Jacobson v. Capetola et al
| Eric Stanley Jacobson |
| The Law Offices of Anthony A. Capetola, Spano Abstract Services Corporation, Stacy Albin, Danielle Seid and Anthony A. Capetola |
| 2:2017cv05942 |
| October 11, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F Bianco |
| Lois Bloom |
| Roslynn R Mauskopf |
| A Kathleen Tomlinson |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Filing 40
JUDGMENT: A Memorandum and Order of the undersigned having been issued this day directing the Clerk of Court to enter judgment accordingly and to close this case, it is hereby: ORDERED, ADJUDGED, AND DECREED that the plaintiff take nothing of the defendants, that all claims brought by the plaintiff are dismissed, and that this case is hereby closed. Ordered by Judge Roslynn R. Mauskopf on 3/22/2019. (Taronji, Robert)
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Filing 39
MEMORANDUM AND ORDER: Accordingly, defendants' motion for judgment on the pleadings (Doc. No. #36 ) is granted, and this action is dismissed. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any in forma pauperis appeal from this Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is respectfully directed to mail a copy of this Memorandum and Order and the accompanying judgment to pro se plaintiff Eric Jacobson at 38 Herbert Drive, New Hyde Park, NY 11040, as well as to Eric Jacobson, #81425-053, c/o RRM New York, Residential Reentry Office, P.O. Box 329014, Brooklyn, NY 11232. The Clerk of Court is directed to note the mailings on the docket and close the case. Ordered by Judge Roslynn R. Mauskopf on 3/22/2019. (Taronji, Robert)
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| Filing 38 REPLY in Opposition filed by Stacy Albin, Anthony A. Capetola, Danielle Seid, Spano Abstract Services Corporation, The Law Offices of Anthony A. Capetola. (Barrows, Michael) |
| Filing 37 REPLY to Response to Motion re #36 MOTION for Summary Judgment filed by Stacy Albin, Anthony A. Capetola, Danielle Seid, Spano Abstract Services Corporation, The Law Offices of Anthony A. Capetola. (Barrows, Michael) |
| Filing 36 MOTION for Summary Judgment by Stacy Albin, Anthony A. Capetola, Danielle Seid, Spano Abstract Services Corporation, The Law Offices of Anthony A. Capetola. (Attachments: #1 Affidavit in Support Affirmationin Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Memorandum in Support Defendants' Memorandum of Law) (Barrows, Michael) |
| Filing 35 MOTION for Summary Judgment by Stacy Albin, Anthony A. Capetola, Danielle Seid, Spano Abstract Services Corporation, The Law Offices of Anthony A. Capetola. (Attachments: #1 Affidavit in Support Affirmation in Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E) (Barrows, Michael) |
| Filing 34 Plaintiff's Memorandum of Law in opposition to defendant's motion to stay or in the alternative to dismiss complaint filed by Eric Stanley Jacobson. (Almonte, Giselle) |
| Filing 33 DECLARATION re Scheduling Order,,, by The Law Offices of Anthony A. Capetola (Capetola, Anthony) |
| Filing 32 TRANSCRIPT of Proceedings held on April 18, 2018, before Judge Bloom. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/28/2018. Redacted Transcript Deadline set for 7/9/2018. Release of Transcript Restriction set for 9/5/2018. (Hong, Loan) |
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SCHEDULING ORDER: The defendants' request for a pre-motion conference is denied. No pre-motion conference is required in this case. The defendants shall serve their motion papers on or before July 6, 2018; the plaintiff shall serve his opposition papers on or before August 6, 2018; and the fully briefed motion, together with the defendants' reply, if any, shall be served and filed via ECF by August 20, 2018. The defendants shall comply with the Local Rules regarding mandatory notice to a pro se litigant, and shall provide Chambers with a courtesy copy, together with a cover letter identifying the document, of each submission at the time of filing. The defendants are further directed to mail a copy of this order to the plaintiff at the address listed on the docket and at 38 Herbert Drive, New Hyde Park, NY 11040, and to file a declaration of service on the docket. Ordered by Judge Roslynn R. Mauskopf on 6/5/2018. (Zhu, Angela)
