Lindow v. Metropolitan Realty Group, LLC et. al.
| Prince Lindow |
| Union Street Houses Owners, LLC and Metropolitan Realty Group, LLC |
| James A Brown |
| 2:2019cv02021 |
| April 8, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Gary R Brown |
| Robert M Levy |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Jacob Aronauer, new counsel for plaintiff; Josh Beldner, for defendants. Mr. Aronauer will take 3 weeks to obtain previously disclosed written discovery and get up to speed on the case. Discovery deadline extended to 1/31/22.. Next conference 2/2/22 at 10:00 (same dial-in number and access code)(close of discovery/settlement).Status Conference held on 9/27/2021 (Levy, Robert) |
| Filing 39 NOTICE of Appearance by Jacob Aronauer on behalf of Prince Lindow (aty to be noticed) (Aronauer, Jacob) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Amy Robinson, with Prince Lindow.Ex Parte Motion Hearing held on 7/19/2021 re Motion to Withdraw as Counsel filed by Prince Lindow. Following a hearing, I find that the attorney-client relationship cannot be repaired. Ms. Robinson and her firm are permitted to withdraw. Plaintiff has 60 days to find an attorney. Mr. Lindow will file a motion for ap;p;ointment of counsel shortly. Next conference 9/27/21 at 4:30 (same dial-in number and access code). Discovery will proceed thereafter. (FTR Log #10:15-10:30.) (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Amy Robinson, with plaintiff; Josh Beldner. Plaintiff reports that he has been unable to find an attorney. Plaintiff and Ms. Robinson had an offline discussion, then requested 2 weeks to determine whether the attorney-client relationship has been repaired. Next conference 7/19/21 at 10:00 (same dial-in number and access code). Final. No further extensions. The 7/19/21 conference is for plaintiff and plaintiffs counsel only and deals only with the attorney-client relationship. Defendants counsel will be updated by minute entry after the conference. Status Conference held on 7/1/2021 (FTR Log #10:05-10:32.) (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Amy Robinson, with plaintiff; Joshua Beldner. Plaintiff states that he has had difficulty finding new counsel because, as one attorney told him, plaintiffs current counsel has a lien on the case. Ms. Robinson confirmed on the record that her firm does not, and never did, have a lien on the file. Plaintiff is given until the next conference on 7/1/21 at 10:00 (same dial-in number and access code) to obtain counsel, at which time discovery will proceed. Status Conference held on 5/19/2021 (FTR Log #12:39-12:45 AT&T.) (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Amy Robinson, Josh Beldner. Plaintiff continues to search for new counsel. This conference is adjourned to 5/19/21 at 12:30. (Same dial-in number and access code).(status/scheduling). Plaintiff is given until 5/19/21 to obtain new counsel and must appear at the conference unless new counsel has filed a notice of appearance. Written discovery is complete. Settlement still not possible at this time. Plaintiffs counsel will advise plaintiff of the date and time of the next conference and provide him with a copy of this minute entry and the dial-in number and access code).Status Conference held on 4/6/2021 (Levy, Robert) |
SCHEDULING ORDER: Telephone Conference set for 4/6/2021 at 03:00 PM before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 3/29/2021. (Marino, Janine)
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ORDER granting #38 Motion for 60 Day Extension of Time to Complete Discovery. Fact discovery deadline 5/25/21. Ordered by Magistrate Judge Robert M. Levy on 3/29/2021. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present by telephone. Next conference 3/29/21 at 10:30 (same dial-in number and access code)Status Conference held on 12/22/2020 (Levy, Robert) |
| Filing 38 Consent MOTION for Extension of Time to Complete Discovery by Prince Lindow. (Attachments: #1 Proposed Order) (Robinson, Amy) |
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SCHEDULING ORDER: The telephone scheduled for 12/22/20 at 10:00 a.m., has been moved to 3:30 p.m., on the same date. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 12/21/2020. (Marino, Janine) Modified, to correct conf. date on 12/21/2020 (Marino, Janine).
