| Court: | nyed |
| Docket #: | 1:12-cv-05086 |
| Case Name: | Zafir v. John Hancock Life Insurance Company (U.S.A.) |
| PACER case #: | 335264 |
| Date filed: | 2012-10-10 |
| Date terminated: | 2013-11-14 |
| Assigned to: | Judge Pamela K. Chen |
| Referred to: | Magistrate Judge James Orenstein |
| Case Cause: | 28:1332 Diversity-Notice of Removal |
| Nature of Suit: | 110 Insurance |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Akiva Zafir Counter Defendant Trustee of the Anna Zafir 2006YI Irrevocable Life Insurance Trust Dated March 1, 2006 |
Avi Rosengarten |
| John Hancock Life Insurance Company (U.S.A.) Counter Claimant |
Neil Matthew Merkl Nicole Marie Hudak Sean Richard Flanagan |
| Isaac Israel Counter Defendant Trustee of the Anna Zafir 2006YI Irrevocable Life Insurance Trust, Dated March 1, 2006 |
Alan M. Lebensfeld |
| Shlomo Gutman Intervenor |
Alan M. Lebensfeld |
| Joel Rosenger Counter Defendant |
Alan M. Lebensfeld |
| The Anna Zafir 2006YI Irrevocable Life Insurance Trust, Dated March 1, 2006 Counter Defendant |
|
| Shlomo Gutman Counter Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-10-10 | 1 | 0 | NOTICE OF REMOVAL by John Hancock Life Insurance Company (U.S.A.) from Supreme Court of the State of New York, County of Kings, case number 502754/2012. Disclosure Statement on Civil Cover Sheet completed -Yes, (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (Davis, Kimberly) (Entered: 10/11/2012) | |||
| 1 | 1 | Civil Cover Sheet | ||||
| 1 | 2 | Exhibit | ||||
| 2012-10-11 | 2 | 0 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 10/11/2012) | |||
| 2012-10-25 | 3 | 0 | Letter dated October 25, 2012, from Sean R. Flanagan to Judge Mauskopf, requesting John Hancock's deadline to answer or otherwise respond to the Complaint to be extended from October 25, 2012 to November 26, 2012 by John Hancock Life Insurance Company (U.S.A.) (Flanagan, Sean) (Entered: 10/25/2012) | 2012-11-06 13:37:03 | bc2f7496612f106bc21596b4b572a442c32d91e6 | |
| 2012-11-26 | 4 | 0 | Letter MOTION for Extension of Time to File Answer re 1 Notice of Removal, to November 29, 2012 by John Hancock Life Insurance Company (U.S.A.). (Flanagan, Sean) (Entered: 11/26/2012) | |||
| 2012-11-29 | 5 | 0 | ANSWER to Complaint , COUNTERCLAIM against Akiva Zafir by John Hancock Life Insurance Company (U.S.A.). (Merkl, Neil) (Entered: 11/29/2012) | |||
| 2012-12-17 | 6 | 0 | SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on January 22, 2013, at 11:00 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than January 17, 2013, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 12/17/2012. (Guy, Alicia) (Entered: 12/17/2012) | |||
| 2012-12-19 | 7 | 0 | REPLY ANSWER to 5 Answer to Complaint, Counterclaim by Akiva Zafir. (Rosengarten, Avi) (Entered: 12/19/2012) | 2013-02-06 00:48:19 | 8366c86e4ab079696ad384af9d697ba69b7b552b | |
| 2013-01-17 | 8 | 0 | NOTICE by John Hancock Life Insurance Company (U.S.A.) of Initial Conference Questionnaire (Merkl, Neil) (Entered: 01/17/2013) | |||
| 2013-01-22 | 9 | 0 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 1/22/2013. SCHEDULING: (1) A status conference will be held on May 14, 2013, at 10:30 a.m. (2) The final pretrial conference will be held on September 13, 2013, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: (1) No later than February 5, 2013, the plaintiff will file an amended answer to the counterclaim that more accurately sets forth the plaintiff's understanding of the pertinent facts; in particular, the answer will respond with specificity to the allegation (see docket entry 5 , paragraph 51) that certain identified statements in the application for the insurance policy at issue were false and misleading. (2) I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. (Orenstein, James) (Entered: 01/22/2013) | |||
