Long Island Housing Services, Inc. et al v. NPS Holiday Square LLC et al
| Suffolk Independent Living Organization, Inc., Doreen Kernozek, Long Island Housing Services, Inc. and Lori Gerardi |
| NPS Property Corp., Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, Northwood Village, Inc., NPS Holiday Square LLC and South Shore Gardens, LLC |
| New York State Attorney General |
| 2:2018cv03583 |
| June 20, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M Azrack |
| Gary R Brown |
| Diane Gujarati |
| James M Wicks |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 Fair Housing Act |
| Plaintiff |
Docket Report
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ORDER re: #132 STATUS REPORT -- In light of the Joint Status Report, ECF No. 132, in which the parties represent that they "participated in a productive mediation and are continuing in good faith to negotiate the terms of a potential settlement" and request "that the Court continue to hold all proceedings in abeyance to allow settlement negotiations to continue," see ECF No. 132 at 1, the pending summary judgment motions shall continue to be held in abeyance. The parties are directed to file a joint status report by August 3, 2023. Ordered by Judge Diane Gujarati on 7/7/2023. (KA)
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| Filing 132 STATUS REPORT by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC (McCarthy, Alisha) |
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ORDER re: #131 Letter -- By letter dated March 14, 2023, Defendants informed the Court that all parties have agreed to participate in mediation. See ECF No. 131. The pending summary judgment motions are held in abeyance pending mediation. See ECF Nos. 115, 116; see also Report and Recommendation, ECF No. 128; Plaintiffs' Objections to Report and Recommendation, ECF No. 130. The parties are directed to file a joint status report by July 6, 2023. Ordered by Judge Diane Gujarati on 3/28/2023. (KA)
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| Filing 131 Letter Advising Court of Mediation Date by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC (Jaroslaw, Ilene) |
| Filing 130 OBJECTION to #128 Report and Recommendations filed by All Plaintiffs. (Corman, Brian) |
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ORDER granting #129 Joint MOTION for Extension of Time -- The joint motion is granted. Any objections to the January 24, 2023 Report and Recommendation of Magistrate Judge James M. Wicks, ECF No. 128, must be filed by March 10, 2023. Ordered by Judge Diane Gujarati on 2/1/2023. (KA)
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| Filing 129 Joint MOTION for Extension of Time to File Objections to Report and Recommendation by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
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Filing 128
REPORT AND RECOMMENDATIONS re #115 and #116 : As set forth in the attached Report and Recommendation, the undersigned respectfully recommends the parties' cross-motions be decided as follows: (i) grant Defendants' motion for summary judgment as to Plaintiffs' FHA claims to the extent Plaintiffs seek to assert FHA claims on the basis of source of income discrimination, and deny Plaintiffs' motion as to the same, (ii) grant Defendants' motion for summary judgment as to Plaintiffs' NYSHRL claims regarding Defendants' Quota Statements and related rejection of applicants to the extent those claims are based on source of income discrimination, and deny Plaintiffs' motion as to the same (iii) grant Plaintiffs' motion for summary judgment on their claims under Suffolk County Code 528-9(A)(7) for statements expressing a limitation in connection with rental inquiries, and Suffolk County Code 528-9(A)(1) for refusing to rent housing, to the extent those claims are based on source of income discrimination related to the Quota Statements and related rejection of applicants, and deny Defendants' motion as to the same, (iv) grant Defendants' motion for summary judgment as to Plaintiffs' disparate impact claims related to the Policy to the extent those claims are premised on disability discrimination, and deny Plaintiffs' motion as to the same, (v) grant Defendants' motion for summary judgment as to Plaintiffs' claim for disparate treatment related to the Policy, (vi) deny the parties' cross motions for summary judgment on Plaintiffs' disparate impact claim related to the Policy to the extent premised on source of income discrimination, (vii) deny Defendants' motion for summary judgment on Plaintiffs' race discrimination claim, (viii) deny Defendants' motion for summary judgment on Kernozek's claims based on the rejection of her 2016 application, and (ix) deny Plaintiffs' motion for summary judgment on Gerardi's claims based on the rejection of her 2017 application. A copy of this Report and Recommendation is being electronically served on counsel. Any written objections to this Report and Recommendation must be filed with the Clerk of the Court within fourteen (14) days of service of this Report. 28 U.S.C. 636(b)(1) (2006 & Supp. V 2011); Fed. R. Civ. P. 6(a), 72(b). Any requests for an extension of time for filing objections must be directed to the District Judge assigned to this action prior to the expiration of the fourteen (14) day period for filing objections. Failure to file objections within fourteen (14) days will preclude further review of this Report and Recommendation either by the District Court or the Court of Appeals. Thomas v. Arn, 474 U.S. 140, 145 (1985) ("a party shall file objections with the district court or else waive right to appeal"); Caidor v. Onondaga Cnty., 517 F.3d 601, 604 (2d Cir. 2008) ("failure to object timely to a magistrate's report operates as a waiver of any further judicial review of the magistrate's decision"); see Monroe v. Hyundai of Manhattan & Westchester, 372 F. App'x 147, 14748 (2d Cir. 2010) (same)/ So Ordered by Magistrate Judge James M. Wicks on 1/24/2023. (DF)
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ORDER granting #118 Motion for Leave to File. For the reasons stated in DE #128 at 22 n.6, the New York State Attorney General's motion for leave to file an amicus brief was granted, and the brief considered. So Ordered by Magistrate Judge James M. Wicks on 1/24/2023. (MSH)
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| Filing 127 REDACTION to #124 Order on Motion to Unseal Document, by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc. (Attachments: #1 Exhibit 4 Penn Dep, #2 Exhibit 5 Lekic Dep, #3 Exhibit 6 Eisenlau Dep, #4 Exhibit 9 DEF00003423, #5 Exhibit 10 DEF00003305, #6 Exhibit 11 Corrar Dep, #7 Exhibit 12 LIHS001191, #8 Exhibit 13 LIHS002142, #9 Exhibit 14 DEF00003732, #10 Exhibit 15 DEF00003732, #11 Exhibit 16 DEF00007942, #12 Exhibit 17 DEF0000565, #13 Exhibit 22 DEF0000588, #14 Exhibit 23 DEF00002329, #15 Exhibit 24 DEF00002885, #16 Exhibit 25 DEF0000835, #17 Exhibit 30 DEF0000002, #18 Exhibit 33 DEF0001344, #19 Exhibit 35 DEF0001257, #20 Exhibit 36 DEF0001342, #21 Exhibit 37 DEF0001776, #22 Plaintiffs List of Exhibits, #23 Exhibit 1 Cole Dec, #24 Exhibit 5 Linda Eisenlau Trans, #25 Exhibit 6 DEF0001368, #26 Exhibit 10 Dierdre Lekic Trans, #27 Exhibit 12 Chiaramonte Depo, #28 Exhibit 13 LIHS000086, #29 Exhibit 14 LIHS000103, #30 Exhibit 15 LIHS000124, #31 Exhibit 38 DEF00003405, #32 Exhibit 39 LIHS000205, #33 Exhibit 40 LIHS000222, #34 Exhibit 42 LIHS000259, #35 Exhibit 43 LIHS000294, #36 Exhibit 44 LIHS000279, #37 Exhibit 45 LIHS000312, #38 Exhibit 46 DEF00003344, #39 Exhibit 47 DEF00003292, #40 Exhibit 48 DEF00003296, #41 Exhibit 49 DEF00003614, #42 Exhibit 50 DEF00003525, #43 Plaintiffs Response SUF) (Corman, Brian) |
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ORDER. The parties' deadline to file the remaining redacted exhibits cited in their summary judgment briefing is hereby extended to on or before January 13, 2023. So Ordered by Magistrate Judge James M. Wicks on 1/9/2023. (MSH)
