Samuel v. Aron
| Christopher Samuel and David John Hoffman |
| Eve Aron |
| Holly Weiss |
| 1:2019cv05229 |
| September 12, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Robert M Levy |
| Taryn A Merkl |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 50 CLERK'S JUDGMENT It is ORDERED and ADJUDGED that Plaintiff's motion to enforce the settlement and enter judgment in favor of Plaintiff is granted; and that judgment is hereby entered in favor of Plaintiff in the total amount of $48,972.33 plus post-judgment interest at the rate set forth in 28 U.S.C. 1961(a), to be calculated from the date judgment is entered until the date of payment. Signed by Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 12/28/2022. (FP) |
Filing 49
ORDER ADOPTING REPORT AND RECOMMENDATION re #41 Motion to Enforce Settlement. For the reasons set forth in the attached Order, the Court adopts #46 Magistrate Judge Taryn Merkl's report and recommendation. Ordered by Chief Judge Margo K. Brodie on 12/22/2022. (TD)
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| Filing 48 Letter dated 10/14/2022 from Christopher Samuel to Judge Margo Brodie, inquiry on decision or possible status update for this case. (SG) |
| Filing 47 CERTIFICATE OF SERVICE, Docket Sheet served on Eve Aron via email by Christopher Samuel. (Lee, Tiffeny) |
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Filing 46
REPORT AND RECOMMENDATION: For the reasons stated herein, this Court respectfully recommends that Plaintiff's Motion to Enforce Settlement #41 be granted. The Court also recommends that judgment be entered in favor of Plaintiff, consisting of (1) a judgment of $45,000; (2) pre-judgment interest at nine percent per annum pursuant to N.Y. C.P.L.R. 5001(a)(b) and 5004, to be calculated from January 4, 2022, through the date of judgment; and (3) post-judgment interest at the rate set forth in 28 U.S.C. 1961(a), to be calculated from the date judgment is entered until the date of payment. Plaintiff is directed to serve a copy of this Order, as well as the attached Report and Recommendation, on Defendant Aron by certified mail and any other available means and to file proof of service with the Court no later than 9/21/2022. Objections to this Report and Recommendation are due by 9/28/2022. Failure to file objections within the specified time waives the right to appeal any judgment or order entered by the District Court in reliance on this Report and Recommendation. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2); Caidor v. Onondaga Cnty., 517 F.3d 601, 604 (2d Cir. 2008) ("[F]ailure to object timely to a magistrate[] [judge's] report operates as a waiver of any further judicial review of the magistrate [judge's] decision."). Ordered by Magistrate Judge Taryn A. Merkl on 9/14/2022. (Devanathan, Deepa)
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| Filing 45 TRANSCRIPT of Proceedings held on May 9, 2022, before Judge Merkl. Court Transcriber: Fiore Transcription and Transcription Service. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/22/2022. Redacted Transcript Deadline set for 10/2/2022. Release of Transcript Restriction set for 11/30/2022. (Rocco, Christine) |
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ORDER REFERRING MOTION: The Court respectfully refers the #41 MOTION to Enforce Settlement to Magistrate Judge Taryn Merkl for a report and recommendation. Ordered by Chief Judge Margo K. Brodie on 6/17/2022. (Bacchi, Joseph)
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| Filing 44 CERTIFICATE OF SERVICE by David John Hoffman re #43 Order on Motion to Withdraw as Attorney,,,, (Hoffman, David) |
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Filing 43