| 2013-01-22 | 10 | 0 | SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: January 22, 2013. First request for production of documents and first request for interrogatories due by: February 28, 2013. Deadline for joinder of additional parties and amendment of pleadings: April 30, 2013. Status Conference (with joint status report due two business days in advance): May 14, 2013, at 10:30 a.m. All discovery to be completed by: August 30, 2013. Pretrial Conference (ex parte statements of settlement position due via fax two business days in advance): September 13, 2013, at 9:30 a.m. Dispositive motion process started by: September 27, 2013. Joint pretrial order due by: October 25, 2013. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 1/22/2013. (Orenstein, James) (Entered: 01/22/2013) | |||
| 2013-02-07 | 11 | 0 | AMENDED REPLY ANSWER to 5 Answer to Complaint, Counterclaim by Akiva Zafir. (Rosengarten, Avi) (Entered: 02/07/2013) | |||
| 2013-04-19 | 12 | 0 | Letter MOTION to Compel Plaintiff to produce responses to John Hancock's Discovery Request; (b) to allow John Hancock to serve a subpoena on the second Trustee by alternative means; and (c) to rule John Hancock's proposed search terms for electronic discovery are adequate and Plaintiff is not entitled to demand future searches. by John Hancock Life Insurance Company (U.S.A.). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Flanagan, Sean) (Entered: 04/19/2013) | |||
| 2013-04-24 | 13 | 0 | RESPONSE to Motion re 12 Letter MOTION to Compel Plaintiff to produce responses to John Hancock's Discovery Request; (b) to allow John Hancock to serve a subpoena on the second Trustee by alternative means; and (c) to rule John Hancock's proposed search terms for filed by Akiva Zafir. (Rosengarten, Avi) (Entered: 04/24/2013) | |||
| 2013-04-29 | 14 | 0 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 4/29/2013. SCHEDULING: The final pretrial conference will be held on September 13, 2013, at 9:30 a.m. SUMMARY: (1) I granted the defendant's motion to compel, docket entry 12 , and ordered the plaintiff to provide all information responsive to all outstanding discovery requests no later than May 3, 2013. (2) The plaintiff's counsel reported that Benson Follman has never been a Trustee of the Trust at issue in this litigation and that he does not represent Mr. Follman, but provided the name of an attorney he believes may represent Mr. Follman. The defendant's counsel will contact the latter attorney in an attempt to arrange service of a subpoena; in the event that does not suffice, I granted the defendant's motion to effect alternate service. (3) The defendant will produce documents on the basis of a search terms to which the parties previously agreed; the plaintiff suggested no additional terms and will not be heard later to contend that the previously suggested terms are insufficient. (4) The plaintiff declines to accept service of a subpoena for his grandmother (for whom the Trust is named and whose life was insured by the policy at issue in this litigation). I ordered the plaintiff to provide a service address for his grandmother today. (Orenstein, James) (Entered: 04/29/2013) | |||
| 2013-05-21 | 15 | 0 | Letter MOTION to Compel Plaintiff to produce a signed verification for his Responses to John Hancock's First Set of Interrogatories and (ii) to compel Plaintiff to appear for his deposition on June 4th or provide alternative dates for his deposition by John Hancock Life Insurance Company (U.S.A.). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Flanagan, Sean) (Entered: 05/21/2013) | |||
| 2013-05-23 | 16 | 0 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 5/22/2013. SCHEDULING: The next pretrial conference will be held on September 13, 2013, at 9:30 a.m. SUMMARY: I discussed with the parties the defendants' motion to compel the plaintiff to verify his interrogatory responses and appear for his deposition. See docket entry 15 . In the absence of any proffered explanation as to why the requested relief was not warranted, I granted the motion. (Orenstein, James) (Entered: 05/23/2013) | |||
