Lipsman v. Cortes-Vazquez
| Daniel Jean Lipsman |
| Lorraine Cortes-Vasquez and Lorraine Cortes-Vazquez |
| 1:2021cv04631 |
| May 24, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.
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Filing 37
REPLY(Response)TO MOTION TO DISMISS, re: #35 MOTION to Dismiss Amended Complaint. Document filed by Daniel Jean Lipsman. (sc)
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Filing 36
ORDER terminating #30 Motion to Dismiss. The Notice is terminated as Defendant appears to have filed a corrected Notice. See ECF No. #35 . (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 35
MOTION to Dismiss Amended Complaint. Document filed by Lorraine Cortes-Vazquez..(Murray, Diana)
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Filing 34
ORDER denying as moot #14 Motion to Dismiss. In light of Defendant's new motion to dismiss, see ECF No. 30, Defendant's earlier motion to dismiss filed at ECF No. 14 is hereby DENIED as moot. Plaintiff shall file any opposition to the new motion to dismiss by August 10, 2021. Defendant shall file any reply within one week of Plaintiff's opposition being docketed. The Clerk of Court is directed to terminate ECF No. 14 and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/21/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Set/Reset Deadlines as to #30 FIRST MOTION to Dismiss Amended Complaint. Responses due by 8/10/2021 (yv)
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Mailed a copy of #34 Order on Motion to Dismiss, to Daniel Jean Lipsman at 4420 Broadway #4F, New York, NY 10040. (dsh)
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Filing 33
MEMORANDUM OF LAW in Support re: #30 FIRST MOTION to Dismiss Amended Complaint. . Document filed by Lorraine Cortes-Vazquez..(Murray, Diana)
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Filing 32
DECLARATION of Dr. Jay Varma in Support re: #30 FIRST MOTION to Dismiss Amended Complaint.. Document filed by Lorraine Cortes-Vazquez..(Murray, Diana)
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Filing 31
DECLARATION of Diana M. Murray in Support re: #30 FIRST MOTION to Dismiss Amended Complaint.. Document filed by Lorraine Cortes-Vazquez. (Attachments: #1 Exhibit A-J).(Murray, Diana)
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Filing 30
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #35) - FIRST MOTION to Dismiss Amended Complaint. Document filed by Lorraine Cortes-Vazquez..(Murray, Diana) Modified on 7/22/2021 (ldi).
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Mailed a copy of #29 Order, to Daniel Jean Lipsman at 4420 Broadway, #4F, New York, NY 10040. (dsh)
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Filing 29
ORDER: The Court received the attached letter directly from Plaintiff by mail. Plaintiff is reminded that he may communicate with the Court only through the Pro Se Intake Unit, Thurgood Marshall Courthouse, 40 Centre Street, Room 105, New York, New York 10007. No documents or court filings may be sent directly to Chambers. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/12/2021) (ama) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #28 Order on Motion for Extension of Time to Answer to Daniel Jean Lipsman at 4420 Broadway, #4F, New York, NY 10040. (kh)
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Transmission to Docket Assistant Clerk. Transmitted re: #28 Order on Motion for Extension of Time to Answer, to the Docket Assistant Clerk for case processing. (yv)
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time to Answer re #27 FIRST LETTER MOTION for Extension of Time to File Answer to Amended Complaint addressed to Judge Jesse M. Furman from Michelle Goldberg-Cahn dated July 6, 2021., #25 Amended Complaint. Application GRANTED. Further extension requests will not be granted. The Clerk of Court is directed to terminate ECF No. 27 and to mail a copy of this Order to Plaintiff. SO ORDERED. (Lorraine Cortes-Vazquez answer due 7/20/2021.) (Signed by Judge Jesse M. Furman on 7/8/21) (yv)
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Filing 27
FIRST LETTER MOTION for Extension of Time to File Answer to Amended Complaint addressed to Judge Jesse M. Furman from Michelle Goldberg-Cahn dated July 6, 2021. Document filed by Lorraine Cortes-Vazquez..(Goldberg-Cahn, Michelle)
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Filing 26