ORDER: For the reasons stated herein, Defense counsel's motion to withdraw as attorney #39 is granted. The Court directs defense counsel, David Hoffman, to serve Defendant with a copy of the docket and this Order and to file proof of service with the Court by 6/14/2022. Mr. Hoffman is directed to inform Defendant that if she does not locate new counsel, she must provide her address and contact information to the EDNY Pro Se Office by letter by 6/30/2022. If Defendant intends to mail her letter to the Court, the envelope should be addressed to the attention of the Pro Se Office. If Defendant fails to locate new counsel or file an appearance pro se by 6/30/2022, she risks potential consequences, including the Court's granting of Plaintiff's motion to enforce settlement or the entry of default judgment. (See Mot. to Enforce Settlement, ECF No. 41.) See also Fed. R. Civ. P. 37(b)(2)(A)(vi) (providing that the court may render a default judgment against a party for failing to obey a court order). So Ordered by Magistrate Judge Taryn A. Merkl on 6/6/2022. (Devanathan, Deepa)
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| Filing 42 CERTIFICATE OF SERVICE by David John Hoffman re #39 MOTION to Withdraw as Attorney (Hoffman, David) |
| Filing 41 MOTION to Enforce Settlement by Christopher Samuel. (Piper, Francine) |
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ORDER: Defense counsel filed a motion to withdraw #39 on May 14, 2022. In its May 9, 2022 Minute Entry and Order, the Court directed defense counsel to file his motion to withdraw in conformity with EDNY Local Rule 1.4, including proof of service by May 13, 2022. (May 9, 2022 ECF Minute Entry and Order.) Defense counsel has not filed proof of service of his motion to withdraw on Defendant. Defense counsel is directed to file proof of service of his motion to withdraw on Defendant by 5/27/2022. Ordered by Magistrate Judge Taryn A. Merkl on 5/24/2022. (Devanathan, Deepa)
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| Filing 40 AFFIDAVIT/DECLARATION in Support re #39 MOTION to Withdraw as Attorney filed by David John Hoffman. (Hoffman, David) |
| Filing 39 MOTION to Withdraw as Attorney by David John Hoffman. (Hoffman, David) |
| Filing 38 Motion for Default Judgment filed by Christopher Samuel. (Clerk's Certificate is not noted by the court) (Piper, Francine) |
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Minute Entry and Order: A telephonic Status Conference was held on 5/9/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Plaintiff Christopher Samuel, pro se; David Hoffman for Defendant. Defendant Eve Aron did not appear. Plaintiff represented that he would like to file a motion to enforce the parties' settlement agreement, which was reached following mediation. Plaintiff is directed to file his motion to enforce the settlement agreement by 5/13/2022. In light of Mr. Hoffman's representation that he wants to withdraw as counsel (see March 8, 2022 ECF Minute Entry and Order), Plaintiff is respectfully directed to serve the motion on Defendant using any methods available and to file an affirmation of service in support of the motion. Defendant's response, if any, is due by 5/20/2022. Should he choose to refile his motion to withdraw, Mr. Hoffman is respectfully directed to file his motion to withdraw in conformity with EDNY Local Rule 1.4, including an affidavit and proof of service, by 5/13/2022. Mr. Hoffman is respectfully directed to serve Defendant with this Minute Entry and Order using any and all methods available to reach Ms. Aron. Ordered by Magistrate Judge Taryn A. Merkl on 5/9/2022. (AT&T Log #12:09-12:33.) (Devanathan, Deepa)
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| Filing 37 Letter of David Hoffman re: Court's order of February 8, 2022 by Eve Aron (Attachments: #1 Exhibit Tracking Info) (Hoffman, David) |
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Minute Entry and Order: A telephonic Status Conference was held on 3/8/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Plaintiff Christopher Samuel, pro se; David Hoffman for Defendant. Defendant Eve Aron did not appear. Discussion was held regarding the status of the agreed upon settlement and Mr. Hoffman's Letter regarding a motion to withdraw as counsel #36 . Mr. Hoffman's motion to withdraw as counsel #36 is denied without prejudice to renew for the reasons stated on the record. Should he choose to refile, Mr. Hoffman is respectfully directed to file his motion to withdraw in conformity with EDNY Local Rule 1.4, including an affidavit and proof of service. A telephonic Status Conference will take place on 5/9/2022 at 12:00 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Defendant Eve Aron is directed to personally appear at the 5/9/2022 Status Conference. The parties are respectfully directed to serve Ms. Aron with notice of the 5/9/2022 Status Conference at any address they have and electronically. Mr. Hoffman is respectfully directed to call Ms. Aron and inform her about the 5/9/2022 Status Conference and this Court order directing her to appear. Ordered by Magistrate Judge Taryn A. Merkl on 3/8/2022. (AT&T Log #4:04-4:26.) (Devanathan, Deepa)
