C.C.M.S. v. Oxford Realty & Holdings LLC et al
Plaintiff: C.C.M.S. and C.C.M.S. doing business as Community Counseling and Mediation Services
Defendant: Maxime Touton, Marc Paturet, Joseph Grill, Oxford Realty & Holdings LLC, Nigel Shamash, West 27th St. Realty Inc. and F. Michael Conte
Case Number: 1:2020cv03429
Filed: May 1, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Naomi Reice Buchwald
Referring Judge: Paul A Crotty
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1982 ra Discrimination re property rights (race)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2023 Opinion or Order Filing 119 REPLY MEMORANDUM OF LAW in Support re: #92 MOTION for Summary Judgment . . Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Gefell, Andrew)
August 31, 2023 Opinion or Order Filing 118 REPLY MEMORANDUM OF LAW in Support re: #105 MOTION for Summary Judgment by Defendant Marc Paturet. . Document filed by Marc Paturet..(Case, Michael)
August 1, 2023 Opinion or Order Filing 117 LETTER addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated August 1, 2023 re: Plaintiff's Opposition to Defendants' Motions for Summary Judgment. Document filed by C.C.M.S...(Turner, Tara)
August 1, 2023 Opinion or Order Filing 116 MEMORANDUM OF LAW in Opposition re: #105 MOTION for Summary Judgment by Defendant Marc Paturet. . Document filed by C.C.M.S...(Turner, Tara)
August 1, 2023 Opinion or Order Filing 115 COUNTER STATEMENT TO #106 Rule 56.1 Statement. Document filed by C.C.M.S...(Turner, Tara)
August 1, 2023 Opinion or Order Filing 114 AFFIDAVIT of Robert King in Opposition re: #92 MOTION for Summary Judgment ., #105 MOTION for Summary Judgment by Defendant Marc Paturet.. Document filed by C.C.M.S...(Turner, Tara)
August 1, 2023 Opinion or Order Filing 113 AFFIDAVIT of Emory X. Brooks in Opposition re: #92 MOTION for Summary Judgment ., #105 MOTION for Summary Judgment by Defendant Marc Paturet.. Document filed by C.C.M.S...(Turner, Tara)
August 1, 2023 Opinion or Order Filing 112 DECLARATION of Tara E. Turner in Opposition re: #92 MOTION for Summary Judgment ., #105 MOTION for Summary Judgment by Defendant Marc Paturet.. Document filed by C.C.M.S.. (Attachments: #1 Exhibit A- Transcript of the Deposition of Emory X. Brooks, #2 Exhibit B- Transcript of the Deposition of Nigel Shamash, #3 Exhibit C- Transcript of the Deposition of F. Michael Conte, #4 Exhibit D- Transcript of the Deposition of Joseph M. Grill, #5 Exhibit E- Transcript of the Deposition of Maxime Touton, #6 Exhibit F- Transcript of the Deposition of Peter Lehr, #7 Exhibit G- West 27th Street Realtys Cooperative Offering Plan, #8 Exhibit H- Proprietary Lease, #9 Exhibit I- Sublease Agreement, #10 Exhibit J- Sublet Application to the Co-Op, #11 Exhibit K- Email Correspondence dated September 5, 2019, #12 Exhibit L- CCMSs Term Sheet Offer, #13 Exhibit M- Email Correspondence dated November 26, 2019, #14 Exhibit N- Email Correspondence dated December 15, 2019, #15 Exhibit O- Email Correspondence dated December 19, 2019, #16 Exhibit P- Email Correspondence dated December 19, 2019, #17 Exhibit Q- Email Correspondence dated December 22, 2019, #18 Exhibit R- Email Correspondence dated December 23, 2019, #19 Exhibit S- Email Correspondence dated December 23, 2019, #20 Exhibit T- Email Correspondence dated December 24, 2019, #21 Exhibit U- Email Correspondence dated December 26, 2019, #22 Exhibit V- Email Correspondence dated December 27, 2019, #23 Exhibit W- Email Correspondence dated January 2, 2020, #24 Exhibit X- Email Correspondence dated January 15, 2020, #25 Exhibit Y- Email Correspondence, #26 Exhibit Z- Email Correspondence dated January 30, 2020, #27 Exhibit AA- Invoice from Soluri Architecture, #28 Exhibit AB- "Who We Are" Page, #29 Exhibit AC- Email Correspondence dated December 10, 2019, #30 Exhibit AD- Email Correspondence dated December 12, 2019).(Turner, Tara)
