Food Authority Inc. v. Tres Carnes Roosevelt Field LLC et al
| Food Authority Inc. |
| John D'Antonio, Tres Carnes Roosevelt Field LLC, 688 Sixth Avenue TC LLC, Michael A. Sinensky, 954 Third Avenue TC LLC and 817 Second Avenue TC LLC |
| 1:2015cv10009 |
| December 23, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| Ronnie Abrams |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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This docket was last retrieved on July 12, 2016. A more recent docket listing may be available from PACER.
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| Stipulation and Voluntary Order of Dismissal dated 7/11/2016 mailed to pro se parties Michael Sinensky and John D'Antonio. (arc) |
| Filing 47 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE AND NOTICE OF WITHDRAWAL OF PENDING MOTIONS: that plaintiff in the above-captioned action hereby voluntarily dismisses its claims against defendants in their entirety pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with prejudice and without costs to either side, except that this action may be reopened for the purpose of entering judgment against defendant Michael A. Sinensky pursuant to agreement between the parties. Defendant John D'Antonio's motion to dismiss the complaint (Docket No. 20) is hereby withdrawn with prejudice and without costs to either side. Plaintiff's motion for default judgment against defendants (Docket Nos. 25-27) is hereby withdrawn with prejudice and without costs to either side. (Signed by Judge Ronnie Abrams on 7/11/2016) (tn) |
Filing 46
ORDER dismissing #20 Motion to Dismiss; dismissing #25 Motion for Default Judgment. It has been reported to the Court that this case has been settled. Accordingly, it is hereby ORDERED that the parties shall jointly prepare and file a proposed final judgment no later than August 1, 2016. It is further ORDERED that all deadlines in this action are adjourned sine die. The pending motions are dismissed without prejudice and the Clerk of Court is respectfully directed to close the docket entries at 20 and 25. (Signed by Judge Ronnie Abrams on 7/1/2016) (cf) Modified on 7/1/2016 (cf).
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Order dated 7/1/2016 mailed to pro se parties John D'Antonio and Michael Sinensky. (arc)
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| Minute Entry for proceedings held before Magistrate Judge Barbar Moses: Settlement Conference held on 6/29/2016. (Snell, Kevin) |
| Filing 45 PRO SE MEMORANDUM(Letter) dated 5/11/16 re: CHANGE OF ADDRESS for Michael A. Sinensky. New Address: 621 W. 46th Street, New York, New York, 10036. (sc) |
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Filing 44
MEMO ENDORSEMENT on re: #42 Letter, filed by Food Authority Inc. ENDORSEMENT: Hearing no objection from Plaintiff, it is hereby ORDERED that the deadlines to answer or otherwise respond to the Complaint are adjourned until July 13, 2016. It is further ORDERED that the deadlines to respond to the motion for default and order to show cause are adjourned until further notice. (Signed by Judge Ronnie Abrams on 4/11/2016) (cf)
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| Endorsement dated 4/11/2016 mailed to pro se defendant John D'Antonio at 1520 Kimball Street, Brooklyn, NY 11230 and e-mailed to pro se defendant Michael Sinensky. (arc) |
| Received returned mail: Order for Limited Appearance of Pro Bono Counsel dated 3/23/16 was mailed to pro se plaintiff Michael Sinensky at Tres Carnes LLC, 817 Second Avenue, New York, NY 10017 and was returned for the following reason(s): Return to Sender. Not Deliverable as Addressed. Unable to forward. (arc) |
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Filing 43
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on Wednesday, June 29, 2016, at 2:15, in Courtroom 9A, 500 Pearl Street, New York, NY 10007. (As further set forth in this Order.) ( Settlement Conference set for 6/29/2016 at 02:15 PM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Magistrate Judge Barbara C. Moses on 4/6/2016) (mro) Modified on 4/6/2016 (mro).
