Rapaport v. Finkelman

New York Southern District Court
Judge:	Jessica G L Clarke
Case #:	1:24-cv-05942
Nature of Suit	320 Torts - Personal Injury - Assault, Libel, & Slander
Cause	28:1332lb Diversity-Libel, Assault, Slander

Case Filed:

Aug 05, 2024

Docket
Parties (2)

Last checked: Sunday Sep 22, 2024 5:03 AM EDT

Defendant Abigail Finkelman Legal Aid Society 111 Livingston Street, 8th Floor Brooklym, NY 11201	Represented By Max Ephraim Rodriguez Law Office Of Max Rodriguez PLLC contact info
Plaintiff Gideon Rapaport 1078 Summit Avenue Ste 627 Jersey City, NJ 07307	Represented By Richard Allen Altman Law Office Of Richard A. Altman contact info

Docket last updated: 12/10/2024 11:59 PM EST

Monday, December 09, 2024
39		39 order Memo Endorsement Mon 12/09 4:22 PM MEMO ENDORSEMENT on re:38 Letter filed by Gideon Rapaport. ENDORSEMENT: The parties have filed letters regarding allegedly sanctionable conduct, and are HEREBY DIRECTED to cease filing letters with respect to fully briefed (and stayed) motions. See ECF No. 30. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 12/9/2024) (tg) Related: [-]
Wednesday, December 04, 2024
38		38 misc Letter Thu 12/05 10:21 AM LETTER addressed to Judge Jessica G. L. Clarke from Gideon Rapaport re: Letter in Response to Defendant Finkelman's December 2 Letter ECF No. 37.(jw) Related: [-]
Monday, December 02, 2024
37		37 misc Letter Mon 12/02 5:25 PM LETTER addressed to Judge Jessica G. L. Clarke from Max Rodriguez dated December 2, 2024 re: Plaintiff's Letter ECF no. 36. Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
36		36 misc Letter Mon 12/02 3:46 PM LETTER addressed to Judge Jessica G. L. Clarke from Gideon Rapaport dated 11/27/2024 re: Letter Update Re Motion for Sanctions Against Mr. Max Rodriguez, Counsel for Defendant Finkelman. Document filed by Gideon Rapaport. (jjc) Related: [-]
Wednesday, November 13, 2024
35		35 respm Declaration in Support of Motion Wed 11/13 6:15 PM DECLARATION of Max Rodriguez in Support re:17 MOTION to Dismiss with prejudice for failure to state a claim .. Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2
34		34 respm Reply Memorandum of Law in Support of Motion Wed 11/13 6:12 PM REPLY MEMORANDUM OF LAW in Support re:17 MOTION to Dismiss with prejudice for failure to state a claim . . Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
Friday, November 08, 2024
		order Order Fri 11/08 4:48 PM ORDER Due to a conflict with the Court's schedule, IT IS HEREBY ORDERED that the initial pretrial conference in this matter, previously scheduled for November 14, 2024 at 11:00 AM, is RESCHEDULED for January 23, 2025 at 12:00 PM . The joint letter and proposed Civil Case Management Plan and Scheduling Order, as described in ECF No. 4, shall be filed by January 16, 2025 . (HEREBY ORDERED by Judge Jessica G. L. Clarke) (Text Only Order) (Clarke, Jessica) Related: [-]
Tuesday, November 05, 2024
31		31 misc Letter Thu 11/07 11:33 AM LETTER addressed to Judge Jessica G. L. Clarke re: Letter Regarding Extension of Time. Document filed by Gideon Rapaport.(jbo) Related: [-]
Monday, November 04, 2024
33		33 respm Response in Opposition to Motion Thu 11/07 4:41 PM OPPOSITION to Motion re:17 MOTION to Dismiss with prejudice for failure to state a claim .. Document filed by Gideon Rapaport..(tro) Related: [-]
32		32 misc Letter Thu 11/07 4:40 PM LETTER addressed to Judge Jessica G. L. Clarke from Gideon Rapaport re: request for an extension of time to oppose defendant Finkelman's Motion to Dismiss. Document filed by Gideon Rapaport.(tro) Related: [-]
Thursday, October 31, 2024
		misc Letter Wed 11/06 11:06 AM LETTER addressed to Judge Jessica G. L. Clarke from Gideon Rapaport re: I am respectfully writing to inform the Court and defendant Finkelman via ECF, as is required of me by Individual Rule 4(e), that I will rely upon my current pleading.. Document filed by Gideon Rapaport..(nb) Related: [-]
Friday, October 25, 2024
