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CLOSED¶
U.S. District Court¶
United States District Court for the Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:96-cv-08307-DC¶
USA Epstein, et al¶
Assigned to: Judge Denny Chin¶
Demand: $0¶
Cause: 28:1345 USA Plaintiff¶
| Date Filed: 11/04/1996 |
| Date Terminated: 03/17/1999 |
| Jury Demand: Defendant |
| Nature of Suit: 230 Rent Lease & Ejectment |
| Jurisdiction: U.S. Government Plaintiff |
Plaintiff¶
United States of America¶
represented by M. Chinta Gaston¶
MARY JO WHITE¶
U.S. Attorney for SDNY¶
100 Church Street¶
19th Floor¶
New York, NY 10007¶
LEAD ATTORNEY¶
| Defendant |
| Jeffrey E. Epstein |
represented by Steven J Cohen¶
Wachtel & Masyr, LLP¶
110 East 59th Street¶
New York, NY 10022¶
LEAD ATTORNEY¶
| Defendant |
| Ivan Fisher |
| represented by | Eileen J. Casey
Gage Buschmann & Pavlis¶ 120 West 45th Street¶ New York, NY 10036 |
LEAD ATTORNEY¶
G. Robert Gage, Jr.¶
Gage Buschmann & Pavlis¶
120 West 45th Street¶
New York, NY 10036¶
LEAD ATTORNEY¶
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Counter Claimant¶
Ivan Fisher¶
represented by G. Robert Gage, Jr.¶
(See above for address)¶
LEAD ATTORNEY¶
Counter Defendant¶
United States of America¶
represented by M. Chinta Gaston¶
(See above for address)¶
LEAD ATTORNEY¶
Cross Claimant¶
Ivan Fisher¶
represented by G. Robert Gage, Jr.¶
(See above for address)¶
LEAD ATTORNEY¶
Cross Defendant¶
Jeffrey E. Epstein¶
represented by Steven J Cohen¶
(See above for address)¶
LEAD ATTORNEY¶
Defendant¶
Ellyn Bank¶
Defendant¶
Debra Elisa Cohen¶
represented by Ellen Yaroshefsky¶
Clayman & Rosenberg¶
305 Madison Avenue, Ste. 1301¶
New York, NY 10165¶
Email: ellen@clayro.com¶
LEAD ATTORNEY¶
Defendant¶
Diane Fisher¶
doing business as¶
The Fisher Group¶
Defendant¶
Fisher & Soffer¶
also known as¶
Fisher & Sophir¶
represented by Eileen J. Casey¶
(See above for address)¶
LEAD ATTORNEY¶
Defendant¶
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D. Gerzog¶
Defendant¶
Robert Heilbrun¶
represented by Robert Heilbrun¶
Siegel & Heilbrun¶
575 Madison Avenue¶
New York, NY 10022¶
LEAD ATTORNEY¶
Defendant¶
Suzanne McDermott¶
Defendant¶
Christopher H. Martin¶
represented by Robert Heilbrun¶
(See above for address)¶
LEAD ATTORNEY¶
Defendant¶
Jessie Siegel¶
also known as¶
Jesse Siegel¶
| represented by | Robert Heilbrun
(See above for address)¶ LEAD ATTORNEY |
Defendant¶
Siegel, Martin & Heilbrun¶
represented by Robert Heilbrun¶
(See above for address)¶
LEAD ATTORNEY¶
Defendant¶
Ron Soffer¶
Defendant¶
Carmen Tausik¶
TERMINATED: 08/06/1998¶
Defendant¶
John Does 1 through 10¶
Defendant¶
X Corporations 1 through 10¶
Jeffrey E. Epstein¶
Cross Claimant¶
represented by Steven J Cohen¶
(See above for address)¶
LEAD ATTORNEY¶
Cross Defendant¶
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Ivan Fisher¶
represented by¶
G. Robert Gage, Jr.¶
(See above for address)¶
LEAD ATTORNEY¶
| Date Filed | # | Docket Text |
|---|---|---|
| 11/04/1996 | 1 | COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ WAIVED (USA). (ricm) (Entered: 11/06/1996) |
| 11/04/1996 | Magistrate Judge Ellis is so Designated. (ricm) (Entered: 11/06/1996) | |
| 01/24/1997 | 2 | STIPULATION and ORDER, by and between parties reset answer due for 2/3/97 for Ivan Fisher ... So Ordered... ( signed by Judge Denny Chin ). (pl) (Entered: 01/27/1997) |
| 01/31/1997 | 3 | WAIVER OF SERVICE Returned Executed as to Ivan Fisher mailed on 12/3/96 Answer due on 2/3/97 for Ivan Fisher (ls) (Entered: 02/05/1997) |
| 02/11/1997 | 4 | Affidavit of service as to Jeffrey E. Epstein by Walter Doulin, co-worker on 1/31/97 Answer due on 2/20/97 for Jeffrey E. Epstein (ls) (Entered: 02/13/1997) |
