This case was last updated from PACER on 10/02/2018 at 07:14:22 (UTC).

Fratelli Italiani, LLC v. Mironova

Case Summary

On 08/03/2018 Fratelli Italiani, LLC filed a Government Benefit - Government Benefit Recovery lawsuit against Mironova. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is Colleen McMahon. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-07013

  • Filing Date:

    08/03/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Government Benefit - Government Benefit Recovery

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Colleen McMahon

 

Party Details

Plaintiff

Fratelli Italiani, LLC

Defendant

Tatiana Mironova

Attorney/Law Firm Details

Plaintiff Attorneys

Darren R. Marks

Attorney at Borah, Goldstein, Altschuler ,Nahins, & Goidel, P.C.

377 Broadway, 6Th Floor

New York, NY 10013

Brian Dale Graifman

Attorney at Borah, Goldstein, Altschuler ,Nahins, & Goidel, P.C.

377 Broadway, 6Th Floor

New York, NY 10013

Defendant Attorneys

Gavin Michael Strube

Attorney at Wilson Elser Moskowitz Edelman & Dicker LLP

1133 Westchester Avenue

White Plains, NY 10604

Mitchell Aaron Nathanson

Attorney at Wilson Elser Moskowitz Edelman & Dicker LLP (Garden City)

666 Old Country Rd., 602

Garden City, NY 11530

 

Court Documents

1 #1

Exhibit Exhibit A: Summons with Notice

#1

(#20) FIRST MOTION to Amend/Correct #1 Notice of Removal, . Document filed by Tatiana Mironova.(Strube, Gavin) (Entered: 09/27/2018)

1 #2

Exhibit Exhibit B: Proposed Order to Show Cause With Supporting Papers

1 #4

Exhibit Exhibit D: Underlying Federal Judgment

1 #3

Exhibit Exhibit C: Signed Order to Show Cause

#2

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gavin Michael Strube to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reasons: SIMILAR CASE INFORMATION WAS OMITTED FROM THE CIVIL COVER SHEET; PREVIOUSLY FILED CASE NUMBER MUST BE ENTERED ON THE FIRST PAGE OF THE CIVIL COVER SHEET. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) (Entered: 08/06/2018)

#3

(#3) CIVIL COVER SHEET filed. (Strube, Gavin) (Entered: 08/06/2018)

#4

(#4) ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must appear for a conference on 9/28/2018 in courtroom 24A, 500 Pearl Street, New York, New York 10007 at 11:00 a.m. Initial Conference set for 9/28/2018 at 11:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/14/2018) (mml) (Entered: 08/15/2018)

#5

(#5) NOTICE OF APPEARANCE by Mitchell Aaron Nathanson on behalf of Tatiana Mironova. (Nathanson, Mitchell) (Entered: 08/21/2018)

#23

(#23) ORDER DENYING MOTION TO REMAND, IMPOSING STANDSTILL ON BOTH PARTIES PENDING DISCOVERY AND BRIEFING, AND SETTING DISCOVERY SCHEDULE AND BRIEFING SCHEDULE denying #11 Motion to Remand to State Court. IT IS THEREFORE ORDERED THAT: 1. Plaintiffs Motion to Remand to State Court (Docket No. 11) is denied; and 2. Pending adjudication on the Motion for Attachment, (a) Plaintiff may not dispose of or encumber, by any lien, pledge, assignment or otherwise, any of the assets purchased from the domestic limited liability company, Piatti Italiani, pursuant to the asset purchase agreement dated July 29, 2015, or from entering into any agreement to do the same; and (b) Defendant and her agents may not take any action to enforce the Miranova Judgement against Plaintiff, but nothing in this order shall be construed as barring Defendant from seeking to enforce the Miranova Judgment against any other party, including but not limited to the Estate of Pasquale Marino; and 3. Plaintiff must file a complaint in this matter no later than October 3, 2018; and 4. Defendant must file an answer no later than October 13, 2018; and 5. Discovery pursuant to Fed. R. Civ. P. 26(a) shall be exchanged by October 26, 2018; and 6. The motion for expedited discovery is GRANTED, and discovery in this matter will take place is to take place on an expedited timeline. Defendant may serve a Notice of Deposition, Interrogatories, and/or a Notice to Produce Document on third-party Craig Perri immediately. Depositions may be conducted on three days' notice. Documents must be produced or interrogatories answered within five days of the request. All discovery must be concluded by November 30, 2018. Discovery disputes are to be raised with the court by letter motion as soon as they arise; they will be dealt with telephonically; and 7. Defendant will file a supplemental brief and exhibits in support of its motion for attachment no later than December 21, 2018. Plaintiff will file her response no later than January 11, 2018. Defendant will file a reply no later than January 18, 2018. The motion will be marked a priority by the Court. The Clerk of Court is directed to remove the motion at Docket No. 11 from the court's list of open motions. (Signed by Judge Colleen McMahon on 9/28/2018) (mml) (Additional attachment(s) added on 10/1/2018: #1 order) (mde). (Entered: 10/01/2018)

