| Court: | nysd |
| Docket #: | 1:92-cv-01822 |
| Case Name: | Hochberg, et al v. Maynard Howlett, et al |
| PACER case #: | 93507 |
| Date filed: | 1992-03-13 |
| Date terminated: | 1994-05-12 |
| Assigned to: | Judge Robert P. Patterson |
| Case Cause: | 28:1332 Diversity-Libel,Assault,Slander |
| Nature of Suit: | 320 Assault Libel & Slander |
| Jury Demand: | Both |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Irving Hochberg Plaintiff |
Ian Anderson |
| Marta Klajman Plaintiff |
Ian Anderson |
| Shelly Scheffler Plaintiff |
Ian Anderson |
| First Church of Chango, Inc. Plaintiff Individually on their behalf |
Ian Anderson |
| Irving Hochberg Plaintiff |
Ian Anderson |
| Marta Klajman Plaintiff |
Ian Anderson |
| Shelly Scheffler Plaintiff suing on behalf of themselves and all other members of the First Church of Chango |
Ian Anderson |
| Maynard Howlett Emancipation Defendant |
Arthur S. Linker |
| Emancipation Defendant |
|
| NY-NJ Defendant TERMINATED: 01/08/1993 |
|
| C.F.F., Inc. Defendant TERMINATED: 01/08/1993 |
|
| Cult Awareness Network, NY-NJ, C.F.F., Inc. Defendant TERMINATED: 01/08/1993 |
George Damashek |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1992-03-13 | 1 | 0 | COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 5406 (jl) (Entered: 03/16/1992) | |||
| 1992-03-13 | 2 | 0 | Pltff's NOTICE purs. to Rule 2. (jl) (Entered: 03/16/1992) | |||
| 1992-03-13 | 3 | 0 | Rule 9 certificate filed by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler (jl) (Entered: 03/16/1992) | |||
| 1992-03-13 | 4 | 0 | Case information Statement Addendum filed. Purs. to statement, it is suggested that the case be classified as expedited. (jl) (Entered: 03/16/1992) | |||
| 1992-03-26 | 5 | 0 | AMENDED COMPLAINT by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church of Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler , (Answer due 4/5/92 for Maynard Howlett ) amending [1-1] complaint against Cult Awareness Network, NY-NJ, C.F.F., Inc.; JURY TRIAL DEMANDED. Summons issued. (gq) (Entered: 03/26/1992) | |||
| 1992-04-21 | 6 | 0 | NOTICE of attorney appearance for Maynard Howlett by Graham E. Berry. (gq) (Entered: 04/22/1992) | |||
| 1992-03-26 | 7 | 0 | Affidavit of service of Summons, Complaint, Rule 2 Demand, Judge Patterson's Rules of Practice and Consent Form to proceed before a U.S. Magistrate as to Emancipation by J. Maynard Howlett on 3/16/92. Answer due on 4/5/92 for Emancipation. (gq) (Entered: 04/25/1992) | |||
| 1992-03-26 | 8 | 0 | Affidavit of service of Summons, Complaint, Notice and Acknowledgment of Receipt of Summons and Complaint, Rule 2 Notice as to Maynard Howlett, Emancipation by Mail on 3/16/92. Answer due on 4/5/92 for Emancipation, for Maynard Howlett (gq) (Entered: 04/25/1992) | |||
| 1992-04-30 | 9 | 0 | ANSWER by Maynard Howlett (Attorney Graham E. Berry) to amended complaint; jury demand; Firm of: Maynard Howlett, Esq. by attorney Graham E. Berry for defendant Maynard Howlett. (gq) (Entered: 04/30/1992) | |||
| 1992-04-30 | 10 | 0 | Rule 9 certificate filed by Maynard Howlett. (gq) (Entered: 04/30/1992) | |||
| 1992-05-05 | 11 | 0 | ANSWER by Cult Awareness Network, NY-NJ, C.F.F., Inc. (Attorney George Damashek) to amended complaint ; Firm of: George Damashek by attorney George Damashek for defendant Cult Awareness Network, NY-NJ, C.F.F., Inc. (gq) (Entered: 05/05/1992) | |||
| 1992-05-05 | 12 | 0 | Rule 9 certificate filed by Cult Awareness Network, NY-NJ, C.F.F., Inc. (gq) (Entered: 05/05/1992) | |||
| 1992-05-11 | 13 | 0 | AMENDED ANSWER by Cult Awareness Network, NY-NJ, C.F.F., Inc. (Attorney George Damashek ) to amended complaint ; Firm of: George Damashek by attorney George Damashek for defendant Cult Awareness Network, NY-NJ, C.F.F., Inc. (gq) (Entered: 05/12/1992) | |||
| 1992-05-14 | 14 | 0 | Filed Memo-Endorsement on letter dated 5/13/92 to Judge Patterson from Graham E. Berry, atty for deft Howlett, requesting the Court to consider permitting him to participate in an early morning case management conference by way of conference telephone call...APPROVED, set telephone conference for 9:30 5/19/92 ( signed by Judge Robert P. Patterson ) (gq) (Entered: 05/16/1992) | |||
