Soundani v. Soudani

New York Southern District Court
Judge:Cathy Seibel
Case #: 7:25-cv-00176
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity Action
Case Filed:Jan 08, 2025
Last checked: Wednesday Jan 08, 2025 5:06 PM EST
Defendant
Mout'z Soudani
Plaintiff
Martin Soundani


Docket last updated: 01/17/2025 11:59 PM EST
Friday, January 17, 2025
minutes Status Conference ~Util - Set Hearings Fri 01/17 4:25 PM
Minute Entry for proceedings held before Judge Cathy Seibel: Status Conference held on 1/17/2025. Plaintiff's counsel(s) Aytan Bellin, Esq. and Arthur Middlemiss, Esq. are present. Defendant's counsel Thomas Landrigan, Esq. is present. Law Clerk Abigail Tubin is present. The Court will keep the Temporary Restraining Order in place. The parties inform the Court that they will confer to see if a resolution can be done. The Court schedules a conference for January 24, 2025 at 10:15 a.m. in Courtroom 621. If the parties can not reach a deal, then the Court will set a schedule for expedited pre-hearing briefing as well as a hearing. See transcript. (Status Conference set for 1/24/2025 at 10:15 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel). (Court Reporter Christina Arends-Dieck) (wc)
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Wednesday, January 15, 2025
22 22 order Order on Motion for Extension of Time Wed 01/15 6:49 PM
ORDER granting14 Letter Motion for Extension of Time: As the Temporary Restraining Order remains in place and will remain in place pending the rescheduled hearing, I see no harm in a brief adjournment to allow Defendant's counsel to get up to speed. The parties shall appear on Friday at 9:30 to discuss when the hearing can occur (the Court is available January 24) and the extent to which stipulations may reduce the time required for the hearing. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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21 21 respm Response to Motion Wed 01/15 6:25 PM
LETTER RESPONSE to Motion addressed to Judge Cathy Seibel from Aytan Y. Bellin dated January 15, 2025 re:14 FIRST LETTER MOTION for Extension of Time addressed to Judge Cathy Seibel from Thomas Landrigan dated 1/15/2025.,11 LETTER MOTION for Oral Argument Plaintiff's Letter Motion Requesting Permission for Non-Party Witness to Testify Virtually addressed to Judge Cathy Seibel from Aytan Y. Bellin dated 01/13/2025. Plaintiff's Opposition to Defendant's Request for an Adjournment . Document filed by Martin Soundani..(Bellin, Aytan)
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20 20 7 pgs respm Memorandum of Law in Opposition to Motion Wed 01/15 6:04 PM
FIRST MEMORANDUM OF LAW in Opposition re:14 FIRST LETTER MOTION for Extension of Time addressed to Judge Cathy Seibel from Thomas Landrigan dated 1/15/2025.,11 LETTER MOTION for Oral Argument Plaintiff's Letter Motion Requesting Permission for Non-Party Witness to Testify Virtually addressed to Judge Cathy Seibel from Aytan Y. Bellin dated 01/13/2025. . Document filed by Mout'z Soudani(in his capacity as the Trustee of the Mout'z F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust), Mout'z Soudani(Individually)..(Seiss, Kyle)
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19 19 notice Notice of Appearance Wed 01/15 5:36 PM
NOTICE OF APPEARANCE by Arthur D. Middlemiss on behalf of Martin Soundani..(Middlemiss, Arthur)
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18 18 misc Letter Wed 01/15 4:35 PM
FIRST LETTER addressed to Judge Cathy Seibel from Thomas C. Landrigan dated January 15, 2025 re: stay of proceedings. Document filed by Mout'z Soudani(in his capacity as the Trustee of the Mout'z F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust), Mout'z Soudani(Individually)..(Landrigan, Thomas)
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17 17 notice Notice of Appearance Wed 01/15 4:25 PM
NOTICE OF APPEARANCE by Kyle Allen Seiss on behalf of Mout'z Soudani(in his capacity as the Trustee of the Mout'z F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust), Mout'z Soudani(Individually)..(Seiss, Kyle)
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16 16 notice Notice of Appearance Wed 01/15 3:18 PM
NOTICE OF APPEARANCE by Thomas Charles Landrigan on behalf of Mout'z Soudani(in his capacity as the Trustee of the Mout'z F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust), Mout'z Soudani(Individually)..(Landrigan, Thomas)
