UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
……………………………………………………………………..X
In re:
Chapter 7
ASHMEEN MODIKHAN, Case No.: 19-46591-jmm
Debtor.
|
……………………………………………………………………..X
ASHMEEN MODIKHAN,
Plaintiff,
v.
DARROW ARONOW, ESQ., et al,
Defendant(s)
……………………………………………………………………..X
Upon the affidavit of Ashmeen Modikhan sworn to the________day of May 2023, it is ORDERED, that Richard F. Artura, Esq., attorney for Defendant(s), show cause before a motion term of this Court, at ________________ on ____________, 20______, at ________o’clock in the _______ noon thereof, or as soon thereafter as Plaintiff may be heard, why an order should not be issued pursuant to Rule 65 FRCP enjoining the said defendant(s) attorney during the pendency of this action from bullying and threatening Plaintiff; and it is further ORDERED, that sufficient reason having been shown, the defendant(s) attorney is restrained and enjoined from sending Plaintiff any further correspondence threatening or bullying Plaintiff, or seeking Plaintiff’s compliance with any of the attorney’s Notice of Deposition and Discovery; and is further ORDERED, that security in the amount of $ ___________ be posted by the Plaintiff and it is further ORDERED, that personal service of a copy of this order and annexed affidavit upon the defendant(s) or his counsel on or before ___________ o’clock in the ______noon, ______________, 20 _____ shall be deemed good and sufficient service thereof.
DATED: __________________
Brooklyn, New York:
___________________________________
United States District Judge
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
……………………………………………………………………..X
In re:
Chapter 7
ASHMEEN MODIKHAN, Case No.: 19-46591-jmm
Debtor.
|
……………………………………………………………………..X
ASHMEEN MODIKHAN,
Plaintiff,
v.
DARROW ARONOW, ESQ., et al,
Defendant(s)
……………………………………………………………………..X
Ashmeen Modikhan, being duly sworn, makes the following affirmation under the penalties of perjury:
I Ashmeen Modikhan, as plaintiff in the above-entitled action, respectfully move this court to order defendants’ attorney, Richard F. Artura, Esq., to show cause why he should not be enjoined from bullying and/or threatening Plaintiff, until a final disposition on the merits of the above-entitled action.
I am proceeding by order to show cause rather than by notice of motion because the bullying, and threats Richard F. Artura, Esq. needs to be stopped immediately. Besides, the Court already set a hearing for the discovery matter on May 11, 2023. Proceeding via a notice of motion would therefore not be timely.
Unless the preliminary injunction and temporary restraining order are issued I will suffer immediate and irreparable injury as shown by the following facts: on or about February 7, 2013, the court suspended discovery deadline. However, since said date, Richard F. Artura, Esq. has been constantly sending Plaintiff correspondences via email demanding Plaintiff to respond to their Notice of Deposition and Discovery, or else they would seek sanctions against Plaintiff. Such bullying and threats were made in blatant disregard of the fact that the court had already suspended discovery deadlines.
It follows; unless this order is granted, I will be subjected to further bullying and threats from Richard F. Artura, Esq. The threats and bullying from Richard F. Artura, Esq. would not be taken care of adequately by winning the case in the end. Further, I will most likely win the case in the end. Notably, the Court held that my legal malpractice claim against Defendant Darren Aronow, Esq. was sufficiently pled. Lastly, the harm to me is more serious than any harm Richard F. Artura, Esq. or Defendant(s) will suffer if the judge orders a preliminary injunction to protect me. In fact, Richard F. Artura, Esq. would suffer no harm if the judge orders a preliminary injunction against Richard F. Artura, Esq.
As can be seen from the foregoing, I have no adequate remedy at law and am entitled to a restraining order and a preliminary injunction.
WHEREFORE, I respectfully request the Court issue the temporary restraining order and preliminary injunction described above, as well as such other and further relief as may be just and proper.
______________________
Ashmeen Modikhan
94-22 Magnolia Court, Unit 1B
Ozone Park, NY 11753
Plaintiff, Pro Se
Subscribed and sworn to before me this ____ day of May, 2023.
____________________________________
, Notary Public
Date: _________________
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