Jeton Lita/Simon Bolivar Express Trust v. Calhoun et al
| Jeton Lita/Simon Bolivar Express Trust |
| Brad C. Calhoun, Teachers Federal Credit Union, Timothy M. Southerton, Juan C. Nunez, Michael J. Masse, Shalei Simms, George L. Dornhoefer, April S. Neitlich, Robert J. Ney, Mario P. Shortino, Raymond P. Grossman, F. Jane Harris, Franklin D. Spencer, Candice Piser and Juanita Ayerdis |
| 2:2024cv02714 |
| April 4, 2024 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven Tiscione |
| Other Statutory Actions |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 14 NOTICE of Appearance by Brian S. Gitnik on behalf of All Defendants (aty to be noticed) (Gitnik, Brian) |
| Filing 13 SUMMONS(ES) RETURNED EXECUTED by Jeton Lita/Simon Bolivar Express Trust. Juanita Ayerdis served on 5/20/2024, answer due 6/10/2024; Brad C. Calhoun served on 5/20/2024, answer due 6/10/2024; George L. Dornhoefer served on 5/20/2024, answer due 6/10/2024; Raymond P. Grossman served on 5/20/2024, answer due 6/10/2024; F. Jane Harris served on 5/20/2024, answer due 6/10/2024; Michael J. Masse served on 5/20/2024, answer due 6/10/2024; April S. Neitlich served on 5/20/2024, answer due 6/10/2024; Robert J. Ney served on 5/20/2024, answer due 6/10/2024; Juan C. Nunez served on 5/20/2024, answer due 6/10/2024; Candice Piser served on 5/20/2024, answer due 6/10/2024; Mario P. Shortino served on 5/20/2024, answer due 6/10/2024; Shalei Simms served on 5/20/2024, answer due 6/10/2024; Timothy M. Southerton served on 5/20/2024, answer due 6/10/2024; Franklin D. Spencer served on 5/20/2024, answer due 6/10/2024; Teachers Federal Credit Union served on 5/20/2024, answer due 6/10/2024. (LC) |
| Filing 12 NOTICE OF CHANGE OF ADDRESS to Jeton Lita, c/o 184 Maywood Drive, Mastic Beach, Suffolk County NY, 11951. (Docket Sheet presently reflects the address of Jeton Lita/Simon Bolivar Express Trust, 184 Maywood Drive, Mastic Beach, NY 11951 ). (LC) |
| Filing 11 NOTICE of Statement of Indenture filed by Jeton Lita. (LC) |
| Filing 10 NOTICE of original record from Pima County Recorder's Office re Trust. (LC) |
| Filing 9 SUMMONS(ES) ISSUED as to Juanita Ayerdis, Brad C. Calhoun, George L. Dornhoefer, Raymond P. Grossman, F. Jane Harris, Michael J. Masse, April S. Neitlich, Robert J. Ney, Juan C. Nunez, Candice Piser, Mario P. Shortino, Shalei Simms, Timothy M. Southerton, Franklin D. Spencer, Teachers Federal Credit Union. (LC) |
| Filing 8 AMENDED COMPLAINT against Juanita Ayerdis, Brad C. Calhoun, George L. Dornhoefer, Raymond P. Grossman, F. Jane Harris, Michael J. Masse, April S. Neitlich, Robert J. Ney, Juan C. Nunez, Candice Piser, Mario P. Shortino, Shalei Simms, Timothy M. Southerton, Franklin D. Spencer, Teachers Federal Credit Union, filed by Jeton Lita/Simon Bolivar Express Trust. (LC) |
| Filing 7 LETTER dated 5/7/2024 from Jeton Lita to Clerk re Requesting that document #1 -4 be not be viewable to the public as it contains plaintiffs date of birth and social security number. (As per chambers document #1 -4 has been restricted to court users and case participants). (LC) |
| Filing 6 Pro Se Consent to Electronic Notification by Jeton Lita/Simon Bolivar Express Trust. (LC) |
| Filing 5 FILING FEE: $ 405.00, receipt number 200003538. (LC) |
ELECTRONIC SCHEDULING ORDER: Plaintiff Lita Jeton purports to bring this case pro se as trustee for the Jeton Lita/Simon Bolivar Express Trust (the "Trust"). See DE #1 . The Court must "consider whether all parties before the court are properly represented even in cases where the parties themselves do not raise the issue." Guest v. Hansen, 603 F.3d 15, 20 (2d Cir. 2010). "A person who has not been admitted to the practice of law may not represent anybody other than himself." Id. Thus, "a non-attorney trustee may not represent a trust pro se." Gabayzadeh v. Taylor, 639 F. Supp. 2d 298, 302 (E.D.N.Y. 2009); see, e.g., Brookins v. Figuccio, No. 23-CV-4429, 2023 WL 6442940, at *1 (E.D.N.Y. Sept. 29, 2023); accord J.J. Rissell, Allentown, PA Tr. v. Marchelos, 976 F.3d 1233, 1236 (11th Cir. 2020). Accordingly, Plaintiff must either (1) retain counsel on behalf of the Trust, who must file a notice of appearance by 6/7/2024, or (2) file by 6/7/2024 an amended complaint that clarifies Plaintiff is Lita Jeton in her personal capacity. Any amended complaint must bear the case name (as amended), case number, and all claims and factual allegations asserted. To be clear, an amended complaint "supersedes the original[] and renders it of no legal effect." Dluhos v. Floating & Abandoned Vessel, 162 F.3d 63, 68 (2d Cir. 1998) (internal quotation marks omitted).In addition, Federal Rule of Civil Procedure 4(m) provides that "[i]f a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R Civ. P. 4(m). Pro se Plaintiff commenced this action on 4/4/2024 (DE #1 ), meaning the time for service will expire on 7/5/2024. See Fed. R. Civ. P. 6 (addressing computation of days). Plaintiff is warned that, unless the Court grants an extension of time for service, all Defendants unserved as of 7/5/2024 will be dismissed. Ordered by Judge Joan M. Azrack on 5/7/2024. (CB)
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| NOTICE OF CHANGE OF ADDRESS filed by Jeton Lita to 184 Maywood Drive, Mastic Beach, NY 11951, phone: 631-281-7500. Address obtained from #6 Pro Se Consent to Electronic Notification. (LC) |
| Filing 4 LETTER dated 4/29/2024 from The Central Islip Clerk's Office to Jeton Lita/Simon Bolivar. THIS LETTER ACKNOWLEDGES RECEIPT OF YOUR CIVIL ACTION. (LC) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AC) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (AC) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jeton Lita/Simon Bolivar Express Trust. (Attachments: #1 Complaint part 2, #2 Complaint Part 3, #3 Complaint Part 4, #4 Complaint Part 5, #5 Complaint Part 6, #6 Complaint Part 7, #7 Complaint Part 8, #8 Complaint Part 9, #9 Civil Cover Sheet) (AC) |
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