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| Filing 126 Letter Regarding Filing of Redacted Exhibits to MSJ submissions - jointly submitted by Plaintiffs and Defendants by NPS Property Corp. (Jaroslaw, Ilene) |
| Filing 125 REDACTION Summary Judgment Documents by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC (Attachments: #1 Exhibit 12/22/21 Defendants' Memorandum of Law, #2 Exhibit 12/22/21 Defendants Statement of Material Facts and Response to Plaintiffs Statement of Material Facts, #3 Exhibit 12/22/21 McCarthy Declaration, #4 Exhibit Ex. 2 to 12/22/21 McCarthy Declaration, #5 Exhibit Ex. 3 to 12/22/21 McCarthy Declaration, #6 Exhibit Ex. 6 to 12/22/21 McCarthy Declaration, #7 Exhibit Ex. 8 to 12/22/21 McCarthy Declaration, #8 Exhibit Ex. 9 to 12/22/21 McCarthy Declaration, #9 Exhibit Ex. 10 to 12/22/21 McCarthy Declaration, #10 Exhibit Ex. 11 to 12/22/21 McCarthy Declaration, #11 Exhibit Ex. 12 to 12/22/21 McCarthy Declaration, #12 Exhibit Ex. 13 to 12/22/21 McCarthy Declaration, #13 Exhibit Ex. 15 to 12/22/21 McCarthy Declaration, #14 Exhibit Ex. 16 to 12/22/21 McCarthy Declaration, #15 Exhibit Ex. 17 to 12/22/21 McCarthy Declaration, #16 Exhibit Ex. 18 to 12/22/21 McCarthy Declaration, #17 Exhibit Ex. 19 to 12/22/21 McCarthy Declaration, #18 Exhibit Ex. 20 to 12/22/21 McCarthy Declaration, #19 Exhibit Ex. 21 to 12/22/21 McCarthy Declaration, #20 Exhibit Ex. 22 to 12/22/21 McCarthy Declaration, #21 Exhibit Ex. 23 to 12/22/21 McCarthy Declaration, #22 Exhibit Ex. 24 to 12/22/21 McCarthy Declaration, #23 Exhibit Ex. 25 to 12/22/21 McCarthy Declaration, #24 Exhibit Ex. 26 to 12/22/21 McCarthy Declaration, #25 Exhibit Ex. 27 to 12/22/21 McCarthy Declaration, #26 Exhibit Ex. 28 to 12/22/21 McCarthy Declaration, #27 Exhibit Ex. 29 to 12/22/21 McCarthy Declaration, #28 Exhibit Ex. 30 to 12/22/21 McCarthy Declaration, #29 Exhibit Ex. 31 to 12/22/21 McCarthy Declaration, #30 Exhibit Ex. 34 to 12/22/21 McCarthy Declaration, #31 Exhibit Ex. 40 to 12/22/21 McCarthy Declaration, #32 Exhibit Ex.41 to 12/22/21 McCarthy Declaration, #33 Exhibit Ex. A to 12/22/21 Rodriguez Declaration, #34 Exhibit Ex. B to 12/22/21 Rodriguez Declaration, #35 Exhibit Ex. D to 12/22/21 Rodriguez Declaration, #36 Exhibit Ex. E to 12/22/21 Rodriguez Declaration, #37 Exhibit Ex. F to 12/22/21 Rodriguez Declaration, #38 Exhibit Ex. G to 12/22/21 Rodriguez Declaration, #39 Exhibit Ex. 5 to 3/29/22 McCarthy Declaration, #40 Exhibit Ex. 7 to 3/29/22 McCarthy Declaration, #41 Exhibit Ex. 8 to 3/29/22 McCarthy Declaration, #42 Exhibit Ex. 9 to 3/29/22 McCarthy Declaration, #43 Exhibit Ex. 10 to 3/29/22 McCarthy Declaration, #44 Exhibit Ex. 11 to 3/29/22 McCarthy Declaration, #45 Exhibit Ex. 12 to 3/29/22 McCarthy Declaration, #46 Exhibit Ex. 13 to 3/29/22 McCarthy Declaration, #47 Exhibit Ex. 14 to 3/29/22 McCarthy Declaration, #48 Exhibit Ex. 15 to 3/29/22 McCarthy Declaration, #49 Exhibit Ex. 16 to 3/29/22 McCarthy Declaration, #50 Exhibit Ex. 20 to 3/29/22 McCarthy Declaration, #51 Exhibit Ex. 21 to 3/29/22 McCarthy Declaration, #52 Exhibit Ex. 22 to 3/29/22 McCarthy Declaration, #53 Exhibit Ex. 23 to to 3/29/22 McCarthy Declaration, #54 Exhibit Ex. 24 to 3/29/22 McCarthy Declaration, #55 Exhibit Ex. 25 to 3/29/22 McCarthy Declaration, #56 Exhibit Ex. A to 3/29/22 Rodriguez Declaration, #57 Exhibit Ex. C to 3/29/22 Rodriguez Declaration, #58 Exhibit Ex. D to 3/29/22 Rodriguez Declaration) (Rodriguez, Rachel) |
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Filing 124
ORDER granting #123 Motion to Unseal Document #123 . The parties' application is granted. See attached Order for further details. The parties are directed to arrange to have courtesy copies of all motion papers, with unredacted exhibits attached to each, delivered to chambers on or before December 16, 2022. So Ordered by Magistrate Judge James M. Wicks on 12/6/2022. (MSH)
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| Filing 123 MOTION to Unseal Document After Redactions and Proposed Order by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
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ORDER denying #113 Motion to Seal; denying #114 Motion for Leave to Electronically File Document under Seal. Consent motions to seal (filed at DE #113 and #114 ) are hereby denied with leave to renew. There is a presumptive right to public access to judicial documents. See, e.g., United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir. 1995). "[I]t is well-settled that documents submitted to a court for its consideration in a summary judgment motion are -- as a matter of law -- judicial documents to which a strong presumption of access attaches, under both the common law and the First Amendment." Brown v. Maxwell, 929 F.3d 41, 47 (2d Cir. 2019). Judicial documents may only be kept under seal "if 'countervailing factors' in the common law framework or 'higher values' in the First Amendment framework so demand." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006). The parties do not adequately explain why the Court should grant the instant motion, as they offer no support for their position beyond the fact that the parties had agreed to a confidentiality stipulation amongst themselves to protect certain categories of information. However, "the mere existence of a confidentiality agreement covering judicial documents is insufficient to overcome the First Amendment presumption of access." Johnson v. L'Oreal USA, No. 18-CV-9786, 2021 WL 1191443, at *1 (S.D.N.Y. Mar. 30, 2021). The documents attached to the parties motion contain over a 1,000 pages total. Upon a review of these documents, some of these documents appear to contain personal identifying information and financial data of parties and non-parties. But it is not clear to the Court that "wholesale sealing of these documents, as opposed to redaction is appropriate. AngioDynamics, Inc. v. C.R. Bard, Inc., No. 17-CV-0598, 2021 WL 776701, at *7 (N.D.N.Y. Mar. 1, 2021). The parties do not provide any legal analysis as to why each of these documents should be sealed in their entirety rather than being filed with appropriate redactions. Accordingly, the motion to seal is denied, with leave to renew. That is, on or before December 9, 2022, the parties are directed to file a letter-motion, with supporting citations, to address the concerns stated herein, explaining why each of these documents should be filed under seal in their entirety in accordance with Second Circuit case law. See Brown, 929 F.3d 41; Lugosch, 435 F.3d 110; see also AngioDynamics , 2021 WL 776701, at *9 (directing parties to "apply narrowly tailored redactions to... expert deposition transcripts that refer to... sensitive information that meets the Second Circuit's sealing standard as articulated in Lugosch"). So Ordered by Magistrate Judge James M. Wicks on 11/29/2022. (MSH)
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ORDER REFERRING MOTIONS -- The #115 MOTION for Summary Judgment and the #116 CROSS-MOTION for Summary Judgment are respectfully referred to Magistrate Judge James M. Wicks for a report and recommendation. Ordered by Judge Diane Gujarati on 8/22/2022. (Almonte, Kelly)
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| Filing 122 Letter re Plaintiffs' "Supplemental Authority" by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC (Jaroslaw, Ilene) |
| Filing 121 NOTICE by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc. re #115 MOTION for Summary Judgment (Docket 115-37) (Attachments: #1 Exhibit Supplemental Authority) (Corman, Brian) |
| Filing 120 MEMORANDUM in Opposition re #118 MOTION for Leave to File Document Proposed Amicus Brief filed by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
