DiResta v. Biz2Credit Inc. et al
| Timothy Diresta |
| Biz2Credit Inc. and Shujah A. Awan |
| 1:2021cv00208 |
| January 11, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis J Liman |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e-2ag Job Discrimination (Age) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 4, 2022. A more recent docket listing may be available from PACER.
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Filing 38
WAIVER OF SERVICE RETURNED EXECUTED. Shujah A. Awan waiver sent on 3/2/2021, answer due 5/3/2021. Document filed by Timothy DiResta..(DiResta, Timothy)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 3/2/2021 by Telephone Conference. Pro Se Plaintiff, Timothy DiResta, present by telephone. Andrew Pincus present by telephone for Defendants. Court reporter present by telephone. Defendant's motion to dismiss (dkt #28) the complaint is denied as moot since Plaintiff filed an amended complaint. Defendants to file motion to dismiss the amended complaint by April 5. Plaintiff's response due by May 3. Defendants reply due by May 17. Plaintiff's application for default judgment is Denied. The motion to vacate entry of default is Granted. Plaintiff is given 60 days to effectuate service on individual defendant. Case management plan will not be entered pending decision on motion to dismiss. (mf)
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Filing 37
AFFIRMATION of Timothy DiResta in Opposition re: #28 MOTION to Dismiss Complaint as against defendant Biz2Credit Inc... Document filed by Timothy DiResta. (Attachments: #1 Exhibit Exh 1, Copy of Prior E-Filed Summons, Complaint & Civil Cover Sheet, #2 Exhibit Exh 2, NBC News Online Article, April 2020).(DiResta, Timothy)
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Filing 36
AFFIRMATION of Timothy DiResta in Opposition re: #31 CROSS MOTION to Set Aside Default against Shujah Awan.CROSS MOTION to Dismiss Complaint as against Shujah Awan.. Document filed by Timothy DiResta. (Attachments: #1 Exhibit Exh 1, Copy of Unified Court System Attorney Search for Defendant Awan, #2 Exhibit Exh 2, Copy of Prior E-Filed Pre-Motion to Dismiss Letter by Defendant Biz2Credit Inc., #3 Exhibit Exh 3, Copy of Prior E-Filed Amended Complaint).(DiResta, Timothy)
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Filing 35
AMENDED COMPLAINT, re: amending #1 Complaint, against Shujah A. Awan, Biz2Credit Inc. with JURY DEMAND.Document filed by Timothy DiResta. Related document: #1 Complaint.(sc)
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Filing 34
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Proposed Case Management Plan and Scheduling Order Document filed by Shujah A. Awan, Biz2Credit Inc...(Pincus, Andrew)
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Filing 33
AFFIRMATION OF SERVICE of Motion for Judgment By Default, Affirmation in Support and Exhibits; served on Shujah Awan on 2/12/21. Service was made by Mail. Document filed by Timothy Diresta. (sc)
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Filing 32
CERTIFICATE OF SERVICE of Opposition and Cross-Motion served on Timothy DiResta on 02/16/2021. Document filed by Shujah A. Awan..(Pincus, Andrew)
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Filing 31
CROSS MOTION to Set Aside Default against Shujah Awan., CROSS MOTION to Dismiss Complaint as against Shujah Awan.( Responses due by 3/2/2021) Document filed by Shujah A. Awan. (Attachments: #1 Certification of Ahmad Awan, #2 Certification of Jonathan Gitlin, #3 Memorandum of Law, #4 Proposed Order).(Pincus, Andrew)
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Filing 30
MEMORANDUM OF LAW in Opposition re: #27 MOTION for Default Judgment as to. Shujah Awan. Document filed by Shujah A. Awan. (Attachments: #1 Certification of Ahmad Awan, #2 Certification of Jonathan Gitlin).(Pincus, Andrew)
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Filing 29
CERTIFICATE OF SERVICE of Motion to Dismiss Complaint served on Timothy DiResta on 02/15/2021. Document filed by Biz2Credit Inc...(Pincus, Andrew)
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Filing 28
MOTION to Dismiss Complaint as against defendant Biz2Credit Inc.. Document filed by Biz2Credit Inc.. Responses due by 3/1/2021 (Attachments: #1 Memorandum of Law, #2 Proposed Order).(Pincus, Andrew)
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Filing 27
NOTICE OF MOTION FOR JUDGMENT BY DEFAULT, re: for Default Judgment as to Shujah A. Awan. Document filed by Timothy Diresta. (Attachments: #1 Affirmation, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit).(sc) Modified on 2/11/2021 (sc).
