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FILED: ONTARIO COUNTY CLERK 02/12/2021 11:19 PM INDEX NO. 128590-2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/12/2021
202102160026 Index # : 128590-2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONTARIO
ORIGINCLEAR INC DBA ORIGINCLEAR /
PROGRESSIVE WATER TREATMENT INC DBA
ORIGINCLEAR / PROGRESSIVE WATER TREATMENT Index No. 128590-2021
and TENER RIGGS ECKELBERRY,
STIPULATION
Plaintiffs, AND ORDER
-against-
IKAHN CAPITAL LLC,
Defendants.
WHEREAS, this action was commenced on January 12, 2021 by the filing of a
Summons and Complaint. See NYSCEF Docket Entry No. 2.
WHEREAS, Plaintiffs, through a Proposed Order to Show Cause filed on January 12,
2021 (NYSCEF Docket Entry No. 7), sought a temporary restraining order and preliminary
injunction to enjoin any and all collection efforts by iKahn Capital LLC with respect to a
judgment granted on November 6, 2018 in an action entitled Ikahn Capital LLC v. Origin Clear
Inc et al, Index No. 121170-2018 (Ontario Cnty. Sup. Ct.) (“Judgment”). See id. at NYSCEF
Docket Entry No. 5.
WHEREAS, on January 15, 2021, the Court held a hearing on the temporary restraining
relief sought after in the Proposed OTSC.
WHEREAS, on January 15, 2021, the Court signed the OTSC, granting therein a
temporary restraining order and enjoining Defendant from any and all collection efforts against
Plaintiffs with respect to the Judgment and establishing a briefing and hearing schedule for the
preliminary injunctive relief sought in the OTSC.
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WHEREAS, the OTSC provides for: (a) Defendant’s opposition to the OTSC and any
cross-motion shall be filed on or before February 10, 2021, (b) Plaintiffs’ reply in further support
to the OTSC and, if necessary, any opposition to Defendant’s cross-motion shall be filed on or
before February 24, 2021 and, (c) if necessary, Defendant’s reply in further support to its cross-
motion shall be filed on or before March 10, 2021, and a return date of March 16, 2021.
WHEREAS, the Parties agreed to a stipulation that was ordered on February 11, 2021
which delayed the briefing schedule (NYSCEF Docket Entry No. 21).
WHEREAS, Defendant and the law firm of Wells & Mendelberg PLLC have
irreconcilable differences and Defendant has terminated representation by Wells & Mendelberg
PLLC.
WHEREAS, counsel for Defendant requests that Plaintiffs extend the deadlines set forth
in the OTSC for a second time for Defendant to retain new counsel.
NOW, it is here by stipulated and agreed as follows:
1. Defendant hereby consents to the TRO granted by the OTSC extending and
equally applying to any and all collection efforts by Defendant with respect to a
Settlement Agreement, dated February 7, 2019 (NYSCEF Docket Entry No. 6);
2. Defendant’s deadline for filing its opposition to the OTSC and any cross-motion
is hereby extended until February 24, 2021, subject to this Court’s approval, on
consent;
3. Plaintiffs’ deadline for filing its reply in further support of the OTSC and, if
necessary, its opposition to Defendant’s cross-motion is hereby extended until
March 10, 2021, subject to this Court’s approval, on consent;
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4. If necessary, Defendant’s deadline for filing its reply in further support of its
cross-motion is hereby extended until March 24, 2021, subject to this Court’s
approval, on consent;
5. Defendant’s deadline for responding to the Complaint is also extended until
February 24, 2021;
6. The hearing on Plaintiffs’ preliminary injunction and Defendant’s cross-motion, if
any, shall be held on March 30, 2021 at 2 P.M. in the afternoon of that day; and
7. Outgoing counsel for Defendant, Wells & Mendelberg PLLC (Steven W. Wells,
Esq.) shall serve a copy of this Stipulation and Order upon Defendant via email to
Jeff Kahn at jeff@ikahncapital.com within twenty-four (24) hours after it is
entered as an Order by the Court.
THE BASILE LAW FIRM P.C. WELLS & MENDELBERG PLLC
Attorneys for Plaintiffs Attorneys for Defendant
By: _/s/ Gustave P. Passanante___ By: _Steven W. Wells____________
Gustave P. Passanante, Esq. Steven W. Wells, Esq.
390 N. Broadway Ste 140 2510B Hall Road
Jericho, New York 11753 Lancaster, New York 14086
Tel: (516) 455-1500 Tel: (716) 983-4750
Email: gus@thebasilelawfirm.com Email: steve@wmlegal.net
SO ORDERED:
________________________________
HON. J. SCOTT ODORISI, J.S.C.
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CERTIFICATION
The filing attorney attests that he has obtained concurrence regarding the filing of this document
from the signatories to this document.
DATED: Lancaster, New York THE BASILE LAW FIRM P.C.
February 12, 2021
By: Steven W. Wells
Steven W. Wells, Esq.
