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04-2609 - State Farm Mutual Automobile Insurance Company v. Grafman et al


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04-2609 - State Farm Mutual Automobile Insurance Company v. Grafman et al
August 4, 2006
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ORDER adopting recommendation of Magistrate Judge Steven M. Gold, dated May 23, 2006, that plaintiff's motion for prejudgment attachment on assets and a preliminary injunction be denied without prejudice to renewal with additional evidence. Insofar as defendants object to the portion of Judge Gold's decision allowing discovery to move forward, the request is denied and Judge Gold's decision is affirmed.(Signed by Judge Nina Gershon on 08/04/06).
February 9, 2007
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ORDER re 212 Letter, filed by State Farm Mutual Automobile Insurance Company: The Court has received plaintiff's letter dated February 7, 2007 and the Court requests additional information. See Attached Order. Ordered by Judge Steven M. Gold on 02/09/2007. (OConnor, Erin)
December 1, 2007
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ORDER granting in part and denying in part 320 Motion to Stay. Ordered by Chief Magistrate Steven M. Gold on 12/01/07. (Gold, Steven)
June 26, 2009
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REPORT AND RECOMMENDATIONS re 266 Motion to Freeze Assets of Jacob Kagan filed by State Farm Mutual Automobile Insurance Company, respectfully recommending that plaintiff's renewed motion for an asset freeze against Jacob Kagan be denied, without prejudice to renewal based upon new evidence indicating that Kagan intends to frustrate enforcement of a judgment. In addition, I hereby order that Kagan produce the operating agreement for the LLC that holds title to the 390 Graham Avenue property, identify any bank or investment accounts of the LLC, and submit an affidavit from a person with knowledge stating whether the certificates issued on May 30, 2008 remain in effect and accurately reflect the entirety of current ownership interests in the LLC. This production shall be made forthwith, and in any event no later than July 15, 2009. Objections to R&R due by 7/15/2009. See attached R&R. Ordered by Chief Magistrate Steven M. Gold on 6/26/2009. (O'Connor, Erin)
September 21, 2009
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ORDER denying, in their entirety, Docket Entries 474, 483 and 526, Motions for Judgment on the Pleadings and Motion to Dismiss. Ordered by Senior Judge Nina Gershon on 9/21/2009. (Colorado, Chris)
October 1, 2009
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ORDER adopting Report and Recommendations of Magistrate Judge Gold 748, denying, without prejudice, plaintiff's motion to freeze the assets of defendant Jacob Kagan. Ordered by Senior Judge Nina Gershon on 10/1/2009. (Colorado, Chris)
October 1, 2009
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ORDER denying the MOTION to Sever filed by Demitry Tsepenyuk, AYD Services, Inc., KLM Trading, Ltd., Yacov Moin, YAD Trading & Services, Inc., A to Z Medical Supplies, Inc., Artur Klotsman,543,544,545, as premature. In addition, plaintiff State Farm is directed to advise the court in writing within TWO WEEKS as to the status of each defendant named in the action. Ordered by Judge Nina Gershon on 10/1/2009. (Colorado, Chris)
May 19, 2010
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ORDER granting 890 Motion to Compel: Plaintiff's motion for an order requiring defendants Jacob and Victoria Kagan to document how the proceeds of the sale of real property at 390 Graham Avenue, Brooklyn, New York, were disbursed is GRANTED. See attached Order. Ordered by Chief Magistrate Steven M. Gold on 5/19/2010. (O'Connor, Erin)
July 16, 2010
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ORDER granting 927 Motion to Compel; MEMORANDUM AND OPINION; REPORT AND RECOMMENDATION re 927, respectfully recommending that plaintiff's motion for an order restraining certain of Kagan's assets be granted ( Objections to R&R due by 8/2/2010) (O'Connor, Erin)
September 24, 2010
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Erica)MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS RE 931; plaintiff's entitlement to protection of Kagan's assets to assure that any judgment it obtains can be enforced is well-established. Judge Gold's recommendation is therefore adopted, and plaintiff's application for an attachment is GRANTED. Defendant Kagan is therefore prohibited from selling, transferring, or in any way encumbering his properties at 601 Surf Avenue, Apartment 15N, Brooklyn, NY 11224 and 3 Esmac Court, Staten Island, NY 10304. Also, pursuant to CPLR ยง 6212(b), Plaintiff State Farm is hereby ordered to provide an undertaking in the amount of $500 by October 1, 2010. Ordered by Senior Judge Nina Gershon on 9/24/2010. (Fernandez,