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15 15 order Order on Motion for Extension of Time Wed 01/15 2:18 PM
ORDER deferring ruling on14 Letter Motion for Extension of Time: Plaintiff shall state his position as soon as possible. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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14 14 motion Extension of Time Wed 01/15 1:12 PM
FIRST LETTER MOTION for Extension of Time addressed to Judge Cathy Seibel from Thomas Landrigan dated 1/15/2025. Document filed by Mout'z Soudani(in his capacity as the Trustee of the Mout'z F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust), Mout'z Soudani(Individually). Return Date set for 1/15/2025 at 05:00 PM..(Seiss, Kyle)
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Tuesday, January 14, 2025
13 13 order Order on Motion for Oral Argument Tue 01/14 10:45 AM
ORDER denying11 Letter Motion: I don't fault Mr. Hickey for asking, but live testimony is much preferred and coming to White Plains from Poughkeepsie is not a hardship, so the application is denied. (Perhaps if Defendant obtains counsel there is a way for the parties to stipulate to Mr. Hickey's testimony.) Counsel for Plaintiff shall convey a copy of this text order to Defendant by email. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Monday, January 13, 2025
12 12 2 pgs order Order to Show Cause Tue 01/14 10:43 AM
ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER: ORDERED, that the above-named defendant ("Defendant") show cause before a motion term of this Court why an order should not be issued pursuant to N.Y Surr. Ct. Proc. Act ("SCPA") § 719(7) removing Defendant as the trustee of the Mout'z F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust (the "2002 Trust"); and it is further ORDERED that, sufficient reason having been shown therefor, pending the hearing of Plaintiff's application for removal as the trustee of the 2002 Trust, Defendant is temporarily suspended, pursuant to N.Y. SCPA § 719(7), as trustee of the 2002 Trust, and is temporarily restrained and enjoined from taking any actions with regard to the assets contained in that trust; and it is further ORDERED that Plaintiff shall not be required to post a bond; and it is further ORDERED that that personal service of a copy of this Order and annexed Declaration of of Plaintiff and the exhibits attached thereto, the Declaration of Aytan Y. Bellin and the exhibit attached thereto, and the Complaint in this case and the exhibits attached thereto, on Defendant in person or by email or his council on or before 1/14/25 shall be deemed good an sufficient service thereof; and opposition papers are to be filed by 5pm on 1/15/25. Show Cause Hearing set for 1/17/2025 at 09:30 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. Show Cause Response due by 1/15/2025. (Signed by Judge Cathy Seibel on 1/13/2025) (mml)
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11 11 motion Oral Argument Mon 01/13 7:31 PM
LETTER MOTION for Oral Argument Plaintiff's Letter Motion Requesting Permission for Non-Party Witness to Testify Virtually addressed to Judge Cathy Seibel from Aytan Y. Bellin dated 01/13/2025. Document filed by Martin Soundani..(Bellin, Aytan)
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10 10 service Affidavit of Service Complaints Mon 01/13 10:50 AM
AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. Mout'z Soudani(Individually) served on 1/11/2025, answer due 2/3/2025; Mout'z Soudani(in his capacity as the Trustee of the Mout'z F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust) served on 1/11/2025, answer due 2/3/2025. Document filed by Martin Soundani..(Bellin, Aytan)
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Att: 1 Affidavit Proof of Mailing
minutes Show Cause Hearing ~Util - Set Hearings Mon 01/13 3:36 PM
Minute Entry for proceedings held before Judge Cathy Seibel: Show Cause Hearing held on 1/13/2025. Plaintiff's counsel Aytan Bellin, Esq. is present. Law Clerk Abigail Tubin is present. Counsel for Defendant (in criminal case 24 CR 555), Michael Burke, Esq., is present (in gallery of courtroom). No counsel present representing Defendant in this case nor is Defendant present. The Court schedules a Preliminary Injunction hearing for January 17, 2025 at 9:30 a.m. in Courtroom 621. The Court grants temporary relief to the Plaintiff pending the hearing scheduled. Defendant's opposition to be submitted by 5:00 p.m. on Wednesday, January 15, 2025. Plaintiff's counsel is directed to notify the Defendant by 5:00 p.m. as to which witnesses will be present for the hearing. The Court signs the Order to Show Cause. See transcript. (Preliminary Injunction Hearing set for 1/17/2025 at 09:30 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel). (Court Reporter Christina Arends-Dieck) (wc)
