Case Details

CourtDistrict of Connecticut
Docket number3:16-cv-00678
Date case filed2016-05-03
Date case closed
Date of latest filing
Assigned toJudge Michael P. Shea
Case cause28:1332 Diversity-Personal Injury
Nature of suit360 P.I.: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Eliyahu Mirlis
Party type: Plaintiff
Attorney name: Antonio Ponvert , III
Attorney Contact:
Koskoff, Koskoff & Bieder, P.C.
350 Fairfield Ave., 5th Floor
Bridgeport, CT 06604
203-336-4421
Fax: 203-368-3244
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Daniel Greer
Party type: Defendant
Rabbi
Attorney name: William J. Ward
Attorney Contact:
William J. Ward
Attorney at Law
336 Torrington Rd.
Litchfield, CT 06790
860-567-2210
Fax: 860-567-2218
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Amanda C. Nugent
Attorney Contact:
Carmody Torrance Sandak & Hennessey, LLP - NH
195 Church St. 18th floor
PO Box 1950
New Haven, CT 06510-1950
203 777-5501
Fax: 203 784-3199
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: David T. Grudberg
Attorney Contact:
Carmody Torrance Sandak & Hennessey, LLP - NH
195 Church St. 18th floor
PO Box 1950
New Haven, CT 06510-1950
203-777-5501
Fax: 203-784-3199
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Yeshiva of New Haven, Inc.
Party type: Defendant
Attorney name: Amanda C. Nugent
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David T. Grudberg
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: William J. Ward
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Gan School, Inc.
Party type: Defendant
TERMINATED: 04/12/2017
Attorney name: William J. Ward
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Amanda C. Nugent
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David T. Grudberg
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: F.O.H., Inc.
Party type: Defendant
TERMINATED: 04/12/2017
Attorney name: William J. Ward
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Amanda C. Nugent
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David T. Grudberg
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Edgewood Village, Inc.
Party type: Defendant
TERMINATED: 04/12/2017
Attorney name: William J. Ward
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Amanda C. Nugent
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David T. Grudberg
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Edgewood Elm Village, Inc.
Party type: Defendant
TERMINATED: 04/12/2017
Attorney name: William J. Ward
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Amanda C. Nugent
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David T. Grudberg
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Sarah Greer
Party type: Movant
Attorney name: David T. Grudberg
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-05-03 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0205-3984915.), filed by Eliyahu Mirlis.(Ponvert, Antonio) (Entered: 05/03/2016)
22016-05-03 Order on Pretrial Deadlines: Motions to Dismiss due on 8/3/2016. Amended Pleadings due by 7/2/2016. Discovery due by 11/2/2016. Dispositive Motions due by 12/2/2016. Signed by Clerk on 5/3/2016. (Shafer, J.) (Entered: 05/03/2016)
32016-05-03 ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Michael P. Shea on 5/3/2016. (Shafer, J.) (Entered: 05/03/2016)
42016-05-03 STANDING PROTECTIVE ORDER. Signed by Judge Michael P. Shea on 5/3/2016. (Shafer, J.) (Entered: 05/03/2016)
52016-05-03 NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 1 Complaint filed by Eliyahu Mirlis, 4 Standing Protective Order, 2 Order on Pretrial Deadlines, and 3 Electronic Filing Order. Signed by Clerk on 5/3/2016. (Shafer, J.) (Entered: 05/03/2016)
62016-05-03 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc.* with answer to complaint due within *21* days. Attorney *Antonio Ponvert, III* *Koskoff, Koskoff & Bieder, P.C.* *350 Fairfield Ave., 5th Floor* *Bridgeport, CT 06604*. (Shafer, J.) (Entered: 05/03/2016)
72016-05-19 SUMMONS Returned Executed by Eliyahu Mirlis. Gan School, Inc. served on 5/4/2016, answer due 5/25/2016; Daniel Greer served on 5/4/2016, answer due 5/25/2016; Yeshiva of New Haven, Inc. served on 5/4/2016, answer due 5/25/2016. (Ponvert, Antonio) (Entered: 05/19/2016)
82016-05-24 NOTICE of Appearance by William J. Ward on behalf of Yeshiva of New Haven, Inc., Daniel Greer, and Gan School, Inc. (Ward, William) Modified filers and text on 5/24/2016 (Nuzzi, T). (Entered: 05/24/2016)
92016-05-24 AMENDED COMPLAINT against All Defendants, filed by Eliyahu Mirlis.(Ponvert, Antonio) (Entered: 05/24/2016)
102016-05-25 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc.* with answer to complaint due within *21* days. Attorney *Antonio Ponvert, III* *Koskoff, Koskoff & Bieder, P.C.* *350 Fairfield Ave., 5th Floor* *Bridgeport, CT 06604*. (Shafer, J.) (Entered: 05/25/2016)
112016-05-25 MOTION For Extension of Time to file Answer, Counterclaims, Third Party Complaints or Motion Addressed to Amended Complaint by William J. Ward on behalf of Yeshiva of New Haven, Inc. The Gan School, INc., F.O.H., Inc., Edgewood Village Inc., and Edgewood Elm Village, Inc. (Ward, William) Modified on 5/25/2016 to reflect what was filed (Caffrey, A.). (Entered: 05/25/2016)
122016-05-25 NOTICE of Appearance by William J. Ward on behalf of Yeshiva of New Haven, Inc. Rabbi Daniel Greer, The Gan School, INc., F.O.H. Inc., Edgewood Village, Inc., Edgewood Elm Village, Inc. (Ward, William) (Entered: 05/25/2016)
132016-05-25 NOTICE of Appearance by William J. Ward on behalf of Yeshiva of New Haven, Inc. Rabbi Daniel Greer, The Gan School, INc., F.O.H. Inc., Edgewood Village, Inc., Edgewood Elm Village, Inc. (Ward, William) (Entered: 05/25/2016)
142016-05-26 ORDER. The 11 Motion for Extension of Time is GRANTED. The defendants have until June 24, 2016 to respond to the 9 Amended Complaint. Signed by Judge Michael P. Shea on 5/26/2016. (Hillier, D.) Modified on 5/26/2016 (Shafer, J.). (Entered: 05/26/2016)
152016-06-15 SUMMONS Returned Executed by Eliyahu Mirlis. Edgewood Elm Village, Inc. served on 6/7/2016, answer due 6/28/2016; Edgewood Village, Inc. served on 6/7/2016, answer due 6/28/2016; F.O.H., Inc. served on 6/7/2016, answer due 6/28/2016. (Ponvert, Antonio) (Entered: 06/15/2016)
162016-06-22 Defendants' ANSWER to 9 Amended Complaint by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc..(Ward, William) (Entered: 06/22/2016)
172016-07-11 REPORT of Rule 26(f) Planning Meeting. (Ward, William) (Entered: 07/11/2016)
182016-07-11 Joint REPORT of Rule 26(f) Planning Meeting. (Ponvert, Antonio) (Entered: 07/11/2016)
192016-07-12 SCHEDULING ORDER:Telephonic Status Conference set for 10/3/2016 11:30 AM CT before Judge Michael P. Shea. Discovery due by 2/1/2017; Dispositive Motions due by 3/1/2017; Joint Status Report due by 9/26/2016; Joint Trial Brief due by 3/16/2017 Signed by Judge Michael P. Shea on 7/12/16.(Johnson, D.) (Entered: 07/13/2016)
202016-07-20 ORDER. The Court has reviewed the attached correspondence concerning a discovery dispute raised by the parties. The Court agrees with the plaintiff and orders that the deposition in question shall go forward as noticed. Signed by Judge Michael P. Shea on 7/20/2016. (Hillier, D.) (Entered: 07/20/2016)
212016-08-02 ORDER. In accordance with the undersigned's instructions on discovery disputes, the parties have submitted correspondence raising a discovery dispute. The Court hereby refers the discovery dispute to Magistrate Judge Martinez Signed by Judge Michael P. Shea on 8/2/2016. (Hillier, D.) (Entered: 08/02/2016)
222016-08-02 ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for Discovery Signed by Judge Michael P. Shea on 8/2/16.(Johnson, D.) (Entered: 08/02/2016)
232016-08-10 ORDER : A telephonic conference regarding the discovery issue concerning the deposition of Avi Hack is scheduled for 8/19/2016 at 11:15 AM before Judge Martinez. Defense counsel shall initiate the conference call and shall have all counsel on the line when calling chambers at 860 240 3605.(Constantine, A.) (Entered: 08/10/2016)
242016-08-17 ORDER : Due to a change in the court's calendar, the conference call with Judge Martinez is rescheduled to Friday 8/26/16 at 2:00 pm. Defense counsel shall initiate the conference call and shall have all counsel on the line when calling chambers at 860 240 3605. (Constantine, A.) (Entered: 08/17/2016)
