SEMLER et al v. BROOKLAND SQUARE, LLC et al
Plaintiff: PETER K. SEMLER and MONICA DAVIS
Defendant: ROBERT REFFKIN and BROOKLAND SQUARE, LLC
Case Number: 1:2018cv02915
Filed: December 12, 2018
Court: US District Court for the District of Columbia
Presiding Judge: Dabney L Friedrich
Nature of Suit: Real Property: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2019 Filing 17 AFFIDAVIT Supplemental by PETER K. SEMLER. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Certificate of Service)(SEMLER, PETER)
February 6, 2019 Set/Reset Deadlines/Hearings: Status Conference set for 2/15/2019 at 1:00 PM in Courtroom 12 before Judge Dabney L. Friedrich. (zcdw)
February 6, 2019 Opinion or Order MINUTE ORDER adopting the proposal in the parties' #15 Joint Status Report. Accordingly, it is ORDERED that the parties shall appear for a status conference on February 15, 2019 at 1:00 P.M. in Courtroom 12. Signed by Judge Dabney L. Friedrich on February 6, 2019. (lcdlf1)
February 5, 2019 Filing 16 Summons Returned Unexecuted by PETER K. SEMLER, MONICA DAVIS as to BROOKLAND SQUARE, LLC. (SEMLER, PETER)
February 4, 2019 Filing 15 Consent STATUS REPORT by MONICA DAVIS, PETER K. SEMLER. (SEMLER, PETER)
February 1, 2019 Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT REFFKIN served on 1/21/2019 (SEMLER, PETER) Modified date of service on 2/4/2019 (znmw).
January 30, 2019 Filing 13 NOTICE of Appearance by Brandon R. Nagy on behalf of BROOKLAND SQUARE, LLC (Nagy, Brandon)
January 30, 2019 Filing 12 NOTICE of Appearance by Michael Edward Tucci on behalf of BROOKLAND SQUARE, LLC (Tucci, Michael)
January 29, 2019 Minute Entry for proceedings held before Judge Dabney L. Friedrich: Telephone Conference held on 1/29/2019. Joint Status Report due by 2/5/2019. (Court Reporter: Sara Wick.) (jl)
January 28, 2019 Set/Reset Deadlines/Hearings: Telephone Conference set for 1/29/2019 at 2:00 PM in Courtroom 12 before Judge Dabney L. Friedrich. (jl)
January 25, 2019 Filing 11 REQUEST FOR WAIVER of Service sent to Reffkin on 01/08/2019 by MONICA DAVIS. (SEMLER, PETER) (Main Document 11 replaced on 1/28/2019) (ztth).
January 25, 2019 Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to BROOKLAND SQUARE, LLC served on 1/20/2019. (Attachments: #1 Affidavit Process Service, #2 Affidavit Supplemental, #3 Exhibit Stinson Leonard filing, #4 Exhibit Waldman WPB Libel)(SEMLER, PETER)
January 25, 2019 Filing 9 Summons Returned Unexecuted by PETER K. SEMLER, MONICA DAVIS as to All Parties. (SEMLER, PETER)
January 18, 2019 Opinion or Order MINUTE ORDER. Pursuant to Local Civil Rule 65.1(c), "[o]n request of the moving party together with a statement of the facts which make expedition essential, a hearing on an application for preliminary injunction shall be set by the Court no later than 21 days after its filing, unless the Court earlier decides the motion on the papers or makes a finding that a later hearing date will not prejudice the parties." The plaintiffs in this case previously filed a #4 Motion for Temporary Restraining Order, which the Court denied on the grounds that the plaintiffs had failed to establish that irreparable harm would result from the Court's failure to resolve their request before holding a hearing on the matter. However, the Court construed the plaintiffs' request, which was filed pro se, as a Motion for a Preliminary Injunction in the alternative and, with the plaintiffs' consent, set a briefing schedule and scheduled a preliminary injunction hearing for January 25, 2019. Since then, the Court made clear that if the plaintiffs could not promptly effect and prove service in accordance with Federal Rule of Civil Procedure 4, the Court might vacate the briefing schedule and hearing. As of January 18, 2019--the date the defendants' opposition would have been due under the briefing schedule and only 7 days before the hearing--the plaintiffs have not filed proof of service that satisfies Rule 4. As a result, the defendants will not have the 7 days normally allotted to file an opposition to a request for a preliminary injunction, see LCvR 56.1(c), before the hearing; nor will the plaintiffs have an opportunity to file a reply to such opposition. Accordingly, and for the reasons stated at the January 4, 2019 hearing--in particular, the lack of imminent irreparable harm in light of the gradual nature of the construction sought to be enjoined--the Court finds that a hearing date later than January 25, 2019 will not prejudice the parties. It is therefore ORDERED that the briefing schedule set at the January 4, 2019 hearing is VACATED and the preliminary injunction hearing set for January 25, 2019 is CONTINUED. The Court will set a revised expedited briefing schedule and hearing once the plaintiffs have filed proof of service in accordance with Rule 4. Signed by Judge Dabney L. Friedrich on January 18, 2019. (lcdlf1)
