Harvey et al v. Permanent Mission of The Republic of Sierra Leone to the United Nations et al
Plaintiff: Janet Harvey and Joseph Harvey
Defendant: David I Montesi, Empire Group NYC, LLC and Permanent Mission of The Republic of Sierra Leone to the United Nations
Case Number: 1:2021cv04368
Filed: May 14, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. ยง 1605
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2021 Opinion or Order Filing 46 ORDER granting #31 Motion for Ana Lorraine Jara to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
June 23, 2021 Filing 45 AFFIDAVIT OF SERVICE. Permanent Mission of The Republic of Sierra Leone to the United Nations served on 6/16/2021, answer due 8/16/2021. Service was made by Mail. Document filed by Janet Harvey; Joseph Harvey. (Attachments: #1 Exhibit).(Maimin, Rachel)
June 22, 2021 Filing 44 ANSWER to #1 Complaint,,., CROSSCLAIM against Permanent Mission of The Republic of Sierra Leone to the United Nations. Document filed by Empire Group NYC, LLC, David I Montesi..(Strong, Gary)
June 17, 2021 Filing 43 MEMO ENDORSEMENT on re: #40 Letter filed by Empire Group NYC, LLC. Granted. The deadline for Defendants Empire Group NYC, LLC and David I. Montesi to answer is extended to June 24, 2021. Empire Group NYC, LLC answer due 6/24/2021; David I Montesi answer due 6/24/2021. (Signed by Judge Edgardo Ramos on 6/17/2021) (cf)
June 17, 2021 Filing 42 NOTICE OF APPEARANCE by Gary Aaron Strong on behalf of David I Montesi..(Strong, Gary)
June 17, 2021 Filing 41 NOTICE OF APPEARANCE by Gary Aaron Strong on behalf of Empire Group NYC, LLC..(Strong, Gary)
June 17, 2021 Filing 40 LETTER addressed to Judge Edgardo Ramos from Gary Strong, Esq dated June 17, 2021 re: Extension of time to answer. Document filed by Empire Group NYC, LLC..(Strong, Gary)
June 10, 2021 Filing 39 CLERK CERTIFICATE OF MAILING of one copy of the Notice of Suit, Summons, Complaint deemed filed May 14, 2021, Exhibits to the Complaint, Notice of Appearance for Rachel Maimin, Proposed Temporary Restraining Order and Order to Show Cause for Preliminary Injunction, Memorandum of Law in Support of Plaintiffs Ex Parte Application, Declaration of Janet Harvey & Matthew Bendix, Foreign Sovereign Immunities Act, Order to Show Cause mailed to Defendant PERMANENT MISSION OF THE REPUBLIC OF SIERRA LEONE TO THE UNITED NATIONS, c/o Foreign Minister David J. Francis, OAU Drive, Tower Hill, Freetown, Sierra Leone on 06/10/2021 by DHL tracking # 866 0446 163, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (JKR)
June 7, 2021 Opinion or Order Filing 38 CONSENT ORDER: ORDERED that Plaintiffs and Defendants shall enter into an access agreement by June 7, 2021 for the Defendants to enter onto Plaintiffs' property to install a temporary chimney extension. (As further set forth in this Order.) The June 23, 2021 hearing is hereby adjourned. (Signed by Judge Edgardo Ramos on 6/7/2021) (cf)
June 4, 2021 Filing 37 PROPOSED CONSENT ORDER. Document filed by Janet Harvey, Joseph Harvey. (Attachments: #1 Text of Proposed Order).(Maimin, Rachel)
June 3, 2021 Opinion or Order Filing 36 ORDER granting #35 Letter Motion for Extension of Time to File Response/Reply re #35 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #14 Order to Show Cause Set Deadlines addressed to Judge Edgardo Ramos from Christopher Slowik dated 06/03/2021. Granted. The June 4, 2021 conference is hereby adjourned to June 23, 2021 at 4:30 p.m. Defendants' opposition is now due Tuesday, June 15, 2021, and Plaintiffs' reply is now due Thursday, June 17, 2021. The Clerk of Court is respectfully directed to terminate the motion. Doc. 35. Responses due by 6/15/2021 Replies due by 6/17/2021. (Signed by Judge Edgardo Ramos on 6/3/2021) (cf)