| Filing 119 REPLY in Support re #115 MOTION for Summary Judgment , #116 MOTION for Summary Judgment , #117 Reply in Opposition,,,, filed by NPS Holiday Square LLC, Northwood Village, Inc., NPS Property Corp. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 6, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 26, #11 Declaration, #12 Exhibit B, #13 DEFENDANTS RESPONSE TO PLAINTIFFS RESPONSIVE STATEMENT OF MATERIAL FACTS) (Jaroslaw, Ilene) Modified on 8/16/2022 to correct docket text. (Almonte, Kelly) |
| Filing 118 MOTION for Leave to File Document Proposed Amicus Brief by New York State Attorney General. (Attachments: #1 Declaration, #2 Amicus Brief, #3 Certificate of Service) (Hannaford, Rachel) |
| Filing 117 REPLY in Opposition re #115 MOTION for Summary Judgment , #116 MOTION for Summary Judgment filed by Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc., and Lori Gerardi. (Attachments: #1 CONSOLIDATED LIST OF EXHIBITS, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 16, #11 Exhibit 17, #12 Exhibit 18, #13 Exhibit 19, #14 Exhibit 20, #15 Exhibit 21, #16 Exhibit 22, #17 Exhibit 23, #18 Exhibit 24, #19 Exhibit 25, #20 Exhibit 26, #21 Exhibit 27, #22 Exhibit 28, #23 Exhibit 29, #24 Exhibit 30, #25 Exhibit 31, #26 Exhibit 32, #27 Exhibit 33, #28 Exhibit 34, #29 Exhibit 35, #30 Exhibit 36, #31 Exhibit 37, #32 Exhibit 41, #33 Exhibit 51, #34 PLAINTIFFS RESPONSES TO DEFENDANTS STATEMENT OF UNDISPUTED FACTS AND STATEMENT OF ADDITIONAL UNDISPUTED FACTS) (Jaroslaw, Ilene) Modified on 8/16/2022 to correct docket text. (Almonte, Kelly) |
| Filing 116 CROSS-MOTION for Summary Judgment by NPS Holiday Square LLC, Northwood Village, Inc., NPS Property Corp. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 11, #11 Exhibit 14, #12 Exhibit 32, #13 Exhibit 33, #14 Exhibit 34, #15 Exhibit 35, #16 Exhibit 36, #17 Exhibit 37, #18 Exhibit 38, #19 Exhibit 39, #20 Exhibit 40, #21 Declaration, #22 Exhibit A, #23 Exhibit B, #24 Rule 56.1 Statement) (Jaroslaw, Ilene) Modified on 8/16/2022 to correct docket text. (Almonte, Kelly) |
| Filing 115 MOTION for Summary Judgment by Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc., and Lori Gerardi. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 11, #9 Exhibit 18, #10 Exhibit 19, #11 Exhibit 20, #12 Exhibit 21, #13 Exhibit 26, #14 Exhibit 27, #15 Exhibit 28, #16 Exhibit 29, #17 Exhibit 31, #18 Exhibit 32, #19 Exhibit 34, #20 Exhibit 38, #21 Exhibit 39, #22 Exhibit 40, #23 Exhibit 41, #24 Exhibit 42, #25 Exhibit 43, #26 Exhibit 44, #27 Exhibit 45, #28 Exhibit 46, #29 Exhibit 47, #30 Exhibit 48, #31 Exhibit 49, #32 Exhibit 50, #33 Exhibit 51, #34 Exhibit 52, #35 Exhibit 53, #36 Exhibit 54, #37 Memorandum in Support, #38 Exhibit A, #39 Rule 56.1 Statement) (Jaroslaw, Ilene) Modified on 8/16/2022 to correct docket text.(Almonte, Kelly) |
| Filing 114 Consent MOTION for Leave to Electronically File Document under Seal by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Attachments: #1 Declaration, #2 Exhibit 6, #3 Exhibit 9, #4 Exhibit 10, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 22, #12 Exhibit 23, #13 Exhibit 24, #14 Exhibit 25, #15 Exhibit 30, #16 Exhibit 33, #17 Exhibit 35, #18 Exhibit 36, #19 Exhibit 37, #20 Exhibit 6, #21 Exhibit 9, #22 Exhibit 10, #23 Exhibit 12, #24 Exhibit 13, #25 Exhibit 15, #26 Exhibit 16, #27 Exhibit 17, #28 Exhibit 18, #29 Exhibit 19, #30 Exhibit 20, #31 Exhibit 21, #32 Exhibit 22, #33 Exhibit 23, #34 Exhibit 24, #35 Exhibit 25, #36 Exhibit 26, #37 Exhibit 27, #38 Exhibit 28, #39 Exhibit 29, #40 Exhibit 30, #41 Exhibit 31, #42 Exhibit 41, #43 Exhibit B, #44 Exhibit D, #45 Exhibit E, #46 Exhibit F, #47 Exhibit G, #48 Exhibit 1, #49 Exhibit 5, #50 Exhibit 6, #51 Exhibit 12, #52 Exhibit 13, #53 Exhibit 14, #54 Exhibit 15, #55 Exhibit 38, #56 Exhibit 39, #57 Exhibit 40, #58 Exhibit 42, #59 Exhibit 43, #60 Exhibit 44, #61 Exhibit 45, #62 Exhibit 46, #63 Exhibit 47, #64 Exhibit 48, #65 Exhibit 49, #66 Exhibit 50, #67 Exhibit 5, #68 Exhibit 7, #69 Exhibit 8, #70 Exhibit 9, #71 Exhibit 10, #72 Exhibit 11, #73 Exhibit 12, #74 Exhibit 13, #75 Exhibit 14, #76 Exhibit 15, #77 Exhibit 16, #78 Exhibit 20, #79 Exhibit 21, #80 Exhibit 22, #81 Exhibit 23, #82 Exhibit 24, #83 Exhibit 25, #84 Exhibit A, #85 Exhibit C, #86 Exhibit D, #87 Proposed Order) (Jaroslaw, Ilene) |
| Filing 113 Consent MOTION to Seal by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Attachments: #1 Declaration, #2 Proposed Order) (Jaroslaw, Ilene) |
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ORDER granting #112 Motion for Leave to File Excess Pages, Motion for Extension of Time to File -- Defendants' motion is granted. Defendants may file a reply memorandum of up to 25 pages. Defendants shall serve their reply, if any, on Plaintiffs by March 29, 2022, at which point Defendants shall file the fully briefed motions on ECF in accordance with Individual Practice Rule III.B.4. Ordered by Judge Diane Gujarati on 3/11/2022. (Almonte, Kelly)
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| Filing 112 MOTION for Leave to File Excess Pages , MOTION for Extension of Time to File by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
| Filing 111 Letter Cover letter informing parties of motion for leave to file amicus brief by New York State Attorney General (Hannaford, Rachel) |
| Filing 110 NOTICE of Appearance by Rachel Hannaford on behalf of New York State Attorney General (aty to be noticed) (Hannaford, Rachel) |
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ORDER granting #109 Motion for Leave to File Excess Pages -- Plaintiffs may file a reply/opposition memorandum of up to 45 pages. Ordered by Judge Diane Gujarati on 2/22/2022. (Almonte, Kelly)
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| Filing 109 MOTION for Leave to File Excess Pages by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
| Filing 108 Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
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ORDER granting #108 Consent Motion for Extension of Time to File -- Defendants' motion is granted on consent. Defendants shall now serve their opposition/cross-motion for summary judgment on Plaintiffs by December 22, 2021; Plaintiffs shall serve their reply/opposition on Defendants by February 25, 2022; and Defendants shall serve their reply, if any, on Plaintiffs by March 22, 2022, at which point Defendants shall file the fully briefed motions on ECF in accordance with Individual Practice Rule III.B.4. Ordered by Judge Diane Gujarati on 12/3/2021. (Almonte, Kelly)
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| Filing 107 NOTICE of Appearance by Jeremy Siegfried on behalf of Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC (aty to be noticed) (Siegfried, Jeremy) |
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ORDER granting #106 Motion for Leave to File Excess Pages and for Revised Motion Schedule -- Defendants may file a memorandum in opposition to Plaintiffs' motion for summary judgment and in support of Defendants' cross-motion for summary judgment of up to 50 pages without further showing. Should Defendants wish to file a longer memorandum, they must provide further justification to the Court. The briefing schedule is amended as follows: Defendants shall serve their opposition/cross-motion for summary judgment on Plaintiffs by December 8, 2021; Plaintiffs shall serve their reply/opposition on Defendants by January 12, 2022; and Defendants shall serve their reply, if any, on Plaintiffs by February 3, 2022, at which point Defendants shall file the fully briefed motions on ECF in accordance with Individual Practice Rule III.B.4. Ordered by Judge Diane Gujarati on 11/22/2021. (Almonte, Kelly)
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| Filing 106 MOTION for Leave to File Excess Pages and for Revised Motion Schedule by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
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ORDER granting #105 Motion for Leave to File Excess Pages -- Plaintiffs may file a memorandum in support of their motion for summary judgment of up to 50 pages without further showing. Should Plaintiffs wish to file a longer memorandum, they must provide further justification to the Court. Ordered by Judge Diane Gujarati on 10/22/2021. (Almonte, Kelly)