252016-08-26 Minute Entry for proceedings held before Judge Martinez: Telephonic Discovery Conference held on 8/26/2016. 12 minutes. Defendants' motion due by 9/9/16. Defendants' motion shall specify with particularity each question at issue and following each "shall forth the reason why [it] should be allowed." See Local Rule 37. Opposition due 9/23/16. (Constantine, A.) (Entered: 08/26/2016)
262016-09-06 MOTION to Quash by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc..Responses due by 9/27/2016 Motions referred to Donna F. Martinez(Ward, William) (Entered: 09/06/2016)
272016-09-07 ORDER. The Court refers the 26 Motion to Quash to Magistrate Judge Martinez. Signed by Judge Michael P. Shea on 09/07/2016. (Hillier, D.) (Entered: 09/07/2016)
282016-09-07 ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for Motion including 26 MOTION to Quash Signed by Judge Michael P. Shea on 9/7/16.Motions referred to Donna F. Martinez(Johnson, D.) (Entered: 09/07/2016)
292016-09-09 MOTION to Compel by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc..Responses due by 9/30/2016 (Attachments: # 1 Exhibit)(Ward, William) (Entered: 09/09/2016)
29.1 Exhibit
302016-09-14 MOTION to Compel and Opposition to Doc. 26 by Eliyahu Mirlis.Responses due by 10/5/2016 (Ponvert, Antonio) (Entered: 09/14/2016)
312016-09-14 AFFIDAVIT re 26 MOTION to Quash and Motion to Compel (Doc. 30) Signed By Antonio Ponvert III filed by Eliyahu Mirlis. (Attachments: # 1 Exhibit In support of Opp to Doc. 26 and Motion to Compel)(Ponvert, Antonio) (Entered: 09/14/2016)
322016-09-15 ORDER. The Court refers the 29 Motion to Compel and the 30 Motion to Compel and Opposition to Doc. 26 to Magistrate Judge Martinez. Signed by Judge Michael P. Shea on 09/15/2016. (Howard, H.) (Entered: 09/15/2016)
332016-09-15 ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for motions including 30 MOTION to Compel and Opposition to Doc. 26, 29 MOTION to Compel Signed by Judge Michael P. Shea on 9/15/16.Motions referred to Donna F. Martinez(Johnson, D.) (Entered: 09/15/2016)
342016-09-22 Joint STATUS REPORT by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 09/22/2016)
352016-09-28 ORDER. Based on a review of the parties' 34 joint status report, the telephonic status conference scheduled for October 3, 2016 is hereby canceled. Signed by Judge Michael P. Shea on 09/28/2016. (Howard, H.) (Entered: 09/28/2016)
362016-09-30 Memorandum in Opposition re 29 MOTION to Compel filed by Aviad Hack. (Errante, Steven) (Entered: 09/30/2016)
372016-10-11 ORDER: The defendant's motion to quash 26 is denied and the plaintiff's motion to compel the defendant's deposition 30 is granted. Defendant is ordered to attend his deposition and produce the requested documents. Counsel shall confer regarding a mutually agreeable date for the defendant's deposition. The deposition shall take place within 14 days of this order. If the parties are unable to agree on the scheduling of the deposition, they are to advise the court by October 17, 2016, and the court will set a date. Signed by Judge Donna F. Martinez on 10/11/16. (Constantine, A.) (Entered: 10/11/2016)
382016-10-13 MOTION to Take Deposition from Daniel Greer by Eliyahu Mirlis. (Attachments: # 1 Exhibit)(Ponvert, Antonio) (Entered: 10/13/2016)
392016-10-14 RESPONSE filed by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc.. (Ward, William) (Entered: 10/14/2016)
402016-10-14 ORDER Setting Hearing on Plaintiff's Motion 38 to Take Deposition from Daniel Greer : A telephonic hearing is scheduled for Monday 10/17/2016 at 3:00 PM before Judge Martinez. Plaintiff's counsel shall initiate the conference call and shall have opposing counsel on the line when calling chambers. (Constantine, A.) (Entered: 10/14/2016)
412016-10-17 Minute Entry. Proceedings held before Judge Donna F. Martinez: taking under advisement 38 Motion to Take Deposition from Daniel Greer ; Telephonic Motion Hearing held on 10/17/2016 re 38 MOTION to Take Deposition from Daniel Greer filed by Eliyahu Mirlis. Time 13 minutes(Court Reporter M. Falzarano.) (Wood, R.) (Entered: 10/18/2016)
422016-10-18 ORDER : The plaintiff's motion 38 requesting that the court set a date for the deposition of defendant Greer is granted. By agreement of the parties, the deposition shall be conducted on Monday, October 31, 2016 at 10:00 a.m. Counsel and the deponent shall be prepared for the deposition to last for the entire day. Defense counsel represented to the court that his client is available on that date. The deposition shall be conducted in the East Courtroom, U.S. District Court for the District of Connecticut, 450 Main Street, Hartford, CT. Signed by Judge Donna F. Martinez on 10/18/16. (Constantine, A.) (Entered: 10/18/2016)
432016-11-01 MOTION to Compel Answers to Interrogatories and Production of Documents by Eliyahu Mirlis.Responses due by 11/22/2016 (Mattei, Christopher) (Entered: 11/01/2016)
442016-11-01 AFFIDAVIT re 43 MOTION to Compel Answers to Interrogatories and Production of Documents Signed By Antonio Ponvert III filed by Eliyahu Mirlis. (Attachments: # 1 Exhibit E, # 2 Exhibit)(Mattei, Christopher) (Entered: 11/01/2016)
44.1 Exhibit E
44.2 Exhibit
452016-11-07 ORDER. The plaintiff's 43 motion to compel is hereby referred to Judge Martinez. Signed by Judge Michael P. Shea on 11/07/2016. (Howard, H.) (Entered: 11/07/2016)
462016-11-07 ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for Motion including 43 MOTION to Compel Answers to Interrogatories and Production of Documents Signed by Judge Michael P. Shea on 11/7/16.Motions referred to Donna F. Martinez(Johnson, D.) (Entered: 11/07/2016)
472016-11-23 MOTION for Sanctions by Eliyahu Mirlis.Responses due by 12/14/2016 (Ponvert, Antonio) (Entered: 11/23/2016)
482016-11-28 ORDER. The 47 motion for sanctions is hereby referred to Judge Martinez. Signed by Judge Michael P. Shea on 11/28/2016. (Howard, H.) (Entered: 11/28/2016)
492016-11-28 ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for Motion including 47 MOTION for Sanctions Signed by Judge Michael P. Shea on 11/28/16.Motions referred to Donna F. Martinez(Johnson, D.) (Entered: 11/29/2016)
502016-11-30 ORDER granting plaintiff's motion 43 to compel. See attached ruling. Signed by Judge Donna F. Martinez on 11/30/16. (Constantine, A.) (Entered: 11/30/2016)
512016-11-30 ORDER: The plaintiff's motion for sanctions 47 is denied without prejudice in light of the court's ruling on the plaintiff's motion to compel. Signed by Judge Donna F. Martinez on 11/30/16. (Constantine, A.) (Entered: 11/30/2016)
522016-12-01 NOTICE by Eliyahu Mirlis Intent to Serve Subpoena (Attachments: # 1 Exhibit)(Ponvert, Antonio) (Entered: 12/01/2016)
532016-12-02 Sealed Offer of Compromise by Eliyahu Mirlis. (Shafer, J.) (Entered: 12/05/2016)
542016-12-06 AFFIDAVIT re 50 Order on Motion to Compel Signed By Antonio Ponvert III filed by Eliyahu Mirlis. (Attachments: # 1 Exhibit)(Ponvert, Antonio) (Entered: 12/06/2016)
552016-12-07 MOTION to Quash by Daniel Greer.Responses due by 12/28/2016 (Ward, William) (Entered: 12/07/2016)
562016-12-07 Memorandum in Opposition re 55 MOTION to Quash filed by Eliyahu Mirlis. (Attachments: # 1 Exhibit)(Ponvert, Antonio) (Entered: 12/07/2016)
572016-12-08 ORDER. The 55 Motion to Quash is hereby referred to Judge Martinez. Signed by Judge Michael P. Shea on 12/8/2016. (Howard, H.) (Entered: 12/08/2016)
582016-12-08 ORDER : Defendant Greer's motion to quash deposition and production request 55 is denied. The deposition shall proceed as scheduled. Signed by Judge Donna F. Martinez on 12/8/16. (Constantine, A.) (Entered: 12/08/2016)
592016-12-09 MOTION for Reconsideration by Daniel Greer.Responses due by 12/30/2016 (Ward, William) (Entered: 12/09/2016)
602016-12-09 Memorandum in Opposition re 59 MOTION for Reconsideration filed by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 12/09/2016)
612016-12-08 ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for 55 Motion to Quash Signed by Judge Michael P. Shea on 12/8/16.(Johnson, D.) (Entered: 12/09/2016)