| 1992-05-22 | 15 | 0 | Letter filed dated 5/20/92 to Judge Patterson from Graham E. Berry, who writes that he is appearing for deft Maynard Howlett, who has been unable to obtain New York counsel. (gq) (Entered: 05/25/1992) | |||
| 1992-05-24 | 16 | 0 | Letter filed dated 5/22/92 to Judge Patterson from Herbert L. Rosedale, who denies that he is a president of an affiliate of Cult Awareness Network (California) or that he has an "association" with the Cult Awareness Network New York, New Jersey as stated by Mr. Ian Anderson. (gq) (Entered: 05/31/1992) | |||
| 1992-06-04 | 17 | 0 | MEMORANDUM by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church of Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler in support of [17-1] motion to certify class action. (gq) (Entered: 06/04/1992) | |||
| 1992-06-04 | 18 | 0 | Letter filed dated 5/27/92 to Judge Patterson from Herbert L. Rosedale, who writes that he is not Mr. Howlett's local counsel and that his status in this case is only the attorney pursuant to local Rule 3(a) of this court upon whom service of papers may be made. (gq) (Entered: 06/04/1992) | |||
| 1992-06-09 | 19 | 0 | APPLICATION by Maynard Howlett for appointment of counsel (gq) (Entered: 06/10/1992) | |||
| 1992-06-09 | 20 | 0 | ORDER, that counsel be assigned for Maynard Howlett in accordance with the random selection procedures of the Pro Se Office ...SO ORDERED...( signed by Judge Robert P. Patterson ); Copies mailed (gq) (Entered: 06/11/1992) | |||
| 1992-06-11 | 21 | 0 | Rule 3(g) statement filed by Cult Awareness Network, NY-NJ, C.F.F., Inc. (gq) (Entered: 06/11/1992) | |||
| 1992-06-11 | 22 | 0 | ORDER, that pltff's counsel is to state in an affirmation the manner in which reasonable inquiry was connducted by him and the factual basis for the formation of his knowledge, information and belief with respect to the conduct of each deft charged in each cause of action set forth in the complaint. Such affirmation shall be filed with the Court by 6/18/92 ...SO ORDERED... ( signed by Judge Robert P. Patterson ); Copies mailed (gq) (Entered: 06/12/1992) | |||
| 1992-06-10 | 23 | 0 | Filed Memo-Endorsement on letter dated 6/8/92 to Judge Patterson from George Damashek, atty for deft Cult Awareness Network, who submits that, should his motion for summary judgment be granted, pltffs' motion for class certification will become moot, at least with respect to his client, and if his motion for summary judgment should be denied, he requests that pltffs' motion should be adjourned for a period of two weeks, for review thereof and submission of opposing papers...APPLICATION GRANTED...SO ORDERED... ( signed by Judge Robert P. Patterson ) (gq) (Entered: 06/15/1992) | |||
| 1992-06-16 | 24 | 0 | AFFIDAVITS in support of GEORGE DAMASHEK, PAUL ENGEL, JOHN HUDSON, MEL RHEINFELD, MAYNARD HOWLETT, by Cult Awareness Network, NY-NJ, C.F.F., INC. Re: [24-1] motion for summary judgment. (gq) (Entered: 06/16/1992) | |||
| 1992-06-16 | 25 | 0 | MEMORANDUM OF LAW by Cult Awareness Network, NY-NJ, C.F.F., Inc. in support of [24-1] motion for summary judgment. (gq) (Entered: 06/16/1992) | |||
| 1992-06-15 | 26 | 0 | Filed Memo-Endorsement on letter dated 6/10/92 to Judge Patterson from Ian Anderson, pltff's atty, requesting that pltffs response to the motion for summary judgment be extended to 6/9/92...APPLICATION GRANTED, Response to motion reset to 6/19/92 for [24-1] motion for summary judgment ...SO ORDERED... ( signed by Judge Robert P. Patterson ) (gq) (Entered: 07/04/1992) | |||
| 1992-07-10 | 27 | 0 | MEMORANDUM OF LAW by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church of Chango, Inc., Irving Hochberg, Marta Klajman, Shelly Scheffler in opposition to [24-1] motion for summary judgment. (gq) (Entered: 07/10/1992) | |||
| 1992-07-10 | 28 | 0 | AFFIDAVIT in opposition of IAN ANDERSON, ESQ., by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church of Chango, Inc., Irving Hochberg, Marta Klajman, Shelly Scheffler Re: [24-1] motion for summary judgment. (gq) (Entered: 07/10/1992) | |||
| 1992-07-10 | 29 | 0 | AFFIDAVIT in opposition of REV. GEORGE ROBERTSON by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church of Chango, Inc., Irving Hochberg, Marta Klajman, Shelly Scheffler Re: [24-1] motion for summary judgment. (gq) (Entered: 07/10/1992) | |||
