Schmidt v. American Package Company, Inc. et al
| Sally Schmidt |
| American Package Company, Inc., Martin C. Korman, Irene Kofman, Michelle Kofman, Violet Lautan, Michael Bobick, Parker Rothman and Harry Shapiro |
| 1:2023cv05821 |
| July 31, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Nina R Morrison |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 30
ORDER granting #29 Motion for Extension of Time to File. Plaintiff shall respond to Defendants' #24 #28 Motions to Dismiss on or before October 13, 2023. See attached Order. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff and to note the mailing on the docket. Ordered by Judge Nina R. Morrison on 9/26/2023. (LK)
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| Filing 29 Letter MOTION for Extension of Time to File Response/Reply as to #24 First MOTION to Dismiss for Failure to State a Claim against Plaintiff, #28 MOTION to Dismiss for Failure to State a Claim . Plaintiff is requesting an extension of time to submit a Reply in Opposition to Defendants' Motions filed on September 13, 2023 and September 15, 2023 filed by Sally Schmidt. (JC) |
| Filing 28 MOTION to Dismiss for Failure to State a Claim by American Package Company, Inc., Michael Bobick, Irene Kofman, Michelle Kofman, Martin C. Korman, Violet Lautan, Parker Rothman. (Attachments: #1 Declaration Declaration of Michael Bobick, #2 Exhibit 1. Amended Complaint, #3 Exhibit 2. Deed, #4 Exhibit 3. Summons & Complaint in Ejectment Action (NY Sup. Ct.), #5 Exhibit 4. Risner Summons & Complaint, #6 Exhibit 5. NYS eCourts Appearance Detail Printout, #7 Exhibit 6. Order entered 09.26.2018, #8 Exhibit 7. Order entered 11.13.2018, #9 Exhibit 8. Order entered 07.05.2019, #10 Exhibit 9. First Judgment of Possession 08.09.2019, #11 Exhibit 10. Notice of Dismissal of First Bankruptcy 10.24.2019, #12 Exhibit 11. Order to Show Cause 11.06.2019, #13 Exhibit 12. So Ordered Stipulation entered 11.25.2019, #14 Exhibit 13. Order to Show Cause (Grimes) entered 12.12.2019, #15 Exhibit 14. Letter to Bankruptcy Trustee 02.12.2020, #16 Exhibit 15. Bankruptcy Order 02.19.2020, #17 Exhibit 16. Order to Show Cause entered 10.16.2020, #18 Exhibit 17. Hardship Declaration, #19 Exhibit 18. First ERAP Application, #20 Exhibit 19. Notice of Motion to Restore Ejectment Action 02.07.2022, #21 Exhibit 20. Second ERAP Application, #22 Exhibit 21. Order entered 11.23.2022, #23 Exhibit 22. Second Judgment of Possession 11.23.2022, #24 Exhibit 23. Order (Appellate Division) entered 04.07.2023, #25 Exhibit 24. Order entered 05.18.2023, #26 Exhibit 25. Bankruptcy Order 07.10.2023, #27 Exhibit 26. Bankruptcy Docket Entry Showing Case Dismissed 09.13.2023, #28 Memorandum in Support Memorandum of Law in Support of Motion to Dismiss the Complaint, #29 Certificate of Service Certificate of Service of Defendants' Motion to Dismiss) (Antar, Mark) |
| Filing 27 CERTIFICATE OF SERVICE by American Package Company, Inc., Michael Bobick, Irene Kofman, Michelle Kofman, Martin C. Korman, Violet Lautan, Parker Rothman re #26 Notice of Appearance Certificate of Service of Notice of Appearance as Additional Counsel (Antar, Mark) |
| Filing 26 NOTICE of Appearance by Mark Nathan Antar on behalf of American Package Company, Inc., Michael Bobick, Irene Kofman, Michelle Kofman, Martin C. Korman, Violet Lautan, Parker Rothman (aty to be noticed) (Antar, Mark) |
| Filing 25 CERTIFICATE OF SERVICE by Harry Shapiro re #24 First MOTION to Dismiss for Failure to State a Claim against Plaintiff Sally Schmidt (Shapiro, Harry) |
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Filing 24
First MOTION to Dismiss for Failure to State a Claim against Plaintiff by Harry Shapiro. (Attachments: #1 Declaration Declaration of Harry Shapiro in Support of Motion to Dismiss the Amended Complaint, #2 Exhibit A-original complaint by Sally Schmidt in this Court, #3 Exhibit B-Amended Complaint by Sally Schmidt in this Court, #4 Exhibit C-Amended Complaint with respect to the Supreme Court, Kings County action under Index Number: 507993-2015, #5 Exhibit D-Amended Complaint with respect to Supreme Court, Kings County action under Index Number: 509620/2015, #6 Exhibit E-Answer interposed on behalf of Sally Schmidt by Ween & Kozek with respect to Supreme Court, Kings County action under Index Number: 509620/2015, #7 Exhibit F-Complaint with resppect to Supreme Court, Kings County action under Index Number: 