German et al v. Fairfield Properties Group LLC et al
| Arthur M. German and Ronnie S. German |
| David Nobile, David Ford, Fairfield Properties Group LLC, Fairfield Cedarhurst LLC and Leonardo Moreno |
| 2:2024cv07168 |
| October 11, 2024 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Lee G Dunst |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 Fair Housing Act |
| Plaintiff |
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| Filing 18 First MOTION to Dismiss for Failure to State a Claim by Leonardo Moreno, Fairfield Properties Group LLC, Fairfield Cedarhurst LLC, David Ford, David Nobile. (Attachments: #1 Brief in Support, #2 Declaration M. Broxmeyer, #3 Declaration M. Hemway, #4 Exhibit A - Deed, #5 Exhibit B - Lease, #6 Exhibit C - State Court Proceeding, #7 Exhibit D - Plaintiff Transcript, #8 Exhibit E - Higgins v. BOM, #9 Exhibit F - Landlord Corporate Status) (Hemway, Michael) |
ORDER: The Court has reviewed Defendants' correspondence concerning Defendants' anticipated motion to dismiss the Complaint (ECF No. #17 ). Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, the Court finds that a pre-motion conference is not necessary at this time and waives the pre-motion conference requirement. The parties shall comply with the following briefing schedule: Defendants shall serve any motion to dismiss the Complaint by November 27, 2024. Plaintiffs shall file any amended complaint no later than December 18, 2024. It is unlikely that Plaintiffs will have a further opportunity to amend. Defendants shall file any letter requesting a pre-motion conference concerning an anticipated motion to dismiss the amended complaint by January 2, 2025.If Plaintiffs do not file an amended complaint, Plaintiffs shall serve on Defendants any opposition to the motion to dismiss by December 18, 2024. Defendants shall serve any reply to the motion to dismiss by January 2, 2025. The parties are directed to consult and comply with the Court's Individual Rules, including the Court's recommended bundling practice. See Individual Rule 5.2. Consequently, all briefing shall be filed with the Court no later than January 2, 2025. Ordered by Judge Nusrat J. Choudhury on 11/6/2024. (DJL)
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| Case Reassigned to Judge Nusrat Jahan Choudhury and Magistrate Judge Lee G. Dunst. 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) |
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (CT) |
| Filing 17 First MOTION for pre motion conference for all defendants by Leonardo Moreno, Fairfield Properties Group LLC, Fairfield Cedarhurst LLC, David Ford, David Nobile. (Hemway, Michael) |
| Filing 16 NOTICE of Appearance by Michael Joseph Hemway on behalf of Leonardo Moreno, Fairfield Properties Group LLC, Fairfield Cedarhurst LLC, David Ford, David Nobile (aty to be noticed) (Hemway, Michael) |
| Filing 15 Summons Issued as to David Nobile. (IL) |
| Filing 14 Summons Issued as to Fairfield Properties Group LLC. (IL) |
| Filing 13 Proposed Summons. Re #1 Complaint, by Arthur M. German, Ronnie S. German (German, Steven) |
| Filing 12 Proposed Summons. Re #1 Complaint, by Arthur M. German, Ronnie S. German (German, Steven) |
| Filing 11 Summons Issued as to Fairfield Cedarhurst LLC, David Ford, Leonardo Moreno. (LJ) |
| Filing 10 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (LJ) |
| Filing 9 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Magistrate Judge Lee G. Dunst. 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) |
| Your proposed summons for defendants Fairfield Properties Group LLC and David Nobile were not issued for the following reason: No addresses were provided. The summons for Fairfield Properties Group LLC had no address and a summons for David Ford was submitted twice. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Filing 8 Civil Cover Sheet.. by Arthur M. German, Ronnie S. German (German, Steven) |
| Filing 7 Proposed Summons. Re #1 Complaint, by Arthur M. German, Ronnie S. German (German, Steven) |
| Filing 6 Proposed Summons. Re #1 Complaint, by Arthur M. German, Ronnie S. German (German, Steven) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Arthur M. German, Ronnie S. German (German, Steven) |
| Filing 4 Proposed Summons. Re #1 Complaint, by Arthur M. German, Ronnie S. German (German, Steven) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Arthur M. German, Ronnie S. German (German, Steven) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Arthur M. German, Ronnie S. German (German, Steven) |
| Filing 1 COMPLAINT against Fairfield Properties Group LLC, Fairfield Cedarhurst LLC, David Ford, David Nobile, Leonardo Moreno filing fee $ 405, receipt number BNYEDC-18379884 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Arthur M. German, Ronnie S. German. (German, Steven) Modified on 10/15/2024 (LJ). |
| ***Notice: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically on page 2 the NY-E Division of Business Rule 1(d) section of the document - Questions 1 and 2 were not answered. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
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