Elvy v. 611 Flatbush Ave Realty Corp. et al
| Ray Elvy |
| 611 Flatbush Ave Realty Corp. and First Kings Management LLC |
| 1:2024cv00679 |
| January 30, 2024 |
| US District Court for the Eastern District of New York |
| Joseph A Marutollo |
| Natasha C Merle |
| Civil Rights: Accommodations |
| 42 U.S.C. § 1981 Housing Discrimination |
| Plaintiff |
Docket Report
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| Filing 19 Letter Requesting Adjournment by Ray Elvy (Frizell, Catherine) |
ORDER -- A status conference will be held on April 2, 2024, at 3:00 PM, by telephone. The parties are directed to call (646) 828-7666 five minutes before the scheduled start of the conference and use meeting ID 161 069 7834 and passcode 343879. The Court will address Plaintiff's Letter Requesting Adjournment #19 and other issues raised therein at the conference. Ordered by Judge Natasha C. Merle on 3/29/2024. (AG)
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| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE by 611 Flatbush Ave Realty Corp., First Kings Management LLC (Attachments: #1 Exhibit A) (Levine, Howard) |
| Filing 17 AFFIDAVIT/AFFIRMATION by Ray Elvy (Attachments: #1 Affidavit of Service Summons & Complaint) (Frizell, Catherine) |
| Filing 16 Subpoena by Ray Elvy. (Frizell, Catherine) |
| Filing 15 Letter Letter to Judge Merle re: Request for Adjournment by 611 Flatbush Ave Realty Corp., First Kings Management LLC (Levine, Howard) Modified on 2/23/2024 (AG). |
| Filing 14 REQUEST for Production of Documents by Ray Elvy. (Frizell, Catherine) |
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ORDER granting #15 Motion to Adjourn Conference by 611 Flatbush Ave Realty Corp., First Kings Management LLC -- The application is granted on consent. The preliminary hearing previously scheduled for March 5, 2024, is rescheduled to April 9, 2024, at 10:00 a.m. The Parties' proposed amended briefing schedule is So Ordered. Defendants' time to respond to Plaintiff's Motion for Order to Show Cause is extended to March 29, 2024. Plaintiff's reply, if any, is now due by April 5, 2024. Ordered by Judge Natasha C. Merle on 2/23/2024. (AG)
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Filing 13
ORDER re #9 Letter filed by Ray Elvy, #10 Letter filed by 611 Flatbush Ave Realty Corp., First Kings Management LLC, #5 MOTION for Temporary Restraining Order filed by Ray Elvy -- Upon consideration of plaintiffs Motion #5 , letters from plaintiff #9 and defendants #10 , and for good cause shown, plaintiffs Motion is GRANTED in part and DENIED in part. ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 2/21/2024. (PWK)
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| Filing 12 STIPULATION by Ray Elvy (Frizell, Catherine) |
| Filing 11 Subpoena by Ray Elvy. (Frizell, Catherine) |
| Filing 10 Letter Re: Objections to Expedited Discovery by 611 Flatbush Ave Realty Corp., First Kings Management LLC (Levine, Howard) |
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ORDER re #9 Letter filed by Ray Elvy -- Defendants shall respond to Plaintiff's letter #9 detailing their objections to the discovery requests noted therein by February 15, 2024, at 5:00 PM. Ordered by Judge Natasha C. Merle on 2/13/2024. (PWK)
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| Filing 9 Letter re expedited limited discovery disputes by Ray Elvy (Frizell, Catherine) |
| Filing 8 NOTICE of Appearance by Howard S. Levine on behalf of All Defendants (aty to be noticed) (Levine, Howard) |
| Minute Entry for proceedings held before Judge Natasha C. Merle: Show Cause Hearing held on 2/6/2024. Appearances: Catherine Frizell and Dawn Kelly appeared on behalf of Plaintiff; and Seth Denenberg on behalf of defendants. Mr. Denenberg was directed to file a notice of appearance. On consent, Plaintiff's request for a temporary restraining order was granted through the preliminary injunction hearing. The preliminary injunction hearing is set for March 5, 2024, at 10:00 a.m. in Courtroom 2F North. Defendant is invited to file and serve any responsive briefing to Plaintiff's Motion for Order to Show Cause [ECF #5 electronically not later than February 23, 2024. Plaintiff's reply, if any, shall be filed and served no later than February 28, 2024. By February 29, 2024, the parties are directed to file a joint letter listing the witnesses they expect to call at the preliminary injunction hearing and the scope of their testimony. The Court waived the Fed. R. Civ. P. 65(c) bond requirement. See Rivera v. Town of Huntington Hous. Auth., 2012 WL 1933767, at *7 (E.D.N.Y. May 29, 2012). The parties are directed to meet and confer regarding the exchange of discovery and notify the Court by February 9, 2024, regarding any disputes. The parties are encouraged to discuss settlement and notify the Court in writing if they reach an agreement. (Court Reporter Georgette Betts.) (AG) |
