Hough v. Maraj et al
| Jennifer Hough |
| Onika Tanya Maraj, Kenneth Petty, Nicki Minaj and Zoo |
| 1:2021cv04568 |
| August 13, 2021 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Eric N Vitaliano |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 79 MOTION for pre motion conference to file a motion to dismiss the Amended Complaint by Kenneth Petty. (Attachments: #1 Exhibit Affidavit of Service, #2 Exhibit Declaration of Process Server) (Isser, Steven) |
| Minute Entry for Status Conference proceedings held on 6/17/2022 before Magistrate Judge James R. Cho: appearances by Tyrone Anthony Blackburn for plaintiff; Steven David Isser for defendant Kenneth Petty. Defendant anticipates moving to dismiss for improper service. Defendant shall file his premotion letter by 7/8/2022, and plaintiff to respond by 7/15/2022 in accordance with the assigned District Judge's Individual Rules. Settlement discussions held off the record. The Court encouraged the parties to continue discussing settlement privately. (FTR Log #10:09-10:12; 10:33-10:34.) (Beckham, Joshua) |
| Filing 78 MOTION to Adjourn Conference or Excuse Counsel's Attendance by Onika Tanya Maraj. (Burstein, Judd) |
ORDER denying #78 Motion to Adjourn Conference. The in person status conference previously scheduled for 6/17/2022 at 10:00 a.m. will proceed as scheduled. Attorney Judd Burstein is excused from participating at the conference. Ordered by Magistrate Judge James R. Cho on 6/16/2022. (Gillespie-Cardo, Saudia)
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ORDER finding as moot #66 Motion for Default Judgment. Given the withdrawal at #77 of plaintiff's #66 motion for default judgment, plaintiff's #66 amended motion for default judgment is terminated as moot. Ordered by Judge Eric N. Vitaliano on 5/20/2022. (Federowicz, Stephen)
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ORDER granting #63 Motion to Withdraw #63 First MOTION to Withdraw #55 Letter . Ordered by Judge Eric N. Vitaliano on 5/19/2022. (Federowicz, Stephen)
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ORDER terminating #61 Motion to Amend/Correct/Supplement. Given the voluntary dismissal of plaintiff's claims against former defendant Maraj at #49 , the motion to amend by plaintiff's counsel is terminated as moot. Ordered by Judge Eric N. Vitaliano on 5/19/2022. (Federowicz, Stephen)
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ORDER granting #68 Motion for Extension of Time to File. As the parties have already filed their fully-briefed motion, the request is granted. Ordered by Judge Eric N. Vitaliano on 5/19/2022. (Federowicz, Stephen)
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ORDER finding as moot #41 Motion for Default Judgment. In light of plaintiff's voluntary dismissal of her claims against defendant Maraj, plaintiff's motion for default judgment against defendant Majaj is terminated as moot. Ordered by Judge Eric N. Vitaliano on 5/19/2022. (Federowicz, Stephen)
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ORDER terminating #25 Motion for Default Judgment. As indicated by Magistrate Judge's 2/2/2022 order, plaintiff withdrew this motion for default judgment against defendant petty. The motion is, accordingly, terminated. Ordered by Judge Eric N. Vitaliano on 5/19/2022. (Federowicz, Stephen)
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ORDER finding as moot #42 Motion to Amend/Correct/Supplement. In light of plaintiff's voluntary dismissal of her claims against defendant Maraj, her motion to amend her default judgment motion against defendant Maraj is terminated as moot. Ordered by Judge Eric N. Vitaliano on 5/19/2022. (Federowicz, Stephen)
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ORDER finding as moot #31 Motion to Vacate #31 MOTION to Vacate Certificate of Default. In light of plaintiff's withdrawal at #77 of its #25 motion for default judgment, defendant Petty's motion to vacate the certificate of default is terminated as moot. Ordered by Judge Eric N. Vitaliano on 5/19/2022. (Federowicz, Stephen)
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ORDER re #77 : Motion to Withdraw the Amended Motion for Default Judgment (DE #66 ) is granted. Defendant Petty's response to the complaint is stayed until the June 17, 2022 conference. Ordered by Magistrate Judge James R. Cho on 5/18/2022. (Maneval, Sarah)
