Avila v. 1212 Grant Realty, LLC et al
| Jimmy Avila |
| Basics Inc., Jacob Finkelstein, Lorraine Coleman and 1212 Grant Realty, LLC |
| 1:2018cv07851 |
| August 28, 2018 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 24 AFFIDAVIT OF SERVICE of Appearance of Counsel served on Jimmy Avila and Jacob Finkelstein on October 25, 2018. Service was accepted by N/A. Service was made by Certified Mail and Regular Mail. Document filed by Basics Inc., Lorraine Coleman. (Seacord, Christopher) |
Filing 23
ORDER with respect to #22 FIRST LETTER MOTION for Leave to File motion to dismiss the Second Amended Complaint addressed to Judge Lorna G. Schofield from Lindsey Blackwell dated October 22, 2018. Document filed by Basics Inc., Lorraine Coleman. Plaintiff may, but need not, file a response letter not to exceed 3-pages by November 1, 2018. Defendants' contemplated motion to dismiss will be discussed at the November 6, 2018, conference, which will serve as both an initial pretrial conference and pre-motion to dismiss conference. The parties are reminded to file their proposed case management plan and joint letter at least seven days before the conference. The Clerk of Court is directed to send a copy of this Order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 10/23/2018) (rjm) Transmission to Docket Assistant Clerk for processing.
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| Set/Reset Deadlines: (Responses due by 11/1/2018), Set/Reset Hearings: (Pre-Motion Conference set for 11/6/2018 at 10:30 AM before Judge Lorna G. Schofield.) (rjm) |
| Mailed a copy of #23 Order on Motion for Leave to File Document, to Jimmy Avila 1212 Grant Avenue Apt. 1C Bronx, NY 10456. (vba) |
| Filing 22 FIRST LETTER MOTION for Leave to File motion to dismiss the Second Amended Complaint addressed to Judge Lorna G. Schofield from Lindsey Blackwell dated October 22, 2018. Document filed by Basics Inc., Lorraine Coleman. (Attachments: #1 Affidavit Affidavit of Service)(Blackwell, Lindsey) |
| Filing 21 NOTICE OF APPEARANCE by Lindsey Blackwell on behalf of Basics Inc., Lorraine Coleman. (Blackwell, Lindsey) |
| Filing 19 NOTICE OF APPEARANCE by Mercedes Colwin on behalf of Basics Inc., Lorraine Coleman. (Colwin, Mercedes) |
| Filing 18 NOTICE OF APPEARANCE by Christopher Aaron Seacord on behalf of Basics Inc., Lorraine Coleman. (Seacord, Christopher) |
| Mailed a copy of #20 Memo Endorsement, to Jimmy Avila 1212 Grant Avenue Apt. 1C Bronx, NY 10456; Jacob Finkelstein 829 Greenwood Avenue Brooklyn NY 11218.(vba) |
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Filing 20
MEMO ENDORSEMENT on re: #17 Remark filed by Jimmy Avila. ENDORSEMENT: The parties are reminded to comply with the Order dated September 20, 2018 (Dkt. No. 15), confer, and by October 30, 2018 (i.e. seven days before the initial pretrial conference) file a proposed civil case management plan and joint letter. The Clerk of Court is directed to mail a copy of this Order to pro se Plaintiff and Defendants. (Signed by Judge Lorna G. Schofield on 10/16/2018) (cf) Transmission to Docket Assistant Clerk for processing.
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| Filing 17 DISCOVERY DISPUTES. Document filed by Jimmy Avila. (sc) |
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Filing 16
FRCP 4 SERVICE PACKAGE MAILED to Jimmy Avila, at 1212 Grant Avenue, Apt. 1C, Bronx, NY 10456, on 9/20/2018 Re: #14 Order of Service, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sbr)
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Filing 15
ORDER: Initial Conference set for 11/6/2018 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) The clerk is directed to mail a copy of this order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 9/20/2018) (cf) Transmission to Docket Assistant Clerk for processing.