504872/2017, brought by Belkin Burden, #8 Exhibit G-Order by Hon. Justice Johnny Lee Baynes dated April 24, 2017, #9 Exhibit H-Answer interposed on behalf of Sally Schmidt by Ween & Kozek with respect to action under Index Number: 507993/2015, #10 Exhibit I-Notice of Appearance dated December 5, 2017, where Sally Schmidt retained Mizell Campbell Jr., Esq., #11 Exhibit J-Notice of Apperance dated September 26, 2019, where Sally Schmidt retained the Rozen Law Group by Jennifer A. Rozen, Esq., #12 Exhibit K- a copy of the money judgment and possessory judgment, #13 Exhibit L-Order of the Court dated June 13, 2019, signed by Honorable Justice Paul Wooten, #14 Exhibit M-Stipulation dated November 14, 2019 "So Ordered" by Honorable Justice Lee Baynes, #15 Exhibit N- A copy of the Petition filed by Sally Schmidt on December 12, 2019 in United States Bankruptcy Court,m Eastern District, assigned Case Number: 1-19-47478-cec, #16 Exhibit O-A copy of Sally Schmidt's discharge in bankruptcy in the United States Bankruptcy Court, Eastern District, Case Number: 1-19-47478-cec, #17 Exhibit P-Notice of Appearance dated January 10, 2021 where Sally Schmidt retained the Law Office of J. Benjamin Greene (the 4th attorney), #18 Exhibit Q-Notice of Motion filed by Belkin Burden dated February 7, 2022, #19 Exhibit R-Cross Motion dated May 24, 2022, made by Mr. Greene seeking to vacate the Stipulation, judgment of ejectment and warrant of eviction, #20 Exhibit S-Decision and Order dated November 16, 2022, where Supreme Court Kings County Justice Devin P. Cohen denid Sally Schmidt's cross motion, #21 Exhibit T- a copy of hte judgment of possession and a money judgment signed by the Hon. Justice Paul Wooten dated August 2, 2019, #22 Exhibit U-a copy of the judgment of possession issued by Justice Devin P. Cohen dated November 16, 2022, based upon the prior August 2, 2019 judgment signed by the Hon. Paul Wooten on August 2, 2019, #23 Exhibit V-Substitution of Counsel and Consent to Withdraw dated November 30, 2022, where J. Benjamin Greene, Esq. withdrew as the attorney for Sally Schmidt, #24 Exhibit W- a copy of the notice of appeal filed by Sally Schmidt from the Judgment and Order dated November 16, 2022, #25 Exhibit X- a copy of the Order dated April 7, 2023, #26 Exhibit Y-a copy of the Order to Show Cause (Motion Seq. 016) brought by Sally Schmidt seeking a stay, #27 Exhibit Z- Order where Justice Devin P. Cohen denied Motion Seq. 016, #28 Exhibit AA- Filing by Sally Schmidt of a third Bankruptcy Petition on May 1, 2023, in the United States Bankruptcy Court for Eastern District of New York under Case Number: 1-23-41517-NHL, #29 Exhibit BB-Order by the United States Bankruptcy Judge Nancy Hershey Lord, where the automatic stay was vacated, #30 Exhibit CC-Order by Judge Nina R. Morrison dated August 3, 2023, where Sally Schmidt's attempt to obtain a stay in this "RICO" type action was denied, #31 Exhibit DD-A copy of Sally Schmidt's Harassment Application to the New York City Loft Board, #32 Memorandum in Support Memorandum of Law in Support of Defendant Harry Shapiro's Motion to Dismiss) (Shapiro, Harry)
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| Filing 23 NOTICE of Appearance by Harry Shapiro on behalf of Harry Shapiro (aty to be noticed) (Shapiro, Harry) |
| Filing 22 Letter MOTION for Extension of Time to File Answer re #10 Amended Complaint or to file a motion in lieu of answering the Amended Complaint with Certificate of Service by American Package Company, Inc., Michael Bobick, Irene Kofman, Michelle Kofman, Martin C. Korman, Violet Lautan, Parker Rothman, Harry Shapiro. (Attachments: #1 Certificate of Service) (Solomon, Jay) |
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ORDER granting #22 Motion for Extension of Time to Answer. Defendants American Package Company, Martin C. Kofman, Irene Kofman, Michelle Kofman, Violet Lautan, Michael Bobick, Harry Shapiro and Parker Rothman shall answer, move or otherwise respond to the complaint by 9/15/2023. Ordered by Magistrate Judge James R. Cho on 8/23/2023. (TT)
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| Filing 21 SUMMONS Returned Executed by Sally Schmidt. Harry Shapiro served on 8/22/2023, answer due 9/12/2023. (Attachments: #1 Copy of Summons) (JC) |
| Filing 20 NOTICE of Appearance by Jay B Solomon on behalf of American Package Company, Inc., Michael Bobick, Irene Kofman, Michelle Kofman, Martin C. Korman, Violet Lautan, Parker Rothman (aty to be noticed) (Solomon, Jay) |