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| Incorrect Case/Document/Entry Information: Status Report Order entered on 5/16/2022 inadvertently filed in the wrong case. Entry deleted. Parties to disregard. (Gillespie-Cardo, Saudia) |
| Filing 77 First MOTION to Withdraw #66 Amended MOTION for Default Judgment by Jennifer Hough. (Blackburn, Tyrone) |
| Minute Entry for Status Conference proceedings held on 5/12/2022 before Magistrate Judge James R. Cho: appearances by Tyrone Anthony Blackburn for plaintiff; Steven David Isser for defendant Kenneth Petty; and Judd Burstein for former defendant Onika Tanya Maraj (by telephone). Pending motion for default judgment and motion to vacate discussed. By 5/13/2022, plaintiff to advise the Court of her position with respect to the pending motion for default judgment. An in-person conference is scheduled for June 17, 2022 at 10:00 a.m. in Courtroom 11D South before Magistrate Judge James R. Cho. (FTR Log #2:56-3:00; 3:13-3:14.) (Gillespie-Cardo, Saudia) Modified typographical error on 5/12/2022 (Gillespie-Cardo, Saudia). |
| Filing 76 Letter re: 05/12/2022 Conference by Onika Tanya Maraj (Burstein, Judd) |
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ORDER: Mr. Burstein's request to participate in the May 12, 2022 conference by telephone is granted (Dkt. 76). Mr. Burstein shall contact the Chambers of Magistrate Judge James R. Cho in advance of the conference and provide the Court with his preferred telephone number. The Court will call Mr. Burstein directly at the start of the conference. Counsel for all other parties shall appear in person. Ordered by Magistrate Judge James R. Cho on 5/6/2022. (Gillespie-Cardo, Saudia)
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Scheduling Order: An in-person conference is scheduled for May 12, 2022 at 3:00 p.m. in Courtroom 11D South before Magistrate Judge James R. Cho. Counsel for all parties must attend. Counsel for Maraj is encouraged to participate as well. Ordered by Magistrate Judge James R. Cho on 5/5/2022. (Maneval, Sarah)
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| Filing 75 TRANSCRIPT of Proceedings held on April 29, 2022, before Judge Cho. Court Transcriber: Superior Reporting Services LLC. Email address: transcripts@superiorreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/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 5/25/2022. Redacted Transcript Deadline set for 6/4/2022. Release of Transcript Restriction set for 8/2/2022. (Rocco, Christine) |
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ORDER granting #74 Motion to Withdraw the Declarations of Steven Gordon and Mrs. Gordon (Dkt. Nos. 71-2 and 71-3). Ordered by Magistrate Judge James R. Cho on 5/4/2022. (Gillespie-Cardo, Saudia)
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| Filing 74 Letter MOTION to Withdraw the Declarations of Steven Gordon and Mrs. Gordon (Dkt. Nos. 71-2 and 71-3) by Onika Tanya Maraj. (Burstein, Judd) |
| Minute Entry for Pre-Motion Conference held on 4/29/2022 before Magistrate Judge James R. Cho: Appearances by Tyrone Anthony Blackburn for plaintiff; Judd Burstein for former defendant Onika Tanya Maraj ("Maraj"); and Susan Kellman for non-party Ciardone Franklin Gordon ("Mrs. Gordon"). The Court heard argument on whether plaintiff should be permitted to file a sur-reply in opposition to Maraj's motion for sanctions (Dkt. 72). The Court also held settlement discussions off the record.Maraj to withdraw the declarations of Steven Gordon and Mrs. Gordon (Dkts. 71-2 and 71-3) by 5/6/2022. Plaintiff has withdrawn his request to file a sur-reply in opposition to Maraj's motion for sanctions. (FTR Log #9:08-9:34; 10:21-10:22.) (Gillespie-Cardo, Saudia) |
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ORDER re #72 : The Court grants defendant Maraj's emergency request for a conference (Dkt. #72 ). Until the conference, no party shall file any further pleadings in connection with the pending sanctions motion without Court approval. Attorneys for plaintiff and defendant Maraj shall appear on April 29, 2022 at 9 a.m. in Courtroom 11D South. Counsel for defendant Petty is excused from attending this conference. Ordered by Magistrate Judge James R. Cho on 4/27/2022. (Maneval, Sarah)