| 1992-07-10 | 30 | 0 | Rule 3(g) statement filed by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church of Chango, Inc., Irving Hochberg, Marta Klajman, Shelly Scheffler. (gq) (Entered: 07/10/1992) | |||
| 1992-06-19 | 31 | 0 | Filed Memo-Endorsement on letter dated 6/15/92 to Judge Patterson from Richard J. Montelione, who writes that pltffs atty Ian Anderson has left for Scotland to see his father, who has suffered a massive stroke, and requests the Court to adjourn this matter for a period of at least two weeks...APPLICATION GRANTED. DEFT'S MOTION FOR SUMMARY JUDGMENT ADJOURNED, Return date reset to 4:00 6/26/92 for [24-1] motion for summary judgment , PLAINTIFFS MOTION FOR CLASS CERTIFICATION ADJOURNED SINE DIE UNTIL AFTER MOTION FOR SUMMARY JUDGMENT IS HEARD & DECIDED...SO ORDERED... ( signed by Judge Robert P. Patterson ) (gq) (Entered: 07/12/1992) | |||
| 1992-06-19 | 32 | 0 | Filed Memo-Endorsement on letter dated 6/15/92 to Judge Patterson from Graham E. Berry, atty for deft Howlett, requesting the Court issue an order that pltffs' counsel is to mail serve him directly with all papers filed with the court and correspondence directed to the court... PLAINTIFFS COUNSEL IS REQUIRED TO SERVE GRAHAM BERRY WITH ALL PAPERS FILED WITH OR DIRECTED TO THIS COURT ...SO ORDERED... ( signed by Judge Robert P. Patterson ) (gq) (Entered: 07/12/1992) | |||
| 1992-06-23 | 33 | 0 | Filed Memo-Endorsement on letter dated 6/22/92 to Judge Patterson from Richard J. Montelione, who writes that pltff atty Anderson's father died last Friday and requests an adjournment of the above matter until 7/8/92 or 7/9/92... APPLICATION GRANTED, Return date reset to 4:00 7/8/92 for [24-1] motion for summary judgment ...SO ORDERED... ( signed by Judge Robert P. Patterson ) (gq) (Entered: 07/12/1992) | |||
| 1992-07-14 | 34 | 0 | Letter filed to Judge Patterson by Graham E. Berry Attorney for deft Maynard Howlett dated 7/9/92, In re: that neither the New York agent for service nor himself had received; pltffs' opposition to deft C.A.N.'s summary judgment motion scheduled for hearing or pltffs' affirmation in respone to the Court's Rule 11 order issued 6/19/92. other certain documents that they have not yet recieved. (kg) Modified on 07/16/1992 (Entered: 07/15/1992) | |||
| 1992-07-14 | 35 | 0 | Letter filed to Judge Patterson by Graham E. Berry Attorney for deft Maynard Howlett dated 7/8/92, In re: to advise the availability for any telephone consulation that the court may wish to involve me in during the hearing of deft Cult Awareness Network's motion for summary judgment in this litigation. (kg) (Entered: 07/15/1992) | |||
| 1992-07-14 | 36 | 0 | Letter filed dated 7/10/92 to Ian Anderson from Graham E. Berry, atty for deft Maynard Howlett, who writes, that in his 17 years of practice, he has never encountered such outrageous professional conduct as Mr. Anderson is exhibiting in this case and that he intends to file a motion for Rule 11 santions againt Mr. Anderson and his clients unless plaintiffs dismisses this action against Mr. Howlett. (gq) (Entered: 07/16/1992) | |||
| 1992-06-29 | 37 | 0 | Filed Memo-Endorsement on letter dated 6/25/92 to Judge Patterson from George Damashek, atty for deft Cult Awareness, requesting that the motion for summary judgment be adjourned to 7/10/92...APPLICATION GRANTED, Motion hearing reset for 10:00 7/10/92 for [24-1] motion for summary judgment ( signed by Judge Robert P. Patterson ) (gq) (Entered: 07/16/1992) | |||
| 1992-07-24 | 38 | 0 | Reply affidavits of GEORGE DAMASHEK, PAUL ENGEL, WILLIAM GOLDBERT, JOHN HUDSON, MEL RHEINFELD, JEANNE FERON by Cult Awareness Network, NY-NJ, C.F.F., Inc. in support of [24-1] motion for summary judgment. (gq) (Entered: 07/24/1992) | |||
| 1992-07-27 | 39 | 0 | SUPPLEMENTARY MEMORANDUM OF LAW by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler in opposition to [24-1] motion for summary judgment. (gq) (Entered: 07/27/1992) | |||
