| | due for 4/7/97 for Jeffrey E. Epstein( signed by Judge Denny Chin ).(kg)(Entered:04/03/1997) |
| 04/08/1997 | 12 | ANSWER to Complaint by Jeffrey E. Epstein(Attorney Steven J.Cohen)(pl)(Entered:04/03/1997) |
| 04/08/1997 | 13 | ANSWER by Ivan Fisher(Attorney G.Robert Gage Jr.)to amended complaint;jury demand ;Firm of:Gage Buschmann & Pavlis by attorney G.Robert Gage Jr.for defendant Ivan Fisher(ls)(Entered:04/09/1997) |
| 04/09/1997 | 13 | COUNTERCLAIM by Ivan Fisher against USA(ls)(Entered:04/09/1997) |
| 04/09/1997 | 13 | CROSSCLAIM by Ivan Fisher against Jeffrey E.Epstein(ls)(Entered:04/09/1997) |
| 05/01/1997 | 14 | STIPULATION and ORDER,extending time for deft Jeffrey E.Epstein to respond to deft Ivan S.Fisher's cross-claim,Response to crossclaim deadline set for 5/13/97(signed by Judge Chin).(kg)(Entered:05/01/1997) |
| 05/14/1997 | 15 | ANSWER by Jeffrey E.Epstein to[13-1]cross claim of defendant Ivan S.Fisher.(ae)(Entered:05/15/1997) |
| 06/28/1997 | 24 | REPLY MEMORANDUM of LAWby USA re:in Support of its Motion for Partial Summary Judgment and for other Relief(djc)(Entered:07/31/1997) |
| 07/14/1997 | 16 | Rule 56.1(a)statement filed by Jeffrey E.Epstein(pl)(Entered:07/16/1997) |
| 07/14/1997 | 17 | MEMORANDUM by Jeffrey E.Epstein in opposition to the Governments' motion for partial summary judgment(pl)(Entered:07/16/1997) |
| 07/14/1997 | 18 | AFFIDAVIT in opposition of Jeffrey A.Schantz Re:Plaintiff's motion for partial summary judgment(pl)(Entered:07/16/1997) |
| 07/14/1997 | 19 | MEMORANDUM by Ivan Fisher in opposition to Governments' motion for Partial Summary Judgement(pl)(Entered:07/16/1997) |
| 07/14/1997 | 20 | Rule 56.1(b)statement filed by Ivan Fisher(pl)(Entered:07/16/1997) |
| 07/14/1997 | 21 | AFFIDAVIT in opposition of Ivan S.Fisher(pl)(Entered:07/16/1997) |
| 07/28/1997 | 22 | MEMORANDUM of LAWby USA in support of its Motion for Partial Summary Judgment and other Relief(djc)(Entered:07/31/1997) |
| 07/28/1997 | 23 | SUPPLEMENTAL DECLARATION of Serene K.Nakano(djc)(Entered:07/31/1997) |
| 07/28/1997 | 25 | NOTICE OF MOTION by USA for summary judgment,purs to Rule 56(b)of the FRCP dismissing the counterclaims of defendant Ivan S.Fisher against the Government for declaratory relief and purs to Rule 65 of the FRCP directing defendants Jeffrey E.Epstein and Fisher to pay into a |
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| | Court fund within thirty days of decision on this motion monies for the use and benefits of the premises known as 34 East 69th Street, NY, in the amount of $15,000.00 per month from August 23, 1996 until the date that this action is finally determined, Return date 7/28/97; w. Rule 5.6.1 Statement and Declarations(djc) Modified on 07/31/1997(Entered:07/31/1997) |
| 10/10/1997 | 26 | ORDER, reset discovery due for 12/5/97;reset pretrial conference for10:00 12/5/97(signed by Judge Denny Chin);Copies mailed(cd)(Entered:10/14/1997) |
| 11/12/1997 | 27 | Filed Memo-Endorsement on letter to Judge Chin from Steven J.Cohen dated11/10/97;the objection to production of the entire lease is overruled;Mr.Epstein shall produce the entire lease;if he wants,production of the lease can be subject to a reasonable confidentiality stipulation and order;( signed by Judge Denny Chin )(ls)(Entered:11/12/1997) |
| 12/23/1997 | 28 | SECOND AMENDED COMPLAINT by USA(Answer due 1/5/98for Ivan Fisher, for Jeffrey E. Epstein)amending[5-1]amended complaint against Ellyn Bank,Debra Elisa Cohen,Diane Fisher,Fisher & Soffer, D.Gerzog,Robert Heilbrun,Suzanne McDermott,Christopher H.Martin,Jessie Siegel,Siegel,Martin,Ron Soffer,Carmen Talsig,John Does1-10,X Corporations1-10;Summons issued.(sac)(Entered:12/30/1997) |
| 01/05/1998 | 29 | Filed Memo-Endorsement on letter dated12/30/97from Ellen J.Casey,granting parties request for additional time,until1/7/98to submit the additional legal authorities and discovery materials(signed by Judge Denny Chin)(kw)Modified on01/07/1998(Entered:01/06/1998) |