| 2013-06-03 | 17 | 0 | Letter to Judge Orenstein re: settlement by John Hancock Life Insurance Company (U.S.A.) (Flanagan, Sean) (Entered: 06/03/2013) | |||
| 2013-06-10 | 18 | 0 | Letter MOTION to Amend/Correct/Supplement 5 Answer to Complaint, Counterclaim by John Hancock Life Insurance Company (U.S.A.). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Flanagan, Sean) (Entered: 06/10/2013) | |||
| 2013-06-13 | 19 | 0 | Letter MOTION to Compel by John Hancock Life Insurance Company (U.S.A.). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Flanagan, Sean) (Entered: 06/13/2013) | |||
| 2013-06-14 | 20 | 0 | Letter to Judge Orenstein re: intervention and discovery issues by Shlomo Gutman, Isaac Israel, Joel Rosenger (Lebensfeld, Alan) (Entered: 06/14/2013) | |||
| 2013-06-14 | 21 | 0 | RESPONSE to Motion re 18 Letter MOTION to Amend/Correct/Supplement 5 Answer to Complaint, Counterclaim filed by Akiva Zafir. (Guy, Alicia) (Entered: 06/14/2013) | |||
| 2013-06-14 | 22 | 0 | NOTICE of Appearance by Alan M. Lebensfeld on behalf of Shlomo Gutman, Isaac Israel, Joel Rosenger (aty to be noticed) (Lebensfeld, Alan) (Entered: 06/14/2013) | |||
| 2013-06-21 | 23 | 0 | CERTIFICATE OF SERVICE by Akiva Zafir re 21 Response to Motion (Rosengarten, Avi) (Entered: 06/21/2013) | |||
| 2013-06-21 | 24 | 0 | Minute Entry for proceedings held before Magistrate Judge James Orenstein: Status Conference held on 6/21/2013. SCHEDULING: (1) The next status conference will be held on June 28, 2013, at 11:00 a.m. (2) A pretrial conference will be held on September 13, 2013, at 9:30 a.m. SUMMARY: (1) I ordered the plaintiff to appear for his deposition on Thursday June 27, 2013, and then to appear in person at the next conference as scheduled above. I caution the plaintiff that his failure to comply with either of those orders will result in a recommendation that the case be dismissed for failure to prosecute. I respectfully direct the plaintiff's counsel to provide a copy of this order to his client and promptly to certify on the docket that he has done so. (2) I deferred until the next appearance consideration of Mr. Rosengarten's request for leave to withdraw as counsel of record. (3) Without objection, I ordered subpoena recipents Isaac Israel, Shlomo Gutman, and Joel Rosenger to comply with the subpoena each has received as follows: each must appear for a deposition no later than July 12, 2013, and each must produce to the defendant the subpoenaed documents no less than one week before the date of his deposition. (4) Messrs. Israel, Gutman, and Rosenger have not sought to intervene in this action to date, and apparently only Mr. Israel is contemplating doing so. I respectfully direct the Clerk to correct the caption to reflect that none of the three is currently an intervenor. (Rambaud, Dennis) (Entered: 06/21/2013) | |||
| 2013-06-26 | 25 | 0 | CERTIFICATE OF SERVICE by Akiva Zafir re 24 Status Conference,,,,,, (Rosengarten, Avi) (Entered: 06/26/2013) | |||
| 2013-06-28 | 26 | 0 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 6/28/2013. SCHEDULING: The next pretrial conference will be held on September 13, 2013, at 9:30 a.m. SUMMARY: (1) The parties reported that Mr. Zafir appeared for his deposition yesterday as required. (2) Mr. Rosengarten, with his client's consent, withdrew his earlier oral request to be relieved as counsel of record. (3) I determined that it would be premature at this point to decide whether the defendant should be permitted to file an amended answer that may prove to be unnecessary. (4) The parties anticipate completing discovery on time, with the possible exception of the deposition of a non-party witness whom the defendant has thus far been unable to serve with a subpoena. (5) The plaintiff reported that non-party Isaac Israel no longer intends to file a motion to intervene. (Orenstein, James) (Entered: 06/28/2013) | |||
