Case Details

CourtSouthern District of New York
Docket number7:11-cv-01037
Date case filed2011-02-15
Date case closed
Date of latest filing2011-09-07
Assigned toJudge Edgardo Ramos
Case cause15:1692 Fair Debt Collection Act
Nature of suit480 Consumer Credit
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Elizabeth Coble
Party type: Plaintiff
Attorney name: Peter Thomas Lane
Attorney Contact:
Schlanger & Schlanger, LLP
343 Manville Road,
Pleasantville, NY 10570
914-946-1981
Fax: 914-946-2930
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Daniel Adam Schlanger
Attorney Contact:
Schlanger & Schlanger, LLP
343 Manville Road,
Pleasantville, NY 10570
(914)-946-1981
Fax: (914)-946-2930
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Milagros Harper
Party type: Plaintiff
On behalf of herself and all others similarly situated
Attorney name: Daniel Adam Schlanger
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Gary E. Klein
Attorney Contact:
Klein Kavanagh Costello, LLP
85 Merrimac St., 4th Floor
Boston, MA 02111
(617)-357-5500
Fax: (617)-357-5030
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Dennis Harper
Party type: Plaintiff
On behalf of himself and all others similarly situated
Attorney name: Daniel Adam Schlanger
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Gary E. Klein
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Cohen & Slamowitz, LLP
Party type: Defendant
Attorney name: Leandre' M. John
Attorney Contact:
Cohen & Slamowitz, LLP
199 Crossways Park Drive P.O.b. 9004
Woodbury, NY 11797-9004
(516) 364-6006
Fax: (516)364-2715
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Thomas Arthur Leghorn
Attorney Contact:
Wilson Elser Moskowitz Edelman & Dicker LLP (NY)
150 East 42nd Street
New York, NY 10017
212-490-3000
Fax: 212-490-3038
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: David Cohen
Party type: Defendant
Esq.
Attorney name: Leandre' M. John
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Thomas Arthur Leghorn
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Mitchell Slamowitz
Party type: Defendant
Esq.
Attorney name: Leandre' M. John
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Thomas Arthur Leghorn
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Leandre John
Party type: Defendant
Esq.
Attorney name: Leandre' M. John
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Thomas Arthur Leghorn
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Cryatal S.A. Scott
Party type: Defendant
Esq.
Attorney name: Leandre' M. John
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Thomas Arthur Leghorn
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-02-15 ComplaintCOMPLAINT against David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz. (Filing Fee $ 350.00, Receipt Number 927002)Document filed by Dennis Harper, Milagros Harper, Elizabeth Coble.(fk) (Entered: 02/16/2011)
22011-02-15 OrderORDER: This case has been assigned to J. Frederick Motz. Judge Motz is a District Judge in the District of Maryland, sitting by designation in the White Plains Division of the Southern District of New York, for the purpose of managing cases that would have been assigned to Judge Stephen Robinson until Judge Robinson's successor is appointed. If a motion to dismiss is filed in this action, Judge Motz will decide whether a hearing should be held. If so, the hearing will be by teleconference or videoconference. Judge Motz willbe in contact with counsel to arrange the teleconference or videoconference.When answer(s) have been filed, Judge Motz will issue a tentative scheduling order (using the form he ordinarily uses) and schedule a telephone conference with counsel to discuss the tentative order. If you have any questions, you should contact Judge Motz's judicial assistant, Mary Ellen Claypoole. Her telephone number is 410-962-0782. Courtesy copies of all papers filed in excess of 15 pages should be sent to Ms. Claypoole at the following address: U.S. District Court, Suite 51 0, 101 West Lombard Street, Baltimore, MD 21201. (Signed by Judge J. Frederick Motz on 2/15/2011) (fk) (Entered: 02/16/2011)
