Kong v. Dajin Realty, Inc. et al
| Aixiang Kong |
| Dajin Realty, Inc., Steven Gee, Maria Ressos, Malaika Scott-McLaughlin, Bronx County Housing Court, Queens County Housing Court and Lingxi Kong |
| Clinton Guthrie |
| 1:2023cv02255 |
| March 22, 2023 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nina R Morrison |
| Cheryl L Pollak |
| Civil Rights: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Civil Case Terminated. (JC) |
| Cases associated with 23-cv-1536. (JC) |
| Filing 23 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. (KD) |
| Filing 22 Case transferred in from District of New York Southern; Case Number 1:23-cv-00833. Original file certified copy of transfer order and docket sheet received. |
Filing 21
ORDER re: #18 Letter filed by Aixiang Kong. Accordingly, Plaintiffs' motion for reconsideration is DENIED. It is hereby ORDERED that this matter be transferred to the Eastern District of New York, with a recommendation that this case be referred to Judge Nina R. Morrison as related to Kong v. Dajin Realty Inc., No. 1:23-cv-01536 (E.D.N.Y.). The Clerk of the Court is respectfully directed to terminate any open motions and transfer this case forthwith to the United States District Court for the Eastern District of New York. The seven-day waiting period set forth in Local Rule 83.1 shall be waived. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/22/2023) (kv) [Transferred from New York Southern on 3/23/2023.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(kv) [Transferred from New York Southern on 3/23/2023.] |
| Filing 20 FIRST MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss . . Document filed by Dajin Realty, Inc., Steven Gee..(Gee, Steven) [Transferred from New York Southern on 3/23/2023.] |
| Filing 19 MOTION to Dismiss . Document filed by Dajin Realty, Inc., Steven Gee. (Attachments: #1 Affidavit Affirmation in Support, #2 Exhibit Decision/Order dated May 8, 2020, #3 Exhibit Decision/Order dated January 6, 2023, #4 Exhibit Plaintiff's Complaint, #5 Exhibit Poof of Service).(Gee, Steven) [Transferred from New York Southern on 3/23/2023.] |
| Filing 18 LETTER addressed to Judge Vernon S. Broderick from Plaintiff Aixiang Kong dated 3/19/2023 re: Response to OSC and Sua Sponte Dismissal. Document filed by Aixiang Kong..(Kong, Aixiang) [Transferred from New York Southern on 3/23/2023.] |
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Filing 17
ORDER: granting #15 Letter Motion for Extension of Time to Answer re #15 FIRST LETTER MOTION for Extension of Time to File Answer. addressed to Judge Vernon S. Broderick from Steven T. Gee dated 02/27/2023. Per Federal Rule of Civil Procedure Rule 15(a)(3), Defendants may respond to Plaintiffs amended complaint within fourteen days of service. I shall extend that date to allow Defendants until March 21 to respond to, answer, or move to dismiss the amended complaint. If Defendants move to dismiss, briefing shall be consistent with Local Civil Rule 6.1 (b) and my Individual Rules & Practices. Whether this matter is best suited in the Southern or Eastern District is a matter of venue, not jurisdiction. Accordingly, the case should continue to move forward despite the pending determination regarding venue. SO ORDERED. Dajin Realty, Inc. answer due 3/21/2023; Steven Gee answer due 3/21/2023. (Signed by Judge Vernon S. Broderick on 2/28/2023) (ama) [Transferred from New York Southern on 3/23/2023.]
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| Filing 16 NOTICE OF APPEARANCE by Steven Thomas Gee on behalf of Dajin Realty, Inc., Steven Gee..(Gee, Steven) [Transferred from New York Southern on 3/23/2023.] |
| Filing 15 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Steven T. Gee dated 02/27/2023. Document filed by Dajin Realty, Inc., Steven Gee..(Gee, Steven) [Transferred from New York Southern on 3/23/2023.] |
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Filing 14
OPINION AND ORDER re: #11 FIRST LETTER MOTION for Extension of Time to answer, move to dismiss, or otherwise respond to the Complaint, addressed to Judge Vernon S. Broderick from Melissa Ysaguirre dated February 16, 2023. filed by Clinton Guthrie, Maria Ressos, Bronx County Housing Court, Queens County Housing Court, Malaika Scott-McLaughlin. Plaintiffs' claims against Malaika Scott-McLaughlin, Maria Ressos, Clinton Guthrie, the Bronx Housing Civil Court, and the Queens Housing Civil Court are hereby DISMISSED. The Clerk of the Court is respectfully directed to terminate the pending gavel at Doc. 11. SO ORDERED. Queens County Housing Court, Maria Ressos (individually and in her official capacity as a Judge), Malaika Scott-McLaughlin (individually and in her official capacity as a judge), Bronx County Housing Court and Clinton Guthrie (individually and in his official capacity as a Judge) terminated. (Signed by Judge Vernon S. Broderick on 2/17/2023) (kv) [Transferred from New York Southern on 3/23/2023.]
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Filing 13
MEMO ENDORSEMENT granting #10 Motion for Permission for Electronic Case Filing. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 2/16/2023) (kv) [Transferred from New York Southern on 3/23/2023.]
