On October 08, 2013 a
Letter,Correspondence
was filed
involving a dispute between
Express Trade Capital, Inc.,
Peter Stern,
and
Air Cargo Services, Llc,
Delex Air Cargo Llc.,
Delex Inc.,
Oleg Ardachev,
for Commercial (General)
in the District Court of New York County.
Preview
August 3, 2015
HON. SHLOMO S. HAGLER
60 Centre Street, Room, Room 631
New York, NY 10013
Phone: (646) 386-5691
Re: Missed Compliance Conference (Index # 653476-2013)
Your Honor:
I am counsel for the plaintiffs, Express Trade Capital and Peter Stern in the matter
of Peter Stern and Express Trade Capital v. Oleg Ardachev et. al. Due to an inadvertent
calendaring error, I missed the compliance conference scheduled for today, August 3,
2015. This was complete oversight on my part as I had the conference scheduled for
August 4, 2015, on Tuesday.
In addition, I was visiting family in Chicago and my flight reservations back to New
York were originally on Sunday but due to airline overbookings on Friday, I had to cancel
the entire reservation and get a flight back on Monday at 11am (Chicago time).
See attached for cancellation and new flight reservation.
Had I not mis-calendared the conference hearing, I would have reached out to
opposing counsel for an adjournment or found an earlier booking. Although I did not see
any messages, texts, emails, or calls on my phone regarding today’s conference but, again,
this was complete error on my part and I apologize for the absence.
I apologize for any inconvenience and lack of time I may have caused the court
and opposing counsel. We do intend to move forward with prosecution of the case and
to the extent opposing counsel appeared in court today, we offer to reimburse them for
their appearance.
Although I am an attorney and act as such on behalf of the plaintiffs, my time with
the company is mostly operational, not legal and, as such, we are in the process of
retaining new counsel who will be taking this matter going forward. We have already
found new counsel and intended to appear together tomorrow
We respectfully ask this court consider putting a new compliance conference on
the calendar so that we can proceed to try this matter on the merits. Again, my sincerest
apologies for my inadvertent error.
Sincerely,
David Estrakh, Esq.
1410 Broadway, 26th Floor, New York, NY 10018| 212.997.0155 phone | 212.858.5785 fax | www.expresstradecapital.com
Document Filed Date
August 04, 2015
Case Filing Date
October 08, 2013
Category
Commercial (General)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
August 3, 2015 HON. SHLOMO S. HAGLER 60 Centre Street, Room, Room 631 New York, NY 10013 Phone: (646) 386-5691 Re: Missed Compliance Conference (Index # 653476-2013) Your Honor: I am counsel for the plaintiffs, Express Trade Capital and Peter Stern in the matter of Peter Stern and Express Trade Capital v. Oleg Ardachev et. al. Due to an inadvertent calendaring error, I missed the compliance conference scheduled for today, August 3, 2015. This was complete oversight on my part as I had the conference scheduled for August 4, 2015, on Tuesday. In addition, I was visiting family in Chicago and my flight reservations back to New York were originally on Sunday but due to airline overbookings on Friday, I had to cancel the entire reservation and get a flight back on Monday at 11am (Chicago time). See attached for cancellation and new flight reservation. Had I not mis-calendared the conference hearing, I would have reached out to opposing counsel for an adjournment or found an earlier booking. Although I did not see any messages, texts, emails, or calls on my phone regarding today’s conference but, again, this was complete error on my part and I apologize for the absence. I apologize for any inconvenience and lack of time I may have caused the court and opposing counsel. We do intend to move forward with prosecution of the case and to the extent opposing counsel appeared in court today, we offer to reimburse them for their appearance. Although I am an attorney and act as such on behalf of the plaintiffs, my time with the company is mostly operational, not legal and, as such, we are in the process of retaining new counsel who will be taking this matter going forward. We have already found new counsel and intended to appear together tomorrow We respectfully ask this court consider putting a new compliance conference on the calendar so that we can proceed to try this matter on the merits. Again, my sincerest apologies for my inadvertent error. Sincerely, David Estrakh, Esq. 1410 Broadway, 26th Floor, New York, NY 10018| 212.997.0155 phone | 212.858.5785 fax | www.expresstradecapital.com