August 1, 2023 Opinion or Order Filing 111 RESPONSE re: #98 MOTION for Summary Judgment Rule 56.1 Statement. . Document filed by C.C.M.S...(Turner, Tara)
August 1, 2023 Opinion or Order Filing 110 MEMORANDUM OF LAW in Opposition re: #92 MOTION for Summary Judgment . . Document filed by C.C.M.S...(Turner, Tara)
July 17, 2023 Opinion or Order Filing 109 DECLARATION of Marc Paturet in Support re: #105 MOTION for Summary Judgment by Defendant Marc Paturet.. Document filed by Marc Paturet. (Attachments: #1 Exhibit 1 - New York to Madrid Flight, #2 Exhibit 2 - Madrid to Naples Flight, #3 Exhibit 3 - Milan to Paris Flight, #4 Exhibit 4 - Paris to New York).(Case, Michael)
July 17, 2023 Opinion or Order Filing 108 DECLARATION of Michael J. Case, Esq. in Support re: #105 MOTION for Summary Judgment by Defendant Marc Paturet.. Document filed by Marc Paturet. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer, #3 Exhibit C - Deposition Transcript of Emory Brooks, #4 Exhibit D - Deposition Transcript of Nigel Shamash, #5 Exhibit E - Deposition Transcript of Michael Conte, #6 Exhibit F - Deposition Transcript of Joseph M. Grill, #7 Exhibit G - Deposition Transcript of Maxime Touton, #8 Exhibit H - Deposition Transcript of Peter Lehr).(Case, Michael)
July 17, 2023 Opinion or Order Filing 107 MEMORANDUM OF LAW in Support re: #105 MOTION for Summary Judgment by Defendant Marc Paturet. . Document filed by Marc Paturet..(Case, Michael)
July 17, 2023 Opinion or Order Filing 106 RULE 56.1 STATEMENT. Document filed by Marc Paturet..(Case, Michael)
July 17, 2023 Opinion or Order Filing 105 MOTION for Summary Judgment by Defendant Marc Paturet. Document filed by Marc Paturet..(Case, Michael)
July 17, 2023 Opinion or Order Filing 104 LETTER addressed to Judge Naomi Reice Buchwald from Michael J Case, Esq. dated June 30, 2023 re: Summary of substantive argument re: Motion for Summary Judgment. Document filed by Marc Paturet..(Case, Michael)
July 17, 2023 Opinion or Order Filing 103 MOTION for Summary Judgment Letter addressed to Judge Naomi Reice Buchwald dated June 30, 2023. Document filed by Marc Paturet..(Case, Michael)
July 14, 2023 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Case to RE-FILE Document #100 MOTION for Summary Judgment . ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db)
July 5, 2023 Opinion or Order Filing 102 DECLARATION of Barry G. Margolis in Support re: #92 MOTION for Summary Judgment .. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc.. (Attachments: #1 Exhibit F Grill Tr).(Margolis, Barry)
June 30, 2023 Opinion or Order Filing 101 RULE 56.1 STATEMENT. Document filed by Marc Paturet..(Case, Michael)
June 30, 2023 Opinion or Order Filing 100 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Marc Paturet. (Attachments: #1 Supplement Letter Address to Judge Buchwald re: Summary Judgement Motion, #2 Appendix Declaration of Michael J. Case in Support of Motion for Summary Judgement, #3 Exhibit A - Complaint, #4 Exhibit B - Answer, #5 Exhibit C - Deposition Transcript of Emory Brooks, #6 Exhibit D - Deposition Transcript of Nigel Shamash, #7 Exhibit E - Deposition Transcript of Michael Conte, #8 Exhibit F - Deposition Transcript of Joseph M. Grill, #9 Exhibit G - Deposition Transcript of Maxime Touton, #10 Exhibit H - Deposition Transcript of Peter Lehr, #11 Supplement Declaration of Marc Paturet in Support of Motion for Summary Judgement, #12 Exhibit 1 - New York to Madrid Flight, #13 Exhibit 2 - Madrid to Naples Flight, #14 Exhibit 3 - Milan to Paris Flight, #15 Exhibit 4 - Paris to New York, #16 Appendix Memorandum of Law in Support of Marc Paturet Motion for Summary Judgment).(Case, Michael) Modified on 7/14/2023 (db).