| 2013-07-08 | 27 | 0 | Letter MOTION to Compel the appearance by Non-Parties of their respective depositions; (ii) compel the production of documents by the Non-Parties; (iii) allow John Hancock to recall the Non-Parties for their continued depositions based on the documents they produce; and (iv) costs for this letter motion and for any continued depositions based on the documents they produce. by John Hancock Life Insurance Company (U.S.A.). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Flanagan, Sean) (Entered: 07/08/2013) | |||
| 2013-07-11 | 28 | 0 | Letter dated 7/11/13 from Sean R. Flanagan to Judge Orenstein re: John Hancocks letter motion to compel dated 7/8/13. by John Hancock Life Insurance Company (U.S.A.) (Flanagan, Sean) (Entered: 07/11/2013) | |||
| 2013-07-30 | 29 | 0 | Letter MOTION to Compel serve non-party, David Kohn by alternative means, MOTION to Amend/Correct/Supplement John Hancock's answer and supplement its affirmative defenses, and to include non-parties, MOTION for Extension of Time to Complete Discovery by thirty days to September 30, 2013 by John Hancock Life Insurance Company (U.S.A.). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Flanagan, Sean) (Entered: 07/30/2013) | |||
| 2013-07-31 | 30 | 0 | FIRST AMENDED SCHEDULING ORDER: All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: September 30, 2013. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): October 16, 2013, at 2:00 p.m. Dispositive motion process started by: October 30, 2013. Joint pretrial order due by: November 27, 2013. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 7/31/2013. (Rambaud, Dennis) (Entered: 07/31/2013) | |||
| 2013-08-15 | 31 | 0 | AMENDED ANSWER to 5 Answer to Complaint, Counterclaim , COUNTERCLAIM against Akiva Zafir, The Anna Zafir 2006YI Irrevocable Life Insurance Trust, Dated March 1, 2006, Shlomo Gutman, Joel Rosenger, Isaac Israel by John Hancock Life Insurance Company (U.S.A.). (Merkl, Neil) (Entered: 08/15/2013) | |||
| 2013-08-16 | 32 | 0 | Summons Issued as to Shlomo Gutman, Isaac Israel, Joel Rosenger, The Anna Zafir 2006YI Irrevocable Life Insurance Trust, Dated March 1, 2006, Akiva Zafir(Trustee of the Anna Zafir 2006YI Irrevocable Life Insurance Trust Dated March 1, 2006). (Riquelme, Claudia) (Entered: 08/16/2013) | |||
| 2013-08-28 | 33 | 0 | AFFIDAVIT of Service for Summons in a Civil Action and Defenddant and Counterclaim Plaintff John Hancock Life Insurance USA's Amended Answer, Affirmative Defenses, and Counterclaims served on Shlomo Gutman, the Anna Zafir 2006YI Irrevocable Life Insurance Trust Dated March 1, 2006, Akiva Zafir, Joel Rosenger, and Isaac Israel on 8/23/2013, filed by John Hancock Life Insurance Company (U.S.A.). (Flanagan, Sean) (Entered: 08/28/2013) | |||
| 2013-08-29 | 34 | 0 | Letter MOTION to Compel non-party Mr. David Kohn to appear for a deposition; and (ii) appearance costs for a court reporter and videographer and counsel's time for this motion by John Hancock Life Insurance Company (U.S.A.). (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Flanagan, Sean) (Entered: 08/29/2013) | |||
| 2013-08-29 | 35 | 0 | ORDER TO SHOW CAUSE re 34 Letter MOTION to Compel non-party Mr. David Kohn to appear for a deposition; and (ii) appearance costs for a court reporter and videographer and counsel's time for this motion filed by John Hancock Life Insurance Company (U.S.A.) -- I order subpoena recipient David Kohn to appear before me, at the courthouse located at 225 Cadman Plaza East, Courtroom 11D South, Brooklyn, New York 11201, on September 13, 2013, at 11:30 a.m., to show cause why I should not order him to appear for a deposition and reimburse the defendant for the costs of its motion to compel his appearance and for the costs incurred on the previously noticed deposition date. Failure to appear as required may result in a warrant for Mr. Kohn's arrest and sanctions for contempt of court. I order the defendant to serve a copy of this order on Mr. Kohn by any method set forth in Fed. R. Civ.P. 4(e)(2) no later than September 5, 2013, and to provide proof of such service. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/29/2013. (Rambaud, Dennis) (Entered: 08/29/2013) | |||
