Santana et al v. Gravagna et al
| Altagracia Santana, Daisy Cabrera and Genesis Cabrera |
| Peter Gravagna, Peter Kreastouslas, Gus Gravagna, 217 L.L.C., Justin J. Gravagna, Petina Moving and Storage L.L.C., Cubesmart Storage, Javis (Last Name Unknown), Angel Romero Matias, Marshal Thomas Bia, Janet Goldstein, Hertz, Cherson & Rosenthal P.C., Steve Hertz, Michael Taylor, Orquieda Rivera, Heath Tygar, Costas Kreatsoulas, Johanna Kreatsoulas, Doria Kreatsoulas, Alan Berstein, Maria Gonzalez and Della DeKay |
| 1:2021cv08724 |
| October 25, 2021 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Sarah Netburn |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Mailed a copy of #57 Order, Set Deadlines, and a Consent to Electronic Service form, to Altagracia Santana at P.O. Box 501, Bronx, NY 10463; to Daisy Cabrera at P.O. Box 501, Bronx, NY 10463; and to Genesis Cabrera at P.O. Box 501, Bronx, NY 10463. (kh) |
| Mailed a copy of #56 Order for Initial Pretrial Conference to Altagracia Santana at P.O. Box 501, Bronx, NY 10463; to Daisy Cabrera at P.O. Box 501, Bronx, NY 10463; and to Genesis Cabrera at P.O. Box 501, Bronx, NY 10463. (kh) |
Filing 57
ORDER: On November 23, 2021, Defendant Cubesmart Storage moved to dismiss Plaintiffs' Complaint. ECF No. 38. The motion to dismiss was served on Plaintiffs via first class mail on December 2, 2021, and their opposition was accordingly due on December 16, 2021. As of the issuance of this order, Plaintiffs have not filed any opposition. Plaintiffs must file their opposition to Cubesmart's motion or a letter showing good cause why they are unable to do so no later than January 7, 2022. If Plaintiffs do not file an opposition or letter by that date, the Court may consider Cubesmart's motion to dismiss fully briefed and ready for resolution. If Plaintiffs wish to receive electronic notice of filings in this matter, they may file an application to do so. The Clerk of Court is respectfully directed to mail to the pro se Plaintiffs a copy of this Order and an application to receive electronic notifications of ECF filings. SO ORDERED. ( Responses due by 1/7/2022) (Signed by Magistrate Judge Sarah Netburn on 12/17/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 56
ORDER: Initial Conference by telephone set for 1/26/2022 at 3:00 PM before Magistrate Judge Sarah Netburn. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. All parties are reminded that they must serve Plaintiffs by mail and file proof of service. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiffs. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 12/17/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 55
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Sarah Netburn. Particular Motions: Dkt. No. 38; Dkt. No. 50. All such motions: Any future motions to dismiss by remaining Defendants. Motions referred to Sarah Netburn. (Signed by Judge Paul G. Gardephe on 12/17/2021) (ate)
|
| Filing 54 AFFIDAVIT OF SERVICE of Motion, Rule 7.1 and Notice of Appearance served on Altagracia Santana, Daisy Cabrera, Genesis Cabrera, Justin Gravagna, Marshal Thomas Bia, Della DeKay, Angel Matias and Alan Bernstein on December 15, 2021. Service was made by Mail. Document filed by 217 L.L.C., Peter Gravagna, Costas Kreatsoulas, Doria Kreatsoulas, Johanna Kreatsoulas..(Romero, Marvin) |
| Filing 53 AFFIDAVIT OF SERVICE of Answer and Rule 7.1 Disclosure served on Altagracia Santana, Daisy Cabrera, Genesis Cabrera, Marshal Thomas Bia, Della DeKay on 12/15/2021. Service was made by Mail. Document filed by Petina Moving and Storage L.L.C...(Davis, Alan) |
| Filing 52 ANSWER to #1 Complaint,,., COUNTERCLAIM against All Plaintiffs. Document filed by Petina Moving and Storage L.L.C...(Davis, Alan) |
| Filing 51 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Petina Moving and Storage L.L.C...(Davis, Alan) |
| Filing 50 MOTION to Dismiss . Document filed by 217 L.L.C., Maria Gonzalez, Peter Gravagna, Costas Kreatsoulas, Doria Kreatsoulas, Johanna Kreatsoulas. (Attachments: #1 Affidavit Affirmation in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Supplement Memo of Law).(Romero, Marvin) |
| Filing 49 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 217 L.L.C., Maria Gonzalez, Peter Gravagna, Doria Kreatsoulas, Johanna Kreatsoulas..(Romero, Marvin) |
| Filing 48 LETTER addressed to Magistrate Judge Sarah Netburn from Marvin N. Romero dated December 14, 2021 re: representation. Document filed by 217 L.L.C., Maria Gonzalez, Peter Gravagna, Doria Kreatsoulas, Johanna Kreatsoulas..(Romero, Marvin) |