30		30 3 pgs order Order on Motion for Conference Order on Motion for Extension of Time to File Fri 10/25 2:56 PM MEMO ENDORSEMENT re:28 LETTER RESPONSE in Opposition to Motion addressed to Judge Jessica G. L. Clarke from Max Rodriguez dated October 23, 2024; denying27 Letter Motion for Conference ; denying27 Letter Motion for Extension of Time to File. ENDORSEMENT: The Court has reviewed the parties' letters at ECF Nos. 25, 26, 27, and 28. The Court stays briefing on both motions for sanctions until after the Court's decision on Defendant's motion to dismiss. It seems highly unlikely, for the reasons stated in Defendant's letter herein, that any opposition from Mr. Altman would require revealing attorney-client privileged information or taking a position opposing his former client. Nonetheless, the Court sees no harm in staying briefing on both motions for sanctions until after the motion to dismiss is decided. As such, any oppositions are due two weeks after the motion to dismiss is decided, and any replies are due one week later. Mr. Altmans request for a conference is therefore denied. Plaintiff also requests expedited discovery related to Defendant's motion for sanctions. This request is likewise denied. As an initial matter, this request for expedited discovery is moot in light of the stay. Plaintiff has also failed to demonstrate the relevance of this information in disputing Defendant's argument that Plaintiff's claims are legally frivolous. The Court of Court is directed to terminate ECF No. 27. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 10/25/2024) (tg) Related: [-]
Thursday, October 24, 2024
29		29 misc Letter Fri 10/25 10:18 AM LETTER addressed to Judge Jessica G. L. Clarke Rapaport dated Not dated re: Letter through Email filed by Gideon Rapaport regarding in opposition and reply to Mr. Rodriguez's October 23 letter.(jw) Related: [-]
Wednesday, October 23, 2024
28		28 respm Response in Opposition to Motion Wed 10/23 10:55 AM LETTER RESPONSE in Opposition to Motion addressed to Judge Jessica G. L. Clarke from Max Rodriguez dated October 23, 2024 re:24 MOTION for Sanctions.,27 LETTER MOTION for Conference re:20 MOTION for Sanctions against Gideon Rapaport, Richard A. Altman, and the Law Office of Richard A. Altman .,21 Declaration in Support of Motion,22 Memorandum of Law in Support of Motion LETTER MOTION for Extension of Time to File addressed to Judge Jessica G. L. Clarke from Richard A. Altman dated October 22, 2024. [Letter Response Requesting Clarified Briefing Schedule or Denial Sua Sponte of ECF no. 24-26, and Letter in Opposition of ECF no. 27] . Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
Tuesday, October 22, 2024
27		27 motion Conference Extension of Time to File Document Tue 10/22 5:26 PM LETTER MOTION for Conference re:20 MOTION for Sanctions against Gideon Rapaport, Richard A. Altman, and the Law Office of Richard A. Altman .,21 Declaration in Support of Motion,22 Memorandum of Law in Support of Motion addressed to Judge Jessica G. L. Clarke from Richard A. Altman dated October 22, 2024., LETTER MOTION for Extension of Time to File addressed to Judge Jessica G. L. Clarke from Richard A. Altman dated October 22, 2024. Document filed by Richard Allen Altman..(Altman, Richard) Related: [-]
Monday, October 21, 2024
26		26 misc Letter Tue 10/22 3:54 PM LETTER addressed to Judge Jessica G. L. Clarke re: Letter Motion for Expedited Stay of Defendant Finkelman's Motion for Sanctions. Document filed by Gideon Rapaport.(jbo) Related: [-]
25		25 misc Letter Tue 10/22 3:50 PM LETTER addressed to Judge Jessica G. L. Clarke re: Letter Motion for Expedited Discovery Relating to Defendant Finkelman's Motion for Sanctions. Document filed by Gideon Rapaport.(jbo) Related: [-]
23		23 respm Affirmation in Support of Motion Mon 10/21 6:13 PM AFFIRMATION of Max Rodriguez in Support re:17 MOTION to Dismiss with prejudice for failure to state a claim .,20 MOTION for Sanctions against Gideon Rapaport, Richard A. Altman, and the Law Office of Richard A. Altman .. Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
22		22 23 pgs respm Memorandum of Law in Support of Motion Mon 10/21 10:11 AM MEMORANDUM OF LAW in Support re:20 MOTION for Sanctions against Gideon Rapaport, Richard A. Altman, and the Law Office of Richard A. Altman . . Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
21		21 respm Declaration in Support of Motion Mon 10/21 10:10 AM DECLARATION of Max Rodriguez in Support re:20 MOTION for Sanctions against Gideon Rapaport, Richard A. Altman, and the Law Office of Richard A. Altman .. Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Exhibit 5