| 02/11/1997 | 4 | Affidavit of service as to Jeffrey E. Epstein by mail on 2/1/97 Answer due on 2/21/97 for Jeffrey E. Epstein (ls) (Entered: 02/13/1997) |
| 02/11/1997 | 5 | AMENDED COMPLAINT by USA , (Answer due 2/24/97 for Ivan Fisher, for Jeffrey E. Epstein ) amending [1-1] complaint ; Summons issued. (ls) (Entered: 02/13/1997) |
| 02/24/1997 | 6 | Affidavit of service of Amended Complt. and Amended Summons as to Ivan Fisher by Federal Express on 2/11/97 Answer due on 3/3/97 for Ivan Fisher (ls) (Entered: 02/24/1997) |
| 02/26/1997 | 7 | Affidavit of service of the amended s/c as to Jeffrey E. Epstein by Federal Express to Steven Cohen, Esq. on 2/13/97. Answer due on 3/5/97 for Jeffrey E. Epstein. (lam) Modified on 02/26/1997 (Entered: 02/26/1997) |
| 03/07/1997 | 8 | STIPULATION, extending time for deft Ivan Fisher to answer the Amended Complaint is extended from 2/28/97 to 4/7/97 , reset answer due for 4/7/97 for Ivan Fisher ( signed by Judge Denny Chin ). (kg) (Entered: 03/07/1997) |
| 03/07/1997 | 9 | STIPULATION and ORDER, Extending defendant's time to answer, move or otherwise respond to the Amended Complaint, Reset answer due for 3/26/97 for Jeffrey E. Epstein. SO ORDERED: ( signed by Judge Denny Chin ). (ae) (Entered: 03/11/1997) |
| 03/10/1997 | 10 | Affidavit of service as to Jeffrey E. Epstein by Michelle Heapy on 2/27/97 and by mail on 2/28/97. (kw) (Entered: 03/11/1997) |
| 04/03/1997 | 11 | STIPULATION and ORDER, extending time for deft Jeffrey E. Epstein to answer to the Amended Complaint is extended to 4/7/97 , reset answer |
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| 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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| 01/20/1998 | 31 | Affidavit of service of Second Amended Complaint as to Suzanne McDermott by personal service on 1/10/98; Answer to Second Amended Complaint due on 1/30/98 for Suzanne McDermott (ae) (Entered: 01/22/1998) |
|---|---|---|
| 01/20/1998 | 31 | Affidavit of service as to Jessie Siegel by Pat Bowles, Secretary, authorized to accept service on 1/5/98; Answer to Second Amended Complaint due on 1/26/98 for Jessie Siegel (ae) (Entered: 01/22/1998) |
| 01/20/1998 | 31 | Affidavit of service of Second Amended Complaint as to Siegel, Martin by Pat Bowles, Secretary, authorized to accept service on 1/5/98; Answer to Second Amended Complaint due on 1/26/98 for Siegel, Martin (ae) (Entered: 01/22/1998) |
| 01/20/1998 | 31 | Affidavit of service of Second Amended Complaint as to Ron Soffer by Pat Bowles, Secretary, authorized to accept on 1/5/98; Answer to Second Amended Complaint due on 1/26/98 for Ron Soffer (ae) (Entered: 01/22/1998) |
| 01/20/1998 | 31 | Affidavit of service of Second Amended Complaint as to Carmen Talsig by Pat Bowles, Secretary, authorized to accept service on 1/5/98; Answer to Second Amended Complaint due on 1/26/98 for Carmen Talsig (ae) (Entered: 01/22/1998) |
| 01/22/1998 | 32 | STIPULATION and ORDER, reset answer to second amended complaint due for 1/30/98 for Fisher & Soffer, for Diane Fisher, for Ivan Fisher (signed by Judge Denny Chin). (djc) Modified on 01/23/1998 (Entered: 01/23/1998) |
| 02/04/1998 | 35 | ORDER, that the Clerk of the Court shall establish an interest-bearing account (the "account") and that payment of any funds tendered pursuant to or in accord with this order shall be deposited by the Clerk of the Court into the account and that the Clerk of the Court shall maintain the account until such further order of this Court. Send $225,000.00 to Texas Chris acct. (signed by Judge Denny Chin); Copies mailed; copy of docmt sent to Cashiers office (djc) (Entered: 02/23/1998) |
