The 73rd Street Homeowners Association et al v. City of New York et al
| Luis Carrio, Marciano Estigarrabia, Laura Carrio, Rozi Ahmad, 34-45 Patel LLC, Cleber Gauman, Rass LLC, Olga Estigarrabia, The Norberto Narvaez Irrevocable Trust, The 73rd Street Homeowners Association, Md A Zaman, Irene Zaman, Sikder Ali Ahmed, Ryan Zhang, Magdalena Gauman, Vidya Sherpaj and Pemba Sherpa |
| Adam Gawronski, New York City Department of Housing Preservation and Development, New York City Department of Buildings, Philip Ng, New York City Department of Finance, William Halkiadakis, Saharat Kunateerachadalai, Monica Torres, Yul Noy, Aparna Rani Kar, Wong James Jennifer LLC, Myhanh Nguyen, James Wong, Jennifer Wong, Peter Anastas, Eleni Anasatas, Sajid Ahmad, Aisha Khan, Alejandro Gil, Rafael Gil, Dolly Gil, Hyun Joo Bae, Meuser Rutledge Consulting Engineers PLLC, Corporations XYZ, George Anastas, Ryan Zhang, John and Jane Does 1-10 and The City of New York |
| 1:2024cv05812 |
| August 20, 2024 |
| US District Court for the Eastern District of New York |
| Joseph A Marutollo |
| Ramon E Reyes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 19 NOTICE of Appearance by Scott K. Winikow on behalf of Meuser Rutledge Consulting Engineers PLLC, Ryan Zhang (aty to be noticed) (Winikow, Scott) |
| Filing 18 NOTICE of Appearance by Jeffrey Elias Glen on behalf of Sajid Ahmad, Eleni Anasatas, George Anastas, Peter Anastas, Hyun Joo Bae, Alejandro Gil, Dolly Gil, Rafael Gil, Aparna Rani Kar, Aisha Khan, Myhanh Nguyen, Yul Noy, Monica Torres, James Wong, Jennifer Wong, Wong James Jennifer LLC (aty to be noticed) (Glen, Jeffrey) |
| Filing 17 Proposed Scheduling Order and Discovery Plan by 34-45 Patel LLC, Rozi Ahmad, Sikder Ali Ahmed, Laura Carrio, Luis Carrio, Marciano Estigarrabia, Olga Estigarrabia, Cleber Gauman, Magdalena Gauman, Rass LLC, Pemba Sherpa, Vidya Sherpaj, The 73rd Street Homeowners Association, The Norberto Narvaez Irrevocable Trust, Irene Zaman, Md A Zaman (Slowik, Christopher) |
| Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: An initial conference was held on the record on October 2, 2024. Plaintiff's counsel appeared. City defendants' counsel appeared. Attorney Scott Winikow appeared for Meuser Rutledge Consulting Engineers PLLC and Ryan Zhang. Attorney Jeffrey Glen appeared for a portion of the 74th Street Owners defendants. Mr. Winikow and Mr. Glen shall each file a notice of appearance by October 11, 2024. Meuser Rutledge Consulting Engineers PLLC, Ryan Zhang, and the represented 74th Street Owners defendants' deadline to respond to the Complaint is extended until October 31, 2024. In light of the discussion, particularly with respect to City Defendants' anticipated motion to dismiss, the Court stays discovery at this time. The parties shall file a joint status report by November 4, 2024. (ZoomGov Log #3:07-3:25.) (EG) |
ORDER: Per the Court's August 21, 2024 Order, the parties were to file a proposed Discovery Plan and Scheduling Order by September 27, 2024. As no proposed Discovery Plan and Scheduling Order appears on the docket, the Court sua sponte extends the deadline to October 2, 2024 at 12:00 p.m. The parties are reminded that per the Court's September 20, 2024 Order, the October 2, 2024 initial conference remains as scheduled. The parties are further reminded that failure to follow Court orders may result in sanctions. Ordered by Magistrate Judge Joseph A. Marutollo on 10/1/2024. (EG)
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| Filing 16 SUMMONS Returned Executed by Pemba Sherpa, Laura Carrio, Md A Zaman, The 73rd Street Homeowners Association, The Norberto Narvaez Irrevocable Trust, 34-45 Patel LLC, Cleber Gauman, Rass LLC, Luis Carrio, Irene Zaman, Olga Estigarrabia, Magdalena Gauman, Marciano Estigarrabia, Rozi Ahmad, Vidya Sherpaj, Sikder Ali Ahmed. Meuser Rutledge Consulting Engineers PLLC served on 9/26/2024, answer due 10/17/2024. (Slowik, Christopher) |
| Filing 15 AFFIDAVIT of Service for Rule 4 Notice & Request to Waive Service served on Adam Gawronski NYC HPD, Ryan Zhang, PE, William Halkiadakis NYC DOB on 09/12/2024, filed by 34-45 Patel LLC, Rozi Ahmad, Sikder Ali Ahmed, Laura Carrio, Luis Carrio, Marciano Estigarrabia, Olga Estigarrabia, Cleber Gauman, Magdalena Gauman, Rass LLC, Pemba Sherpa, Vidya Sherpaj, The 73rd Street Homeowners Association, The Norberto Narvaez Irrevocable Trust, Irene Zaman, Md A Zaman. (Slowik, Christopher) |