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| Filing 12 LETTER RESPONSE to Motion addressed to Judge Vernon S. Broderick from Pro-se Plaintiffs Aixiang Kong and Lingxi Kong dated 2/16/2023 re: #11 FIRST LETTER MOTION for Extension of Time to answer, move to dismiss, or otherwise respond to the Complaint, addressed to Judge Vernon S. Broderick from Melissa Ysaguirre dated February 16, 2023. . Document filed by Aixiang Kong, Lingxi Kong..(Kong, Aixiang) [Transferred from New York Southern on 3/23/2023.] |
| Filing 11 FIRST LETTER MOTION for Extension of Time to answer, move to dismiss, or otherwise respond to the Complaint, addressed to Judge Vernon S. Broderick from Melissa Ysaguirre dated February 16, 2023. Document filed by Bronx County Housing Court, Clinton Guthrie, Queens County Housing Court, Maria Ressos, Malaika Scott-McLaughlin..(Ysaguirre, Melissa) [Transferred from New York Southern on 3/23/2023.] |
| Filing 10 MOTION for Permission for Lingxi Kong to participate in electronic case filing in this case . Document filed by Lingxi Kong..(Kong, Aixiang) [Transferred from New York Southern on 3/23/2023.] |
| Filing 9 AMENDED COMPLAINT amending #1 Complaint, against All Plaintiffs with JURY DEMAND.Document filed by Aixiang Kong. Related document: #1 Complaint,..(Kong, Aixiang) [Transferred from New York Southern on 3/23/2023.] |
| Filing 8 AFFIDAVIT OF SERVICE. Document filed by Aixiang Kong..(Kong, Aixiang) [Transferred from New York Southern on 3/23/2023.] |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Aixiang Kong added. Party added pursuant to #9 Amended Complaint.Document filed by Aixiang Kong. Related document: #9 Amended Complaint..(Kong, Aixiang) [Transferred from New York Southern on 3/23/2023.] |
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Filing 6
MEMO ENDORSEMENT granting #2 Motion for Permission for Electronic Case Filing. ENDORSEMENT: APPLICATION GRANTED. The Clerk of the Court is respectfully directed to mail a copy of this endorsed motion to the pro se Plaintiff, Aixiang Kong.. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 2/3/2023) (kv) [Transferred from New York Southern on 3/23/2023.]
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| NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 3/23/2023.] |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) [Transferred from New York Southern on 3/23/2023.] |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. Bronx County Housing Court, served on 2/2/2023, answer due 2/23/2023; Dajin Realty, Inc. served on 2/2/2023, answer due 2/23/2023; Steven Gee, served on 2/2/2023, answer due 2/23/2023; Clinton Guthrie, served on 2/2/2023, answer due 2/23/2023; Queens County Housing Court, served on 2/2/2023, answer due 2/23/2023; Maria Ressos, served on 2/2/2023, answer due 2/23/2023; Malaika Scott-McLaughlin, served on 2/2/2023, answer due 2/23/2023. Service was made by Mail. Document filed by Aixiang Kong.(sc) Modified on 2/2/2023 (sc). [Transferred from New York Southern on 3/23/2023.] |
| SUMMONS ISSUED as to Bronx County Housing Court. (dsh) [Transferred from New York Southern on 3/23/2023.] |
| SUMMONS ISSUED as to Queens County Housing Court. (dsh) [Transferred from New York Southern on 3/23/2023.] |
| Pro Se Payment of Fee Processed: $402.00 Credit Card payment processed by the Finance Department on 02/02/2023, Receipt Number 11942. (sw) [Transferred from New York Southern on 3/23/2023.] |
| SUMMONS ISSUED as to Clinton Guthrie. (dsh) [Transferred from New York Southern on 3/23/2023.] |
| SUMMONS ISSUED as to Maria Ressos. (dsh) [Transferred from New York Southern on 3/23/2023.] |
| SUMMONS ISSUED as to Malaika Scott-McLaughlin. (dsh) [Transferred from New York Southern on 3/23/2023.] |
| SUMMONS ISSUED as to Steven Gee. (dsh) [Transferred from New York Southern on 3/23/2023.] |
| SUMMONS ISSUED as to Dajin Realty, Inc.. (dsh) [Transferred from New York Southern on 3/23/2023.] |
| Filing 4 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Aixiang Kong consents to receive electronic service via the ECF system. Document filed by Aixiang Kong..(rdz) [Transferred from New York Southern on 3/23/2023.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Dajin Realty, Inc., Steven Gee, Maria Ressos, Malaika Scott-McLaughlin, Clinton Guthrie, Bronx Housing Civil Court, Queens Housing Civil Court, re: #1 Complaint,. Document filed by Aixiang Kong..(rdz) [Transferred from New York Southern on 3/23/2023.] |
| Filing 2 MOTION for Permission for Aixiang Kong to participate in electronic case filing in this case. Document filed by Aixiang Kong..(rdz) [Transferred from New York Southern on 3/23/2023.] |
| Filing 1 COMPLAINT against Bronx County Housing Court, Dajin Realty, Inc., Steven Gee, Clinton Guthrie, Queens County Housing Court, Maria Ressos, Malaika Scott-McLaughlin. Document filed by Aixiang Kong..(rdz) (Additional attachment(s) added on 2/2/2023: #1 Main Document, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (rdz). [Transferred from New York Southern on 3/23/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 3/23/2023.] |
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