Farmer v. Law Office Weiner & Weiner, LLC et al
| Richard Farmer |
| Paul I. Weiner, Esquire, LLC, Budd Larner, Paul Ivan Weiner, Esq., Kevin T. Coughlin, Esq., C.E.O. Mark D. Larner, Esq., C.E.O. Peter John Frazza, Esq., Law Office Weiner & Weiner, LLC, C.E.O. Henry A. Larner, Esq., Law Offices of Coughlin Duffy, LLP, Timothy I. Duffy, Esq., C.E.O. Susan Reach Winters, Esq., Joshua Lawrence Weiner, Esq. and C.E.O. Mitchell Rait, Esq. |
| 1:2019cv07115 |
| July 30, 2019 |
| US District Court for the Southern District of New York |
| George B Daniels |
| Ona T Wang |
| Other Fraud |
| 28 U.S.C. § 1331 fr |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 36 LETTER REPLY to Response to Motion addressed to Magistrate Judge Ona T. Wang from Lisa L. Shrewsberry dated January 13, 2020 re: #16 JOINT MOTION to Dismiss Pro Se Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). . Document filed by Law Office Weiner & Weiner, LLC, Paul I. Weiner, Esquire, LLC, Joshua Lawrence Weiner, Esq, Paul Ivan Weiner, Esq. (Attachments: #1 Affidavit Certificate of Service)(Shrewsberry, Lisa) |
| Filing 35 REPLY to Response to Motion re: #30 MOTION to Dismiss Pro se Plaintiff's Complaint Pursuant to FRCP 12(b)(1) and 12(b)(6). . Document filed by Budd Larner. (Labbate, Kenneth) |
| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss Plaintiff's Complaint for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). . Document filed by Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Law Offices of Coughlin Duffy, LLP. (Attachments: #1 Certification of Service)(Silver, Mark) |
| Filing 33 PLAINTIFF'S MOTION(Response)IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS, re: #30 MOTION to Dismiss Pro se Plaintiff's Complaint Pursuant to FRCP 12(b)(1) and 12(b)(6). Document filed by Richard Farmer. (sc) |
| Filing 32 MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss Pro se Plaintiff's Complaint Pursuant to FRCP 12(b)(1) and 12(b)(6). . Document filed by Budd Larner. (Labbate, Kenneth) |
| Filing 31 DECLARATION of Philip C. Chronakis in Support re: #30 MOTION to Dismiss Pro se Plaintiff's Complaint Pursuant to FRCP 12(b)(1) and 12(b)(6).. Document filed by Budd Larner. (Labbate, Kenneth) |
| Filing 30 MOTION to Dismiss Pro se Plaintiff's Complaint Pursuant to FRCP 12(b)(1) and 12(b)(6). Document filed by Budd Larner.(Labbate, Kenneth) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kenneth Michael Labbate to RE-FILE Document #29 Memorandum of Law in Support of Motion. ERROR(S): Document(s) linked to filing error. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kenneth Michael Labbate to RE-FILE Document #28 MOTION to Dismiss Pro se Plaintiff's Complaint Pursuant to FRCP 12(b)(1) and 12(b)(6). ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. First refile Motion, then file and link any supporting documents. (db) |
| Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Pro se Plaintiff's Complaint Pursuant to FRCP 12(b)(1) and 12(b)(6). . Document filed by Budd Larner. (Labbate, Kenneth) Modified on 12/26/2019 (db). |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Pro se Plaintiff's Complaint Pursuant to FRCP 12(b)(1) and 12(b)(6). Document filed by Budd Larner. (Attachments: #1 Affidavit Philip C. Chronakis, #2 Memorandum of Law)(Labbate, Kenneth) Modified on 12/26/2019 (db). |
| Filing 27 NOTICE OF APPEARANCE by Kenneth Michael Labbate on behalf of Budd Larner. (Labbate, Kenneth) |
| Filing 26 NOTICE OF APPEARANCE by Deanna Marie Manzo on behalf of Budd Larner. (Manzo, Deanna) |
| Mailed a copy of #25 Order, Set Motion and R&R Deadlines/Hearings, to Richard Farmer 136-20 38th Ave. #3D Flushing, NY 11354. (vba) |
Filing 25
ORDER: On September 16, 2019, Defendants Coughlin Duffy LLP; Kevin T. Coughlin, Esq.; and Timothy Duffy, Esq. filed a motion to dismiss. (ECF 14). On September 20, 2019, Defendants Law Offices of Weiner & Weiner, LLC; Paul Weiner, Esq.; Paul Ivan Weiner, Esq.; and Joshua Lawrence Weiner, Esq. joined in that motion. (ECF 16). To date, Plaintiff, proceeding pro se, has not filed an opposition to the motions to dismiss. Accordingly, Plaintiff shall file his opposition to the motions to dismiss by January 6, 2020. Replies, if any, are due January 13, 2020. Failure to file an opposition may result in the Court considering the motions unopposed. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. Set Deadlines/Hearing as to #14 MOTION to Dismiss Plaintiff's Complaint for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6)., #16 JOINT MOTION to Dismiss Pro Se Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). :( Responses due by 1/6/2020, Replies due by 1/13/2020.) (Signed by Magistrate Judge Ona T. Wang on 12/6/2019) (rro) Transmission to Docket Assistant Clerk for processing.