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ORDER. Ms. Maraj's motion for sanctions at #69 , as well as her request for an emergency pre-motion conference at #72 , are, in addition to plaintiff's #66 default judgment motion, respectfully referred to Magistrate James R. Cho for a report and recommendation as to his findings. Ordered by Judge Eric N. Vitaliano on 4/26/2022. (Federowicz, Stephen)
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| MOTIONS REFERRED: #72 Emergency MOTION for pre motion conference in camera, #66 Amended MOTION for Default Judgment , #69 MOTION for Sanctions Against Plaintiff Jennifer Hough's Counsel, Tyrone Blackburn Motions referred to James R. Cho. (Tavarez, Jennifer) |
| Filing 73 REPLY in Opposition re #72 Emergency MOTION for pre motion conference in camera filed by Jennifer Hough. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Blackburn, Tyrone) |
| Filing 72 Emergency MOTION for pre motion conference in camera by Onika Tanya Maraj. (Burstein, Judd) |
| Filing 71 REPLY in Support re #69 MOTION for Sanctions Against Plaintiff Jennifer Hough's Counsel, Tyrone Blackburn filed by Onika Tanya Maraj. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Burstein, Judd) |
| Filing 70 RESPONSE in Opposition re #69 MOTION for Sanctions Against Plaintiff Jennifer Hough's Counsel, Tyrone Blackburn filed by Onika Tanya Maraj. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Memorandum in Opposition) (Burstein, Judd) |
| Filing 69 MOTION for Sanctions Against Plaintiff Jennifer Hough's Counsel, Tyrone Blackburn by Onika Tanya Maraj. (Attachments: #1 Declaration of Judd Burstein, dated February 2, 2022, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Memorandum in Support) (Burstein, Judd) |
| Filing 68 MOTION for Extension of Time to File Fully-Briefed Motion for Sanctions and Serve Reply by Onika Tanya Maraj. (Burstein, Judd) |
| Filing 67 MEMORANDUM in Opposition re #25 First MOTION for Default Judgment , #31 MOTION to Vacate Cerificate of Default, #66 Amended MOTION for Default Judgment filed by Kenneth Petty. (Attachments: #1 Declaration of Kenneth Petty, #2 Exhibit 1 of Petty Decl., #3 Exhibit 2 of Petty Decl., #4 Exhibit 3 of Petty Decl., #5 Declaration of Steven D. Isser, #6 Exhibit 1 to Isser Declaration, #7 Exhibit 2 to Isser Declaration, #8 Exhibit 3 to Isser Declaration, #9 Exhibit 4 to Isser Declaration, #10 Exhibit 5 to Isser Declaration, #11 Exhibit 6 to Isser Declaration, #12 Exhibit 7 to Isser Declaration, #13 Exhibit 8 to Isser Declaration, #14 Exhibit 9 to Isser Declaration) (Isser, Steven) |
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ORDER REFERRING MOTION: #66 Amended MOTION for Default Judgment filed by Jennifer Hough is respectfully referred to Magistrate Judge James R. Cho for a report and recommendation as to his findings. Ordered by Judge Eric N. Vitaliano on 2/15/2022. (Federowicz, Stephen)
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| Filing 66 Amended MOTION for Default Judgment by Jennifer Hough. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Notice of Motion, #9 Proposed Judgment, #10 Declaration, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Exhibit D, #15 Exhibit E, #16 Exhibit F, #17 Exhibit G, #18 Exhibit J, #19 Exhibit K, #20 Exhibit L, #21 Declaration, #22 Exhibit A) (Blackburn, Tyrone) |
| Filing 65 TRANSCRIPT of Proceedings held on January 31, 2022, before Judge Cho. Court Reporter/Transcriber Opti-Script, Inc., Telephone number 800-494-7500. Email address: production@opti-script.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/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 2/23/2022. Redacted Transcript Deadline set for 3/5/2022. Release of Transcript Restriction set for 5/3/2022. (Hong, Loan) |
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ORDER granting #64 Motion to Withdraw #64 Letter MOTION to Withdraw #27 Letter, #25 First MOTION for Default Judgment , #26 Letter . Plaintiff's motion for default judgment against defendant Petty is withdrawn. In line with Magistrate Judge Cho's orders, plaintiff shall have until 2/14/2022 to re-file her motion for default judgment as to the remaining claims against defendant Petty. Defendant Petty shall respond by 2/28/2022. Ordered by Judge Eric N. Vitaliano on 2/2/2022. (Federowicz, Stephen)