622016-12-09 ORDER : Defendant Greer's motion for reconsideration 59 is denied. "The standard for granting [a motion for reconsideration] is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked -- matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995). "A motion for reconsideration may not be used to plug gaps in an original argument or to argue in the alternative once a decision has been made.... It is also not appropriate to use a motion to reconsider solely to re-litigate an issue already decided." SPGGC, Inc. v. Blumenthal, 408 F. Supp. 2d 87, 91-92 (D. Conn. 2006). Three grounds can justify reconsideration: "an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice." Virgin Atl. Airways, Ltd. v. Nat'l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. 1992). The defendant does not advance any of these grounds, much less satisfy them. "[T]he motion for reconsideration does not cite or acknowledge the legal standard that governs a motion for reconsideration. [Defendantl] has ignored governing law and done nothing to satisfy it." Mercedes Zee Corp., LLC v. Seneca Ins. Co., Inc., No. 3:14cv119(JAM), slip. op. at 2 (D. Conn. Sept. 16, 2016). The motion is denied. Signed by Judge Donna F. Martinez on 12/9/16. (Constantine, A.) (Entered: 12/09/2016)
632016-12-12 ORDER : The court awarded plaintiff fees pursuant to Rule 37. See doc. #50. On 12/6/16, the plaintiff filed an affidavit (doc. #54) averring that (1) counsel have been unable to reach an agreement as to the amount of fees and (2) he requests reimbursement of $5525. Defendant Greer's response to the plaintiff's submission is due 12/27/16. See D.Conn.L.Civ.R. 7(a)1 ("Failure to submit a memorandum in opposition to a motion may be deemed sufficient cause to grant the motion....") Signed by Judge Donna F. Martinez on 12/12/16.(Constantine, A.) (Entered: 12/12/2016)
642016-12-12 MOTION Capias, Fine and Damages re 58 Order on Motion to Quash by Eliyahu Mirlis.Responses due by 1/2/2017 (Ponvert, Antonio) (Entered: 12/12/2016)
652016-12-12 AFFIDAVIT re 64 MOTION Capias, Fine and Damages re 58 Order on Motion to Quash Signed By Antonio Ponvert III filed by Eliyahu Mirlis. (Attachments: # 1 Exhibit A - G)(Ponvert, Antonio) (Entered: 12/12/2016)
662016-12-13 MOTION for Status and Scheduling Conference Order by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 12/13/2016)
672016-12-14 NOTICE by Daniel Greer (Ward, William) (Entered: 12/14/2016)
682016-12-14 ORDER. The 64 Motion for Capias, Fine, and Damages is hereby referred to Judge Martinez. Signed by Judge Michael P. Shea on 12/14/2016. (Howard, H.) (Entered: 12/14/2016)
692016-12-14 ORDER. Plaintiff's 66 Motion for Status Conference and Scheduling Order is GRANTED. The Court will hold an in-court status conference on January 3, 2017 at 2:00 p.m., at which counsel for the parties and their clients must be present. Signed by Judge Michael P. Shea on 12/14/2016. (Howard, H.) (Entered: 12/14/2016)
702016-12-15 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 1/3/2017 02:00 PM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea (Johnson, D.) (Entered: 12/15/2016)
712016-12-14 ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for Motion including 64 MOTION Capias, Fine and Damages re 58 Order on Motion to Quash Signed by Judge Michael P. Shea on 12/14/16.Motions referred to Donna F. Martinez(Johnson, D.) (Entered: 12/15/2016)
722016-12-15 NOTICE of Appearance by David T. Grudberg on behalf of Sarah Greer (Grudberg, David) (Entered: 12/15/2016)
732016-12-15 ORDER & NOTICE: Attorney David Grudberg contacted Judge Martinez's chambers on 12/15/16 and reported the following: (1) he represents nonparty Sarah Greer; (2) on 12/14/16, his assistant attempted to file his appearance on Sarah Greer's behalf, but the court's electronic system would not accept his appearance for a non-party without a contemporaneous pleading; (3) he filed his appearance 12/15/16; (4) he is preparing a pleading to oppose plaintiff's request for a capias, fine and damages [doc. #64]; (5) he has spoken with plaintiff's counsel in an attempt to reach an agreement obviating the need for the United States Marshal to apprehend Greer. On the basis of those representations, it is hereby ORDERED that plaintiff's counsel Attorney Ponvert and counsel for the nonparty Attorney David Grudberg shall confer regarding the plaintiff's motion and report back to chambers no later than 10:00 am on 12/16/16 as to whether they have reached any agreement on plaintiff's pending application (doc.#64). Signed by Judge Donna F. Martinez on 12/15/16.(Constantine, A.) (Entered: 12/15/2016)
742016-12-16 Minute Entry for proceedings held before Judge Martinez: Telephonic status conference held on 12/16/2016. Total time: 10 minutes. (Brierley, K.) (Entered: 12/16/2016)
752016-12-16 ORDER: The deposition of Sarah Greer shall be conducted on Tuesday, January 3, 2017 at 10:00 a.m. in the East Courtroom, U.S. District Court for the District of Connecticut, 450 Main Street, Hartford, CT. Counsel and the deponent must report to Judge Martinez's chambers by no later than 9:45 a.m. and be ready to begin the deposition promptly at 10:00 a.m. All participants must be prepared for the deposition to last for the entire day. An in-court status conference before Judge Shea will take place after the deposition concludes. By no later than 12/23/16, the deponent Greer shall respond to that aspect of the plaintiff's motion for capias (doc. #64) requesting the imposition of a fine and damages for Greer's failure to appear at her previously noticed deposition on 12/12/16. Signed by Judge Donna F. Martinez on 12/16/16. (Brierley, K.) (Entered: 12/16/2016)
762016-12-23 Memorandum in Opposition re 64 MOTION Capias, Fine and Damages re 58 Order on Motion to Quash filed by Sarah Greer. (Grudberg, David) (Entered: 12/23/2016)
772017-01-01 ORDER: The deposition of Sarah Greer is rescheduled to 1/5/17 at 10:00 a.m. in the East Courtroom, U.S. District Court for the District of Connecticut, 450 Main Street, Hartford, CT. Counsel and the deponent must report to Judge Martinez's chambers by no later than 9:45 a.m. and be ready to begin the deposition promptly at 10:00 a.m. All participants must be prepared for the deposition to last for the entire day. The in-court status conference before Judge Shea will take place on 1/3/17 at 2:00 pm. Signed by Judge Donna F. Martinez on 1/1/17.(Constantine, A.) (Entered: 01/01/2017)
782017-01-03 ORDER : The deposition of Sarah Greer is rescheduled and shall be conducted on 1/10/2017 at 10:00 a.m. in the East Courtroom, U.S. District Court for the District of Connecticut, 450 Main Street, Hartford, CT. Counsel and the deponent must report to Judge Martinez's chambers by no later than 9:45 a.m. and be ready to begin the deposition promptly at 10:00 a.m. All participants must be prepared for the deposition to last for the entire day. Signed by Judge Donna F. Martinez on 1/3/17.(Constantine, A.) (Entered: 01/03/2017)
792017-01-03 CONFERENCE MEMORANDUM AND ORDER: On January 3, 2017, I held a status conference under Fed. R. Civ. P. 16 with Antonio Ponvert III, attorney for the plaintiff, and William J. Ward, attorney for the defendants. Plaintiff, Eliyahu Mirilis, and Defendant Daniel Greer were also present. At the conference, the following topics were discussed: (i) the status of discovery in the case, (ii) deadlines for the remainder of the case, (iii) a trial date, and (iv) issues related to the defendant's invoking his Fifth Amendment rights at his deposition. Both counsel indicated that discovery is substantially complete. There do remain depositions of plaintiff, plaintiff's wife, and the two non-party witnesses identified, respectively, in docket numbers 29 and 78. The parties informed me that they are working, in good faith, to schedule those depositions so as to complete discovery by the February 1, 2017 deadline. Defense counsel also indicated his intent to file a motion seeking the Court's permission to file late responses to plaintiff's requests for admissions and/or to to request the Court's permission that any admissions be withdrawn or amended. See Fed. R. Civ. P. 36. Defense counsel reported at the conference that he had sent the requests for admission to his client but that his client told him (apparently during the conference) that he had not received them. Defense counsel confirmed that he had not reported to plaintiff's counsel previously that Defendant Greer had not received the requests for admission. I advised defense counsel that he was at liberty to file any such motion, but I would reserve judgment until such motion had