On October 29, 2010 a
Letter,Correspondence
was filed
involving a dispute between
Jmb Apparel Designer Group, Inc.,
and
D-Nach, Ltd.,
Fab Mill, Inc.,
Robert S Arochas,
for Commercial Division
in the District Court of New York County.
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JOSEPH H. ADAMS, ESQ,, P.C.
ATTORNEY & COUNSELOR
53 BURD STREET
NYACK, NEw York 10960
Now 76 Burd Street (845) 353-2320
(fax) 353-6934
joelaw@attglobal net
November 8, 2010 joelaw.com
NEW YORK CITY
(212) 688-3036
Clerk of the Court or }
Judge Assigned to Case
Supreme Court
New York Count Courthouse
60 Centre Street
New York, New York 10960
Re: JMB Apparel Designer Group, Inc. v. Robert S. Arochas, et.al.
Index No. 651885; Complaint filed October 29, 2010
Sir/Madam:
Delivered to ECF herewith is an application for a preliminary injunction that
is described in the order to show cause. No immediate TRO is sought on the OTSC,
but a request is made in the order for a prompt appearance to demand expedited
limited discovery described in the submissions, and a prompt hearing. As noted
in the attorneys’ affirmation, if such a prompt hearing cannot be scheduled then
plaintiff will request a TRO at the time of the first appearance on the application.
No prior application has been made for this relief.
Submitted electronically herewith is the following:
Proposed order to show cause
Affirmation of Counsel, Joseph H. Adams, with 4 exhibits including complaint
Affidavit of Marcella Law with Exhibits A to T, and two-part Appendix
(Documents included in the Appendix are to be treated as confidential)
Affidavit of Jeffrey Scher with 1 exhibitMemorandum of Law, with Appendix of 2 pages of photographs
RJI, completed and signed for the application.
It is my understanding that, once this matter has been assigned to a Judge, the
original of the order to show cause must be submitted to the Court to sign. Since my
office is outside New York City, I will make arrangements to have that order delivered
to the Court, once a Judge has been assigned and the order may be directed to that
individual's chambers. If this is not satisfactory, | would appreciate it someone would
communicate with my office, to advise exactly how that should be done logistically.
{ direct the Court's attention to that text of the last paragraph in the proposed
order. It specifically provides that a single copy of the OTSC and supporting papers,
may be served on the three defendants, two corporations and the individual who
controls them. I request this provision, because submissions herein are voluminous.
In terms of scheduling a return date on this application, subject to the Court's
schedule, I currently have court ordered depositions on November 9, 10,11 and 17, 18,
and November 30, and December 1, 2010. I point this out only because I ama solo
practitioner, and I attempt to avoid schedule conflicts to the extent that I am able. Of
course, | will defer to the Court's schedule and where needed, adjust my schedule.
This proposed order to show cause and supporting papers is being submitted for
review through ECF. However, the documents identified in the Appendix to the
affidavit of Marcella Law contain confidential business information, some of which is
summarized or described to the extent necessary to support the application in the
affidavit of Ms. Law. I do not intend to file the Appendix documents until after the ECF
filing and appropriate arrangements can be made to protect confidential information.
I understand that the foregoing is permitted under the current ECF rules.
Thank you for your attention to this application.
Very truly ygurs,
Document Filed Date
November 08, 2010
Case Filing Date
October 29, 2010
Category
Commercial Division
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JOSEPH H. ADAMS, ESQ,, P.C. ATTORNEY & COUNSELOR 53 BURD STREET NYACK, NEw York 10960 Now 76 Burd Street (845) 353-2320 (fax) 353-6934 joelaw@attglobal net November 8, 2010 joelaw.com NEW YORK CITY (212) 688-3036 Clerk of the Court or } Judge Assigned to Case Supreme Court New York Count Courthouse 60 Centre Street New York, New York 10960 Re: JMB Apparel Designer Group, Inc. v. Robert S. Arochas, et.al. Index No. 651885; Complaint filed October 29, 2010 Sir/Madam: Delivered to ECF herewith is an application for a preliminary injunction that is described in the order to show cause. No immediate TRO is sought on the OTSC, but a request is made in the order for a prompt appearance to demand expedited limited discovery described in the submissions, and a prompt hearing. As noted in the attorneys’ affirmation, if such a prompt hearing cannot be scheduled then plaintiff will request a TRO at the time of the first appearance on the application. No prior application has been made for this relief. Submitted electronically herewith is the following: Proposed order to show cause Affirmation of Counsel, Joseph H. Adams, with 4 exhibits including complaint Affidavit of Marcella Law with Exhibits A to T, and two-part Appendix (Documents included in the Appendix are to be treated as confidential) Affidavit of Jeffrey Scher with 1 exhibitMemorandum of Law, with Appendix of 2 pages of photographs RJI, completed and signed for the application. It is my understanding that, once this matter has been assigned to a Judge, the original of the order to show cause must be submitted to the Court to sign. Since my office is outside New York City, I will make arrangements to have that order delivered to the Court, once a Judge has been assigned and the order may be directed to that individual's chambers. If this is not satisfactory, | would appreciate it someone would communicate with my office, to advise exactly how that should be done logistically. { direct the Court's attention to that text of the last paragraph in the proposed order. It specifically provides that a single copy of the OTSC and supporting papers, may be served on the three defendants, two corporations and the individual who controls them. I request this provision, because submissions herein are voluminous. In terms of scheduling a return date on this application, subject to the Court's schedule, I currently have court ordered depositions on November 9, 10,11 and 17, 18, and November 30, and December 1, 2010. I point this out only because I ama solo practitioner, and I attempt to avoid schedule conflicts to the extent that I am able. Of course, | will defer to the Court's schedule and where needed, adjust my schedule. This proposed order to show cause and supporting papers is being submitted for review through ECF. However, the documents identified in the Appendix to the affidavit of Marcella Law contain confidential business information, some of which is summarized or described to the extent necessary to support the application in the affidavit of Ms. Law. I do not intend to file the Appendix documents until after the ECF filing and appropriate arrangements can be made to protect confidential information. I understand that the foregoing is permitted under the current ECF rules. Thank you for your attention to this application. Very truly ygurs,