| 01/13/1998 | 30 | STIPULATION and ORDER,reset answer to Second Amended Complaint due for2/2/98for Jeffrey E.Epstein(signed by Judge Denny Chin).(emil)(Entered:01/14/1998) |
| 01/20/1998 | 31 | Affidavit of service of Second Amended Complaint as to Ellyn Bankby personal service on1/10/98;Answer to Second Amended Complaint due on1/30/98for Ellyn Bank(ae)(Entered:01/22/1998) |
| 01/20/1998 | 31 | Affidavit of service of Second Amended Complaint as to Debra Elisa Cohen by Mr.Searson,Doorman on1/2/98;Answer to Second Amended Complaint due on1/22/98for Debra Elisa Cohen(ae)(Entered:01/22/1998) |
| 01/20/1998 | 31 | Affidavit of service of Second Amended Complaint as to D Gerzog by Pat Bowles,Secretary,authorized to accept service on1/5/98;Answer to Second Amended Complaint due on1/26/98for D Gerzog(ae)(Entered:01/22/1998) |
| 01/20/1998 | 31 | Affidavit of service of Second Amended Complaint as to Robert Heilbrunby Pat Bowles,Secretary,authorized to accept service on1/5/98;Answer to Second Amended Complaint due on1/26/98for Robert Heilbrun(ae)(Entered:01/22/1998) |
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| | amended complaint(ae)(Entered:03/09/1998) |
| 03/05/1998 | 37 | CROSSCLAIMS by Jeffrey E. Epstein against Ivan Fisher(ae)(Entered:03/09/1998) |
| 03/09/1998 | 38 | STIPULATION and ORDER,reset answer to second amended complaint due for2/27/98for Jeffrey E.Epstein,for Ivan Fisher,for Ellyn Bank,for Debra Elisa Cohen,for Diane Fisher,for Fisher & Soffer,for Robert Helbrun,for Suzanne McDermott,for Christopher H.Martin,for Jessie Siegel,for Siegel,Martin,for Ron Soffer,for Carmen Talsig,for John Does 1-10,for X Corporations 1-10(signed by Judge Denny Chin)(ae)(Entered:03/10/1998) |
| 03/09/1998 | 39 | Filed Memo-Endorsement on letter by Serene K.Nakano to Judge Chin dated2/24/98,reset Government's motion for summary judgment filing deadline for3/13/98(signed by Judge Denny Chin)(ae)(Entered:03/10/1998) |
| 03/16/1998 | 40 | ANSWER by Ivan Fisher,Fisher&Soffer(Attorney Eileen J.Casey)to amended complaint;by attorney Eileen J.Casey for defendant Fisher&Soffer(djc)(Entered:03/20/1998) |
| 03/16/1998 | 40 | AMENDED COUNTERCLAIM by Ivan Fisher:amending[13-1]counter claim(djc)(Entered:03/20/1998) |
| 03/16/1998 | 40 | AMENDED CROSSCLAIM by Ivan Fisher,Jeffrey E.Epstein[37-1]cross claim(djc)(Entered:03/20/1998) |
| 03/20/1998 | 41 | ANSWER by Ivan Fisher to[37-1]cross claim;Firm of:Gage&Pavlis(cd)(Entered:03/24/1998) |
| 03/24/1998 | 42 | STIPULATION and ORDER,answer to the second amended complaint due for3/16/98for Fisher&Soffer,for Diane Fisher(signed by Judge Denny Chin)(cd)(Entered:03/25/1998) |
| 04/01/1998 | 43 | NOTICE OF MOTION by USA for an order,purs.to Rule56(a),granting summary judgment on the second cause of action of the second amended complaint as against defts Diane Fischer d/b/a The Fischer Group and Rom Soffer;Return date4/20/98.Declaration in support attached.(sac)(Entered:04/02/1998) |
| 04/01/1998 | 44 | MEMORANDUM by USA in support of[43-1]motion for an order,purs.to Rule56(a),granting summary judgment on the second cause of action of the second amended complaint as against defts Diane Fischer d/b/a The Fischer Group and Rom Soffer(sac)(Entered:04/02/1998) |
| 04/01/1998 | 45 | ANSWER by Jeffrey E.Epstein to[13-1]cross claim;by attorney Steven J.Cohen for cross-defendant Jeffrey E.Epstein(sac)(Entered:04/02/1998) |
| 04/01/1998 | 46 | MEMORANDUM OPINION#80385,the Government's motion for summary judgment on its claim for ejection is granted as to Epstein,Fisher,and all of the Subtenants(Signed by Judge Denny Chin);Copies mailed.(emil)(Entered:04/03/1998) |
