Scher et al v. Turin Housing Development Fund, Company, Inc. et al
| Avra Akagi Scher and John Sohei Akagi |
| Linda Burstion, Ronald Misa, Maureen Berlings-Minsky, Harvey Minsky, Turin Housing Development Fund, Co., Inc., Evelyn Rivera, Merce Williams, Goldstein James, James Goldstein and Turin Housing Development Fund Company, Inc. |
| 1:2019cv02089 |
| March 6, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Accommodations |
| 42 U.S.C. § 1981 |
| Plaintiff |
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Filing 22
ORDER STAYING CASE granting #18 Letter Motion to Stay. On May 2, 2019, the Court held an initial conference in the above captioned case. The parties advised the Court of the ongoing proceeding, Scher v. Turin Housing Development Fund Co., Inc., et al, No. 155267/2018, in New York County Supreme Court before Justice Louis L. Nock (the State Court Action). In the State Court Action, the parties are currently awaiting decision on two pending motions. The Court has reviewed the prior decision of Justice Arlene P. Bluth in the State Court Action and has spoken with the Chambers of Justice Nock regarding the pending motions. Based on these discussions with Chambers, the Court finds that a stay of no more than ninety (90) days is appropriate to allow for developments in the State Court Action that may affect the proceedings in this case. Accordingly, the case is hereby STAYED for the earlier of 90 days or further order of this Court. The parties are ORDERED to file a joint letter informing the Court within one week of the issuance of any opinions or orders in the State Court Action. The Clerk of Court is directed to terminate the motion at docket entry 18. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/3/2019) (rro)
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| Case Stayed. (rro) |
| Filing 21 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Mark H. Bierman dated May 1, 2019 re: #18 LETTER MOTION to Stay Discovery pending resolution of summary proceeding to enforce Settlement Agreement addressed to Judge Katherine Polk Failla from Tom M. Fini dated April 26, 2018. . Document filed by Avra Akagi Scher. (Attachments: #1 Exhibit 1 letter 6-28-18, #2 Exhibit 2 letter 12-11-18)(Bierman, Mark) |
| Filing 20 NOTICE OF APPEARANCE by Jacques Catafago on behalf of Maureen Berlings-Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Maureen Berlings-Minsky(Individually), Linda Burstion(Individually), Linda Burstion(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), James Goldstein(Individually), James Goldstein(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Harvey Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Harvey Minsky (Individually), Ronald Misa(Individually), Ronald Misa(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Evelyn Rivera(Individually), Evelyn Rivera(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Turin Housing Development Fund Company, Inc., Merce Williams(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Merce Williams(Individually). (Catafago, Jacques) |
| Filing 19 NOTICE OF APPEARANCE by Adam Brad Sherman on behalf of Maureen Berlings-Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Maureen Berlings-Minsky(Individually), Linda Burstion(Individually), Linda Burstion(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), James Goldstein(Individually), James Goldstein(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Harvey Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Harvey Minsky (Individually), Ronald Misa(Individually), Ronald Misa(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Evelyn Rivera(Individually), Evelyn Rivera(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Turin Housing Development Fund Company, Inc., Merce Williams(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Merce Williams(Individually). (Sherman, Adam) |
| Filing 18 LETTER MOTION to Stay Discovery pending resolution of summary proceeding to enforce Settlement Agreement addressed to Judge Katherine Polk Failla from Tom M. Fini dated April 26, 2018. Document filed by Maureen Berlings-Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Linda Burstion(Individually), James Goldstein(Individually), Harvey Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Ronald Misa(Individually), Evelyn Rivera(Individually), Turin Housing Development Fund Company, Inc., Merce Williams(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.).(Fini, Tom) |
| Filing 17 RESPONSE re: #13 Letter,,,,,, . Document filed by Avra Akagi Scher. (Attachments: #1 Exhibit A 11-13-17 Letter, #2 Exhibit B 12-19-17 Letter, #3 Exhibit C 1-10-18 Letter, #4 Exhibit D 1-22-18 email, #5 Exhibit E 1-29-18 email, #6 Exhibit F 2-14-8 Letter, #7 Exhibit G 2-22-18 Letter, #8 Exhibit H 2-22-18 email, #9 Exhibit I 3-7-18 Letter, #10 Exhibit J 3-7-18 emails, #11 Exhibit K 4-11-18 Letter, #12 Exhibit L 4-11-18 email, #13 Exhibit M 5-10-18 Letter)(Bierman, Mark) |
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Filing 16
ORDER denying #14 Letter Motion for Leave to File Excess Pages. The Court is in receipt of a letter from Defendants, requesting leave to file a motion to enforce a settlement agreement between the parties and for a referral of this case to the assigned magistrate judge. (Dkt. #13). The Court has also received a letter from Plaintiffs, requesting leave to file excess pages in a response letter, as well as a response in opposition from Defendants. (Dkt. #14, 15). Plaintiffs' request for leave to file excess pages is DENIED. The pre-motion letter is intended to succinctly summarize a party's position not provide the entirety of a party's case. Plaintiff is instructed to file their letter motion in response to Plaintiffs initial letter on or before March 27, 2019. The initial pretrial conference scheduled for May 2, 2019, will hereby include a pre-motion conference on Defendants' anticipated motion. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/22/2019) (rro)