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Filing 26
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on March 2, 2021, at 4:00 p.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. (As further set forth in this Order.) Initial Conference set for 3/2/2021 at 04:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/11/2021) (cf)
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Filing 25
ORDER granting #19 Motion for Permission for Electronic Case Filing (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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Filing 24
CLERK'S CERTIFICATE OF DEFAULT as to Shujah A. Awan.(km)
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Filing 23
(Revised)PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Timothy Diresta. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 22
AFFIRMATION of Timothy DeResta IN SUPPORT OF REQUEST FOR CERTIFICATE OF DEFAULT, re: #21 Remark. Document filed by Timothy Diresta. (sc)
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Filing 21
REQUEST FOR CLERK'S CERTIFICATE OF DEFAULT. Document filed by Timothy Diresta. (sc)
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Filing 20
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Timothy Diresta. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/10/2021 (km).
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Filing 19
MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, re: for Permission for Timothy DiResta to participate in electronic case filing in this case. Document filed by Timothy Diresta.(sc)
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***NOTICE REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: RE-FILE Document No. #20 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default lists the wrong filed date for the complaint. The date listed is the date for the EDNY. Leave date on the certificate, but add that the case was transferred to the SDNY on _____. The proposed clerk's certificate of default lists the wrong name(s) for the party(ies) who was/were served. Your proof of service states that it was not personally served on the defendant, someone else accepted service for the defendant. Please add correct name of who accepted service. Please submit document to the Pro se office. (km)
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NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (vba)
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Magistrate Judge Sarah Netburn 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. (vba)
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Filing 17
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Timothy DiResta consents to receive electronic service via the ECF system. Document filed by Timothy Diresta. (ok)
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Filing 16
AFFIDAVIT OF SERVICE of Summons and Complaint. Shujah A. Awan served on 1/18/2021, answer due 2/8/2021. Service was accepted by Ahmad Awan, Parent, co-resident. Document filed by Timothy Diresta. (sc)
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Filing 15
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 2:20-cv-05032. Original file certified copy of transfer order and docket entries received. (sjo)
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Filing 14
ORDER: Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), the Clerk of Court is directed to transfer this action to the United States District Court for the Southern District of New York under Section 1406(a). The Clerk of the Court is further directed to mail a copy of this Order to Plaintiff and to mark this case closed. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore, should Plaintiff seek leave to appeal in forma pauperis, such status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered by Judge Joan M. Azrack on 1/11/2021. (Ortiz, Grisel) [Transferred from New York Eastern on 1/11/2021.]
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Case Designated ECF. (sjo)
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Case electronically transferred the Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Ortiz, Grisel) [Transferred from New York Eastern on 1/11/2021.]
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***Staff notes: Attorney Andrew J. Pincus, has been checked for disciplinary actions in NY, NJ, CT and EDNY; there are no disciplinary actions as of 12/22/2020; counsel is admitted to practice in this court. (Ortiz, Grisel) [Transferred from New York Eastern on 1/11/2021.]
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Filing 13
NOTICE of Appearance by Andrew J. Pincus on behalf of Biz2Credit Inc. (aty to be noticed) (Pincus, Andrew) [Transferred from New York Eastern on 1/11/2021.]
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Filing 12
Letter Response to Defense's 12/10/20 Pre-Motion Letter, by Timothy DiResta (DiResta, Timothy) [Transferred from New York Eastern on 1/11/2021.]
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Filing 11
Letter MOTION For Pre Motion Conference: This office represents defendant Biz2Credit Inc. (Biz2Credit) in the action referenced above. 1 We write pursuant to the Courts Individual Practice Rules to request a conference as a prelude to a motion we intend to file on behalf of Biz2Credit to dismiss the complaint herein. (Brown, Marc) Modified event type from Letter to Motion on 12/17/2020 (Ortiz, Grisel). [Transferred from New York Eastern on 1/11/2021.]