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| Filing 24 AMENDED LETTER addressed to Magistrate Judge Ona T. Wang from Mark K. Silver, Esq. dated November 5, 2019 re: Coughlin Duffy Defendants' Motion to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 129b)(1) and Fed. R. Civ. P. 12(b)(6) correcting method of notice to Plaintiff. Document filed by Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Law Offices of Coughlin Duffy, LLP.(Silver, Mark) |
| Filing 23 LETTER addressed to Magistrate Judge Ona T. Wang from Mark K. Silver, Esq. dated November 5, 2019 re: Coughlin Duffy Defendants' Motion to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). Document filed by Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Law Offices of Coughlin Duffy, LLP.(Silver, Mark) |
| Filing 22 LETTER addressed to Magistrate Judge Ona T. Wang from Mark K. Silver, Esq. dated October 8, 2019 re: Amended Certification of Service to Coughlin Duffy Defendants' Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim. Document filed by Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Law Offices of Coughlin Duffy, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Silver, Mark) |
| Filing 21 CERTIFICATE OF SERVICE of Coughlin Duffy Defendants' Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim served on Plaintiff, Richard Farmer on September 17, 2019 and October 8, 2019. Service was made by E-Mail and UPS Overnight Mail. Document filed by Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Law Offices of Coughlin Duffy, LLP. (Silver, Mark) |
| Filing 20 MEMO ENDORSEMENT on re: #17 Letter, filed by Henry A. Larner, Esq., Susan Reach Winters, Esq., Mitchell Rait, Esq., Mark D. Larner, Esq., Budd Larner, Peter John Frazza, Esq. ENDORSEMENT: The Court does not provide advisory opinions or legal advice on how to proceed with litigation. The Budd Larner Defendants are encouraged to meet and confer with Plaintiff. (Signed by Magistrate Judge Ona T. Wang on 10/4/2019) (mro) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter, filed by Kevin T. Coughlin, Esq., Timothy I. Duffy, Esq., Law Offices of Coughlin Duffy, LLP. ENDORSEMENT: The Court notes that the affidavit of service (ECF 14-3) fails to show service of the motion papers on the pro se Plaintiff, who has not signed up for ECF notifications in this matter. Accordingly, Defendants shall file a proper affidavit of service by October 11, 2019. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/4/2019) (rro)
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| Filing 18 LETTER addressed to Magistrate Judge Ona T. Wang from Mark K. Silver, Esq. dated October 3, 2019 re: Coughlin Duffy Defendants' Motion to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). Document filed by Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Law Offices of Coughlin Duffy, LLP.(Silver, Mark) |
| Filing 17 LETTER addressed to Magistrate Judge Ona T. Wang from Kenneth M. Labbate dated September 25, 2019 re: Motions to Dismiss filed by the Coughlin Duffy Defendants on September 16, 2019 (ECF#14) and the Weiner Defendants on September 20, 2019 (ECF#16). Document filed by Peter John Frazza, Esq, Budd Larner, Henry A. Larner, Esq, Mark D. Larner, Esq, Mitchell Rait, Esq, Susan Reach Winters, Esq.(Labbate, Kenneth) |
| Filing 16 JOINT MOTION to Dismiss Pro Se Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). Document filed by Law Office Weiner & Weiner, LLC, Paul I. Weiner, Esquire, LLC, Joshua Lawrence Weiner, Esq, Paul Ivan Weiner, Esq. (Attachments: #1 Certificate of Service)(Shrewsberry, Lisa) |
| Filing 15 NOTICE OF APPEARANCE by Lisa Lynn Shrewsberry on behalf of Law Office Weiner & Weiner, LLC, Paul I. Weiner, Esquire, LLC, Joshua Lawrence Weiner, Esq, Paul Ivan Weiner, Esq. (Attachments: #1 Certificate of Service)(Shrewsberry, Lisa) |
| Filing 14 MOTION to Dismiss Plaintiff's Complaint for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). Document filed by Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Law Offices of Coughlin Duffy, LLP. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim, #2 Text of Proposed Order, #3 Certification of Service)(Silver, Mark) |
| Filing 13 LETTER addressed to Magistrate Judge Ona T. Wang from Mark K. Silver, Esq. dated September 16, 2019 re: Motion to Dismiss Plaintiff's Complaint For Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). Document filed by Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Law Offices of Coughlin Duffy, LLP.(Silver, Mark) |