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Friday, January 10, 2025
9 9 2 pgs order Order to Show Cause Fri 01/10 3:21 PM
ORDER TO SHOW CAUSE: Defendant shall show cause as to why an order should not be issued pursuant to N.Y Surr. Ct. Proc. Act ("SCPA") § 719(7) removing Defendant as the trustee of the Mout'z F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust (the "2002 Trust"); or why pending the hearing of Plaintiff's application for removal as the trustee of the 2002 Trust, Defendant should not be temporarily suspended, pursuant to N.Y. SCPA § 719(7), as trustee of the 2002 Trust; and it is further ORDERED that personal service of a copy of this Order and annexed Declaration of of Plaintiff and the exhibits attached thereto, the Declaration of Aytan Y. Bellin and the exhibit attached thereto, and the Complaint in this case and the exhibits attached thereto, on Defendant or his counsel on or before Jan 11 at 12 noon - but prefereably Jan 10 before 5pm, be deemed good and sufficient service thereof. Show Cause Hearing set for 1/13/2025 at 11:15 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (Signed by Judge Cathy Seibel on 1/10/2025) (mml)
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8 8 service Summons Issued Fri 01/10 10:27 AM
ELECTRONIC SUMMONS ISSUED as to Mout'z Soudani..(gp)
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misc Notice to Attorney Regarding Deficient Pleading Fri 01/10 8:47 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Aytan Yehoshua Bellin re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Mout'z Soudani 'in his individual capacity'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
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misc Notice to Attorney Regarding Party Modification Fri 01/10 8:48 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Aytan Yehoshua Bellin. The party information for the following party/parties has been modified: Mout'z Soudani. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error;. (jgo)
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notice Case Opening Initial Assignment Notice Fri 01/10 8:49 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo)
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utility Case Designation Fri 01/10 8:51 AM
Magistrate Judge Judith C. McCarthy 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] . (jgo)
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utility Case Designated ECF Fri 01/10 8:51 AM
Case Designated ECF. (jgo)
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misc Notice to Court Regarding Proposed Order Fri 01/10 9:17 AM
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd)
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misc Notice to Attorney Regarding Deficient Pleading Fri 01/10 10:34 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Aytan Yehoshua Bellin re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (gp)
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utility Add Party for Pleading Fri 01/10 10:38 AM
ADD PARTY FOR PLEADING. Defendants/Respondents Mout'z Soudani added. Party added pursuant to1 Complaint,,,,.Document filed by Martin Soundani. Related document:1 Complaint,,,,..(Bellin, Aytan)
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Wednesday, January 08, 2025
7 7 misc Proposed Order to Show Cause With Emergency Relief Wed 01/08 9:26 PM
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Martin Soundani..(Bellin, Aytan)
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Att: 1 Affidavit Declaration of Martin Soudani in Support of the Order to Show Cause,
Att: 2 Exhibit A - Moutz F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust,
Att: 3 Exhibit B - Deed dated February 11, 2002 to property located at 40 Bailey Road, Montgomery, New York 12549,
Att: 4 Exhibit C - Purported Assignment dated September 21, 2017,
Att: 5 Exhibit D - Moutz F. Soudani Grantor Trust dated on or about September 22, 2017,
Att: 6 Exhibit E - Deposit Record with Copies of Checks of Sales Proceeds from the Sale of the Bailey Property,
Att: 7 Exhibit F - Bank Account Statement from March 30 through April 30, 2024 for the 2002 Trust,