June 3, 2021 Filing 35 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #14 Order to Show Cause,,,,,, Set Deadlines,,,,, addressed to Judge Edgardo Ramos from Christopher Slowik dated 06/03/2021. Document filed by Empire Group NYC, LLC, David I Montesi. Return Date set for 6/18/2021 at 03:00 PM..(Slowik, Christopher)
June 3, 2021 Set/Reset Hearings: Show Cause Hearing set for 6/23/2021 at 04:30 PM before Judge Edgardo Ramos. (cf)
May 27, 2021 Filing 33 CLERK CERTIFICATE OF MAILING of one copy of the Notice of Suit, Summons, Compliant deemed filed May 14, 2021, Exhibits to the Complaint, Notice of Appearance for Rachel Maimin, Proposed Temporary Restraining Order and Order to Show Cause for Preliminary Injunction, Memorandum of Law in Support of Plaintiffs Ex Parte Application, Declaration of Janet Harvey & Matthew Bendix, Foreign Sovereign Immunities Act, Order to Show Cause mailed to defendant PERMANENET MISSION OF THE REPUBLIC OF SIERRA LEONE TO THE UNITED NATIONS, c/o Foreign Minister David J. Francis, OAU Drive, Tower Hill, Freetown, Sierra Leone on 05/27/2021 by Federal Express tracking # 8108 3983 3650, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (JKR)
May 21, 2021 Opinion or Order Filing 32 MEMO ENDORSEMENT terminating #25 Letter Motion for Extension of Time to File Response/Reply re #25 LETTER MOTION for Extension of Time to File Response/Reply as to #14 Order to Show Cause addressed to Judge Edgardo Ramos from Christopher Slowik dated 05/19/2020. LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Christopher; Slowik dated 05/19/2020.; terminating #25 Letter Motion for Extension of Time; #30 LETTER addressed to Judge Edgardo Ramos from Christopher Slowik dated 05/21/2021. ENDORSEMENT: The May 21, 2021 conference is adjourned to June 4, 2021 at 3:15 p.m. The hearing will now take place in Room 619. The Clerk of Court is respectfully directed to terminate the motion. Doc. 25. (Signed by Judge Edgardo Ramos on 5/21/2021) (cf)
May 21, 2021 Filing 31 MOTION for Ana Lorraine Jara to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24574626. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Janet Harvey, Joseph Harvey. (Attachments: #1 Affidavit Affidavit of Ana Jara, #2 Proposed Order, #3 DC Certificate of Good Standing, #4 MD Certificate of Good Standing).(Maimin, Rachel)
May 21, 2021 Filing 30 LETTER addressed to Judge Edgardo Ramos from Christopher Slowik dated 05/21/2021 re: Response to letter of Rachel Maimin, Esq.. Document filed by Empire Group NYC, LLC..(Slowik, Christopher)
May 21, 2021 Filing 29 LETTER addressed to Judge Edgardo Ramos from Rachel Maimin dated 05/21/2021 re: Update to Temporary Restraining Order Request. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 21, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Ana Lorraine Jara to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24574626. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
May 21, 2021 Set/Reset Hearings: Show Cause Hearing set for 6/4/2021 at 03:15 PM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (cf)
May 19, 2021 Filing 28 LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Rachel Maimin dated 05/19/2021 re: #25 LETTER MOTION for Extension of Time to File Response/Reply as to #14 Order to Show Cause,,,,,, Set Deadlines,,,,, addressed to Judge Edgardo Ramos from Christopher Slowik dated 05/19/2020. LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Christopher Slowik dated 05/19/2020. . Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 19, 2021 Filing 27 ELECTRONIC SUMMONS ISSUED as to Permanent Mission of The Republic of Sierra Leone to the United Nations..(gp)