| Filing 12 NOTICE OF APPEARANCE by Mark Kenneth Silver on behalf of Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Law Offices of Coughlin Duffy, LLP. (Silver, Mark) |
| Filing 11 LETTER addressed to Magistrate Judge Ona T. Wang from Kenneth M. Labbate dated September 5, 2019 re: Letter submitted by Lisa L. Shrewsberry on behalf of certain entities listed as defendants in the Complaint. Document filed by Peter John Frazza, Esq, Budd Larner, Henry A. Larner, Esq, Mark D. Larner, Esq, Mitchell Rait, Esq, Susan Reach Winters, Esq. (Attachments: #1 Exhibit 1. August 26, 2019 Email from D. Manzo to R. Farmer regarding service of subpoena)(Labbate, Kenneth) |
| Filing 10 LETTER MOTION for Conference addressed to Magistrate Judge Ona T. Wang from Lisa L. Shrewsberry dated September 4, 2019. Document filed by Law Office Weiner & Weiner, LLC, Paul I. Weiner, Esquire, LLC, Joshua Lawrence Weiner, Esq, Paul Ivan Weiner, Esq. (Attachments: #1 Exhibit Exhibit A - Certificate of Dissolution and Termination)(Shrewsberry, Lisa) |
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Filing 9
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 George B. Daniels on 8/27/2019) (ks)
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Filing 8
PRO SE PRETRIAL CONFERENCE NOTICE: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate Judge Ona T. Wang for the purposes of Case Management and Scheduling pursuant to Federal Rule Civil Procedure 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures. If you are unaware of the identity of counsel for any of the parties, you must send a copy of the notice and rules to that party personally. All correspondence to the Court should be addressed to the chambers of Magistrate Judge Ona T. Wang and submitted to the Pro Se Intake Unit, located in the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007 telephone (212) 805-0175. Any procedural questions by Pro Se plaintiff should be addressed to the Office of Pro Se Intake Unit at (212) 805-0175. (Signed by Judge George B. Daniels on 8/8/2019) (jwh)
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| Filing 7 LETTER addressed to Judge George B. Daniels from R. Farmer, dated 8/21/19 re: PLAINTIFF'S RESPONSE: OBJECTION TO DEFENDANTS' ANSWER DATED 8/20/19 - PLAINTIFF SUPPLIES ADDITIONAL EVIDENCE IN SUPPORT. Document filed by Richard Farmer.(sc) |
| Filing 6 LETTER addressed to Judge George B. Daniels from Kenneth M. Labbate dated August 20, 2019 re: Request to dismiss action sua sponte, or, in the alternative, schedule a court conference. Document filed by Peter John Frazza, Esq, Budd Larner, Henry A. Larner, Esq, Mark D. Larner, Esq, Mitchell Rait, Esq, Susan Reach Winters, Esq.(Labbate, Kenneth) |
| Filing 5 LETTER addressed to Judge George B. Daniels from Mark K. Silver on behalf of Coughlin Duffy LLP and its attorneys dated 08/20/19 re: Plaintiff's Complaint, Lack of Proper Service, and any attempt to enter default. Document filed by Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Law Offices of Coughlin Duffy, LLP, Paul I. Weiner, Esquire, LLC, Joshua Lawrence Weiner, Esq.(Silver, Mark) |
| NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:17-cv-09300-GBD-OTW. Notice of Assignment to follow. (wb) |
| 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) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:17-cv-09300-GBD-OTW. Document filed by Richard Farmer. (sac) |
| Filing 2 CIVIL COVER SHEET filed. (sac) |
| Filing 1 COMPLAINT against Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Peter John Frazza, Esq, Budd Larner, Henry A. Larner, Esq, Mark D. Larner, Esq, Law Office Weiner & Weiner, LLC, Law Offices of Coughlin Duffy, LLP, Paul I. Weiner, Esquire, LLC, Mitchell Rait, Esq, Joshua Lawrence Weiner, Esq, Paul Ivan Weiner, Esq, Susan Reach Winters, Esq. (Filing Fee $ $400.00, Receipt Number 465401240932) Document filed by Richard Farmer. (sac) |
| Case Designated ECF. (sac) |
| SUMMONS ISSUED as to Kevin T. Coughlin, Esq, Timothy I. Duffy, Esq, Peter John Frazza, Esq, Budd Larner, Henry A. Larner, Esq, Mark D. Larner, Esq, Law Office Weiner & Weiner, LLC, Law Offices of Coughlin Duffy, LLP, Paul I. Weiner, Esquire, LLC, Mitchell Rait, Esq, Joshua Lawrence Weiner, Esq, Paul Ivan Weiner, Esq, Susan Reach Winters, Esq. (sac) |
| CASE REFERRED TO Judge George B. Daniels as possibly related to 1:17-cv-09300-GBD-OTW. (sac) |
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