32011-05-09 Notice of Case Assignment/ReassignmentNOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge J. Frederick Motz is no longer assigned to the case. (laq) (Entered: 05/09/2011)
42011-05-20 Notice of AppearanceNOTICE OF APPEARANCE by Leandre' M. John on behalf of David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz (John, Leandre') (Entered: 05/20/2011)
52011-06-03 Stipulation and OrderSTIPULATION AND ORDER: Defendants' time to answer or otherwise respond to the complaint is extended through and including June 24, 2011. SO ORDERED. David Cohen answer due 6/24/2011; Cohen & Slamowitz, LLP answer due 6/24/2011; Leandre John answer due 6/24/2011; Cryatal S.A. Scott answer due 6/24/2011; Mitchell Slamowitz answer due 6/24/2011. (Signed by Judge Vincent L. Briccetti on 6/3/2011) (lnl) (Entered: 06/06/2011)
62011-06-06 Motion to Appear Pro Hac ViceMOTION for Gary Klein to Appear Pro Hac Vice. Document filed by Dennis Harper, Milagros Harper. $25.00 fee paid. Receipt # 7000749.(fk) (Entered: 06/07/2011)
72011-06-07 Notice of AppearanceNOTICE OF APPEARANCE by Thomas Arthur Leghorn on behalf of David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz (Leghorn, Thomas) (Entered: 06/07/2011)
82011-06-13 Order on Motion to Appear Pro Hac ViceORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE, granting 6 Motion for Gary Klein to Appear Pro Hac Vice on behalf of plaintiffs. (Signed by Judge Vincent L. Briccetti on 6/13/2011) (lnl) (Entered: 06/13/2011)
92011-06-24 Motion to DismissMOTION to Dismiss. Document filed by David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz. Responses due by 7/26/2013(Leghorn, Thomas) (Entered: 06/24/2011)
102011-06-24 Memorandum of Law in Support of MotionMEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss.. Document filed by David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Leghorn, Thomas) (Entered: 06/24/2011)
10.1 Exhibit A
10.2 Exhibit B
112011-07-06 Stipulation and OrderSTIPULATION AND ORDER:IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the respective parties as follows: Plaintiffs' time to respond to Defendants' Motion to Dismiss is hereby extended to August 8,2011. The Plaintiffs' response was originally due July 8,2011. There have been no previous arguments on this deadline. Plaintiffs seek this first extension due tot he press of other cases and no and to accommodate planned vacations of some of Plaintiffs' counsel. ( Responses due by 8/8/2011) (Signed by Judge Vincent L. Briccetti on 7/6/2011) (rj) (Entered: 07/07/2011)
122011-08-08 Memorandum of Law in Opposition to MotionFIRST MEMORANDUM OF LAW in Opposition re: 9 MOTION to Dismiss.. Document filed by Elizabeth Coble. (Schlanger, Daniel) (Entered: 08/08/2011)
132011-09-06 Stipulation and OrderSTIPULATION AND ORDER: Defendants' time to respond to Plail1liffs' Opposition to the Defendants' Motion to Dismiss is hereby extended to September 7, 2011. ( Responses due by 9/7/2011) (Signed by Judge Vincent L. Briccetti on 9/6/2011) (fk) (Entered: 09/07/2011)
142011-09-07 Reply Memorandum of Law in Support of MotionREPLY MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss.. Document filed by David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz. (Leghorn, Thomas) (Entered: 09/07/2011)
152011-10-31 MEMORANDUM DECISION denying 9 Motion to Dismiss. For the foregoing reasons, the Court DENIES defendants' motion to dismiss the complaint (Doc. #9). The Clerk is instructed to terminate this motion. (Signed by Judge Vincent L. Briccetti on 10/31/2011) (mml) (Entered: 10/31/2011)
162011-10-31 NOTICE OF INITIAL COURT CONFERENCE: Initial Case Management and Scheduling Conference set for 11/28/2011 at 10:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) (Entered: 11/01/2011)
172011-11-10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cohen & Slamowitz, LLP.(Leghorn, Thomas) (Entered: 11/10/2011)
