Noe v. Ray Realty et al

Noe v. Ray Realty et al

Plaintiff:	Jane Doe and Carol Noe
Defendant:	Ray Realty, John Doe 1 to 8, Jane Doe 9-15, Dejan Zecevic, Julia Zecevic, Zavisa Zecevic and John Militec
Case Number:	1:2019cv01455
Filed:	February 15, 2019
Court:	US District Court for the Southern District of New York
Presiding Judge:	Ronnie Abrams
Referring Judge:	Ona T Wang
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 3601
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on May 2, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 21, 2019	Filing 28 LETTER addressed to Judge Ronnie Abrams from C. Noe, dated 3/20/19 re: Plaintiff writes that this letter serves as a written Notice to the Court and is to be filed via the docket under ADA Title II and Rehab Act 504 as Plaintiff provides ADA Reasonable Accommodation Request etc.; and that Plaintiff objects to Defendants' extension of time demand to answer etc. Document filed by Carol Noe.(sc)
March 21, 2019	Filing 27 LETTER addressed to Judge Ronnie Abrams from C. Noe, dated 3/18/19 re: URGENT COMMUNICATIONS RE TRO. Document filed by Carol Noe.(sc)
March 21, 2019	Filing 26 ORDER: Communication with the Court. It has come to the Court's attention that, notwithstanding the Court's directives at ECF 11 and 18, Plaintiff has sent at least three emails on consecutive days to the District Judge in this case. Plaintiff is reminded that communications with the Court must be made through the Pro Se Intake Unit. Any communications with the Court by email will be disregarded without response and will not constitute part of the record. Further failure to follow this directive may result in the imposition of sanctions. ECF. Plaintiff has repeatedly complained of her inability to access documents. To aid her in receiving future filings and orders as quickly as possible, Plaintiff is directed to fill out the attached Pro Se Consent & Registration Form to Receive Documents Electronically, and to email or deliver this completed form to the Pro Se intake Unit. Once Plaintiff consents to receive documents electronically, Plaintiff will receive a Notice of Electronic Filing by e-mail each time a document is filed in this case. After receiving the notice, Plaintiff is permitted one "free look" at the document by clicking on the hyperlinked document number in the e-mail. To avoid future charges, Plaintiff should print or save the document during the "free look." The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 3/21/2019) (ks) Transmission to Docket Assistant Clerk for processing.
March 21, 2019	Filing 25 ORDER granting #23 Letter Motion for Extension of Time to Answer. An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Tuesday, April 30, 2019 at 10:30 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. Defendant's Time to Respond. Defendants shall respond to the Complaint by April 18, 2019. The Clerk of Court is respectfully directed to close ECF 23 and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 3/21/2019) John Militec answer due 4/18/2019; Ray Realty answer due 4/18/2019; Dejan Zecevic answer due 4/18/2019; Julia Zecevic answer due 4/18/2019; Zavisa Zecevic answer due 4/18/2019 (ks) Transmission to Docket Assistant Clerk for processing.
March 21, 2019	Filing 24 NOTICE OF APPEARANCE by Vincent Chirico on behalf of John Militec, Ray Realty, Dejan Zecevic, Julia Zecevic, Zavisa Zecevic. (Chirico, Vincent)
March 21, 2019	Mailed a copy of #25 Order on Motion for Extension of Time to Answer, #26 Order, to Carol Noe P.O. Box 20913 New York, NY 10023. (vba)
March 21, 2019	Set/Reset Hearings: Initial Conference set for 4/30/2019 at 10:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (ks)
March 19, 2019	Filing 23 FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Ronnie Abrams from Vincent Chirico dated March 19, 2019. Document filed by John Militec, Ray Realty, Dejan Zecevic, Julia Zecevic, Zavisa Zecevic. (Attachments: #1 Affidavit Affirmation of Service)(Chirico, Vincent)
March 11, 2019	Filing 22 AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Ronnie Abrams on 3/11/2019) (kv)
March 11, 2019	Mailed a copy of #21 Order, to Carol Noe P.O. Box 20913 New York, NY 10023. (vba)
March 11, 2019	Mailed a copy of #22 Amended Order Referring Case to Magistrate Judge to Carol Noe at P.O. Box 20913, New York, NY 10023. (arc)
March 8, 2019	Filing 21 ORDER: The undersigned has reviewed Plaintiff's complaint, letters and documents provided in support of her request for an emergency conference (ECF 2, 13, 17, 20). Plaintiff has not shown a need for an emergency conference on either March 8, 2019 or March 11, 2019. Accordingly, Plaintiff's request for an emergency conference is denied without prejudice. To aid her in receiving future filings and orders as quickly as possible, Plaintiff is directed to fill out the attached Pro Se Consent & Registration Form to Receive Documents Electronically, and to email or deliver this completed form to the Pro Se Intake Unit. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 3/8/2019) (ne) Transmission to Docket Assistant Clerk for processing.