#11

(#23) ORDER DENYING MOTION TO REMAND, IMPOSING STANDSTILL ON BOTH PARTIES PENDING DISCOVERY AND BRIEFING, AND SETTING DISCOVERY SCHEDULE AND BRIEFING SCHEDULE denying #11 Motion to Remand to State Court. IT IS THEREFORE ORDERED THAT: 1. Plaintiffs Motion to Remand to State Court (Docket No. 11) is denied; and 2. Pending adjudication on the Motion for Attachment, (a) Plaintiff may not dispose of or encumber, by any lien, pledge, assignment or otherwise, any of the assets purchased from the domestic limited liability company, Piatti Italiani, pursuant to the asset purchase agreement dated July 29, 2015, or from entering into any agreement to do the same; and (b) Defendant and her agents may not take any action to enforce the Miranova Judgement against Plaintiff, but nothing in this order shall be construed as barring Defendant from seeking to enforce the Miranova Judgment against any other party, including but not limited to the Estate of Pasquale Marino; and 3. Plaintiff must file a complaint in this matter no later than October 3, 2018; and 4. Defendant must file an answer no later than October 13, 2018; and 5. Discovery pursuant to Fed. R. Civ. P. 26(a) shall be exchanged by October 26, 2018; and 6. The motion for expedited discovery is GRANTED, and discovery in this matter will take place is to take place on an expedited timeline. Defendant may serve a Notice of Deposition, Interrogatories, and/or a Notice to Produce Document on third-party Craig Perri immediately. Depositions may be conducted on three days' notice. Documents must be produced or interrogatories answered within five days of the request. All discovery must be concluded by November 30, 2018. Discovery disputes are to be raised with the court by letter motion as soon as they arise; they will be dealt with telephonically; and 7. Defendant will file a supplemental brief and exhibits in support of its motion for attachment no later than December 21, 2018. Plaintiff will file her response no later than January 11, 2018. Defendant will file a reply no later than January 18, 2018. The motion will be marked a priority by the Court. The Clerk of Court is directed to remove the motion at Docket No. 11 from the court's list of open motions. (Signed by Judge Colleen McMahon on 9/28/2018) (mml) (Additional attachment(s) added on 10/1/2018: #1 order) (mde). (Entered: 10/01/2018)

#20

(#20) FIRST MOTION to Amend/Correct #1 Notice of Removal, . Document filed by Tatiana Mironova.(Strube, Gavin) (Entered: 09/27/2018)

#22

(#22) MEMORANDUM OF LAW in Support re: #20 FIRST MOTION to Amend/Correct #1 Notice of Removal, . . Document filed by Tatiana Mironova. (Strube, Gavin) (Entered: 09/27/2018)

21 #1

Exhibit Exhibit A - Notice of Removal

21 #3

Exhibit Exhibit C - Tatiana Mironova Affidavit of September 26, 2018

21 #2

Exhibit Exhibit B - Motion to Remand (Without Exhibits)

21 #4

Exhibit Exhibit D - Proposed Amended Notice of Removal

#21

(#21) DECLARATION of Mitchell Nathanson in Support re: #20 FIRST MOTION to Amend/Correct #1 Notice of Removal, .. Document filed by Tatiana Mironova. (Attachments: #1 Exhibit Exhibit A - Notice of Removal, #2 Exhibit Exhibit B - Motion to Remand (Without Exhibits), #3 Exhibit Exhibit C - Tatiana Mironova Affidavit of September 26, 2018, #4 Exhibit Exhibit D - Proposed Amended Notice of Removal)(Strube, Gavin) (Entered: 09/27/2018)