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| Filing 37 AMENDED ANSWER to #30 Amended Complaint by Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC. (Beldner, Joshua) |
| Filing 36 Minute Order for proceedings held on 9/25/2020 before Judge Gary R. Brown: Civil Cause for Telephone Pre Motion Conference. Counsel for Plaintiff: Amy Robinson. Counsel for Defendant: Joshua Beldner. FTR #: 10:58-11:20, AT&T Conference. Motion for: Motion to Dismiss. Movant: Defendants. Case called. Counsel for all sides present. Pre motion conference held. Motion argued. The Court deems the motion made. Motion is denied (**No written decision**). (Tirado, Chelsea) |
| Oral MOTION to Dismiss by Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC. (Tirado, Chelsea) |
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SCHEDULING ORDER: Due to a conflict in the court's schedule the Pre Motion Hearing is adjourned to 9/25/2020 at 11:00 AM in Courtroom 840 before Judge Gary R. Brown. Counsel are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time. Ordered by Judge Gary R. Brown on 9/21/2020. (McMorrow, Karen)
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| Filing 35 Letter in Opposition to Defendant's Letter-Motion (Dkt. No. 31) by Prince Lindow (Robinson, Amy) |
| Filing 34 ANSWER to #30 Amended Complaint by Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC. (Weinberger, Stuart) |
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ORDER granting in part and denying in part #32 Motion for Extension of Time to Answer. Defendants' request to suspend Defendants' time to answer the Amended Complaint is denied, to the extent that it seeks for the court to provide an advisory opinion as to the nature of defendants' obligation to submit an answer. However, defendants' request to extend the time for submitting their answer is hereby GRANTED on consent. Defendants are directed to submit their answer on or before September 8, 2020. Ordered by Judge Gary R. Brown on 9/4/2020. (Meil, Stephen)
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| Filing 33 RESPONSE to Motion re #32 MOTION for Extension of Time to File Answer filed by Prince Lindow. (Robinson, Amy) |
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ORDER re #32 MOTION for Extension of Time to File Answer filed by Union Street Houses Owners, LLC, Metropolitan Realty Group, LLC. Plaintiff is directed to respond to defendants' letter motion by 9/4/20. Failure to do so will result in defendants' motion for extension of time being granted. Ordered by Judge Gary R. Brown on 9/1/2020. (Meil, Stephen)
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| Filing 32 MOTION for Extension of Time to File Answer by Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC. (Weinberger, Stuart) |
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ORDER granting in part and denying in part #31 Motion for Pre Motion Conference.A pre-motion telephone conference is scheduled for September 22, 2020 at 2:00 p.m. before Judge Gary R. Brown at which time the parties should be prepared to address the anticipated motion of defendants Metropolitan Realty Group, LLC and Union Street Houses Owners, LLC pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 31. Counsel are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time. Defendants' request for the court to provide an advisory opinion as to the nature of their obligation to submit an answer to the complaint is denied.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with counsels' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 31 in accordance with the undersigned's individual rules by September 14, 2020. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. Ordered by Judge Gary R. Brown on 8/28/2020. (Meil, Stephen)
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| Filing 31 Letter MOTION for pre motion conference re #30 Amended Complaint by Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC. (Beldner, Joshua) |
| Filing 30 AMENDED COMPLAINT against Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC, filed by Prince Lindow. (Robinson, Amy) |
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SCHEDULING ORDER The proposed Joint Scheduling Order is approved. The next conference is scheduled for 12/22/20 at 10:00 (tel)(status).Ordered by Magistrate Judge Robert M. Levy on 8/11/2020. (Levy, Robert)
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| Filing 29 Proposed Scheduling Order by Prince Lindow (Robinson, Amy) |
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SCHEDULING ORDER As this case has not settled, the parties are directed to submit, by 8/10/20, a schedule for the completion of discovery. Ordered by Magistrate Judge Robert M. Levy on 8/4/2020. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Despite good faith efforts by both sides, this case has not settled. Counsel are invited to contact the court in the future if they would like to resume settlement discussions. 8/2/2020 (Levy, Robert) |
| Filing 28 Letter MOTION for Extension of Time to File response to settlement recommendation by Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC. (Weinberger, Stuart) |
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ORDER granting #28 MOTION for Extension of Time until 7/31/20 to respond to settlement recommendation. Ordered by Magistrate Judge Robert M. Levy on 7/24/2020. (Marino, Janine)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present with clients on video platform. Lengthy settlement negotiations. Counsel shall respond confidentially to the courts settlement recommendation on or before 7/27/20.Settlement Conference held on 7/22/2020 (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present by video. A second video platform is tested and selected for tomorrows settlement conference. Settlement explored. Confidential statements emailed to chambers.Settlement Conference held on 7/21/2020 (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present by video.Pre-Settlement Conference held on 7/21/2020 (Levy, Robert) |
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SCHEDULING ORDER: The settlement conference previously scheduled for Wednesday, July 22, 2020 at 10:00 a.m. before the Hon. Robert M. Levy, USMJ will be held via video conference. The court invites counsel only to a test video conference on Tuesday, July 21, 2020 at 11:30 a.m. A video conference link will be emailed to counsel. Ordered by Magistrate Judge Robert M. Levy on 7/20/2020. (Marino, Janine)
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CORRECTED ORDER The conference scheduled for 5/21/20 is rescheduled for 7/22/20 at 10:00 NOT 7/21/20.Ordered by Magistrate Judge Robert M. Levy on 5/11/2020. (Levy, Robert)
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ORDER Counsel previously requested that the settlement conference scheduled for 4/6/20 be adjourned because it would not be useful unless held in person or through effective video technology. As a result, I rescheduled the conference for 5/21/20 in the hope that either the pandemic restrictions would have been eased or an effective video conference platform would be available to the court at that time. Unfortunately, neither is the case, as the courthouse is still closed and adequate safeguards are still being explored and put in place for an effective and secure video conference platform for judicial proceedings. Accordingly, the settlement conference is adjourned to 7/21/20 at 10:00 in either Courtroom 11B or by video conference.