| Filing 19 Corporate Disclosure Statement by American Package Company, Inc., Michael Bobick, Irene Kofman, Michelle Kofman, Martin C. Korman, Violet Lautan, Parker Rothman (Solomon, Jay) |
| Filing 18 CERTIFICATE OF SERVICE filed by Sally Schmidt regarding proof of service on Violet Lautan. (JC) |
| Filing 17 CERTIFICATE OF SERVICE filed by Sally Schmidt regarding proof of service on Michele Kofman and Esther Jacobs on behalf of BBG LLP. (JC) |
| Filing 16 SUMMONS Returned Executed by Sally Schmidt. Violet Lautan, on behalf of America Package Co Inc, served on 8/10/2023, answer due 8/31/2023. (JC) |
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Filing 15
ORDER: The Honorable Nina R. Morrison assigned this case to the undersigned for all pretrial purposes. Enclosed is a copy of the Individual Practices of Magistrate Judge James R. Cho.The Court's records reflect that the complaint in this action was filed on July 31, 2023. See ECF No. 1. On August 2, 2023, plaintiff filed an amended complaint. See ECF No. 10. Rule 4(m) of the Federal Rules of Civil Procedure provides:If a defendant is not served within 90 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.Accordingly, if service is not made upon the defendants by October 31, 2023, or plaintiff fails to show good cause why such service has not been effected, it will be recommended that the Court dismiss this action without prejudice. Plaintiff is required to advise the Clerk of Court of any change of address. Failure to keep the Court informed of plaintiff's current address means the Court will not know where to contact plaintiff and may result in dismissal of the case. For information regarding court procedures, plaintiff may contact the Pro Se Office at the United States Courthouse by calling (718) 613-2665. Ordered by Magistrate Judge James R. Cho on 8/10/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 14 SUMMONS Returned Executed by Sally Schmidt. American Package Company, Inc. served on 8/5/2023, answer due 8/28/2023; Michael Bobick served on 8/5/2023, answer due 8/28/2023; Michelle Kofman served on 8/5/2023, answer due 8/28/2023; Martin C. Korman served on 8/5/2023, answer due 8/28/2023; Violet Lautan served on 8/5/2023, answer due 8/28/2023; Parker Rothman served on 8/5/2023, answer due 8/28/2023. (JC) |
| Filing 13 Additional Exhibits regarding #2 Unsigned Order to Show Cause, filed by pro se Plaintiff Sally Schmidt. (JC) |
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Filing 12
ORDER denying #2 Order to Show Cause. For the reasons stated in the attached, Plaintiff's proposed order to show cause and request for a temporary restraining order is denied. This case is referred to Magistrate Judge James R. Cho for pretrial supervision. Although Plaintiff paid the filing fee to commence this action, the Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Nina R. Morrison on 8/3/2023. (LK)
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| Filing 11 AMENDED Summons Issued as to American Package Company, Inc., Michael Bobick, Irene Kofman, Michelle Kofman, Martin C. Korman, Violet Lautan, Parker Rothman, Harry Shapiro. (GA) |
| Filing 10 AMENDED COMPLAINT against American Package Company, Inc., Michael Bobick, Irene Kofman, Michelle Kofman, Martin C. Korman, Violet Lautan, Parker Rothman, Harry Shapiro, filed by Sally Schmidt. (GA) |
| Filing 9 Summons Issued as to American Package Company, Inc., Michael Bobick, Irene Kofman, Michelle Kofman, Martin C. Korman, Violet Lautan, Parker Rothman. (GA) |
| Filing 8 SIGNED Complaint re #1 Complaint, filed by Sally Schmidt. (GA) |
| Filing 7 Additional Exhibits re #2 Unsigned Order to Show Cause, filed by Sally Schmidt. (GA) |
| Filing 6 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 5 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (KD) |
| Filing 4 FILING FEE: $ 402.00, receipt number 100008582 (Payment processed on 8/1/2023) (KD) |
| Filing 3 MOTION to Appoint Counsel by Sally Schmidt. (KD) |
| Filing 2 Unsigned Order to Show Cause by Sally Schmidt (KD) |
| Filing 1 COMPLAINT against American Package Company, Inc., Michael Bobick, Irene Kofman, Michelle Kofman, Martin C. Korman, Violet Lautan, Parker Rothman, filed by Sally Schmidt. (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (KD) |
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