46 More Documents Available

 

Docket Entries

  • 10/01/2018
  • Set/Reset Deadlines: Brief due by 12/21/2018. Discovery due by 11/30/2018. Reply to Response to Brief due by 1/18/2019. Responses to Brief due by 1/11/2018. (mml) (Entered: 10/01/2018)

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  • 10/01/2018
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  • (#23) ORDER DENYING MOTION TO REMAND, IMPOSING STANDSTILL ON BOTH PARTIES PENDING DISCOVERY AND BRIEFING, AND SETTING DISCOVERY SCHEDULE AND BRIEFING SCHEDULE denying #11 Motion to Remand to State Court. IT IS THEREFORE ORDERED THAT: 1. Plaintiffs Motion to Remand to State Court (Docket No. 11) is denied; and 2. Pending adjudication on the Motion for Attachment, (a) Plaintiff may not dispose of or encumber, by any lien, pledge, assignment or otherwise, any of the assets purchased from the domestic limited liability company, Piatti Italiani, pursuant to the asset purchase agreement dated July 29, 2015, or from entering into any agreement to do the same; and (b) Defendant and her agents may not take any action to enforce the Miranova Judgement against Plaintiff, but nothing in this order shall be construed as barring Defendant from seeking to enforce the Miranova Judgment against any other party, including but not limited to the Estate of Pasquale Marino; and 3. Plaintiff must file a complaint in this matter no later than October 3, 2018; and 4. Defendant must file an answer no later than October 13, 2018; and 5. Discovery pursuant to Fed. R. Civ. P. 26(a) shall be exchanged by October 26, 2018; and 6. The motion for expedited discovery is GRANTED, and discovery in this matter will take place is to take place on an expedited timeline. Defendant may serve a Notice of Deposition, Interrogatories, and/or a Notice to Produce Document on third-party Craig Perri immediately. Depositions may be conducted on three days' notice. Documents must be produced or interrogatories answered within five days of the request. All discovery must be concluded by November 30, 2018. Discovery disputes are to be raised with the court by letter motion as soon as they arise; they will be dealt with telephonically; and 7. Defendant will file a supplemental brief and exhibits in support of its motion for attachment no later than December 21, 2018. Plaintiff will file her response no later than January 11, 2018. Defendant will file a reply no later than January 18, 2018. The motion will be marked a priority by the Court. The Clerk of Court is directed to remove the motion at Docket No. 11 from the court's list of open motions. (Signed by Judge Colleen McMahon on 9/28/2018) (mml) (Additional attachment(s) added on 10/1/2018: #1 order) (mde). (Entered: 10/01/2018)

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  • 09/28/2018
  • Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 9/28/2018. Decision: Initial conference held. Motion to Remand Denied. TRO granted, enjoining Plaintiff from disposing of assets pursuant to July 29, 2015 asset purchase agreement and enjoining Defendant from taking action to enforce judgment resulting from Mironova v. Pasquale Damarinos Inc. et al., No. 13-Civ-1663 (TPG).Plaintiff will submit a Complaint by October 3, 2018. Defendant will answer by October 13, 2018. Discovery pursuant to Fed. R. Civ. P. 26(a) shall be exchanged by October 26, 2018. All discovery must be completed on or before November 30, 2018. Discovery is on an expedited timeline Depositions within 3 days notice and Documents produced within 5 days of request.Defendant will file updated Motion for Attachment no later than December 31, 2018. Plaintiff will file a response no later than January 11, 2019. Defendant will file a reply no later than January 18, 2019. The Motion will be marked a priority by the Court. Submitted By: Kyla Magun. (mde) (Entered: 10/01/2018)

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  • 09/27/2018
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  • (#22) MEMORANDUM OF LAW in Support re: #20 FIRST MOTION to Amend/Correct #1 Notice of Removal, . . Document filed by Tatiana Mironova. (Strube, Gavin) (Entered: 09/27/2018)