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| SUMMONS ISSUED as to All Defendants. (sbr) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/20/2018 Re: Judge Lorna G. Schofield #14 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)1212 Grant Realty, LLC, Basics, Inc., Lorraine Coleman, and Jacob Finkelstein. (sbr) |
| Mailed a copy of #15 Order for Initial Pretrial Conference, to Jimmy Avila 1212 Grant Avenue Apt. 1C Bronx, NY 10456. (vba) |
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Filing 14
ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court denies Plaintiff's request for a preliminary injunction and/or a temporary restraining order. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Defendants 1212 Grant Realty, LLC, Basics, Inc., Lorraine Coleman, and Jacob Finkelstein, issue a summons, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Lorna G. Schofield on 9/17/2018) (mro)
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| Filing 12 2ND AMENDED COMPLAINT; re: amending #11 Amended Complaint against 1212 Grant Realty, LLC, Basics Inc., Lorraine Coleman, Jacob Finkelstein with JURY DEMAND.Document filed by Jimmy Avila. Related document: #11 Amended Complaint.(sc) |
| Filing 11 AMENDED COMPLAINT; re: amending #2 Complaint against 1212 Grant Realty, LLC, Basics Inc., Lorraine Coleman, Jacob Finkelstein with JURY DEMAND.Document filed by Jimmy Avila. Related document: #2 Complaint.(sc) |
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Filing 10
ORDER: that the initial pretrial conference scheduled for November 6, 2018, at 10:30 a.m. is hereby cancelled. A new initial pretrial conference may be scheduled if Plaintiff files his amended complaint. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 9/4/2018) (tro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #10 Order, to Jimmy Avila 1212 Grant Avenue Apt. 1C Bronx, NY 10456. (vba) |
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Filing 9
ORDER: Initial Conference set for 11/6/2018 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/31/2018) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing 8
ORDER: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/31/18) (yv)
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Filing 7
ORDER: ORDERED that, for the reasons stated above, the Complaint is dismissed and Plaintiff's request for preliminary injunctive relief is denied. Plaintiff is granted leave to file an amended complaint within 30 days of this Order. Failure to file an amended complaint will result in dismissal of the case altogether. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 8/31/2018) (rro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #7 Order, to Jimmy Avila 1212 Grant Avenue Apt. 1C Bronx, NY 10456. (vba) |
| Mailed a copy of #9 Order for Initial Pretrial Conference, to Jimmy Avila 1212 Grant Avenue Apt. 1C Bronx, NY 10456. (vba) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint, Order to Show Cause and Affirmation. Basics Inc. served on 8/29/2018, answer due 9/19/2018; Lorraine Coleman served on 8/29/2018, answer due 9/19/2018. Service was accepted by Basics, Inc., and Lorraine Coleman personally. Document filed by Jimmy Avila. (sc) |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint, Order to Show Cause, Affirmation. 1212 Grant Realty, LLC served on 8/29/2018, answer due 9/19/2018; Jacob Finkelstein served on 8/29/2018, answer due 9/19/2018. Service was accepted by 1212 Grant Realty LLC, and Jacob Finkelstein by Federal Express delivery. Document filed by Jimmy Avila. (sc) Modified on 8/31/2018 (sc). |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (bcu) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (bcu) |
| Filing 4 AFFIRMATION of Jimmy Avila in Support re: #3 Order to Show Cause - Unsigned. Document filed by Jimmy Avila. (sac) |
| Filing 3 UNSIGNED ORDER TO SHOW CAUSE filed by Jimmy Avila. (sac) |
| Filing 2 COMPLAINT against 1212 Grant Realty, LLC, Basics Inc., Lorraine Coleman, Jacob Finkelstein. Document filed by Jimmy Avila.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jimmy Avila.(sac) |
| Case Designated ECF. (sac) |
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