March 6, 2019	Filing 20 LETTER addressed to Judge Ronnie Abrams from Jane Doe, dated 3/6/19 re: EMERGENCY CONFERENCE FOR INJUNCTIVE RELIEF-PRELIMINARY ORDER/TRO/STAY/REMAND/ENJOIN, RE: 3/6/19 LATEST DOCKET ENTRY OF COURT'S DIRECTIVE, RE: ADA PLAINTIFF CANNOT ACCESS PACER AND CAN ONLY SEE DOCKET ENTRIES(NOT ORDERS) ON GOOGLE AND NO ORDERS RECEIVED TO DATE BY U.S. MAIL FROM THE CLERKS OFFICE FROM #7 THRU #18, RE: PLEASE REFERENCE CONTROLLING CASE LAW SINISGALLO V. TOWN OF ISLIP BY JUDGE SPATT FACT PATTERN IN SUPPORT OF PRELIMINARY ORDER IS JUSTIFIED FOR IRREPARABLE HARM TO ADA PLAINTIFFS, RE: EMERGENCY CONFERENCE TO PLEASE SCHEDULE FOR FRIDAY 3/8 OR MONDAY 3/11 THE LATEST IN THE AFTERNOON RESPECTFULLY REQUESTED BY PRO SE PLAINTIFF ADA DISABLED PROTECTED CLASS MEMBER. Document filed by Jane Doe 9-15.(sc)
March 6, 2019	Filing 19 AMENDED ORDER OF SERVICE: Plaintiff has informed the Court through letter that certain Defendants' addresses were incorrect on the initial order of service. The Clerk of Court is therefore respectfully directed to issue a summons and deliver to the U.S. Marshals Service all of the paperwork necessary for the Marshals to effect service at the following addresses of the defendants: 1. Ray Realty, 41-25 44th Street, Apartment A7, Sunnyside, NY 11104. 2. Zavisa Zecevic 41-25 44th Street, Apartment A7, Sunnyside, NY 11104. 3. Julia Zecevic 41-25 44th Street, Apartment A7, Sunnyside, NY 11104. 4. Dejan Zecevic 41-25 44th Street, Apartment A7, Sunnyside, NY 11104. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/6/2019) (rj)
March 6, 2019	Mailed a copy of #18 Order, to Carol Noe P.O. Box 20913 New York, NY 10023 by FedEx tracking no. 8996 1783 9950. (vba)
March 6, 2019	AMENDED SUMMONS ISSUED as to Ray Realty, Dejan Zecevic, Julia Zecevic, Zavisa Zecevic. (nb)
March 6, 2019	FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/6/2019 Re: Judge Ronnie Abrams #19 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) Ray Realty, Dejan Zecevic, Julia Zecevic, Zavisa Zecevic.. (nb)
March 6, 2019	Mailed a copy of #19 Order of Service to Carol Noe P.O. Box 20913 New York, NY 10023. (nb)
March 4, 2019	Filing 18 ORDER re: #15 Affidavit of Service Complaints filed by Carol Noe, #16 Affidavit of Service Complaints, filed by Carol Noe. In an effort to expedite this matter, the Court directed Plaintiff to serve Defendants. See Dkt. 8. Although Plaintiff has now done so, see Dkts. 15, 16, Defendants have yet to appear. Plaintiff is Ordered to inform the Court of the status of the proceedings in housing court and the date and time of when her next proceeding in housing court is scheduled to take place. Plaintiff shall also provide any documentary evidence related to this proceeding. In light of Plaintiff's lack of consent to proceed before a magistrate judge, see Dkt. 17 at 1, all dispositive motions will be handled by this Court. This case has been referred to Judge Wang, however, for general pretrial purposes, including all non-dispositive matters, pursuant to Fed. R. Civ. P. 72. Plaintiff is reminded that all communications with the Court must be made through the Pro Se Intake Unit. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff by federal express. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/4/2019) (rj) Transmission to Docket Assistant Clerk for processing.