| Filing 47 NOTICE OF APPEARANCE by Marvin Nelson Romero on behalf of Maria Gonzalez, Peter Gravagna, Doria Kreatsoulas, Johanna Kreatsoulas..(Romero, Marvin) |
|
Filing 46
ORDER granting #45 Letter Motion for Extension of Time to Answer. Defendant Petina Moving and Storage LLC's request is GRANTED. Defendant may respond to the Complaint no later than December 15, 2021. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Plaintiffs. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Netburn, Sarah) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of 46 Order on Motion for Extension of Time to Answer, to Altagracia Santana at P.O. Box 501, Bronx, NY 10463; to Daisy Cabrera at P.O. Box 501, Bronx, NY 10463; and to Genesis Cabrera at P.O. Box 501, Bronx, NY 10463. (dsh) |
| Filing 45 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Sarah Netburn from Alan M. Davis dated 12/08/2021. Document filed by Petina Moving and Storage L.L.C...(Davis, Alan) |
| Filing 44 LETTER addressed to Magistrate Judge Sarah Netburn from Sheryl Sanford dated December 2, 2021 re: Service of Motion to Dismiss to Pro Se Plaintiffs. Document filed by Cubesmart Storage..(Sanford, Sheryl) |
| Filing 43 CERTIFICATE OF SERVICE of Motion to Dismiss served on Altagracia Santana, Daisy Cabrera and Genesis Cabrera on 12/2/2021. Service was made by Mail. Document filed by Cubesmart Storage..(Sanford, Sheryl) |
|
Filing 42
ORDER: On November 30, 2021, the Honorable Paul G. Gardephe referred Defendant Cubesmart Storage's motion to dismiss, ECF No. 38, to me for a Report and Recommendation. Cubesmart's filing did not include a certificate of service attesting that the motion to dismiss was served on the pro se Plaintiffs. The pro se Plaintiffs have not consented to electronic service. No later than December 3, 2021, Cubesmart shall file a certificate of service attesting that its motion to dismiss was served on the pro se Plaintiffs. All parties are reminded that they must serve Plaintiffs by mail and file proof of service. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiffs. (Signed by Magistrate Judge Sarah Netburn on 12/2/2021) (ras)
|
|
Filing 41
AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) Particular Motion: Dkt. No. 38 (Motion to Dismiss). Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge Paul G. Gardephe on 11/30/2021) (kv)
|
| Mailed a copy of #40 Memo Endorsement, to Altagracia Santana at P.O. Box 501, Bronx, NY 10463; to Daisy Cabrera at P.O. Box 501, Bronx, NY 10463; and to Genesis Cabrera at P.O. Box 501, Bronx, NY 10463. (dsh) |
|
Filing 40
MEMO ENDORSEMENT on re: #39 Letter, filed by 217 L.L.C., Angel Romero Matias, Maria Gonzalez, Johanna Kreatsoulas, Peter Gravagna, Gus Gravagna, Alan Berstein, Costas Kreatsoulas, Doria Kreatsoulas. ENDORSEMENT: Defendants' request is GRANTED. Defendants 217 LLC, Peter Gravagna a/k/a "Peter Kreastouslas," Gus Gravagna, Javis LNU, Angel Romero Matias, Costas Kreatsoulos, Johanna Kreatsoulos, Doria Kreatsoulous, Alan Bernstein, and Maria Gonzalez may respond to the Complaint no later than December 15, 2021. Counsel for these Defendants is reminded to enter a Notice of Appearance on their behalf. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Plaintiffs. (Signed by Magistrate Judge Sarah Netburn on 11/24/2021) (ras) Transmission to Docket Assistant Clerk for processing.
|
| Filing 39 LETTER addressed to Magistrate Judge Sarah Netburn from Marvin Romero dated November 23, 2021 re: Extension. Document filed by 217 L.L.C., Alan Berstein, Maria Gonzalez, Gus Gravagna, Peter Gravagna, Costas Kreatsoulas, Doria Kreatsoulas, Johanna Kreatsoulas, Angel Romero Matias..(Romero, Marvin) |
| Filing 38 MOTION to Dismiss . Document filed by Cubesmart Storage. Return Date set for 12/1/2021 at 12:00 PM..(Sanford, Sheryl) |
| Filing 37 ANSWER to #1 Complaint. Document filed by Della DeKay.(sc) |
| Mailed a copy of 36 Order on Motion for Extension of Time to Answer, 35 Order on Motion for Extension of Time to Answer to Altagracia Santana at P.O. Box 501, Bronx, NY 10463; to Daisy Cabrera at P.O. Box 501, Bronx, NY 10463; and to Genesis Cabrera at P.O. Box 501, Bronx, NY 10463. (kh) |
|
Filing 36
ORDER granting #31 Letter Motion for Extension of Time to Answer. Defendant Cubesmart may answer or otherwise respond to the complaint by December 1, 2021. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Netburn, Sarah) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 35
ORDER granting #33 Letter Motion for Extension of Time to Answer. Defendants' answer is accepted as timely. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Netburn, Sarah) Transmission to Docket Assistant Clerk for processing.
