Hyman v. Fabbri et al
| Sydney Hyman |
| Andrew Fabbri, Jessica Cohen and Jessica Fabbri |
| 1:2019cv10506 |
| November 12, 2019 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Real Property: Other |
| 28 U.S.C. § 1332 nr |
| Defendant |
Docket Report
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Filing 28
ORDER TO SHOW CAUSE FOR DEFAULT: It is hereby ORDERED that: 1. On February 19, 2020, at 2:00 p.m. in Courtroom 15D, 500 Pearl Street, New York, New York, 10007, Defendants shall appear to show cause why the Court should not enter default judgments against them pursuant to Rule 55(b) of the Federal Rules of Civil Procedure and Local Civil Rule 55.2. Plaintiff shall also appear. 2. By January 14, 2020, Plaintiff shall serve copies of this Order to Show Cause and the Supporting Papers at ECF Nos. 23- 27 by personal service upon Defendants. 3. By January 22, 2020, Plaintiff shall file on the docket (1) proofs of service, and (2) the Supporting Papers that were served upon Defendants (as an attachment to the proofs of service). 4. By February 4, 2020 Defendants shall respond to Plaintiff's motion. 5. By February 11, 2020, Plaintiff shall submit her reply, if any. This order does not affect any deadlines or conferences previously scheduled by the Court. Show Cause Hearing set for 2/19/2020 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/7/2020) (mro)
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| Set/Reset Deadlines: Responses due by 2/4/2020 Replies due by 2/11/2020. (mro) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #23 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #27 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Filing 27 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Sydney Hyman. (Freudenberg, Michael) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 26 MEMORANDUM OF LAW in Support re: #24 Declaration in Support, #23 Proposed Order to Show Cause Without Emergency Relief, #25 Declaration in Support . Document filed by Sydney Hyman. (Freudenberg, Michael) |
| Filing 25 DECLARATION of Sydney Hyman in Support re: #24 Declaration in Support, #23 Proposed Order to Show Cause Without Emergency Relief. Document filed by Sydney Hyman. (Freudenberg, Michael) |
| Filing 24 DECLARATION of Michael W. Freudenberg in Support re: #23 Proposed Order to Show Cause Without Emergency Relief. Document filed by Sydney Hyman. (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, #11 Exhibit K, #12 Exhibit L)(Freudenberg, Michael) |
| Filing 23 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Sydney Hyman. (Freudenberg, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 22 CLERK'S CERTIFICATE OF DEFAULT as to Andrew Fabbri and Jessica Cohen a/k/a Jessica Fabbri, issued January 2, 2020. (dt) |
| Filing 21 AFFIRMATION of Michael W. Freudenberg in Support re: #19 Proposed Clerk's Certificate of Default. Document filed by Sydney Hyman. (Attachments: #1 Affidavit Affirmation in Support of Request for Certificate of Default)(Freudenberg, Michael) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Freudenberg to RE-FILE Document #20 Affidavit in Support. Use the event type Affirmation in Support of a Non-Motion found under the event list Other Answers. (dt) |
| Filing 20 B> FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Michael W. Freudenberg in Support re: #19 Proposed Clerk's Certificate of Default. Document filed by Sydney Hyman. (Attachments: #1 Affidavit Affirmation in Support of Request for Certificate of Default)(Freudenberg, Michael) Modified on 1/2/2020 (dt). |
| Filing 19 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Sydney Hyman. (Freudenberg, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 18 AFFIDAVIT OF SERVICE of Summons, Complaint, Amended Complaint, and Notice of Commencement of Action Subject to Mandatory Electronic Filing served on Jessica Cohen on December 30, 2019. Service was made by MAIL. Document filed by Sydney Hyman. (Freudenberg, Michael) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons, Complaint, Amended Complaint, and Notice of Commencement of Action Subject to Mandatory Electronic Filing served on Andrew Fabbri on December 30, 2019. Service was made by MAIL. Document filed by Sydney Hyman. (Freudenberg, Michael) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons, Complaint, Amended Complaint, and Notice of Commencement of Action Subject to Mandatory Electronic Filing served on Jessica Cohen on December 13, 2019. Service was made by NAIL and MAIL. Document filed by Sydney