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| Filing 42 LETTER addressed to Judge Ronnie Abrams from Michael Sinensky dated 4/4/2016 re: asking Your Honor for an extension of time (a) to answer the complaint and file motions to dismiss (currently April 21, 2016), (b) to file answering papers to plaintiff's motion for default judgment (currently April 15, 2016) and (c) for the Order to Show Cause (currently scheduled for April 22, 2016 at 10:45am), to after the June settlement conference.(cf) |
| Filing 41 NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for John D'Antonio, Michael A. Sinensky, Tres Carnes Roosevelt Field LLC. (tro) |
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Order for Limited Appearance of Pro Bono Counsel and Order of Reference dated 3/23/16 mailed to pro se plaintiffs Michael Sinensky at Tres Carnes LLC, 817 Second Avenue, New York, NY 10017 and John D'Antonio at 1520 Kimball Street, Brooklyn, NY 11230. (arc)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Barbara Moses. Please note that this is a reassignment of the designation only. (ad) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Barbara C. Moses, for Settlement. Magistrate Judge Gabriel W. Gorenstein no longer referred to the case. (ad) |
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Filing 40
ORDER FOR LIMITED APPEARANCE OF PRO BONO COUNSEL: As discussed at Monday's conference, it is hereby ORDERED that the time to answer or otherwise respond to the Complaint is extended until April 21, 2016 for defendants Michael A. Sinensky, Tres Carnes Roosevelt Field LLC, 668 Sixth Avenue TC LLC, 817 Second Avenue TC LLC, and 954 Third Avenue TC LLC. It is further ORDERED that the Clerk of Court is directed to attempt to locate pro bono counsel to represent defendants John D' Antonio, Michael A. Sinensky, Tres Carnes Roosevelt Field LLC, 668 Sixth Avenue TC LLC, 817 Second Avenue TC LLC, and 954 Third Avenue TC LLC at a settlement conference to be conducted before Magistrate Judge Gorenstein. If counsel is located, such counsel will represent each defendant solely for purposes of the settlement negotiations and that representation will terminate at the conclusion of the settlement process. If the Clerk of Court is unable to locate counsel, the defendants must appear without counsel at the settlement conference. If any defendant objects to this grant of pro bono counsel, the defendant must file an objection within 14 days of the date of this order. In the event a defendant files such an objection, this grant for pro bono counsel is vacated as to that party. (As further set forth in this Order.) 688 Sixth Avenue TC LLC answer due 4/21/2016; 817 Second Avenue TC LLC answer due 4/21/2016; 954 Third Avenue TC LLC answer due 4/21/2016; Michael A. Sinensky answer due 4/21/2016; Tres Carnes Roosevelt Field LLC answer due 4/21/2016. (Signed by Judge Ronnie Abrams on 3/23/2016) (cf)
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Filing 39
ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/23/2016) (ama)
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Status Conference held on 3/21/2016. (Court Reporter Sonya Ketter) (arc) |
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Filing 38
ORDER. The Court is in receipt of the parties' letters. It is hereby ORDERED that a conference will be held on March 21, 2016 at 11:45 a.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York. All parties shall attend. The parties may raise any scheduling conflicts by calling Courtroom Deputy Allison Cavale at 212-805-0162. (Conference set for 3/21/2016 at 11:45 AM in Courtroom 1506, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 3/9/2016) (rjm)
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| Filing 37 LETTER addressed to Judge Ronnie Abrams from Gregory Brown dated March 9, 2016 re: Responding to Letter from Michael Sinensky. Document filed by Food Authority Inc..(Brown, Gregory) |
| Filing 36 LETTER addressed to Judge Ronnie Abrams from Michael Sinensky dated 3/4/2016 re: Tres Carnes and Food Authority, based on our findings, we have a disagreement with the following: 1. Amount owed by our company and 2. Personal liability versus company liability. (cf) |
| Filing 35 CERTIFICATE OF SERVICE of Plaintiff's motion for default judgment, together with all supporting papers, the letter dated March 1, 2016 and its attachments and the Order to Show Cause for Default Judgment dated March 3, 2016 served on Tres Carnes Roosevelt Field LLC, 688 Sixth Avenue TC LLC, 817 Second Avenue TC LLC, 954 Third Avenue TC LLC and Michael Sinensky on March 4, 2016. Service was made by First-class mail, return receipt requested. Document filed by Food Authority Inc.. (Brown, Gregory) |
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Filing 34
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: Upon consideration of these documents and the supporting Declaration of Gregory Brown, it is hereby: ORDERED that Defendants show cause at a conference to be held on April 22, 2016 at 10:45 a.m., in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York., why a default judgment should not be entered in favor of Plaintiff for the relief requested in the Complaint. IT IS FURTHER ORDERED that answering papers, if any, should be served upon Defendants by April 15, 2016. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of the request to enter default, any supporting papers, the letter dated March 1, 2016 and its attachments and this Order by April 8, 2016 on the Defendants by hand or by first-class mail with return receipt requested. (As further set forth in this Order.) Show Cause Hearing set for 4/22/2016 at 10:45 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 3/3/2016) (cf)
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| Filing 33 LETTER addressed to Judge Ronnie Abrams from Gregory Brown dated March 1, 2016 re: Submission of Revised Proposed Default Judgment. Document filed by Food Authority Inc..(Brown, Gregory) |
