5055 Broadway L.P. v. Rodrigues et al
| 5055 Broadway L.P. |
| Jane Doe, Hugo Estaban Rodrigues, John Doe, All Parking Corp., XYZ Corp. No. 1-5, XYZ Corp. No. 2-5 and All Park NY Inc. |
| 1:2021cv00488 |
| January 20, 2021 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Rent Lease & Ejectment |
| 28 U.S.C. § 1345 pe |
| None |
Docket Report
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This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.
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Filing 32
MEMO ENDORSEMENT on re: #31 Letter filed by 5055 Broadway L.P. ENDORSEMENT: ENDORSEMENT: Request GRANTED. The telephone conference previously scheduled for March 15, 2021 (see ECF No. 26) is hereby adjourned to Wednesday, April 14, 2021, at 2:00 p.m. So Ordered. (Telephone Conference set for 4/14/2021 at 02:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 3/11/2021) (js)
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| Filing 31 LETTER addressed to Magistrate Judge Stewart D. Aaron from Howard W. Kingsley dated 3/11/2021 re: Cancellation/Adjournment of Telephone Conference set for 3/15/2021. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
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Filing 30
CONSENT JUDGMENT OF EJECTMENT AND WRIT OF ASSISTANCE: Now on motion of Rosenberg & Estis, P.C., attorneys for Owner, and Michael A. Delakas, Esq., attorney for Defendants, it is hereby: Adjudged, that Owner is hereby entitled to recover immediate possession of the Property from Defendants; and it is further Adjudged, that Owner is authorized under the supervision and with assistance of the United States Marshal to take all necessary steps to take possession of the Property, including breaking open and entering the Property and evicting all persons located at the Property; and it is further Adjudged, that anyone interfering with the execution of this Judgment is subject to arrest by the United States Marshal and/or his or her representative; and is further Adjudged, that Owner, on whose behalf the court issues this Judgment, will act as substitute custodian of any and all property seized pursuant to this order and shall hold harmless the U.S. Marshals Service and its employees from any and all claims, asserted in any court or tribunal, arising from any acts, incidents, or occurrences in connection with the seizure and possession of the defendant property, including, any third-party claims. The Clerk of Court shall enter this Judgment and Writ of Assistance without further notice. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 3/10/2021) (js) Transmission to Orders and Judgments Clerk for processing.
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Filing 29
STIPULATION OF SETTLEMENT: Defendants hereby appear in this case by their attorney, Michael A. Delakas, Esq. and admit: (a) the allegations set forth in the Complaint; (b) that the Occupancy Agreement has been terminated; (c) that they have no right to occupy the Property; and (d0 that they have no defenses to this Action, including, without limitation, the lack of personal jurisdiction. Defendants consent to the filing of this Stipulation in lieu of an answer. The caption of this case and all future papers are amended to substitute All Park NY Inc. as a defendant herein in the place and instead of defendant "XYZ Corp. No. 1. Defendants consent to the immediate entry of the Consent Judgment of Ejectment and a Writ of Assistance in the form annexed hereto as Exhibit A in favor of Owner and against defendants, granting legal possession of the Property to Owner (the "Judgment"). If possession of the Property is not delivered to Owner on or before the Vacate Date in accordance with the provisions of this Stipulation, then, without any or further notice: (a) defendants forfeit their rights to receive any consideration pursuant to the terms of the Agreement; (b) defendants consent to the entry of a money judgment in favor of Owner and against defendants, jointly and severally, for the amount of $30,000, representing use and occupancy at the rate of $6,000 per month from October 1, 2020 through the date hereof, plus interest; (c) consent to the entry of a money judgment in favor of Owner and against defendants, jointly and severally, at the rate of $400.00 per day for each day they remain in possession of the Property after the Vacate Date; (d) defendants consent to the entry of a money judgment in favor of Owner and against defendants, jointly and severally, in the amount of attorneys' fees that have been incurred and/or will be incurred by Owner in connection with this proceeding, plus interest, the amount of which shall be determined by the Court. All other provisions as further set forth in this Order. So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 3/10/2021) (js)
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| Filing 28 PROPOSED JUDGMENT. Document filed by 5055 Broadway L.P...(Meskin, Jarret) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 27 PROPOSED STIPULATION AND ORDER. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #28 Proposed Judgment was reviewed and approved as to form. (dt) |
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Filing 26
ORDER FOR TELEPHONE CONFERENCE: The parties are directed to appear for a telephone conference on Monday, March 15, 2021, at 2:00 p.m. EST to discuss the status of this action. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. So Ordered. (Telephone Conference set for 3/15/2021 at 02:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 3/8/2021) (js)
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| Filing 25 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by 5055 Broadway L.P., All Parking Corp., Hugo Estaban Rodrigues. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Stewart D. Aaron. (Signed by Judge Analisa Torres on 3/5/2021) (mml) |
| Filing 24 NOTICE OF APPEARANCE by Michael Anthony Delakas on behalf of All Parking Corp., Jane Doe, John Doe, Hugo Estaban Rodrigues, XYZ Corp. No. 1-5..(Delakas, Michael) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,. XYZ Corp. No. 1-5 served on 2/4/2021, answer due 2/25/2021. Service was accepted by Nancy Dougherty. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,. Jane Doe served on 1/26/2021, answer due 2/16/2021. Service was accepted by Wilfredo Lopez. Service was made by Mail. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. John Doe served on 1/26/2021, answer due 2/16/2021. Service was accepted by Wilfredo Lopez. Service was made by Mail. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint,. XYZ Corp. No. 1-5 served on 1/26/2021, answer due 2/16/2021. Service was accepted by Wilfredo Lopez. Service was made by Mail. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint,. All Parking Corp. served on 1/22/2021, answer due 2/12/2021. Service was accepted by Sue Zouky. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,. Hugo Estaban Rodrigues served on 1/26/2021, answer due 2/16/2021. Service was accepted by Wilfredo Lopez. Service was made by Mail. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
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Filing 17
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 11:20 a.m., on March 22, 2021, 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 3/22/2021 at 11:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 2/2/2021) (kv)
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Filing 16
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 2/2/2021) (kv)
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Filing 15
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 herein). SO ORDERED. (Signed by Judge Analisa Torres on 2/2/2021) (kv)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to XYZ Corp. No. 1-5..(jgo) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to John Doe..(jgo) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Jane Doe..(jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Hugo Estaban Rodrigues..(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to All Parking Corp...(jgo) |
| Filing 9 NOTICE OF APPEARANCE by Howard W. Kingsley on behalf of 5055 Broadway L.P...(Kingsley, Howard) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to JANE DOE, re: #1 Complaint,. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to JOHN DOE, re: #1 Complaint,. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to XYZ CORP. NO. 1-5, re: #1 Complaint,. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to ALL PARKING CORP., re: #1 Complaint,. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to HUGO ESTABAN RODRIGUES, re: #1 Complaint,. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 5055 Broadway L.P...(Meskin, Jarret) |
| Filing 2 CIVIL COVER SHEET filed..(Meskin, Jarret) |
| 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) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Stewart D. Aaron 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) |
| Filing 1 COMPLAINT against All Parking Corp., Jane Doe, John Doe, Hugo Estaban Rodrigues, XYZ Corp. No. 1-5. (Filing Fee $ 402.00, Receipt Number ANYSDC-23603560)Document filed by 5055 Broadway L.P.. (Attachments: #1 Exhibit Exhibit A to Complaint).(Meskin, Jarret) |
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