| No. | Date | Description |
| 1 | 8-7-2007 | Summons and Endorsed Complaint
served on August 7th by hand delivery
|
| 2 | 8-14-2007 | ECM Answer with Affirmative Defense - Failure to State a Claim
served on August 20th by mail
|
| 3 | 8-20-2007 | ECM Notice of Motion to Dismiss Action
served on August 20th by mail
returnable September 6, 2007
supporting affidavit by Evan Maloney
|
| 4 | 8-20-2007 | ECM Amended Notice of Motion
returnable September 6, 2007
|
| 5 | 8-31-2007 | ECM further affidavit that no answering papers were received by August 28, 2007, due date
|
| 6 | 8-31-2007 | Answering Affidavit of Todd Ofsink
Exhibit A - ECM sign that "Todd Layne Clearners Sucks and Is Overpriced"
Exhibit B - ECM statement about Todd Layne Cleaners
Exhibit C - Note: "Please give this to him and ask him how far he wants to go with this"
Exhibit D - photograph of awning above Todd Layne Cleaners
|
| 7 | 8-31-2007 | Ofsink Memorandum of Law
|
| 8 | 9-5-2007 | ECM Reply Affidavit and Brief
|
| 9 | 9-27-2007 | Ofsink motion by Order to Show Cause to remove case to Supreme Court and for an Injunction
Assigned to IAS Part 10 - Hon. Judith J. Gische
Temporary Restraining Order not granted
Affirmation by Damien Matthew Bosco
Affidavit by Todd Ofsink
Exhibit A - Civil Court Summons and Endorsed Complaint
Exhibit B - proposed Supreme Court complaint
Exhibit C - ECM Civil Court Answer & Affirmative Defense
Exhibit D - ECM Motion to Dismiss Civil Court action
Exhibit E - Ofsink Answering Papers on Motion to Dismiss
Exhibit F - ECM sign that "Todd Layne Clearners Sucks and Is Overpriced"
Exhibit G - ECM statement about Todd Layne Cleaners
Exhibit H - Note: "Please give this to him and ask him how far he wants to go with this"
Exhibit I - photograph of awning above Todd Layne Cleaners
Exhibit J - Ofsink Transmittal Letter to ECM with Order to Show Cause
|
| 10 | 9-27-2007 | Ofsink Memorandum of Law in Support of Order to Show Cause to Remove Case to Supreme Court
|
| 11 | 10-4-2007 | Transcript of Court Appearance before Justice Gische
Present: ECM; Todd Ofsink; and Damien Matthew Bosco
|
| 12 | 10-4-2007 | Short Form Order by Justice Gische
motion submitted
plaintiff to provide transcript
TRO that ECM "prohibited from entering the premises of preventing others from entering plaintiff's place of business."
|
| 13 | 10-12-2007 | Decision by Hon. Shlomo Hagler of Civil Court
defamation claim dismissed
tort claims not dismissed
sanctions denied
October 16, 2007, cover letter with corrected Index Number
|
| 14 | 10-23-2007 | ECM letter to Justice Gische enclosing Judge Hagler decision
|
| 15 | 11-26-2007 | Ofsink Notice of Entry of Justice Gische decision dated November 19, 2007
removal granted and file transferred from Civil Court
plaintiff permitted to serve amended complaint
Preliminary Injunction per TRO granted
plaintiff to post $500 undertaking
|
| 16 | 11-27-2007 | Ofsink - Amended Complaint (Exhibit B to OSC)
amended complaint served on November 29, 2007 by in hand delivery to ECM at home (?? Check if correct)
|
| 17 | 12-4-2007 | Justice Gische by clerk, Eileen Kaspar, rejecting action by letters, directing parties to proceed only by formal motion, and enclosing the following:
ECM letter (misdated 10-23-07, but sent 12-3-07) to Justice Gische seeking reconsideration of Preliminary Injunction
Bosco letter dated 12-4-07 to Justice Gische in response to ECM request to reconsider Preliminary Injunction
|
| 18 | 12-6-2007 | Preliminary Conference Order
Demand for Bill of Particulars by January 15, 2008
Demand for Discovery & Inspection by January 15, 2008
Ofsink's deposition to be taken by March 4, 2008
ECM's deposition to be taken by March 6, 2008
Compliance conference May 8, 2008
Discovery cut-off deadline May 9, 2008
|
| 19 | 12-7-2007 | ECM Motion to Reargue
Exhibit A - Justice Gische decision dated November 19, 2007
Exhibit B - ECM letter to Court sent December 3, 2007
Exhibit C - Bosco answering letter dated December 4, 2007
Exhibit D - ECM reply letter dated December 5, 2007
Clerk's return notice - failure to pay $45 motion fee
|
| 20 | 12-18-2007 | ECM Answer to Supreme Court complaint
affidavit of mail service on December 18, 2007
|
| 21 | 12-26-2007 | ECM Amended Notice of Motion to Reargue
Count Clerk receipt for $45 motion fee
transmittal letter to County Clerk
affidavit of mail service dated December 7, 2007 (?)
