Paguada v. Homesublime, LLC
| Josue Paguada |
| Homesublime, LLC |
| 1:2020cv06667 |
| August 20, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| John P Cronan |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 21
ORDER: Accordingly, the Court dismisses this action without prejudice for failure to prosecute. See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001). The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge John P. Cronan on 3/29/2021) (kv)
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Filing 20
ORDER. It is ORDERED that no later than March 15, 2021, Plaintiff shall move for default judgment as to Defendant, in accordance with Local Civil Rule 55.2 and Rule 3.D of the Court's Individual Rules and Practices for Civil Cases. Pursuant to this Court's Individual Rules, Plaintiff must serve his motion for default judgment and supporting paperwork on Defendant and file an Affidavit of Service on ECF by March 17, 2021. Defendant shall file any opposition to the motion for default judgment no later than March 31, 2021. Plaintiff shall file any reply no later than April 7, 2021. It is further ORDERED that Defendant appears and shows cause at a hearing before this Court on April 14, 2021, at 11:30 a.m., why an order should not be issued granting a default judgment against Defendant. That hearing shall take place telephonically. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. In the event that Defendant does not appear, Plaintiff's counsel should be prepared to discuss any communications with Defendant or representatives for Defendant regarding this litigation and any intent to challenge the suit, including discussions about the alleged illegal conduct prior to the filing of the lawsuit; how Defendant was served with the Summons and Complaint and this Order; why Plaintiff's counsel is confident that Defendant has been served with those documents and has notice of the hearing; and the method for calculating damages. In the event that Defendant appears in this case and opposes the motion for default judgment prior to the scheduled court appearance on April 14, 2021, that court appearance shall also serve as an Initial Case Management Conference pursuant to Rule 5.B of the Court's Individual Rules and Practices in Civil Cases in the event the Court declines to issue a default judgment at the hearing, and as further set forth in this Order. So ordered. (Motions due by 3/15/2021. Responses due by 3/31/2021. Replies due by 4/7/2021.) (Initial Conference set for 4/14/2021 at 11:30 AM before Judge John P. Cronan. Telephone Conference set for 4/14/2021 at 11:30 AM before Judge John P. Cronan.) Motions terminated: #19 LETTER MOTION for Extension of Time to File Motion for Default Judgment addressed to Judge John P. Cronan from Mars Khaimov dated 3/3/2021. Document filed by Josue Paguada. (Signed by Judge John P. Cronan on 3/4/2021) (rjm)
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| Filing 19 LETTER MOTION for Extension of Time to File Motion for Default Judgment addressed to Judge John P. Cronan from Mars Khaimov dated 3/3/2021. Document filed by Josue Paguada..(Khaimov, Mars) |
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Filing 18
ORDER. While it would be fully within the Court's authority to dismiss this action for failure to prosecute, the Court will grant Plaintiff one last opportunity to prosecute this case and extend the deadline for him to move for a default judgment to February 22, 2021. If Plaintiff fails to move for default judgment by February 22, 2021, the Court will dismiss this action sua sponte for failure to prosecute without further notice. See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) ("[I]t is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute...."). The Court vacates its Order dated December 14, 2020 and adjourns sine die all deadlines set in that Order as well as the February 24, 2021 conference. SO ORDERED. (The following deadline(s) was terminated: Motions Deadline. Reply Deadline. Response Deadline. ***Hearings Terminated*** The following hearing(s) was terminated: Telephone Conference.) (Signed by Judge John P. Cronan on 2/16/2021) (rjm)
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| Set/Reset Deadlines: Motions due by 2/22/2021. (rjm) |
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Filing 17
Vacated as per Judge's Order dated 2/16/2021, Doc. #18 ORDER granting #14 Motion for Extension of Time to File. It is hereby ORDERED that no later than January 13, 2021, Plaintiff shall move for default judgment as to Defendant, in accordance with Local Civil Rule 55.2 and 3.F of the Court's Individual Rules and Practices for Civil Cases, or show cause why this case should not be dismissed for failure to prosecute. Pursuant to this Court's Individual Rules, Plaintiff must serve his motion for default judgment and supporting paperwork on Defendant and file an Affidavit of Service on ECF by January 27, 2021. Defendant shall file any opposition to the motion for default judgment no later than February 10, 2021. Plaintiff shall file any reply no later than February 17, 2021. It is further ORDERED that Defendant appears and shows cause at a hearing before this Court on February 24, 2021, at 12:00 p.m., why an order should not be issued granting a default judgment against Defendant. That hearing shall take place telephonically. At the scheduled time,counsel for all parties should call (866) 434-5269, access code 9176261. In the event that Defendant appears in this case and opposes the motion for default judgment prior to the scheduled court appearance on February 24, 2021, that court appearance shall also serve as an Initial Case Management Conference pursuant to Rule 5.B of the Court's Individual Rules and Practices in Civil Cases in the event the Court declines to issue a default judgment at the hearing. It is further ORDERED that Plaintiff serve Defendant via overnight courier with a copy of this Order within one week of the date of this Order. Within two business days of service, Plaintiff must file proof of such service on the docket. The Clerk of Court is respectfully directed to close the motion pending on Dkt. 14. SO ORDERED.. (Signed by Judge John P. Cronan on 12/14/2020) (ks) Modified on 2/16/2021 (rjm).