182011-11-10 ANSWER to 1 Complaint. Document filed by David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz.(Leghorn, Thomas) (Entered: 11/10/2011)
192011-11-28 CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. sec 636(c). The parties are free to withhold consent without adverse substantive consequences. This case is to be tried to a jury. All discovery shall be completed by 90 days after outcome of class cert. motion. Amended Pleadings due by 1/1/2012. Joinder of Parties due by 11/15/2012. Case Management Conference set for 7/10/2012 at 09:30 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 11/28/2011) (rj) (Entered: 11/29/2011)
202011-12-12 AFFIDAVIT OF SERVICE of Amended Complaint served on Thomas A. Leghorn, Esq. on December 12, 2011. Service was made by Mail. Document filed by Elizabeth Coble. (Schlanger, Daniel) (Entered: 12/12/2011)
212011-12-09 AMENDED COMPLAINT amending 1 Complaint against David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz with JURY DEMAND.Document filed by Dennis Harper, Milagros Harper, Elizabeth Coble. Related document: 1 Complaint filed by Milagros Harper, Dennis Harper, Elizabeth Coble. (Attachments: # 1 Exhibit 1)(fk) (Entered: 12/13/2011)
21.1 Exhibit 1
222011-12-20 ANSWER to 21 Amended Complaint,. Document filed by David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz.(Leghorn, Thomas) (Entered: 12/20/2011)
232012-01-06 NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Vincent L. Briccetti is no longer assigned to the case. (sjo) (Entered: 01/06/2012)
242012-01-26 NOTICE OF CHANGE OF ADDRESS by Gary E. Klein on behalf of Elizabeth Coble, Dennis Harper, Milagros Harper. New Address: Klein Kavanagh Costello, LLP, 85 Merrimac St., 4th Floor, Boston, Massachusetts, USA 02114, 617-357-5500. (Klein, Gary) (Entered: 01/26/2012)
252012-02-16 NOTICE OF CHANGE OF ADDRESS by Thomas Arthur Leghorn on behalf of David Cohen, Cohen & Slamowitz, LLP, Mitchell Slamowitz. New Address: Wilson Elser Moskowitz Edeman & Dicker LLP, 150 East 42nd Street, New York, NY, USA 10017, 212-490-3000. (Leghorn, Thomas) (Entered: 02/16/2012)
262012-05-14 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute (including discovery dispute) * discovery dispute concerning records production. Referred to Magistrate Judge George A. Yanthis. (Signed by Judge Edgardo Ramos on 5/14/2012) (lnl) (Entered: 05/14/2012)
272012-05-25 ENDORSED LETTER addressed to Judge Edgardo Ramos from Daniel A. Schlanger dated 5/23/2012 re: All parties request that the deadline for conducting non expert depositions, currently set for June 1, 2012 e extended until 60 days after Magistrate Judge Yanthis decides the discovery dispute. ENDORSEMENT: This application is Granted. Deadline for conducting non expert depositions is extended to September 15, 2012., (Non Expert Deposition due by 9/15/2012.) (Signed by Judge Edgardo Ramos on 5/24/2012) (rj) (Entered: 05/25/2012)
282012-05-25 ENDORSED LETTER addressed to Judge Edgardo Ramos from Daniel A. Schlanger, dated 5/23/2012, re: Counsel for the plaintiffs, with co-counsel Klein, Kavanagh, Costelo, LLP writes on behalf of all parties to request that the deadline for conduction non-expert depositions, currently set for June 1st, be extended until 60 days after Magistrate Judge Yanthis decides the discovery dispute. ENDORSEMENT: The application is granted. Deadline for conducting non-expert depositions is extended to September 15, 2012. (Deposition due by 9/15/2012) (Signed by Judge Edgardo Ramos on 5/24/2012) (lnl) (Entered: 05/25/2012)
292012-06-01 NOTICE OF CHANGE OF ADDRESS by Peter Thomas Lane on behalf of Elizabeth Coble. New Address: Schlanger & Schlanger, LLP, 343 Manville Road, Pleasantville, New York, United State 10570, 914-946-1981. (Lane, Peter) (Entered: 06/01/2012)