| 1992-07-27 | 40 | 0 | SUPPLEMENTARY AFFIDAVIT in opposition of IAN ANDERSON, ESQ., by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church of Chango, Inc., Irving Hochberg, Marta Klajman, Shelly Scheffler Re: [24-1] motion for summary judgment. (gq) (Entered: 07/27/1992) | |||
| 1992-07-27 | 41 | 0 | AFFIDAVITS in opposition of ROBIN LITCHFIELD, PAMELA PITCHELL, STEPHEN WOLMAN, BRUCE HARROW, BARBARA MCCULLOUGH, MARCIA GORE, BARBARA FORTNER, SILVESTER CANNONE, DANIEL ELSTER, by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church of Chango, Inc., Irving Hochberg, Marta Klajman, Shelly Scheffler Re: [24-1] motion for summary judgment. (gq) (Entered: 07/27/1992) | |||
| 1992-07-27 | 42 | 0 | ATTORNEY AFFIRMATION OF IAN ANDERSON by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler in opposition to [22-1] order. (gq) (Entered: 07/27/1992) | |||
| 1992-07-30 | 43 | 0 | AFFIDAVIT in opposition of REVEREND GEORGE ROBERTSON by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church of Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler Re: [24-1] motion for summary judgment. (gq) (Entered: 07/30/1992) | |||
| 1992-08-07 | 44 | 0 | Filed Memo-Endorsement on letter dated 8/4/92, set answers to interrogatories due for 8/11/92 for pltff , set response to request for production of documents due for 8/11/92 for pltff ...SO ORDERED... ( signed by Judge Robert P. Patterson ) (gq) (Entered: 08/11/1992) | |||
| 1992-08-11 | 45 | 0 | LEGAL MEMORANDUM OF JURISDICTION by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church of Chango Inc., Irving Hochberg, Marta Klajman, Shelly Scheffler. (gq) (Entered: 08/13/1992) | |||
| 1992-08-28 | 46 | 0 | STIPULATION and ORDER, substituting attorney firm of Rosenman & Colin for and in place of Graham E. Berry as attorneys for deft Maynard Howlett ...SO ORDERED... ( signed by Judge Lawrence M. McKenna ). (gq) (Entered: 08/31/1992) | |||
| 1992-09-03 | 47 | 0 | Letter filed dated 9/1/92 to Judge Patterson from Ian Anderson, pltff atty, requesting leave to supplement pltffs' papers in opposition to Cult Awareness Network's motion for summary judgment to include the Local Affiliate brochure document. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 48 | 0 | Letter filed dated 8/31/92 to Ian Anderson from George Damashek, who writes that, in view of the fact that deft CAN's motion has been fully submitted and is presently under consideration by Judge Patterson, it would seem prudent to terminate all further correspondence among counsel, and let the Court determine the motion upon the prior submissions. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 49 | 0 | Letter filed dated 8/28/92 to Graham E. Berry from Ian Anderson, who writes that he personally hand delivered the Responses and opposition papers to the summary judgment motion to Herbert Rosedale's offices. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 50 | 0 | Letter filed dated 8/24/92 to Ian Anderson from Graham E. Berry, who writes that he is perplexed with Mr. Anderson's denials of any involvement by the Church of Scientology in this litigation. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 51 | 0 | Letter filed dated 8/20/92 to Judge Patterson from Ian Anderson, pltff's atty, who writes that Mr. Damashek cannot assert in an unsworn and unaffirmed letter over 3 weeks since the submission of all papers and the conclusion of oral argument in the pending summary judgment proceedings, that President Rosedale or the American Family foundation have no "affiliation" with deft Cult Awareness Network. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 52 | 0 | Letter filed dated 8/17/92 to Ian Anderson from George Damashek, requesting service of copies of pltff's Responses to deft Howlett's First and Second Interrogatories. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 53 | 0 | Letter filed dated 8/17/92 to Judge Patterson from George Damashek, requesting deferral of any response to the aforesaid First Set of Interrogatories, and to all further proceedings on behalf of plaintiffs against deft CAN, pending determination of the pending motion for summary judgment. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 54 | 0 | Letter filed dated 8/17/92 to Graham Berry from Ian Anderson, who writes that Mr. Berry's allegation that the Church of Scientology is "funding and/or quarterbacking this litigation" constitutes a false allegation directly designed to influence the Court in the determination of the present motion for summary judgment. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 55 | 0 | Letter filed dated 8/13/92 to Judge Patterson from Ian Anderson, pltff atty, who writes that the form and content of Mr. Rosedale's letter allegations are clearly improper, raise material issues of fact and warrant censure if not sanctions by the Court. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 56 | 0 | Letter filed dated 8/12/92 to Ian Anderson from Graham E. Berry, who reminds him that none of the opposition papers, points and authorities or affidavits, have yet been served upon Mr. Howlett and requests that he be provided a copy of those documents. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 57 | 0 | Letter filed dated 8/11/92 to Ian Anderson from Graham E. Berry, who writes that unless Mr. Anderson is prepared to substantiate his remark that he "does not play on a level field", and identify his accusers, he insists upon a written apology. (gq) (Entered: 09/04/1992) | |||
| 1992-09-03 | 58 | 0 | Letter filed dated 8/10/92 to Judge Patterson from Herbert L. Rosedale, who writes in rebuttal to the affidavit of George Robertson which was submitted in opposition to the motion for summary judgment made by the Cult Awareness Network. (gq) (Entered: 09/04/1992) | |||
| 1992-09-10 | 59 | 0 | Letter filed dated 9/2/92 to George Damashek from Ian Anderson, pltffs atty, who writes that, deft Cult Awareness Network N.Y./N.J. cannot contend that it does not utilize CAN National body brochures. (gq) (Entered: 09/10/1992) | |||
| 1992-09-15 | 60 | 0 | Letter filed dated 9/9/92 to Judge Patterson from George Damashek, who writes that Mr. Anderson's request for permission to submit the referred to document in opposition to deft CAN's motion for summary judgment should be summarily denied, and Mr. Anderson should be reprimanded for his audacity, and the Court should render its decision upon the final submissions on 7/27/92, without regard to interim correspondence arguments and inferences. (gq) (Entered: 09/15/1992) | |||
| 1992-09-15 | 61 | 0 | Letter filed dated 9/9/92 to Graham Berry, Esq. from Ian Anderson, Esq., pltff atty, who writes that he does not fathom how Mr. Berry purport to represent deft Howlett though he says that he is no longer the attorney of record for Howlett. (gq) (Entered: 09/15/1992) | |||
| 1992-09-15 | 62 | 0 | Filed Memo_Endorsement on letter to Judge Patterson from Ian Anderson dated 9.12.92, pltff's papers in opposition, all of the brochures received by the members of pltff Church were mailed from N.Y....application denied motion fully submitted in argument. ( signed by Judge Robert P. Patterson ) (gb) (Entered: 09/22/1992) | |||
| 1992-09-23 | 63 | 0 | Letter filed by Cult Awareness Network, from George Damashek dated 9.16.92 re to Ian Anderson's letter dtd. 11.12.92. (gb) (Entered: 09/23/1992) | |||
| 1992-09-21 | 64 | 0 | NOTICE OF SUBSTITUTION OF ATTORNEYS that Rosenman & Colin have been substituted for and in place of Graham E. Berry, as attorneys for deft Maynard Holwett, and that all papers herein should be served upon Arthur S. Linker, Rosenman & Colin. (gq) (Entered: 09/24/1992) | |||
| 1992-10-01 | 65 | 0 | Transcript of record of proceedings filed for dates of 7/27/92. (kg) (Entered: 10/02/1992) | |||
| 1992-11-30 | 66 | 0 | OPINION & ORDER # 70743 granting [24-1] motion for summary judgment, and pltffs' motion for a continuance and motion to strike supplementary affidavits are denied. ( Signed by Judge Robert P. Patterson ); Copies mailed. (kg) (Entered: 12/01/1992) | |||
| 1992-12-22 | 67 | 0 | AFFIRMATION of George Damashek by Cult Awareness Netwo, NY-NJ, C.F.F., Inc. Re: [67-1] motion for sanctions upon pltffs and their attorney, Ian Anserson, Esq., in the amount of $6,387.50, and, [67-2] motion for deft's attorney fees and expenses in this action. (kg) (Entered: 12/22/1992) | |||
