Treyger v. First Class Furniture and Rugs Inc. et al
| Leonid Treyger |
| 108 Corona Realty Corp., John Doe 1-X, First Class Furniture and Rugs Inc. and Corporations 1-X |
| 1:2021cv02902 |
| May 24, 2021 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Roanne L Mann |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 24 AFFIDAVIT/AFFIRMATION re #23 Clerk's Judgment,,,, #22 Order Adopting Report and Recommendations,,,,, Order on Motion for Default Judgment,,,,,,,,,, Order on Motion for Attorney Fees,,,,, Order on Report and Recommendations,,,, Affidavit of Service of Memorandum and Order, and Judgment by Leonid Treyger (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Grinblat, Michael) |
| Filing 23 CLERK'S JUDGMENT, that Defendants are found liable under the ADA, NYpRlL,NYSHRL, and NYCHRL; that Defendants shall prepare architectural plans remedying the ADAAG violations described in the Complaint and provide Plaintiffs counsel with those plans within sixty days of this order; that after that. Plaintiff is afforded thirty days to file a motion seeking relief if Defendants' proposed plans are inadequate to remedy such violations; that Defendants shall implement the plans and remedy any violations within sixty days of either Plaintiffs agreement or a ruling by this Court that the plans are adequate; that Plaintiffs request for declaratory relief is denied as moot in light of this order; that Defendants are joint and severally liable to Plaintiff for $1,500.00 in damages under the NYSHRL, NYCHRL, and NYCRL; and that finally. Defendants are joint and severally liable for a total of $8,250.18 in attorneys' fees-and costs. (Signed by Jalitza Poveda, Deputy Clerk on 2/25/2022) (Galeano, Sonia) |
Filing 22
MEMORANDUM & ORDER: The R&R #18 is adopted in its entirety. Defendants are liable under the ADA, NYCRL, NYSHRL, and NYCHRL. Defendants shall prepare architectural plans remedying the ADAAG violations described in the Complaint and provide Plaintiff's counsel with those plans within sixty days of this order. After that, Plaintiff is afforded thirty days to file a motion seeking relief if Defendants' proposed plans are inadequate to remedy such violations. Defendants shall implement the plans and remedy any violations within sixty days of either Plaintiff's agreement or a ruling by this Court that the plans are adequate. Plaintiff's request for declaratory relief is denied as moot in light of this order. Defendants are joint and severally liable to Plaintiff for $1,500.00 in damages under the NYSHRL, NYCHRL, and NYCRL. Finally, Defendants are joint and severally liable for a total of $8,250.18 in attorneys' fees and costs. The Clerk of Court is respectfully directed to enter judgment and close the case. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 2/23/2022. (Guy, Alicia)
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ORDER re #18 REPORT AND RECOMMENDATIONS. The Court has been informed that the copies of its Report and Recommendation (DE #18), which were sent to defendants via regular mail by the Clerk of the Court on January 10, 2022, have been returned as undeliverable due to insufficient postage. Copies of the R&R were resent to defendants with proper postage today, January 21, 2022. The deadline for defendants to object to the R&R is extended, sua sponte, until February 7, 2022. The Clerk is requested to mail copies of this Order to defendants at the same addresses to which the R&Rs were sent. The January 25, 2022 deadline by which plaintiff must object to the R&R remains unchanged. Ordered by Magistrate Judge Roanne L. Mann on 1/21/2022. (Ertzbischoff, Natasha)
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| Filing 20 Mail Returned as Undeliverable, "Returned for Additional Postage." Report and Recommendation dated 1/10/2022 previously sent to 108 Corona Realty Corp. (Galeano, Sonia) |
| Filing 21 Mail Returned as Undeliverable, "Returned for Additional Postage." Report and Recommendation dated 01/10/2022 previously sent to First Class Furniture and Rugs, Inc. c/o Spiegel and Utrera, P.A., P.C. (Galeano, Sonia) |
| Filing 19 AFFIDAVIT/AFFIRMATION re #18 REPORT AND RECOMMENDATIONS re #15 MOTION for Attorney Fees Affidavit of Attorney's Fees, Costs, and Declaration filed by Leonid Treyger, #12 MOTION for Default Judgment Against 108 Corona Realty Corp. filed by Leonid Treyg Affidavit of Service of Report and Recommendation by Leonid Treyger (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Grinblat, Michael) |
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Filing 18
REPORT AND RECOMMENDATIONS re #11 , #12 MOTIONS for Default Judgment and #15 MOTION for Attorney Fees. For the reasons stated in the attached, this Court respectfully recommends that the District Court grant in part plaintiff's motions for default judgment against defendants First Class and 108 Corona, as follows: (1) defendants be found liable under the ADA, NYCRL, NYSHRL, and NYCHRL; (2) an injunction issue requiring defendants to prepare architectural plans remedying the violations of the ADAAG described in the Complaint, and to provide plaintiff's counsel with those plans within 60 days of any order adopting this Report and Recommendation; (3) plaintiff be awarded a total amount of $1,500.00 in damages under the NYSHRL, NYCHRL, and NYCRL against defendants, jointly and severally; and (4) plaintiff be awarded attorneys' fees and costs in the total amount of $8,250.18 against defendants, jointly and severally. This Court further recommends that all other relief sought by plaintiff be denied, including his request for a declaratory judgment, and that the claims against the unidentified defendants be dismissed. Objections to R&R due by 1/25/2022. See attached. Ordered by Magistrate Judge Roanne L. Mann on 1/10/2022. (Ertzbischoff, Natasha)
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| Filing 17 AFFIDAVIT/AFFIRMATION re #12 MOTION for Default Judgment Against 108 Corona Realty Corp. by Leonid Treyger (Attachments: #1 Exhibit) (Grinblat, Michael) |