| Filing 14 AFFIDAVIT of Service for Rule 4(d) Notice & Request to Waive Service served on All defendants except Gawronski NYC HPD, Zhang, Halkiadakis at DOB, The City of NY, & NYC Dept of Finance on 08/30/2024, filed by 34-45 Patel LLC, Rozi Ahmad, Sikder Ali Ahmed, Laura Carrio, Luis Carrio, Marciano Estigarrabia, Olga Estigarrabia, Cleber Gauman, Magdalena Gauman, Rass LLC, Pemba Sherpa, Vidya Sherpaj, The 73rd Street Homeowners Association, The Norberto Narvaez Irrevocable Trust, Irene Zaman, Md A Zaman. (Slowik, Christopher) |
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ORDER granting #12 Motion for Extension of Time to File Pre-motion Conference Letters to October 31, 2024; terminating #13 Motion for Pre Motion Conference. ECF Doc. #13 is not a motion but a letter from Plaintiff's counsel consenting to the City Defendants' application (ECF Doc. 12). Ordered by Judge Ramon E. Reyes, Jr on 9/27/2024. (MV)
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| Filing 13 Consent MOTION for pre motion conference by 34-45 Patel LLC, Rozi Ahmad, Sikder Ali Ahmed, Laura Carrio, Luis Carrio, Marciano Estigarrabia, Olga Estigarrabia, Cleber Gauman, Magdalena Gauman, Rass LLC, Pemba Sherpa, Vidya Sherpaj, The 73rd Street Homeowners Association, The Norberto Narvaez Irrevocable Trust, Irene Zaman, Md A Zaman. (Slowik, Christopher) |
| Filing 12 MOTION for Extension of Time to File Answer /Pre-Motion Conference Letter by Adam Gawronski, William Halkiadakis, Saharat Kunateerachadalai, New York City Department of Buildings, New York City Department of Finance, New York City Department of Housing Preservation and Development, Philip Ng, The City of New York. (Kendrick, Isabella) Modified on 9/27/2024 (MV). |
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (EG) |
| Case Reassigned to Judge Ramon E. Reyes, Jr and Magistrate Judge Joseph A. Marutollo. Magistrate Judge Joseph A. Marutollo no longer assigned as presider to the case. 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. (DA) |
| Filing 11 Letter pursuant to Section 4 of Administrative Order No. 2023-23 by Adam Gawronski, William Halkiadakis, Saharat Kunateerachadalai, New York City Department of Buildings, New York City Department of Finance, New York City Department of Housing Preservation and Development, Philip Ng, The City of New York (Kendrick, Isabella) |
| Filing 10 SUMMONS Returned Executed by Pemba Sherpa, Laura Carrio, Md A Zaman, The 73rd Street Homeowners Association, The Norberto Narvaez Irrevocable Trust, 34-45 Patel LLC, Cleber Gauman, Rass LLC, Luis Carrio, Irene Zaman, Olga Estigarrabia, Magdalena Gauman, Marciano Estigarrabia, Rozi Ahmad, Vidya Sherpaj, Sikder Ali Ahmed. Sajid Ahmad served on 8/30/2024, answer due 9/20/2024; Eleni Anasatas served on 8/30/2024, answer due 9/20/2024; George Anastas served on 8/30/2024, answer due 9/20/2024; Peter Anastas served on 8/30/2024, answer due 9/20/2024; Hyun Joo Bae served on 8/30/2024, answer due 9/20/2024; Dolly Gil served on 8/30/2024, answer due 9/20/2024; Rafael Gil served on 8/30/2024, answer due 9/20/2024; William Halkiadakis served on 8/30/2024, answer due 9/20/2024; Aparna Rani Kar served on 8/30/2024, answer due 9/20/2024; Aisha Khan served on 8/30/2024, answer due 9/20/2024; Saharat Kunateerachadalai served on 8/30/2024, answer due 9/20/2024; Philip Ng served on 8/30/2024, answer due 9/20/2024; Myhanh Nguyen served on 8/30/2024, answer due 9/20/2024; Yul Noy served on 8/30/2024, answer due 9/20/2024; Monica Torres served on 8/30/2024, answer due 9/20/2024; James Wong served on 8/30/2024, answer due 9/20/2024; Jennifer Wong served on 8/30/2024, answer due 9/20/2024; Wong James Jennifer LLC served on 8/30/2024, answer due 9/20/2024; Ryan Zhang served on 8/30/2024, answer due 9/20/2024. (Attachments: #1 receipts of mailing from USPS 8/30/24) (Slowik, Christopher) |
| Filing 9 SUMMONS Returned Executed by Pemba Sherpa, Laura Carrio, Md A Zaman, The 73rd Street Homeowners Association, The Norberto Narvaez Irrevocable Trust, 34-45 Patel LLC, Cleber Gauman, Rass LLC, Luis Carrio, Irene Zaman, Olga Estigarrabia, Magdalena Gauman, Marciano Estigarrabia, Rozi Ahmad, Vidya Sherpaj, Sikder Ali Ahmed. New York City Department of Buildings served on 8/30/2024, answer due 9/20/2024; New York City Department of Finance served on 8/30/2024, answer due 9/20/2024; New York City Department of Housing Preservation and Development served on 8/30/2024, answer due 9/20/2024; The City of New York served on 8/30/2024, answer due 9/20/2024. (Attachments: #1 Email of service on DOF, #2 Email of service on HPD, #3 Email of service on DOB, #4 Email of service on City of New York) (Slowik, Christopher) |