| 2013-09-05 | 36 | 0 | AFFIDAVIT of Service for Order Entered on 8/29/13 by personal delivery to David Zelkovitz, co-worker, served on David Kohn on 9/3/2013, filed by John Hancock Life Insurance Company (U.S.A.). (Flanagan, Sean) (Entered: 09/05/2013) | |||
| 2013-09-05 | 37 | 0 | AFFIDAVIT of Service for Order Entered on 8/29/13 by first class mail served on David Kohn on 9/5/13, filed by John Hancock Life Insurance Company (U.S.A.). (Flanagan, Sean) (Entered: 09/05/2013) | |||
| 2013-09-13 | 38 | 0 | CERTIFICATE OF SERVICE by John Hancock Life Insurance Company (U.S.A.) Certificate of E-mail Service of Order dated August 29, 2013 (Flanagan, Sean) (Entered: 09/13/2013) | |||
| 2013-09-13 | 39 | 0 | Letter Advising of Settlement by Shlomo Gutman, Isaac Israel, Joel Rosenger, The Anna Zafir 2006YI Irrevocable Life Insurance Trust, Dated March 1, 2006, Akiva Zafir (Rosengarten, Avi) (Entered: 09/13/2013) | |||
| 2013-09-13 | 40 | 0 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Show Cause Hearing held on 9/13/2013, Telephone Conference held on 9/13/2013. SCHEDULING: The next telephone conference will be held on October 11, 2013, at 12:30 p.m. SUMMARY: (1) Mr. Kohn did not appear as required at the hearing on the order to show cause previously scheduled for this morning, and attempts to reach him were unsuccessful, as set forth on the record. After indirect communication with Mr. Kohn was established through an attorney who does not represent him, Mr. Rosengarten filed a letter reporting that the parties have agreed in principle to settle the case. Docket Entry ("DE") 39 . I then held a telephone conference during which each party's counsel confirmed the agreement in principle. In light of the parties' agreement, the defendants' counsel withdrew the motion to compel Mr. Kohn's deposition, DE 34 , without prejudice to reinstatement if the settlement agreement is not consummated. I therefore directed both parties immediately to ensure that Mr. Kohn is advised that he no longer has any obligation to appear in this case. (2) If the parties file a stipulation of dismissal no later than October 9, 2013, I will cancel the conference scheduled above; otherwise, I direct the plaintiff's counsel to initiate the telephone conference call. (Orenstein, James) (Entered: 09/13/2013) | |||
| 2013-10-09 | 41 | 0 | Letter dated 10/9/13 from Sean R. Flanagan to Judge orenstein re: status of the settlement by John Hancock Life Insurance Company (U.S.A.) (Flanagan, Sean) (Entered: 10/09/2013) | |||
| 2013-10-11 | 42 | 0 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 10/11/2013. SCHEDULING: The next pretrial conference will be held on November 12, 2013, at 12:00 p.m. SUMMARY: The parties remain in agreement to settle the case. If they file a stipulation of dismissal no later than November 7, 2013, I will cancel the conference scheduled above; otherwise, counsel must appear in person prepared to discuss any remaining pretrial matters. (Orenstein, James) (Entered: 10/11/2013) | |||
| 2013-11-07 | 43 | 0 | Letter from Sean Flanagan re status of settlement by John Hancock Life Insurance Company (U.S.A.) (Flanagan, Sean) (Entered: 11/07/2013) | |||
| 2013-11-14 | 44 | 0 | STIPULATION of Dismissal with Prejudice by John Hancock Life Insurance Company (U.S.A.) (Merkl, Neil) (Entered: 11/14/2013) |