|
| 22 | 1-4-08 | Ofsink Answering papers to ECM Motion to reargue
received on 1-11-08
Bosco affirmation
Todd Ofsink affidavit
Exhibit A - Gische short form order dated November 8, 2007, and her decision dated November 19, 2008, subject of reargument
Exhibit B - Ofsink affidavit of September 26, 2007, for removal and injunction
Exhibit C - note: "please give this to him and ask him how far he wants to go with this"
Exhibit D - transcript of October 4, 2007, court appearance on Ofsink Order to Show Cause for removal
Exhibit E - still shots from surveillance video
Exhibit F - Brian Terminal printout about case
Exhibit G - Daily News story
Exhibit H - NYPD incident information slip
Exhibit I - ECM letter dated December 18, 2007, to Bosco that motion returned by Clerk
Exhibit J - ECM letter dated December 26, 2007 to Clerk, copied to Bosco, with amended notice of motion
photocopy of ECM envelope mailed December 18, 2007, with motion papers
Ofsink envelope showing answering papers mailed on January 4, 2008
|
| 23 | 1-4-08 | Ofsink Memorandum of Law in opposition to ECM Motion to Reargue
|
| 24 | 1-10-08 | Ofsink Notice of Non-Party Deposition of Jill Butterfield
Ofsink envelope showing answering papers mailed on January 10, 2008
NOTE: no subpoena - service apparently made by mail only - notice is legally defective
|
| 25 | 1-15-08 | ECM discovery demands
proof of filing
expert witness information
witness information
statements
1st interrogatories and document demand
affidavit of mail service on January 15, 2008
|
| 26 | 1-15-08 | Ofsink's first interrogatories and notice to produce documents
Ofsink envelope showing papers mailed on January 15, 2008; received by ECM on January 18, 2008
|
| 27 | 1-30-08 | Ofsink Notice of Entry of Justice Gische ruling denying reargument, dated January 17, 2008, and entered January 28, 2008
Ofsink envelope showing Notice of Entry mailed on January 30, 2008
|
| 28 | 2-11-08 | Ofsink response to ECM's discovery demands
Ofsink envelope showing Notice of Entry mailed on February 11, 2008; received by ECM on February 14, 2008
|
| 29 | 2-20-08 | Ofsink motion by Order to Show Cause to amend caption
Bosco affirmation in support dated February 13, 2008
Todd Ofsink affidavit in support sworn to February 13, 2008
Exhibit A - Civil Court summons and endorsed complaint
Exhibit B - Justice Gische short form order dated November 8, 2007, and decision dated November 19, 2007, granting removal
Exhibit C - plaintiff's verified amended complaint
Exhibit D - preliminary conference order dated December 6, 2008
Exhibit E - ECM verified answer
Exhibit F - verified Second Amended Complaint with new caption
Exhibit G - certificate of incorporation for Manhattan 10021 and certificate of assumed name d/b/a Todd Layne Cleaners
papers served February 28, 2008
|
| 30 | 2-13-08 | Ofsink Memorandum of Law for leave to amend caption
papers, including brief, received by ECM on February 28, 2008
|
| 31 | 2-27-08 | ECM Motion to Compel Plaintiff to Answer Discovery Demands and for Sanctions
ECM affidavit in support
Exhibit 1 - ECM's discovery demands
Exhibit 2 - Ofsink's non-responsive discovery
Exhibit 3 - Sec'y of State printout re Todd Layne Cleaners
Exhibit 4 - Sec'y of State printout re Manhattan 10021
ECM affidavit of overnight mail service on February 27, 2008
|
| 32 | 3-13-08 | Ofsink cross-motion to compel |
| 33 | 3-13-08 | Ofsink Memorandum of Law in support of cross-motion to compel |
| 34 | 3-31-08 | Ofsink letter to Hon. Marcy S. Friedman - no opposition from ECM on motion to amend caption; motion should be granted on default |
| 35 | 4-3-08 | Notice of Entry of Justice Gische's decision granting motion to amend caption on default |
| 36 | 4-15-08 | Justice Gische's decision granting motion to amend caption on default |
| 37 | 6-12-08 | ECM motion and Ofsink cross-motion decision adjourned to July 24, 2008; order to produce discovery materials |
| 38 | 7-10-08 | ECM Answers to Ofsink Interrogatories |
| 39 | 7-10-08 | ECM Response to Ofsink Document Demands |
| 40 | 7-10-08 | Ofsink Response to Document Demands
Refuses to respond to any substantive request
Only turns over documents showing business existence of Todd Layne Cleaners and Manhattan10021 LLC
Does not provide any documentation for their claims against ECM
|
| 41 | 7-24-08 | ECM Answering Affidavit to Ofsink Cross-Motion |
| 42 | 7-24-08 | Compliance Conference with Gische, transcript of court appearance
Judge took dim view of Ofsink's refusal to turn over discovery
No confidentiality agreement for video tapes
Invited ECM to move to strike complaint if Ofsink continues to refuse to turn over discovery
|
| 43 | 10-16-08 | Motion conference with Gische, transcript of court appearance including decision
Judge rejects Ofsink's invocation of privilege to resist discovery
Judge rejects Ofsink's claim of copyright protection to resist discovery
Judge orders Ofsink to turn over all discovery demands by ECM except answers to Interrogatories 11 and 13
|