20		20 motion Sanctions Mon 10/21 10:05 AM MOTION for Sanctions against Gideon Rapaport, Richard A. Altman, and the Law Office of Richard A. Altman . Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
19		19 28 pgs respm Memorandum of Law in Support of Motion Mon 10/21 9:50 AM MEMORANDUM OF LAW in Support re:17 MOTION to Dismiss with prejudice for failure to state a claim . . Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
18		18 respm Declaration in Support of Motion Mon 10/21 9:48 AM DECLARATION of Max Rodriguez in Support re:17 MOTION to Dismiss with prejudice for failure to state a claim .. Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Exhibit 5,
		Att: 6 Exhibit 6,
		Att: 7 Exhibit 7,
		Att: 8 Exhibit 8,
		Att: 9 Exhibit 9
17		17 motion Dismiss Mon 10/21 9:46 AM MOTION to Dismiss with prejudice for failure to state a claim . Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
Thursday, October 17, 2024
24		24 motion Sanctions Tue 10/22 2:33 PM MOTION Notice of Plaintiff Gideon Rapaport's Motion for Sanctions against Max E. Rodriguez Counsel For Defendant Abigail Finkelman. Document filed by Gideon Rapaport. (ar) Modified on 10/22/2024 (ar) Related: [-]
Wednesday, October 09, 2024
16		16 3 pgs order Order on Motion for Conference Wed 10/09 10:31 AM ORDER denying14 Letter Motion for Conference. The Court has reviewed Mr. Altman's letter request (ECF No. 14) and Defendant's opposition (ECF No. 15). The Court denies Mr. Altman's request for a conference or to modify the Court's September 17 Order. Mr. Altmans request is procedurally improper because it is an untimely motion for reconsideration. The Court also finds the substance of his request without merit. Mr. Altman no longer represents Plaintiff, and the Court has released Mr. Altman in that regard. He remains in this case only for the limited purpose of addressing any Rule 11 motion that may be filed against him. To the extent Mr. Altman argues that he is unable to take steps to address a Rule 11 issue now that he is no longer counsel to Plaintiff, he will have an opportunity to make that argument and to otherwise oppose any Rule 11 motion if it is filed. The Clerk of Court is directed to terminate ECF No. 14. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 10/9/2024) (tg) Related: [-]
Friday, October 04, 2024
15		15 respm Response in Opposition to Motion Fri 10/04 3:53 PM LETTER RESPONSE in Opposition to Motion addressed to Judge Jessica G. L. Clarke from Max Rodriguez dated October 4, 2024 re:14 LETTER MOTION for Conference re:11 Response to Motion, addressed to Judge Jessica G. L. Clarke from Richard A. Altman dated October 4, 2024. . Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
14		14 motion Conference Fri 10/04 1:22 PM LETTER MOTION for Conference re:11 Response to Motion, addressed to Judge Jessica G. L. Clarke from Richard A. Altman dated October 4, 2024. Document filed by Richard Allen Altman..(Altman, Richard) Related: [-]
Tuesday, September 17, 2024
13		13 1 pgs order Order ~Util - Set Deadlines ~Util - Add and Terminate Attorneys Tue 09/17 5:53 PM ORDER: Plaintiff's counsel's motion to withdraw is GRANTED. This Court will retain jurisdiction over counsel for the purpose of adjudicating any request for Rule 11 sanctions if Defendant asserts one. Should Defendant move for sanctions, the motion shall be due on October 28, 2024, the same day as Defendant's answer or motion to dismiss is due. SO ORDERED. ( Motions due by 10/28/2024.), Attorney Richard Allen Altman terminated. (Signed by Judge Jessica G. L. Clarke on 9/17/2024) (vfr) Related: [-]
Monday, September 16, 2024
12		12 1 pgs misc Letter Mon 09/16 1:48 PM LETTER addressed to Judge Jessica G. L. Clarke from Richard A. Altman dated September 16, 2024 re: Withdrawal of counsel. Document filed by Gideon Rapaport..(Altman, Richard) Related: [-]
11		11 respm Response to Motion Mon 09/16 8:50 AM LETTER RESPONSE to Motion addressed to Judge Jessica G. L. Clarke from Max Rodriguez dated September 16, 2024 re:8 LETTER MOTION to Substitute Attorney. Old Attorney: Richard A. Altman, New Attorney: unknown addressed to Judge Jessica G. L. Clarke from Richard A. Altman dated September 9, 2024. Response of Non-Opposition and Request to Retain Jurisdiction . Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
Wednesday, September 11, 2024
