Shamshiev v. Bittleman et al
Filing
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ORDER granting 16 Letter Motion for Extension of Time to File. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 10/23/2024) (vfr)
LEVIN-EPSTEIN & ASSOCIATES,
_________________________________________________________________
60 East 42nd Street • Suite 4700 • New York, New York
T: 212.792.0048 • E: Jason@levinepstein.com
10/23/2024
VIA ECF
The Honorable Analisa Torres, U.S.D.J.
U.S. District Court, Southern District of New York
500 Pearl St.
New York, NY 10007-1312
Re:
Shamshiev v. Bittleman et al
Case No.: 1:24-cv-04655-AT
Dear Honorable Judge Torres:
This law firm represents Plaintiff Mirjalol Shamshiev (the “Plaintiff”) in the abovereferenced matter.
Pursuant to Your Honor’s Individual Motion Practice Rules, this letter respectfully serves
to request an extension of time to file affidavits of service as to non-appearing defendants Demetri
Lerner and Robert Pinkow from October 25, 2024 to, through and including, November 8, 2024.
This is the first request of its kind. If granted, this request would not affect any other Courtscheduled deadlines.
The basis for this request is that Plaintiff’s process servers are still in the process of
accomplishing service on non-appearing defendants Demetri Lerner and Robert Pinkow.
By way of background, counsel for appearing defendant Wall Street Bath and Health Club,
Inc. (the “Corporate Defendant”), Terry Anthony Brostowin (“Attorney Brostowin”), contacted
the undersigned on or around July 9, 2024. It was the undersigned’s understanding, based on the
July 9, 2024 meet-and-conferral, that Attorney Brostowin would be appearing on behalf of each
Defendant. This understanding was reinforced by the representations contained in the answer filed
on September 1, 2024. [Dckt. No. 11].
As of the date of this filing, the undersigned has contacted Attorney Brostowin, to see
whether he would be accepting service, on behalf of the non-appearing defendants. Out of an
abundance of caution, Plaintiff’s process servers have also been instructed to accomplish service
as soon as practicable.
In the event of the non-appearing Defendants continued failure to appear, the undersigned
anticipates proceeding with the filing of an application for a clerk’s certificate of default judgment.
In light of the foregoing, it is respectfully requested that the Court grant an extension of
time to file affidavits of service as to non-appearing defendants Demetri Lerner and Robert Pinkow
from October 25, 2024 to, through and including, November 8, 2024.
Thank you, in advance, for your time and attention to this matter.
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Respectfully submitted,
LEVIN-EPSTEIN & ASSOCIATES, P.C.
By: /s/ Jason Mizrahi
Jason Mizrahi, Esq.
60 East 42nd Street, Suite 4700
New York, New York 10165
Tel. No.: (212) 792-0048
Email: Jason@levinepstein.com
Attorneys for Plaintiff
VIA ECF: All Counsel
GRANTED.
SO ORDERED.
Dated: October 23, 2024
New York, New York
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