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| Filing 27 Letter regarding status update by Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC (Weinberger, Stuart) |
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ORDER granting #26 Motion to Request Mediation Ordered by Magistrate Judge Robert M. Levy on 2/10/2020. (Levy, Robert)
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ORDER LLC re: Status Report. The in person settlement conference that was scheduled for 4/6/20 can no longer be held in person, because of the current public health emergency. Counsel have written advising the court that they believe the conference would not be effective if not held in person. Accordingly, the conference is adjourned to 5/21/20 at 2:30 in courtroom 11B. If an in person conference is not feasible at that time, every effort will be made to hold it by video conferenceOrdered by Magistrate Judge Robert M. Levy on 4/3/2020. (Levy, Robert)
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ORDER: The in-person conference scheduled for April 6, 2020 at 2:00 pm will be held by telephone at (888) 684-8852; Access Code# 6223489. Counsel is directed to file a status report by Friday, April 3, 2020 stating whether they wish for this conference to proceed as a settlement telephone conference or status telephone conference. Ordered by Magistrate Judge Robert M. Levy on 3/30/2020. (Marino, Janine)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Amy robinson, Stuart Weinberger. A settlement conference with clients with settlement authority is scheduled for 4/6/20 at 2:00 pm in courtroom 11B. Pre-settlement conference statements are due by 4/1/20. The discovery deadline is extended to a date to be set after the settlement conference, if the case does not settle. Settlement Conference held on 3/2/2020 (Levy, Robert) |
| Filing 26 Joint Motion to Request Mediation and Pre-Settlement Conference Phone Call by Prince Lindow. (Robinson, Amy) |
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SCHEDULING ORDER: A pre-settlement telephone conference has been scheduled for 3/2/2020 at 03:30 PM before Magistrate Judge Robert M. Levy at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 2/10/2020. (Marino, Janine)
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| Case reassigned to Judge Gary R. Brown. Judge Margo K. Brodie 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. (Florio, Lisa) |
| REPORT of Mediation Unsettled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Mediation Report due by 1/31/2020. (Priftakis, Tina) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| SELECTION OF MEDIATOR: James A. Brown selected as Mediator. The first mediation session will take place on December 2, 2019 at 10:00 AM in the NYED Brooklyn Courthouse in Rooms 102 AN and 110 N. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 12/16/2019. (Priftakis, Tina) Modified on 11/8/2019 (Rey, Julissa). |
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Filing 25
SCHEDULING ORDER: Approved. Automatic Disclosure due 9/12/19; Amended Pleadings due by 10/24/2019. Factual Discovery due by 3/12/2020. Plaintiff Date for Expert Report 4/9/20; Defendant Date for Expert Report 4/23/20; Joinder of Parties due by 10/24/2019. Dispositive Motions due by 6/4/2020. Expert Discovery due 5/7/20.Ordered by Magistrate Judge Robert M. Levy on 9/12/2019. (Piper, Francine)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Amy Robinson, Jason Beldner. Case management order entered. Fact discovery deadline 3/12/20. Case referred to EDNY FLSA Mediation Panel. Counsel to exchange time sheets and other relevant records voluntarily.Initial Conference Hearing held on 9/12/2019 (Levy, Robert) |
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ORDER granting #24 Motion to Adjourn Conference. Initial Conference adjourned to 9/12/2019 at 03:30 PM before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 7/30/2019. (Marino, Janine)
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| Filing 24 Letter MOTION to Adjourn Conference by Prince Lindow. (Solotaroff, Jason) |
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ORDER granting #23 Motion to Adjourn 7/12/19 Initial Conference to 8/1/19 at 4:30 in Courtroom 11B. Ordered by Magistrate Judge Robert M. Levy on 7/8/2019. (Levy, Robert)
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| Filing 23 Letter MOTION to Adjourn Conference by Prince Lindow. (Robinson, Amy) |