June 30, 2023 Opinion or Order Filing 99 MEMORANDUM OF LAW in Support re: #92 MOTION for Summary Judgment . . Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
June 30, 2023 Opinion or Order Filing 98 MOTION for Summary Judgment Rule 56.1 Statement. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
June 30, 2023 Opinion or Order Filing 97 DECLARATION of Barry G. Margolis in Support re: #92 MOTION for Summary Judgment .. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc.. (Attachments: #1 Exhibit L 12.19.10 Email, #2 Exhibit M 12.26.19 Email, #3 Exhibit N Sublet App, #4 Exhibit O 12.27.19 Rubin Email, #5 Exhibit P 12.27,19 King Email, #6 Exhibit Q 1.13.20 Email, #7 Exhibit R 1.14.20 Notes, #8 Exhibit S Oxford MTD Order).(Margolis, Barry)
June 30, 2023 Opinion or Order Filing 96 DECLARATION of Barry G. Margolis in Support re: #92 MOTION for Summary Judgment .. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc.. (Attachments: #1 Exhibit I Bylaws, #2 Exhibit J CCMS Website, #3 Exhibit K Sublease).(Margolis, Barry)
June 30, 2023 Opinion or Order Filing 95 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #102) DECLARATION of Barry G. Margolis in Support re: #92 MOTION for Summary Judgment .. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc.. (Attachments: #1 Exhibit E Conte Tr, #2 Exhibit F Grill Tr, #3 Exhibit G Touton Tr, #4 Exhibit H Lehr Tr).(Margolis, Barry) Modified on 7/10/2023 (kj).
June 30, 2023 Opinion or Order Filing 94 DECLARATION of Barry G. Margolis in Support re: #92 MOTION for Summary Judgment .. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc.. (Attachments: #1 Exhibit A Complaint, #2 Exhibit B Answer, #3 Exhibit C Pltf Dep Tr, #4 Exhibit D Shamash Tr).(Margolis, Barry)
June 30, 2023 Opinion or Order Filing 93 AFFIDAVIT of F. Michael Conte in Support re: #92 MOTION for Summary Judgment .. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
June 30, 2023 Opinion or Order Filing 92 MOTION for Summary Judgment . Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
June 15, 2023 Opinion or Order Filing 91 ORDER granting #88 Letter Motion for Extension of Time to File. Application granted. All deadline are extended for two weeks.. (Signed by Judge Naomi Reice Buchwald on 6/15/2023) (ks)
June 15, 2023 Opinion or Order Filing 90 LETTER addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated June 15, 2023 re: Response to Defendant's Request for an Extension of Time to Move for Summary Judgment. Document filed by C.C.M.S...(Turner, Tara)
June 15, 2023 Opinion or Order Set/Reset Deadlines: Motions due by 6/30/2023. (ks)
June 14, 2023 Opinion or Order Filing 89 FIRST LETTER MOTION for Extension of Time Due to Request from Co-Defendant addressed to Judge Naomi Reice Buchwald from Barry G. Margolis dated June 14, 2023. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
June 14, 2023 Opinion or Order Filing 88 LETTER MOTION for Extension of Time to File Summary Judgment Motion addressed to Judge Naomi Reice Buchwald from Michael J. Case, Esq. dated June 14, 2023. Document filed by Marc Paturet..(Case, Michael)
March 17, 2023 Opinion or Order Filing 87 MEMO ENDORSEMENT on re: #86 Letter, filed by Maxime Touton, West 27th St. Realty Inc., Joseph Grill, F. Michael Conte. ENDORSEMENT: Briefing schedule approved. However, given the generous schedule proposed, no adjournments will be granted. ( Cross Motions due by 7/18/2023., Motions due by 6/16/2023., Replies due by 9/14/2023., Responses due by 8/17/2023) (Signed by Judge Naomi Reice Buchwald on 3/17/2023) (ate)
March 16, 2023 Opinion or Order Filing 86 JOINT LETTER addressed to Judge Naomi Reice Buchwald from Barry G. Margolis dated March 16, 2023 re: Status of Discovery and Dispositive Motion Briefing Schedule. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
March 2, 2023 Opinion or Order Filing 85 ORDER granting #84 Motion for Daniel J. Martucci to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 3/2/2023) (ate)
March 1, 2023 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #84 MOTION for Daniel J. Martucci to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27402032. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
February 28, 2023 Opinion or Order Filing 84 MOTION for Daniel J. Martucci to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27402032. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marc Paturet. (Attachments: #1 Affidavit Affidavit for Admission Pro Hac Vice, #2 Exhibit A to Affidavit for Admission Pro Hac Vice, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Case, Michael)
February 9, 2023 Opinion or Order Filing 83 ORDER granting #82 Letter Motion for Extension of Time. Application granted. Deposition due by 3/9/2023. (Signed by Judge Naomi Reice Buchwald on 2/9/2023) (tg)
