Frank v. Golden et. al.
| Sean Frank |
| Shaun P. Golden and Rebecca C. Golden |
| 2:2021cv06452 |
| November 19, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE: RE DE 12. The Notice of Voluntary Dismissal is hereby So Ordered. The Clerk of the Court is respectfully directed to close the case.Ordered by Judge Gary R. Brown on 12/7/2021.c/ecf (Johnston, Linda)
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| Filing 12 NOTICE of Voluntary Dismissal by Sean Frank (Chapman, Jeffrey) |
| Filing 11 This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7. The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7. An Arbitration Hearing will be scheduled after an Answer is filed. (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
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ORDER finding as moot #8 Motion to Compel. In light of this Court's Order dated 11/29/2021, the motion is deemed moot. Ordered by Judge Gary R. Brown on 12/1/2021. c/ecf (Johnston, Linda)
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| Incomplete ACO Case Termination/Statistical/Non Reportable Closing. (Tirado, Chelsea) |
| Filing 10 NOTICE of Lis Pendens by Sean Frank (Attachments: #1 Exhibit A Property Information, #2 Exhibit B Motion) (Chapman, Jeffrey) |
| Filing 9 MEMORANDUM in Support re #8 Emergency MOTION to Compel re: Order of Attachment filed by Sean Frank. (Attachments: #1 Exhibit (A) Affidavit of Sean Frank, #2 Exhibit (B) For Sale Listing, #3 (Proposed) Order) (Chapman, Jeffrey) |
| Filing 8 Emergency MOTION to Compel re: Order of Attachment by Sean Frank. (Chapman, Jeffrey) |
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ORDER REFERRING CASE to Arbitration. In light of the representations made by counsel, this case is hereby referred to arbitration pursuant to the Eastern District of New Yorks Local Civil Rule 83.7(d). The Clerk is directed to administratively close the case. Bernardino v. Barnes & Noble Booksellers, Inc., 763 Fed. App'x 101, 103 (2d Cir. 2019) (docket entry closing case pending arbitration is made for administrative convenience and has no jurisdictional significance). Ordered by Judge Gary R. Brown on 11/29/2021. c/ecf (Cowan, Timothy)
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Sean Frank (Chapman, Jeffrey) |
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ORDER. The plaintiff in this case has failed to set forth damages with sufficient specificity as to allow the court to assess the accuracy of its representation that monetary damages in excess of $150,000 are sought. The complaint alleges the retention of a $77,500.00 security deposit and failure to provide amenities in violation of the contract. Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE in writing what grounds they have, if any, that damages are reasonably expected to exceed $150,000 or advise this court whether, pursuant to Eastern District of New Yorks Local Civil Rule 83.7(d), this case should be referred to arbitration. Ordered by Judge Gary R. Brown on 11/23/2021. c/ecf (Cowan, Timothy)
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| Filing 6 Summons Issued as to Rebecca C. Golden, Shaun P. Golden. (Flanagan, Doreen) |
| Filing 5 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) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Davis, Kimberly) Modified on 11/19/2021 (Flanagan, Doreen). (Additional attachment(s) added on 11/19/2021: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). |
| Filing 3 Proposed Summons. by Sean Frank (Chapman, Jeffrey) |
| Filing 2 Civil Cover Sheet.. by Sean Frank (Chapman, Jeffrey) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15047437, filed by Sean Frank. Was the Disclosure Statement on the Civil Cover Sheet completed - No. (Attachments: #1 Exhibit A - Lease, #2 Exhibit B - Rider, #3 Exhibit C - Listings) (Chapman, Jeffrey) Modified on 11/19/2021 (Flanagan, Doreen). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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) |
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