302012-07-06 ENDORSED LETTER addressed to Judge Edgardo Ramos from Gary Klein, dated 7/2/2012, re: Counsel for the plaintiffs writes on behalf of all parties to request an extension of additional deadlines consistent with the prior extension of the deadlines consistent with the prior extension of the deadlines for non-expert deposition and in light of the parties' ongoing discovery processes. The applicable deadlines, with proposed rescheduled deadlines are as follows: Expert Depositions: 1/10/2013; Joinder of additional parties: 3/1/2013; Motion for Class Certification: 2/11/2013; Opposition to Motion for Class Certification: 3/11/2013; Reply to Opposition to Motion for Class Certification: 4/1/2013. ENDORSEMENT: The application is granted. (Expert Deposition due by 1/10/2013. Joinder of Parties due by 3/1/2013. Motions due by 2/11/2013. Responses due by 3/11/2013. Replies due by 4/1/2013.) (Signed by Judge Edgardo Ramos on 7/5/2012) (lnl) (Entered: 07/06/2012)
312012-08-13 CONSENT PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Edgardo Ramos on 8/13/2012) (lnl) (Entered: 08/13/2012)
322012-09-18 ENDORSED LETTER addressed to Judge Edgardo Ramos from Gary Klein dated 9/14/2012 re: Plaintiffs counsel on behalf of all parties to request that the deadline for conducting non-expert depositions, currently set for September 10, 2012 be extended for 60 days from today's date to allow for plaintiffs' deposition of the defendant, including both witness depositions and depositions pursuant to Fed. R. Civ. P. 30(b)(6). ENDORSEMENT: The application is Granted. (Signed by Judge Edgardo Ramos on 9/18/2012) (rj) (Entered: 09/18/2012)
332012-11-05 ENDORSED LETTER addressed to Judge Edgardo Ramos from Daniel Schlanger dated 11/5/2012 re: Counsel writes to request an extension of time for non-expert depositions to January 17, 2013. ENDORSEMENT: The application is granted. (Non-Expert Depositions due by 1/17/2013.) (Signed by Judge Edgardo Ramos on 11/5/2012) (mml) (Entered: 11/07/2012)
342012-11-28 ENDORSED LETTER addressed to Judge Edgardo Ramos from Daniel A. Schlanger dated 11/6/2012 re: Counsel submits this letter regarding Plaintiffs motion for leave to amend the complaint. ENDORSEMENT: Pre-motion conference is scheduled for Dec. 4, 2012 at 11:00 am. Opposing counsel to state position in writing (not to exceed 3 pages) by Nov. 30, 2012. (Pre-Motion Conference set for 12/4/2012 at 11:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 11/28/2012) (Attachments: # 1 Proposed Second Amended Complaint)(mml) (Entered: 11/29/2012)
34.1 Proposed Second Amended Complaint
352013-01-04 MOTION to Amend/Correct The Complaint. Document filed by Elizabeth Coble.(Lane, Peter) (Entered: 01/04/2013)
362013-01-04 DECLARATION of Daniel A. Schlanger, Esq. in Support re: 35 MOTION to Amend/Correct The Complaint.. Document filed by Elizabeth Coble. (Lane, Peter) (Entered: 01/04/2013)
372013-01-04 MEMORANDUM OF LAW in Support re: 35 MOTION to Amend/Correct The Complaint.. Document filed by Elizabeth Coble. (Lane, Peter) (Entered: 01/04/2013)
382013-01-08 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION to Amend/Correct 35 MOTION to Amend/Correct The Complaint. (To Include Unredacted Exhibit D To Previously Filed Attorney Declaration). Document filed by Elizabeth Coble. (Attachments: # 1 Exhibit D (unredacted))(Lane, Peter) Modified on 1/9/2013 (ldi). (Entered: 01/08/2013)
392013-01-10 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge George A. Yanthis. (Signed by Judge Edgardo Ramos on 1/10/2013) (rj) (Entered: 01/10/2013)
402013-01-10 DECLARATION of Daniel A. Schlanger, Esq. in Support re: 35 MOTION to Amend/Correct The Complaint.. Document filed by Elizabeth Coble. (Lane, Peter) (Entered: 01/10/2013)
412013-01-24 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Thomas A. Leghorn, dated 1/23/2013, re: Counsel to the defendants writes to seek to adjust the 12/4/2012 briefing schedule by adjourning the dates for opposition and reply papers by one week; as follows: Opposition papers due February 1, 2013; and reply papers due February 22, 2013. Plaintiffs' counsel has consented to this request. ENDORSEMENT: Application Granted. So Ordered. (Responses due by 2/1/2013. Replies due by 2/22/2013.) (Signed by Magistrate Judge George A. Yanthis on 1/24/2013) (lnl) (Entered: 01/25/2013)