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Preview
FILED: ONTARIO COUNTY CLERK 02/12/2021 11:19 PM INDEX NO. 128590-2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/12/2021 202102160026 Index # : 128590-2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO ORIGINCLEAR INC DBA ORIGINCLEAR / PROGRESSIVE WATER TREATMENT INC DBA ORIGINCLEAR / PROGRESSIVE WATER TREATMENT Index No. 128590-2021 and TENER RIGGS ECKELBERRY, STIPULATION Plaintiffs, AND ORDER -against- IKAHN CAPITAL LLC, Defendants. WHEREAS, this action was commenced on January 12, 2021 by the filing of a Summons and Complaint. See NYSCEF Docket Entry No. 2. WHEREAS, Plaintiffs, through a Proposed Order to Show Cause filed on January 12, 2021 (NYSCEF Docket Entry No. 7), sought a temporary restraining order and preliminary injunction to enjoin any and all collection efforts by iKahn Capital LLC with respect to a judgment granted on November 6, 2018 in an action entitled Ikahn Capital LLC v. Origin Clear Inc et al, Index No. 121170-2018 (Ontario Cnty. Sup. Ct.) (“Judgment”). See id. at NYSCEF Docket Entry No. 5. WHEREAS, on January 15, 2021, the Court held a hearing on the temporary restraining relief sought after in the Proposed OTSC. WHEREAS, on January 15, 2021, the Court signed the OTSC, granting therein a temporary restraining order and enjoining Defendant from any and all collection efforts against Plaintiffs with respect to the Judgment and establishing a briefing and hearing schedule for the preliminary injunctive relief sought in the OTSC. 1 1 of 4 202102160026 IndexNO. INDEX #: 128590-2021 128590-2021 FILED: ONTARIO COUNTY CLERK 02/12/2021 11:19 PM NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/12/2021 WHEREAS, the OTSC provides for: (a) Defendant’s opposition to the OTSC and any cross-motion shall be filed on or before February 10, 2021, (b) Plaintiffs’ reply in further support to the OTSC and, if necessary, any opposition to Defendant’s cross-motion shall be filed on or before February 24, 2021 and, (c) if necessary, Defendant’s reply in further support to its cross- motion shall be filed on or before March 10, 2021, and a return date of March 16, 2021. WHEREAS, the Parties agreed to a stipulation that was ordered on February 11, 2021 which delayed the briefing schedule (NYSCEF Docket Entry No. 21). WHEREAS, Defendant and the law firm of Wells & Mendelberg PLLC have irreconcilable differences and Defendant has terminated representation by Wells & Mendelberg PLLC. WHEREAS, counsel for Defendant requests that Plaintiffs extend the deadlines set forth in the OTSC for a second time for Defendant to retain new counsel. NOW, it is here by stipulated and agreed as follows: 1. Defendant hereby consents to the TRO granted by the OTSC extending and equally applying to any and all collection efforts by Defendant with respect to a Settlement Agreement, dated February 7, 2019 (NYSCEF Docket Entry No. 6); 2. Defendant’s deadline for filing its opposition to the OTSC and any cross-motion is hereby extended until February 24, 2021, subject to this Court’s approval, on consent; 3. Plaintiffs’ deadline for filing its reply in further support of the OTSC and, if necessary, its opposition to Defendant’s cross-motion is hereby extended until March 10, 2021, subject to this Court’s approval, on consent; 2 2 of 4 202102160026 IndexNO. INDEX #: 128590-2021 128590-2021 FILED: ONTARIO COUNTY CLERK 02/12/2021 11:19 PM NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/12/2021 4. If necessary, Defendant’s deadline for filing its reply in further support of its cross-motion is hereby extended until March 24, 2021, subject to this Court’s approval, on consent; 5. Defendant’s deadline for responding to the Complaint is also extended until February 24, 2021; 6. The hearing on Plaintiffs’ preliminary injunction and Defendant’s cross-motion, if any, shall be held on March 30, 2021 at 2 P.M. in the afternoon of that day; and 7. Outgoing counsel for Defendant, Wells & Mendelberg PLLC (Steven W. Wells, Esq.) shall serve a copy of this Stipulation and Order upon Defendant via email to Jeff Kahn at jeff@ikahncapital.com within twenty-four (24) hours after it is entered as an Order by the Court. THE BASILE LAW FIRM P.C. WELLS & MENDELBERG PLLC Attorneys for Plaintiffs Attorneys for Defendant By: _/s/ Gustave P. Passanante___ By: _Steven W. Wells____________ Gustave P. Passanante, Esq. Steven W. Wells, Esq. 390 N. Broadway Ste 140 2510B Hall Road Jericho, New York 11753 Lancaster, New York 14086 Tel: (516) 455-1500 Tel: (716) 983-4750 Email: gus@thebasilelawfirm.com Email: steve@wmlegal.net SO ORDERED: ________________________________ HON. J. SCOTT ODORISI, J.S.C. 3 3 of 4 202102160026 IndexNO. INDEX #: 128590-2021 128590-2021 FILED: ONTARIO COUNTY CLERK 02/12/2021 11:19 PM NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/12/2021 CERTIFICATION The filing attorney attests that he has obtained concurrence regarding the filing of this document from the signatories to this document. DATED: Lancaster, New York THE BASILE LAW FIRM P.C. February 12, 2021 By: Steven W. Wells Steven W. Wells, Esq. 4 4 of 4