On January 12, 2021 a
Motion-Secondary
was filed
involving a dispute between
Originclear Inc,
Progressive Water Treatment Inc,
Tener R Eckelberry Jr,
and
Ikahn Capital Llc,
in the District Court of Ontario County.
Preview
FILED: ONTARIO COUNTY CLERK 02/19/2021 04:24 PM INDEX NO. 128590-2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/19/2021
202102190297 Index # : 128590-2021
At the Supreme Court of the
State of New York, County of
Ontario, on the __ day of
__________ 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,
ORDER TO SHOW
Plaintiffs, CAUSE
-against-
IKAHN CAPITAL LLC,
Defendants.
UPON, the accompanying Affirmation of Steven W. Wells dated February 19, 2021 and
upon all of the papers and pleadings heretofore had herein;
LET, Defendant, iKahn Capital LLC (“Defendant”) appear and show cause before this
Court on the ___ day of __________ 2021 via a virtual appearance on Microsoft Teams at
_________ of that day, or as soon thereafter as counsel may be heard, why an order should not
be made pursuant to CPLR § 321(b) relieving Wells & Mendelberg PLLC (Steven W. Wells,
Esq.) as Defendant’s counsel of record, issuing a stay of the proceedings, including deadlines for
submitting opposition to Plaintiffs’ pending motion for a preliminary injunction (the “Motion”)
and Defendant’s deadline for responding to the Complaint, to permit Defendant time to retain
substitute counsel; and it is further
1
202102190297 IndexNO.
INDEX #: 128590-2021
128590-2021
FILED: ONTARIO COUNTY CLERK 02/19/2021 04:24 PM
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/19/2021
ORDERED, that, until further order of this Court, the deadlines for submitting
opposition and reply papers to the Motion, and Defendant’s deadline for responding to the
Complaint, are hereby stayed; and it is further
ORDERED, that sufficient reason appearing therefore, let service of this order, together
with the papers on which it was granted, be served upon Defendant via electronic mail to Jeff
Kahn at jeff@ikahncapital.com, and upon attorneys for Plaintiff via electronic filing on the
NYSCEF system, on or before ______________________, which shall be deemed good and
sufficient notice of this application; and it is further
ORDERED, that responding papers, if any, shall be electronically filed on or before
February __, 2021, and also served upon Defendant via electronic mail to Jeff Kahn at
jeff@ikahncapital.com.
Dated: February __, 2021
_____________________________
HON. J. SCOTT ODORISI, J.S.C.
ENTER:
2
Preview
FILED: ONTARIO COUNTY CLERK 02/19/2021 04:24 PM INDEX NO. 128590-2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/19/2021 202102190297 Index # : 128590-2021 At the Supreme Court of the State of New York, County of Ontario, on the __ day of __________ 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, ORDER TO SHOW Plaintiffs, CAUSE -against- IKAHN CAPITAL LLC, Defendants. UPON, the accompanying Affirmation of Steven W. Wells dated February 19, 2021 and upon all of the papers and pleadings heretofore had herein; LET, Defendant, iKahn Capital LLC (“Defendant”) appear and show cause before this Court on the ___ day of __________ 2021 via a virtual appearance on Microsoft Teams at _________ of that day, or as soon thereafter as counsel may be heard, why an order should not be made pursuant to CPLR § 321(b) relieving Wells & Mendelberg PLLC (Steven W. Wells, Esq.) as Defendant’s counsel of record, issuing a stay of the proceedings, including deadlines for submitting opposition to Plaintiffs’ pending motion for a preliminary injunction (the “Motion”) and Defendant’s deadline for responding to the Complaint, to permit Defendant time to retain substitute counsel; and it is further 1 202102190297 IndexNO. INDEX #: 128590-2021 128590-2021 FILED: ONTARIO COUNTY CLERK 02/19/2021 04:24 PM NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/19/2021 ORDERED, that, until further order of this Court, the deadlines for submitting opposition and reply papers to the Motion, and Defendant’s deadline for responding to the Complaint, are hereby stayed; and it is further ORDERED, that sufficient reason appearing therefore, let service of this order, together with the papers on which it was granted, be served upon Defendant via electronic mail to Jeff Kahn at jeff@ikahncapital.com, and upon attorneys for Plaintiff via electronic filing on the NYSCEF system, on or before ______________________, which shall be deemed good and sufficient notice of this application; and it is further ORDERED, that responding papers, if any, shall be electronically filed on or before February __, 2021, and also served upon Defendant via electronic mail to Jeff Kahn at jeff@ikahncapital.com. Dated: February __, 2021 _____________________________ HON. J. SCOTT ODORISI, J.S.C. ENTER: 2