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Minute Entry and Order: A telephonic Status Conference was held on 2/8/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Plaintiff Christopher Samuel, pro se; David Hoffman for Defendant. Discussion was held regarding the status of the agreed upon settlement and Mr. Hoffman's Letter regarding a motion to withdraw as counsel #36 . Decision on Mr. Hoffman's motion to withdraw as counsel is reserved. A telephonic Status Conference will take place on 3/8/2022 at 3:45 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Defendant Eve Aron is directed to personally appear at the 3/8/2022 Status Conference. The parties are respectfully directed to serve Ms. Aron with notice of the 3/8/2022 Status Conference at any address they have and electronically. Mr. Hoffman is respectfully directed to call Ms. Aron and inform her about the 3/8/2022 Status Conference and this Court order directing her to appear. Ordered by Magistrate Judge Taryn A. Merkl on 2/8/2022. (AT&T Log #11:38-12:01.) (Devanathan, Deepa)
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SCHEDULING ORDER: A telephonic Status Conference will be held on 2/8/2022 at 11:30 a.m. before Magistrate Judge Taryn A. Merkl. Defense counsel is directed to inform Defendant Eve Aron that she must personally appear at the conference. The parties are directed to call the toll free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Defense counsel is respectfully directed to provide a copy of this Scheduling Order to Ms. Aron. Ordered by Magistrate Judge Taryn A. Merkl on 1/19/2022. (Chan, Kaity)
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| Filing 36 Letter regarding motion to withdraw by Eve Aron (Hoffman, David) |
| Filing 35 Letter undated from Christopher Samuel to USMJ Taryn A. Merkl, informing the Court that the settlement is not being paid on the agreed upon date of 1/3/2022. (Galeano, Sonia) |
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ORDER: The parties are directed to file a Stipulation of Dismissal by 1/17/2022. Ordered by Magistrate Judge Taryn A. Merkl on 12/14/2021. (Devanathan, Deepa)
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| Filing 34 STATUS REPORT by Eve Aron (Hoffman, David) |
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ORDER: The parties are directed to file a stipulation of dismissal or a joint status report by 12/17/2021. Ordered by Magistrate Judge Taryn A. Merkl on 12/3/2021. (Devanathan, Deepa)
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| Filing 33 Letter from Christopher Samuel to Judge Merkl, requesting to speak on a call regarding the process of settlement. (Piper, Francine) |
| REPORT of Mediation Settled Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Mediation Report due by 11/30/2021. (Priftakis, Tina) |
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STATUS REPORT ORDER: The parties are directed to file a joint status report after their mediation by 11/30/2021. Ordered by Magistrate Judge Taryn A. Merkl on 11/13/2021. (Devanathan, Deepa)
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| SELECTION OF MEDIATOR Holly Weiss selected as Mediator. The first mediation session will take place remotely on November 19, 2021. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 12/3/2021. (Weinstein, Robyn) |
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Minute Entry and Order: A telephonic Status Conference was held on 10/7/2021 before Magistrate Judge Taryn A. Merkl. Appearances by Plaintiff Christopher Samuel, pro se; David Hoffman for Defendant. Discussion was held regarding the ongoing scheduling of a mediation with EDNY's mediation panel. As stated on the record, this case will be referred again to the EDNY Mediation Panel at the parties' request. The parties shall exchange all relevant documents and records prior to mediation, if they haven't done so. Ordered by Magistrate Judge Taryn A. Merkl on 10/7/2021. (AT&T Log #3:59-4:27.) (Devanathan, Deepa)
