united states of America v. Atlantic Development Group, LLC et al
| united states of America |
| Peter Fine and Atlantic Development Group, LLC |
| 1:2019cv09551 |
| October 16, 2019 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Robert W Lehrburger |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 |
| None |
Docket Report
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| Filing 31 REPLY MEMORANDUM OF LAW in Support re: #24 SUPPLEMENTAL MOTION to Amend/Correct #22 MOTION to Dismiss The Complaint and, Alternatively, To Strike Paragraphs. ., #22 MOTION to Dismiss The Complaint and, Alternatively, To Strike Paragraphs. . Document filed by Atlantic Development Group, LLC, Peter Fine. (Calkins, Lynn) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #24 SUPPLEMENTAL MOTION to Amend/Correct #22 MOTION to Dismiss The Complaint and, Alternatively, To Strike Paragraphs. ., #22 MOTION to Dismiss The Complaint and, Alternatively, To Strike Paragraphs. . Document filed by united states of America. (Yu, Li) |
| Filing 29 DECLARATION of Li Yu in Opposition re: #22 MOTION to Dismiss The Complaint and, Alternatively, To Strike Paragraphs., #24 SUPPLEMENTAL MOTION to Amend/Correct #22 MOTION to Dismiss The Complaint and, Alternatively, To Strike Paragraphs. .. Document filed by united states of America. (Attachments: #1 Exhibit 1: 7/10/2019 Hearing Transcript, #2 Exhibit 2: Excerpt from Atlantic's Discovery Responses, #3 Exhibit 3: 11/7/2019 Hearing Transcript, #4 Exhibit 4: 1/31/2019 Fine Letter, #5 Exhibit 5: Photographs (Part 1 of 4), #6 Exhibit 5: Photographs (Part 2 of 4), #7 Exhibit 5: Photographs (Part 3 of 4), #8 Exhibit 5: Photographs (Part 4 of 4))(Yu, Li) |
Filing 28
ORDER granting #27 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. Responses due by 11/27/2019 Replies due by 12/4/2019. (Signed by Magistrate Judge Robert W. Lehrburger on 11/22/2019) (cf)
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| Filing 27 LETTER MOTION for Extension of Time to File Response/Reply as to #23 Memorandum of Law in Support of Motion addressed to Magistrate Judge Robert W. Lehrburger from Li Yu dated 11/22/2019. Document filed by united states of America.(Yu, Li) |
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Filing 26
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. See pre-motion conference requirement located in my Individual Practices. All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. Deposition due by 5/7/2020. Fact Discovery due by 5/7/2020. Expert Discovery due by 6/15/2020. Discovery due by 4/6/2020. The parties shall submit a joint status report every 60 day and shall also inform the Court at the time the parties believe a settlement conference would be fruitful. This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend shall be made in a written application in accordance with paragraph 1(E) of the Court's Individual Practices and shall be made no less than two (2) days prior to the expiration of the date sought to be extended. (Signed by Magistrate Judge Robert W. Lehrburger on 11/22/2019) (rj)
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| Filing 25 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Christine N. Walz dated 11/21/19 re: Follow-up of 11/20/19 status conference. Document filed by Atlantic Development Group, LLC. (Attachments: #1 Exhibit A - 7/10/19 Transcript)(Walz, Christine) |
| Filing 24 SUPPLEMENTAL MOTION to Amend/Correct #22 MOTION to Dismiss The Complaint and, Alternatively, To Strike Paragraphs. . Document filed by Atlantic Development Group, LLC, Peter Fine.(Calkins, Lynn) |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss The Complaint and, Alternatively, To Strike Paragraphs. . Document filed by Atlantic Development Group, LLC, Peter Fine. (Calkins, Lynn) |
| Filing 22 MOTION to Dismiss The Complaint and, Alternatively, To Strike Paragraphs. Document filed by Atlantic Development Group, LLC, Peter Fine. Responses due by 11/26/2019 (Attachments: #1 Exhibit A - Declaration of Michael Stolper, #2 Exhibit B - July 10, 2019 hearing transcript, #3 Text of Proposed Order)(Calkins, Lynn) |
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Filing 21
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Paul A. Crotty on 11/7/2019) (rjm)
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| Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 11/7/2019. REMARK: AUSA's Li Yu and Jacob Lillywhite appeared for the government. Christine Walz, and Lynn Calkins appeared for the defendants. The Court set the following expedited briefing schedule: Motion due by November 12, 2019. Response due by November 26, 2019. Reply due by December 3, 2019. This matter is referred to Judge Lehrburger. See transcript for details. (Court Reporter Khristine Sellin) (dgo) |
| Filing 20 NOTICE OF APPEARANCE by Jacob Thomas Lillywhite on behalf of united states of America. (Lillywhite, Jacob) |