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| Filing 64 Letter MOTION to Withdraw #27 Letter, #25 First MOTION for Default Judgment , #26 Letter by Jennifer Hough. (Blackburn, Tyrone) |
| Minute Order: Zoom Motion Hearing held on 1/31/2022 before Magistrate Judge James R. Cho. Appearances by Tyrone Blackburn and Steven Gordon for plaintiff; Steven Isser for defendant Petty. Hearing on Mr. Gordon's motion to withdraw as counsel 59. Mr. Gordon confirmed that he served a copy of his motion to withdraw on plaintiff and that he is asserting a charging lien. The Court held a brief off-the-record session with plaintiff's attorneys, with the consent of defendant's counsel, to discuss Mr. Gordon's motion. The Court grants counsel's motion to withdraw 59. Parties discussed plaintiff's pending motion for default. In light of the notice of voluntary dismissal of a number of claims against defendant Petty, plaintiff shall file a letter withdrawing her prior motion for default judgment against defendant Petty by the close of business on 1/31/2022.Plaintiff is granted leave until 2/14/2022 to re-file her motion for default judgment as to the remaining claims against defendant Petty. Defendant Petty shall respond by 2/28/2022. (Zoom Recording.) (Gillespie-Cardo, Saudia) |
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ORDER. The parties' joint proposed briefing schedule at #62 is adopted. Ms. Maraj's motion will be served on or before 2/2/2022. Plaintiff's counsel will answer the motion on or before 3/25/2022. Ms. Marajs reply will be served on or before 4/3/2022. The fully-briefed motion shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by 4/3/2022. SO Ordered by Judge Eric N. Vitaliano on 1/31/2022. (Federowicz, Stephen). Modified on 1/31/2022 (Tavarez, Jennifer).
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| Filing 63 First MOTION to Withdraw #55 Letter by Jennifer Hough. (Blackburn, Tyrone) |
| Filing 62 Letter re: Agreed Briefing Schedule for Motion by Onika Tanya Maraj (Burstein, Judd) |
| Filing 61 Supplemental MOTION to Amend/Correct/Supplement #41 First MOTION for Default Judgment This is a correction for the Blackburn Declaration by Jennifer Hough. (Blackburn, Tyrone) |
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Filing 60
NOTICE of Voluntary Dismissal: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff, JENNIFER HOUGH ("Plaintiff"), and her counsel hereby give notice that Plaintiff voluntarily dismisses the Fifth and Seventh causes of action against Defendant KENNETH PETTY, and only to the extent it relates to conduct from 2018 or later, the Fourth cause of action of the Amended Complaint, WITHOUT prejudice. SO Ordered by Judge Eric N. Vitaliano on 1/27/2022. (Tavarez, Jennifer)
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| Filing 59 Letter Withdrawing as Counsel for Plaintiff Jennifer Hough by Jennifer Hough (Gordon, Steven) Modified to add motion on 1/27/2022 (Gillespie-Cardo, Saudia). |
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SCHEDULING ORDER: A Motion Hearing via Zoom will be held on 1/31/2022 at 11:00 a.m. The Zoom conference information will be e-mailed to counsel. To access this conference telephonically, please dial (888) 808-6929 and use access code 1065334. Attorneys for plaintiff, Steven N. Gordon and Tyrone Anthony Blackburn, should come prepared to discuss #59 Letter Withdrawing as Counsel for Plaintiff. At the hearing, Mr. Gordon, as withdrawing counsel, shall confirm that he served his client with the motion to withdraw and indicate whether he is asserting a retaining or charging lien, as required by Local Civil Rule 1.4. Ordered by Magistrate Judge James R. Cho on 1/27/2022. (Gillespie-Cardo, Saudia)
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| Filing 58 NOTICE of Voluntary Dismissal by Jennifer Hough (Blackburn, Tyrone) |
| Filing 57 Letter in Response to Plaintiff Jennifer Hough's Counsel's 01/21/2022 and 01/24/2022 Letters (Doc. Nos. 55 and 56) by Onika Tanya Maraj (Burstein, Judd) |
| Filing 56 Letter in Response to Onika Tanya Maraj's 1/21/22 Letter by Jennifer Hough (Attachments: #1 Exhibit Exhibit A to Letter) (Gordon, Steven) |