| 02/06/1998 | 33 | Transcript of record of proceedings before Judge Chin filed for dates of December 17, 1997 (bm) (Entered: 02/06/1998) |
| 02/19/1998 | 34 | MEMORANDUM DECISION, I will enter a protective order that does not contain Proposed Paragraph 7(c). The Government may not use confidential information produced in discovery pursuant to the protective order for any purpose other than prosecuting this lawsuit, absent further order of the Court ( signed by Judge Denny Chin ); Copies mailed (ae) Modified on 02/23/1998 (Entered: 02/20/1998) |
| 02/24/1998 | 36 | PROTECTIVE ORDER, regarding procedures that will govern the handling of confidential information ( signed by Judge Denny Chin ); Copies mailed (also docketed in 97cv1489) (cd) Modified on 02/25/1998 (Entered: 02/25/1998) |
| 03/05/1998 | 37 | ANSWER by Jeffrey E. Epstein (Attorney Steven J. Cohen) to second |
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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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| Government's motion for partial summary judgment as to (a) its first claim alleged in its second amended complaint and (b) the counterclaims of defs Ivan S. Fisher and Fisher & Soffer a/k/a Fisher & Sophir alleged in their answer to the second amended complaint (the "Fisher counterclaim"), is granted in all respects. The Soffer ejectement motion is granted as against deft Ron Soffer. Defs Jeffrey E. Epstein, Ivan S. Fisher, Ellyn Bank, Debra Elisa Cohen, Diane Fisher d/b/a The Fisher Group, Fisher & Soffer a/k/a Fisher & Sophir, D. Gerzog, Robert Heilburn, Suzanne McDermott, Christopher H. Martin, Jessie Siegel a/k/a Jesse Siegel, Siegel, Martin & Heilbrun, Ron Soffer, and Carmen Tausig are not entitled to occupy the premises known as 34 East 69th, N.Y., N.Y. 10021. The Government is hereby awarded exclusive possession of the premises purs. to the Foreign Missions Act, 22 U.S.C. 4301 et seq. The occupants shall vacate the premises on or before 7/15/98 at 5:00 p.m. and deliver all keys to the premises on or before 7/15/98 at 5:00 p.m., to the U.S. Atty's Office. The foregoing constitutes the order of the court purs. to rule 54(b) of the FRCP partially adjudicating the claims of the parties before this Court. The Court finds that there is no just reason for delay in entering judgment on the Government's claims for ejection and with respect to the issues of possession of the premises, for these claims and issues are separate and distinct from the issues remaining in the case (although there would be some overlap in the proof). Specifically, I find that a delay in the entry of judgment could result in possible injustice, as defts right to have the ability now to appeal from my 3/31/98 decision, for their right to possession of the promises is at stake. As they are being ejected from their home (in Fisher's case) and office, they should have the right to seek review promptly. The remaining claims involve money damages only. (signed by Judge Denny Chin); Mailed copies and notice of right to appeal. (sac) Modified on 05/27/1998 (Entered: 05/26/1998) | ||
|---|---|---|
| 05/22/1998 | Case closed (sac) (Entered: 05/26/1998) | |
| 05/22/1998 | Memo endorsed on motion, granting, per opinion dated 3/31/98, [43-1] motion for an order, purs. to Rule 56(a), granting summary judgment on second cause of action of the second amended complaint as against defts Diane Fischer d/b/A The Fischer Group and Rom Soffer (signed by Judge Denny Chin); Copies mailed. (djc) Modified on 05/29/1998 (Entered: 05/27/1998) | |
| 05/22/1998 | Memo endorsed on motion, doc. #25; motion granted per opinion dated 3/31/98 (signed by Judge Denny Chin); Copies mailed. (kw) (Entered: 05/27/1998) | |
