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03-1570 - Gutman et al v. Klein et al


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03-1570 - Gutman et al v. Klein et al
December 7, 2005
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ORDER, endorsed on letter dated 11/21/05 from Marvin Neiman to Mag. Levy, A Telephone Conference has been scheduled for 12/12/05 at 1:00. ( Ordered by Judge Robert M. Levy on 11/29/05) (Piper, Francine)
September 26, 2007
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REPORT AND RECOMMENDATION RE 158 MOTION for Sanctions, MOTION for Contempt filed by Zalman Klein. Defendants Zalman Klein, Dina Klein, Rodney Capital Company, Atlas Furniture Manufacturing Corp., A to Z Capital Corp., A to Z Holding Corp., Paz Franklin Company, and Washington Greene Associates (the Klein Defendants) move for an order holding plaintiffs and their counsel, the law firm of Oved & Oved LLP, in contempt of court for allegedly violating a Confidentiality Stipulation and Protective Order, dated September 18, 2003 (the Confidentiality Stipulation). Defendants also seek sanctions against plaintiffs and their counsel for the alleged breach. Plaintiffs oppose the motion, arguing that they did not violate the Confidentiality Stipulation and that, at any rate, the Confidentiality Stipulation is unenforceable as a matter of law. For the reasons stated in the attached Report & Recommendation, I respectfully recommend that defendants motion for contempt be denied. Objections to this report and recommendation must be filed within ten (10) business days, with courtesy copies to the undersigned, in order to preserve appellate review. See 28 U.S.C. ยง 636(b)(1). On the issue of sanctions, the parties are ordered to appear before me for a hearing on November 15, 2007 at 2:00 p.m. Ordered by Judge Robert M. Levy on 9/26/07. SEE ATTACHED REPORT & RECOMMENDATION. (Marino, Janine)
December 2, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Levy, dated 10/15/08 in its entirety and orders that default judgment be entered against defendants. The Court refers this matter to Magistrate Levy to conduct an inquest as to damages, including the attorneys' fees and costs associated with the discovery dispute at issue, and to render a report and recommendation on those issues.( Ordered by Judge Brian M. Cogan on 12/1/08 ) c/m to US Attorney. (Guzzi, Roseann)
October 13, 2009
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ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Levy dated 7/17/09; Ordered that plaintiffs' counsel be awarded a total of $261,567.50 in legal fees and $26,162.22 in costs. ( Ordered by Judge Brian M. Cogan on 10/9/2009 ) Forwarded for jgm. (Guzzi, Roseann) (Main Document 351 replaced on 10/16/2009) please disregard the 2008 error date on this document; the true and correct date is 10/9/09 (Guzzi, Roseann). Modified on 10/16/2009 (Guzzi, Roseann).
November 24, 2010
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ORDER ADOPTING 419 and 420 REPORT AND RECOMMENDATIONS of Magistrate Levy. Defendants' 385 motion for sanctions is DENIED. Plaintiff's 320 motion for damages is granted in part and denied in part. Plaintiffs are awarded the following amounts: $3,334.500.00 to A and Z Capital Corp., $1,506,979.98 to A to Z Holding Corp., and $1,357,500.00 to Washington Greene Associates. The Court orders Zalman Klein's removal as to partner from Paz Franklin Company and Washington Green Associates. Defendants are ordered to pay attorneys' fees and costs in the amount of $444,738.94 in addition to the fees and costs that it may order after reviewing plaintiffs' supplemental submission. ( Ordered by Judge Brian M. Cogan on 11/19/2010 ) (Guzzi, Roseann)
February 16, 2011
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MEMORANDUM DECISION AND ORDER. The 450 Report and Recommendation of Magistrate Judge Robert M. Levy dated 12/23/10 is adopted in full. Defendant Dina Klein's Motion to set aside the default against her 418 is denied. The Court will enter final judgment in accordance with this and its prior Orders. It will enter a separate judgment for the attorneys' fees already determined and those incurred in opposing subsequent objections at the time the Court makes its final determination of attorneys' fees. Plaintiffs may seek recovery for the latter by 3/4/11; any opposition to this application must be filed by 3/25/11. So Ordered by Judge Brian M. Cogan on 2/15/11. (Manuel, Germaine)
August 24, 2015
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MEMORANDUM DECISION AND ORDER denying GMI's 525 Motion to Intervene. ( Ordered by Judge Brian M. Cogan on 8/24/2015 ) (Guzzi, Roseann)
February 3, 2016
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ORDER granting 542 Motion for Contempt. Klein is therefore in contempt of my September 3, 2015 Turnover Order. Klein is ORDERED to comply with the Turnover Order within seven days. Should 185 Marcy Corp. require Klein to execute an affidavit for the issuance of new stock certificate, Klein must do so and take whatever other actions are reasonable to diligently attempt to comply with my Orders.As a sanction for failure to comply with the Turnover Order until this point, and to compensate the injured parties, Klein is further ORDERED to pay Gutmans reasonable attorneys fees in bringing this motion and 185 Marcy Corp.s reasonable attorneys fees in endeavoring to issue shares.A hearing will be held on February 12, 2016 at 11:00 am in Courtroom 8D South, which Klein must attend in person. At the hearing, if Klein has still not complied with the Turnover Order, I will consider coercive sanctions. Because there is such a large judgment outstanding against Klein, the Court has concerns that additional monetary sanctions may not be adequate to compel compliance. Klein is therefore advised that continued defiance of this Courts Orders may result in his being taken into custody by the United States Marshal at the conclusion of the hearing until such time and for such duration as compliance occurs. Ordered by Judge Brian M. Cogan on 2/3/2016. (Cogan, Brian)