been filed and fully briefed.Based on the discussion at the conference, the Court hereby orders as follows: (1) jury selection is set for May 10, 2017 at 9:00 a.m. in Courtroom Two, 450 Main St., Hartford, CT before the undersigned, (2) evidence will begin as soon as possible after jury selection after taking into account the Court's trial schedule (including the other pending cases before this Court with the same jury selection date), and as discussed, counsel shall be prepared to try the case any time in May on or after May 10, 2017, (3) the joint trial memorandum is due April 10, 2017 and shall comply with the undersigned's instructions, (4) the pretrial conference is set for May 2, 2017 at 11:00 a.m. in Courtroom Two, 450 Main St., Hartford, CT before the undersigned, (5) any motion in limine shall be filed on or before March 30, 2017 in accordance with the undersigned's instructions, and (6) any responses to any motion in limine shall be filed on or before April 16, 2017 in accordance with the undersigned's instructions. At the conference I also urged the parties to consider the possibility of settlement. As discussed, I will refer the case to mediation whenever both parties agree to such referral in good faith and are willing to represent that mediation stands a reasonable chance of resolving the case (and thus is not likely to waste the time of the Magistrate Judge). Specifically, if the parties are interested in referral for mediation, they should file a joint statement certifying that (1) counsel have conferred with their clients and each other, (2) the parties wish to proceed to mediation, (3) the parties are willing to participate in settlement efforts at such mediation in good faith, and (4) counsel believe that a mediation stands at least a reasonable chance of resolving the case without trial. As I told the parties, in light of the fact that the trial is approximately four months away,they should file the joint statement as soon as possible if they wish to mediate before trial, and especially if they wish to do so without incurring the expense of preparing the joint trial memorandum.Finally, the parties are responsible for following the attached instructions regarding the joint trial memorandum, which the Court hereby incorporates as part of this Order. Signed by Judge Michael P. Shea on 1/3/2017. (Howard, H.) (Entered: 01/03/2017)
802017-01-04 Minute Entry for proceedings held before Judge Michael P. Shea: Status Conference held on 1/4/2017. 30 minutes (Johnson, D.) (Entered: 01/04/2017)
812017-01-05 REPLY to Response to 64 MOTION Capias, Fine and Damages re 58 Order on Motion to Quash and (Doc. 76) filed by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 01/05/2017)
822017-01-06 First MOTION to Amend/Correct Responses to Request for Admissions by Daniel Greer.Responses due by 1/27/2017 (Ward, William) (Entered: 01/06/2017)
832017-01-17 ORDER: The plaintiff's request for a capias denying 64 is denied as moot. The plaintiff's request that the court impose sanctions is denied without prejudice to the filing of a motion for contempt pursuant to Fed.R.Civ.P. 45(g). Any request for attorney's fees must be accompanied by satisfactory evidence - in addition to the attorney's own affidavit - that the requested rate is in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation. Blum v. Stenson, 465 U.S. 886, 895 n. 11 (1984). Additionally, counsel are advised that pursuant to the Federal Magistrates Act, 28 U.S.C. ยง 636(e), magistrate judges have limited civil contempt authority. Except in certain situations which do not exist here, a federal magistrate judge's role with respect to a motion for contempt is limited to certifying (or declining to certify) the facts constituting contempt. In determining whether to certify facts to the district court, the magistrate judge's role is to determine whether the moving party can adduce sufficient evidence to establish a prima facie case of contempt. Whether the conduct of a party constitutes contempt, and any sanctions to be imposed, are committed to the discretion of the district court. However, a magistrate judge may recommend that certain sanctions be imposed by the district court upon a finding of contempt. Finally, before any further motions are filed, counsel are strongly encouraged to meet and confer in a good faith attempt to resolve plaintiff's request for fees and costs without judicial intervention. Signed by Judge Donna F. Martinez on 1/17/17. (Constantine, A.) (Entered: 01/17/2017)
842017-01-18 OBJECTION re 82 First MOTION to Amend/Correct Responses to Request for Admissions filed by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 01/18/2017)
852017-01-20 MOTION for Leave to File reply to objection to amend responses to request for admissions by Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer. (Ward, William) (Entered: 01/20/2017)
862017-01-24 ORDER. A telephonic status conference is hereby ordered for January 27, 2017 at 2:00 pm regarding defendant's 82 motion to amend/correct responses to plaintiff's requests for admissions. The Court will provide the parties with the dial-in information. Signed by Judge Michael P. Shea on 1/24/2017. (Howard, H.) (Entered: 01/24/2017)
872017-01-27 MOTION to Continue oral argument and request to file written reply to objection by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer. (Ward, William) (Entered: 01/27/2017)
882017-01-27 ORDER. The Defendant's 87 Motion to Continue Oral Argument is DENIED. The telephonic status conference will proceed as scheduled at 2:00 pm. Signed by Judge Michael P. Shea on 1/27/2017. (Howard, H.) (Entered: 01/27/2017)
892017-01-27 MOTION to Withdraw Document 82 and File Amended Responses to Request for Admission by Daniel Greer. (Attachments: # 1 Exhibit)(Ward, William) (Entered: 01/27/2017)
902017-01-27 ORDER: By 2/6/17, counsel shall submit to Judge Martinez's chambers ex parte memoranda setting forth the status of the case; summarizing any efforts to resolve the litigation; stating whether a settlement conference with a Magistrate Judge is likely to be productive; and, if so, listing any scheduling conflicts. SO ORDERED. Signed by Judge Donna F. Martinez on 1/27/17. (Constantine, A.) (Entered: 01/27/2017)
912017-01-27 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 1/27/2017. 22 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 01/27/2017)
922017-01-27 ORDER. The Court hosted a telephonic status conference today at which Antonio Ponvert, attorney for the plaintiff, and William Ward, attorney for the defendants participated. At the conference, the following topics were discussed: (i) the status of discovery in the case and (ii) defendant's pending 82 , 85 , and 89 motions concerning defendant's proposed amendments to correct his responses to plaintiff's requests for admissions. With respect to discovery, both counsel indicated that discovery was substantially complete, but defense counsel indicated that the parties are still awaiting a ruling on the pending 29 motion to compel additional deposition testimony of Aviad Hack. The parties anticipate completing discovery by February 1, 2017 and complying with the other deadlines set forth in the 79 scheduling order. For the reasons stated at the status conference today, I hereby order as follows:1. Defendant's 89 motion to withdraw document 82 and file amended responses to requests for admissions is hereby GRANTED. In light of this order, defendant's 82 motion to amend/correct responses to request for admissions and 85 motion for leave to file reply to objection are hereby DENIED AS MOOT. 2. Within 14 days of this order, plaintiff's counsel shall file an affidavit setting forth fees and costs associated with (i) responding to defendant's 82 request to allow the acceptance of late responses to request for admissions and request for permission to file untimely responses, and (ii) preparing for and participating in the telephonic conference today. Plaintiff's counsel may file with the affidavit a memorandum in support of his fees and costs. Within 14 days of plaintiff's submission, defendants may file a response that either (i) avers that defendants have paid the costs and fees set forth in plaintiff's affidavit and attaches proof of such payment or (ii) avers that defendants have paid a portion of the costs and fees set forth in the plaintiff's affidavit, attaches proof of such payment, and disputes the remaining fees and costs as being unreasonable and provides a basis for such dispute. Signed by Judge Michael P. Shea on 1/27/2017. (Howard, H.) (Entered: 01/27/2017)
