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11-3210 - Friedman v. Landau et al


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11-3210 - Friedman v. Landau et al
February 15, 2012
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ORDER granting 9 Motion for Joinder. The court grants Plaintiff leave to amend his Complaint. Plaintiff shall file an Amended Complaint within 30 days of this Order. Ordered by Judge Nicholas G. Garaufis on 2/14/2012. (Lee, Tiffeny)
March 17, 2015
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ORDER ADOPTING 103 REPORT AND RECOMMENDATIONS. The court ADOPTS IN FULL the R&R dismissing the Revised Second Amended Complaint and imposing Rule 11 sanctions against Borzouye. The Clerk of Court is respectfully DIRECTED to enter judgment for Defendants. The determination of the monetary sanction imposed on Borzouye and due to Self Help Defendants is REFERRED to Magistrate Judge James Orenstein for a Report and Recommendation pursuant to 28 U.S.C. ยง 636(b) and Federal Rule of Civil Procedure 72(a). Plaintiff's requests for leave to further amend the Complaint are DENIED. (Dkts. 105, 110, 111, 113, 116, 120.) Plaintiffs request for a pre-motion conference is DENIED. (Dkt. 116.) Plaintiffs requests for oral argument are DENIED. (Dkts. 104, 110, 111, 113, 116, 117.) Plaintiffs requests for leave to subpoena materials are DENIED. (Dkts. 104, 110, 111, 113, 116, 117.) So Ordered by Judge Nicholas G. Garaufis on 3/17/2015. (c/m to pro se; fwd'd for jgm) (Lee, Tiffeny)
February 8, 2017
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ORDER re 138 REPORT AND RECOMMENDATIONS: The court adopts Judge Orenstein's finding that both the number of hours expended and hourly rate are reasonable and that the Self Help Defendants' compensable attorneys' fees total $38,743.50. The court concludes that an award of the full amount of attorneys' fees and costs is not the proper measure of sanctions in this instance. The court imposes a sanction of $20,000 and ORDERS Robert D. Borzouye, Plaintiff's former counsel, to pay this amount to the Self Help Defendants. The Clerk of Court is respectfully requested to enter judgment accordingly. So Ordered by Judge Nicholas G. Garaufis on 2/7/2017. (c/m to plaintiff; fwd'd for jgm) (Lee, Tiffeny)
February 17, 2017
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ff; fwd'd for jgm) (Lee, Tiffeny)CORRECTED ORDER re 138 REPORT AND RECOMMENDATIONS: The court adopts Judge Orenstein's finding that both the number of hours expended and hourly rate are reasonable and that the Self Help Defendants' compensable attorneys' fees total $38,743.50. The court concludes that an award of the full amount of attorneys' fees and costs is not the proper measure of sanctions in this instance. The court imposes a sanction of $20,000 and ORDERS Richard D. Borzouye, Plaintiff's former counsel, to pay this amount to the Self Help Defendants. The Clerk of Court is respectfully requested to enter judgment accordingly. So Ordered by Judge Nicholas G. Garaufis on 2/17/2017. (c/m to plainti
June 28, 2018
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ORDER TO SHOW CAUSE, SCHEDULING ORDER & MEMORANDUM, The court REJECTS the R&R 175 and ORDERS Borzouye to SHOW CAUSE in writing, by no later than 7/6/2018, why the court should not issue an order directing the United States Marshals to take him into their custody and hold him in their custody until such time as he purges his civil contempt by paying the Self Help Defendants what they are owed pursuant to the Sanctions Order. The Self Help Defendants shall submit their reply, if any, by no later than 7/13/2018. The court further DIRECTS Borzouye and the Self Help Defendants to appear at a hearing before the undersigned on 7/17/2018 at 02:30 PM in Courtroom 4D South before Judge Nicholas G. Garaufis. The Court will not consider any requests by Borzouye for adjournment of this hearing. The court HOLDS IN ABEYANCE entry of an order of contempt against Borzouye pending the court's determination of the proper sanction, if any, for his contempt. Service of this order upon Borzouye's counsel of record by ECF shall be deemed sufficient notice. If Borzouye does not timely respond to the order to show cause or appear at the hearing on July 17,2018, the court will find him in contempt of court and issue a warrant for his arrest. So Ordered by Judge Nicholas G. Garaufis on 6/27/2018. (Lee, Tiffeny)
October 12, 2018
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ORDER: For the reasons set forth in the June 27, 2018, M&O, the court finds that the character and magnitude of the harm caused by Borzouye was significant. Additionally, for the reasons set forth in this order and on the record, the court finds that Borzouye has not shown that he is unable to pay any part of the outstanding sanctions and, thus, that coercive sanctions are likely to be effective. Finally, because Borzouye's violation of the court's orders has been willful, and because the court does not believe that additional monetary sanctions are likely to be effective given his refusal to pay what he already owes, the court finds that imprisonment is an appropriate sanction. The court has accordingly signed an arrest warrant directing the United States Marshals to take him into their custody and hold him there until he satisfies the court's orders regarding documentation of his inability to pay, or until he pays a significant portion of his outstanding monetary sanctions. Ordered by Judge Nicholas G. Garaufis on 10/12/2018. (Panek, Gabriel)