Buie et al v. Lessane
| Teresa Buie and Tamara Buie |
| Shirley Lessane |
| 1:2023cv04302 |
| June 12, 2023 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Taryn A Merkl |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.
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Minute Entry and Order: A telephonic Status Conference was held on 8/7/2023 before Magistrate Judge Taryn A. Merkl. Appearances by Plaintiffs Teresa Buie and Tamara Buie, pro se, and Andrew Levitt for Defendant. As stated on the record, in light of the fact that this case was removed from state court prior to the filing of a complaint, Defendants indicated that they may be seeking to file a motion to dismiss on res judicata and other grounds depending upon the allegations at issue in the case. The Court declines to set a discovery schedule at this time. Plaintiffs are directed to file a complaint by 8/11/2023 setting forth a short and plain, factual statement of their claims. See Fed. R. Civ. P. 8. The Court reminds Plaintiffs that they may contact the E.D.N.Y. Pro Se Office for assistance with filing the complaint, and that they may sign up for electronic ECF notification. Defendants are respectfully directed to continue to serve Plaintiffs by mail, for the reasons discussed. Defendants shall amend their answer, move, or otherwise respond to the complaint by 9/1/2023. Ordered by Magistrate Judge Taryn A. Merkl on 8/7/2023. (AT&T Log #9:34-9:53.) (SA)
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ORDER denying #11 Motion for TRO. The plaintiff's request for a temporary restraining order or preliminary injunction #11 does not set forth a factual or legal basis for the requested relief. Given this lack of foundation, the motion is denied without prejudice as to renewal. Under the standard set forth in this Circuit, the plaintiff must demonstrate "1) irreparable harm absent injunctive relief; 2) either a likelihood of success on the merits, or a serious question going to the merits to make them a fair grout for trial, with a balance of hardships tipping decidedly in the plaintiff's favor; and 3) that the publics interest weights in favor of granting an injunction." Metro. Taxicab Bd. of Trade v. City of New York, 615 F.3d 152, 156 (2nd Cir. 2010); see also Doe v. Livanta LLC, 489 F.Supp.3d 11, 16 (E.D.N.Y. 2020). Ordered by Judge Ann M. Donnelly on 7/25/2023. (JA)
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| Filing 11 MOTION for Temporary Restraining Order issue an injunction or restraining order preventing the defendant or her representatives from moving any of her assets or money out of her name, starting June 25, 2023 when she was served until the case is adjudicated by Teresa Buie. (RG) |
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ORDER: The Motion for Extension of Time #10 is granted. The telephonic Initial Conference will now be held on 8/7/2023 at 9:30 a.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. The Court notes that, because this is an Initial Conference, the parties need not be prepared to present evidence of their claims and defenses. The parties should be prepared to discuss setting a discovery schedule. See Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Taryn A. Merkl on 7/21/2023. (SA)
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| Filing 10 MOTION for Extension of Time to File the submission of the evidence to support my claim by Teresa Buie. (RG) |
| Filing 9 CASE MANAGEMENT STATEMENT Case Management Worksheet with Addendum (Levitt, Andrew) |
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ORDER: The Court is in receipt of Defendant's motion #8 , indicating that, in Defendant's view, a Rule 26(f) conference would not be practical prior to the 7/24/2023 conference. In light of Plaintiffs' pro se status, Defendant is respectfully directed to attempt to meet and confer with Plaintiffs to discuss discovery and case scheduling, but the parties are not required to file a joint proposed case management worksheet. Defendant is respectfully directed to file a proposed case management worksheet in advance of the 7/24/2023 Initial Conference, no later than 7/17/2023, to assist the Court at the Initial Conference. Ordered by Magistrate Judge Taryn A. Merkl on 7/12/2023. (SA)
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| Filing 8 Letter MOTION for Discovery Request to modify requirements of June 21, 2023 Scheduling Order by Shirley Lessane. (Levitt, Andrew) |
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Filing 7
SCHEDULING ORDER: A telephonic Initial Conference will be held on 7/24/2023 at 11:15 a.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. The parties are directed to meet and confer to discuss discovery and to complete the attached Case Management Worksheet if possible. Counsel for defendants may electronically file the Case Management Worksheet with the Court no later than 7/17/2023. Should any party wish to adopt a plan for discovery different from the structure in the worksheet, they may raise at the Initial Conference why an alternative discovery plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 6/21/2023. (KC)
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| Filing 6 ANSWER to Complaint (Notice of Removal) Answer to Summons with Notice by Shirley Lessane. (Levitt, Andrew) |
| Filing 5 AFFIDAVIT of Service for Notice of Removal served on Supreme Court of the State of New York, Kings County; Teresa Buie; Tamara Buie on 06/13/2023, filed by Shirley Lessane. (Attachments: #1 Exhibit Notice of Removal Filed in State Court with Proof of Service) (Levitt, Andrew) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Filing 2 NOTICE of Appearance by Andrew C. Levitt on behalf of Shirley Lessane (aty to be noticed) (Levitt, Andrew) |
| Filing 1 NOTICE OF REMOVAL by Shirley Lessane from Supreme Court of the State of New York, Kings County, case number 366/2023. ( Filing fee $ 402 receipt number ANYEDC-16786610) (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Summons with Notice) (O'Hare, Robert) |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Taryn A. Merkl. 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. (KD) |
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