Azkour v. Haouzi et al
| Hicham Azkour |
| Jean-Yves Haouzi, Franck Macourt, Jessica Comperiati and Little Rest Twelve, Inc. |
| 1:2011cv05780 |
| August 8, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Kevin Nathaniel Fox |
| Richard J. Sullivan |
| Other Civil Rights |
| 42 U.S.C. ยง 1981 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
312
OPINION AND ORDER. IT IS HEREBY ORDERED THAT Plaintiff, and anyone acting on his behalf, is permanently ENJOINED from: Filing any new action against Defendants or their associates arising from Plaintiff's employment (or attempts at re-employment ) at Ajna Bar; and Filing any action against Defendants or defense counsel arising from their conduct in defending this action or the related case, Azkour v. Little Rest Twelve, No. 10-cv-4132 (RJS). The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/21/2018) (rjm)
|
|
Filing
302
OPINION AND ORDER re: 293 FIRST MOTION for Permanent Injunction Barring Plaintiff from Filing New Actions Against Defendants. filed by Frank Maucourt, Franck Macourt, Little Rest Twelve, Inc. For the reasons stated above, this case must be dismissed with prejudice. The Court has attempted to shepherd this case to a final disposition on the merits of Plaintiff's claim, at times declining to impose sanctions when they were obviously called for. But every act of indulgenc e toward Plaintiff is also an imposition on Defendants, their counsel, the Court, and the public, each of whom has a compelling interest in the orderly and respectful resolution of this action. There is a limit to what any court should be forced t o endure in the process of adjudicating a litigant's claim and, more importantly, to the tactics our system of justice must countenance. Plaintiff may not use the legal system to harass and disparage Defendants, their counsel, or the Court, an d the Court is convinced that proceeding with a trial in this action would only serve to demean this institution. Accordingly, IT IS HEREBY ORDERED THAT this action is dismissed with prejudice. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan on 1/18/2018) (rj)
|
|
Filing
224
OPINION & ORDER. The Court partially adopts and partially rejects the Report. Specifically, IT IS HEREBY ORDERED that summary judgment is GRANTED to Defendants Haouzi and Comperiati, and GRANTED to Defendants Macourt and LRT with respect to the neg ative-reference claim. IT IS FURTHER ORDERED that summary judgment is DENIED to Defendants Macourt and LRT on the failure-to-hire and letter-of-reference claims. The Clerk is respectfully directed to: (1) terminate Haouzi and Comperiati from this a ction, and (2) mail a copy of this Order to Plaintiff. IT IS FURTHER ORDERED that Azkour shall show cause, by filing a brief of no more than 25 pages by September 5, 2017, as to why he should not be precluded from seeking back pay for the period fo llowing May 9, 2017 under the doctrine of collateral estoppel for the reasons outlined in Section IV of this order. IT IS FURTHER ORDERED that Defendants shall file a response of no more than 25 pages no later than October 2, 2017. IT IS FURTHER ORDERED that Azkour may file a reply of no more than 10 pages by October 13, 2017. The Court will schedule a trial and issue a schedule for pretrial submissions following resolution of the collateral estoppel issue. SO ORDERED., Jessica Comperiati and Jean-Yves Haouzi terminated., ( Brief due by 9/5/2017., Reply to Response to Brief due by 10/13/2017., Responses to Brief due by 10/2/2017) (Signed by Judge Richard J. Sullivan on 7/17/17) (yv)
|
|
Filing
179
MEMORANDUM AND ORDER. For the reasons set forth above, the defendants' motion for reconsideration of the Court's September 9, 2014 Memorandum and Order, Docket Entry No. 172, is denied. re: 172 LETTER addressed to Magistrate Judge Kevin N athaniel Fox from Andrew S. Hoffmann dated September 23, 2014 re: Reconsideration of Memorandum and Order dated September 9, 2014. Document filed by Jessica Comperiati, Jean-Yves Haouzi, Law Offices Sheldon Skip Taylor, Little Rest Twelve, Inc., Franck Macourt, Frank Maucourt, Sheldon Skip Taylor, Esq. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/19/2014) (rjm)
|
|
Filing
170
MEMORANDUM AND ORDER. For the reasons set forth above, the plaintiff's motion to compel, Docket Entry No. 155, is granted, in part, and denied, in part. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/9/2014) Copies Mailed By Chambers. (rjm)
|
|
Filing
112