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| Filing 105 MOTION for Leave to File Excess Pages by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
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ORDER re #104 Proposed Scheduling Order -- Plaintiffs shall serve their motion for summary judgment on Defendants by October 27, 2021; Defendants shall serve their opposition/cross-motion for summary judgment on Plaintiffs by December 1, 2021; Plaintiffs shall serve their reply/opposition on Defendants by December 22, 2021; and Defendants shall serve their reply, if any, on Plaintiffs by January 12, 2022, at which point Defendants shall file the fully briefed motions on ECF in accordance with Individual Practice Rule III.B.4. Ordered by Judge Diane Gujarati on 9/22/2021. (Almonte, Kelly)
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| Filing 104 Proposed Scheduling Order setting forth briefing schedule for motion for summary judgment by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc. (Attachments: #1 Proposed Order re Scheduling) (Corman, Brian) |
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Filing 103
MEMORANDUM & ORDER: For the reasons set forth in the attached Memorandum and Order, Defendants' #92 motion to preclude Nancy McArdle's testimony is DENIED; Plaintiffs' #86 motion to preclude Michael Salve's testimony is GRANTED; and Plaintiffs' #89 motion to preclude John Rollins's testimony is DENIED. Further, Plaintiffs' #95 unopposed motion for leave to file under seal exhibits in support of their opposition to Defendants' motion to preclude the testimony of Nancy McArdle is GRANTED, the Court having found good cause for sealing because the exhibits contain personally identifying information of non-parties. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. So Ordered by Judge Diane Gujarati on 9/9/2021. (Almonte, Kelly)
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ORDER -- To the extent the parties seek to move for summary judgment, the parties are directed to confer and jointly submit a proposed briefing schedule for the parties' anticipated motion(s) for summary judgment by September 17, 2021. Ordered by Judge Diane Gujarati on 9/9/2021. (Almonte, Kelly)
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| Case Reassigned to Magistrate Judge James M. Wicks. Magistrate Judge Anne Y. Shields no longer assigned 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. (Corsini, Alexander) |
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ORDER -- The parties are directed to mail two courtesy copies of their respective motions papers to Chambers by April 26, 2021. See ECF Nos. 86-92, 94-100. Ordered by Judge Diane Gujarati on 4/20/2021. (Almonte, Kelly)
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| Filing 102 NOTICE of Appearance by Haley Adams on behalf of Long Island Housing Services, Inc. (notification declined or already on case) (Adams, Haley) |
| Filing 101 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14311974. by Long Island Housing Services, Inc.. (Attachments: #1 Affidavit Affidavit of Haley Adams in support of motion for admission Pro Hac Vice, #2 Admission Information Cert. of Good Standing) (Adams, Haley) |
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ORDER granting #101 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 3/25/2021. (Mucciaccio, Dina)
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| Filing 100 MEMORANDUM in Support re #92 MOTION in Limine / DEFENDANTS' MOTION TO PRECLUDE TESTIMONY OF PLAINTIFFS' EXPERT NANCY MCARDLE filed by All Defendants. (Jaroslaw, Ilene) |
| Filing 99 REPLY in Support re #89 MOTION in Limine of Plaintiffs' Motion to Exclude Expert Opinion and Testimony of John Rollins, #90 Memorandum in Support filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Declaration) (Corman, Brian) |
| Filing 98 REPLY in Support re #86 MOTION in Limine of Plaintiffs' Motion to Exclude Expert Opinion and Testimony of Dr. Michael Salve, #87 Memorandum in Support filed by All Plaintiffs. (Corman, Brian) |
| Filing 97 MEMORANDUM in Opposition re #89 MOTION in Limine of Plaintiffs' Motion to Exclude Expert Opinion and Testimony of John Rollins filed by All Defendants. (Attachments: #1 Declaration Declaration of Rachel J. Rodriguez in Support of Defendants' Opposition to Exclude Expert Opinion and Testimony of John Rollins, #2 Exhibit Rollins Excerpts, #3 Exhibit Liu Excerpts, #4 Exhibit Wilder Excerpts) (Jaroslaw, Ilene) |
| Filing 96 MEMORANDUM in Opposition re #86 MOTION in Limine of Plaintiffs' Motion to Exclude Expert Opinion and Testimony of Dr. Michael Salve filed by All Defendants. (Attachments: #1 Declaration Declaration of Rachel J. Rodriguez in Support of Defendants' Opposition to Exclude Expert Opinion and Testimony of Dr. Michael Salve, #2 Exhibit Liu Excerpts, #3 Exhibit Penna Excerpts, #4 Exhibit Wilder Excerpts, #5 Salve Excerpts) (Jaroslaw, Ilene) |
| Filing 95 MOTION for Leave to Electronically File Document under Seal by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Corman, Brian) |
| Filing 94 RESPONSE in Opposition re #92 MOTION in Limine / DEFENDANTS' MOTION TO PRECLUDE TESTIMONY OF PLAINTIFFS' EXPERT NANCY MCARDLE filed by All Plaintiffs. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Corman, Brian) |
| Filing 93 NOTICE of Appearance by Rachel J Rodriguez on behalf of All Defendants (aty to be noticed) (Rodriguez, Rachel) |
| Filing 92 MOTION in Limine / DEFENDANTS' MOTION TO PRECLUDE TESTIMONY OF PLAINTIFFS' EXPERT NANCY MCARDLE by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Attachments: #1 Memorandum in Support, #2 Declaration of Rachel J. Rodriguez, #3 Exhibit A - McArdle Expert Report, #4 Exhibit B - 2020.03.19 McArdle Transcript Excerpt, #5 Exhibit C - 2020.10.15 McArdle Transcript Excerpt, #6 Exhibit D - Racial Equity and Opportunity in Metro Boston Job Markets, #7 Exhibit E - Neighborhood Opportunity and Location Affordability for Low Income Renter Families, #8 Exhibit F - The Vicious Cycle - Segregated Housing, Schools, and Intergenerational Inequality, #9 Exhibit G - Trial Transcript Day 3 Comfort v. Lynn excerpt, #10 Exhibit H - McArdle MHANY Declaration) (Jaroslaw, Ilene) (Main document and attachments 1 to 10 replaced for statistical purposes on 2/16/2021) (Florio, Lisa). (Attachment 3 replaced for statistical purposes- original pdf flagged as corrupt on 9/29/2021) (Jakubowski, Laura). (Attachment 6 replaced for statistical purposes- original pdf flagged as corrupt on 10/4/2021) (Jakubowski, Laura). |
| Filing 91 AFFIDAVIT/DECLARATION in Support re #89 MOTION in Limine of Plaintiffs' Motion to Exclude Expert Opinion and Testimony of John Rollins filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit) (Corman, Brian) |
| Filing 90 MEMORANDUM in Support re #89 MOTION in Limine of Plaintiffs' Motion to Exclude Expert Opinion and Testimony of John Rollins filed by All Plaintiffs. (Corman, Brian) |
| Filing 89 MOTION in Limine of Plaintiffs' Motion to Exclude Expert Opinion and Testimony of John Rollins by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
| Filing 88 AFFIDAVIT/DECLARATION in Support re #86 MOTION in Limine of Plaintiffs' Motion to Exclude Expert Opinion and Testimony of Dr. Michael Salve filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Corman, Brian) |
| Filing 87 MEMORANDUM in Support re #86 MOTION in Limine of Plaintiffs' Motion to Exclude Expert Opinion and Testimony of Dr. Michael Salve filed by All Plaintiffs. (Corman, Brian) |
| Filing 86 MOTION in Limine of Plaintiffs' Motion to Exclude Expert Opinion and Testimony of Dr. Michael Salve by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