|
| Filing 34 AFFIDAVIT OF SERVICE of LETTER MOTION served on ALTAGRACIA SANTANA DAISY CABRERA GENESIS CABRERA on 11/19/2021. Service was made by MAIL. Document filed by Janet Goldstein, Steve Hertz, Hertz, Cherson & Rosenthal P.C., Orquieda Rivera, Michael Taylor, Heath Tygar..(Levine, Howard) |
| Filing 33 LETTER MOTION for Extension of Time to File Answer re: #28 Answer to Complaint, Counterclaim addressed to Magistrate Judge Sarah Netburn from Jeffrey Steinitz, Esq dated 11/19/2021. Document filed by Janet Goldstein, Steve Hertz, Hertz, Cherson & Rosenthal P.C., Orquieda Rivera, Michael Taylor, Heath Tygar..(Levine, Howard) |
| Filing 32 NOTICE OF APPEARANCE by Howard Scott Levine on behalf of Janet Goldstein, Steve Hertz, Hertz, Cherson & Rosenthal P.C., Orquieda Rivera, Michael Taylor, Heath Tygar..(Levine, Howard) |
| Filing 31 LETTER MOTION for Extension of Time to File Answer to December 1, 2021 addressed to Magistrate Judge Sarah Netburn from Sheryl A. Sanford, Esq. dated November 19, 2021. Document filed by Cubesmart Storage..(Sanford, Sheryl) |
| Filing 30 NOTICE OF APPEARANCE, ANSWER to #1 Complaint, AND DEMAND TO TRANSFER. Document filed by Marshal Thomas Bia.(sc) |
| Filing 29 AFFIDAVIT OF SERVICE of ANSWER served on ALTAGRACIA SANTANA DAISY CABRERA GENESIS CABRERA on 11/18/21. Service was made by MAIL. Document filed by Janet Goldstein, Steve Hertz, Hertz, Cherson & Rosenthal P.C., Orquieda Rivera, Michael Taylor, Heath Tygar..(Levine, Howard) |
| Filing 28 ANSWER to #1 Complaint,,., COUNTERCLAIM against Altagracia Santana. Document filed by Michael Taylor, Orquieda Rivera, Steve Hertz, Janet Goldstein, Hertz, Cherson & Rosenthal P.C., Heath Tygar..(Levine, Howard) |
| Filing 27 NOTICE OF APPEARANCE by Howard Scott Levine on behalf of Janet Goldstein, Steve Hertz, Hertz, Cherson & Rosenthal P.C., Orquieda Rivera, Michael Taylor, Heath Tygar..(Levine, Howard) |
| Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Janet Goldstein, Steve Hertz, Hertz, Cherson & Rosenthal P.C., Orquieda Rivera, Michael Taylor, Heath Tygar..(Levine, Howard) |
|
Filing 25
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/16/2021) (ks)
|
| Filing 23 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Gus Gravagna served on 10/27/2021, answer due 11/17/2021. Service was accepted by (341 Kingsbridge Ave., Bronx,NY - Rang bell. Respondent identified himself as Gus or Peter Gravagna and refused to open door or speak further - lifted mailbox and left at door). Document filed by Altagracia Santana. (sc) |
| Filing 22 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Hertz, Cherson & Rosenthal P.C. served on 10/27/2021, answer due 11/17/2021. Service was accepted by (After multiple attempts to same office, I left at door of office of firm [ 118-35 Queens Blvd., Queens, NY]). Document filed by Altagracia Santana. (sc) Modified on 11/3/2021 (sc). |
| Filing 21 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Peter Gravagna, served on 10/27/2021, answer due 11/17/2021. Service was accepted by (at 341 Kingsbridge Ave., Bronx,NY - Rang bell. Respondent identified himself as Peter Gravagna and refused to open door or speak further - lifted mailbox and left at door). Document filed by Altagracia Santana. (sc) |
| Filing 20 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Michael Taylor, served on 10/27/2021, answer due 11/17/2021. Service was accepted by (Left at door of employer law office, 118-35 Queens Blvd., 9th Fl., Queens, NY). Document filed by Altagracia Santana. (sc) |
| Filing 19 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Heath Tygar served on 10/27/2021, answer due 11/17/2021. Service was accepted by (Left at door of employer law office, 118-35 Queens Blvd., Queens, NY). Document filed by Altagracia Santana. (sc) |
| Filing 18 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Janet Goldstein served on 10/27/2021, answer due 11/17/2021. Service was accepted by (left at door of her law office - 18-35 Queens Blvd., 9th Fl., Queens, NY). Document filed by Altagracia Santana. (sc) |
| Filing 17 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. 217 L.L.C. served on 10/27/2021, answer due 11/17/2021. Service was accepted by (Respondent identified himself as Gus or Peter Gravagna, refused to open door or speak further. Filled mailbox and left on door). Document filed by Altagracia Santana. (sc) |