ORDER denying #12 Motion for Judgment. Plaintiff's application for preliminary injunctive relief, see ECF No. 2, is DENIED as withdrawn. Additionally, Plaintiff's motion "for judgment on the merits," ECF No. 12, is DENIED as premature and procedurally improper without prejudice to renewal of the arguments made therein at the appropriate time. Pursuant to the Court's Orders of June 21, 2021, and June 25, 2021, Defendant shall file an answer, a new motion to dismiss, or a letter stating that she relies on the previously filed motion to dismiss no later than July 12, 2021. See ECF Nos. 21, 24. The Clerk of Court is directed to terminate ECF No. 12 and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/29/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Set/Reset Deadlines: Lorraine Cortes-Vazquez answer due 7/12/2021. Motions due by 7/12/2021. (yv)
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Mailed a copy of #26 Order on Motion for Judgment, to Daniel Jean Lipsman at 4420 Broadway, #4F, New York, NY 10040. (dsh)
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Filing 25
AMENDED COMPLAINT & AFFIDAVIT IN SUPPORT, re: amending #23 Amended Complaint against Lorraine Cortes-Vazquez.Document filed by Daniel Jean Lipsman. Related document: #23 Amended Complaint.(sc)
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Mailed a copy of #24 Order, Set Deadlines to Daniel Jean Lipsman at 4420 Broadway, #4F, New York, NY 10040. (kh)
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Filing 24
ORDER: In light of Plaintiff's apparent intention to amend the complaint, Defendant need not reply at this time to the opposition that Plaintiff filed on June 23, 2021. If Plaintiff fails to file an amended complaint by the deadline, Defendant shall file any reply responding to Plaintiff's opposition by July 15, 2021. If Plaintiff does file an amended complaint, Defendant need not file a reply and the Court will disregard Plaintiff's opposition. Finally, Plaintiff is reminded that his deadline to file a reply in support of his motions for a preliminary injunction and judgment on the merits is June 30, 2021. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. So Ordered. (Amended Pleadings due by 7/8/2021., Replies due by 6/30/2021.) (Signed by Judge Jesse M. Furman on 6/25/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing 23
COMBINED AMENDED COMPLAINT, MEMORANDUM OF LAW, APPLICATION FOR HEARING, & REQUEST TO ISSUE SUBPOENAS, re: amending #1 Complaint against Lorraine Cortes-Vazquez.Document filed by Daniel Jean Lipsman. Related document: #1 Complaint.(sc)
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Filing 22
OPPOSITION(Affidavit) TO CROSS-MOTION TO DISMISS, re: #14 FIRST MOTION to Dismiss the complaint. Document filed by Daniel Jean Lipsman. (sc)
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Mailed a copy of #21 Order, Set Deadlines, to Daniel Jean Lipsman at 4420 Broadway, #4F, New York, NY 10040. (dsh)
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Filing 21
ORDER: On June 17, 2021, Defendant filed her opposition to Plaintiff's motions for injunctive relief and for judgment on the merits and a cross-motion to dismiss the Complaint. Notwithstanding the fact that Defendant filed a single, consolidated memorandum of law, the Court concludes that Plaintiff's motions and Defendant's cross-motion should be handled separately in accordance with the following. First, Plaintiff shall file any reply with respect to his motions for injunctive relief and for judgment on the merits (in the form of a single, consolidated memorandum of law) by June 30, 2021. Second, because a plaintiff has twenty-one days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course, see Fed. R. Civ. P. 15(a)(1)(B), it is hereby ORDERED that Plaintiff shall file any amended complaint by July 8, 2021. If Plaintiff believes that the pleading of additional facts will cure deficiencies identified in the motion to dismiss, Plaintiff should include those facts in the amended complaint, which would supersede (i.e., replace) the existing Complaint. Plaintiff will not be given any further opportunity to amend the Complaint to address the issues raised by Defendant's motion to dismiss. If Plaintiff does amend, by two weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that she relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendant files a new motion to dismiss, Plaintiff shall file any opposition within twenty-one days of the motion, and Defendant shall file any reply within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to Defendant's motion to dismiss by July 8, 2021. Defendant's reply, if any, shall be filed by the earlier of one week after any opposition or by July 15, 2021. The Clerk of Court is directed to (1) mail a copy of this Order to Plaintiff and (2) update the docket to conform to the caption on this Order, which includes the correct spelling of Defendant's name. See ECF No. 17, at 1 n.1. (Amended Pleadings due by 7/8/2021., Responses due by 7/8/2021, Replies due by 7/15/2021.) (Signed by Judge Jesse M. Furman on 6/21/2021) (tro) Transmission to Docket Assistant Clerk for processing.