932017-02-03 NOTICE of Appearance by David T. Grudberg on behalf of Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc. (Grudberg, David) (Entered: 02/03/2017)
942017-02-08 MOTION for Extension of Time until March 7, 2017 Comply with Court order by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 02/08/2017)
952017-02-10 ORDER. Plaintiff's 94 motion for extension of time to comply with the Court's 92 order is hereby GRANTED. Plaintiff's counsel shall have until March 7, 2017 to comply with the Court's 92 order, and defendants shall have until March 21,2017 to submit their response to plaintiff counsel's submission as provided in the 92 order. Signed by Judge Michael P. Shea on 2/10/2017. (Howard, H.) (Entered: 02/10/2017)
962017-03-07 RESPONSE re 92 Order on Motion to Amend/Correct,,,,,,,,,, Order on Motion for Leave to File,,,,,,,,,, Order on Motion to Withdraw,,,,,,,,, filed by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 03/07/2017)
972017-03-24 ORDER Setting Hearing on Motion 29 to Compel : Motion Hearing set for 3/31/2017 at 3:30 PM in East Courtroom, 450 Main St., Hartford, CT before Judge Donna F. Martinez. (Constantine, A.) (Entered: 03/24/2017)
982017-03-27 NOTICE regarding settlement: Counsel have reported that a settlement conference is unlikely to be productive at this time. In the future, if counsel agree that such a conference will be helpful, they may request one by contacting the chambers of Judge Martinez or Judge Shea. Signed by Judge Donna F. Martinez on 3/27/17.(Martinez, Donna) (Entered: 03/27/2017)
992017-03-28 Consent MOTION for Modify Scheduling Order Order by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer (Grudberg, David) Modified filers on 3/29/2017 (LaLone, L.). (Entered: 03/28/2017)
1002017-03-29 ORDER : Due to a change in the court's calendar, oral argument is rescheduled to Tuesday 4/4/2017 at 3:45 PM in East Courtroom, 450 Main St., Hartford, CT before Judge Donna F. Martinez. (Constantine, A.) (Entered: 03/29/2017)
1012017-03-29 ORDER. Defendants' 99 consent motion to modify the scheduling order is hereby GRANTED. Motions in limine are due on or before April 10, 2017, and responses to the motion in liminie are due on or before April 25, 2017. All other aspects of the Court's 79 scheduling order remain the same. Signed by Judge Michael P. Shea on 3/29/2017. (Howard, H.) (Entered: 03/29/2017)
1022017-03-30 ORDER. A telephonic status conference is hereby ordered for April 6, 2017 at 2:30 pm. Chambers will provide counsel with dial-in information via email. Signed by Judge Michael P. Shea on 3/30/2017. (Howard, H.) (Entered: 03/30/2017)
1032017-04-04 Minute Entry. Proceedings held before Judge Donna F. Martinez: taking under advisement 29 Motion to Compel; Motion Hearing held on 4/4/2017 re 29 MOTION to Compel filed by Edgewood Village, Inc., Gan School, Inc., Yeshiva of New Haven, Inc., Daniel Greer, Edgewood Elm Village, Inc., F.O.H., Inc.. Time 34 minutes(Court Reporter FTR.) (Wood, R.) (Entered: 04/05/2017)
1042017-04-05 MOTION conduct voir dire by Eliyahu Mirlis.Responses due by 4/26/2017 (Ponvert, Antonio) (Entered: 04/05/2017)
1052017-04-05 MOTION opening statement 15 minutes by Eliyahu Mirlis.Responses due by 4/26/2017 (Ponvert, Antonio) (Entered: 04/05/2017)
1062017-04-05 ORDER. The telephonic status conference scheduled for April 6. 2017 at 2:30 pm is hereby CANCELLED. The conference will be rescheduled at a later date. Signed by Judge Michael P. Shea on 4/5/2017. (Howard, H.) (Entered: 04/05/2017)
1072017-04-10 Second MOTION to Amend/Correct Complaint by Eliyahu Mirlis.Responses due by 5/1/2017 (Attachments: # 1 Amended Complaint)(Ponvert, Antonio) (Entered: 04/10/2017)
1082017-04-10 MOTION in Limine to Preclude Forced Testimony of Daniel Greer by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc..Responses due by 5/1/2017 (Grudberg, David) (Entered: 04/10/2017)
1092017-04-10 MOTION in Limine to Limit the Scope of Testimony of Plaintiff's Expert Julian D. Ford, Ph.D. by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc..Responses due by 5/1/2017 (Grudberg, David) (Entered: 04/10/2017)
1102017-04-10 MOTION in Limine to Preclude the Use of Deposition Designations of Non-Party Witness A. Hack at Trial by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc..Responses due by 5/1/2017 (Grudberg, David) (Entered: 04/10/2017)
1112017-04-10 TRIAL MEMO JOINT by Eliyahu Mirlis Estimated trial time 4 days. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Ponvert, Antonio) (Entered: 04/10/2017)
1122017-04-10 MOTION in Limine by Eliyahu Mirlis.Responses due by 5/1/2017 (Ponvert, Antonio) (Entered: 04/10/2017)
1132017-04-11 ORDER. The Court has received the attached correspondence concerning a discovery dispute between the parties. The Court will host a telephonic conference regarding these submissions on April 14, 2017 at 10:00 am. Chambers will provide counsel with dial-in information via email. Signed by Judge Michael P. Shea on 4/11/2017. (Howard, H.) (Entered: 04/11/2017)
1142017-04-11 RESPONSE re 104 MOTION conduct voir dire filed by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc.. (Grudberg, David) (Entered: 04/11/2017)
1152017-04-11 RESPONSE re 105 MOTION opening statement 15 minutes filed by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc.. (Grudberg, David) (Entered: 04/11/2017)
1162017-04-12 ORDER. Plaintiff's 107 motion to file a second amended complaint is hereby GRANTED. Signed by Judge Michael P. Shea on 4/12/2017. (Howard, H.) (Entered: 04/12/2017)
1172017-04-12 AMENDED COMPLAINT against Daniel Greer, Yeshiva of New Haven, Inc., filed by Eliyahu Mirlis.(Ponvert, Antonio) (Entered: 04/12/2017)
1182017-04-12 ORDER. At the telephonic conference scheduled for April 14, 2017, in addition to addressing the parties' discovery dispute identified in the Courts 113 order, the Court will also address Plaintiff's objections to Defendants' witnesses -- Jean Ledbury, Moshe Siev, and J. David Bleich -- identified in Exhibit B to the parties' joint trial memorandum. (ECF No. 111-2.) For this purpose, plaintiff's counsel must email chambers with the initial disclosures and discovery responses referenced in his objections. Signed by Judge Michael P. Shea on 4/12/2017. (Howard, H.) (Entered: 04/12/2017)
1192017-04-14 ORDER. The Court held a telephonic status conference today with Antonio Ponvert, attorney for the plaintiff, and William J. Ward and David T. Grudberg, attorneys for the defendants. At the conference, the parties discussed (i) the attached correspondence concerning a discovery dispute between the parties, and (ii) the attached objections by plaintiff to defendants witnesses: Jean Ledbury, Moshe Siev, and J. David Bleich. The Court heard argument from counsel concerning those topics and for the reasons discussed on the call and identified below, hereby rules as follows:. The Court SUSTAINS plaintiff's objections to defendants' requests for productions nos. 7, 8, and 9 attached to the subpoena duces tecum issued to the plaintiff in connection with his deposition because plaintiff's counsel represented those requests would require plaintiff to create lists that do not currently exist. See Hallmark v. Cohen & Slamowitz, Midland Funding LLC, 302 F.R.D. 295, 299 (W.D.N.Y. 2014)("It is basic that in responding to a document production...a party is not required to create documents meeting the document requests only to produce documents already in existence.")(internal quotation marks and citation omitted). 