| 1992-12-22 | 68 | 0 | MEMORANDUM OF LAW by Cult Awareness Netwo, NY-NJ, C.F.F., Inc. in support of [67-1] motion for sanctions upon pltffs and attorney, Ian Anserson, Esq., in the amount of $6,387.50, and, [67-2] motion for deft's attorney fees and expenses in this action. (kg) (Entered: 12/22/1992) | |||
| 1992-12-22 | 69 | 0 | Filed Memo-Endorsement on letter to Judge Patterson from Ian Anderson dated 12/15/92, In Re: request the entry of final judgment, in favor pf deft Cult Awareness Network, NY-NJ C.F.F. Inc.....APPLICATION DENIED. No authority for such a decision by the court having been cited, SO ORDERED PATTERSON. ( signed by Judge Robert P. Patterson ) (kg) (Entered: 12/23/1992) | |||
| 1993-01-08 | 70 | 0 | PARTIAL JUDGMENT,....ORDERED, ADJUDGED AND DECREED that the First and Second Causes of Action alleged in the Amended Complaint herein be and the same hereby are dismissed as against Cult Awareness Network, NY-NJ, C.F.F., Inc. EOD:1/11/93 ( signed by Judge Robert P. Patterson ); Mailed copies and notice of right to appeal. (kg) (Entered: 01/11/1993) | |||
| 1993-01-13 | 71 | 0 | AFFIDAVIT in opposition of Ian Anderson by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler Re: [67-1] motion for sanctions upon pltffs and their attorney, Ian Anserson, Esq., in the amount of $6,387.50, as and, [67-2] motion for deft's attorney fees and expenses in this action. (kg) (Entered: 01/13/1993) | |||
| 1993-01-21 | 72 | 0 | REPLY AFFIDAVIT of George Damashek by Cult Awareness Network, NY-NJ, C.F.F., Inc. (kg) (Entered: 01/21/1993) | |||
| 1993-01-25 | 73 | 0 | Filed Memo-Endorsement on letter to Judge Patterson from Ian Anderson dated 1/21/93, In Re: request permission to submit a Sur-Reply.....Sur-Reply must be filed by 1/25/93...APPLICATION GRANTED. ( signed by Judge Robert P. Patterson ) (kg) (Entered: 01/27/1993) | |||
| 1993-01-28 | 74 | 0 | SUR-REPLY AFFIDAVIT of Ian Anderson by Maynard Howlett, Emancipation, Cult Awareness Network, NY-NJ, C.F.F., Inc. in opposition to [67-1] motion for sanctions upon pltffs and their attorney, Ian Anserson, Esq., in the amount of $6,387.50. (kg) (Entered: 01/28/1993) | |||
| 1993-02-04 | 75 | 0 | MEMORANDUM OPINION # 71026 denying [67-1] motion for sanctions upon pltffs and their attorney, Ian Anserson, Esq., in the amount of $6,387.50, as and, denying [67-2] motion for deft's attorney fees and expenses in this action. ( Signed by Judge Robert P. Patterson ); Copies mailed. (gb) (Entered: 02/05/1993) | |||
| 1993-08-18 | 76 | 0 | NOTICE OF MOTION by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler compelling deft. to answer questions , compelling responses to pltff's first set of interrogatories , Return date 9/14/93 (gb) (Entered: 08/18/1993) | |||
| 1993-08-18 | 77 | 0 | MEMORANDUM by Emancipation in support of [76-1] motion compelling deft. to answer questions, [76-2] motion compelling responses to pltff's first set of interrogatories (gb) (Entered: 08/18/1993) | |||
| 1993-08-24 | 78 | 0 | STIPULATION and ORDER, Return date reset to Return date reset to 9/22/93 [76-1] motion compelling deft. to answer questions , Response to motion reset to 9/15/93 [76-1] motion compelling deft. to answer questions ( signed by Judge Sonia Sotomayor ). (gb) (Entered: 08/25/1993) | |||
| 1993-09-03 | 79 | 0 | AMENDED NOTICE OF MOTION by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler for class certification , Return date 9/22/93 (gb) (Entered: 09/03/1993) | |||
| 1993-09-16 | 80 | 0 | NOTICE OF CROSS MOTION by Maynard Howlett striking the amended complt. and dismissing the action , for discovery , for costs..etc. , Return date 9/22/93 (gb) (Entered: 09/17/1993) | |||
| 1993-09-16 | 81 | 0 | MEMORANDUM by Maynard Howlett in support of [80-1] cross motion striking the amended complt. and dismissing the action, [80-2] cross motion for discovery, [80-3] cross motion for costs..etc. (gb) (Entered: 09/17/1993) | |||
| 1993-09-27 | 82 | 0 | STIPULATION and ORDER, r Response to motion reset to 9/29/93 [80-1] cross motion striking the amended complt. and dismissing the action , Response to motion reset to 9/28/93 [79-1] motion for class certification , all reply papers in pltffs' motion for a protective order and to compel answers and responses and in defts Howlett's cross-motion for discovery sanctions etc shall be served by 10.5.93.. ( signed by Judge Robert P. Patterson ). (gb) (Entered: 09/28/1993) | |||