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ORDER. By 1/31/2022, the parties shall submit a joint letter setting forth a proposed briefing schedule for the parties' proposed motions for sanctions. If, by then, the parties are unable to agree on a briefing schedule, the parties shall submit a joint letter to inform the Court of that fact, and the Court will set a briefing schedule. Apart from the submissions just described, the parties are directed to refrain from filing further letters on this issue. Ordered by Judge Eric N. Vitaliano on 1/24/2022.(Federowicz, Stephen)
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| Filing 55 Letter Response to Docket Entry #54 by Jennifer Hough (Attachments: #1 Exhibit A) (Blackburn, Tyrone) |
| Filing 54 Letter in Response to Plaintiff Jennifer Hough's Counsel's 01/21/2022 Letter (Doc. No. 53) by Onika Tanya Maraj (Burstein, Judd) |
| Filing 53 Letter in Response to Onika Tanya Maraj's 1/20/22 Letter by Jennifer Hough (Attachments: #1 Exhibit Exhibit A to Letter) (Gordon, Steven) |
| Filing 52 TRANSCRIPT of Proceedings held on January 20, 2022, before Judge Cho. Court Transcriber: Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. 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 2/11/2022. Redacted Transcript Deadline set for 2/21/2022. Release of Transcript Restriction set for 4/21/2022. (Rocco, Christine) |
| Filing 51 CERTIFICATE OF SERVICE by Onika Tanya Maraj re #50 Letter on Tara E. Faenza (Burstein, Judd) |
| Filing 50 Letter re: Briefing Schedule for Motion by Onika Tanya Maraj (Burstein, Judd) |
| Minute Entry for hearing conducted by zoom on plaintiff's motion for default judgment #25 and motion to vacate certificate of default #31 held on 1/20/2022 before Magistrate Judge James R. Cho: counsel for all parties appeared. The Court heard argument on the respective motions. Motions taken under advisement. (FTR Log #AT&T Conference Bridge.) (Maneval, Sarah) |
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Filing 49
NOTICE of Voluntary Dismissal: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff, JENNIFER HOUGH ("Plaintiff"), and her counsel hereby give notice that Plaintiff voluntarily dismisses her claims against Defendant ONIKA TANYA MARAJ, without prejudice. Party Onika Tanya Maraj terminated. SO Ordered by Judge Eric N. Vitaliano on 1/19/2022. (Tavarez, Jennifer)
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ORDER granting #47 Motion to Withdraw as Attorney. Tara Elizabeth Faenza and Michael Joseph Snizek are terminated as counsel of record for plaintiff Jennifer Hough. Ordered by Magistrate Judge James R. Cho on 1/18/2022. (Gillespie-Cardo, Saudia)
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| Filing 47 Letter MOTION to Withdraw as Attorney for Plaintiff by Jennifer Hough. (Faenza, Tara) |
| Filing 46 NOTICE of Voluntary Dismissal by Jennifer Hough as to Defendant Maraj (Blackburn, Tyrone) |
| Filing 45 RESPONSE to Motion re #42 Supplemental MOTION to Amend/Correct/Supplement #41 First MOTION for Default Judgment , #41 First MOTION for Default Judgment filed by Onika Tanya Maraj. (Burstein, Judd) |
| Filing 44 Letter re: Plaintiff's Reply Papers in Support of Motion for Default Judgment by Onika Tanya Maraj (Burstein, Judd) |
| Filing 43 RESPONSE in Opposition re #41 First MOTION for Default Judgment , #42 Supplemental MOTION to Amend/Correct/Supplement #41 First MOTION for Default Judgment filed by Onika Tanya Maraj. (Attachments: #1 Declaration of Judd Burstein, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Declaration of Defendant Onika Tanya Maraj, #9 Exhibit A, #10 Exhibit B, #11 Exhibit C, #12 Exhibit D) (Burstein, Judd) |
| Filing 42 Supplemental MOTION to Amend/Correct/Supplement #41 First MOTION for Default Judgment by Jennifer Hough. (Blackburn, Tyrone) |
| Filing 41 First MOTION for Default Judgment by Jennifer Hough. (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit A, #4 Declaration) (Blackburn, Tyrone) |