10		10 misc Letter Wed 09/11 1:04 PM LETTER addressed to Judge Jessica G. L. Clarke from Richard A. Altman dated September 11, 2024 re: Response to Court. Document filed by Gideon Rapaport..(Altman, Richard) Related: [-]
Tuesday, September 10, 2024
9		9 1 pgs order Order on Motion to Substitute Attorney Tue 09/10 6:17 PM ORDER terminating8 Letter Motion to Substitute Attorney. Counsel for Plaintiff is directed to file a letter by September 12, 2024 stating whether he is asserting a retaining or charging lien, pursuant to Local Rule 1.4. If Defendant opposes the motion to withdraw, Defendant shall file such opposition by September 16, 2024. The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 9/10/2024) (vfr) Related: [-]
		utility Set/Reset Deadlines Tue 09/10 6:18 PM Set/Reset Deadlines: Responses due by 9/16/2024 (vfr) Related: [-]
Monday, September 09, 2024
8		8 motion Substitute Attorney Mon 09/09 11:16 AM LETTER MOTION to Substitute Attorney. Old Attorney: Richard A. Altman, New Attorney: unknown addressed to Judge Jessica G. L. Clarke from Richard A. Altman dated September 9, 2024. Document filed by Gideon Rapaport..(Altman, Richard) Related: [-]
Thursday, August 29, 2024
7		7 order Stipulation and Order ~Util - Set Deadlines/Hearings Thu 08/29 2:47 PM STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties as follows: 1. Defendant Abigail Finkelman accepts service of the Complaint in this action as of August 27, 2024. 2. Finkelman will answer or file a motion to dismiss the Complaint on October 28,2024. Consistent with the Court's Individual Rule 4(a), no pre-motion letter will be filed prior to filing a motion to dismiss. So Ordered. Abigail Finkelman answer due 10/28/2024.( Motions due by 10/28/2024.) (Signed by Judge Jessica G. L. Clarke on 8/29/2024) (tg) Related: [-]
Wednesday, August 28, 2024
6		6 misc Proposed Stipulation and Order Wed 08/28 10:55 AM PROPOSED STIPULATION AND ORDER. Document filed by Abigail Finkelman..(Rodriguez, Max) Related: [-]
5		5 notice Notice of Appearance Wed 08/28 10:52 AM NOTICE OF APPEARANCE by Max Ephraim Rodriguez on behalf of Abigail Finkelman..(Rodriguez, Max) Related: [-]
Friday, August 09, 2024
4		4 3 pgs order Order for Initial Pretrial Conference Fri 08/09 12:25 PM NOTICE OF INITIAL PRETRIAL CONFERENCE: The conferencewill be held remotely by Microsoft Teams. Counsel will receive Microsoft Teams log-in credentials at the email addresses listed on the docket. The public listen-only line may be accessed by dialing: 646-453-4442 \| Access Code: 339578496#. As further set forth by this Order. SO ORDERED. Initial Conference set for 11/14/2024 at 11:00 AM before Judge Jessica G. L. Clarke. (Signed by Judge Jessica G. L. Clarke on 8/9/2024) (tg) Related: [-]
Wednesday, August 07, 2024
		utility Case Accepted as Related Wed 08/07 2:06 PM CASE ACCEPTED AS RELATED. Create association to 1:23-cv-06709-JGLC. Notice of Assignment to follow. (tro) Related: [-]
		notice Notice of Case Assignment/Reassignment Wed 08/07 2:33 PM NOTICE OF CASE REASSIGNMENT to Judge Jessica G. L. Clarke. Judge Unassigned is no longer assigned to the case. (tro) Related: [-]
		utility Case Designation Wed 08/07 2:39 PM Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (tro) Related: [-]
Tuesday, August 06, 2024
3		3 misc Statement of Relatedness Tue 08/06 10:03 AM STATEMENT OF RELATEDNESS re: that this action be filed as related to 23cv6709 Document filed by Gideon Rapaport..(Altman, Richard) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 08/06 12:16 PM ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Allen Altman. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 08/06 12:18 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) Related: [-]
		utility Case Designated ECF Tue 08/06 12:19 PM Case Designated ECF. (jgo) Related: [-]
		utility Case Referred as Possibly Related/Similar Tue 08/06 12:19 PM CASE REFERRED TO Judge Jessica G. L. Clarke as possibly related to 23-cv-6709. (jgo) Related: [-]
Monday, August 05, 2024
2		2 misc Civil Cover Sheet Mon 08/05 6:23 PM CIVIL COVER SHEET filed..(Altman, Richard) Related: [-]
1		1 8 pgs cmp Complaint Mon 08/05 6:18 PM COMPLAINT against Abigail Finkelman. (Filing Fee $ 405.00, Receipt Number ANYSDC-29706837)Document filed by Gideon Rapaport..(Altman, Richard) Related: [-]
		Att: 1 Exhibit Photograph,
		Att: 2 Exhibit Comment Thread

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