Zuckerman v. Park Avenue Rarities, Inc. et al
| Andrew Edward Zuckerman |
| Park Avenue Rarities, Inc, Dean Spitaleri, Michael Diamond, Frank Deluca and Park Avenue Rarities, Inc. |
| 2:2023cv01647 |
| March 3, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
SCHEDULING ORDER re Order Referring Case to Magistrate Judge. The District Court has referred this case to the undersigned to conduct a settlement conference. Per the parties suggestion, this Court is scheduling an in-person settlement conference for 2:00 p.m. on July 17, 2023; July 10th is unavailable due to trial. Counsel for all parties shall appear for the conference in Courtroom 910 of the Central Islip Courthouse. Ex parte settlement positions are to be filed by July 14th through the Court's ECF system. A motion to file ex parte is not required. Counsel shall further refer to the Settlement Section of this Court's Individual Rules to further prepare for the conference. So Ordered by Magistrate Judge Steven Tiscione on 5/1/2023. So Ordered by Magistrate Judge Steven Tiscione on 5/1/2023. (LV)
|
|
Filing 14
SCHEDULING ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #13 , as the Court's scheduling order required by Rule 16(b). Ordered by Judge Hector Gonzalez on 5/1/2023. (BH)
|
|
ORDER: In response to the parties' proposed case management plan requesting a settlement conference, see ECF No. #13 , the Court respectfully refers this case, for settlement purposes only, to Magistrate Judge Tiscione to conduct a settlement conference on a date agreed upon with Judge Tiscione.The parties must diligently pursue their discovery obligations concurrently with their settlement efforts, in accordance with the deadlines in the Court's scheduling order, see ECF No. #14 . The Court will not extend the current deadlines for fact or expert discovery unless the parties demonstrate good cause, and the fact that the parties have been pursuing settlement negotiations will not by itself constitute good cause. Ordered by Judge Hector Gonzalez on 5/1/2023. (BH)
|
| Filing 13 Letter Joint Letter by Parties by Andrew Edward Zuckerman, CASE MANAGEMENT STATEMENT filed by Andrew Edward Zuckerman (Attachments: #1 Case Management Plan) (Walsh, Kenneth) |
| Filing 12 ANSWER to #1 Complaint, by All Defendants. (Soffey, Joseph) |
| Filing 11 DECLARATION of service on defendants' counsel by Andrew Edward Zuckerman (Walsh, Kenneth) |
|
Filing 10
ORDER: As further described in the accompanying order, the Court denies without prejudice Plaintiff's request that the Court "schedule a Rule 26(f) conference at the Court's earliest convenience." See ECF No. #9 . Plaintiff and Defendants Park Avenue Rarities, Inc. and Dean Spitaleri shall file on or before April 28, 2023, the joint letter and proposed case management plan required by the Court's prior scheduling order, see ECF No. #8 , and shall comply with the additional obligations described in the accompanying order. The Court will decide whether to schedule a conference after reviewing the parties' joint letter and case management plan.Plaintiff's counsel shall send a copy of this order to counsel for Defendants Park Avenue Rarities, Inc. and Spitaleri and shall file a declaration confirming that he has done so no later than April 26, 2023. Ordered by Judge Hector Gonzalez on 4/24/2023. (BH)
|
| Filing 9 Letter by Andrew Edward Zuckerman (Walsh, Kenneth) |
|
Filing 8
SCHEDULING ORDER: Counsel for all parties who have appeared as of April 28, 2023, are directed to file on the docket by that date a joint letter describing the case and a completed civil case management plan, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 3/24/2023. (BH)
|
| Filing 7 Letter by Andrew Edward Zuckerman (Walsh, Kenneth) |
|
ORDER: The Court has received Plaintiff's letter, see ECF No. #7 , describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendants, which indicates that although certain Defendants have been served, Defendants Michael Diamond and Frank DeLuca have not. Plaintiff shall file another letter no longer than three pages on or before April 24, 2023, describing Plaintiff's efforts to serve those Defendants. Alternatively, if Plaintiff completes service on Defendants Diamond or DeLuca before that date, then Plaintiff shall promptly file proof of service.If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service on Defendants Diamond or DeLuca under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 3/24/2023. (BH)
|
| Filing 6 SUMMONS Returned Executed by Andrew Edward Zuckerman. Park Avenue Rarities, Inc. served on 3/10/2023, answer due 3/31/2023. (Walsh, Kenneth) |
| Filing 5 SUMMONS Returned Executed by Andrew Edward Zuckerman. Dean Spitaleri served on 3/10/2023, answer due 3/31/2023. (Attachments: #1 Park Avenue Rarities) (Walsh, Kenneth) |
| Filing 4 Summons Issued as to All Defendants. (LJ) |
| 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Hector Gonzalez. 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. (LJ) |
|
ORDER: Plaintiff shall file a letter no longer than three pages on or before March 24, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 3/6/2023. (BH)
|
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number BNYEDC-16461606 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Andrew Edward Zuckerman. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Park Avenue Rarities, Inc., #3 Proposed Summons Dean Spitaleri, #4 Proposed Summons Michael Diamond, #5 Proposed Summons Frank Deluca) (Walsh, Kenneth) Modified on 3/6/2023 (LJ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
