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15-1185 - Citibank, N.A. et al v. Bombshell Taxi LLC et al


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15-1185 - Citibank, N.A. et al v. Bombshell Taxi LLC et al
January 12, 2016
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Decision After Trial. For all the foregoing reasons, the stay, entered on November 19, 2015 [ECF 34], of the order of attachment entered on November 17, 2015 [ECF 28], is lifted, and Citibank is authorized to attach the Real Estate Entities transferred by Freidman to the Trust. Citibank is directed to submit an order consistent with this decision (RE: related document(s)4 Motion to Authorize/Direct). Signed on 1/12/2016 (nds)
April 29, 2016
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Decision and Order Denying Motion for Protective Order and Scheduling Discovery, Pre-Trial Submissions and Hearing (RE: related document(s)124 Motion to Authorize/Direct filed by Plaintiff Citibank, N.A., 125 Motion for Protective Order filed by Intervenor The Lindy Funding Trust, Interested Party The Evelyn Funding Trust, Interested Party The Kelly Funding Trust, Interested Party The Birkin Funding Trust, 131 Order to Show Cause (Generic), 142 Motion to Authorize/Direct filed by Plaintiff Citibank, N.A., 148 Motion to Authorize/Direct filed by Plaintiff Citibank, N.A., 150 Motion to Authorize/Direct filed by Intervenor The Lindy Funding Trust, Interested Party The Evelyn Funding Trust, Interested Party The Kelly Funding Trust, Interested Party The Birkin Funding Trust, 152 Objection filed by Intervenor The Lindy Funding Trust, Interested Party The Evelyn Funding Trust, Interested Party The Kelly Funding Trust, Interested Party The Birkin Funding Trust, 156 Motion to Authorize/Direct filed by Plaintiff Citibank, N.A.). Signed on 4/29/2016. Hearing set for 6/22/2016 at 09:30 AM at Courtroom 3529 (Judge Craig), Brooklyn, NY. Pre-Trial Order due by 6/17/2016. Discovery due by 5/20/2016. [Please see Order for specific details of deadlines} (dkc)
May 9, 2016
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Opinion/Decision. Amended Order Denying Motion for Protective Order and Scheduling Discovery, Pre-Trial Submissions and Hearing. ORDERED, that any other submissions regarding matters to be heard at the Rescheduled Hearing, including pre-trial briefs with respect to the petitions and motions to be heard at the rescheduled hearing, be filed by July 22, 2016 (RE: related document(s)100 Motion to Authorize/Direct filed by Intervenor The Lindy Funding Trust, 131 Order to Show Cause (Generic), 142 Motion to Authorize/Direct filed by Plaintiff Citibank, N.A., 148 Motion to Authorize/Direct filed by Plaintiff Citibank, N.A., 150 Motion to Authorize/Direct filed by Intervenor The Lindy Funding Trust, Interested Party The Evelyn Funding Trust, Interested Party The Kelly Funding Trust, Interested Party The Birkin Funding Trust, 151 Affidavit filed by Intervenor The Lindy Funding Trust, Interested Party The Evelyn Funding Trust, Interested Party The Kelly Funding Trust, Interested Party The Birkin Funding Trust, 156 Motion to Authorize/Direct filed by Plaintiff Citibank, N.A., 173 Opinion/Decision for External Web Page, Scheduling Order, 174 Letter filed by Plaintiff Citibank, N.A.). Signed on 5/9/2016. Rescheduled hearing set for 7/27/2016 at 09:30 AM at Courtroom 3529 (Judge Craig), Brooklyn, NY. Joint Pre-Trial Order due by 7/13/2016. [See Order for additional deadlines.] (dkc)
March 30, 2017
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Proposed Findings of Fact and Conclusions of Law. Review of the evidence presented on this motion results in the conclusion that Freidman has not raised a genuine issue of material fact with respect to Citibanks entitlement to summary judgment on his guaranties of the Loans, or dismissal of the counterclaims asserted by Freidman. Therefore, Citibanks motion should be granted (RE: related document(s)92 Motion for Summary Judgment filed by Plaintiff Citibank, N.A.). Signed on 3/30/2017 (dkc)
April 10, 2017
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Order that the Kelly Funding Trust, the Birkin Funding Trust, the Lindy Funding Trust, and the Evelyn Funding Trust, Evgeny Freidman, and their respective counsel produce all documents previously requested by Citibank and withheld on the basis of the common interest doctrine; that all such documents be provided to Citibanks counsel on or before April 18, 2017; and that the deadline for filing a Joint Pre-Trial Order with respect to the matters to be tried commencing on May 2, 2017, and for the exchange of exhibits, set by this Courts order dated March 7, 2017, is hereby extended from April 24, 2017 to April 27, 2017 (RE: related document(s)356 Motion to Authorize/Direct filed by Plaintiff Citibank, N.A.). Signed on 4/10/2017 (aac)
April 10, 2017
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Opinion/Decision. As neither Freidman, nor the Trusts, have met the burden required to demonstrate that the common interest doctrine applies, the Court finds that the attorney-client privilege was waived with respect to the communications shared between the Trusts and/or their counsel, on the one hand, and Freidman and/or his counsel, on the other hand. Accordingly, the Trusts, Freidman, and their respective counsel, are directed to produce all such communications previously requested and withheld on the basis of the common interest doctrine to Citibank on or before April 18, 2017 (RE: related document(s)356 Motion to Authorize/Direct filed by Plaintiff Citibank, N.A.). Signed on 4/10/2017 (aac)
April 18, 2017
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Decision and Order. Based upon a balancing of the four criteria to be considered in evaluating a motion for stay pending appeal, the Movants' request for a stay is denied.(RE: related document(s) 434 Motion To Stay Pending Appeal filed by Intervenor The Lindy Funding Trust, Interested Party The Evelyn Funding Trust, Interested Party The Kelly Funding Trust, Interested Party The Birkin Funding Trust). Signed on 4/18/2017 (fmr)
October 4, 2017
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Proposed Findings of Fact and Conclusions of Law. It is recommended that the District Court: (1) deny the Trusts' Petition; (2) determine that the United States Marshal properly levied on Freidman's interests in the real estate entities; (3) deny Citibank's motion for a determination that the real estate entities are Freidman's alter egos; (4) deny Citibank's motion for a determination that the United States Marshal properly levied upon the real estate entities' real property in New York; (5) deny Citibank's motion for adverse inferences; and (6) overrule Freidman's objection to Citibank's exhibits as moot(RE: related document(s)142,348,405). Signed on 10/4/2017. (nds)