February 9, 2023 Opinion or Order Filing 82 FIRST LETTER MOTION for Extension of Time To Complete Deposition of defendant Maxime Touton addressed to Judge Naomi Reice Buchwald from Barry G. Margolis dated February 9, 2023. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
February 3, 2023 Opinion or Order Filing 81 ENDORSED LETTER addressed to Counsel from Judge Naomi Reice Buchwald dated 2/3/2023 ENDORSEMENT: The recent exchange of letters commencing on January 13, 2023 and concluding on January 24, 2023 is an illustration of why counsel, who have the greatest interest in moving a case along, must approach the Court when they believe that the other side is acting in an obstructive manner. Moreover, this exchange also illustrates the necessity of adherence to court-ordered deadlines. This Court is always ready and willing to manage its docket. If counsel had timely approached the Court, the excess effort and burden on the Court and counsel would have been avoided. Having reviewed the submissions by all parties and without adopting any characterizations of the evidence, the Court has concluded that plaintiff may depose Joseph Grill and Maxime Touton for no more than three (3) hours each unless defense counsel engages in obstructive conduct, in which case the Court will extend the allotted time. Further, based on the submissions, there appears to be no reason to conclude that Marc Paturet is a repository of discoverable information. Accordingly, the implicit motion to quash his deposition notice is granted. The parties should promptly confer and agree on dates for the depositions of Joseph Grill and Maxime Touton, which should occur no laterthan February 22, 2023. On the assumption that those depositions would conclude discovery, the parties should propose a schedule for pretrial motions no later than March 1,2023.( Deposition due by 2/22/2023.) (Signed by Judge Naomi Reice Buchwald on 2/3/2023) (tg)
January 25, 2023 Opinion or Order Filing 80 LETTER addressed to Judge Naomi Reice Buchwald from Michael J. Case, Esq. dated January 24, 2023 re: Response to Plaintiff's January 23, 2023 letter request for reconsideration. Document filed by Marc Paturet..(Case, Michael)
January 23, 2023 Opinion or Order Filing 79 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Barry G. Margolis dated January 23, 2023 re: #75 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated January 13, 2023. AS FURTHER ELABORATED ON BY PLAINTIFF"S LETTER dated January 23, 2023. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
January 23, 2023 Opinion or Order Filing 78 LETTER addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated January 23, 2023 re: Discovery. Document filed by C.C.M.S...(Turner, Tara)
January 19, 2023 Opinion or Order Filing 77 LETTER: addressed to Counsel from Naomi Reice Buchwald, United States District Judge dated 1/19/2023 re: We have received the plaintiffs request to extend discovery until February 10, 2023. (ECF No. 75.) Plaintiff's counsel entered an appearance on October 4, 2021. (ECF No. 51.) Thereafter, the Court entered a scheduling order on March 15, 2022, which set as September 16, 2022 the close of fact discovery. (ECF No. 59.) Subsequently, the Court granted a request to extend the time for the defendant to respond to plaintiffs requests for admissions nunc pro tune (ECF No. 66) and granted two requests to extend thetime to complete fact discovery (ECF Nos. 70 and 72). In the most recent extension, the Court instructed counsel that "the Court will grant the parties' requested additional extension with the understanding that no further extensions will be forthcoming" and that fact discovery must be completed by January 6, 2023. (ECF No. 72.) Despite the Court's clear instructions, plaintiff now seeks another extension to conduct additional depositions after not conducting depositions until close to the end of the discovery period. Despite the lateness and untimeliness of the request, the application contains no detailed or compelling explanation of the importance of the proposed deposition or, if so, why they were taken in a timely manner. In the absence of a compelling submission, the counsel's request must be declined.(ama)
January 17, 2023 Opinion or Order Filing 76 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from Barry G. Margolis dated January 17, 2023 re: #75 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated January 13, 2023. . Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
January 13, 2023 Opinion or Order Filing 75 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated January 13, 2023. Document filed by C.C.M.S...(Turner, Tara)
December 19, 2022 Opinion or Order Filing 74 LETTER addressed to Judge Naomi Reice Buchwald from Etan Harris, Esq. dated December 19, 2022 re: Response to Plaintiff's 12/16/22 letter to the Court. Document filed by Nigel Shamash..(Harris, Etan)
December 16, 2022 Opinion or Order Filing 73 LETTER addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated December 16, 2022 re: Status of Discovery. Document filed by C.C.M.S...(Turner, Tara)