March 1, 2019	Filing 17 LETTER addressed to Judge Ronnie Abrams from Caroll Noe, dated 2/28/19 re: "TIME SENSITIVE " SCHEDULE CONFERENCE. Document filed by Carol Noe. (Attachments: #1 Exhibit, #2 Exhibit)(sc)
March 1, 2019	Filing 14 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Ronnie Abrams on 3/1/2019) (mro)
March 1, 2019	Mailed a copy of #14 Order Referring Case to Magistrate Judge, to Carol Noe P.O. Box 20913 New York, NY 10023. (vba)
March 1, 2019	Transmission to Docket Assistant Clerk. Transmitted re: #14 Order Referring Case to Magistrate Judge to the Docket Assistant Clerk for case processing. Please mail a copy of Order to plaintiff as per chambers. (mt)
February 27, 2019	Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint. Ray Realty served on 2/26/2019, answer due 3/19/2019; Dejan Zecevic served on 2/26/2019, answer due 3/19/2019; Julia Zecevic served on 2/26/2019, answer due 3/19/2019; Zavisa Zecevic served on 2/26/2019, answer due 3/19/2019. Service was accepted by receiver of service not listed at 41-25 44th Street, Apt. A7, Sunnyside Queens, NY 11104. Document filed by Carol Noe. (sc)
February 27, 2019	Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint. John Militec served on 2/26/2019, answer due 3/19/2019. Service was accepted by John Militic. Document filed by Carol Noe. (sc)
February 27, 2019	Filing 13 LETTER addressed to Judge Ronnie Abrams from Jane Doe dated 2/25/19 re: ADA Disabled Protected Class Member Jane Doe seeks Emergency Conference for 3/4/19 Afternoon for TRO/ Preliminary Order/ Stay. Document filed by Jane Doe 9-15.(sc)
February 27, 2019	Filing 12 FRCP 4 SERVICE PACKAGE MAILED to Carol Noe P.O. Box 20913 New York, NY 10023, at, on 2/27/2019 Re: #11 Order. 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). (nb)
February 27, 2019	SUMMONS ISSUED as to John Militec, Ray Realty, Dejan Zecevic, Julia Zecevic, Zavisa Zecevic. (nb)
February 27, 2019	FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/27/2019 Re: Judge Ronnie Abrams #11 Order. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) John Militec, Ray Realty, Dejan Zecevic, Julia Zecevic, Zavisa Zecevic. (nb)
February 25, 2019	Mailed a copy of #10 Order Granting IFP Application to Carol Noe 27 W 60th Street #20913 New York, NY 10023. (vba)
February 22, 2019	Case Designated ECF. (rdz)
February 22, 2019	Filing 11 ORDER: On February 21, 2019, the Court issued orders (1) granting Plaintiff's IFP application, (2) denying Plaintiff's sealing and anonymity requests, (3) denying Plaintiff's ex parte motion for a temporary restraining order and instructing Plaintiff to serve Defendants, and (4) denying Plaintiff's application for pro bona counsel at this time. See Dkts. 7-10. In order to expedite matters, the Court is authorizing the emailing of these Orders to Plaintiff. However, Plaintiff is reminded that all communications with the Court must be made through the Pro Se Intake Unit. Any communications with the Court by email will be disregarded without response, and will not constitute part of the record. To aid her in receiving future filings and orders as quickly as possible, Plaintiff is encouraged to fill out the attached Pro Se Consent & Registration Form to Receive Documents Electronically, and to email or deliver this completed form to the Pro Se Intake Unit. Also attached is a flyer containing information on the NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York. Plaintiff may also consult http://www.nysd.uscourts.gov/forms.php?f=p with respect to any questions she may have about what procedures to follow. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/22/2019) (ks)
February 21, 2019	Transmission to Docket Assistant Clerk. Transmitted re: #10 Order Granting IFP Application to the Docket Assistant Clerk for case processing. (mro)
February 21, 2019	Filing 10 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/21/2019) (rj)
February 21, 2019	Filing 9 ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court denies Plaintiff's application for the Court to request pro bona counsel without prejudice to her filing another such application at a later date. (Dkt. No. 5.) The Court directs the Clerk of Court to complete USM-285 forms with the addresses for Defendants Ray Realty, Zavisa Zecevic, John Militec, Julia Zecevic, and Dejan Zecevic, and deliver all documents necessary to effect service on these defendants 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 IFP 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). SO ORDERED. Motions terminated: #5 APPLICATION for the Court to Request Counsel. filed by Jane Doe. (Signed by Judge Ronnie Abrams on 2/21/2019) (kv)
February 21, 2019	Filing 8 ORDER: Accordingly, Plaintiff's motion for a temporary restraining order is DENIED at this time. Nevertheless, the Court will make every effort to move this case forward as quickly as possible. In order to expedite matters, Plaintiff shall promptly serve the Complaint, her motion for a preliminary injunction, any supporting papers, and this Order on Defendants. Plaintiff shall file proof of service with the pro se intake unit immediately after such service is effectuated. The Court will then schedule a hearing in this case. By February 22, 2019, the Clerk of Court is respectfully directed to mail this Order to Plaintiff. (Signed by Judge Ronnie Abrams on 2/21/2019) (kv) Transmission to Docket Assistant Clerk for processing.