November 18, 2010
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Recommendation of Magistrate Judge Steven M. Gold, dated March 22, 2010, is hereby adopted in its entirety. No objection to Judge Gold's recommendation was received. Defendant Arbov is hereby adjudged to be in default, and damages will be determined at a laterstage in the proceedings. Ordered by Senior Judge Nina Gershon on 11/17/2010. (fwd for judgment) (Fernandez, Erica)
December 7, 2011
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ORDER granting 1123 Motion for Default Judgment: On August 25, 2011, plaintiff filed a Motion for Default Judgment as a Sanction for Failure to Participate in Preparation of the Pre-Trial Order as to Igor Vetoukh. Plaintiff's Motion for Default is GRANTED. As a result, there are no remaining defendants active in this case. All other defendants have either settled or have had default judgments entered against them. This case, therefore, will proceed to a determination of damages. As plaintiff has proposed, plaintiff is hereby directed, within 30 days, to re-file its Statement of Actual Damages, including only those defendants against whom it has obtained a default judgment. Additionally, plaintiff shall submit affidavits, and any supporting documents, supporting the dollar amount of damages it is alleging. Plaintiff is directed to serve these papers, by mail, together with a copy of this order on all defaulted defendants except those represented by counsel, who will receive them on ECF, and to file proof of service. Any defendant wishing to be heard shall submit a response in writing within 30 days of service. The determination of damages as to all remaining defendants is hereby referred to Chief Magistrate Judge Steven M. Gold. All further scheduling and requests regarding damages will be handled by Magistrate Judge Gold. Ordered by Senior Judge Nina Gershon, on 12/5/2011.
June 28, 2012
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ORDER re 1146 Letter: The inquest will proceed on July 12, 2012. See attached Order for additional information. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/28/2012. (O'Connor, Erin)
May 8, 2013
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, with the slight modification as set forth above, I adopt the Report and Recommendations of Judge Gold as the opinion of the court. The Clerk of Court is directed to enterjudgment against the defaulting defendants in the amounts set forth on pages 22-23 of the Report and in the Supplement to Report& Recommendation, dated Jan. 18,2013 (ECF Doc 1164), and to close this case. Ordered by Judge Nina Gershon on 5/3/2013. (fwd for judgment) (Fernandez, Erica)
January 21, 2015
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ORDER granting 1219 Motion to Compel. Ordered by Chief Mag. Judge Steven M. Gold on 1/21/2015. (Gold, Steven)
December 23, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE GOLD. Ordered by Judge Nina Gershon on 12/21/2015. Forwarded for Judgment. (Priftakis, Tina)
October 20, 2016
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ORDER denying 1304 Motion to Compel: See attached order. Ordered by Magistrate Judge Steven M. Gold on 10/20/2016. (Pronley, Alyssa)
May 2, 2017
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ORDER ADOPTING 1354 REPORT AND RECOMMENDATION re 1332 MOTION for Order of Sale to Direct Sale of Esmac Court Property filed by State Farm Mutual Automobile Insurance Company. I agree with Judge Gold's conclusion, find Mr. Kagan's objections unpersuasive, and grant State Farm's motion for an order directing the sale of the Esmac Property. Ordered by Judge Nina Gershon on 5/1/2017. (Barrett, C)
September 21, 2017
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OPINION & ORDER ADOPTING 1374 REPORT AND RECOMMENDATION re 1263 MOTION to Enforce Judgment filed by State Farm Mutual Automobile Insurance Company. The R&R is adopted in its entirety. State Farm's motion to recover funds from Volfman and Miriam Kagan is denied. State Farm's motion to recover funds from Yan Lyubomirsky, Edward Koretsky, Alla Koretsky, and Elena Kazhdan is granted as unopposed. The Clerk of Court is directed to enter judgment against these defendants in the amounts stated herein. Lastly, State Farm's motion to depose Volfman and for attorneys' fees is denied. Ordered by Judge Nina Gershon on 9/21/2017. (Barrett, C)