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ORDER REFERRING CASE to Mediation. Selection of Mediator due by 10/22/2021. Mediation shall be completed by 11/30/2021. Ordered by Magistrate Judge Taryn A. Merkl on 10/7/2021. (Devanathan, Deepa)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
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SCHEDULING ORDER: A telephonic Status Conference will be held on 10/7/2021 at 3:45 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 9/23/2021. (Chan, Kaity)
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| Filing 32 Letter from Christopher Samuel to Magistrate Judge Merkl, requesting a phone conference to update the court on mediation. (Piper, Francine) |
| Case Reassigned to Magistrate Judge Taryn A. Merkl. Magistrate Judge Robert M. Levy no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
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ORDER REFERRING CASE to Mediation. Mediation shall be completed by 8/31/21Selection of Mediator due by 7/21/2021. The ADR Department is respectfully requested to find an attorney to represent plaintiff, who is pro se, solely for purposes of the mediation. Scheduled dates can be altered if necessary.Ordered by Magistrate Judge Robert M. Levy on 7/7/2021. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Chris Samuel, pro se; David Hoffman. Settlement explored. Case referred to EDNY Mediation Panel.Settlement Conference held on 6/15/2021 (FTR Log #5:05-5:25.) (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Mr. Samuel appeared pro se; David Hoffman appeared for Ms. Aron. Plaintiff will respond by 5/18/21 to Mr. Hoffmans most recent letter seeking responses to his discovery requests. Thereafter, Mr. Samuel and Mr.Hoffman will attempt to agree on the amount of payments that have been made on the loan and the unpaid amount, if any, in an attempt to settle this case. The parties will also consider whether mediation would be useful. Next conference 6/15/21 at 5:00 ( same dial-in number and access code)(discovery/settlement)./Discovery Hearing held on 5/11/2021 (AT&T Log #4:03-4:36.) (Levy, Robert) |
| Filing 31 Letter by David John Hoffman (Hoffman, David) |
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ORDER: ReminderThe next conference in this case is scheduled for 5/11/21 at 4:00 pm (same dial-in number and access code)(status/discovery). Ordered by Magistrate Judge Robert M. Levy on 5/3/2021. (Levy, Robert)
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ORDER re #30 Letter. Mr. Hoffman shall respond and provide a status report on or before 5/10/21.Ordered by Magistrate Judge Robert M. Levy on 5/3/2021. (Levy, Robert)
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| Filing 30 Letter to Magistrate Judge Levy from Christopher Samuel, Pro Se re having a conversation with defense counsel about discovery issues. (Lee, Tiffeny) |
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ORDER withdrawing without Prejudice to Reinstate #29 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Robert M. Levy on 4/7/2021. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Christopher Samuel; David Hoffman with defendant Aron. (1) Ms. Aron shall provide responses to outstanding discovery requests to Mr. Hoffman by 4/14/21. Mr. Hoffman shall then serve formal responses on for before 4/16/21. If there are discovery disputes, Mr. Hoffman is directed to meet and confer by telephone or video with Mr. Samuel within 3 days to attempt to resolve the dispute. Failure to comply may lead to sanctions, including the preclusion of evidence or a default. (2) Upon an assurance of cooperation from Ms. Aron, Mr. Hoffman withdraws his motion to withdraw without prejudice to reinstate it if the attorney-client relationship is irreparably impaired. Motion Hearing held on 4/7/2021 re #29 MOTION to Withdraw as Attorney filed by David John Hoffman (FTR Log #11:45-12:02 (AT&T).) (Levy, Robert) |