| Filing 32 MEMO ENDORSEMENT on re: #30 Letter filed by Food Authority Inc. ENDORSEMENT: Application granted. The conference scheduled for March 4, 2016 is adjourned sine die pending the resolution of Defendant D'Antonio's motion to dismiss. (Signed by Judge Ronnie Abrams on 2/29/2016) (cf) |
| Endorsed letter dated 2/29/2016 mailed to pro se plaintiff John D'Antonio at 1520 Kimball Street, Brooklyn, NY 11230. (arc) |
| Filing 31 LETTER addressed to Judge Ronnie Abrams from John D'Antonio re: Plaintiff advises the Court that there is no legal or factual basis for a claim against him personally; and that he was just an employee of the management company which managed the L.L.C.'s and was never an officer, investor or a limited partner of any of the L.L.C.'s. Document filed by John D'Antonio.(sc) |
| Filing 30 LETTER addressed to Judge Ronnie Abrams from Gregory Brown dated February 23, 2016 re: Defendants' Failure to Oppose Motion for Default Judgment and Related Matters. Document filed by Food Authority Inc..(Brown, Gregory) |
| Filing 29 REPLY AFFIRMATION IN SUPPORT OF MOTION; re: #20 MOTION to Dismiss. Document filed by John D'Antonio. (sc) |
| Filing 28 CERTIFICATE OF SERVICE of Motion for Default Judgment, together with all supporting papers served on Counsel for Defendants on February 8, 2016. Service was made by Federal Express. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 27 MEMORANDUM OF LAW in Support re: #25 MOTION for Default Judgment as to . . Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 26 DECLARATION of Gregory Brown in Support re: #25 MOTION for Default Judgment as to .. Document filed by Food Authority Inc.. (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)(Brown, Gregory) |
| Filing 25 MOTION for Default Judgment as to . Document filed by Food Authority Inc.. Responses due by 2/22/2016(Brown, Gregory) |
| Filing 24 CERTIFICATE OF SERVICE of Plaintiff's Opposition to Motion to Dismiss served on John D'Antonio on February 2, 2016. Service was made by Federal Express. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 23 MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss. . Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 22 DECLARATION of Robert Fitzsimmons in Opposition re: #20 MOTION to Dismiss.. Document filed by Food Authority Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brown, Gregory) |
| Filing 21 CLERK'S CERTIFICATE OF DEFAULT as to Tres Carnes Roosevelt Field LLC, 688 Sixth Avenue TC LLC, 817 Second Avenue TC LLC, 954 Third Avenue TC LLC and Michael A. Sinensky. (km) |
| Filing 20 MOTION; re: to Dismiss the Complaint against John D'Antonio with prejudice. Document filed by John D'Antonio.(sc) |
| Filing 19 ANSWER to #1 Complaint. Document filed by John D'Antonio.(sc) |
| Filing 18 NOTICE OF APPEARANCE Pro Se by John D'Antonio. (sc) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,. John D'Antonio served on 1/6/2016, answer due 1/27/2016. Service was accepted by John D'Antonio, personally. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. Michael A. Sinensky served on 1/6/2016, answer due 1/27/2016. Service was accepted by Irinia Sinensy, Wife. Service was made by additional mailing. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,. 954 Third Avenue TC LLC served on 1/8/2016, answer due 1/29/2016. Service was accepted by Nancy Dougherty, Authorized Agent in the Office of the Secretary of State of the State of New York. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. 817 Second Avenue TC LLC served on 1/8/2016, answer due 1/29/2016. Service was accepted by Nancy Dougherty, Authorized Agent in the Office of the Secretary of State of the State of New York. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. 688 Sixth Avenue TC LLC served on 1/8/2016, answer due 1/29/2016. Service was accepted by Nancy Dougherty, Authorized Agent in the Office of the Secretary of State of the State of New York. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Tres Carnes Roosevelt Field LLC served on 1/8/2016, answer due 1/29/2016. Service was accepted by Nancy Dougherty, Authorized Agent in the Office of the Secretary of State of the State of New York. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 11 AFFIDAVIT OF SERVICE of Order and Notice of Initial Conference served on all Defendants on December 29, 2015. Service was made by mail. Document filed by Food Authority Inc.. (Brown, Gregory) |
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Filing 10
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 3/4/2016 at 03:30 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 12/29/2015) (cf) Modified on 12/29/2015 (cf). Modified on 12/29/2015 (cf).
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Michael A. Sinensky. (moh) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to John D'Antonio. (moh) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Tres Carnes Roosevelt Field LLC. (moh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (laq) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (laq) |
| Case Designated ECF. (laq) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to John D'Antonio, re: #1 Complaint,. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Michael A. Sinensky, re: #1 Complaint,. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Tres Carnes Roosevelt Field LLC, 688 Sixth Avenue TC LLC, 817 Second Avenue TC LLC and 954 Third Avenue TC LLC, re: #1 Complaint,. Document filed by Food Authority Inc.. (Brown, Gregory) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Food Authority Inc..(Brown, Gregory) |
| Filing 2 CIVIL COVER SHEET filed. (Brown, Gregory) |
| Filing 1 COMPLAINT against 688 Sixth Avenue TC LLC, 817 Second Avenue TC LLC, 954 Third Avenue TC LLC, John D'Antonio, Michael A. Sinensky, Tres Carnes Roosevelt Field LLC. (Filing Fee $ 400.00, Receipt Number 0208-11772579)Document filed by Food Authority Inc..(Brown, Gregory) |
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