| 05/22/1998 | Case reopened. CASE CLOSED IN ERROR. (dcap) (Entered: 08/28/1998) | |
| 05/29/1998 | 52 | Letter filed by USA to Judge Chin dated 12/31/97, re: in response to (a) the citations by defendants Jeffrey E. Epstein and Ivan S. Fisher to the testimony of witnesses whose depositions were taken after the submission of the Government's motion for partial summary judgment; and (b) the Court's invitation to the parties to supplement the record and |
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| their memorandum of law concerning any further legal authorities (ae) (Entered: 06/01/1998) | ||
|---|---|---|
| 05/29/1998 | 53 | Letter filed by Ellen J. Casey o/b/o Ivan Fisher to Judge Chin dated 17/98, re; in response to the government's motion for partial summary judgment (ae) (Entered: 06/01/1998) |
| 06/05/1998 | 54 | NOTICE OF APPEAL by Ivan Fisher ; from [51-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Serene K. Nakano, Esq., fee pd., $105.00, rec # 317761 (as) (Entered: 06/08/1998) |
| 07/06/1998 | 55 | ORDER, pltff shall file and serve any opposition by 7/10/98; and deft shall file and serve her reply, if any, by 7/15/98 (signed by Judge Denny Chin); Copies mailed. (kg) (Entered: 07/07/1998) |
| 07/08/1998 | 56 | Filed Memo-Endorsement on letter by David Wikstrom to Judge Chin dated 7/15/98, counsel for defendant Ivan Fisher, requests a conference before the Court some time this week in connection with this case, and in particular with the 7/15 deadline for ejection set forth in the Court's judgment of 5/20; Fisher may file a Rule 60(b) motion w/o a pre-motion conference. He shall do so as soon as possible. The Government need not respond until directed to by the Court ; In addition, if Mr. Wikstrom is substituting for Gage & Parlis, he should submit the proper papers. If he is appearing as co-counsel, he should file a notice of appearance ( signed by Judge Denny Chin ) (ae) Modified on 07/09/1998 (Entered: 07/09/1998) |
| 07/10/1998 | 57 | DECLARATION in opposition by Serene K. Nakano for pltff USA re the motion by deft Suzanne McDermott for summary jdgmt. (ls) (Entered: 07/10/1998) |
| 07/10/1998 | 58 | GOVTS MEMORANDUM OF LAW by USA in opposition to motion of deft Suzanne McDermott for partial summary jdgmt. (ls) (Entered: 07/10/1998) |
| 07/27/1998 | 59 | RETURN OF SERVICE executed as to Forcible eviction on 7/16/98. Order left at residence. Tenants moved out & took their personal belongings. (sac) (Entered: 07/28/1998) |
| 08/04/1998 | 60 | NOTICE OF MOTION by D. Gerzgog for an order granting summary judgment, pursuant to Rule 56 of the FRCP ; affirmation in support is attached. (kw) (Entered: 08/05/1998) |
| 08/04/1998 | 61 | MEMORANDUM by D. Gerzgog in support of [60-1] motion for an order granting summary judgment, pursuant to Rule 56 of the FRCP. (kw) (Entered: 08/05/1998) |
| 08/06/1998 | 62 | NOTICE of dismissal of complaint against defendant Carmen Tausik, purs to Rule 41(a)(1) of the FRCP; Plaintiff United States of America hereby dismisses the second amended complaint as against defendant Carmen Tausik (signed by Judge Denny Chin) (djc) (Entered: 08/06/1998) |
| 08/11/1998 | 63 | ANSWER to Complaint by Robert Heilbrun, Christopher H. Martin, |
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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) |
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| Transaction Receipt | |||
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| PACER Login: | du4480 | Client Code: | |
| Description: | Docket Report | Search Criteria: | 1:96-cv-08307-DC |
| Billable Pages: | 8 | Cost: | 0.64 |
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