December 8, 2022 Opinion or Order Filing 72 MEMO ENDORSEMENT on re: #71 Letter filed by C.C.M.S.. ENDORSEMENT: When counsel cannot meet a court ordered deadline, it is incumbent upon counsel to seek an extension prior to the expiration of the deadline. This is especially important when the deadline has been marked final. Nevertheless, the Court will grant the parties' requested additional extension with the understanding that no further extensions will be forthcoming. Application granted. SO ORDERED. ( Deposition due by 12/19/2022., Fact Discovery due by 1/6/2023.) (Signed by Judge Naomi Reice Buchwald on 12/8/2022) (tg)
December 8, 2022 Opinion or Order Filing 71 JOINT LETTER addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated December 8, 2022 re: Status of Discovery. Document filed by C.C.M.S...(Turner, Tara)
September 13, 2022 Opinion or Order Filing 70 ORDER granting #68 Letter Motion for Extension of Time to Complete Discovery. Final extension. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/13/2022) (tg)
September 13, 2022 Opinion or Order Set/Reset Deadlines: Fact Discovery due by 11/18/2022. (tg)
September 9, 2022 Opinion or Order Filing 69 SUPPLEMENTAL LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Naomi Reice Buchwald from Barry G. Margolis dated September 9, 2022. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
September 6, 2022 Opinion or Order Filing 68 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Naomi Reice Buchwald from Barry G. Margolis dated September 6, 2022. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
July 1, 2022 Opinion or Order Filing 67 ORDER granting #66 Letter Motion for Extension of Time. Defendant's application to extend the time to respond to plaintiff's Requests for Admissions nunc pro tunc to June 22, 2022 is granted. Defendant is permitted until July 9, 2022 to file responses to plaintiff's Interrogatories and Requests for Production. If there is compliance, there will be no deemed admissions. (Signed by Judge Naomi Reice Buchwald on 7/1/2022) (mml)
June 30, 2022 Opinion or Order Filing 66 LETTER MOTION for Extension of Time Nun Pro Tunc addressed to Judge Naomi Reice Buchwald from Michael J. Case, Esq. dated June 30, 2022. Document filed by Marc Paturet..(Case, Michael)
June 27, 2022 Opinion or Order Filing 65 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated June 27, 2022 re: #64 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's First Set of Requests for Admissions nunc pro tunc addressed to Judge Naomi Reice Buchwald from Michael J. Case, Esq. dated June 23, 2022. . Document filed by C.C.M.S...(Turner, Tara)
June 23, 2022 Opinion or Order Filing 64 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's First Set of Requests for Admissions nunc pro tunc addressed to Judge Naomi Reice Buchwald from Michael J. Case, Esq. dated June 23, 2022. Document filed by Marc Paturet..(Case, Michael)
June 22, 2022 Opinion or Order Filing 63 RESPONSE to Discovery Request from Marc Paturet.Document filed by Marc Paturet..(Case, Michael)
June 22, 2022 Opinion or Order Filing 62 STATUS REPORT. Joint Status Report Document filed by Marc Paturet..(Case, Michael)
April 22, 2022 Opinion or Order Filing 61 REQUEST FOR PRODUCTION OF DOCUMENTS.Document filed by Marc Paturet..(Case, Michael)
April 22, 2022 Opinion or Order Filing 60 FIRST SET OF INTERROGATORIES to C.C.M.S. d/b/a Community Counseling and Mediation Services.Document filed by Marc Paturet..(Case, Michael)
March 15, 2022 Opinion or Order Filing 59 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by July 29, 2022. All expert discovery, including expert depositions, shall be completed no later than November 4, 2022. Counsel for the parties have conferred and their present best estimate of the length of trial is five days. Deposition due by 11/4/2022. Fact Discovery due by 9/16/2022. Expert Discovery due by 11/4/2022. (Signed by Judge Naomi Reice Buchwald on 3/15/2022) (ate)
March 14, 2022 Opinion or Order Filing 58 LETTER addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated March 14, 2022 re: Proposed Civil Case Management Plan and Scheduling Order. Document filed by C.C.M.S.. (Attachments: #1 Text of Proposed Order Proposed Civil Case Management Plan and Scheduling Order).(Turner, Tara)
March 2, 2022 Opinion or Order Filing 57 JOINT LETTER addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated March 2, 2022 re: Status of Case. Document filed by C.C.M.S...(Turner, Tara)
December 6, 2021 Opinion or Order Filing 56 LETTER addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated December 6, 2021 re: Status Update. Document filed by C.C.M.S...(Turner, Tara)
November 5, 2021 Opinion or Order Filing 55 MEMO ENDORSEMENT on re: #54 Letter filed by C.C.M.S. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/5/2021) (rro)