| Filing 29 MOTION to Withdraw as Attorney by David John Hoffman. (Attachments: #1 Declaration, #2 Memorandum in Support) (Hoffman, David) |
| Filing 28 Email/Letter from Christopher Samuel to Magistrate Levy, advising that the first set of interrogatories were sent to David John Hoffman on March 5, 2021. (Piper, Francine) |
| Filing 27 Email/Letter to Magistrate Judge Levy from Christopher Samuel, Pro Se stating that his initial disclosures has been sent to David John Hoffman. (Lee, Tiffeny) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Christopher Samuel, pro se; David Hoffman, incoming counsel for defendant. (1) Discovery discussed and explained to Mr. Samuel, who was referred to the EDNY/ABCNY Legal Assistance program for assistance. (2) Automatic disclosures shall be served by 3/2/21. Interrogatories and document requests shall be served by 3/5/21; responses by 4/5/21. Next conference 4/7/21 at 11:30 (same dial-in number and access code).Status Conference held on 2/16/2021 (FTR Log #2:05-2:30 (approx).) (Levy, Robert) |
| Filing 26 ANSWER to #20 Amended Complaint by All Defendants. (Hoffman, David) |
| Filing 25 NOTICE of Appearance by David John Hoffman on behalf of All Defendants (aty to be noticed) (Hoffman, David) |
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ORDER terminating #23 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Robert M. Levy on 1/23/2021. (Levy, Robert)
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| Filing 24 NOTICE by Eve Aron (Attachments: #1 Exhibit, #2 Certificate of Service) (Orel, Stephen) |
| Filing 23 MOTION to Withdraw as Attorney by Eve Aron. (Attachments: #1 Exhibit) (Orel, Stephen) |
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ORDER granting #21 Motion to Seal Document Ordered by Magistrate Judge Robert M. Levy on 1/11/2021. (Levy, Robert)
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ORDER granting #19 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov.. Ordered by Magistrate Judge Robert M. Levy on 1/11/2021. (Levy, Robert)
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ORDER granting #18 Motion to Withdraw as Attorney. Attorney Stephen Howard Orel terminated. Ms. Aron is granted until 2/11/21 to obtain new counsel or be prepared to proceed pro se. A conference is scheduled for 2/16/21 at 2:00. Via AT&T conference line. Dial-in number (888) 684-8852; access code 6223489#. Outgoing counsel shall serve a copy of this Order on Ms. Aron forthwith and file it with the court, as well as provide Ms. Arons contact information. Ordered by Magistrate Judge Robert M. Levy on 1/11/2021. (Levy, Robert)
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ORDER granting #22 Motion for Extension of Time to Answer Eve Aron answer due 2/12/2021. Ordered by Magistrate Judge Robert M. Levy on 1/7/2021. (Marino, Janine)
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| Filing 22 MOTION for Extension of Time to File Answer re #20 Amended Complaint by Eve Aron. (Orel, Stephen) |
| Filing 21 MOTION to Seal Document #20 Amended Complaint by Eve Aron. (Orel, Stephen) |
| Filing 20 AMENDED COMPLAINT against Eve Aron, filed by Christopher Samuel. (Piper, Francine) |
| Filing 19 MOTION for Leave to Electronically File Document under Seal by Eve Aron. (Attachments: #1 Declaration, #2 Exhibit) (Orel, Stephen) |
| Filing 18 MOTION to Withdraw as Attorney by Eve Aron. (Attachments: #1 Memorandum in Support, #2 Certificate of Service) (Orel, Stephen) |
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Filing 17
ORDER. The Court grants Defendant's motion and dismisses Plaintiff's tortious interference with an economic advantage, breach of the implied covenant of good faith and fair dealing, fraudulent inducement, and unjust enrichment claims pursuant to Rule 12(b)(6). The Court grants Plaintiff leave to file an amended complaint within thirty (30) days of the date of this Memorandum and Order. If Plaintiff fails to file an amended complaint within thirty days, only Plaintiff's breach of contract claim will proceed. The Clerk of Court is directed to mail a copy of this Memorandum and Order to Plaintiff's address of record.Ordered by Judge Margo K. Brodie on 12/1/2020. (Valentin, Winnethka)
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| Filing 16 Letter Enclosing Courtesy Copies of Motion Papers by Eve Aron (Orel, Stephen) |