| Minute Entry: Motion Hearing held on 12/8/2021 before Magistrate Judge James R. Cho. Hearing on plaintiff's motion for reconsideration of the Clerk's denial of a certificate of default against defendant Onika Tanya Maraj (Maraj) (Dkt. 20). Counsel for all parties appeared. Argument heard. The Court reserves ruling on plaintiff's motion. The Court entered the following briefing schedule with respect to plaintiff's motion for default judgment against defendant Maraj: (1) plaintiff's motion due by 12/17/2021; (2) defendant Maraj's response due by 12/31/2021; and (3) plaintiff's reply due by 1/10/2022. Oral argument scheduled for 1/20/2022 at 10 a.m. by Zoom. Parties also should come prepared to argue plaintiff's motion for default judgment against defendant Kenneth Petty (Petty) (Dkt. 25) and defendant Petty's motion to vacate (Dkt. 31).The Zoom conference information will be e-mailed to counsel. To access this conference telephonically, please dial (888) 808-6929 and use access code 1065334. If any party has difficulty accessing the conference, please contact Saudia Gillespie-Cardo at 718-613-2114. (Zoom Video Recording.) (Gillespie-Cardo, Saudia) |
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Order re #20 : A hearing on plaintiff's motion to vacate the Clerk of Court's denial of a certificate of default judgment against defendant Maraj (DE #20 ) will be held via Zoom on December 8, 2021 at 2:00 p.m. before Magistrate Judge Cho. Counsel for all parties must appear. The Zoom conference information will be e-mailed to counsel. To access this conference telephonically, please dial (888) 808-6929 and use access code 1065334. If any party has difficulty accessing the conference, please contact Saudia Gillespie-Cardo at 718-613-2114. Ordered by Magistrate Judge James R. Cho on 12/3/2021. (Maneval, Sarah)
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| Filing 40 Letter Replying to Defendant Maraj's 12/1/21 Letter by Jennifer Hough (Gordon, Steven) |
| Filing 39 NOTICE of Appearance by Michael Joseph Snizek on behalf of Jennifer Hough (aty to be noticed) (Snizek, Michael) |
| Filing 38 Letter in Response to Plaintiff Jennifer Hough's Counsel's 11/30/2021 Letter (Dkt. No. 37) by Onika Tanya Maraj (Attachments: #1 Exhibit A) (Burstein, Judd) |
| Filing 37 Letter requesting the Court to issue a briefing schedule on Defendant Maraj's pending motion and Plaintiff's opposition and cross-motion thereto by Jennifer Hough (Attachments: #1 Exhibit Exhibit A to Letter, #2 Exhibit Exhibit B to Letter, #3 Exhibit Exhibit C to Letter) (Gordon, Steven) |
| Filing 36 NOTICE of Appearance by Tara Elizabeth Faenza on behalf of Jennifer Hough (notification declined or already on case) (Attachments: #1 Exhibit A - PHV Motion Payment Confirmation) (Faenza, Tara) |
| Filing 35 MOTION to Appear Pro Hac Vice Tara Faenza for Plaintiff Filing fee $ 150, receipt number ANYEDC-15067527. by Jennifer Hough. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing) (Faenza, Tara) |
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ORDER granting #35 Motion for Leave to Appear Pro Hac Vice. Attorney Tara Elizabeth Faenza shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 11/29/2021. (Gillespie-Cardo, Saudia)
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| Filing 34 REPLY in Support re #25 First MOTION for Default Judgment against Defendant Kenneth Petty filed by Jennifer Hough. (Attachments: #1 Exhibit Exhibit A to Reply) (Gordon, Steven) |
| Filing 33 REPLY in Support re #31 MOTION to Vacate Cerificate of Default Reply Memorandum of Law in Further Support of Motion filed by Kenneth Petty. (Attachments: #1 Declaration in Reply of Stevem D. Isser, #2 Exhibit 1 to Isser Reply Declaration, #3 Exhibit 2 to Isser Reply Declaration, #4 Exhibit 3 to Isser Reply Declaration, #5 Exhibit 4 to Isser Reply Declaration, #6 Exhibit 5 to Isser Reply Declaration) (Isser, Steven) |
| Filing 32 RESPONSE in Opposition re #31 MOTION to Vacate Cerificate of Default Plaintiff's Memorandum of Law in Opposition filed by Kenneth Petty. (Attachments: #1 Declaration of Tyrone A. Blackburn, Esq., #2 Exhibit A to Blackburn Declaraiton, #3 Declaration of Robert Diaz, #4 Exhibit A to Diaz Declaration, #5 Declaration of Jennifer Hough) (Isser, Steven) |
| Filing 31 MOTION to Vacate Cerificate of Default by Kenneth Petty. (Attachments: #1 Memorandum in Support, #2 Declaration of Kenneth Petty, #3 Exhibit 1 to Petty Declaration, #4 Exhibit 2 to Petty Declaration, #5 Exhibit 3 to Petty Declaration, #6 Declaration of Steven D. Isser, Esq., #7 Exhibit 1 to Isser Declaration, #8 Exhibit 2 to Isser Declaration, #9 Exhibit 3 to Isser Declaration, #10 Exhibit 4 to Isser Declaration, #11 Exhibit 5 to Isser Declaration, #12 Exhibit 6 to Isser Declaration) (Isser, Steven) |