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| 04/09/1998 | 47 | Filed Memo-Endorsement on letter to Judge Chin from Serene K. Nakano dated 04/02/98, the Court having already found in its March 31, 1998 decision that(a) the rights of deendant Ron Soffer to possession and occupancy of the premises known as 34 East 69th Street, NY, NY, can be no greater than those of defendant Ivan S. Fisher and(b) good and valid reasons exist for the Soffer ejectment motion to be decided prior to the April 20, 1998 return date of the motion, defendant Ron Soffer shall appear before the Hon. Denny Chin, United States District Judge, United States Courthouse, 500 Pearl Street, Courtroom 11A on April 10, 1998 at 9:30 a.m., to show cause why summary judgment should not be granted on the Government's second claim alleged against him in the second amended complaint, which seeks an order(a) declaring that he is not entitled to occupy the premises; and(b) ejecting him from the premises; service of a copy of this memorandum endorsement shall be made by the Government on defendant Ron Soffer by telecopying a copy to his attention at and by sending a copy by Federal Express or overnight mail to the attention of Mr. Soffer at 34 East 69th Street, NY, NY as soon as it is received by counsel for the Government(signed by Judge Denny Chin)(djc)(Entered:04/13/1998) |
| 04/09/1998 | 49 | CERTIFICATE OF SERVICE by USA re 4/7/98, memorandum endorsement(cd)(Entered:04/14/1998) |
| 04/10/1998 | 48 | ORDER that the prior orders of this Court dated 12/17/97 and 12/31/97 ordering an interest-bearing escrow account for the deposit of certain monies by defens Jeffrey E. Epstein and Ivan S. Fisher are modified to the extent that Fisher is ordered to deposit the sum of $15,000.00 per month to the Clerk of the Court by the 10th day of each month until the date that this action is finally determined(signed by Judge Denny Chin); Copies mailed.Sent to Cashier's Office on 4/14/98.(emil)(Entered:04/14/1998) |
| 05/21/1998 | 50 | ORDER,Fisher seeks a stay of entry of judgment pending appeal of my ruling to the United States Court of Appeals for the Second Circuit.Considering the factors set forth in this order in light of the facts of this case I conclude that a stay is not warranted here,for Fisher has not met the"difficult burden"of proving that a stay is warranted.Accordingly,the Court will enter judgment against Fisher today,and the request for a stay pending appeal to the Second Circuit is hereby denied,except that the Government must give Fisher until July 15,1998 to vacate the premises.Any request for a further stay must be made to the Second Circuit.Although I had set a trial date of August 24,1998,the trial is adjourned without date.The parties shall submit letters addressing whether they prefer to try the issue of valuation and the claims betw.Fisher and Epstein now or whether they prefer to await resolution of the appeal of my March 31,1998 decision.In addition,the parties shall address the issue of whether the cross claims betw.Epstein and Fisher should be severed from the Government's claims.(signed by Judge Denny Chin);Copies mailed(djc) Modified on 05/26/1998(Entered:05/22/1998) |
| 05/22/1998 | 51 | ORDER & JUDGMENT;it is ordered,adjudged and decreed that the |
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| | Jessie Siegel, Siegel, and Martin. (Attorney Robert Heilbrun) (kw)(Entered: 08/11/1998) |
| 08/26/1998 | 64 | ORDER, set pretrial conference for 10:00 a.m. on 10/23/98; The parties shall have 60 days from the date of this order to complete discovery. The deadline for submission of the joint pretrial order is adjourned. A new deadline for submission of the joint pretrial order will be set at the October 23, 1998 conference. The Government's request for an adjournment of the trial on damages until after the resolution of Fisher's appeal to the Second Circuit will be decided at the October 23, 1998 conference; The Government's response to motion reset to 9/14/98 for [60-1] motion for an order granting summary judgment, pursuant to Rule 56 of the FRCP. Gerzog may submit his reply, if any, within 10 days thereafter; Upon consent, the Court's escrow order is hereby amended as set forth in the Government's August 13, 1998 letter. (signed by Judge Denny Chin); Copies mailed (djc)(Entered: 08/27/1998) |
| 09/15/1998 | 65 | Rule 56.1 statement filed by USA (djc)(Entered: 09/16/1998) |