2. The Court OVERRULES plaintiff's objection to defendants' request for production no. 10 attached to the same subpoena because, especially in light of the anticipated testimony of plaintiff's damages expert, as identified in his report, the request seeks relevant documents. Further, plaintiff's counsel indicated that he had no objection based on defense counsel's articulated basis for the request on the call.13. The Court SUSTAINS IN PART AND OVERRULES IN PART plaintiff's objection to defendants' request for production no. 14 attached to the subpoena. The request seeks tax returns, which, although the plaintiff is not seeking special economic damages, still likely contain some relevant information, including as to allegations in plaintiff's complaint about compromised earnings capacity and compromised ability to enjoy a normal life, and as to statements made in the report of plaintiff's damages expert as to the plaintiff's business life and sources of stress. See Fed. R. Civ. P. 26(b)(1). Nonetheless, discovery of a person's tax returns raises well-recognized privacy concerns. Accordingly, on or before April 20, 2017, plaintiff's counsel shall initially produce to defense counsel the plaintiff's Form 1040s (or their equivalent) for 2013 to the present -- whether filed individually or jointly -- but without the schedules and similar attachments. Any such documents produced by plaintiff's counsel -- and any follow-up discovery consisting of other parts of the plaintiff's tax returns the Court might later order to be produced -- shall be treated as "Attorneys' Eyes Only," i.e., defense counsel shall be prohibited from sharing such documents (or the information they contain) with their client or any other person outside defense counsels' firms. If defense counsel believe they need further discovery in connection with defendants' request no. 14, defense counsel and plaintiff's counsel shall meet and confer in good faith in an attempt to agree on the scope of any such subsequent discovery without court involvement. If the parties fail to reach an agreement concerning any subsequent discovery related to defendants' request for production no. 14, the parties shall contact chambers in accordance with the undersigned's discovery dispute instructions to resolve the dispute. 4. The Court SUSTAINS IN PART AND OVERRULES IN PART plaintiff's objection to defendants' witnesses, Jean Ledbury and Moshe Siev, identified in "Exhibit B: Defendants' Witness List and Plaintiffs Objections" (which is attached). The Court finds that these witnesses should have been disclosed earlier in initial disclosures or in responses to plaintiff's interrogatories. To the extent that defense counsel intends to call Ms. Ledbury and Mr. Siev, plaintiff's counsel will be allowed to depose these witnesses at defendants expense, i.e., defendant shall bear the costs of any such deposition of those witnesses and the reasonable attorney fees incurred in connection with those depositions. On the call, defense counsel indicated that either Mr. Siev, Ms. Ledbury, or both may be withdrawn as witnesses. Therefore, on or before April 20, 2017, defense counsel shall file a statement on the docket indicating whether they intend to withdraw either or both of such witnesses. 5. The Court SUSTAINS plaintiff's objection to defendants' witness, J. David Bleich identified in "Exhibit B: Defendants Witness List and Plaintiff's Objections" (which is attached). In short, based on the defense counsel's representation of the testimony Mr. Bleich would offer, the Court finds that the witness would be offering expert testimony or, to the extent, his testimony would pertain to relevant facts, it would be cumulative of facts that can be elicited from other witnesses. Mr. Bleich was not disclosed as an expert during the discovery period. See Fed. R. Civ. P. 26(a)(2)(A); see also Fed. R.Civ. P. 37(c)(1) ("If a party fails to...identify a witness as required under [Fed. R. Civ. P.] 26(a) or (e), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial unless the failure was substantially justified or harmless."). Further, on the telephonic conference today, defense counsel made a motion for a late disclosure of an expert as to Mr. Bleich, which the Court denied because defense counsel articulated no reason why such witness could not have been disclosed earlier. Signed by Judge Michael P. Shea on 4/14/2017. (Howard, H.) Modified on 5/1/2017 to correct punctuation error per chambers' instruction (Bozek, M.). (Entered: 04/14/2017)
1202017-04-14 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 4/14/2017. Total Time: 1 hours and 5 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 04/17/2017)
1212017-04-17 ORDER granting 29 defendants' motion to compel. See attached ruling. Signed by Judge Donna F. Martinez on 4/17/17. (Constantine, A.) (Entered: 04/17/2017)
1222017-04-25 Memorandum in Opposition re 108 MOTION in Limine to Preclude Forced Testimony of Daniel Greer filed by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 04/25/2017)
1232017-04-25 AFFIDAVIT Signed By Antonio Ponvert III filed by Eliyahu Mirlis. (Attachments: # 1 Affidavit Exhibit)(Ponvert, Antonio) (Entered: 04/25/2017)
1242017-04-25 Memorandum in Opposition re 110 MOTION in Limine to Preclude the Use of Deposition Designations of Non-Party Witness A. Hack at Trial filed by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 04/25/2017)
1252017-04-25 Memorandum in Opposition re 109 MOTION in Limine to Limit the Scope of Testimony of Plaintiff's Expert Julian D. Ford, Ph.D. filed by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 04/25/2017)
1262017-04-25 Memorandum in Opposition re 112 MOTION in Limine filed by Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc.. (Grudberg, David) (Entered: 04/25/2017)
1272017-04-28 NOTICE of Appearance by Amanda C. Nugent on behalf of Edgewood Elm Village, Inc., Edgewood Village, Inc., F.O.H., Inc., Gan School, Inc., Daniel Greer, Yeshiva of New Haven, Inc. (Nugent, Amanda) (Entered: 04/28/2017)
1282017-05-01 ORDER. A second pretrial conference is hereby scheduled for May 9, 2017 at 10:00 am. Signed by Judge Michael P. Shea on 5/1/2017. (Howard, H.) (Entered: 05/01/2017)
1292017-05-01 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Second Pretrial Conference set for 5/9/2017 10:00 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea (Johnson, D.) (Entered: 05/02/2017)
1302017-05-02 ORDER. The Court held a pretrial conference today with Antonio Ponvert, attorney for the Plaintiff, and David Grudberg, William Ward, and Amanda Nugent, attorneys for the Defendants. For the reasons discussed at the conference, the Court hereby rules as follows:1. The Court DENIES without prejudice Defendants' 108 motion in limine to preclude forced testimony of Daniel Greer. For the reasons discussed on the record, the Court will not prevent the plaintiff from calling Daniel Greer to the stand or even from asking him some questions as to which he might reasonably be expected (based on his deposition answers) to invoke his Fifth Amendment rights. Nonetheless, as discussed in more detail at the conference, this ruling is without prejudice to the Defendants' right to object to (specific) questions that may pose dangers of cumulativeness or waste of time, or may reach a point where the probative value is substantially outweighed by the danger of unfair prejudice - as in the case of repeated, leading, fact-specific questions aimed at eliciting a string of Fifth Amendment invocations. 2. The Court GRANTS IN PART AND DENIES IN PART Defendants' 109 motion in limine to limit the scope of testimony of Plaintiff's expert, Julian D. Ford, Ph.D. As discussed in more detail at the conference, the Plaintiff may not elicit on direct examination matters not covered in Dr. Ford's report or CV, including the specific topic identified by Attorney Grudberg at the conference, namely, details of or opinions about the continuing relationship between Plaintiff and Defendant Greer and the significance of that relationship, except as that topic is expressly discussed in Dr. Ford's report. 3. Plaintiffs 105 motion for opening statement is GRANTED. Each side will have no more than 15 minutes to give an opening statement.4. Plaintiffs 104 motion for voir dire is DENIED.5. At the conference, the parties informed the Court that they anticipate filing amended exhibit lists. Therefore, the parties shall file on the docket by 5:00 pm on May 5, 2017, any such amended exhibit lists and any objections to the exhibits listed therein. 6. The Court will reserve judgment on the remaining motions in limine. Signed by Judge Michael P. Shea on 5/2/2017. (Howard, H.) (Entered: 05/02/2017)
