Norris v. Frisolino, Inc. et al
| Namel Norris |
| Frisolino, Inc. a New York corporation doing business as Piccolo Angolo and 58 Jane Street Associates LLC |
| 1:2021cv03600 |
| April 22, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on October 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 15 LETTER MOTION for Extension of Time to Move for Default Judgment addressed to Judge Jesse M. Furman from B. Bradley Weitz, Esq. dated June 17, 2021. Document filed by Namel Norris..(Weitz, Ben-Zion) |
| Filing 14 AFFIDAVIT OF SERVICE of DE 11 Order Scheduling Default Judgment Briefing and Show Cause Hearing served on DEFENDANTS on June 7th & June 8th. Service was accepted by Migliorina. Service was made by Mail also. Document filed by Namel Norris. (Attachments: #1 Courier Receipt - delivery to Defendants, #2 Fedex delivery to Tenant, #3 Fedex delivery to Landlord).(Weitz, Ben-Zion) |
Filing 13
ORDER: granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, #7 Order for Initial Pretrial Conference #11 Order, Set Deadlines, Set Hearings, addressed to Judge Jesse M. Furman. The time for Defendant 58 Jane Street Associates LLC ("58 Jane Street") to answer or otherwise respond to the Complaint is hereby extended nunc pro tunc until July 30, 2021. The initial pretrial conference as to 58 Jane Street is reinstated, but the Court is not willing to wait until September 2021 to hold it; instead, it is reinstated for August 11, 2021, at 4:15 p.m. The Court's previous order scheduling default proceedings is vacated as to 58 Jane Street, but remains in effect as to Defendant Frisolino, Inc. The Clerk of Court is directed to terminate ECF No. 12. SO ORDERED. 58 Jane Street Associates LLC answer due 7/30/2021. (Signed by Judge Jesse M. Furman on 6/14/2021) (ama)
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| Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, #7 Order for Initial Pretrial Conference,,,,,,,,, #11 Order,,,,,,,,,,,,,, Set Deadlines,,,,,,,,,,,,,, Set Hearings,,,,,,,,,,,,, addressed to Judge Jesse M. Furman from Doreen J. Fischman dated June 14, 2021. Document filed by 58 Jane Street Associates LLC..(Fischman, Doreen) |
| Set/Reset Hearings: Initial Conference set for 8/11/2021 at 04:15 PM before Judge Jesse M. Furman. (ama) |
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Filing 11
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: On April 22, 2021, Plaintiff filed his Complaint with the Court. See ECF No. 1. Defendants were served with the Complaint on May 11, 2021, and proof of service was filed with the Court. See ECF Nos. 9 & 10. To date, Defendants have neither answered the Complaint, nor otherwise appeared in this action. In light of the foregoing, it is hereby ORDERED that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), no later than June 18, 2021. Defendants shall file any opposition to the motion for default judgment no later than June 25, 2021. Defendants are cautioned that a corporation and a limited liability company may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007); Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006), and where a either "repeatedly fails to appear by counsel, a default judgment may be entered against it," Grace, 443 F.3d at 192 (internal quotation marks omitted). If a motion for default judgment is filed, it is further ORDERED that Defendants appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on July 7, 2021, at 4:45 p.m., why an order should not be issued granting a default judgment against Defendants. Prior to that date, Plaintiff must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. In the event that any Defendant appears or opposes the motion for default judgment prior to that date, the parties shall prepare to treat that conference as the initial pretrial conference with respect to any such appearing Defendant. That is, if any Defendant appears, opposes the motion, or seeks a nunc pro tunc extension of time to respond to the complaint, then the parties including any such appearing Defendant shall follow the pre-conference procedures specified in the Court's Order of April 23, 2021 including by submitting a joint letter addressing certain topics and a proposed case management plan no later than the Thursday prior to the conference and by participating in an early mediation session at least two weeks prior to the conference. See ECF No. 7. It is further ORDERED that Plaintiff serve Defendants via overnight courier (1) with a copy of this Order within one business day of the date of this Order; and (2) with a copy of the motion for default judgment and all supporting papers within one business day of the date of any such motion. In each case, within two business days of service, Plaintiff must file proof of such service on the docket. Finally, it is ORDERED that the initial pretrial conference previously scheduled for July 28, 2021 is adjourned sine die. SO ORDERED., Motions due by 6/18/2021., Responses due by 6/25/2021, Show Cause Hearing set for 7/7/2021 at 04:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/4/2021) (rj)
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| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Frisolino, Inc. served on 5/11/2021, answer due 6/1/2021. Service was accepted by Nancy Dougherty, as Authorized Agent of the Office of the Secretary of State of the State of New York. Document filed by Namel Norris..(Weitz, Ben-Zion) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. 58 Jane Street Associates LLC served on 5/11/2021, answer due 6/1/2021. Service was accepted by Nancy Dougherty, as Authorized Agent of the Office of the Secretary of State of the State of New York. Document filed by Namel Norris..(Weitz, Ben-Zion) |
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Filing 8
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation should take place at least two weeks prior to the Initial Pretrial Conference, which is currently scheduled (by separate Order to be entered today) for July 28, 2021. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647.( Mediator to be Assigned by 5/3/2021.) (Signed by Judge Jesse M. Furman on 4/23/21) (yv)
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Filing 7
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties shall appear for an initial pretrial conference with the Court on July 28, 2021, at 4:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://nysd.uscourts.gov/rules/ecf-related-instructions. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. 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. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 7/28/2021 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/23/21) (yv)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to 58 Jane Street Associates LLC..(dnh) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Frisolino, Inc...(dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(dnh) |
| 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 58 JANE STREET ASSOCIATES LLC, re: #1 Complaint. Document filed by Namel Norris..(Weitz, Ben-Zion) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to FRISOLINO, INC., re: #1 Complaint. Document filed by Namel Norris..(Weitz, Ben-Zion) |
| Filing 2 CIVIL COVER SHEET filed..(Weitz, Ben-Zion) |
| Filing 1 COMPLAINT against 58 Jane Street Associates LLC, Frisolino, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24440620)Document filed by Namel Norris..(Weitz, Ben-Zion) |
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