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  • 09/27/2018
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  • (#21) DECLARATION of Mitchell Nathanson in Support re: #20 FIRST MOTION to Amend/Correct #1 Notice of Removal, .. Document filed by Tatiana Mironova. (Attachments: #1 Exhibit Exhibit A - Notice of Removal, #2 Exhibit Exhibit B - Motion to Remand (Without Exhibits), #3 Exhibit Exhibit C - Tatiana Mironova Affidavit of September 26, 2018, #4 Exhibit Exhibit D - Proposed Amended Notice of Removal)(Strube, Gavin) (Entered: 09/27/2018)

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  • 09/27/2018
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  • (#20) FIRST MOTION to Amend/Correct #1 Notice of Removal, . Document filed by Tatiana Mironova.(Strube, Gavin) (Entered: 09/27/2018)

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  • 09/26/2018
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  • (#19) AFFIDAVIT of Tatiana Mironova re: #18 Order, Identifying Citizenship. Document filed by Tatiana Mironova. (Strube, Gavin) (Entered: 09/26/2018)

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  • 09/26/2018
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  • (#18) ORDER TO SHOW CITIZENSHIP: Defendant has until Thursday, September 27, 2018, at 5:00 p.m. to reveal her citizenship for the purposes of establishing diversity jurisdiction pursuant to 28 U.S.C. 1332. Otherwise, the above-captioned case will be remanded to state court, and the pre-trial conference scheduled for September 28, 2018 at 11:00 a.m. will be adjourned. (Signed by Judge Colleen McMahon on 9/25/2018) (mml) (Entered: 09/26/2018)

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  • 09/21/2018
  • Set/Reset Deadlines: Motions due by 9/28/2018. (mml) (Entered: 09/21/2018)

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  • 09/21/2018
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  • (#17) ORDER granting #15 Letter Motion for Extension of Time to File Response/Reply. Ok. Responses due by 10/10/2018, Replies due by 10/24/2018. (Signed by Judge Colleen McMahon on 9/21/2018) (mml) (Entered: 09/21/2018)

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11 More Docket Entries
  • 08/21/2018
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  • (#5) NOTICE OF APPEARANCE by Mitchell Aaron Nathanson on behalf of Tatiana Mironova. (Nathanson, Mitchell) (Entered: 08/21/2018)

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  • 08/15/2018
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  • (#4) ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must appear for a conference on 9/28/2018 in courtroom 24A, 500 Pearl Street, New York, New York 10007 at 11:00 a.m. Initial Conference set for 9/28/2018 at 11:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/14/2018) (mml) (Entered: 08/15/2018)

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  • 08/06/2018
  • Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) (Entered: 08/06/2018)

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  • 08/06/2018
  • CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) (Entered: 08/06/2018)

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  • 08/06/2018
  • ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gavin Michael Strube. The following case opening statistical information was erroneously selected/entered: Other Court Name None; Other Court Number None; Jury Demand code p (Plaintiff); Dollar Demand $2,500,000. The following corrections have been made to your case entry: the Other Court Name has been modified to State Court - Supreme; the Other Court Number has been modified to 156772-2018; the Jury Demand code has been modified to n (None); the Dollar Demand has been modified to No Dollar Demand. (pne) (Entered: 08/06/2018)

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  • 08/06/2018
  • Case Designated ECF. (pne) (Entered: 08/06/2018)

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  • 08/06/2018
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  • (#3) CIVIL COVER SHEET filed. (Strube, Gavin) (Entered: 08/06/2018)

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  • 08/06/2018
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  • ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gavin Michael Strube to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reasons: SIMILAR CASE INFORMATION WAS OMITTED FROM THE CIVIL COVER SHEET; PREVIOUSLY FILED CASE NUMBER MUST BE ENTERED ON THE FIRST PAGE OF THE CIVIL COVER SHEET. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) (Entered: 08/06/2018)

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  • 08/03/2018
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  • (#2) FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Strube, Gavin) Modified on 8/6/2018 (pne). (Entered: 08/03/2018)

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  • 08/03/2018
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  • (#1) NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 156772/2018. (Filing Fee $ 400.00, Receipt Number 0208-15407818).Document filed by Tatiana Mironova. (Attachments: #1 Exhibit Exhibit A: Summons with Notice, #2 Exhibit Exhibit B: Proposed Order to Show Cause With Supporting Papers, #3 Exhibit Exhibit C: Signed Order to Show Cause, #4 Exhibit Exhibit D: Underlying Federal Judgment)(Strube, Gavin) (Entered: 08/03/2018)

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