| Filing 85 Minute Entry for proceedings held before Judge Diane Gujarati: Pre-Motion Conference held on Monday, February 1, 2021 at 11:00 a.m. Brian Corman, Edward Casper, Thomas Silverstein, E.J.Torres, Megan Reif, and Ian Wilder appeared on behalf of Plaintiffs. Plaintiff Lori Gerardi and Marian Reid of Long Island Housing Services also present. Ilene Jaroslaw, Alisha McCarthy, and limited appearance counsel Rachel Rodriguez appeared on behalf of Defendants. Case called. The parties' anticipated Daubert, summary judgment, and class certification motions were discussed. The Court set a briefing schedule for Plaintiffs' and Defendants' anticipated Daubert motions. Plaintiffs and Defendants shall file their respective Daubert motions by February 15, 2021; the parties shall file any opposition by March 8, 2021; the parties replies, if any, shall be filed by March 22, 2021. The Court deferred setting briefing schedules for the parties anticipated summary judgment and class certification motions pending resolution of the Daubert motions. Should the parties wish to pursue mediation or a settlement conference, they should so notify the assigned Magistrate Judge. (FTR Log #18cv3583.2.1.21) (Almonte, Kelly) |
| Filing 84 Letter MOTION for Limited Admission by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
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ORDER granting #84 Motion for Limited Admission -- Defendants' motion is granted on consent. Attorney Rachel Rodriguez is permitted to address the Court on issues relating to Plaintiffs' anticipated Daubert motions at the February 1, 2021 conference. Ordered by Judge Diane Gujarati on 1/29/2021. (Almonte, Kelly)
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ORDER granting #75 Motion for Pre Motion Conference and granting #77 Motion for Pre Motion Conference-- The Court will hold a telephonic pre-motion conference on Monday, February 1, 2021 at 11:00 a.m. The parties should be prepared to discuss their intended motions and whether the parties are amenable to mediation of some or all claims. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 1/22/2021. (Almonte, Kelly)
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| Filing 83 RESPONSE in Opposition re #77 Letter MOTION for pre motion conference re Defendants' Anticipated Motion for Summary Judgment filed by All Plaintiffs. (Attachments: #1 Exhibit) (Corman, Brian) |
| Filing 82 RESPONSE to Motion re #75 Letter MOTION for pre motion conference re: response to Plaintiffs' Anticipated Daubert Motion to Exclude Expert Rollins filed by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
| Filing 81 RESPONSE to Motion re #75 Letter MOTION for pre motion conference re: response to Plaintiffs' Anticipated Daubert Motion to Exclude expert Salve filed by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
| Filing 80 RESPONSE in Opposition re #75 Letter MOTION for pre motion conference re: response to Plaintiffs' pre-motion for summary judgment letter filed by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
| Filing 79 RESPONSE to Motion re #75 Letter MOTION for pre motion conference re: Scheduling filed by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
| Filing 78 MOTION for Extension of Time to File Response/Reply as to #77 Letter MOTION for pre motion conference by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
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ORDER granting #78 Plaintiffs' Motion for Extension of Time to File Response/Reply re #77 Defendants' letter motion for pre-motion conference. Plaintiffs' response is now due by January 8, 2021. Ordered by Judge Diane Gujarati on 12/24/2020. (Moss, Raymond)
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| Filing 77 Letter MOTION for pre motion conference by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (McCarthy, Alisha) |
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ORDER granting #76 Motion for Extension of Time to File Response/Reply re #75 Letter MOTION for pre-motion conference -- Defendants shall file their response to Plaintiffs' #75 pre-motion conference letter by December 31, 2020. Ordered by Judge Diane Gujarati on 12/21/2020. (Almonte, Kelly)
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| Filing 76 MOTION for Extension of Time to File Response/Reply as to #75 Letter MOTION for pre motion conference by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
| Filing 75 Letter MOTION for pre motion conference by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Attachments: #1 Exhibit Pre-Motion Letter re Plaintiffs' Anticipated Motion for Summary Judgment, #2 Exhibit to Pre-Motion Letter (ex.1), #3 Exhibit Letter re Plaintiffs' Anticipated Daubert Motion to Exclude Salve, #4 Exhibit Letter re Plaintiffs' Anticipated Daubert Motion to Exclude Expert Rollins) (Corman, Brian) |
| Case Reassigned to Judge Diane Gujarati. Judge Joan M. Azrack no longer assigned 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. (Mahoney, Brenna) |
| Filing 74 Defendants' ANSWER to #73 Amended Complaint, Second Amended Class Action Complaint by All Defendants. (Jaroslaw, Ilene) |
| Filing 73 AMENDED COMPLAINT (Second Amended Complaint) against Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC, filed by Doreen Kernozek, Lori Gerardi, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
| Filing 72 Joint MOTION for Extension of Time to Complete Discovery by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Attachments: #1 Proposed Order) (Corman, Brian) |
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ELECTRONIC ORDER granting #72 Motion for Extension of Time to Complete Discovery. Upon counsels' joint request the parties' request for an extension of the discovery deadlines is granted. All fact disocvery shall be completed by November 24, 2020. Any party planning on making a dispositive motion shall commence such motion practice in accordance with the District Judge's individual rules by December 23, 2020. So Ordered by Magistrate Judge Anne Y. Shields on 9/29/2020. (Mucciaccio, Dina)
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| Filing 71 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 26, 2019, before Magistrate Judge Gary R. Brown. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2020. Redacted Transcript Deadline set for 9/4/2020. Release of Transcript Restriction set for 11/2/2020. (Rodin, Deanna) |
| Filing 70 Joint MOTION for Extension of Time to Complete Discovery by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Attachments: #1 Proposed Order) (Corman, Brian) |
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ELECTRONIC ORDER granting #70 Motion for Extension of Time to Complete Discovery. Upon counsels' joint request, and in light of the current health crisis, the parties' request for an extension of the discovery deadlines is granted. The parties' proposed discovery schedule found at docket entry No. [70-1] is hereby SO ORDERED as the Revised Discovery Schedule for this matter with the following addition: Any party planning on making a dispositive motion shall commence such motion practice in accordance with the District Judge's individual rules, by November 6, 2020. So Ordered by Magistrate Judge Anne Y. Shields on 7/14/2020. (Mucciaccio, Dina)
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| Filing 69 Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Status Conference held on 4/21/2020. (FTR Log #10:50-11:30.) (Torres, Jasmine) |
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ELECTRONIC ORDER granting #65 Motion for Protective Order. Defendants' motion for a protective order is GRANTED. The information sought is premature, especially in light of the District Judge's ruling that a motion for class certification will not be entertained in advance of any motion for summary judgment. So Ordered by Magistrate Judge Anne Y. Shields on 4/21/2020. (Mucciaccio, Dina)