January 11, 2019 Filing 8 Proposed MOTION for Summary Judgment vs Brookland Sq/Robert Reffkin by MONICA DAVIS, PETER K. SEMLER (Attachments: #1 Exhibit Ex. 1 Email, #2 Exhibit Ex. 2 Photo, #3 Exhibit Ex. 3 Photo, #4 Exhibit Ex. 4 - DBOE, #5 Certificate of Service)(SEMLER, PETER)
January 9, 2019 Opinion or Order MINUTE ORDER. As stated during the status hearing held on January 9, 2019, the plaintiffs' oral motion to withdraw without prejudice their #7 Motion for Summary Judgment is GRANTED. The plaintiffs may file another motion for summary judgment if they so choose. At that time, the Court will consider whether to vacate the current briefing schedule on the plaintiffs' motion for a preliminary injunction and the preliminary injunction hearing scheduled for January 25, 2019. Signed by Judge Dabney L. Friedrich on January 9, 2019. (lcdlf1)
January 9, 2019 Minute Entry for proceedings held before Judge Dabney L. Friedrich: Telephone Conference held on 1/9/2019. Order forthcoming from chambers with additional details. (Court Reporter: Sara Wick.) (jl)
January 8, 2019 Filing 7 MOTION for Summary Judgment by MONICA DAVIS, PETER K. SEMLER. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (tth)
January 8, 2019 MINUTE ORDER. The Court is in receipt of return of service affidavits signed by plaintiff Peter Semler and filed with the Clerk's Office on December 31, 2018. Dkts. 5, 6. The proof of service forms indicate that the defendants were "personally served" by pro se plaintiff Peter Semler. See Dkts. 5, 6. However, the same affidavits also indicate that the defendants were served "by certified mail," and they include as attachments certified mail receipts from the U.S. Postal Service. Absent an executed acknowledgement or waiver of service by the defendants, this method of service does not comply with Rule 4 of the Federal Rules of Civil Procedure. See Fed. R. Civ. Proc. 4. Nor does it comply with the laws of New York or Florida, where the defendants were purportedly served. See Fed. R. Civ. Proc. 4(e)(1); N.Y. C.P.L.R. 308, 312-a; Fla. R. Civ. P. 1.070. Accordingly, it is ORDERED that the plaintiffs' return of service affidavits, Dkts 5, 6, are VACATED. The plaintiffs are directed to serve the defendants in accordance with Federal Rule of Civil Procedure 4 and to file proof of such service promptly with the Court. Otherwise, the Court may be forced to vacate the briefing schedule and hearing on the plaintiffs' pending motion for a preliminary injunction, which was set at the January 4, 2019 hearing. Signed by Dabney L. Friedrich on January 8, 2019. (lcdlf1)
January 4, 2019 Opinion or Order MINUTE ORDER. As stated by the Court at the hearing held on January 4, 2019, the plaintiffs' #4 Motion for Temporary Injunction is DENIED. However, the Court will construe the plaintiffs' motion, which was filed pro se, as a Motion for a Preliminary Injunction in the Alternative and will defer consideration of the plaintiffs' request for a preliminary injunction until after the defendants have been served and a hearing has been held on this matter. It is ORDERED that (1) the plaintiffs shall file any supplemental briefing and declarations in support of their motion for a preliminary injunction on or before January 8, 2019, (2) the defendants shall file any opposition on or before January 18, 2019, (3) the plaintiffs shall file any reply on or before January 22, 2019, and (4) the parties shall appear for a preliminary injunction hearing on January 25, 2019 at 11:30 AM in Courtroom 12. The plaintiffs are directed to effectuate service of process or obtain a waiver of service in accordance with Rule 4 of the Federal Rules of Civil Procedure as soon as practicable and to file proof of such service promptly with the Court. See Fed. R. Civ. Proc. 4(l)(1). Signed by Judge Dabney L. Friedrich on January 4, 2019. (lcdlf1)
January 4, 2019 Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing/Initial Status Conference held on 1/4/2019 re #4 MOTION for Temporary Restraining Order. MOTION #4 DENIED by the Court. Plaintiff's Supplemental documentation in support of Motion for Preliminary Injunction due by 1/8/2019. Joint Status Report due by 1/14/2019. Defendant's opposition/reply to plaintiff's motion due by 1/18/2019. Plaintiff's response due by 1/22/2019. Preliminary Injunction Hearing set for 1/25/2019 at 11:30 AM in Courtroom 12 before Judge Dabney L. Friedrich. (Court Reporter: Sara Wick.) (jl) Modified on 1/4/2019 to reflect correct ruling on motion by the Court.