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| Filing 31 Letter requesting pre-motion conference by Stacy Albin, Anthony A. Capetola, Danielle Seid, Spano Abstract Services Corporation, The Law Offices of Anthony A. Capetola (Attachments: #1 Exhibit Letter Request Pursuant to Individual Rule III(A)(2)) (Barrows, Michael) |
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Filing 30
ORDER: As discussed on the record, defendants may renew their pre-motion conference request, see ECF No. #13 , to Judge Mauskopf by 5/29/2018. The parties are encouraged to discuss settlement. SO ORDERED by Magistrate Judge Lois Bloom, on 5/9/2018. C/mailed. (Request for Pre-Motion conference due by 5/29/2018.) (Latka-Mucha, Wieslawa)
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| Filing 29 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 5/9/2018. Recorded. Tick #(s) 9:14 - 9:33; 9:42 - 9:48. Appearance for Plaintiff: pro se Eric Jacobson. Appearances for Defendants: Michael Barrows, Esq. (Latka-Mucha, Wieslawa) |
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Filing 28
ORDER: As discussed on the record, the parties are encouraged to discuss a resolution of this matter. The Court shall hold a telephone conference on 5/9/2018 at 8:45 a.m. Defendants' counsel shall arrange and initiate the conference call. The Warden at FCI Danbury shall make plaintiff available for the conference call at that time. After establishing contact with plaintiff, defendants' counsel shall contact the Court at (718) 613-2170. SO ORDERED by Magistrate Judge Lois Bloom, on 4/18/2018. C/mailed. (Telephone Conference set for 5/9/2018 at 8:45 a.m. before Magistrate Judge Lois Bloom.) (Latka-Mucha, Wieslawa)
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| Filing 27 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 4/18/2018. Recorded. Tick #(s) 9:10 - 9:58. Appearance for Plaintiff: pro se Eric Jacobson. Appearances for Defendants: Michael Barrows, Esq (Latka-Mucha, Wieslawa) |
| Filing 26 Letter Letter to Mag. Lois Bloom with State Court Decision by Anthony A. Capetola (Barrows, Michael) |
| Filing 25 Letter dated April 1, 2018 to Judge Bloom from pro se plaintiff Eric Jacobson re: conference that needed to be arranged by Defendants with the Warden of MDC as per Order. (See letter for further details) (Almonte, Giselle) |
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Filing 24
SCHEDULING ORDER: Prior to the conference, the Warden's Office at the Metropolitan Detention Center in Brooklyn informed the Court that the Bureau of Prisons transferred plaintiff to FCI Danbury early this morning. As a result, plaintiff was unavailable for the conference. The Court shall hold a telephone conference in this matter on 4/18/2018 at 9:00 a.m. Defendants' counsel shall arrange and initiate the conference call. The Warden at FCI Danbury shall make plaintiff available for the conference call at that time. After establishing contact with plaintiff, defendants' counsel shall contact the Court at (718) 613-2170. SO ORDERED by Magistrate Judge Lois Bloom, on 3/29/2018. C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 23 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 3/29/2018. Recorded. Tick #(s) 10:06 - 10:09. Pro Se Plaintiff Eric Stanley Jacobson not present. Appearances for Defendants: Michael Barrows, Esq. (Latka-Mucha, Wieslawa) |
| Filing 22 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 3/28/2018. Recorded. Tick #(s) 9:44 - 9:51. Pro Se Plaintiff not available by phone. Appearances for Defendants: Michael Barrows, Esq. (Latka-Mucha, Wieslawa) |
