Hindman LLC -v-Harry Mihaly et al

Filing 63

ORDER: The Court DENIES the application. All dates and deadlines in this case remain in place. These include the date, December 7, 2022, for Mr. Ehrenreich's deposition, which is to go forward as scheduled. In the event of a court ruling in the action brought by Mr. Ehrenreich in Illinois, of course, the Court, upon notice of such ruling, will reassess the schedule and status of this action. Plaintiffs counsel has indicated that he intends to question Mr. Mihaly about these questions and re quests at today's deposition, Dkt. 60, including, no doubt, seeking a clear and specific articulation of the answers to these questions and an identification of materials responsive to these requests that are in Mr. Mihaly's possession, cus tody, or control. Such questions areappropriate, and the Court expects Mr. Mihaly to be prepared to knowledgably answer them. Following the deposition, if defense counsel believes that there are good faith bases to object to the pending information a nd document subpoenas or parts therefore, defense counsel may so move in writing for appropriate relief. The Court will take up any such disputes at the next hearing scheduled in this matter, scheduled for December 14, 2022. Lastly, owing to a confli ct in the Court's schedule, the December 14, 2022 hearing, to be held in person in Courtroom 1305 at 40 Foley Square, New York, New York 10007, will now be held at 2:30pm, rather than 2pm. For avoidance of doubt, defendants Mihaly and Ehrenreich are both directed to appear in person at that hearing. And as set forth herein. SO ORDERED., ( Status Conference set for 12/14/2022 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/06/2022) (ama)

Case 1:21-mc-00452-PAE Document 63 Filed 12/06/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

--------------------------------------------------------------- X

HINDMAN LLC,
Plaintiff,

-v-

21 Mic. 452 (PAE)
ORDER

HARRY MIHALY et al.,
Defendants.

----------------------------------------------------------------------- X
PAUL A. ENGELMAYER, District Judge:
On December 6, 2022, the Court received an application by defendant Yacov Ehrenreich
for emergency relief seeking an order to stay the execution proceedings in this action pending the
resolution of an action Mr. Ehrenreich has filed in the United States District Court for the
Northern District of Illinois, Eastern Division. In that action, Mr. Ehrenreich seeks to vacate a
default judgment entered against him, which forms the basis for the registered judgment
underlying this action. Dkt. 62.
The Court DENIES the application. All dates and deadlines in this case remain in place.
These include the date, December 7, 2022, for Mr. Ehrenreich's deposition, which is to go
forward as scheduled. In the event of a court ruling in the action brought by Mr. Ehrenreich in
Illinois, of course, the Court, upon notice of such ruling, will reassess the schedule and status of
this action.
Separately, the Court has also received counsel's letters, see Dkts. 53-1, 60, 61, regarding
defendant Harry Mihaly's objections to every question in the information subpoena plaintiff has
served on him, and his objections to every document request in the subpoena duces tecum served
on him.

Case 1:21-mc-00452-PAE Document 63 Filed 12/06/22 Page 2 of 2

Plaintiffs counsel has indicated that he intends to question Mr. Mihaly about these questions
and requests at today's deposition, Dkt. 60, including, no doubt, seeking a clear and specific
articulation of the answers to these questions and an identification of materials responsive to
these requests that are in Mr. Mihaly's possession, custody, or control. Such questions are
appropriate, and the Court expects Mr. Mihaly to be prepared to knowledgably answer them.
Following the deposition, if defense counsel believes that there are good faith bases to object to
the pending information and document subpoenas or parts therefore, defense counsel may so
move in writing for appropriate relief. The Court will take up any such disputes at the next
hearing scheduled in this matter, scheduled for December 14, 2022.
Lastly, owing to a conflict in the Court's schedule, the December 14, 2022 hearing, to be
held in person in Courtroom 1305 at 40 Foley Square, New York, New York 10007, will now be
held at 2:30pm, rather than 2pm. For avoidance of doubt, defendants Mihaly and
Ehrenreich are both directed to appear in person at that hearing.

PJMX �- t�gdy

SO ORDERED.

Paul A. Engelmayer
United States District Judge
Dated: December 6, 2022
New York, New York

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