| Filing 16 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Steve Hertz served on 10/27/2021, answer due 11/17/2021. Service was accepted by (Left at door of employer law office, 118-35 Queens Blvd., 9th Fl., Queens, NY). Document filed by Altagracia Santana. (sc) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Orquieda Rivera served on 10/27/2021, answer due 11/17/2021. Service was accepted by( Left at door of employer, law office, 118-35 Queens Blvd., 9th Floor, Queens, NY.) Document filed by Altagracia Santana..(sc) |
| Filing 14 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Petina Moving and Storage L.L.C. served on 10/30/2021, answer due 11/22/2021. Service was accepted by Tina Gravagna. Document filed by Altagracia Santana. (sc) |
| Filing 13 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Alan Berstein served on 10/27/2021, answer due 11/17/2021. Service was accepted by Mr. Gravagna. Document filed by Altagracia Santana. (sc) |
| Filing 12 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Della DeKay served on 10/27/2021, answer due 11/17/2021. Service was accepted by Della Dekay. Document filed by Altagracia Santana. (sc) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Marshal Thomas Bia served on 10/30/2021, answer due 11/22/2021. Service was accepted by Christine, (Secretary to Marshal Bia. Document filed by Altagracia Santana. (sc) |
| Filing 10 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Cubesmart Storage, served on 10/27/2021, answer due 11/17/2021. Service was accepted by Facility Manager(name not given). Document filed by Altagracia Santana. (sc) |
| Filing 9 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Maria Gonzalez served on 10/27/2021, answer due 11/17/2021. Service was accepted by Mr. Gravagna. Document filed by Altagracia Santana. (sc) |
| Filing 8 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Costas Kreatsoulas served on 10/27/2021, answer due 11/17/2021. Service was accepted by Mr. Gravagna. Document filed by Altagracia Santana. (sc) |
| Filing 7 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Doria Kreatsoulas, served on 10/27/2021, answer due 11/17/2021. Service was accepted by Mr. Gravagna. Document filed by Altagracia Santana. (sc) |
| Filing 6 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Johanna Kreatsoulas served on 10/27/2021, answer due 11/17/2021. Service was accepted by Mr. Gravagna. Document filed by Altagracia Santana. (sc) |
| Filing 5 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Justin J. Gravagna served on 10/30/2021, answer due 11/22/2021. Service was accepted by Tina Gravagna. Document filed by Altagracia Santana. (sc) |
| Filing 4 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Javis (Last Name Unknown) served on 10/27/2021, answer due 11/17/2021. Service was accepted by Javiar Mojicah. Document filed by Javis (Last Name Unknown). (sc) |
| Filing 3 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Angel Romero Matias served on 10/22/2021, answer due 11/12/2021. Service was accepted by Angel Matias. Document filed by Altagracia Santana. (sc) |
| SUMMONS ISSUED as to Javis (Last Name Unknown), 217 L.L.C., Alan Berstein, Marshal Thomas Bia, Cubesmart Storage, Della DeKay, Janet Goldstein, Maria Gonzalez, Gus Gravagna, Justin J. Gravagna, Peter Gravagna, Steve Hertz, Hertz, Cherson & Rosenthal P.C., Costas Kreatsoulas, Doria Kreatsoulas, Johanna Kreatsoulas, Angel Romero Matias, Petina Moving and Storage L.L.C., Orquieda Rivera, Michael Taylor, Heath Tygar. (kh) |
| Filing 2 CIVIL COVER SHEET filed. (sac) |
| Filing 1 COMPLAINT against Javis (Last Name Unknown), 217 L.L.C., Alan Berstein, Marshal Thomas Bia, Cubesmart Storage, Della DeKay, Janet Goldstein, Maria Gonzalez, Gus Gravagna, Justin J. Gravagna, Peter Gravagna, Steve Hertz, Hertz, Cherson & Rosenthal P.C., Costas Kreatsoulas, Doria Kreatsoulas, Johanna Kreatsoulas, Angel Romero Matias, Petina Moving and Storage L.L.C., Orquieda Rivera, Michael Taylor, Heath Tygar. (Filing Fee $402.00, Receipt Number 465401288173) Document filed by Daisy Cabrera, Altagracia Santana, Genesis Cabrera. (sac) |
| 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. (sac) |
| Case Designated ECF. (sac) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