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DISCOVERY SCHEDULING ORDER: The parties' proposed discovery schedule found at docket entry No. #64 is hereby SO ORDERED as the Discovery Schedule for this matter with the following addition: Any party planning on making a dispositive motion shall commence such motion practice in accordance with the District Judge's individual rules, by August 17, 2020. So Ordered by Magistrate Judge Anne Y. Shields on 4/21/2020. (Mucciaccio, Dina)
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Filing 68
ORDER OF RECUSAL: The Clerk of the Court will reassign this matter to another Magistrate Judge in the ordinary course of business. Ordered by Magistrate Judge Steven I. Locke on 4/15/2020. (Magistrate Judge Steven I. Locke recused. Case randomly reassigned to Magistrate Judge Anne Y. Shields for all further proceedings. Motions referred to Anne Y. Shields.) (Florio, Lisa)
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ELECTRONIC SCHEDULING ORDER: The status conference scheduled for 4/21/2020 shall go forward as scheduled at 10:45 AM through the AT&T teleconference center. However, counsel are now directed to dial the toll-free number 877-810-9415 and enter access code 9005911 at the prompt. So Ordered by Magistrate Judge Anne Y. Shields on 4/15/2020. (Mucciaccio, Dina)
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Electronic SCHEDULING ORDER: The status conference scheduled for 4/21/2020 will be conducted at 10:45 a.m. through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Any party seeking a copy of the record of the teleconference must file a letter motion requesting such relief within five days of the conference. Ordered by Magistrate Judge Steven I. Locke on 4/13/2020. (Goudreault, Jessica)
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| Filing 67 REPLY to Response to Motion re #65 MOTION for Protective Order filed by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
| Filing 66 RESPONSE to Motion re #65 MOTION for Protective Order and Cross-Motion per FRCP 37(a)(5) filed by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Attachments: #1 Memorandum in Opposition, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9) (Jaroslaw, Ilene) |
| Filing 65 MOTION for Protective Order by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G) (Jaroslaw, Ilene) |
| Filing 64 Proposed Scheduling Order by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC (McCarthy, Alisha) |
| Filing 63 NOTICE of Change of Firm, address, and email address Once the filing has been made, you must login to www.pacer.gov and update your account. (Reif, Megan) |
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ORDER denying #61 Motion for Pre Motion Conference. The Court will not entertain a motion for class certification in advance of any motions for summary judgment. Ordered by Judge Joan M. Azrack on 2/24/2020. (Gallagher, Erin)
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| Filing 62 RESPONSE to Motion re #61 MOTION for pre motion conference filed by All Defendants. (Jaroslaw, Ilene) |
| Filing 61 MOTION for pre motion conference by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
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Electronic SCHEDULING ORDER: A status conference before Magistrate Judge Steven I. Locke is set for 4/21/2020 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 1/22/2020. (Kantor, Jesse)
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| Case reassigned to Magistrate Judge Steven I. Locke. Magistrate Judge Gary R. Brown no longer assigned 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. (Russo, Eric) |
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ELECTRONIC ORDER granting #60 Motion for Extension of Time to Complete Discovery. The joint proposed order DE #60 -1 is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 11/13/2019. c/ecf (Yim, Kevin)
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| Filing 60 Joint MOTION for Extension of Time to Complete Discovery by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc.. (Attachments: #1 Proposed Order) (Corman, Brian) |
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ELECTRONIC ORDER granting #59 Motion for Extension of Time to Complete Discovery. The joint proposed scheduling order DE #59 is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 9/25/2019. c/ecf (Yim, Kevin)
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| Filing 59 Joint MOTION for Extension of Time to Complete Discovery (Revise Scheduling Order) by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
| Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 12, 2019, before Magistrate Judge Gary R. Brown. Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/25/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/3/2019. (Kanellopoulos, John) |
| Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Discovery Hearing held on 8/12/2019. Counsel for all sides present. Rulings on the record re #54 Letter MOTION to Compel filed by Lori Gerardi, Long Island Housing Services, Inc., Doreen Kernozek. (FTR Log #11:00-11:44.) (McMorrow, Karen) |
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SCHEDULING ORDER: Due to a change in the court's schedule the Status Conference set for 8/12/2019 is advanced to 10:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown.Ordered by Magistrate Judge Gary R. Brown on 8/6/2019. (McMorrow, Karen)
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ELECTRONIC ORDER granting #57 Motion for Extension of Time to Complete Discovery. Application granted. The parties' proposed Revised Scheduling Order is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 7/23/2019. c/ecf (Gilpin, Daniel)
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SCHEDULING ORDER: re #54 Letter MOTION to Compel filed by Lori Gerardi, Long Island Housing Services, Inc., Doreen Kernozek. The parties shall appear for a conference on 08/12/2019 at 2:00 pm regarding DE #54 and #55 . Ordered by Magistrate Judge Gary R. Brown on 7/23/2019. c/ecf (Gilpin, Daniel)
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| Filing 57 Consent MOTION for Extension of Time to Complete Discovery Revised Scheduling Order by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Attachments: #1 Proposed Order Revised Scheduling Order) (Corman, Brian) |
| Filing 56 NOTICE of Appearance by Thomas Samuel Silverstein on behalf of All Plaintiffs (aty to be noticed) (Silverstein, Thomas) |
| Filing 55 RESPONSE to Motion re #54 Letter MOTION to Compel filed by All Defendants. (Attachments: #1 Exhibit Letter, #2 Exhibit Letter) (Jaroslaw, Ilene) |
| Filing 54 Letter MOTION to Compel by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc.. (Attachments: #1 Exhibit Deficiency Letter, #2 Exhibit Def. Responses & Objections, #3 Exhibit NPS Responses, #4 Exhibit First RFPs to LIHS, #5 Exhibit Email re discovery) (Corman, Brian) |
| Filing 53 NOTICE of Appearance by Megan Reif on behalf of All Plaintiffs (aty to be noticed) (Reif, Megan) |
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ELECTRONIC ORDER granting #52 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Gary R. Brown on 6/24/2019. c/ecf (Gilpin, Daniel)
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| Filing 52 MOTION to Appear Pro Hac Vice by Megan Reif Filing fee $ 150, receipt number ANYEDC-11599058. by Long Island Housing Services, Inc.. (Attachments: #1 Affidavit Affidavit, #2 Certificate of Good Standing) (Reif, Megan) |
| Filing 51 ANSWER to #39 Amended Complaint by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Jaroslaw, Ilene) |
| Filing 50 NOTICE of Appearance by Edward G. Caspar on behalf of All Plaintiffs (aty to be noticed) (Caspar, Edward) |
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ELECTRONIC ORDER granting #49 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Gary R. Brown on 6/10/2019. c/ecf (Gilpin, Daniel)