November 4, 2021 Opinion or Order Filing 54 LETTER addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated November 4, 2021 re: Status Update. Document filed by C.C.M.S...(Turner, Tara)
October 6, 2021 Opinion or Order Filing 53 MEMO ENDORSEMENT on re: #52 Letter filed by C.C.M.S. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 10/6/2021) (va)
October 5, 2021 Opinion or Order Filing 52 LETTER addressed to Judge Naomi Reice Buchwald from Tara E. Turner dated October 5, 2021 re: Status Update. Document filed by C.C.M.S...(Turner, Tara)
October 4, 2021 Opinion or Order Filing 51 STIPULATION AND ORDER SUBSTITUTING COUNSEL: The undersigned hereby stipulate and consent to the substitution of Tara E. Turner, of BakerHostetler LLP, as attorney of record for Plaintiff C.C.M.S. d/b/a Community Counseling and Mediation Services in the above-captioned action in place and instead of Tristan C. Loanzon of Loanzon LLP. SO ORDERED. Attorney Tara Turner for C.C.M.S. added. Attorney Tristan C. Loanzon terminated. (Signed by Judge Naomi Reice Buchwald on 10/4/2021) (mml)
October 1, 2021 Opinion or Order Filing 50 PROPOSED STIPULATION AND ORDER. Document filed by C.C.M.S...(Turner, Tara)
September 14, 2021 Opinion or Order Filing 49 MEMO ENDORSEMENT on re: #48 Letter filed by Maxime Touton, West 27th St. Realty Inc., Joseph Grill, F. Michael Conte. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/14/2021) (rro)
September 14, 2021 Opinion or Order Filing 48 LETTER addressed to Judge Naomi Reice Buchwald from Barry G. Margolis dated September 14, 2021 re: CASE UPDATE. Document filed by F. Michael Conte, Joseph Grill, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
August 16, 2021 Opinion or Order Filing 47 MEMO ENDORSEMENT on re: #46 Letter filed by C.C.M.S. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/16/2021) (vfr)
August 13, 2021 Opinion or Order Filing 46 JOINT LETTER addressed to Judge Naomi Reice Buchwald from Tristan C. Loanzon dated August 13, 2021 re: CCMS v. Oxford Realty et al.. Document filed by C.C.M.S...(Loanzon, Tristan)
July 12, 2021 Opinion or Order Filing 45 MEMORANDUM AND ORDER granting #36 Motion to Dismiss; denying #37 Motion to Amend/Correct Plaintiff's Complaint. For the foregoing reasons, the Oxford Defendants' motion to dismiss is GRANTED and C.C.M.S.s motion to amend is DENIED. The Clerk of Court is respectfully directed to terminate the motions pending at ECF No. 36 and ECF No. 37. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/12/2021) (mml) Transmission to Orders and Judgments Clerk for processing.
December 1, 2020 Opinion or Order Filing 44 NOTICE OF APPEARANCE by Michael James Case on behalf of Marc Paturet..(Case, Michael)
November 27, 2020 Opinion or Order Filing 43 MEMORANDUM OF LAW in Opposition re: #37 MOTION to Amend/Correct Plaintiff's Complaint. . Document filed by Oxford Realty & Holdings LLC, Nigel Shamash. (Attachments: #1 Affirmation of Etan C. Harris, Esq. in support, #2 Exhibit Exhibit A, Declaration in Support, #3 Exhibit Exhibit B, Proprietary Lease, #4 Exhibit Exhibit C, Plaintiff's Complaint).(Harris, Etan)
November 27, 2020 Opinion or Order Filing 42 REPLY MEMORANDUM OF LAW in Support re: #36 MOTION to Dismiss . . Document filed by Oxford Realty & Holdings LLC, Nigel Shamash..(Harris, Etan)
November 13, 2020 Opinion or Order Filing 41 DECLARATION of Tristan C. Loanzon in Support re: #37 MOTION to Amend/Correct Plaintiff's Complaint., #36 MOTION to Dismiss .. Document filed by C.C.M.S.. (Attachments: #1 Exhibit Redlined PAC).(Loanzon, Tristan)
November 12, 2020 Opinion or Order Filing 40 DECLARATION of Emory X. Brooks in Opposition re: #37 MOTION to Amend/Correct Plaintiff's Complaint., #36 MOTION to Dismiss .. Document filed by C.C.M.S...(Loanzon, Tristan)
November 12, 2020 Opinion or Order Filing 39 LETTER addressed to Judge Naomi Reice Buchwald from Tristan C. Loanzon dated November 12, 2020 re: C.C.M.S. v. Oxford Realty & Holding Co. Opposition to Motion to Dismiss. Document filed by C.C.M.S...(Loanzon, Tristan)
November 12, 2020 Opinion or Order Filing 38 MEMORANDUM OF LAW in Opposition re: #37 MOTION to Amend/Correct Plaintiff's Complaint., #36 MOTION to Dismiss . . Document filed by C.C.M.S...(Loanzon, Tristan)
November 12, 2020 Opinion or Order Filing 37 MOTION to Amend/Correct Plaintiff's Complaint. Document filed by C.C.M.S.. (Attachments: #1 Affidavit Declaration of Tristan C. Loanzon, #2 Exhibit Proposed Amended Complaint).(Loanzon, Tristan)
October 12, 2020 Opinion or Order Filing 36 MOTION to Dismiss . Document filed by Oxford Realty & Holdings LLC, Nigel Shamash. Responses due by 11/12/2020 Return Date set for 11/27/2020 at 09:30 AM. (Attachments: #1 Affirmation of Etan C. Harris, Esq. in support, #2 Exhibit A, Sublease, #3 Supplement Exhibit A, Exhibits A and B of Sublease: Proprietary Lease and floor plan, #4 Exhibit B, January 30, 2020 correspondence with Manatt, Phelps & Phillips, LLP, #5 Exhibit C, Plaintiff's Complaint, #6 Memorandum of Law in support).(Bengualid, Marc)
