Miller v. Cityrealty.com, LLC et al
| Robert Miller |
| Does 1 through 10 inclusive and Cityrealty.com, LLC |
| 1:2019cv10961 |
| November 26, 2019 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
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| Document Text |
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| Filing 17 AFFIDAVIT OF SERVICE of Notice and Rules served on Sue Zouky at The New York State Department and CityRealty.com on 01/21/2020. Service was made by Mail. Document filed by Robert Miller. (Ngo, Rayminh) |
Filing 16
ORDER: This action was filed on November 26, 2019. On December 2, the Court scheduled an initial pretrial conference (IPTC) for February 7, 2020. The Courts Notice of Initial Pretrial Conference included the following language:YOU ARE DIRECTED (i) TO SO NOTIFY ALL ATTORNEYS IN THIS ACTION BY SERVING UPON EACH OF THEM A COPY OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES FORTHWITH, AND (ii) TO FILE PROOF OF SUCH NOTICE WITH THE COURT. IF YOU ARE UNAWARE OF THE IDENTITY OF COUNSEL FOR ANY OF THE PARTIES, YOU MUST FORTHWITH SEND A COPY OF THE NOTICE AND PRACTICES TO THAT PARTY PERSONALLY. On January 7, 2020, plaintiff filed an affidavit indicating that the summons and complaint had been served on the New York Department of State as defendants agent for service of process. On January 17, plaintiff filed a letter motion to adjourn the IPTC. On January 21, plaintiff received a clerks certificate of default as to defendant Cityrealty.com, LLC. At no point did plaintiffs counsel file proof that he had served the required notice of the IPTC on the defendant. Cf. Steeger v. JMS Cleaning Servs. LLC, No. 17cv8013 (DLC), 2018 WL 1136113, at *4 (S.D.N.Y. Feb. 28, 2018) (imposing sanctions for, inter alia, failure to serve a notice of pretrial conference). Accordingly, it is hereby ORDERED that plaintiffs counsel shall, by January 28, 2020, file proof that he has served the December 2 Notice of Initial Pretrial Conference on the defendant, or a letter explaining his failure to do so. IT IS FURTHER ORDERED that plaintiffs January 17 letter motion to adjourn the February 7 initial pretrial conference is DENIED. (Signed by Judge Denise L. Cote on 1/21/2020) (gr)
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| Filing 15 CLERK'S CERTIFICATE OF DEFAULT as to CITYREALTY.COM, LLC, issued January 21, 2020. (dt) |
| Filing 14 LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Rayminh L. Ngo dated 01/17/2020. Document filed by Robert Miller.(Ngo, Rayminh) |
| Filing 13 DECLARATION of Rayminh L. Ngo in Support. Document filed by Robert Miller. (Attachments: #1 Request for Certificate of Default)(Ngo, Rayminh) |
| Filing 12 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Robert Miller. (Ngo, Rayminh) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Rayminh Ngo. RE-FILE Document No. #11 Proposed Clerk's Certificate of Default The filing is deficient for the following reason(s): The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed clerk's certificate of default is the wrong document; the proposed clerk's certificate of default does not list the filed date of the complaint; the proposed clerk's certificate of default does not lists the name of the Person who was personally served (Same as in Affidavit Nancy Dougherty Authorized Agent in the Office of the Secretary of State of the State of New York); the proposed clerk's certificate of default does not list the date the party(ies) was/were served; the proposed clerk's certificate of default does not list the filed date of the proof of service; Use the Form on the Court's Website, then Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, then separately file the Declaration with the Request for Certificate of Default, using the event type Declaration in Support of a Non-Motion found under the event list other answers. Do not Re-file the Clerk's entry of Default, it is not required, and it will not be signed, once the Clerk's Certificate of Default is signed by the Clerk, and entered on the Docket, that is the entry of Default (dt) |
| Filing 11 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Robert Miller. (Attachments: #1 Declaration of Rayminh L. Ngo in Support of Plaintiff's Request for Entry of Default, #2 Proposed Entry of Default, #3 Proposed Certificate of Default) (Ngo, Rayminh) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/16/2020 (dt). |
| Filing 10 SUMMONS RETURNED EXECUTED. Cityrealty.com, LLC served on 12/23/2019, answer due 1/13/2020. Service was accepted by Sue Zouky, Business Document Specialist. Document filed by Robert Miller. (Ngo, Rayminh) |
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Filing 9
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/7/2020 at 10:30 AM in Courtroom 18B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote, and as further set forth in this Order. (Signed by Judge Denise L. Cote on 12/2/2019) (rjm)
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| Filing 8 COMPLAINT against Cityrealty.com, LLC, Does 1 through 10 inclusive. (Filing Fee $ 400.00, Receipt Number ANYSDC-18161996)Document filed by Robert Miller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ngo, Rayminh) |
| Filing 7 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (pne) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Cityrealty.com, LLC. (pne) |
| Case Designated ECF. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pne) |
| Magistrate Judge James L. Cott 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rayminh L Ngo. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rayminh L Ngo to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint 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. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne) |
| Filing 5 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Ngo, Rayminh) |
| Filing 4 NOTICE of Interested Parties. Document filed by Robert Miller. (Ngo, Rayminh) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Cityrealty.com, LLC, re: #1 Complaint. Document filed by Robert Miller. (Ngo, Rayminh) |
| Filing 2 CIVIL COVER SHEET filed. (Ngo, Rayminh) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Robert Miller. (Filing Fee $ 400.00, Receipt Number ANYSDC-18157155)Document filed by Robert Miller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ngo, Rayminh) Modified on 11/27/2019 (pne). |
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