Minutes | Filed: September 10, 2026
| Entered: September 11, 2026
Metaxas et al v. Graubard et al
Contract: Other | New York Eastern
Discovery Hearing
Minute Entry for proceedings held before Magistrate Judge Peggy Cross-Goldenberg: Discovery Hearing held on 9/10/2026. Minute Entry for discovery conference held via Zoom before Magistrate Judge Peggy Cross-Goldenberg on September 10, 2026. Appearances for Plaintiffs: Lauren Zimmerman, Babak Ghafarzade. Appearance for Defendant Sprei: Matin Emouna. Appearance for Defendant Graubard: Randall Tesser. Appearance for Defendant Rubin: Mordy Gross. Appearance for Defendant Seddio: Vincent Miletti. Appearance for Defendant Frankl: Patrick Train-Gutierrez. Defendant M. David Graubard and Michael Jacobson were also in attendance. Discussion regarding discovery held. Plaintiff to provide initial response to Defendants' discovery requests by September 11, 2026 and supplemental responses by September 15, 2026. Defendants shall communicate to Plaintiffs any deficiencies with Plaintiffs' responses or productions by September 18, 2026. Parties shall meet and confer to narrow any discovery disputes by no later than September 22, 2026. Parties shall submit a joint status report by September 23, 2026 apprising the Court of the status of discovery. To the extent the parties raise any outstanding discovery disputes, each party's respective section of the joint status report is limited to two pages.
Discussion held regarding Defendant Sprei's discovery compliance and the propriety of ongoing sanctions. The parties have represented that Sprei has been in continued noncompliance with this Court's discovery orders until at least September 9, 2026. Order regarding sanctions to follow. (JHD)
Order | Filed: September 11, 2026
| Entered: September 11, 2026
Metaxas et al v. Graubard et al
Contract: Other | New York Eastern
Order(Other)
ORDER -- This Court previously found Defendant Yeschiel Sprei in violation of this Court's Orders regarding his discovery obligations and imposed sanctions pursuant to Federal Rule of Civil Procedure 37. (See Docket Entry 08/04/2026). The Court renewed this finding during its September 10, 2026 conference. Sprei remained out of substantial compliance and made no production to Plaintiffs between August 4 and September 9. It is hereby ordered that defendant Yeschiel Sprei pay a monetary sanction in the amount of $50,000 for sanctions that accrued between August 12, 2026 and August 26, 2026 by September 23, 2026, and $50,000 for sanctions that accrued between August 27, 2026 and September 9, 2026 by October 6, 2026. The payments shall be made to the Clerk of Court by no later than 3:00 PM on the date each payment is due. Defendant Sprei shall no later than September 23, 2026 file a letter on the docket confirming payment of the first amount of the monetary sanctions and shall no later than October 6, 2026 file a letter on the docket confirming payment for the second amount of the monetary sanctions. Failure to comply with this Order will result in additional sanctions. The previously ordered sanctions of $5,000 per day for each day of continued non-compliance will continue to accrue each weekday Defendant Sprei remains noncompliant. Defendant shall consult the Court's website for the Clerk's Office hours to ensure timely payment.
Following defendant Sprei's September 23, 2026 payment, the Clerk of Court is respectfully directed to issue a check in the amount of $50,000 to Plaintiffs' attorneys' Benesch Friedlander Coplan & Aronoff LLPs IOLA Attorney Trust Account, addressed to: Benesch Friedlander Coplan & Aronoff LLP, Attn: Accounting Department, 127 Public Square #4900, Cleveland, OH 44114. Following defendant Sprei's October 6, 2026 payment, the Clerk of Court is respectfully directed to issue a check in the amount of $50,000 to Plaintiffs' attorneys at the same address.
Defendant Sprei is hereby ORDERED TO SHOW CAUSE by September 28, 2026 why sanctions should not continue accruing at a rate of $5,000 per weekday beginning on September 10, 2026. Considering the potential substitution of counsel, the accumulation of sanctions is held in abeyance between September 10, 2026 and September 28, 2026. Should Defendant Sprei fail to show cause by September 28, 2026 why sanctions should not continue accruing as of September 10, 2026, the Court will issue an order for the payment of sanctions during the period of September 10, 2026 to September 28, 2026. Ordered by Magistrate Judge Peggy Cross-Goldenberg on 9/11/2026. (JST)