Hyman. (Freudenberg, Michael) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons, Complaint, Amended Complaint, and Notice of Commencement of Action Subject to Mandatory Electronic Filing served on Andrew Fabbri on December 13, 2019. Service was made by NAIL and MAIL. Document filed by Sydney Hyman. (Freudenberg, Michael) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons, Amended Complaint, and Notice of Commencement served on Jessica Cohen on October 10, 2019. Service was made by NAIL & MAIL (as efiled in State Court Action). Document filed by Sydney Hyman. (Freudenberg, Michael) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons, Amended Complaint, and Notice of Commencement served on Andrew Fabbri on October 10, 2019. Service was made by NAIL & MAIL (as efiled in State Court Action). Document filed by Sydney Hyman. (Freudenberg, Michael) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons, Amended Complaint, and Notice of Commencement served on Jessica Cohen on October 10, 2019. Service was made by NAIL and MAIL. Document filed by Sydney Hyman. (Freudenberg, Michael) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons, Amended Complaint, Notice of Commencement served on Andrew Fabbri on October 10, 2019. Service was made by NAIL and MAIL. Document filed by Sydney Hyman. (Freudenberg, Michael) |
| Filing 10 NOTICE OF APPEARANCE by Michael Walter Freudenberg on behalf of Sydney Hyman. (Freudenberg, Michael) |
| Filing 9 NOTICE OF APPEARANCE by Kevin James Harrington on behalf of Sydney Hyman. (Harrington, Kevin) |
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Filing 8
ORDER denying without prejudice to renewal #6 Letter Motion for Leave to File Document. DENIED without prejudice to renewal. Plaintiff may refile his motion after obtaining a Certificate of Default from the Clerk of Court. Plaintiff may also request leave to serve Defendants by alternative service. Such a request should include caselaw supporting why doing so in this case would be proper. (Signed by Judge Analisa Torres on 12/26/2019) (cf)
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| Filing 7 REPLY MEMORANDUM OF LAW in Opposition re: #6 LETTER MOTION for Leave to File default motion against the Defendants, as well as certain alternative relief addressed to Judge Analisa Torres from Kevin J. Harrington dated December 17, 2019. . Document filed by Sydney Hyman. (Kasell, David) |
| Filing 6 LETTER MOTION for Leave to File default motion against the Defendants, as well as certain alternative relief addressed to Judge Analisa Torres from Kevin J. Harrington dated December 17, 2019. Document filed by Sydney Hyman.(Harrington, Kevin) |
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Filing 5
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 1/21/2020 at 10:40 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 12/6/2019) (cf)
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Filing 4
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 12/6/2019) (cf)
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| Filing 3 CIVIL COVER SHEET filed. (Kasell, David) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Kasell, David) Modified on 11/13/2019 (dnh). |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 158700/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-18050399).Document filed by Andrew Fabbri. (Attachments: #1 Exhibit Exhibit 1 Summons, Complaint, and Amended Complaint, #2 Exhibit Exhibit 2 Affidavits of Service, #3 Civil Cover Sheet)(Kasell, David) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney David Michael Kasell. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Michael Kasell. The party information for the following party/parties has been modified: Sydney Hyman, Andrew Fabbri, Jessica Cohen. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Michael Kasell. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 110 (Insurance); Jury Demand code n (None); Arbitration code e (Exempt); County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 290 (Real Property: Other); the Jury Demand code has been modified to d (Defendant); the Arbitration code has been deleted; the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Michael Kasell to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Sarah L. Cave 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. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (dnh) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney David Michael Kasell to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 11/18/2019. (dnh) |
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