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| Filing 15 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Tom M. Fini dated March 22, 2019 re: #14 FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine Polk Failla from Mark H. Bierman dated March 22, 2019. . Document filed by Maureen Berlings-Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Linda Burstion(Individually), James Goldstein(Individually), Harvey Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Ronald Misa(Individually), Evelyn Rivera(Individually), Turin Housing Development Fund Company, Inc., Merce Williams(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.). (Fini, Tom) |
| Filing 14 FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine Polk Failla from Mark H. Bierman dated March 22, 2019. Document filed by John Sohei Akagi.(Bierman, Mark) |
| Set/Reset Deadlines: Motions due by 3/27/2019. (rro) |
| Filing 13 LETTER addressed to Judge Katherine Polk Failla from Tom M. Fini dated March 20, 2019 re: Leave to File Motion to Enforce Settlement Agreement. Document filed by Maureen Berlings-Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Maureen Berlings-Minsky(Individually), Linda Burstion(Individually), Linda Burstion(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), James Goldstein(Individually), James Goldstein(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Harvey Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Harvey Minsky (Individually), Ronald Misa(Individually), Ronald Misa(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Evelyn Rivera(Individually), Evelyn Rivera(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Turin Housing Development Fund Company, Inc., Merce Williams(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Merce Williams(Individually). (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)(Fini, Tom) |
| Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/2/2019 at 11:30 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 3/12/2019) (rro) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by James Goldstein(Individually), Ronald Misa(Individually), Ronald Misa(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Turin Housing Development Fund Company, Inc., Linda Burstion(Individually), Harvey Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), James Goldstein(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Evelyn Rivera(Individually), Merce Williams(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Merce Williams(Individually), Maureen Berlings-Minsky(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Linda Burstion(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.), Maureen Berlings-Minsky(Individually), Evelyn Rivera(as Current or Former Board Member of the Board of Directors and/or Officer of Turin Housing Development Fund Company, Inc.). (Catafago, Jacques) |
| Filing 10 AFFIDAVIT OF SERVICE. Turin Housing Development Fund Company, Inc. served on 3/5/2019, answer due 3/26/2019. Service was accepted by NYS Secretary of State. Document filed by John Sohei Akagi. (Bierman, Mark) |
| 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. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Gregory H. Woods is no longer assigned to the case. (ma) |
| CASE ACCEPTED AS RELATED. Create association to 1:13-cv-05258-KPF. Notice of Assignment to follow. (ma) |
| Filing 9 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 151173/2019..Document filed by James Goldstein(Individually), Ronald Misa(Individually), Turin Housing Development Fund Company, Inc., Linda Burstion(Individually), Evelyn Rivera(Individually), Merce Williams(Individually), Harvey Minsky (Individually), Maureen Berlings-Minsky(Individually). (Attachments: #1 Exhibit A, #2 Exhibit B)(Fini, Tom) |
| Filing 8 DEMAND for Trial by Jury. Document filed by Avra Akagi Scher(Bierman, Mark) |
| Filing 7 NOTICE OF APPEARANCE by Mark H. Bierman on behalf of Avra Akagi Scher. (Bierman, Mark) |
| Filing 6 NOTICE OF APPEARANCE by Mark H. Bierman on behalf of John Sohei Akagi. (Bierman, Mark) |
| Magistrate Judge Kevin Nathaniel Fox 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tom M. Fini. The party information for the following party/parties has been modified: Turin Housing Development Fund Company, Inc.; Merce Williams; Maureen Berlings-Minsky; Ronald Misa; James Goldstein; Evelyn Rivera; Linda Burstion; Harvey Minsky. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Ronald Misa, James Goldstein, Evelyn Rivera, Maureen Berlings-Minsky, Harvey Minsky, Merce Williams, Linda Burstion added. Party added pursuant to #1 Notice of Removal,.Document filed by James Goldstein, Ronald Misa, Turin Housing Development Fund Company, Inc., Linda Burstion, Evelyn Rivera, Merce Williams, Harvey Minsky, Maureen Berlings-Minsky, Ronald Misa, James Goldstein, Evelyn Rivera, Maureen Berlings-Minsky, Harvey Minsky, Merce Williams, Linda Burstion. Related document: #1 Notice of Removal,.(Fini, Tom) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tom M. Fini to RE-FILE re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF (you must add the parties again in their additional capacity); the wrong filer/filers were selected for the pleading due to party modification. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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. (sj) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 13-cv-5258. Document filed by Maureen Berlings-Minsky, Linda Burstion, Goldstein James, Harvey Minsky, Ronald Misa, Evelyn Rivera, Turin Housing Development Fund, Co., Inc., Merce Williams.(Fini, Tom) |
| Filing 4 AFFIDAVIT OF SERVICE of Notice of Removal and Attachments served on Plaintiffs on March 6, 2019. Service was made by Mail. Document filed by Maureen Berlings-Minsky, Linda Burstion, Goldstein James, Harvey Minsky, Ronald Misa, Evelyn Rivera, Turin Housing Development Fund, Co., Inc., Merce Williams. (Fini, Tom) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Turin Housing Development Fund, Co., Inc..(Fini, Tom) |
| Filing 2 CIVIL COVER SHEET filed. (Fini, Tom) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 151173/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16453943).Document filed by Ronald Misa, Turin Housing Development Fund, Co., Inc., Goldstein James, Linda Burstion, Evelyn Rivera, Merce Williams, Harvey Minsky, Maureen Berlings-Minsky. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fini, Tom) Modified on 3/7/2019 (sj). |
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