Att: 8 Exhibit G - CD for 600K re Sale,
Att: 9 Exhibit H - Account Agreement for a $600,000 Certificate of Deposit,
Att: 10 Exhibit I - Copy of Checks from the 2002 Trust Bank Account Made Out to Martin Rosenwasser,
Att: 11 Exhibit J - Restitution Check,
Att: 12 Exhibit K - New Account Deposit Dated January 5, 2024,
Att: 13 Exhibit L - Trust Checking Account Statement Covering December 30, 2023 through January 1, 2024,
Att: 14 Exhibit M - January 5, 2024 Signature Card,
Att: 15 Affidavit Declaration of Aytan Y. Bellin in Support of the Order to Show Cause,
Att: 16 Exhibit A - Bail Hearing Minutes,
Att: 17 Exhibit B - Proposed Order,
Att: 18 Supplement Plaintiff's Memorandum of Law in Support of the Order to Show Cause
6 6 misc Proposed Order to Show Cause With Emergency Relief Wed 01/08 7:17 PM
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Martin Soundani..(Bellin, Aytan)
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Att: 1 Affidavit Declaration of Martin Soudani in Support of Order to Show Caus,
Att: 2 Exhibit A - Moutz F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust,
Att: 3 Exhibit B - Deed dated February 11, 2002 to property located at 40 Bailey Road, Montgomery, New York 12549,
Att: 4 Exhibit C - Purported Assignment dated September 21, 2017,
Att: 5 Exhibit D - Moutz F. Soudani Grantor Trust dated on or about September 22, 2017,
Att: 6 Exhibit E - Deposit Record with Copies of Checks of Sales Proceeds from the Sale of the Bailey Property,
Att: 7 Exhibit F - Bank Account Statement from March 30 through April 30, 2024 for the 2002 Trust,
Att: 8 Exhibit G - CD for 600K re Sale,
Att: 9 Exhibit H - Account Agreement for a $600,000 Certificate of Deposit,
Att: 10 Exhibit I - Copy of Checks from the 2002 Trust Bank Account Made Out to Martin Rosenwasser,
Att: 11 Exhibit J - Restitution Check,
Att: 12 Exhibit K - New Account Deposit Dated January 5, 2024,
Att: 13 Exhibit L - Trust Checking Account Statement Covering December 30, 2023 through January 1, 2024,
Att: 14 Exhibit M - January 5, 2024 Signature Card,
Att: 15 Affidavit Declaration of Aytan Y. Bellin in Support of the Order to Show Cause,
Att: 16 Exhibit A - Bail Hearing Minutes,
Att: 17 Exhibit B - Proposed Order,
Att: 18 Supplement Plaintiff's memorandum of Law in Support of he Order to Show Cause
5 5 misc Statement of Relatedness Wed 01/08 6:31 PM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 24 cr 00555. Document filed by Martin Soundani..(Bellin, Aytan)
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4 4 misc Proposed Order to Show Cause With Emergency Relief Wed 01/08 5:46 PM
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Martin Soundani..(Bellin, Aytan)
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3 3 service Request for Issuance of Summons Wed 01/08 5:39 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Mout'z Soudani, re:1 Complaint,,,,. Document filed by Martin Soundani..(Bellin, Aytan)
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2 2 misc Civil Cover Sheet Wed 01/08 5:31 PM
CIVIL COVER SHEET filed..(Bellin, Aytan)
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1 1 cmp Complaint Wed 01/08 5:27 PM
COMPLAINT against Mout'z Soudani. (Filing Fee $ 405.00, Receipt Number ANYSDC-30431062)Document filed by Martin Soundani..(Bellin, Aytan)
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Att: 1 Exhibit A - Moutz F. Soudani and Elizabeth I. Ruttkay a/k/a Elizabeth Soudani Irrevocable Living Trust,
Att: 2 Exhibit B - Deed dated February 11, 2002 to property located at 40 Bailey Road, Montgomery, New York 12549,
Att: 3 Exhibit C - Purported Assignment dated September 21, 2017,
Att: 4 Exhibit D - Moutz F. Soudani Grantor Trust dated on or about September 22, 2017,
Att: 5 Exhibit E - Deposit Record with Copies of Checks of Sales Proceeds from the Sale of the Bailey Property,
Att: 6 Exhibit F - Bank Account Statement from March 30 through April 30, 2024 for the 2002 Trust,
Att: 7 Exhibit G - CD for 600K re Sale,
Att: 8 Exhibit H - Account Agreement for a $600,000 Certificate of Deposit,
Att: 9 Exhibit I - Copy of Checks from the 2002 Trust Bank Account Made Out to Martin Rosenwasser,
Att: 10 Exhibit J - Restitution Check,
Att: 11 Exhibit K - New Account Deposit Dated January 5, 2024,
Att: 12 Exhibit L - Trust Checking Account Statement Covering December 30, 2023 through January 1, 2024,
Att: 13 Exhibit M - January 5, 2024 Signature Card