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| Filing 49 MOTION to Appear Pro Hac Vice by Edward Caspar Filing fee $ 150, receipt number ANYEDC-11555882. by Long Island Housing Services, Inc.. (Attachments: #1 Affidavit, #2 Certificates of good standing) (Caspar, Edward) |
| Filing 48 Letter Withdrawing Amended Complaint by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc. (Corman, Brian) |
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ORDER re #46 & #47 Motions for Pre Motion Conference. Pursuant to the representations in Plaintiffs' letter #47 , Plaintiffs may withdraw the First Amended Complaint and, accordingly, Defendants' Motion for Pre Motion Conference #46 is denied without prejudice. There will be no pre motion conference. Ordered by Judge Joan M. Azrack on 5/31/2019. (Gallagher, Erin)
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| Filing 47 MOTION for pre motion conference by Lori Gerardi, Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
| Filing 46 MOTION for pre motion conference by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (Attachments: #1 Exhibit A - 5/28/19 Email from B. Corman) (Jaroslaw, Ilene) |
| Filing 45 AMENDED COMPLAINT (First) against All Defendants, filed by Doreen Kernozek, Lori Gerardi, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Corman, Brian) |
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ORDER re #44 Pre Motion Conference. A joint proposed discovery order shall be filed by June 17, 2019. Ordered by Magistrate Judge Gary R. Brown on 5/28/2019. (McMorrow, Karen)
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| Filing 44 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR PRE-MOTION CONFERENCE (Tel). Counsel For Plaintiff: Eun Jung Torres, Brian Corman. Counsel For Defendant: Ilene Jaroslaw, Alisha McCarthy. Pre Motion Conference held on 5/22/2019 at 3:15 PM. (Ortiz, Grisel) |
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SCHEDULING ORDER: Due to a change in this Court's calendar, the telephone pre-motion conference scheduled for 5/23/2019 is ADVANCED to 5/22/2019 at 3:15 PM. Ordered by Judge Joan M. Azrack on 5/16/2019. (Posillico, Lauren)
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ORDER granting #42 Motion for Pre Motion Conference. A telephone pre-motion conference is scheduled for 5/23/2019 at 2:00 PM with Judge Azrack. Counsel for the plaintiff shall initiate the call and contact Chambers at 631-712-5600 when all parties are on the line. Ordered by Judge Joan M. Azrack on 4/30/2019. (Posillico, Lauren)
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| Filing 43 REPLY in Opposition re #42 Letter MOTION for pre motion conference filed by All Plaintiffs. (Attachments: #1 Certificate of Service) (Corman, Brian) |
| Filing 42 Letter MOTION for pre motion conference by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc., South Shore Gardens, LLC. (McCarthy, Alisha) |
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Filing 41
ORDER Granting #40 Motion for Extension of Time to Answer: Brightwaters Gardens, Inc. answer due 4/19/2019; Lakeside Garden Apartments LLC answer due 4/19/2019; NPS Holiday Square LLC answer due 4/19/2019; NPS Property Corp. answer due 4/19/2019; Northwood Village, Inc. answer due 4/19/2019; South Shore Gardens, LLC answer due 4/19/2019. So Ordered by Judge Joan M. Azrack on 4/5/2019. (Ortiz, Grisel)
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| Filing 40 Letter MOTION for Extension of Time to File Answer re #39 Amended Complaint by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc.. (Attachments: #1 Stipulation and Order Extending Time to Respond to Amended Complaint) (McCarthy, Alisha) |
| Filing 39 AMENDED COMPLAINT against All Defendants, filed by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc., Lori Gerardi. (Sellers, Joseph) |
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ELECTRONIC ORDER granting #38 Motion for Discovery. Application granted. The parties' proposed Amended Scheduling Order is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 3/13/2019. c/ecf (Gilpin, Daniel)
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| Filing 38 Proposed Scheduling Order (Amended) by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc. (Corman, Brian) Modified on 3/13/2019 (McMorrow, Karen). |
| Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Settlement Conference held on 2/26/2019. Counsel for all sides present. Settlement not possible at this time. Counsel will confer on proposed join schedule for dispositive motions and submit within 2 weeks. Attorney Miriam Jerry Manber motion to be relieved as counsel granted. (McMorrow, Karen) |
| Filing 37 NOTICE of Appearance by Alisha L. McCarthy on behalf of All Defendants (aty to be noticed) (McCarthy, Alisha) |
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ELECTRONIC ORDER granting #36 Motion to Substitute Attorney. Application granted. Attorneys Russell G. Tisman; Raymond A. Castronovo; and David A. Loglisci terminated. Ordered by Magistrate Judge Gary R. Brown on 1/23/2019. c/ecf (Gilpin, Daniel)
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| Filing 36 Letter MOTION to Substitute Attorney on Consent of Defendants, Prior Counsel, and New Counsel by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc.. (Attachments: #1 Proposed Order Ilene Jaroslaw, #2 Proposed Order Miriam Manber) (Manber, Miriam) |
| Filing 35 NOTICE of Appearance by Miriam Jerry Manber on behalf of All Defendants (aty to be noticed) (Manber, Miriam) |
| Filing 34 NOTICE of Appearance by Ilene Jaroslaw on behalf of All Defendants (aty to be noticed) (Jaroslaw, Ilene) |
| Filing 33 NOTICE of Appearance by David A. Loglisci on behalf of All Defendants (aty to be noticed) (Loglisci, David) |
| Minute Order for proceedings held before Magistrate Judge Gary R. Brown:Initial Conference Hearing held on 12/13/2018. APPEARANCES: Brian Corman for plaintiffs; Russell G. Tisman and David Loglisci for defendants. The Court grants #30 Motion for Discovery, deadlines set. Settlement Conference set for 2/26/2019 at 02:00 PM in Courtroom 840 before Magistrate Judge Gary R. Brown. Discovery completed by 9/13/2019. The parties time to start summary judgment Motion practice due by 10/14/2019. A Joint Proposed Pretrial Order is due by 11/13/2019. (FTR Log #2:25-3:00.) (McMorrow, Karen) |
| Filing 32 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Brian Corman, Eun Torres, present. Counsel For Defendant: Russell Tisman, David Loglisci, present. Status Conference held on 12/13/2018 at 2:07 PM. Parties to appear before Magistrate Judge Brown as previously scheduled to begin discovery. (Ortiz, Grisel) |
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ELECTRONIC ORDER granting #31 Motion to Adjourn Conference. The status conference before the undersigned is moved to 2:30 pm on December 13, 2018, so that the conferences may be held consecutively. Ordered by Magistrate Judge Gary R. Brown on 12/6/2018. c/ecf (Gilpin, Daniel)
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| Filing 31 Letter MOTION to Adjourn Conference by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc.. (Castronovo, Raymond) |
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SCHEDULING ORDER: The Central Islip Courthouse will be closed on 12/5/2018 in Observance of the National Day of Mourning for President George Herbert Walker Bush. Accordingly the 12/5/2018 Initial Conference set for 12/13/2018 at 01:45 PM in Courtroom 840 before Magistrate Judge Gary R. Brown. Should this be an inconvenient date the parties may submit a letter with three agreeable dates to reschedule. Ordered by Magistrate Judge Gary R. Brown on 12/3/2018. (McMorrow, Karen)
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| Filing 30 Proposed Scheduling Order and Initial Case Management Order by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc. (Attachments: #1 Proposed Order) (Corman, Brian) Modified on 12/18/2018 (McMorrow, Karen). |