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Filing 10
ORDER granting #9 Motion for Extension of Time to Answer. Defendant Biz2Credit Inc.'s time to answer or otherwise respond to the complaint is extended to December 16, 2020. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/17/2020. (Wolf, Deanna) [Transferred from New York Eastern on 1/11/2021.]
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Email Notification Test - DO NOT REPLY (Florio, Lisa) [Transferred from New York Eastern on 1/11/2021.]
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Filing 9
Consent MOTION for Extension of Time to File Answer re #1 Complaint by Biz2Credit Inc.. (Manheim, Jennifer) [Transferred from New York Eastern on 1/11/2021.]
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Filing 8
ORDER granting #7 Motion for Leave to Allow Pro Se to Electronically File. The Pro Se Plaintiff is cautioned that he must abide by all of the protocols and requirements for e-filings. The pro se party shall register for ECF, registration is available online at www.pacer.gov. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/30/2020. (Ryan, Mary) [Transferred from New York Eastern on 1/11/2021.]
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Filing 7
Letter MOTION for leave to allow Pro Se to Electronically File by Timothy DiResta. (Florio, Lisa) [Transferred from New York Eastern on 1/11/2021.]
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Filing 6
Letter from Pro Se Office to Pro Se Litigant dated 10/26/2020 Re: This letter acknowledges receipt of your civil action(s). (Ortiz, Grisel) [Transferred from New York Eastern on 1/11/2021.]
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Filing 5
Summons Issued as to Shujah A. Awan, Biz2Credit Inc.. (Ortiz, Grisel) [Transferred from New York Eastern on 1/11/2021.]
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***Copy of Documents Mailed (Copy mailed/e-mailed to pro se party) Mailed to the address: Copy of #5 Summons Issued mailed to Timothy DiResta 9 Pinehurst St NY Lido Beach, NY 11561 AND 101 E. Park Ave, #450, Long Beach, NY 11561(see summons). (Ortiz, Grisel) (TY-CT) [Transferred from New York Eastern on 1/11/2021.]
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Filing 4
Proposed Summons.Civil Cover Sheet.. by Timothy DiResta (DiResta, Timothy) [Transferred from New York Eastern on 1/11/2021.]
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Filing 3
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) [Transferred from New York Eastern on 1/11/2021.]
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Filing 2
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) [Transferred from New York Eastern on 1/11/2021.]
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Case Assigned to Judge Joan M. Azrack and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) [Transferred from New York Eastern on 1/11/2021.]
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***Staff notes; Pro Se plaintiff Timothy DiResta is an attorney who opened the case under his ecf account. After paying the filing fee, his attorney account was removed from the case and he was listed as pro se. Attorney is aware that he needs to apply for pro se e-filing privileges. (Rodin, Deanna) [Transferred from New York Eastern on 1/11/2021.]
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Your proposed summons was not issued for the following reason: No name and address in the Plaintiff's attorney name and address section.Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) [Transferred from New York Eastern on 1/11/2021.]
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***Copy of Docket Sheet Mailed to pro se plaintiff at the address: 9 Pinehurst St. Lido Beach, NY 11561. (Rodin, Deanna) [Transferred from New York Eastern on 1/11/2021.]
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The case of DiResta v. Biz2Credit Inc. et al, has been opened in the Eastern District of New York. The case number is 20cv5032. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Rodin, Deanna) [Transferred from New York Eastern on 1/11/2021.]
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CIVIL CASE FILING FEE: $ 400, receipt number ANYEDC-13562480 (DiResta, Timothy) [Transferred from New York Eastern on 1/11/2021.]
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** Non Prisoner ProSe Flag Set (Rodin, Deanna) [Transferred from New York Eastern on 1/11/2021.]
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Filing 1
COMPLAINT against Shujah A. Awan, Biz2Credit Inc. Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Timothy DiResta. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rodin, Deanna) [Transferred from New York Eastern on 1/11/2021.]
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