| Filing 30 CORRECTED NOTICE of Appearance by Emily C. Finestone on behalf of Onika Tanya Maraj (notification declined or already on case) (Finestone, Emily) Modified descriptive text on 11/12/2021 (Lee, Tiffeny). |
| Filing 29 NOTICE of Appearance by Emily C. Finestone on behalf of Onika Tanya Maraj (aty to be noticed) (Finestone, Emily) |
| Filing 28 MEMORANDUM in Opposition re #25 First MOTION for Default Judgment filed by Kenneth Petty. (Attachments: #1 Declaration of Kenneth Petty, #2 Exhibit 1 to Petty Declaration, #3 Exhibit 2 to Petty Declaration, #4 Exhibit 3 to Petty Declaration, #5 Declaration of Steven D. Isser, #6 Exhibit 1 to Isser Declaration, #7 Exhibit 2 to Isser Declaration, #8 Exhibit 3 to Isser Declaration, #9 Exhibit 4 to Isser Declaration, #10 Exhibit 5 to Isser Declaration, #11 Exhibit 6 to Isser Declaration, #12 Exhibit 7 to Isser Declaration) (Isser, Steven) |
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ORDER REFERRING MOTION: #25 First MOTION for Default Judgment filed by Jennifer Hough is respectfully referred to Magistrate Judge James R. Cho for a report and recommendation as to his findings. Ordered by Judge Eric N. Vitaliano on 10/29/2021. (Federowicz, Stephen)
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| Filing 27 Letter Regarding Docket Entry 25 and 26 by Jennifer Hough (Blackburn, Tyrone) |
| Filing 26 Letter Plaintiff had difficulty uploading docket entry #25 by Jennifer Hough (Attachments: #1 Exhibit A) (Blackburn, Tyrone) |
| Filing 25 First MOTION for Default Judgment by Jennifer Hough. (Attachments: #1 Notice of Motion, #2 Declaration, #3 Exhibit A, #4 Declaration, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit F, #10 Exhibit H, #11 Exhibit J, #12 Exhibit K, #13 Declaration, #14 Exhibit A, #15 Exhibit B, #16 Proposed Order, #17 Declaration, #18 Exhibit A, #19 Exhibit B, #20 Exhibit C, #21 Exhibit D, #22 Exhibit F, #23 Exhibit E) (Blackburn, Tyrone) |
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ORDER. The parties' joint proposed briefing schedule at #24 is adopted. Any affirmative motions described in the letter at #24 shall be served on or before 10/27/2021. Oppositions shall be served on or before 11/8/2021. Replies shall be served on or before 11/22/2021. The fully-briefed motion shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by 11/22/2021. Ordered by Judge Eric N. Vitaliano on 10/26/2021. (Federowicz, Stephen)
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Plaintiff's motion at #20 to set aside the Clerk's denial of a certificate of default against Defendant Maraj is before the Court, as are the parties' submissions at #21 and #22 in support of and in opposition to that motion. Plaintiff's motion at #20 shall be ruled on, in due course, before the Court rules on any presently pending or forthcoming motions described in Plaintiff's submission at #22 . Ordered by Judge Eric N. Vitaliano on 10/26/2021. (Federowicz, Stephen)
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| Filing 24 Letter Jointly Requesting Approval of Briefing Schedules by Kenneth Petty (Isser, Steven) |
| Filing 23 NOTICE of Appearance by Steven David Isser on behalf of Kenneth Petty (aty to be noticed) (Isser, Steven) |
| Filing 22 REPLY in Support re #20 First MOTION for Reconsideration Plaintiff's Request to the Clerk for a Certificate of Default Judgment Against Defendant MarajFirst MOTION to Set Aside Clerk's denial of a Certificate of Default Judgment Against Defendant MarajFirst MOTION for pre motion conference Reconsider Plaintiff's Request to the Clerk for a Certificate of Default Judgment Against Defendant Maraj and Vacate Clerk's Denial on October 19, 2021 filed by Jennifer Hough. (Attachments: #1 Exhibit A) (Blackburn, Tyrone) |
| Filing 21 RESPONSE in Opposition re #20 First MOTION for Reconsideration Plaintiff's Request to the Clerk for a Certificate of Default Judgment Against Defendant MarajFirst MOTION to Set Aside Clerk's denial of a Certificate of Default Judgment Against Defendant MarajFirst MOTION for pre motion conference Reconsider Plaintiff's Request to the Clerk for a Certificate of Default Judgment Against Defendant Maraj and Vacate Clerk's Denial on October 19, 2021 filed by Onika Tanya Maraj. (Burstein, Judd) |