| FILING FEE: $ 405, receipt number ANYEDC-17534959. (AG) |
| Minute Entry for proceedings held before Judge Natasha C. Merle: Show Cause Hearing held on 2/02/2024. Appearances: Catherine Frizell, and Dawn Kelly appeared on behalf of Plaintiff; and no attorney appeared on behalf of defendants. William Shasho, owner of the defendant corporations, appeared. Mr. Shasho was informed that a corporation may appear in federal court only through licensed counsel. Today's proceedings were adjourned to February 6, 2024, at 10:00 a.m. to allow Mr. Shasho an opportunity to retain counsel. Plaintiff's request to proceed in forma pauperis #6 was denied. Plaintiff's counsel is respectfully directed to serve a copy of this minute entry on defendants. (Court Reporter Nicole Sesta.) (AG) |
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Filing 7
SCHEDULING ORDER: An in-person initial conference will be held on May 14, 2024 at 10:30 a.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than May 9, 2024. Plaintiff is directed to ensure that all Defendants are aware of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 1/31/2024. (Attachments: #1 Individual Practices and Rules) (EG)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Ray Elvy. (Frizell, Catherine) |
| Filing 5 Emergency MOTION for Order to Show Cause by Ray Elvy. (Attachments: #1 Declaration Attorney Declaration, #2 Memorandum in Support Memo in Support, #3 Declaration Elvy Declaration, #4 Declaration Alexander Declaration, #5 Declaration Levandov Declaration, #6 Exhibit Exhibit A - RA Request, #7 Exhibit B - LL Response, #8 Exhibit C - Registration Statements, #9 Exhibit D - 611 Flatbush - first floor advertisement, #10 Exhibit E - 607 Flatbush - first floor advertisement, #11 Exhibit F - Photos of 599 Flatbush, Apartment 1B, #12 Exhibit G - Probable Cause Determination, #13 Exhibit H - Saddiyah v. Uport Order, #14 Exhibit I - Rent Stabilization Lease, #15 Exhibit J - City FHEPS approval notice, #16 Exhibit K - Photos of Stairs in 599 Flatbush, #17 Exhibit L - 2021 Dr. Vayntrub Letter, #18 Exhibit M - 2024 Dr. Vayntrub Letter, #19 Exhibit N - Dr. Mihatov Letter, #20 Exhibit O - Proposed Order, #21 Exhibit P - First Set of Requests, #22 Exhibit Q - Proposed 30(b)(6) - 611 Flatbush, #23 Exhibit R - Proposed 30(b)(6) First Kings Management, #24 Exhibit S - Admin Closure Order, #25 Exhibit T - Fee Waiver Affidavit, #26 Exhibit U - Complaint) (Frizell, Catherine) Modified on 2/6/2024 (AG). |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| Filing 3 Summons Issued as to 611 Flatbush Ave Realty Corp., First Kings Management LLC. (SDM) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (SDM) |
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SCHEDULING ORDER: A hearing will be held on February 2, 2024, at 12:00 p.m. in Courtroom 2F North. The Court will consider any brief in opposition to Plaintiff's motion for a temporary restraining order #5 submitted by 5:00 p.m. on February 1, 2024. Plaintiff is directed to serve a copy of this order on Defendants via email by 9:30 a.m. on February 1, 2024. Ordered by Judge Natasha C. Merle on 1/31/2024. (AG)
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ORDER: In light of the District Judge's January 31, 2024 scheduling order, the May 14, 2024 conference is cancelled. Ordered by Magistrate Judge Joseph A. Marutollo on 1/31/2024. (EG)
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| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Ray Elvy. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Application to Proceed without Prepaying Fees) (Frizell, Catherine) |
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