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: 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: 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
Attorney name: William J. Ward
Attorney Contact:
(See above for address)
LEAD ATTORNEY 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
Attorney name: William J. Ward
Attorney Contact:
(See above for address)
LEAD ATTORNEY 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
Attorney name: William J. Ward
Attorney Contact:
(See above for address)
LEAD ATTORNEY 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
Attorney name: William J. Ward
Attorney Contact:
(See above for address)
LEAD ATTORNEY 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)
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)