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Filing 21
SCHEDULING ORDER: The Court held a telephone conference on March 28, 2018. Plaintiff is currently incarcerated at the Metropolitan Detention Center ("MDC") in Brooklyn. Defendants' counsel failed to arrange to have plaintiff appear by telephone as the Court had ordered. ECF No. #20 . This is unacceptable. The Court has arranged with the Warden's Office at the MDC to hold a telephone conference in this matter tomorrow, March 29, 2018 at 10:00 a.m. With the Court's appreciation, the Warden at the MDC shall make plaintiff available for the conference call at that time and shall contact the Court at (718) 613-2170. Mr. Barrows shall also contact the Court at this time and the Court shall conference the parties and proceed on the record. See Attached Order. Ordered by Magistrate Judge Lois Bloom on 3/28/2018. (DeAtley, Tavish)
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Filing 20
ORDER: By #19 letter filed 3/8/2018, pro se plaintiff "apologizes to the Court and Defendants for not attending the hearing on [February 28, 2018]... and respectfully requests an adjournment of the hearing scheduled" for 3/27/2018. Plaintiff informs the Court that he was remanded to the Metropolitan Detention Center and was therefore, unable to attend the conference. Plaintiff's #19 requests are granted. The Court shall hold a telephone conference in this matter on 3/28/2018 at 9:30 a.m. Defendants' counsel shall arrange and initiate the conference call. The Warden at the Metropolitan Detention Center shall make plaintiff available for the conference call at that time. SO ORDERED by Magistrate Judge Lois Bloom, on 3/13/2018. C/mailed. (Latka-Mucha, Wieslawa)
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| Set/Reset Hearing: Telephone Conference re-set for 3/28/2018 at 9:30 a.m. before Magistrate Judge Lois Bloom. (Latka-Mucha, Wieslawa) |
| Filing 19 MOTION to Adjourn Conference / Letter dated March 3, 2018 to Magistrate Judge Lois Bloom from pro se plaintiff Eric Jacobson re: "sincerely apologizes to the Court and Defendants for not attending the hearing on 2/28/18 for reasons set forth and respectfully requests an adjournment of the hearing scheduled before Your Honor on March 27,2018." (Almonte, Giselle) (Modified.) |
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Filing 18
SCHEDULING ORDER: Pro se plaintiff failed to appear at today's conference. Plaintiff did not contact the Court or defendants' counsel to request an adjournment of the conference. This is plaintiff's case to vindicate his rights. He must comply with the Court's orders. The Court shall hold another conference to give plaintiff one last chance to timely appear. The Court shall hold a conference on 3/27/2018 at 1:30p.m. in Courtroom 11A South of the United States Courthouse. Plaintiff shall timely appear at the 3/27/2018 conference and shall show good cause why he did not appear at today's conference. The plaintiff is warned that if he fails to timely appear in-person at the 3/27/2018 conference, I shall recommend that this case should be dismissed pursuant to Rules 16(f) and 37(b)(2)(A)(v) of the Federal Rules of Civil Procedure. SO ORDERED by Magistrate Judge Lois Bloom, on 2/28/2018. C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 17 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Conference held on 2/28/2018. Recorded. Tick #(s) 11:27 - 11:33. No Appearance for pro se Plaintiff Eric Stanley Jacobson. Appearances for Defendants: Michael Barrows, Esq. (Latka-Mucha, Wieslawa) |
| Filing 16 AFFIDAVIT/AFFIRMATION of Mail Service to Eric Jacobson by The Law Offices of Anthony A. Capetola (Barrows, Michael) |
| Filing 15 Mail Returned as Undeliverable. A copy of Judge Lois Bloom's 1/30/2018 Order sent to pro se Eric Stanley Jacobson, Halfway House, 104 Gold Street, Brooklyn, NY 11201. Envelope marked: "Return To Sender. Attempted Not Known. Unable To Forward." (Latka-Mucha, Wieslawa) |