| Filing 8 NOTICE of Appearance by Isabella Jacqueline Kendrick on behalf of Adam Gawronski, William Halkiadakis, Saharat Kunateerachadalai, Philip Ng (aty to be noticed) (Kendrick, Isabella) |
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ORDER - The Clerk of the Court is directed to assign a district judge to this case. The October 2, 2024 conference remains as scheduled. Ordered by Magistrate Judge Joseph A. Marutollo on 9/20/2024. (JAM)
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| Filing 7 NOTICE of Appearance by Isabella Jacqueline Kendrick on behalf of New York City Department of Buildings, New York City Department of Finance, New York City Department of Housing Preservation and Development, The City of New York (aty to be noticed) (Kendrick, Isabella) |
| Filing 6 Summons Issued as to Sajid Ahmad, Eleni Anasatas, George Anastas, Peter Anastas, Hyun Joo Bae, Adam Gawronski, Alejandro Gil, Dolly Gil, Rafael Gil, William Halkiadakis, Aparna Rani Kar, Aisha Khan, Saharat Kunateerachadalai, Meuser Rutledge Consulting Engineers PLLC, New York City Department of Buildings, New York City Department of Finance, New York City Department of Housing Preservation and Development, Philip Ng, Myhanh Nguyen, Yul Noy, Monica Torres, James Wong, Jennifer Wong, Wong James Jennifer LLC, Ryan Zhang. (Attachments: #1 RIDER) (SG) |
| Filing 5 Proposed Summons. Re #1 Complaint,,,,, by 34-45 Patel LLC, Rozi Ahmad, Sikder Ali Ahmed, Laura Carrio, Luis Carrio, Marciano Estigarrabia, Olga Estigarrabia, Cleber Gauman, Magdalena Gauman, Rass LLC, Pemba Sherpa, Vidya Sherpaj, The 73rd Street Homeowners Association, The Norberto Narvaez Irrevocable Trust, Irene Zaman, Md A Zaman (Attachments: #1 Exhibit Rider with names for additional summonses) (Slowik, Christopher) |
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Filing 4
SCHEDULING ORDER: A telephonic initial conference will be held on October 2, 2024 at 3:00 p.m. before Magistrate Judge Joseph A. Marutollo. To participate in the conference, the parties shall dial (646) 828-7666; Meeting ID: 161 068 7530; Passcode: 843714. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than September 27, 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 8/21/2024. (Attachments: #1 Individual Practices and Rules) (EG)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (KD) |
| Case Assigned to Magistrate Judge Joseph A. Marutollo. 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) |
| Your proposed summons was not issued for the following reasons: 1)If multiple defendants, there must be a rider attached to the one (1)Proposed summons with the name and addresses of all defendants included. Do not file a separate proposed summons for each defendant. 2)The CLERK OF COURT name needs to be Updated/Corrected.Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18196837 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Laura Carrio, Md A Zaman, The 73rd Street Homeowners Association, The Norberto Narvaez Irrevocable Trust, 34-45 Patel LLC, Cleber Gauman, Rass LLC, Luis Carrio, Irene Zaman, Olga Estigarrabia, Magdalena Gauman, Marciano Estigarrabia, Rozi Ahmad, Sikder Ali Ahmed, George Anastas, Ryan Zhang, John and Jane Does 1-10. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons, #11 Proposed Summons, #12 Proposed Summons, #13 Proposed Summons, #14 Proposed Summons, #15 Proposed Summons, #16 Proposed Summons, #17 Proposed Summons, #18 Proposed Summons, #19 Proposed Summons, #20 Proposed Summons, #21 Proposed Summons, #22 Proposed Summons, #23 Proposed Summons, #24 Proposed Summons, #25 Proposed Summons, #26 Proposed Summons, #27 Exhibit Exhibit A: Photos of 74th St. Wall, #28 Exhibit Exhibit B: Photo of steel braces installed in 73rd St. backyards, #29 Exhibit Exhibit C: Map of block, #30 Exhibit Exhibit D: protest filed against ERP charges (submitted similar document for each property)) (Slowik, Christopher) |
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