Smith v. Lutnick et al
Plaintiff: Adrian Barrie Smith
Defendant: Howard Lutnick, Allison Lutnick and Andy Weller
Case Number: 1:2013cv04212
Filed: June 18, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Andrew L Carter
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 1, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2014 Transmission to Docket Assistant Clerk. Transmitted re: #16 Clerk's Judgment, to the Docket Assistant Clerk for case processing. (dt)
October 1, 2014 Mailed notice of Right to Appeal re: #16 Clerk's Judgment, #15 Order on Motion to Dismiss, to Adrian Barrie Smith 325 W. 45th Street Apt# 1020 New York, NY 10036. (ca)
September 30, 2014 Filing 16 CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum and Order dated September 30, 2014, Defendants' Motion to Dismiss is Granted; the remaining arguments of the parties are without merit and therefore, are not addressed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/30/2014) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
September 30, 2014 Opinion or Order Filing 15 MEMORANDUM AND ORDER. The remaining arguments of the parties are without merit and therefore, are not addressed. For the reasons set forth above, Defendants' Motion to Dismiss is GRANTED WITH PREJUDICE. The Clerk of Court is respectfully directed to close this case from the Court's active docket and enter judgment consistent with this Order. Granting #6 Motion to Dismiss. (Signed by Judge Andrew L. Carter, Jr on 9/30/2014) (rjm)
September 30, 2014 Transmission to Judgments and Orders Clerk. Transmitted re: #15 Order on Motion to Dismiss to the Judgments and Orders Clerk. (rjm)
July 30, 2014 Filing 14 LETTER addressed to Judge Andrew L. Carter, Jr. from Adrian Barrie Smith, dated 7/30/14 re: Plaintiff informs the Court that he received its letter in regard to its needing proof for the number of staff employed by Howard Lutnick for his homes in New York City and the Hamptons, which he owns in Bridgehampton; and the plaintiff formally objects to the fact that the Court assumes that Howard Lutnick pays for the staff through a corporation titled "Maintenance & Staffing LLC," which he believes is not the case etc. Document filed by Adrian Barrie Smith.(sc)
July 17, 2014 Filing 13 DECLARATION of Jennifer A. Mustes re: #12 Order,, . Document filed by Allison Lutnick, Howard Lutnick, Andy Weller. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Mustes, Jennifer)
June 2, 2014 Opinion or Order Filing 12 ORDER: Mr. Smith and Defendants shall submit affidavits and supporting documentation to the Court by July 28, 2014 proving the number of people employed by Maintenance & Staffing LLC during 2010, 2011, and 2012. No further briefing or argument on the Motion to Dismiss will be accepted by the Court. Any submissions made by either Mr. Smith or Defendants should be directly related to the number of employees during the relevant time period and should not contain information unrelated to that issue. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/2/2014) Copies Mailed By Chambers. (ajs)
February 26, 2014 Filing 11 LETTER addressed to Judge Andrew L. Carter, Jr. from Adrian Barrie Smith dated 2/16/14 re: FOLLOW UP PAPERWORK/REPLY TO 'MOTIONS TO DISMISS' REQUEST. Document filed by Adrian Barrie Smith.(sc)
January 31, 2014 Filing 10 REPLY MEMORANDUM OF LAW in Support re: #6 MOTION to Dismiss with Prejudice.. Document filed by Allison Lutnick, Howard Lutnick, Andy Weller. (Attachments: #1 Certificate of Service)(Mustes, Jennifer)
January 27, 2014 Filing 9 LETTER from Adrian Barrie Smith dated 1/24/14 re: Plaintiff requests that the Court not allow Howard Lutnick to continue to "discriminate" against people over the age of fifty, African American candidates, gay individuals who do or do not have the aids virus; and that this case should not be dismissed. Document filed by Adrian Barrie Smith.(sc)
November 12, 2013 Filing 8 DECLARATION of Jennifer A. Mustes in Support re: #6 MOTION to Dismiss with Prejudice.. Document filed by Allison Lutnick, Howard Lutnick, Andy Weller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Mustes, Jennifer)
November 12, 2013 Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION to Dismiss with Prejudice.. Document filed by Allison Lutnick, Howard Lutnick, Andy Weller. (Mustes, Jennifer)
November 12, 2013 Filing 6 MOTION to Dismiss with Prejudice. Document filed by Allison Lutnick, Howard Lutnick, Andy Weller. (Attachments: #1 Certificate of Service)(Mustes, Jennifer)
August 12, 2013 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 8/12/2013. Adrian B. Smith, Pro Se Plaintiff. Jennifer A. Mustes for Defendant(s). Amended Complaint due by 10/11/2013. The briefing schedule for the Defendant's motion to dismiss is as follows: Motion due 11/12/2013. Plaintiff's opposition due 1/10/2014. Defendant's reply, if any, due 1/31/2014. Court Reporter: Denise Richards. (tdh)
July 26, 2013 Opinion or Order Filing 5 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Jennifer A. Mustes dated 7/16/2013 re: Defendants request a pre-motion conference. ENDORSEMENT: A pre-motion conference is scheduled for 8/12/2013 at 11:15 a.m. So ordered. (Pre-Motion Conference set for 8/12/2013 at 11:15 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 7/26/2013) (rjm)
July 17, 2013 Filing 4 NOTICE OF APPEARANCE by Jennifer Anne Mustes on behalf of Allison Lutnick, Howard Lutnick, Andy Weller. (Attachments: #1 Certificate of Service)(Mustes, Jennifer)
July 8, 2013 Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint. Allison Lutnick served on 6/27/2013, answer due 7/18/2013; Howard Lutnick served on 6/27/2013, answer due 7/18/2013. Service was accepted by John Doe, Authorized Agent. Document filed by Adrian Barrie Smith. (sac)
June 18, 2013 Filing 1 COMPLAINT against Allison Lutnick, Howard Lutnick, Andy Weller. (Filing Fee $ 350.00, Receipt Number 465401070065)Document filed by Adrian Barrie Smith.(mqu)
June 18, 2013 SUMMONS ISSUED as to Allison Lutnick, Howard Lutnick, Andy Weller. (mqu)
June 18, 2013 Magistrate Judge Gabriel W. Gorenstein is so designated. (mqu)
June 18, 2013 Case Designated ECF. (mqu)

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Plaintiff: Adrian Barrie Smith
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Defendant: Howard Lutnick
Represented By: Jennifer Anne Mustes
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Defendant: Allison Lutnick
Represented By: Jennifer Anne Mustes
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Defendant: Andy Weller
Represented By: Jennifer Anne Mustes
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