| Filing 20 First MOTION for Reconsideration Plaintiff's Request to the Clerk for a Certificate of Default Judgment Against Defendant Maraj, First MOTION to Set Aside Clerk's denial of a Certificate of Default Judgment Against Defendant Maraj, First MOTION for pre motion conference Reconsider Plaintiff's Request to the Clerk for a Certificate of Default Judgment Against Defendant Maraj and Vacate Clerk's Denial on October 19, 2021 by Jennifer Hough. (Gordon, Steven) |
| Filing 19 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Kenneth Petty has failed to appear or otherwise defend this action, the default of defendant Kenneth Petty is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| REQUEST for Certificate of Default is denied at this time as to Defendant Onika Tanya Maraj. It appears from the docket that Defendant Onika Tanya Maraj has filed a Notice of Appearance. re #15 Request for Certificate of Default (Poveda, J.) |
| Filing 18 NOTICE of Appearance by Steven Gordon on behalf of Jennifer Hough (aty to be noticed) (Gordon, Steven) |
| Filing 17 MOTION for Leave to File Document Pre-Motion Conference Letter by Onika Tanya Maraj. (Attachments: #1 Declaration of Judd Burstein, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of Defendant Onika Tanya Maraj, #6 Memorandum in Support) (Burstein, Judd) |
| Filing 16 NOTICE of Appearance by Judd Burstein on behalf of Onika Tanya Maraj (aty to be noticed) (Burstein, Judd) |
| Filing 15 Request for Certificate of Default by Jennifer Hough (Attachments: #1 Affidavit in Support Affirmation In Support of Request for Certification of Default, #2 Proposed Order Certificate of Default) (Blackburn, Tyrone) |
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Order finding as moot #7 Motion for Extension of Time to File Executed Service of Process on Defendants. In light of DE #13 and #14 Summons Returned Executed, the Motion for Extension of Time (DE #7 ) is denied as moot. Ordered by Magistrate Judge James R. Cho on 10/8/2021. (Maneval, Sarah)
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| Filing 14 SUMMONS Returned Executed by Jennifer Hough. Onika Tanya Maraj served on 9/15/2021, answer due 10/6/2021. (Blackburn, Tyrone) |
| Filing 13 SUMMONS Returned Executed by Jennifer Hough. Kenneth Petty served on 9/15/2021, answer due 10/6/2021. (Blackburn, Tyrone) |
| Filing 12 Summons Issued as to Onika Tanya Maraj. (Herrera, Isaiah) |
| Filing 11 Proposed Summons. by Jennifer Hough (Blackburn, Tyrone) |
| Filing 10 Summons Issued as to Kenneth Petty. (Bowens, Priscilla) |
| Filing 9 Proposed Summons. by Jennifer Hough (Blackburn, Tyrone) |
| Filing 8 AMENDED COMPLAINT against Onika Tanya Maraj, Kenneth Petty, filed by Jennifer Hough. (Attachments: #1 Exhibit A, #2 Exhibit B) (Blackburn, Tyrone) |
| Filing 7 Letter MOTION for Extension of Time to File executed service of process on Defendants by Jennifer Hough. (Attachments: #1 Exhibit A, #2 Exhibit B) (Blackburn, Tyrone) |
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Filing 6
ORDER granting #2 Motion for Refund of Fees Paid Electronically. Ordered by Clerk of Court on 8/16/2021. (Marziliano, August)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 3 Civil Cover Sheet.. Re #1 Complaint, Notice: Re: Incomplete Civil Cover Sheet, by Jennifer Hough (Blackburn, Tyrone) |
| Filing 2 Letter MOTION for Refund of Fees Paid Electronically Over payment of fees by Jennifer Hough. (Attachments: #1 Exhibit) (Blackburn, Tyrone) |
| Filing 1 COMPLAINT Plaintiff Jennifer Hough brings claims for witness intimidation, intentional infliction of emotional distress, negligent infliction of emotional distress, harassment, assault, battery, sexual assault, and sexual harassment against Onika Tanya Maraj, Kenneth Petty filing fee $ 402, receipt number BNYEDC-14749325 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Jennifer Hough. (Attachments: #1 Exhibit) (Blackburn, Tyrone) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge James R. Cho. 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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