January 4, 2019 ORAL ORDER of the Court GRANTING MOTION for CM/ECF Password filed by PETER K. SEMLER, MONICA DAVIS (jl)
January 4, 2019 ORAL MOTION for CM/ECF Password requested in open court on this date by MONICA DAVIS, PETER K. SEMLER (jl)
January 3, 2019 Set/Reset Deadlines/Hearings: Status Conference set for 1/4/2019 at 11:00 AM in Courtroom 5 before Judge Dabney L. Friedrich. (jl)
January 2, 2019 Filing 4 MOTION for Temporary Restraining Order by MONICA DAVIS, PETER K. SEMLER. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order) (tth)
December 31, 2018 Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT REFFKIN served on 12/14/2018, answer due 1/4/2019. (tth)
December 31, 2018 Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BROOKLAND SQUARE, LLC served on 12/15/2018, answer due 1/5/2019. (tth)
December 17, 2018 Opinion or Order MINUTE ORDER. As stated to the Court in the telephonic status conference held on December 17, 2018, the plaintiffs withdraw without prejudice their #2 Request for Immediate Temporary Injunction, which the Court construes as an application for a temporary restraining order and preliminary injunction. They may refile their application at a later date if they so choose. It is ORDERED that the parties shall appear before Judge Dabney L. Friedrich for a status hearing on January 4, 2019 at 11:00 a.m. The courtroom deputy will communicate the location of the hearing to the parties once the location has been determined. At the hearing, the parties may jointly propose, and the Court will set, a briefing schedule and schedule for further proceedings in this matter. Signed by Judge Dabney L. Friedrich on December 17, 2018. (lcdlf1)
December 17, 2018 Minute Entry for proceedings held before Judge Dabney L. Friedrich: Telephone Conference held in chambers on 12/17/2018. (Court Reporter: Sara Wick.) (jl)
December 14, 2018 Opinion or Order MINUTE ORDER. The Court's December 13, 2018 order dismissed this case for lack of subject-matter jurisdiction on the basis that defendant Brookland Square LLC was a citizen of the District of Columbia. It has come to the Court's attention that defendant Brookland Square LLC is a citizen of Florida, based on the residence of its sole member, Gerald Waldman. See Compl. 4. Accordingly, it is ORDERED that the Court's December 13, 2018 order is VACATED. The Clerk of Court is directed to reopen this case. Signed by Judge Dabney L. Friedrich on December 14, 2018. (lcdlf1)
December 13, 2018 Opinion or Order Filing 3 ORDER dismissing this case pursuant to Federal Rule of Civil Procedure 12(h)(3) for lack of subject-matter jurisdiction. See order for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on December 13, 2018. (lcdlf1)
December 12, 2018 Filing 2 MOTION for Immediate Temporary Injunction by MONICA DAVIS, PETER K. SEMLER. (Attachment: #1 Text of Proposed Order) (tth)
December 12, 2018 Summons (2) Issued as to BROOKLAND SQUARE, LLC, ROBERT REFFKIN. (tth)
December 12, 2018 Filing 1 COMPLAINT against BROOKLAND SQUARE, LLC, ROBERT REFFKIN (Filing fee $ 400, receipt number 4616095848) with Jury Demand filed by PETER K. SEMLER, MONICA DAVIS. (Attachments: #1 Declaration of Peter K. Semler, #2 Declaration of Monica Davis, #3 Exhibits 1 - 7, #4 Civil Cover Sheet) (tth)

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Plaintiff: PETER K. SEMLER
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Plaintiff: MONICA DAVIS
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Defendant: ROBERT REFFKIN
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Defendant: BROOKLAND SQUARE, LLC
Represented By: Michael Edward Tucci
Represented By: Brandon R. Nagy
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