| 1993-09-29 | 83 | 0 | AFFIDAVIT in opposition of Mary B. Fisher by Maynard Howlett Re:to renewed motion for an order permitting the second cause of action set forth in the amended complt... (gb) (Entered: 09/30/1993) | |||
| 1993-09-29 | 84 | 0 | MEMORANDUM by Maynard Howlett in opposition to [79-1] motion for class certification (gb) (Entered: 09/30/1993) | |||
| 1993-10-01 | 85 | 0 | Filed NOTICE OF RE-CROSS MOTION...Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler for a protective order , Return date 10/5/93 (gb) Modified on 10/04/1993 (Entered: 10/04/1993) | |||
| 1993-10-01 | 86 | 0 | MEMORANDUM by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta motion for a protective order (gb) (Entered: 10/04/1993) | |||
| 1993-10-05 | 87 | 0 | AFFIDAVIT in support of Mary B. Fishger by Maynard Howlett Re: in support of cross-motion for sanction and in opposition to pltffs' re-cross motion for a protective order... (gb) (Entered: 10/05/1993) | |||
| 1993-10-06 | 88 | 0 | AFFIRMATION OF IAN ANDERSON by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler Re: in reply to Opposition to Motion for Class Certification. (kg) (Entered: 10/06/1993) | |||
| 1993-12-23 | 89 | 0 | NOTICE OF MOTION by Maynard Howlett to strike the amended complt. of each allegations , to dismiss the action.. , awarding Howlett costs and expenses.. , Return date 1/7/94 (gb) (Entered: 12/23/1993) | |||
| 1993-12-23 | 90 | 0 | MEMORANDUM by Maynard Howlett in support of [89-1] motion to strike the amended complt. of each allegations, [89-2] motion to dismiss the action.., [89-3] motion awarding Howlett costs and expenses.. (gb) (Entered: 12/23/1993) | |||
| 1993-12-24 | 91 | 0 | NOTICE OF MOTION by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler for an order certifying the court's memo and order of 12.10.93 ..and staying all discovery pending an appeal.. , Return date 1/24/94 ..(rec'd in night dep. at 12.24.93..rec'd by docket clerk, 12.28.93). (gb) Modified on 12/28/1993 (Entered: 12/28/1993) | |||
| 1993-12-24 | 92 | 0 | MEMORANDUM by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler in support of [91-1] motion for an order certifying the court's memo and order of 12.10.93 ..and staying all discovery pending an appeal..(rec'd in night dep. at 12.24.93 at 1:10).. (gb) (Entered: 12/28/1993) | |||
| 1993-12-30 | 93 | 0 | STIPULATION and ORDER, that deft's motion for sanctions purs. to FRCP 37(b)(2)(C) is hereby adjourned to 1/24/94 at 9:30 and that pltffs shall serve papers in opposition to the motion upon counsel on or before 1/18/94, Return date reset to 9:30 1/24/94 [89-1] motion to strike the amended complt. of each allegations, Return date reset to 9:30 1/24/94 [89-2] motion to dismiss the action.., Return date reset to 9:30 1/24/94 [89-3] motion awarding Howlett costs and expenses.. , reset opposition to motion filing deadline for set for 1/18/94 , Reply to Response to Motion reset to 1/24/94 [89-1] motion to strike the amended of each allegations, reset to 1/24/94 [89-2] motion to dismiss the action.., reset to 1/24/94 [89-3] motion awarding Howlett costs and expenses.. ( signed by Judge Robert P. Patterson ). (kg) (Entered: 01/03/1994) | |||
| 1994-01-10 | 94 | 0 | MEMORANDUM OPINION # 72604 denying [17-1] motion to certify class action ( Signed by Judge Robert P. Patterson ); Copies mailed. (gb) (Entered: 01/11/1994) | |||
| 1994-01-17 | 95 | 0 | AFFIDAVIT in opposition of Ian Anderson by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler Re: [89-1] motion to strike the amended complt. of each allegations, [89-2] motion to dismiss the action.., [89-3] motion awarding Howlett costs and expenses. (ND:1/17/94 at 6:54P) (kg) (Entered: 01/18/1994) | |||
| 1994-01-17 | 96 | 0 | RESPONSE by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler Re: to response to Notice to Produce Documents for Inspection and Copying. (ND:1/17/94 at 6:54P) (kg) (Entered: 01/18/1994) | |||
| 1994-01-17 | 97 | 0 | RESPONSE by First Church Chango's Re: to deft Maynard Howlett's Second Set of Interrogatories. (ND: 1/17/94 at 6:54P) (kg) (Entered: 01/18/1994) | |||