| Filing 16 AFFIDAVIT/AFFIRMATION re #11 MOTION for Default Judgment Against First Class Furniture and Rugs Inc. by Leonid Treyger (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Grinblat, Michael) |
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SCHEDULING ORDER re #11 , #12 MOTIONS for Default Judgment. Upon further review of the record, the Court has determined that plaintiff has not properly submitted proof of service of the motions for default judgment (DE #11 and #12) on defendants in accordance with Local Civil Rule 55.2(c). While the "certificate of service" included in each motion for default judgment states that service was simultaneously made on the corresponding defendant via the United States Postal Service, these certificates do not clearly include plaintiff counsel's signature, electronic or otherwise. Plaintiff's counsel is instructed to submit revised proof of service of plaintiff's motions for default judgment on defendants by January 5, 2022. Ordered by Magistrate Judge Roanne L. Mann on 12/29/2021. (Ertzbischoff, Natasha)
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| Filing 15 MOTION for Attorney Fees Affidavit of Attorney's Fees, Costs, and Declaration by Leonid Treyger. (Attachments: #1 Exhibit Exhibit 1 - Invoice, #2 Exhibit Exhibit 2 - USAO Attorney's Fees Matrix - 2015-2021, #3 Exhibit Exhibit 3 - Receipts) (Grinblat, Michael) |
| Filing 14 AFFIDAVIT of Service for Court's Order [Doc. No. 13] served on All Defendants on 9/23/21, filed by Leonid Treyger. (Attachments: #1 Exhibit 1. Proof of Mailing of Court's Order [Doc. No. 13]) (Grinblat, Michael) |
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Filing 13
SCHEDULING ORDER re #11 , #12 MOTIONS for Default Judgment. Since plaintiff seeks an award of attorney's fees, counsel should submit the fee application now, including but not limited to contemporaneous time records. Therefore, by October 5, 2021, plaintiff is directed to serve and file plaintiff's application for attorney's fees and costs. Defendants are directed to show cause, in writing, by October 19, 2021 (with a copy served on plaintiff's counsel), why the relief requested in plaintiff's motion papers (which were reportedly served on defendants on August 20, 2021), and plaintiff's supplemental request for attorney's fees and costs, should not be granted. Defendants are warned that their failure to file a timely response will likely result in a judgment being entered against them. Plaintiff is directed to promptly serve a copy of this Order on defendants and to file proof of mailing. See attached. Ordered by Magistrate Judge Roanne L. Mann on 9/21/2021. (Proujansky, Josh)
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ORDER REFERRING MOTION: The MOTIONS for Default Judgment #11 , #12 filed by Leonid Treyger is respectfully referred to Magistrate Judge Roanne L. Mann for a Report and Recommendation. Ordered by Judge Eric R. Komitee on 8/23/2021. (Guy, Alicia)
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| Filing 12 MOTION for Default Judgment Against 108 Corona Realty Corp. by Leonid Treyger. (Attachments: #1 Exhibit 1. Notice to the NYS Civil Rights Bureau Regarding Filing of the Present Lawsuit, #2 Exhibit 2. USPS Label Proof of Mailing of Notice to the NYS Civil Rights Bureau Regarding Filing of the Present Lawsuit, #3 Exhibit 3. Notice to the NYC Commission on Human Rights Regarding Filing of the Present Lawsuit, #4 Exhibit 4. USPS Label Proof of Mailing of Notice to the NYC Commission on Human Rights Regarding Filing of the Present Lawsuit) (Grinblat, Michael) |
| Filing 11 MOTION for Default Judgment Against First Class Furniture and Rugs Inc. by Leonid Treyger. (Attachments: #1 Exhibit Exhibit 1. Notice to the NYS Civil Rights Bureau Regarding Filing of the Present Lawsuit, #2 Exhibit Exhibit 2. USPS Label Proof of Mailing of Notice to the NYS Civil Rights Bureau Regarding Filing of the Present Lawsuit, #3 Exhibit Exhibit 3. Notice to the NYC Commission on Human Rights Regarding Filing of the Present Lawsuit, #4 Exhibit Exhibit 4. USPS Label Proof of Mailing of Notice to the NYC Commission on Human Rights Regarding Filing of the Present Lawsuit) (Grinblat, Michael) |
| Filing 10 MOTION for Default Judgment Against 108 Corona Realty Corp. by Leonid Treyger. (Grinblat, Michael) |
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ORDER denying #9 Motion for Default Judgment; denying #10 Motion for Default Judgment -- The motions are denied without prejudice to renewal in compliance with Rule III.C.3 of this # Court's Individual Practices and Rules. Any renewed motions for default judgment shall be filed electronically by September 3, 2021. Ordered by Judge Eric R. Komitee on 8/19/2021. (Guy, Alicia)
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| Filing 9 MOTION for Default Judgment Against First Class Furniture and Rugs Inc. by Leonid Treyger. (Grinblat, Michael) |
| 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 Leonid Treyger (Grinblat, Michael) |
| Filing 6 SUMMONS Returned Executed by Leonid Treyger. 108 Corona Realty Corp. served on 6/4/2021, answer due 6/25/2021. (Grinblat, Michael) |
| Filing 5 SUMMONS Returned Executed by Leonid Treyger. First Class Furniture and Rugs Inc. served on 6/4/2021, answer due 6/25/2021. (Grinblat, Michael) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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 108 Corona Realty Corp., First Class Furniture and Rugs Inc.. (Attachments: #1 108 summons) (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14499177 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Leonid Treyger. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons First Class Furniture and Rugs Inc., #3 Proposed Summons 108 Corona Realty Corp.) (Grinblat, Michael) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Roanne L. Mann. 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. (Bowens, Priscilla) |
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