1312017-05-02 Minute Entry for proceedings held before Judge Michael P. Shea: Pretrial Conference held on 5/2/2017, Motion Hearing held on 5/2/2017 re 105 MOTION opening statement 15 minutes filed by Eliyahu Mirlis, 108 MOTION in Limine to Preclude Forced Testimony of Daniel Greer filed by Edgewood Village, Inc., Gan School, Inc., Yeshiva of New Haven, Inc., Daniel Greer, Edgewood Elm Village, Inc., F.O.H., Inc., 104 MOTION conduct voir dire filed by Eliyahu Mirlis, 109 MOTION in Limine to Limit the Scope of Testimony of Plaintiff's Expert Julian D. Ford, Ph.D. filed by Edgewood Village, Inc., Gan School, Inc., Yeshiva of New Haven, Inc., Daniel Greer, Edgewood Elm Village, Inc., F.O.H., Inc.. Total Time: 1 hours and 40 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 05/03/2017)
1322017-05-04 Proposed Exhibit List by Daniel Greer, Yeshiva of New Haven, Inc.. (Grudberg, David) (Entered: 05/04/2017)
1332017-05-05 Third MOTION to Amend/Correct Complaint by Eliyahu Mirlis.Responses due by 5/26/2017 (Attachments: # 1 Amended Complaint)(Ponvert, Antonio) (Entered: 05/05/2017)
1342017-05-05 Proposed Witness List by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 05/05/2017)
1352017-05-08 ORDER. The Plaintiff's 133 motion to file a third amended complaint is hereby GRANTED. Signed by Judge Michael P. Shea on 5/8/2017. (Howard, H.) (Entered: 05/08/2017)
1362017-05-08 AMENDED COMPLAINT Third against All Defendants, filed by Eliyahu Mirlis.(Ponvert, Antonio) (Entered: 05/08/2017)
1372017-05-09 STIPULATION Re: Life Expectancy by Eliyahu Mirlis. (Ponvert, Antonio) (Entered: 05/09/2017)
1382017-05-09 ORDER: At the pretrial conference today, the parties debated whether the plaintiff's 2013 through 2015 tax returns, which the defendants have listed as trial exhibits # 519 through # 521, are admissible in this case, in which the plaintiff is bringing tort claims against defendants arising from alleged sexual abuse of the plaintiff by the individual defendant while the plaintiff was a minor. The defendants assert that the tax returns are relevant to damages issues and, in particular, that the particular amounts of income earned by the plaintiff during the last few years are relevant to the plaintiff's overall well-being and whether he is able to enjoy normal life activities. The plaintiff makes no claim for lost earnings, lost earning capacity, or damages to his career prospects -- and Plaintiff's counsel confirmed this at the pretrial conference today. But the Third Amended Complaint alleges that, "[a]s a result of the defendants' acts and omissions, [plaintiff's] ability to engage in normal life activities has been permanently impaired and he has been and will be unable to lead and enjoy a normal life." (ECF #133-1 at 5.) I agree with the defendants that the plaintiff's level of income - and especially the fact that he has earned the income through employment and other business activities - has some relevance to whether or not the alleged abuse has impaired ability to engage in "normal life activities" and "enjoy a normal life," which, for many people, includes working and earning income. As I stated at the conference, I therefore will allow the defendants to examine the plaintiff at trial, in general, about his business activities, his ability to support himself and his family comfortably (or not), and any overall success he has had in the business world. But as I also stated at the conference, I find that going beyond those general lines of inquiry to permit evidence about the particular amount the plaintiff earned in each of the last three tax years would not add much probative value to whether or not the plaintiff's ability to enjoy a normal life had been impaired, and would raise a serious risk of allowing -- and perhaps encouraging -- the jury to consider the plaintiff's perceived wealth (or poverty) in deciding whether and to what extent to award him damages. To illustrate this point, imagine the tax returns of two separate plaintiffs who have suffered the same emotional harm, who work similar hours under similar conditions in the same field, who both support their families, and who have attained similar levels of seniority. For reasons of geography or the identity of the particular employer or for other reasons, however, the first plaintiff in the hypothetical makes $50,000 per year and the second makes $500,000 per year. Assume also that both plaintiffs were making the same damages claim as the plaintiff in this case, i.e., an impaired ability to engage in normal life activities. In that scenario, there would, I think, be a real risk that the two juries who considered the respective tax returns of the two plaintiffs might reach very different conclusions about damages (if they found liability), not because they found a material difference between the two in the ability to engage in "normal life activities," but instead because one made what many in our society would consider an average income and the other made an income that was associated with wealthy or very wealthy persons. I find that the same danger exists in this case, and I do not think it is a danger that can be safely eliminated through curative instructions. I therefore sustain the plaintiff's objection to admission of the tax returns under Fed. R. Evid. 403. However, as noted, the defendants will be allowed to elicit information about the plaintiff's business, general socioeconomic status (e.g., does he own his own home? does he own a car? does he take vacations with his family?), ability to support himself and his family, and general ability to finance "normal life activities." Further, the tax returns may become admissible if the door is opened (for example, if the plaintiff testifies that his ability to advance in his career has been impaired) or for impeachment purposes. Finally, nothing in this ruling affects the order I issued today at the pretrial conference requiring the plaintiff to supplement his production of the tax returns, because, as discussed, the defendants may need such supplemental information to determine the extent of the plaintiff's work activities (as opposed to those, for example, of his wife), his contribution to the family's overall economic well-being, the overall success of his business, and the like. Signed by Judge Michael P. Shea on 5/9/2017. (Howard, H.) (Entered: 05/09/2017)
1392017-05-09 ORDER. The Court held a second pretrial conference today with Antonio Ponvert, attorney for the Plaintiff, and David Grudberg, William Ward, and Amanda Nugent, attorneys for the Defendants. For the reasons discussed at the conference, the Court hereby rules as follows:1. Plaintiff's Motion in Limine No. I to preclude evidence, reference, inference, or argument concerning other allegedly harmful people, events or behaviors in the plaintiff's life and any alleged causal relationship between such people, events and behaviors and injuries asserted in the complaint is DENIED. 2. Plaintiff's Motion in Limine No. II to preclude evidence, reference, inference or argument concerning any alleged contributory negligence by the plaintiff's parents when the plaintiff was a minor is GRANTED in part and DENIED in part. The defendants may not argue that contributory negligence by the plaintiff's parents caused his injuries. The Defendants may elicit evidence, however, about the actions of the parents insofar as they are relevant to background, causation, or damages. The Plaintiff may submit an appropriate limiting instruction for the Court.3. Plaintiff's Motion in Limine No. III to preclude evidence, reference, inference, or argument concerning any alleged contributory negligence by the plaintiff is GRANTED in part and DENIED in part. The defendants may not argue that contributory negligence by the plaintiff caused his injuries. The Defendants may elicit evidence, however, about the actions of the plaintiff insofar as they are relevant to background, causation, or damages. The Plaintiff may submit an appropriate limiting instruction for the Court. 4. Plaintiff's Motion in Limine No. IV to preclude evidence, reference, inference, or argument that would engender sympathy for the Defendants is DENIED without prejudice to plaintiffs ability, at the trial, to raise specific objections concerning any attempts by defendants to elicit evidence about the charitable nature of the school or the like. 5. Plaintiff's Motion in Limine No. VI to preclude evidence, reference, inference, or argument concerning witness Aviad Hacks alleged sexual relationships with others is GRANTED based on defense counsel's representations at the pretrial conference that their objection to this motion has been withdrawn.6. Plaintiff's Motion in Limine No. VII to preclude evidence, reference, inference, or argument concerning the plaintiffs visits or invitations to defendant Greer during the months and years after the sexual assaults is DENIED.7. As discussed at the conference, by close of business today (6 pm), Plaintiff shall supplement the production of his tax returns by providing to defense counsel the plaintiffs W-2s, including schedules C and E to defendants' exhibits 519 -521 (for the years set forth in those exhibits). Such production shall be subject to confidential treatment as set forth in the Court's 119 order. 8. The Court reserves ruling at this time on the remaining motions in limine: Defendants' (ECF No. 110) motion in limine to preclude the use of deposition designations of non-party witness Aviad Hack and Plaintiff's motion in limine to preclude evidence, reference, inference or argument concerning the alleged efforts of the plaintiff and witness Aviad Hack to extort or to abuse process to obtain money, property power or other things of value from Defendant Greer. Signed by Judge Michael P. Shea on 5/9/2017. (Howard, H.) (Entered: 05/09/2017)
