Grinblat v. First Class Furniture and Rugs Inc. et al
| Semyon Grinblat |
| 108 Corona Realty Corp., First Class Furniture and Rugs Inc., John Doe 1-X and Corporations 1-X |
| 1:2020cv06048 |
| December 11, 2020 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Sanket J Bulsara |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 CLERK'S JUDGMENT: ORDERED and ADJUDGED that this action is dismissed. Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 7/30/2021. (Tavarez, Jennifer) |
Filing 13
MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: No such error appears. Accordingly, the Court adopts the Sua Sponte Report and Recommendation #11 without de novo review and directs the Clerk to enter judgment in accordance with the Report and Recommendation. Ordered by Judge Frederic Block on 7/29/2021. (Innelli, Michael)
|
|
ORDER: The motion #12 is denied. Plaintiff Semyon Grinblat passed away on February 13, 2021. (Dkt. No. #9 ). On March 4, 2021, his counsel moved to stay this action pending a motion for substitution. (Dkt. No. #10 ). The motion to stay was denied on April 23, 2021. (Dkt. No. #11 ). Now, Mr. Grinblat's attorney, Adam Ford, moves to withdraw the motion to stay, to withdraw as counsel, and to dismiss this action without prejudice. All three motions are denied. First, the motion to withdraw the motion to stay is denied as moot; the motion has already been denied. Second, the motion to withdraw as counsel is denied. Local Civil Rule 1.4 provides that any motion to withdraw must indicate, in addition to the reasons for withdrawal, whether the attorney is asserting a lien and must also be served upon the client unless excused by the Court. Mr. Ford's motion complies with neither of these requirements, and must be denied. And third, the motion to dismiss this action without prejudice must be denied. Mr. Ford's authority to act on behalf of his client terminated with Mr. Grinblat's death. Restatement (Third) of the Law Governing Lawyers 31(2)(b) (2021) ("[A] lawyer's actual authority to represent a client ends when... the client dies[.]"); Smith v. Planas, 151 F.R.D. 547, 549-50 (S.D.N.Y. 1993) ("The attorney is not a party to the action and the attorney's authority to represent the decedent terminated upon death."). The Court respectfully recommends that the action be dismissed for lack of jurisdiction, as set out in its Report and Recommendation dated April 23, 2021. (Dkt. No. #11 ). So Ordered by Magistrate Judge Sanket J. Bulsara on 5/7/2021. (Altreuter, Sylvia)
|
| Filing 12 First MOTION to Dismiss Without Prejudice, First MOTION to Withdraw as Attorney Adam D. Ford by Semyon Grinblat. (Ford, Adam) |
|
Filing 11
REPORT AND RECOMMENDATION: For the reasons stated in the attached R&R, the motion to stay #10 is denied and the Court respectfully recommends that the case be dismissed. Any objections to the R&R to dismiss this action must be filed with the Clerk of Court by 5/7/2021. 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 R&R. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2); Caidor v. Onondaga County, 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."). So Ordered by Magistrate Judge Sanket J. Bulsara on 4/23/2021. (Altreuter, Sylvia)
|
|
ORDER TO SHOW CAUSE: Plaintiff passed away on 2/13/2021. (Dkt. No. #9 ). On 3/4/2021, Plaintiff's counsel moved to stay this action to permit a representative of Plaintiff's estate make a motion for substitution pursuant to Rule 25. Rule 25 provides that, "[i]f a party dies and the claim is not extinguished, the court may order substitution of the proper party." Fed. R. Civ. P. 25(a)(1) (emphasis added). Plaintiff seeks injunctive and declaratory relief under title III of the Americans with Disabilities Act, claims which are extinguished by his death. See, e.g., Grinblat v. Nulife of Brooklyn, LLC, No. 20-CV-5854, 2021 WL 1193147, at *1 (E.D.N.Y. Mar. 30, 2021). In light of the extinguishment of Plaintiff's federal claims, the Court vacates the order granting the motion to stay, (Order dated 3/5/2021), and instead directs Plaintiff's counsel to show cause, by 4/14/2021, as to why any Rule 25 motion would be proper, why the Court possesses jurisdiction over Plaintiff's state-law claims, and the legal authority for a motion to substitute a new named plaintiff to represent the putative class action. If counsel fails to respond, the Court will recommend the action be dismissed as moot and/or dismissed for failure to prosecute pursuant to Rules 37 and 41. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/7/2021. (Altreuter, Sylvia)
|
|
ORDER: The Motion to Stay #10 is granted. The deadline by which to file a motion for default judgment is stayed. Plaintiff is directed to file a Rule 25 motion by 6/3/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/5/2021. (Farrell, Gillian)
|
| Filing 10 MOTION to Stay by Semyon Grinblat. (Ford, Adam) |
| Filing 9 SUGGESTION OF DEATH Upon the Record by Semyon Grinblat (Ford, Adam) |
|
ORDER: In light of the Clerk of Court's Entry of Default, Plaintiff is directed to file any motion for default judgment by 4/14/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/13/2021. (Farrell, Gillian)
|
| Filing 8 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant 108 Corona Realty Corp., First Class Furniture and Rugs Inc. has failed to appear or otherwise defend this action, the default of defendant 108 Corona Realty Corp., First Class Furniture and Rugs Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 7 Request for Certificate of Default by Semyon Grinblat (Ford, Adam) |
| Filing 6 SUMMONS Returned Executed by Semyon Grinblat. 108 Corona Realty Corp. served on 1/6/2021, answer due 1/27/2021. (Ford, Adam) |
| Filing 5 SUMMONS Returned Executed by Semyon Grinblat. First Class Furniture and Rugs Inc. served on 1/6/2021, answer due 1/27/2021. (Ford, Adam) |
| Filing 4 Summons Issued as to 108 Corona Realty Corp., First Class Furniture and Rugs Inc.. (Attachments: #1 Summons) (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number CNYEDC-13823913 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Semyon Grinblat. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons First Class Furniture and Rugs Inc., #3 Proposed Summons 108 Corona Realty Corp.) (Ford, Adam) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Sanket J. Bulsara. 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. (Davis, Kimberly) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