| Filing 22 ANSWER to #19 Amended Complaint by Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC. (Weinberger, Stuart) |
| Filing 21 Corporate Disclosure Statement by Union Street Houses Owners, LLC (Weinberger, Stuart) |
| Filing 20 Corporate Disclosure Statement by Metropolitan Realty Group, LLC (Weinberger, Stuart) |
| Filing 19 AMENDED COMPLAINT against Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC, filed by Prince Lindow. (Robinson, Amy) |
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ORDER granting #18 Motion for Extension of Time to Answer as to All Defendants. Ordered by Magistrate Judge Robert M. Levy on 6/7/2019. (Marino, Janine)
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| Filing 18 Letter MOTION for Extension of Time to File Answer by Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC. (Weinberger, Stuart) |
| Filing 17 NOTICE of Appearance by Joshua S. Beldner on behalf of Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC (aty to be noticed) (Beldner, Joshua) |
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Filing 16
SCHEDULING ORDER: Initial Conference set for 7/12/2019 at 02:00 PM in Courtroom 11B South before Magistrate Judge Robert M. Levy.Ordered by Magistrate Judge Robert M. Levy on 5/14/2019. (Attachments: #1 IC Questionnaire, #2 Individual Rules) (Marino, Janine)
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| Filing 15 MOTION for Extension of Time to File Answer by Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC. (Weinberger, Stuart) |
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ORDER granting #15 Motion for Extension of Time to Answer as to All Defendants. Ordered by Magistrate Judge Robert M. Levy on 5/14/2019. (Marino, Janine)
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| Filing 14 NOTICE of Appearance by Stuart Alan Weinberger on behalf of All Defendants (aty to be noticed) (Weinberger, Stuart) |
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ORDER granting #10 Motion for Refund of Fees Paid Electronically Ordered by Magistrate Judge Robert M. Levy on 5/8/2019. (Levy, Robert)
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| Filing 13 SUMMONS Returned Executed by Prince Lindow. Union Street Houses Owners, LLC served on 4/25/2019, answer due 5/16/2019. (Robinson, Amy) |
| Filing 12 SUMMONS Returned Executed by Prince Lindow. Metropolitan Realty Group, LLC served on 4/25/2019, answer due 5/16/2019. (Robinson, Amy) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Margo K. Brodie and Magistrate Judge Robert M. Levy for all further proceedings. Judge Sandra J. Feuerstein, Magistrate Judge Anne Y. Shields 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 4/17/2019. (Bowens, Priscilla)
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Filing 11
ORDER granting #9 Motion to Change Venue. The Clerk of the Court shall randomly reassign this case to a District Court Judge and Magistrate Judge located in Brooklyn. Ordered by Judge Sandra J. Feuerstein on 4/11/2019. (Florio, Lisa)
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| Filing 10 MOTION for Refund of Fees Paid Electronically by Prince Lindow. (Solotaroff, Jason) |
| Filing 9 MOTION to Change Venue by Prince Lindow. (Solotaroff, Jason) |
| Filing 8 Summons Issued as to Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC. (Attachments: #1 Summons-Union Street Houses Owners, LLC) (Flanagan, Doreen) |
| Filing 7 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. (Flanagan, Doreen) |
| Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Anne Y. Shields. 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. (Flanagan, Doreen) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Bowens, Priscilla) Modified on 4/10/2019 (Flanagan, Doreen). (Additional attachment(s) added on 4/10/2019: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). |
| Filing 5 NOTICE of Appearance by Amy Robinson on behalf of Prince Lindow (aty to be noticed) (Robinson, Amy) |
| Filing 4 Proposed Summons. Re #1 Complaint, by Prince Lindow (Solotaroff, Jason) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Prince Lindow (Solotaroff, Jason) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Prince Lindow (Solotaroff, Jason) |
| Filing 1 COMPLAINT against Metropolitan Realty Group, LLC, Union Street Houses Owners, LLC filing fee $ 400, receipt number NYEDC-11363923 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Prince Lindow. (Attachments: #1 Exhibit) (Solotaroff, Jason) |
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