| Filing 14 AFFIDAVIT/AFFIRMATION re #13 First MOTION for pre motion conference by Anthony A. Capetola (Barrows, Michael) |
| Filing 13 First MOTION for pre motion conference by Anthony A. Capetola. (Barrows, Michael) |
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ORDER: The defendants' request for a pre-motion conference is denied with leave to renew after an initial conference before Magistrate Judge Bloom. The parties should be prepared to discuss the legal and factual issues raised by the proposed motion. The defendants shall serve a copy of this Order on the plaintiff immediately. Ordered by Judge Roslynn R. Mauskopf on 2/8/2018. (Zhu, Angela)
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Filing 12
SCHEDULING ORDER: The Honorable Joseph F. Bianco #11 granted plaintiff's #5 motion to transfer this case to the Brooklyn Courthouse. Accordingly, the Court shall hold an initial conference on 2/28/2018 at 11:00 a.m. in Courtroom 11A South of the United States Courthouse. No planning conference pursuant to Rule 26(a)(1) shall be required at this time. SO ORDERED by Magistrate Judge Lois Bloom, on 1/30/2018. C/mailed. (Latka-Mucha, Wieslawa)
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ORDER REASSIGNING CASE. Case reassigned to Judge Roslynn R. Mauskopf and Magistrate Judge Lois Bloom for all further proceedings. Judge Joseph F. Bianco, Magistrate Judge A. Kathleen Tomlinson no longer assigned to 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.. Ordered by Chief Judge Dora Lizette Irizarry on 1/26/2018. (Davis, Kimberly)
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Filing 11
ORDER granting #5 Motion to to randomly re-assign this case to a district judge and magistrate judge in the Brooklyn courthouse. Ordered by Judge Joseph F. Bianco on 1/9/2018. (Bollbach, Jean)
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| Filing 10 SUMMONS Returned Executed by Eric Stanley Jacobson. Stacy Albin served on 10/26/2017, answer due 11/16/2017; Anthony A. Capetola served on 10/24/2017, answer due 11/14/2017; Danielle Seid served on 10/24/2017, answer due 11/14/2017; Spano Abstract Services Corporation served on 10/24/2017, answer due 11/14/2017; The Law Offices of Anthony A. Capetola served on 10/24/2017, answer due 11/14/2017. (Bollbach, Jean) |
| Filing 9 RESPONSE in Opposition re #5 MOTION to Compel /transfer case to the Brooklyn Courthouse filed by Eric Stanley Jacobson. (Bollbach, Jean) |
| Filing 8 ANSWER to #1 Complaint, by All Defendants. (Attachments: #1 Affidavit of Service) (Barrows, Michael) |
| Filing 7 MEMORANDUM in Opposition re #5 MOTION to Compel /transfer case to the Brooklyn Courthouse filed by All Defendants. (Attachments: #1 Affidavit of Service) (Barrows, Michael) |
| Filing 6 NOTICE of Appearance by Michael C. Barrows on behalf of All Defendants (aty to be noticed) (Barrows, Michael) |
| Filing 5 MOTION to Compel /transfer case to the Brooklyn Courthouse by Eric Stanley Jacobson. (Bollbach, Jean) |
| Filing 4 Letter from Pro Se Dept to Eric Johnson acknowledging receipt of the civil action. (Florio, Lisa) |
| Case Entry Information. During case opening, one of the defendants was not entered. The error has been corrected and the complaint was deleted and re-entered as to all defendants. (Cox, Dwayne) |
| 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. (Cox, Dwayne) |
| Filing 1 COMPLAINT For Injunctive Relief and Declaratory Judgment against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Eric Stanley Jacobson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet) (Cox, Dwayne) Modified on 10/17/2017 (Cox, Dwayne). |
| Filing 2 Summons Issued as to Stacy Albin, Anthony A. Capetola, Danielle Seid, Spano Abstract Services Corporation, and The Law Offices of Anthony A. Capetola. (Cox, Dwayne) |
| FILING FEE: $ 400.00, receipt number 4653120224 (Cox, Dwayne) |
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