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Filing 20
FIRST MEMORANDUM OF LAW in Opposition re: #12 MOTION for Judgment. . Document filed by Lorraine Cortes-Vasquez..(Murray, Diana)
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Filing 19
DECLARATION of Jay Varma MD in Opposition re: #12 MOTION for Judgment.. Document filed by Lorraine Cortes-Vasquez..(Murray, Diana)
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Filing 18
DECLARATION of Diana M. Murray in Opposition re: #12 MOTION for Judgment.. Document filed by Lorraine Cortes-Vasquez. (Attachments: #1 Exhibit A-H).(Murray, Diana)
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Filing 17
FIRST MEMORANDUM OF LAW in Support re: #14 FIRST MOTION to Dismiss the complaint. . Document filed by Lorraine Cortes-Vasquez..(Murray, Diana)
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Filing 16
DECLARATION of Jay Varma, MD in Support re: #14 FIRST MOTION to Dismiss the complaint.. Document filed by Lorraine Cortes-Vasquez..(Murray, Diana)
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Filing 15
DECLARATION of Diana M. Murray in Support re: #14 FIRST MOTION to Dismiss the complaint.. Document filed by Lorraine Cortes-Vasquez. (Attachments: #1 Exhibit A-H).(Murray, Diana)
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Filing 14
FIRST MOTION to Dismiss the complaint. Document filed by Lorraine Cortes-Vasquez..(Murray, Diana)
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Filing 13
ENDORSED LETTER re: #12 MOTION for Judgment. filed by Daniel Jean Lipsman addressed to Judge Jesse M. Furman from Diana M. Murray dated 6/9/21 re: requests for an extension. ENDORSEMENT: The Court received this extension application by email. In light of counsel's inability to access the City's computer system in recent days, the Court feels compelled to grant the requested extension. No further extensions will be granted -- even if the computer problem persists. The Clerk of Court is directed to mail a copy of this endorsed letter to Plaintiff. SO ORDERED., Set Deadlines/Hearing as to #12 MOTION for Judgment. :( Responses due by 6/17/2021) (Signed by Judge Jesse M. Furman on 6/10/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #13 Endorsed Letter, Set Motion and R&R Deadlines/Hearings to Daniel Jean Lipsman at 4420 Broadway, #4F, New York, NY 10040. (kh)
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Filing 12
MOTION FOR JUDGMENT ON THE MERITS. Document filed by Daniel Jean Lipsman.(sc)
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Filing 11
AFFIDAVIT(Affirmation) OF SERVICE of Order of Judge Jesse Furman, served on L. Cortes-Vasquez on 5/27/21. Service was accepted by Corporation Counsel, City of New York. Document filed by Daniel Jean Lipsman. (sc)
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Filing 10
OPPOSITION TO ANY MOTION TO MOOT THIS MATTER. Document filed by Daniel Jean Lipsman. (sc)
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Filing 9
ORDER granting in part and denying in part #7 Letter Motion for Extension of Time to File Response/Reply re #7 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #4 Order,, addressed to Judge Jesse M. Furman from Diana M. Murray dated June 1, 2021. Application GRANTED in part. Given the nature of the relief sought by Plaintiff, the City is granted an extension, but only to June 10th. In its submission, the City should address whether or to what extent the case is (or will be) moot by virtue of the Mayor's recent Order. Additionally, counsel for the City shall promptly contact Plaintiff to discuss whether the Mayor's order provides a means to resolve this action. The Clerk of Court is directed to mail a copy of this endorsed letter to Plaintiff and to terminate ECF No. 7. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/2/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #9 Order on Motion for Extension of Time to File Response/Reply, to Daniel Jean Lipsman at 4420 Broadway, #4F, New York, NY 10040. (dsh)
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Filing 7
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #4 Order,, addressed to Judge Jesse M. Furman from Diana M. Murray dated June 1, 2021. Document filed by Lorraine Cortes-Vasquez..(Murray, Diana)
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Filing 6
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Lorraine Cortes-Vasquez, served on 5/25/2021, answer due 6/15/2021. Service was accepted by Betty Mazyck, Clerk, New York City Law Dept. Document filed by Daniel Jean Lipsman. (sc)
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Filing 8
LETTER addressed to Judge Jesse M. Furman from Daniel Lipsman, dated 5/28/21 re: " OPPOSITION TO MOTION FOR ADJOURNMENT" - This is not ex parte. Counsel for the defendant, Ms. Diana Murray, has informed me that she is seeking a 2-week delay (postponement) of the matter. I respectfully declined to agree to this, because I could not get a valid reason from her client as to why an extension should be granted etc. Document filed by Daniel Jean Lipsman.(sc)
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Filing 5
NOTICE OF APPEARANCE by Diana Marsh Murray on behalf of Lorraine Cortes-Vasquez..(Murray, Diana)
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Filing 4
ORDER. Defendant is hereby ORDERED to enter an appearance and file a response to Plaintiff's request for a temporary restraining order and preliminary injunction within one week of service. After reviewing Defendant's response, the Court will order appropriate next steps in this action and as further set forth in this Order. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/26/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #4 Order to Daniel Jean Lipsman at 4420 Broadway, #4F, New York, NY 10040. (kh)
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Filing 2
UNSIGNED ORDER TO SHOW CAUSE filed by Daniel Jean Lipsman..(rdz)
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Filing 1
COMPLAINT against Lorraine Cortes-Vasquez. (Filing Fee $ 402.00, Receipt Number 465401279956)Document filed by Daniel Jean Lipsman. (Attachments: #1 RECEIPT).(rdz)
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Case Designated ECF. (rdz)
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Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz)
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SUMMONS ISSUED as to Lorraine Cortes-Vasquez..(rdz)
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