October 6, 2020 Opinion or Order Filing 35 PROPOSED STIPULATION AND ORDER. Document filed by Oxford Realty & Holdings LLC, Nigel Shamash..(Bengualid, Marc)
September 1, 2020 Opinion or Order ORDER The dial-in for today's 12:00 pm conference is (888) 363-4749, access code 2712517. (HEREBY ORDERED by Judge Naomi Reice Buchwald) (Text Only Order) (Giunta, Brian)
September 1, 2020 Opinion or Order Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Conference held on 9/1/2020. (ade)
August 31, 2020 Opinion or Order Calendar Entry *ADJOURNMENT*: The Pre-Motion Conference that was scheduled to go forward on Tuesday, August 18 2020 was adjourned sini die. Reason for adjournment: This matter is now reassigned to another District Judge. A PDF IS NOT ATTACHED TO THIS ENTRY.(dgo)
August 18, 2020 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Naomi Reice Buchwald. Judge Paul A. Crotty is no longer assigned to the case..(wb)
August 7, 2020 Opinion or Order Filing 34 LETTER addressed to Judge Paul A. Crotty from Tristan C. Loanzon dated August 7, 2020 re: C.C.M.S. v. Oxford Realty & Holding Co. Pre-Motion Conference Letter. Document filed by C.C.M.S.. (Attachments: #1 Exhibit Letter from Diana Lee, Esq.).(Loanzon, Tristan)
August 3, 2020 Opinion or Order Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Tuesday, August 18, 2020 @ 10:30 AM, via teleconference before Judge Paul A. Crotty. Plaintiff is directed to respond to defendant's 7/31/2020 letter by 8/10/2020. Dial-in: 888-363-4749. Access Code: 8539662. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)
July 31, 2020 Opinion or Order Filing 33 ANSWER to #1 Complaint,. Document filed by F. Michael Conte, Joseph Grill, Marc Paturet, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
July 31, 2020 Opinion or Order Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by F. Michael Conte, Joseph Grill, Marc Paturet, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
July 31, 2020 Opinion or Order Filing 31 FIRST LETTER addressed to Judge Paul A. Crotty from Etan C. Harris, Esq. dated July 31, 2020 re: Pre-Motion Conference Letter in Lieu of Answer. Document filed by Oxford Realty & Holdings LLC, Nigel Shamash..(Bengualid, Marc)
June 26, 2020 Opinion or Order Filing 30 ORDER granting #29 Motion for Extension of Time to Answer. The enlargement to July 31, 2020 is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/26/2020) (ks)
June 25, 2020 Opinion or Order Filing 29 FIRST LETTER MOTION for Extension of Time to File Answer or otherwise respond to Complaint addressed to Judge Paul A. Crotty from Etan C. Harris, Esq. dated June 25, 2020. Document filed by Oxford Realty & Holdings LLC, Nigel Shamash..(Bengualid, Marc)
June 25, 2020 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Marc Edward Bengualid on behalf of Oxford Realty & Holdings LLC, Nigel Shamash..(Bengualid, Marc)
June 22, 2020 Opinion or Order Filing 27 AFFIDAVIT OF SERVICE of Summons and Complaint,. Oxford Realty & Holdings LLC served on 5/27/2020, answer due 6/17/2020. Service was accepted by NY Secretary of State. Document filed by C.C.M.S...(Loanzon, Tristan)
June 22, 2020 Opinion or Order Filing 26 ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply. The time to move or answer is extended to July 31, 2020. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/22/2020) (ks)
June 22, 2020 Opinion or Order Set/Reset Deadlines: F. Michael Conte answer due 7/31/2020; Joseph Grill answer due 7/31/2020; Marc Paturet answer due 7/31/2020; Maxime Touton answer due 7/31/2020. (ks)
June 19, 2020 Opinion or Order Filing 25 NOTICE OF APPEARANCE by Barry G. Margolis on behalf of F. Michael Conte, Joseph Grill, Marc Paturet, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
June 19, 2020 Opinion or Order Filing 24 LETTER MOTION for Extension of Time to File Response/Reply To COMPLAINT addressed to Judge Paul A. Crotty from Barry G. Margolis dated June 19, 2020. Document filed by F. Michael Conte, Joseph Grill, Marc Paturet, Maxime Touton, West 27th St. Realty Inc...(Margolis, Barry)
May 5, 2020 Opinion or Order Filing 23 ELECTRONIC SUMMONS ISSUED as to Oxford Realty & Holdings LLC..(pc)
May 5, 2020 Opinion or Order Filing 22 ELECTRONIC SUMMONS ISSUED as to F. Michael Conte..(pc)
May 5, 2020 Opinion or Order Filing 21 ELECTRONIC SUMMONS ISSUED as to Nigel Shamash..(pc)
May 5, 2020 Opinion or Order Filing 20 ELECTRONIC SUMMONS ISSUED as to West 27th St. Realty Inc...(pc)
May 5, 2020 Opinion or Order Filing 19 ELECTRONIC SUMMONS ISSUED as to Marc Paturet..(pc)
May 5, 2020 Opinion or Order Filing 18 ELECTRONIC SUMMONS ISSUED as to Maxime Touton..(pc)
May 5, 2020 Opinion or Order Filing 17 ELECTRONIC SUMMONS ISSUED as to Joseph Grill..(pc)
May 4, 2020 Opinion or Order Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Nigel Shamash, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan)