| 09/15/1998 | 66 | MEMORANDUM of LAW by USA in opposition to [60-1] motion for an order granting summary judgment, pursuant to Rule 56 of the FRCP(djc)(Entered: 09/16/1998) |
| 09/18/1998 | 67 | SEALED DOCUMENT placed in vault(kb)(Entered: 09/18/1998) |
| 09/22/1998 | 68 | Certificate of service of Second Amended S&C as to Ivan Fisher, Diane Fisher, Fisher & Soffer by Ellen J. Casey, atty, on 12/23/97(sac)(Entered: 09/23/1998) |
| 09/22/1998 | 68 | Certificate of service of Second Amended S&C as to Jeffrey E. Epstein by Steven Cohen, atty, on 12/23/97(sac)(Entered: 09/23/1998) |
| 09/24/1998 | 69 | NOTICE of attorney appearance for Debra Elisa Cohen by Ellen Yaroshefsky (ls)(Entered: 09/28/1998) |
| 10/09/1998 | 70 | Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals:[54-1] appeal by Ivan Fisher on October 9, 1998.(dt)(Entered: 10/09/1998) |
| 10/14/1998 | 71 | Filed Memo-Endorsement on letter to Judge Chin from Ellen Yaroshefsky dated 10/8/98; counsel for Dera Cohen requests that the Court permit the adjournment of Ms. Cohen's deposition beyond the current discovery cutoff date. I have reviewed this letter; the Govt's letter of today; and Ms. Yarostefsky's 2d letter of today, the request for an adjournment of Ms. Cohen's deposition is denied;(signed by Judge Denny Chin )(ls)(Entered: 10/15/1998) |
| 10/19/1998 | 72 | ORDER, the Court has received Ron Sofer's letter of 9/24/98.Mr. Sofer is a named defendant in this action. If he wishes to be dismissed from the case, he may make either a motion to dismiss or a motion for summary judgment, w/o out a promotion conference (signed by Judge Denny Chin ); Copies mailed(ae)(Entered: 10/19/1998) |
| 10/22/1998 | 73 | ANSWER by Debra Elisa Cohen to the Second amended complaint;by |
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| | attorney Ellen Yaroshefsky.(bw)(Entered:10/23/1998) |
| 11/09/1998 | 74 | MANDATE OF USCA(certified copy)Re:Dismissed[54-1] appeal by Ivan Fisher.It is ordered that the appeal be,and it hereby is dismissed. (98-6133)Carolyn Clark Campbell,Cler,USCA.(as)(Entered:11/09/1998) |
| 02/03/1999 | 75 | STIPULATION AND ORDER,the parties agree to settle and compromise this action on the terms indicated herein.All monies deposited by the defendants with the Cashier's Office of the USDC for the SDNY in this action,including all principal and interest accrued thereon are released to the Government.The Cashier's office shall issue a check for the full amount of the escrowed monies made payable to U.S.Attorney and shall deliver the check to the U.S.Atorney's Office,c/o AUSA Serene K.Nakano.The United States Dept of State shall keep the security deposit of Jeffrey E.Epstein in the principal amount of $12,000.00,plus all interest accrued thereon;Upon the release of the escrowed monies set forth in this order and the delivery of the certified check set forth herein,the Government will file an order of dismissal with the Court dismissing the action against all defendants except Diane Fisher d/b/a The Fisher Group with prejudice and without costs,disbursement or attorney's fees.(signed by Judge Denny Denny.On page 8 of order remark from cashiers'office states:Received check no.492385 dated01/29/99in the amount of$335,526.17payable to USA by Manuel Bermadez;Also received check no.492386 dated01/29/99in the amount of$19,844.35payable to USA by Manuel Mermadez.(djc)Modified on02/04/1999(Entered:02/04/1999) |
| 03/09/1999 | 76 | Transcript of record of proceedings before Judge Chin filed for dates of1/12/99(Is)(Entered:03/15/1999) |
| 03/17/1999 | 77 | Order of dismissal;that this action is hereby dismissed with prejudice against all defendants,except defendant Diane Fisher d/b/a/the FisherGroup("Ms.Fisher"),and without costs,disbursements or attorney's fees.Upon the application of plaintiff United States of America,its claims against Ms.Fisher are dismissed without prejudice.(signed by JudgeDennyChin)(pl)(Entered:03/18/1999) |
| 03/17/1999 | | Case closed(pl)(Entered:03/18/1999) |
| 08/12/1999 | 78 | SEALED DOCUMENT placed in vault(kb)(Entered:08/12/1999) |