| Filing 15 AFFIDAVIT of Christopher Samuel in support of opposition to defendant's motion to dismiss. (Piper, Francine) |
| Filing 14 MEMORANDUM OF LAW in Opposition re #12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Christopher Samuel. (Attachments: #1 Letter) (Piper, Francine) |
| Filing 13 REPLY in Support re #12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Eve Aron. (Attachments: #1 Certificate of Service) (Orel, Stephen) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Eve Aron. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit, #4 Certificate of Service) (Orel, Stephen) |
| Filing 11 AFFIRMATION OF SERVICE, Re: Affidavit for Default Judgment and Plaintiff's Memorandum of Law served on Stephen H. Orel on January 7, 2020, filed by Christopher Samuel. (Piper, Francine) |
| Filing 10 Letter by Eve Aron (Orel, Stephen) |
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ORDER granting #9 Motion for Extension of Time to File. Defendant shall serve her motion on or before December 11, 2019; plaintiff shall serve his opposition on or before January 9, 2020; defendant shall serve and file her reply on or before January 29, 2020. Ordered by Judge Margo K. Brodie on 11/20/2019. (Beeney, Eliza)
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| Filing 9 First MOTION for Extension of Time to File Motion to Dismiss by Eve Aron. (Attachments: #1 Exhibit email exchange 11 18 19, #2 Certificate of Service) (Orel, Stephen) |
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ORDER re #8 Proposed Scheduling Order. The Court adopts the parties' proposed briefing schedule. Defendant shall serve her motion on or before November 22, 2019; plaintiff shall serve his opposition on or before December 20, 2019; defendant shall serve and file her reply, if any, on or before January 10, 2020. Ordered by Judge Margo K. Brodie on 10/23/2019. (Beeney, Eliza)
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| Filing 8 Proposed Scheduling Order by Eve Aron (Orel, Stephen) |
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ORDER granting in part and denying in part #7 Motion for Pre Motion Conference. The Court denies defendant's request for a pre motion conference. Defendant is directed to propose a briefing schedule for her anticipated motion. Ordered by Judge Margo K. Brodie on 10/18/2019. (Beeney, Eliza)
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| Filing 7 MOTION for pre motion conference re #1 Complaint by Eve Aron. (Attachments: #1 Certificate of Service) (Orel, Stephen) |
| Filing 6 NOTICE of Appearance by Stephen Howard Orel on behalf of Eve Aron (aty to be noticed) (Attachments: #1 Certificate of Service) (Orel, Stephen) |
| Filing 5 SUMMONS Returned Executed by Christopher Samuel. Eve Aron served on 9/26/2019, answer due 10/17/2019. (Piper, Francine) |
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Filing 4
ORDER: The Honorable Margo K. Brodie, United States District Judge, has assigned this case to me for all pretrial purposes. Enclosed is a copy of the Individual Practices of Magistrate Judge Robert M. Levy. The Court's records reflect that the complaint in this action was filed on September 12, 2019. Rule 4(m) of the Federal Rules of Civil Procedure provides: If a defendant is not served within 90 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Plaintiff shall promptly advise the Court once the defendant has been served. Accordingly, if service is not made upon defendant by December 11, 2019, or plaintiff fails to show good cause why such service has not been effected, it will be recommended that the Court dismiss this action without prejudice. Ordered by Magistrate Judge Robert M. Levy on 9/17/2019. (Attachments: #1 Individual Rules) (Marino, Janine)
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| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to Eve Aron. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Eve Aron, filed by Christopher Samuel. (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (Bowens, Priscilla) |
| FILING FEE: $ 400, receipt number 4653143619 (Bowens, Priscilla) |
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