May 4, 2020 Opinion or Order Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to F. Michael Conte, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan)
May 4, 2020 Opinion or Order Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Maxime Touton, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan)
May 4, 2020 Opinion or Order Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Grill, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan)
May 4, 2020 Opinion or Order Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Marc Paturet, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan)
May 4, 2020 Opinion or Order Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to West 27th St. Realty, Inc., re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan)
May 4, 2020 Opinion or Order Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Oxford Realty & Holdings LLC, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan)
May 4, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tristan C. Loanzon. The party information for the following party/parties has been modified: C.C.M.S., Nigel Shamash. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (pc)
May 4, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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..(pc)
May 4, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tristan C. Loanzon to RE-FILE Document No. #9 Request for Issuance of Summons, #5 Request for Issuance of Summons, #3 Request for Issuance of Summons, #6 Request for Issuance of Summons, #4 Request for Issuance of Summons, #7 Request for Issuance of Summons, #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): Attorney address field is blank. Refile each summons or you can use one summons form and list each party on a separate rider.;. 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)
May 4, 2020 Opinion or Order Case Designated ECF. (pc)
May 4, 2020 Opinion or Order 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
May 2, 2020 Opinion or Order Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Nigel Shamash, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan) Modified on 5/4/2020 (pc).
May 2, 2020 Opinion or Order Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to F. Michael Conte, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan) Modified on 5/4/2020 (pc).
May 2, 2020 Opinion or Order Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Maxime Touton, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan) Modified on 5/4/2020 (pc).
May 2, 2020 Opinion or Order Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Grill, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan) Modified on 5/4/2020 (pc).
May 2, 2020 Opinion or Order Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Marc Paturet, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan) Modified on 5/4/2020 (pc).
May 2, 2020 Opinion or Order Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to West 27th St. Realty, Inc., re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan) Modified on 5/4/2020 (pc).
May 2, 2020 Opinion or Order Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Oxford Realty & Holdings LLC, re: #1 Complaint,. Document filed by C.C.M.S...(Loanzon, Tristan) Modified on 5/4/2020 (pc).
May 1, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Loanzon, Tristan)
May 1, 2020 Opinion or Order Filing 1 COMPLAINT against F. Michael Conte, Joseph Grill, Oxford Realty & Holdings LLC, Marc Paturet, Nigel Shamash, Maxime Touton, West 27th St. Realty Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19675936)Document filed by C.C.M.S...(Loanzon, Tristan)

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Defendant: Maxime Touton
Represented By: Barry G. Margolis
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Defendant: Marc Paturet
Represented By: Barry G. Margolis
Represented By: Michael James Case
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Defendant: Joseph Grill
Represented By: Barry G. Margolis
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Defendant: Oxford Realty & Holdings LLC
Represented By: Marc Edward Bengualid
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Defendant: Nigel Shamash
Represented By: Marc Edward Bengualid
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Defendant: West 27th St. Realty Inc.
Represented By: Barry G. Margolis
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Defendant: F. Michael Conte
Represented By: Barry G. Margolis
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Plaintiff: C.C.M.S.
Represented By: Tristan C. Loanzon
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Plaintiff: C.C.M.S. doing business as Community Counseling and Mediation Services
Represented By: Tristan C. Loanzon
Represented By: Tara Turner
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