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Calvagno v. Bisbal

United States District Court, E.D. New York

March 4, 2015

CAROL CALVAGNO, ANTHONY CALVAGNO, KENNETH P. SILVERMAN, Esq., as Chapter 7 Trustee of Anthony Calvagno and Carol A. Calvagno Plaintiffs,
v.
DEBORAH BISBAL, MITCHELL SIMS, SCOTT SIMS, TINA FELLOWS, TRACY GILLAN, REALTY REPORTS, KATHY EISMAN, JOHN and JANE DOES 1-10, and JOHN and JANE DOES 11-20, Defendants.

David J. Mahoney, Esq., Of Counsel, Silverman Acampora LLP, Jericho, New York, Attorneys for the Plaintiff Kenneth P. Silverman.

Frank A. Andrea, III., Esq., Of Counsel, Andrea & Towsky, Esqs., Garden City, NY, Attorneys for the Defendant Deborah Bisbal.

Michael C. Kennedy, Esq., Of Counsel, Borda, Kennedy, Alsen & Gold, LLP, Bay Shore, NY, Attorneys for the Defendant Deborah Bisbal.

Robert J. Barsch, Esq., Levittown, NY, Attorney for the Defendant Mitchell Sims.

Scott R. Cohen, Esq., Of Counsel, Law Offices of Scott R. Cohen, Carle Place, NY, Attorneys for the Defendant Tracy Gillan.

David M. Namm, Esq., Of Counsel, Law Offices of David M. Namm, Garden City, NY, Attorneys for the Defendant Realty Reports.

Keith J. Singer, Esq., Of Counsel, Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, Lake Success, NY, Attorneys for the Defendant Kathy Eiseman.

Timothy J. Fierst, Crowell & Moring LLP, New York, NY, Attorneys for the Defendants John and Jane Does 1-10.

No Appearances: The Plaintiffs Carol Calvagno and Anthony Calvagno Pro Se The Defendants Scott Sims, Tina Fellows, and John and Jane Does 11-20 Pro Se

ADOPTION ORDER

ARTHUR D. SPATT, District Judge.

Familiarity with the complicated procedural history of this case, commenced in 2006, is presumed.

On November 13, 2013, after more than four years of inactivity on the docket, United States Magistrate Judge A. Kathleen Tomlinson directed the parties to file a status report within one week of that date.

Judge Tomlinson received status reports from counsel for the Plaintiff Kenneth P. Silverman, Esq., former Chapter 7 trustee of the Plaintiffs Carol and Anthony Calvagno (the "Calvagnos"); the Defendant Realty Reports; the Defendant Kathy Eisman; and former parties Richard Kanter and Gastwirth, Mirsky & Stein ("Gaswirth"). Counsel for Realty Reports, Eisman, Kanter, and Gastwirth related that this case had been settled as to their respective clients and former clients years earlier. The Calvagnos, who apparently were previously represented by counsel in this matter, did not submit a status report.

According to Silverman's prior counsel, while the estate's claims against most of the named defendants had been resolved, Silverman was apparently unable to resolve the claims asserted by the Calvagnos against the Defendants Mitchell Sims, Scott Sims, and the former Defendants Gary Shusterhoff and Southern Star Mortgage Company. Silverman had ...


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