February 21, 2019	Filing 7 ORDER denying #3 Motion to Seal. Plaintiff's motion to seal the filings in this case is denied. Nevertheless, the Court will temporarily redact Plaintiff's medical information attached to her Complaint. See Dkt. 2, Ex. 1. The original Complaint and its attachments will remain under seal. If Defendants seek to view the unredacted medical records, they shall file a letter request to this Court. The Court will revisit the propriety of the redaction of Plaintiff's medical records at a later date. As for Plaintiff's request to proceed under a pseudonym, this motion is also denied, for the reasons articulated in Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189-90 (2d Cir. 2008). By February 22, 2019, the Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. The Clerk of Court shall also unseal all the submissions previously sealed in this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/21/2019) (anc) Transmission to Docket Assistant Clerk for processing. Transmission to Sealed Records Clerk for processing.
February 20, 2019	NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Unassigned is no longer assigned to the case. (wb)
February 20, 2019	Magistrate Judge Ona T. Wang 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. (wb)
February 15, 2019	Filing 5 UN(REDACTED) APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Carol Noe.(rdz) Modified on 2/22/2019 (rdz). (Main Document 5 replaced on 2/22/2019) (rdz).
February 15, 2019	Filing 4 UN(REDACTED)EMERGENCY TEMPORARY INJUNCTION RELIEF. Document filed by Carol Noe.(rdz) Modified on 2/22/2019 (rdz). (Main Document 4 replaced on 2/22/2019) (rdz).
February 15, 2019	Filing 3 UN(REDACTED)MOTION to Seal all legal documents. Document filed by Carol Noe.(rdz) Modified on 2/15/2019 (rdz). Modified on 2/22/2019 (rdz). (Main Document 3 replaced on 2/22/2019) (rdz).
February 15, 2019	Filing 2 (REDACTED)COMPLAINT against Jane Doe 9-5, John Doe 1 to 8, John Militec, Ray Realty, Dejan Zecevic, Julia Zecevic, Zavisa Zecevic. Document filed by Jane Doe. (Attachments: #1 Exhibit, #2 Exhibit)(rdz) (Attachment 1 replaced on 2/21/2019) (arc). (Attachment 1 replaced on 2/21/2019) (arc).
February 15, 2019	Filing 1 UN(REDACTED)REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Carol Noe.(rdz) Modified on 2/22/2019 (rdz). . (Main Document 1 replaced on 2/22/2019) (rdz).
February 15, 2019	Case Designated ECF. (rdz) Modified on 2/15/2019 (rdz).

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Defendant: Ray Realty
Represented By:	Vincent Chirico
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Defendant: John Doe 1 to 8
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Defendant: Jane Doe 9-15
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Defendant: Dejan Zecevic
Represented By:	Vincent Chirico
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Defendant: Julia Zecevic
Represented By:	Vincent Chirico
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Defendant: Zavisa Zecevic
Represented By:	Vincent Chirico
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Defendant: John Militec
Represented By:	Vincent Chirico
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Plaintiff: Jane Doe
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Plaintiff: Carol Noe
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