ORDER ADOPTING REPORT AND RECOMMENDATION adopting 105 Report and Recommendations; granting in part and denying in part 95 Motion to Dismiss filed by Frank Maucourt, Jessica Comperiati, Franck Macourt, Jean-Yves Haouzi, Little Rest Twelve, Inc. F or the foregoing reasons, the Court adopts the Report's recommendation that it grant in part and deny in part Defendants' motion to dismiss. Specifically, Defendants' motion is GRANTED as to Plaintiffs claims of discrimination under th e ADA and retaliation under the ADA and § 1981, but DENIED as to Plaintiffs claim of discrimination under § 1981. The Court, however, holds that it was error to disregard Plaintiffs notice of voluntarily dismissal. Accordingly, the Court fi nds that the following claims are dismissed without prejudice: all claims against the Taylor Defendants, as well as the claims against the LRT Defendants for violations of Title VII of the Civil Rights Act and the Age Discrimination in Employment Act ; conspiracy to violate Plaintiffs civil rights; defamation; intentional infliction of emotional distress; and violations of the New York State Human Rights Law. The Clerk of the Court is respectfully directed to close the motion pending at Doc. No. 95 and to terminate the Taylor Defendants as parties to this action. With respect to Plaintiffs surviving claim of discrimination under 42 U.S.C. § 1981, IT IS HEREBY ORDERED THAT the parties shall contact Judge Fox by August 21, 2013 for the purpose of setting a schedule for discovery. (Signed by Judge Richard J. Sullivan on 8/1/2013) Copies Sent By Chambers. (mro)
|
|
Filing
105
REPORT AND RECOMMENDATION TO THE HONORABLE RICHARD J. SULLIVAN, UNITED STATES DISTRICT JUDGE re: 95 FIRST MOTION to Dismiss Third Amended Complaint filed by Frank Maucourt, Jessica Comperiati, Franck Macourt, Jean-Yves Haouzi, Little Rest Twelve, I nc. For the foregoing reasons, I recommend that your Honor: (1) grant the defendants partial motion to dismiss, Docket Entry No. 95, respecting Azkours ADA claim for intentional discrimination and his 1981 and ADA retaliation claims; and (2) deny tha t motion as it relates to Azkours intentional discrimination claim. Pursuant to 28 U.S.C. 636(b)(1) and Rule 72(b)(2) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objec tions. See also Fed. R. Civ. P.6. Such objections, and any responses to objections, shall be filed with the Clerk of Court, with courtesy copies delivered to the chambers of the Honorable Richard J. Sullivan, 40 Centre Street, Room 2104, New York, Ne w York 10007, and to the chambers of the undersigned, 40 Centre Street, Room 425, New York, New York 10007. Any requests for an extension of time for filing objections must be directed to Judge Sullivan. Failure to file objections within fourteen (14) days will result in a waiver of objections and will preclude appellate review. Objections to R&R due by 7/15/2013. Respectfully submitted. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/28/2013) Copies Mailed By Chambers. (rsh).
|
|
Filing
87
MEMORANDUM & ORDER denying 41 Motion to Amend/Correct: For the reasons set forth above, Azkour's motion for leave to amend his third- amended complaint, Docket Entry No. 41, is denied. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/24/2012) (lmb)
|
|
Filing
85
MEMORANDUM AND ORDER denying 77 Motion for Reconsideration. For the reasons set forth above, Azkour's motion for reconsideration of the Court's June 1, 2012 order disposing of his sanctions motion, Docket Entry No. 77, is denied. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/17/2012) Copies Mailed By Chambers. (ama)
|
|
Filing
75
ORDER ADOPTING REPORT AND RECOMMENDATION. After reviewing the record, the Court finds that Judge Fox's Report is not facially erroneous. Accordingly, the Court adopts the Report in its entirety, and for the reasons set forth therein, denies Defendants' motion to dismiss the Second Amended Complaint. The Clerk of the Court is respectfully directed to terminate the motion located at Doc. No. 22. (Signed by Judge Richard J. Sullivan on 6/11/2012) Copies Mailed By Chambers. (rjm)
|
|
Filing
62
MEMORANDUM AND OPINION: For the reasons set forth within, Azkour's application for the court to appoint counsel torepresent him in this action is denied. This order resolves Docket Entry No. 21 . (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/11/2012) Copies Mailed By Chambers. (laq)
|
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 Southern 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.