| 1994-01-17 | 98 | 0 | ANSWERS to First Set of Interrogatories of Maynard Howlett filed by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango. (ND:1/17/94 at 6:54P) (kg) (Entered: 01/18/1994) | |||
| 1994-01-19 | 99 | 0 | MEMORANDUM by Maynard Howlett in opposition to [91-1] motion for an order certifying the court's memo and order of 12.10.93 ..and staying all discovery pending an appeal..purs. to 28 U.S.C.A 1292.. (gb) (Entered: 01/20/1994) | |||
| 1994-01-24 | 100 | 0 | AFFIDAVIT in support of Mary B. Fisher by Maynard Howlett Re:..in support of motion for sanctions purs. to FRPC 37b2c... (gb) (Entered: 01/24/1994) | |||
| 1994-01-26 | 101 | 0 | Transcript of record of proceedings filed for dates of 11.3.93 (gb) (Entered: 01/26/1994) | |||
| 1994-01-31 | 102 | 0 | Filed Memo-Endorsement on letter to Judge Patterson from Ian Anderson dated 1/27/94, In Re: pltffs request permission to respond to the additional 4 pages of supplemental allegations concerning Local Rule 3(f) requirements contained in the abovementioned affidavit of Ms. Fisher at Pages 4 to 7 inclusive thereof....Application Denied. Ms. Fisher's affidavit merely responds to defts affidavits. SO ORDERED ( signed by Judge Robert P. Patterson ) (kg) (Entered: 02/01/1994) | |||
| 1994-05-03 | 103 | 0 | Transcript of record of proceedings filed for dates of 11/3/93 at 4:15 p.m. (kg) (Entered: 05/04/1994) | |||
| 1994-05-03 | 104 | 0 | MEMORANDUM OPINION # 73117 granting [89-1] motion to strike the amended complt. of each allegations, granting [89-2] motion to dismiss the action.., granting [89-3] motion awarding Howlett costs and expenses...because both pltffs and or pltff's counsel have failed to produce documents and appear for theei depositions in willful and flagrant disregard for this courts oral order of 11.3.93 and written order of 12.10.93 defts motion is granted and the amended complt. is dismissed., pltff's motion for class certification is denied as moot..(to Judgement clerk).. ( Signed by Judge Robert P. Patterson ); Copies mailed. (gb) (Entered: 05/05/1994) | |||
| 1994-05-12 | 105 | 0 | JUDGMENT # for Maynard Howlett against Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler...pltff's motion for certification is denied as moot., Howlett's motion is granted., the amended complt. is dismissed in its entirety for the reasons stated in the Court's opinion of 5.3.94..eod 5/13/94.. Mailed copies and notice of right to appeal. (gb) (Entered: 05/13/1994) | |||
| 1994-06-03 | 106 | 0 | NOTICE OF APPEAL by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango ; from [105-1] judgment order, [104-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: George Damashek, Rosenman & Colin. (jf) (Entered: 06/06/1994) | |||
| 1994-06-20 | 107 | 0 | DESIGNATION of Additional Parts to be Included by Maynard Howlett in the record on appeal - Transcript of Oral Argument on November 3, 1993. (djc) (Entered: 06/21/1994) | |||
| 1994-07-06 | 108 | 0 | NOTICE OF MOTION by Irving Hochberg, Marta Klajman, Shelly Scheffler, First Church Chango, Irving Hochberg, Marta Klajman, Shelly Scheffler for an order settling and approving pltff's rule 10c statement ofv proceedings.. , Return date 7/21/94 (gb) (Entered: 07/07/1994) | |||
| 1994-07-07 | 109 | 0 | Filed deft's statement purs. to rule 10(c).. (gb) (Entered: 07/07/1994) | |||
| 1994-07-15 | 110 | 0 | Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: [106-1] appeal by First Church Chango, Shelly Scheffler, Marta Klajman, Irving Hochberg (rag) (Entered: 07/18/1994) | |||
| 1994-08-09 | 111 | 0 | Notice that the 1st supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals: [106-1] appeal by First Church Chango, Shelly Scheffler, Marta Klajman, Irving Hochberg (rag) (Entered: 08/10/1994) | |||
| 1995-05-22 | 112 | 0 | MANDATE OF USCA (certified copy) Re: [106-1] appeal by First Church Chango, Shelly Scheffler, Marta Klajman, Irving Hochberg: On consideration whereof, it is now hereby ordered, adjudged and decreed that the judgment of the district court be and it hereby is affirmedd. Bill of costs in favor of the Appellee, Cult Awareness Network in the amount of $307.75 attached. (94-7566). GEORGE LANGE III, Clerk, U.S.C.A.. (em) (Entered: 05/22/1995) |