Duncan v. Lifestone LLC
Plaintiff: Eugene Duncan
Defendant: Lifestone LLC
Case Number: 1:2021cv11139
Filed: December 29, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2022 Filing 10 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Bradly G. Marks, Esq. dated February 25, 2022. Document filed by Eugene Duncan..(Rodriguez, Alicia)
February 22, 2022 Filing 9 AFFIDAVIT OF SERVICE of February 18, 2022 Court Order served on Lifestone LLC on February 22, 2022. Service was made by Mail. Document filed by Eugene Duncan..(Rodriguez, Alicia)
February 18, 2022 Opinion or Order Filing 8 ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: On December 29, 2021, Plaintiff filed his Complaint with the Court. See ECF No. 1.Defendant was served with the Complaint on January 25, 2022, and proof of service was filed with the Court. See ECF No. 7. To date, Defendant has 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 March 4, 2022. Defendant shall file any opposition to the motion for default judgment no later than March 11, 2022. If a motion for default judgment is filed, it is further ORDERED that Defendant appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40Centre Street, New York, New York, on March 18, 2022 at 4:00 p.m., why an order should not be issued granting a default judgment against Defendant. No later than Thursday the week 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 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 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 January 3, 2022, including by submitting a joint letter addressing certain topics and a proposed case management plan no later than the Thursday prior to the conference. See ECF No. 5. It is further ORDERED that Plaintiff serve Defendant 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. SO ORDERED. Motions due by 3/4/2022. Responses due by 3/11/2022 (Signed by Judge Jesse M. Furman on 2/18/2022) (ama)
February 18, 2022 Set/Reset Hearings: Show Cause Hearing set for 3/18/2022 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (ama)
February 4, 2022 Filing 7 AFFIDAVIT OF SERVICE. Lifestone LLC served on 1/25/2022, answer due 2/15/2022. Service was accepted by Sue Zouky, legal clerk. Document filed by Eugene Duncan..(Marks, Bradly)
January 11, 2022 Filing 6 AFFIDAVIT OF SERVICE of January 3, 2022 Court Order served on Lifestone LLC on January 11, 2022. Service was made by Mail. Document filed by Eugene Duncan..(Rodriguez, Alicia)
January 3, 2022 Opinion or Order Filing 5 ORDER: Accordingly, no later than the earlier of 100 days from the date of this Order or two weeks after Defendant appears in the case, the parties shall file a joint letter (unless Defendant has not appeared, in which case Plaintiff shall file the letter individually), not to exceed two pages. If any party believes that discovery is necessary or that an initial pretrial conference should be held, the parties shall, by the same date and in lieu of the aforementioned letter, file on ECF (1) a joint letter in accordance with Paragraph 2.B of the Court's Individual Rules and Practices and as described below; and (2) a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter. 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. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 1/3/2022) (jca)
January 3, 2022 Filing 4 ELECTRONIC SUMMONS ISSUED as to Lifestone LLC..(gp)
January 3, 2022 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..(gp)
January 3, 2022 Magistrate Judge Katharine H. Parker 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. (gp)
January 3, 2022 Case Designated ECF. (gp)
December 29, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to LIFESTONE LLC, re: #1 Complaint. Document filed by Eugene Duncan..(Marks, Bradly)
December 29, 2021 Filing 2 CIVIL COVER SHEET filed..(Marks, Bradly)
December 29, 2021 Filing 1 COMPLAINT against Lifestone LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25522645)Document filed by Eugene Duncan..(Marks, Bradly)

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Plaintiff: Eugene Duncan
Represented By: Bradly Gurion Marks
Represented By: Alicia Evelyn Rodriguez
Represented By: Bradly G. Marks
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Defendant: Lifestone LLC
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