422013-02-01 DECLARATION of Thomas A. Leghorn in Opposition re: 38 FIRST MOTION to Amend/Correct 35 MOTION to Amend/Correct The Complaint. (To Include Unredacted Exhibit D To Previously Filed Attorney Declaration).FIRST MOTION to Amend/Correct 35 MOTION to Amend/Correct The Complaint. (To Include Unredacted Exhibit D To Previously Filed Attorney Declaration)., 35 MOTION to Amend/Correct The Complaint.. Document filed by David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz. (Attachments: # 1 Exhibit, # 2 Exhibit)(Leghorn, Thomas) (Entered: 02/01/2013)
432013-02-01 MEMORANDUM OF LAW in Opposition re: 38 FIRST MOTION to Amend/Correct 35 MOTION to Amend/Correct The Complaint. (To Include Unredacted Exhibit D To Previously Filed Attorney Declaration).FIRST MOTION to Amend/Correct 35 MOTION to Amend/Correct The Complaint. (To Include Unredacted Exhibit D To Previously Filed Attorney Declaration)., 35 MOTION to Amend/Correct The Complaint.. Document filed by David Cohen, Cohen & Slamowitz, LLP, Leandre John, Cryatal S.A. Scott, Mitchell Slamowitz. (Leghorn, Thomas) (Entered: 02/01/2013)
442013-03-01 REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Amend/Correct The Complaint.. Document filed by Elizabeth Coble. (Lane, Peter) (Entered: 03/01/2013)
452013-03-01 REPLY AFFIRMATION of Peter T. Lane, Esq. in Support re: 35 MOTION to Amend/Correct The Complaint.. Document filed by Elizabeth Coble. (Lane, Peter) (Entered: 03/01/2013)
462013-04-02 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Daniel A. Schlanger, dated 3/28/2013, re: Counsel along with co-counsel, Klein, Kavanaugh, Costello, LLP represents Plaintiffs in the above referenced class action, brought under the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. ("FDCPA") and state laws. The parties jointly request that the telephone conference currently scheduled for 9:15 a.m. on 4/4/2013 be rescheduled for 9:15 a.m. on 4/9 or 4/12. ENDORSEMENT: Application Granted. Telephone conference rescheduled for 4/9/2013 at 9:15 a.m. So Ordered. (Telephone Conference set for 4/9/2013 at 09:15 AM before Magistrate Judge George A. Yanthis) (Signed by Magistrate Judge George A. Yanthis on 4/2/2013) (lnl) (Entered: 04/02/2013)
472013-04-10 ORDER: Before the Court is a discovery dispute concerning plaintiffs' discovery demand for the personal income tax returns of defendants David Cohen and Mitchell Slamowitz for the years 2009 - 2012. Plaintiffs asserts that the tax returns are relevant to substantiate the net worth of said defendants. In class actions under the Fair Debt Collection Practices Act recoverable damages are limited to the lesser of $500,000 or 1% of the debt collector's net worth. See 15 U.S.C. § 1692k(a)(2)(B)(ii). Plaintiffs contend that defendants Cohen and Slamowitz are debt collectors personally involved in the collection of the accounts at issue herein. Defendants set forth that they have offered to provide net worth statements prepared by accountants and sworn to be said defendants. Defendants also contend that said defendants were not personally involved in the collection of the debt; and that disclosure of sensitive tax returns should not be required given their offer to provide sworn net worth statements. The Court concludes that plaintiffs have made a sufficient threshold showing that defendant Cohen and defendant Slamowitz were personally involved in the collection of the accounts herein. As such, the net worth of said defendants would be relevant to the issue of recoverable class damages. See Miller v. Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP, No. CV 10-2156, 2011 WL 6105033, at *2 (E.D.N.Y. Dec. 7,2011). However, net worth discovery of individual defendants is often provided by less intrusive means than income tax returns. Simon v. Williams & Fudge, Inc., No. 07 Civ. 2856, 2008 WL 268294, at *1(SDNY Jan. 28, 2008) (sworn affidavits stating net worth including balance sheets listing assets and liabilities ordered for punitive damages discovery); see Sabatelli v. Allied Interstate, Inc., No. 05-32-5, 2006 WL 2620385 (S.D.N.Y. Sept. 13, 2006); Collins v. City of New York, 222 F.R.D. 249, 254 (S.D.N.Y. 2004). Accordingly, the Court directs defendant Cohen and defendant Slamowitz to provide net worth statements prepared by licensed accountants and sworn to be said defendants for the years requested by plaintiffs. The Court will give plaintiffs leave to renew their request for the tax returns if upon a review of the net worth statements they can demonstrate a compelling need for the same. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 4/9/2013) (lnl) (Entered: 04/10/2013)
482013-04-10 MEMORANDUM DECISION AND ORDER: The proposed amendments, therefore, are barred by the Rooker-Feldman doctrine. Accordingly, because the proposed amendments would be futile, plaintiffs' motion to amend is DENIED. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 4/9/2013) (SEE ORDER AS SET FORTH) (lnl) (Entered: 04/10/2013)
492013-04-22 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Daniel A. Schlanger, dated 4/22/2013, re: Counsel writes on behalf of all parties to inform the Court of recent developments and to request extension of several deadlines in light of same. The Defendants have served Plaintiff with a class-wide Offer of Judgment. Because the issues surrounding acceptance or rejection of the OOJ are complex in a class case (e.g., the OOJ makes no reference to any non-monetary relief notice to the class, disbursement of funds, the scope of release, etc., all of which would be subject to Court approval under Fed. R. Civ. P. Rule 23), the parties wish to explore a settlement that would, potentially, take the OOJ as a starting point, and flesh out the other material aspects of a class-wide resolution, with a view toward submitting a proposed settlement to the Court for approval. In order to facilitate this, the parties have agreed to hold the OOJ in abeyance until 5/24/13. The parties also request an extension with regard to any potential objections to Your Honors ruling on Plaintiff's motion to amend, so that settlement discussions can be continued and hopefully concluded. Specifically. Plaintiff contends that it is entitled to object to the ruling pursuant to Fed R. Civ. P. 72. and requests that its deadline to do so be extended up to and including 5/24/13. Defendants do not concede Plaintiff's right to object, but stipulate that, to the extent that plaintiff has the ability to object, counsel for Defendants does not object to extending the time for such objection, if any until May 24 2013. Finally, the parties request that all remaining discovery, including expert discovery, be held in abeyance until 5/25/13, again to facilitate settlement and avoid incurring additional attorneys fees. The parties have agreed to utilize the services of Judge Stephen Crane at JAMS, to facilitate their efforts to resolve this case. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 4/22/2013) (lnl) (Entered: 04/22/2013)
502013-05-24 MOTION to Set Aside 48 Order, Motion To Set Aside Magistrate's Decision And Order Dated 4/10/13 Pursuant To Fed. R. Civ. P. 72(a). Document filed by Elizabeth Coble.(Schlanger, Daniel) (Entered: 05/24/2013)
512013-05-24 MEMORANDUM OF LAW in Support re: 50 MOTION to Set Aside 48 Order, Motion To Set Aside Magistrate's Decision And Order Dated 4/10/13 Pursuant To Fed. R. Civ. P. 72(a).. Document filed by Elizabeth Coble. (Attachments: # 1 Exhibit 1 (Magistrate's Decision And Order Dated 4/10/13), # 2 Exhibit 2 (Proposed Second Amended Complaint))(Schlanger, Daniel) (Entered: 05/24/2013)
51.1 Exhibit 1 (Magistrate's Decision And Order Dated 4/10/13)
51.2 Exhibit 2 (Proposed Second Amended Complaint)