| Filing 19 LETTER addressed to Judge Paul A. Crotty from Li Yu, Jacob Lillywhite, and Steven Kochevar dated November 5, 2019 re: the November 7, 2019 Initial Pretrial Conference and the Government's Proposed Civil Case Management Plan and Scheduling Order. Document filed by united states of America. (Attachments: #1 Text of Proposed Order - Proposed Civil Case Management Plan and Scheduling Order)(Kochevar, Steven) |
| Filing 18 LETTER addressed to Judge Paul A. Crotty from Christine N. Walz dated Nov. 5, 2019 re: history of this case and submission of proposed case management order. Document filed by Atlantic Development Group, LLC, Peter Fine. (Attachments: #1 Proposed Case Management Order)(Walz, Christine) |
| Filing 17 LETTER MOTION to Expedite briefing schedule on motion to dismiss the claims against Peter Fine, addressed to Judge Paul A. Crotty from Christine N. Walz dated Nov. 4, 2019. Document filed by Atlantic Development Group, LLC, Peter Fine.(Walz, Christine) |
| Filing 16 LETTER RESPONSE to Motion addressed to Judge Paul A. Crotty from Li Yu/Jacob Lillywhite/Steven Kochevar dated 11/1/2019 re: #12 AMENDED LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Christine N. Walz dated October 25, 2019. . Document filed by united states of America. (Attachments: #1 Exhibit A (part 1 of 4), #2 Exhibit A (part 2 of 4), #3 Exhibit A (part 3 of 4), #4 Exhibit A (part 4 of 4), #5 Exhibit B)(Yu, Li) |
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Filing 15
ORDER granting #14 Motion for Lynn E. Calkins to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Lynn E. Calkins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17863728. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 14 MOTION for Lynn E. Calkins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17863728. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atlantic Development Group, LLC. (Attachments: #1 Declaration of Lynn E. Calkns with Cerificates of Good Standing, #2 Text of Proposed Order)(Calkins, Lynn) |
| Filing 13 LETTER MOTION for Extension of Time to File Response/Reply as to #12 AMENDED LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Christine N. Walz dated October 25, 2019. addressed to Judge Paul A. Crotty from Li Yu dated 2019/10/25. Document filed by united states of America.(Yu, Li) |
| Filing 12 AMENDED LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Christine N. Walz dated October 25, 2019. Document filed by Atlantic Development Group, LLC, Peter Fine.(Walz, Christine) |
| Filing 11 AMENDED LETTER MOTION for Conference addressed to Magistrate Judge James L. Cott from Christine N. Walz dated October 25, 2019. Document filed by Atlantic Development Group, LLC, Peter Fine.(Walz, Christine) |
| Filing 10 LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Christine N. Walz dated October 25, 2019. Document filed by Atlantic Development Group, LLC, Peter Fine.(Walz, Christine) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Peter Fine. (dnh) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Peter Fine, re: #1 Complaint. Document filed by united states of America. (Kochevar, Steven) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Atlantic Development Group, LLC. (dnh) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Unassigned is no longer assigned to the case. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:17-cv-00332-PAC. Notice of Assignment to follow. (wb) |
| Magistrate Judge Robert W. Lehrburger 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 6 REQUEST FOR ISSUANCE OF SUMMONS as to Atlantic Development Group, LLC, re: #1 Complaint. Document filed by united states of America. (Yu, Li) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc) |
| CASE REFERRED TO Judge Paul A. Crotty as possibly related to 17cv332. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Li Yu to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption title and party name must match exactly from the complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Atlantic Development Group, re: #1 Complaint. Document filed by united states of America. (Yu, Li) Modified on 10/17/2019 (pc). |
| Filing 4 LETTER addressed to Judge Paul A. Crotty from Li Yu, Jacob Lillywhite, and Steven Kochevar dated 10/16/2019 re: Related Cases Statement. Document filed by united states of America. (Attachments: #1 Exhibit 1 (Related Cases Statement), #2 Exhibit 2 (2019 FHA Case Complaint), #3 Exhibit 3 (2017 FHA Case Complaint))(Yu, Li) |
| Filing 3 RELATED CASE AFFIRMATION of Li Yu re: that this action be filed as related to 17 Civ. 332 (PAC). Document filed by united states of America.(Yu, Li) |
| Filing 2 CIVIL COVER SHEET filed. (Yu, Li) |
| Filing 1 COMPLAINT against Atlantic Development Group, LLC, Peter Fine. Document filed by united states of America. (Attachments: #1 Appendix 1)(Yu, Li) |
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