May 19, 2021 Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Permanent Mission of The Republic of Sierra Leone to the United Nations, re: #1 Complaint,,. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 19, 2021 Filing 25 LETTER MOTION for Extension of Time to File Response/Reply as to #14 Order to Show Cause,,,,,, Set Deadlines,,,,, addressed to Judge Edgardo Ramos from Christopher Slowik dated 05/19/2020., LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Christopher Slowik dated 05/19/2020.( Return Date set for 5/21/2021 at 03:00 PM.) Document filed by Empire Group NYC, LLC, David I Montesi. (Attachments: #1 Exhibit DOB Data Screen for 249 E. 49th Street, #2 Exhibit DOB Data Screen for Stop Work Order, #3 Exhibit Email from Christopher Slowik to Rachel Maimim, Esq., counsel for Plaintiffs, 05/19/2021 at 2:01 pm).(Slowik, Christopher)
May 19, 2021 Filing 24 NOTICE OF APPEARANCE by Christopher Michael Slowik on behalf of David I Montesi..(Slowik, Christopher)
May 19, 2021 Filing 23 NOTICE OF APPEARANCE by Christopher Michael Slowik on behalf of Empire Group NYC, LLC..(Slowik, Christopher)
May 18, 2021 Filing 22 AFFIDAVIT OF SERVICE of Temporary Restraining Order and Order to Show Cause for Injunctive Relief, Proposed Order to Show Cause with Emergency Relief, Memorandum of Law in Support of Order to Show Cause, Declarations of Matthew Bendix and Janet Harvey, Requests for Issuance of Summonses, Civil Cover Sheet and Notice of Appearance served on PERMANENT MISSION OF THE REPUBLIC OF SIERRA LEONE TO THE UNITED NATIONS on 05/18/2021. Service was accepted by Fatima (F/B 40-49 years old, 54 tall, 140 lbs. with black hair and brown eyes) who advised at the time of service that she is authorized to accept on behalf of Permanent Mission of the Republic of Sierra Leone to the United Nations. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 18, 2021 Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Permanent Mission of The Republic of Sierra Leone to the United Nations served on 5/18/2021, answer due 7/19/2021. Service was accepted by Fatima (F/B 40-49 years old, 54 tall, 140 lbs. with black hair and brown eyes) who advised at the time of service that she is authorized to accept on behalf of Permanent Mission of the Republic of Sierra Leone to the United Nations.. Document filed by Janet Harvey; Joseph Harvey..(Maimin, Rachel)
May 18, 2021 Filing 20 AFFIDAVIT OF SERVICE of Temporary Restraining Order and Order to Shows Cause for Preliminary Injunction served on EMPIRE GROUP NYC, LLC on 05/15/2021. Service was accepted by Lisa Montesi. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 18, 2021 Filing 19 AFFIDAVIT OF SERVICE of Temporary Restraining Order and Order to Shows Cause for Preliminary Injunction served on David I. Montesi on 05/15/2021. Service was accepted by Lisa Montesi. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 18, 2021 Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Service was accepted by Lisa Montesi. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 18, 2021 Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Service was accepted by Lisa Montesi. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 18, 2021 Filing 16 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - (SEE DOCUMENT #18) - ACKNOWLEDGMENT OF SERVICE Summons and Complaint,, served. Empire Group NYC, LLC served on 5/17/2021, answer due 6/7/2021. Service was accepted by Lisa Montesi. Document filed by Janet Harvey; Joseph Harvey..(Maimin, Rachel) Modified on 5/20/2021 (lb).
May 18, 2021 Filing 15 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - (SEE DOCUMENT #17) - ACKNOWLEDGMENT OF SERVICE Summons and Complaint,, served. David I Montesi served on 5/17/2021, answer due 6/7/2021. Service was accepted by Lisa Montesi. Document filed by Janet Harvey; Joseph Harvey..(Maimin, Rachel) Modified on 5/20/2021 (lb).
