Order | Filed: October 09, 2026
| Entered: October 09, 2026
Zomongo.TV USA, Inc et al v. Colonna Cohen Law, PLLC et al
Contract: Other | New York Eastern
~Util - Set Deadlines
ORDER: The Court is in receipt of the parties' joint status report 36 , providing an update as to their progress on settlement discussions regarding disbursement of a portion of the charging lien and proposing an agreed-upon proposed briefing schedule for the motion. In light of the nature of the pending motion to dismiss and the anticipated motion regarding the charging lien, the parties are directed to consider any potential risk of inconsistent adjudications and/or preclusive effects that a ruling on the anticipated motion regarding the charging lien could have on the pending motion to dismiss and the causes of actions alleged in the second amended complaint. The Court notes that the pending motion to dismiss asserts that the second amended complaint, which "asserts three causes of Action: (1) the First Cause of Action for negligence, fiduciary duty and malpractice, (2) the Second Cause of Action for violation of Section 487, and (3) the Third Cause of Action seeking an order, pursuant to Judiciary Law § 475, that Defendants are not entitled to attorneys' fees based on a charging lien because Plaintiffs purportedly terminated Defendants for cause," should be dismissed in its entirety. Mem. in Supp. of Mot. to Dismiss, ECF 25-28, at 6 (emphasis added and quotation marks omitted). The Court further notes that Plaintiffs' prayer for relief in the second amended complaint seeks various forms of relief, including a declaration that "Defendants were terminated for cause, and thereby any statutory attorney lien is extinguished." Second Am. Compl., ECF 20, at 41. In addition, the Court notes that the parties' status report suggests that an evidentiary hearing may be warranted as to the anticipated motion regarding the charging lien. See Status Report, ECF 36, at 2 (Defendants noting that "the parties should have the right to request an evidentiary hearing and targeting discovery relevant to such unresolved factual issues" and Plaintiff agreeing that "an evidentiary hearing may be necessary").
As discussed at the pre-motion conference on 9/16/2026, the Court questions the appropriateness of the timing of Plaintiffs' anticipated motion to release funds from counsel's escrow account given the live causes of actions in this case and Plaintiffs' prayer for relief, including but not limited to, concerns about the adjudication of facts that may be relevant to the underlying motion to dismiss and, ultimately, the remedies available after the case is concluded. Accordingly, and in light of the parties' being unable to reach any resolution on the issue through negotiation, Plaintiffs are respectfully directed to show cause by filing a letter brief, not exceeding 5 single-spaced pages, by 10/26/2026 as to why adjudication of this issue is timely. Plaintiffs must (1) include an overview of the legal authority on which they anticipate relying in support of the relief they seek (and the Court notes that arguments regarding the reasonableness of the fee may not be responsive to this inquiry at this stage of the case); (2) address the applicability, or lack thereof, of Judiciary Law § 475; and (3) specifically address whether any aspect of the anticipated adjudication of this motion could have an impact, including but not limited to any risk of inconsistent adjudication or issue preclusion as to the issues that are presently sub judice in the pending motion to dismiss before the Hon. Frederic Block. Defendants are directed to respond, also by letter brief, not exceeding 5 single-spaced pages, by 11/9/2026. Plaintiffs may file a reply, not exceeding 3 single-spaced pages, by 11/16/2026. Ordered by Magistrate Judge Taryn A. Merkl on 10/9/2026. (DT)
Response | Filed: October 09, 2026
| Entered: October 09, 2026
New Falls Corporation v. Soni
Contract: Other | New York Eastern
Affidavit/Declaration in Support of Motion
AFFIDAVIT/DECLARATION in Support re 312 MOTION to Substitute Party filed by New Falls Corporation. (Attachments: # 1 Exhibit 1 - Substitution Order by Judge Giugliano, dated July 27, 2026, # 2 Exhibit 2 - Declarations of Anjali Soni, Kunal Soni and Sonia Sonia a/k/a Ronita Soni, # 3 Exhibit 3 - Surrogate's Court Search) (Giordano, Steven)