| Filing 29 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR PREMOTION CONFERENCE. Counsel For Plaintiff: Brian Corman, present. Counsel For Defendant: David Loglisci, present. Pre Motion Conference held on 10/25/2018 at 2:00 PM. Status Conference set for 12/13/2018 at 02:00 PM in Courtroom 920 of the Long Island Courthouse before Judge Joan M. Azrack. (FTR Log #FTR: 1:58- 2:08.) (Ortiz, Grisel) |
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ORDER granting #18 Motion for premotion conference. A premotion conference will be held on 10/25/2018 at 2:00 PM before Judge Azrack in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 10/10/2018. (Posillico, Lauren)
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ELECTRONIC ORDER granting #28 Motion to Adjourn Conference. The initial conference scheduled for November 1, 2018, is adjourned to December 5, 2018, at 2:30 pm. Ordered by Magistrate Judge Gary R. Brown on 09/28/2018. c/ecf (Gilpin, Daniel)
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| Filing 28 Consent MOTION to Adjourn Conference until December by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc.. (Tisman, Russell) |
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Filing 27
SCHEDULING ORDER: Initial Conference set for 11/1/2018 11:45 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. See order for instructions. Ordered by Magistrate Judge Gary R. Brown on 9/21/2018. (McMorrow, Karen)
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ORDER REFERRING CASE to Magistrate Judge - This case is respectfully referred to Magistrate Judge Brown for an Initial Conference and to oversee discovery.Ordered by Judge Joan M. Azrack on 9/13/2018. (Posillico, Lauren)
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ELECTRONIC ORDER granting #25 Motion to Withdraw; withdrawing #19 Motion for Extension of Time to Answer. The application is granted and the motion is withdrawn. Ordered by Magistrate Judge Gary R. Brown on 9/7/2018. c/ecf (Meehan, James)
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| Filing 26 Letter Response to Defendants Letter Motion by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc. (Corman, Brian) |
| Filing 25 Letter MOTION to Withdraw #19 Consent MOTION for Extension of Time to File Answer re #18 Letter Motion to Dismiss for Failure to State a Claim request for pre-motion conference regarding dismissal of certain claims, severance or separate trial and extension to answer, #1 by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc.. (Tisman, Russell) |
| Filing 24 ANSWER to #1 Complaint, by Lakeside Garden Apartments LLC. (Tisman, Russell) |
| Filing 23 ANSWER to #1 Complaint, by NPS Holiday Square LLC. (Tisman, Russell) |
| Filing 22 ANSWER to #1 Complaint, by NPS Property Corp.. (Tisman, Russell) |
| Filing 21 ANSWER to #1 Complaint, by Northwood Village, Inc.. (Tisman, Russell) |
| Filing 20 ANSWER to #1 Complaint, by Brightwaters Gardens, Inc.. (Tisman, Russell) |
| Filing 19 Consent MOTION for Extension of Time to File Answer re #18 Letter Motion to Dismiss for Failure to State a Claim request for pre-motion conference regarding dismissal of certain claims, severance or separate trial and extension to answer, #1 Complaint, in light of request for pre-motion conference preliminary to partial motion to dismiss and to sever claims by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, Northwood Village, Inc.. (Tisman, Russell) |
| Filing 18 Letter Motion to Dismiss for Failure to State a Claim request for pre-motion conference regarding dismissal of certain claims, severance or separate trial and extension to answer by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc.. (Tisman, Russell) |
| Filing 17 NOTICE of Appearance by Raymond A. Castronovo on behalf of Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc. (aty to be noticed) (Castronovo, Raymond) |
| Filing 16 Corporate Disclosure Statement by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc. (Tisman, Russell) |
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ELECTRONIC ORDER granting #15 Motion for Extension of Time to Answer. Application granted. The time for defendants to respond to the complaint is extended through September 5, 2018. Ordered by Magistrate Judge Gary R. Brown on 7/24/2018. c/ecf (Meehan, James)
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| Filing 15 First MOTION for Extension of Time to File Answer on consent - request to so order stipulaton by Brightwaters Gardens, Inc., Lakeside Garden Apartments LLC, NPS Holiday Square LLC, NPS Property Corp., Northwood Village, Inc.. (Tisman, Russell) |
| Filing 14 NOTICE of Appearance by Russell G. Tisman on behalf of All Defendants (aty to be noticed) (Tisman, Russell) |
| Filing 13 NOTICE of Appearance by Eun Jung Torres on behalf of Long Island Housing Services, Inc. (aty to be noticed) (Torres, Eun) |
| Filing 12 SUMMONS Returned Executed by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. NPS Property Corp. served on 7/3/2018, answer due 7/24/2018. (Corman, Brian) |
| Filing 11 SUMMONS Returned Executed by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. Brightwaters Gardens, Inc. served on 7/3/2018, answer due 7/24/2018. (Corman, Brian) |
| Filing 10 SUMMONS Returned Executed by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. Lakeside Garden Apartments LLC served on 7/3/2018, answer due 7/24/2018. (Corman, Brian) |
| Filing 9 SUMMONS Returned Executed by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. Northwood Village, Inc. served on 7/3/2018, answer due 7/24/2018. (Corman, Brian) |
| Filing 8 SUMMONS Returned Executed by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. NPS Holiday Square LLC served on 7/3/2018, answer due 7/24/2018. (Corman, Brian) |
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ELECTRONIC ORDER granting #5 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 7/3/2018. c/ecf (Meehan, James)
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| Filing 7 AFFIDAVIT/AFFIRMATION re Order on Motion for Leave to Appear Pro Hac Vice,,, #5 MOTION for Leave to Appear Pro Hac Vice of Joseph M. Sellers by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc. (Sellers, Joseph) |
| Filing 6 AFFIDAVIT/AFFIRMATION re Order on Motion for Leave to Appear Pro Hac Vice,,, #4 MOTION for Leave to Appear Pro Hac Vice of Brian Corman (revised) by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc. (Corman, Brian) |
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ELECTRONIC ORDER granting #4 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 7/2/2018. c/ecf (Meehan, James)
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ELECTRONIC ORDER deferring ruling on #4 Motion for Leave to Appear Pro Hac Vice ; deferring ruling on #5 Motion for Leave to Appear Pro Hac Vice. The undersigned hereby defers ruling on the petitions to appear pro hac vice until petitioners file a motion in conformity with Local Civil Rule 1.3(c)(1). Ordered by Magistrate Judge Gary R. Brown on 6/29/2018. c/ecf (Meehan, James)
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| 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. (Landow, Concetta) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Attachments: #1 Proposed Order, #2 Affidavit of Joseph M. Sellers, #3 Receipt of Payment) (Landow, Concetta) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Attachments: #1 Proposed Order, #2 Affidavit of Brian Corman, #3 Receipt of Payment) (Landow, Concetta) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: #1 Summons Northwood Village, #2 Summons Brightwaters Gardens, #3 Summons Lakeside Garden Apartments, #4 Summons NPS Property Corp) (Landow, Concetta) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Doreen Kernozek, Long Island Housing Services, Inc., Suffolk Independent Living Organization, Inc.. (Attachments: #1 Civil Cover Sheet) (Landow, Concetta) |
| FILING FEE: $ 400.00, receipt number 25514 (Landow, Concetta) |
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