May 14, 2021 Opinion or Order Filing 14 TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: IT IS HEREBY ORDERED that Defendants appear to show cause on the 21st day of May, 2021 at 3:00 p.m. or as soon thereafter as counsel can be heard, in Courtroom 318 of the United States District Court for the Southern District of New York 40 Foley Sqaure at New York, New York why an order pursuant to Rule 65 of the Federal Rules of Civil Procedure should not be entered granting Plaintiffs a preliminary injunction as follows: Comply within five (5) days of this Order with New York City Building Code Section 3309.10 and the Orders of the New York City Building Department dated April 19, 2021 and May 7, 2021 and secure Plaintiffs' roof by: (i) providing the Plaintiffs' roof with appropriate protections, including full wood planks that cover the entirety of the Harveys' roof; (ii) removing or safely installing the scaffolding previously placed by Defendants on the Harveys' roof without their permission; and (iii) protecting the Harveys' fans on their roof; as further set forth in this Order. Any reply by Plaintiffs to be electronically filed and served by May 20, 2021 at 5:00 p.m. ( Show Cause Hearing set for 5/21/2021 at 03:00 PM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.), ( Replies due by 5/20/2021.) (Signed by Judge Edgardo Ramos on 5/14/2021) (cf)
May 14, 2021 Filing 13 DECLARATION of Matthew Bendix in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Janet Harvey, Joseph Harvey. (Attachments: #1 Exhibit A, #2 Exhibit B).(Maimin, Rachel)
May 14, 2021 Filing 12 ELECTRONIC SUMMONS ISSUED as to Permanent Mission of The Republic of Sierra Leone to the United Nations..(jgo)
May 14, 2021 Filing 11 ELECTRONIC SUMMONS ISSUED as to Empire Group NYC, LLC..(jgo)
May 14, 2021 Filing 10 ELECTRONIC SUMMONS ISSUED as to David I Montesi..(jgo)
May 14, 2021 Filing 9 DECLARATION of Janet Harvey in Support re: #7 Proposed Order to Show Cause With Emergency Relief. Document filed by Janet Harvey, Joseph Harvey. (Attachments: #1 Exhibit A, #2 Exhibit B).(Maimin, Rachel)
May 14, 2021 Filing 8 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief . Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 14, 2021 Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
May 14, 2021 Filing 6 NOTICE OF APPEARANCE by Rachel Maimin on behalf of Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 14, 2021 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to David I. Montesi, re: #1 Complaint,,. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 14, 2021 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Empire Group NYC, LLC, re: #1 Complaint,,. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 14, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Permanent Mission of The Republic of Sierra Leone to the United Nations, re: #1 Complaint,,. Document filed by Janet Harvey, Joseph Harvey..(Maimin, Rachel)
May 14, 2021 Filing 2 CIVIL COVER SHEET filed..(Maimin, Rachel)
May 14, 2021 Filing 1 COMPLAINT against Empire Group NYC, LLC, David I Montesi, Permanent Mission of The Republic of Sierra Leone to the United Nations. (Filing Fee $ 402.00, Receipt Number ANYSDC-24542177)Document filed by Janet Harvey, Joseph Harvey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3(a)-3(e), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15).(Maimin, Rachel)
May 14, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rachel Maimin. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:9607; Dollar Demand $155,000,000;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1605; the Dollar Demand has been modified to $155,000;. (jgo)
May 14, 2021 Case Designated ECF. (jgo)
May 14, 2021 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)
May 14, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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)
May 14, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Harvey et al v. Permanent Mission of The Republic of Sierra Leone to the United Nations et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Janet Harvey
Represented By: Rachel Maimin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Joseph Harvey
Represented By: Rachel Maimin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: David I Montesi
Represented By: Christopher Michael Slowik
Represented By: Gary Aaron Strong
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Empire Group NYC, LLC
Represented By: Christopher Michael Slowik
Represented By: Gary Aaron Strong
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Permanent Mission of The Republic of Sierra Leone to the United Nations
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?