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| Filing 16 CLERK'S CERTIFICATE OF DEFAULT as to Homesublime, LLC.(km) |
| Filing 15 AFFIRMATION of Mars Khaimov in Support re: #12 Proposed Clerk's Certificate of Default. Document filed by Josue Paguada..(Khaimov, Mars) |
| Filing 14 LETTER MOTION for Extension of Time to File Motion for Default Judgment addressed to Judge John P. Cronan from Mars Khaimov dated 12/14/20. Document filed by Josue Paguada..(Khaimov, Mars) |
| Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Mars Khaimov in Support re: #12 Proposed Clerk's Certificate of Default. Document filed by Josue Paguada..(Khaimov, Mars) Modified on 12/14/2020 (km). |
| Filing 12 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Josue Paguada..(Khaimov, Mars) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Set/Reset Deadlines: ( Motions due by 1/13/2021., Responses due by 2/10/2021, Replies due by 2/17/2021.), Set/Reset Hearings:( Telephone Conference set for 2/24/2021 at 12:00 PM before Judge John P. Cronan.) (ks) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Mars Khaimov to RE-FILE Document #13 Affidavit in Support. Use the event type other answers, affirmation in support of a non-motion. (km) |
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Filing 11
ORDER granting #10 LETTER MOTION to Adjourn Conference addressed to Judge John P. Cronan from Mars Khaimov dated 10/28/20. Document filed by Josue Paguada. Plaintiff's request is GRANTED. The Conference scheduled for November 2, 2020, at 10:40 a.m. is hereby adjourned sine die. The Plaintiff must file the motion for default judgment, in accordance with the Court's Individual Rules and Practices, by November 30, 2020. SO ORDERED. (The following hearing(s) was terminated: Initial Conference). (Signed by Judge John P. Cronan on 10/29/2020) (rjm)
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| Set/Reset Deadlines: Motions due by 11/30/2020. (rjm) |
| Filing 10 LETTER MOTION to Adjourn Conference addressed to Judge John P. Cronan from Mars Khaimov dated 10/28/20. Document filed by Josue Paguada..(Khaimov, Mars) |
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Filing 9
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. The Initial Pretrial Conference ("IPTC") scheduled for November 2, 2020, at 10:40 a.m. shall take place as scheduled, unless the Court issues a default judgment prior to that date. In light of the ongoing COVID-19 pandemic, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel, and as further set forth in this Order. So ordered. (Initial Conference set for 11/2/2020 at 10:40 AM before Judge John P. Cronan). (Signed by Judge John P. Cronan on 10/19/2020) (rjm)
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| NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Analisa Torres is no longer assigned to the case. (aea) |
| Filing 8 SUMMONS RETURNED EXECUTED. Homesublime, LLC served on 9/4/2020, answer due 9/25/2020. Service was accepted by John Doe, Employee. Document filed by Josue Paguada..(Khaimov, Mars) |
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Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 8/31/2020) (kv)
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Filing 6
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:40 a.m., on November 2, 2020, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. Initial Conference set for 11/2/2020 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 8/31/2020) (kv)
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Filing 5
ORDER:L 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 herein). SO ORDERED. (Signed by Judge Analisa Torres on 8/31/2020) (kv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Homesublime, LLC..(jgo) |
| 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 #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..(jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Homesublime, LLC, re: #1 Complaint. Document filed by Josue Paguada..(Khaimov, Mars) |
| Filing 2 CIVIL COVER SHEET filed..(Khaimov, Mars) |
| Filing 1 COMPLAINT against Homesublime, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21246699)Document filed by Josue Paguada..(Khaimov, Mars) |
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| Defendant: Homesublime, LLC | |
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| Plaintiff: Josue Paguada | |
| Represented By: | Mars Khaimov |
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