1402017-05-09 MOTION Punitive Damages by Eliyahu Mirlis.Responses due by 5/30/2017 (Attachments: # 1 Exhibit)(Ponvert, Antonio) (Entered: 05/09/2017)
1412017-05-09 AFFIDAVIT Signed By Antonio Ponvert III filed by Eliyahu Mirlis. (Attachments: # 1 Exhibit)(Ponvert, Antonio) (Entered: 05/09/2017)
1422017-05-09 ANSWER to 136 Amended Complaint Third by Daniel Greer.(Nugent, Amanda) (Entered: 05/09/2017)
1432017-05-09 ANSWER to 136 Amended Complaint Third by Yeshiva of New Haven, Inc..(Nugent, Amanda) (Entered: 05/09/2017)
1442017-05-10 ORDER. The Court's ruling on the deposition designations is set forth in the attached. Signed by Judge Michael P. Shea on 5/10/2017. (Howard, H.) (Entered: 05/10/2017)
1452017-05-10 ORDER. Plaintiff seeks leave of the Court to introduce several designations from the deposition of non-party Aviad Hack on the basis that Mr. Hack is an unavailable witness under Federal Rule of Civil Procedure 32(a)(4). Plaintiff has provided an affidavit to the Court in support of his argument. Plaintiff's exhibits to his affidavits indicate that Plaintiff's process server attempted to serve the witness in multiple states --Rhode Island and Connecticut --on multiple occasions: 4/24/17 at 11:39 am and 6:12 pm, 5/1/2017 at 10:00 am, and 05/9/ 2017 at 9:50 am. (ECF No. 141-1 at 2-6.) In the attempted service on May 1, 2017, the process server indicates that he waited "2 hours" and "was [still] unable to make service on [the] witness." (Id. at 9.) Furthermore, plaintiff's counsel contacted the witness's counsel to see if he would accept service for his client. (Id. at 11.) Witness's counsel never responded to plaintiff counsel's offer. Under Fed. Rule Civ. P. 32(a)(4)(D), a party may use a deposition in a court proceeding for any purpose if the court finds that "the party offering the deposition has been unable to procure the attendance of the witness by subpoena." Fed. R. Civ. P. 32(a)(4)(D). "Implicit in this rule is an obligation to use reasonable diligence to secure the witness's presence, and the district court has broad discretion to determine whether the proponent has satisfied this requirement." Thomas v. Cook County Sheriff's Dept., 604 F.3d 293, 308 (7th Cir. 2010). I conclude that Plaintiff's multiple attempts in multiple states at different times to serve witness Aviad Hack both through the process server and through an alternate arrangement of contacting witness's counsel satisfies this requirement. See id. (finding reasonable diligence standard met "after two subpoenas, a show cause order, numerous phone calls, and a search by a private investigator"); In re Dwek, No. 07-11757, 2010 WL 4918974, at *1 (Bankr. D.N.J. Nov. 24, 2010)(finding reasonable diligence standard met where "the trustee attempted to serve the witness with a subpoena to appear by using a process server on six different occasions."); Betker v. City of Milwaukee, 22 F. Supp. 3d 915, 925 (E.D. Wis. 2014)(at trial, plaintiff established witness's unavailability by "call[ing] his process server, Les Johns, who testified that he had attempted to serve Capol on nine different occasions on four or five different dates..."). Based on the foregoing, the Court concludes that Aviad Hack is an "unavailable witness" for the purposes of Fed. R. Civ. P. 32(a)(4)(D). Signed by Judge Michael P. Shea on 5/10/2017. (Howard, H.) (Entered: 05/10/2017)
1462017-05-10 ORDER. Plaintiff's No. V motion in limine to preclude evidence, reference, inference, or argument concerning the alleged efforts of the plaintiff and witness Aviad Hack to extort or to abuse process to obtain money, property, power, or other things of value from Defendant is GRANTED in part and DENIED in part. As stated on the record today prior to jury selection, Defendants may elicit testimony from Mr. Greer regarding authenticating documents, such as the quitclaim deed, and other corporate documents regarding the potential change of control at the Yeshiva school reportedly shown to Aviad Hack at Aviad Hack's deposition. And, as indicated on the record today, Defendants may call Mr. Greer for this limited purpose during Defendants' case even if Mr. Greer has already testified. Defendants, however, may not elicit testimony from Mr. Greer on the subjects of extortion or change of control at the Yeshiva school. With respect to the Defendants' (ECF No. 110) motion in limine to preclude the use of deposition designations of non-party witness Aviad Hack, the Court's 145 rulings on Hack's availability and 144 deposition designation address the substance of this motion and a separate ruling is not warranted. However, should Mr. Hack become available to testify live, the parties shall notify the Court immediately. Signed by Judge Michael P. Shea on 5/10/2017. (Howard, H.) (Entered: 05/10/2017)
1472017-05-09 Minute Entry for proceedings held before Judge Michael P. Shea: 2nd Pretrial Conference held on 5/9/2017. Total Time: 2 hours and 10 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 05/11/2017)
1482017-05-10 Minute Entry for proceedings held before Judge Michael P. Shea: Jury Selection held on 5/10/2017. Jury Trial set for 5/11/2017 09:00 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea Total Time: 2 hours and 5 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 05/11/2017)
1492017-05-11 Minute Entry for proceedings held before Judge Michael P. Shea: Jury Trial held on 5/11/2017. Jury Trial Continued Until 5/15/17. Total Time: 5 hours and 10 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 05/11/2017)
1502017-05-12 Proposed Jury Instructions by Daniel Greer, Yeshiva of New Haven, Inc.. (Nugent, Amanda) (Entered: 05/12/2017)
1512017-05-15 Minute Entry for proceedings held before Judge Michael P. Shea: Jury Trial held on 5/15/2017. Jury Trial Continued Until 5/16/17. Total Time: 5 hours and 10 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 05/16/2017)
1522017-05-16 Proposed Jury Instructions by Eliyahu Mirlis. (Johnson, D.) (Entered: 05/16/2017)
1532017-05-17 COURT'S Jury Instructions. (Johnson, D.) (Entered: 05/17/2017)
1542017-05-16 Minute Entry for proceedings held before Judge Michael P. Shea: Jury Trial held on 5/16/2017. Charge Conference held. Jury Trial Continued Until 5/17/17. Total Time: 1 hours and 44 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 05/17/2017)
1552017-05-17 Minute Entry for proceedings held before Judge Michael P. Shea: Jury Trial held on 5/17/2017. Jury Trial Continued Until 5/18/17. Total Time: 3 hours and 5 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 05/19/2017)
1562017-05-18 Minute Entry for proceedings held before Judge Michael P. Shea: Jury Trial completed on 5/18/2017. Total Time: 1 hours(Court Reporter Marshall.) (Johnson, D.) (Entered: 05/22/2017)
1572017-05-18 JURY VERDICT with foreperson's signature redacted for Plaintiff against Defendants in the amount of $15,000,000. (Johnson, D.) (Entered: 05/22/2017)
1582017-05-18 Unredacted document with FOREPERSON'S SIGNATURE Access to the pdf document is restricted pursuant to Federal Rule of Civil Procedure 5.2(e). (Johnson, D.) (Entered: 05/22/2017)