Pierre v. Dynasty And Flame Inc. et al
| Jocelyn Pierre |
| Dynasty And Flame Inc. and Chu Shen Realty Inc. |
| 1:2022cv03232 |
| April 20, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
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Filing 35
ORDER: Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences are CANCELED. (Signed by Judge Lorna G. Schofield on 10/25/2022) (ate)
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| Filing 34 NOTICE of Settlement . Document filed by Jocelyn Pierre..(Marks, Bradly) |
| Filing 33 AFFIDAVIT OF SERVICE of Copies of the Order to Show Cause for Entry of Default with its supporting documents along with Judge Schofield's October 6, 2022 Order served on Dynasty and Flame Inc. on October 17, 2022. Service was accepted by Manager of Dynasty and Flame Inc.. Document filed by Jocelyn Pierre..(Marks, Bradly) |
| Filing 32 FIRST LETTER addressed to Judge Lorna G. Schofield from Plaintiff dated 10/6/22 re: Affirmation of Service of 10/6/22 order. Document filed by Jocelyn Pierre. (Attachments: #1 Appendix October 6, 2022 Order).(Marks, Bradly) |
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Filing 31
ORDER: It is hereby ORDERED that the hearing scheduled for October 5, 2022, for Defendants to show cause why default judgment should not be entered against them, is adjourned to October 26, 2022, at 4:20 P.M. The parties shall call (888) 363-4749 and enter the access code 558-3333. The hearing is public, and the time is approximate, but the parties shall be ready to proceed by that time. The parties shall ensure they are all dialed into the conference call by the appointed time. It is further ORDERED that, Plaintiff shall serve a copy of this Order on all Defendants and file proof of service by October 12, 2022. ORDERED that, if Plaintiff fails to appear at the October 26 hearing, the case will be dismissed for failure to prosecute. ( Telephone Conference set for 10/26/2022 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/6/2022) (tg)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Show Cause Hearing held on 10/5/2022. Defendants failed to appear for this hearing. (jcs) |
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Filing 30
ORDER: WHEREAS, the Default Judgment Order at Dkt. No. 27 was entered in error. It is hereby ORDERED that the Order at Dkt. No. 27 and default judgment against Defendants is VACATED. An order to show cause why default judgment should not be entered will issue separately. The Clerk of Court is respectfully directed to reopen the case. (Signed by Judge Lorna G. Schofield on 9/19/2022) (mml)
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| Filing 29 AFFIDAVIT OF SERVICE of Copies of the Order to Show Cause for Entry of Default Judgment and Supporting Papers dated September 19, 2022 served on Dynasty and Flame Inc. and Chu Shen Realty Inc. on September 19, 2022. Service was made by MAIL. Document filed by Jocelyn Pierre..(Marks, Bradly) |
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Filing 28
ORDER TO SHOW CAUSE FOR ENTRY OF DEFAULT JUDGEMENT: Upon the affirmation of Bradly G. Marks, Esq. and upon the exhibits hereto attached, it is ORDERED that Defendants Dynasty and Flame Inc. and Chu Shen Realty Inc. show cause before the Honorable Lorna G. Schofield via Telephone Conference on the 5th day of October, 2022, at 4:20 P.M. or as soon thereafter as counsel may be heard why an order should not be issued to the Plaintiff granting an Entry of Default Judgment and such further and other relief as the Court deems just and proper. Any opposition shall be filed by September 28, 2022. Any reply shall be filed by October 3, 2022. It is furthered ordered that Plaintiff shall within 2 business days, serve this Order to Show Cause and supporting papers on Defendants via mail. The parties shall access the show-cause hearing by calling 888-363-4749 and using the access code 558-3333. The time of the hearing is approximate, but the parties shall be ready to proceed at that time. ( Show Cause Hearing set for 10/5/2022 at 04:20 PM before Judge Lorna G. Schofield.), ( Responses due by 9/28/2022, Replies due by 10/3/2022.) (Signed by Judge Lorna G. Schofield on 9/19/2022) (ate)
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Filing 27
Vacated as per Judge's Order dated 9/20/2022, Doc. #30 DEFAULT JUDGMENT: ORDERED, ADJUDGED, AND DECREED: That the Plaintiff have judgment against the Defendants to: Pursuant to 42 U.S.C. 12188, this Court is vested with the authority to grant the Plaintiff's injunctive relief; including an order to alter the Premises to make them readily accessible to, and useable by, individuals with disabilities to the extent required by the American with Disabilities Act ("ADA"), the New York City Human Rights Laws ("NYCHRL"), and the New York State Human Rights Law ("NYSHRL"), and closing the Premises until the requisite modifications are completed. Specifically: a. Retain an ADA expert/architect to provide a report, which sets forth the violations found and make a plan for remediation of these violations. The report should at least specifically address how to remediate the violations noted in the Complaint, as further set forth. Further, that the Plaintiff be awarded, not less than one thousand dollars ($1,000) in compensatory damages based on the Defendants' violation of the NYCHRL and the NYSHRL; the Defendants to comply with terms of the Final Judgment within sixty (60) days of the entry of the judgment; and this Honorable Court retain jurisdiction relating to the Plaintiff's attorneys' fees and said motion shall be filed within ninety (90) days of entry of this Final Judgment. Pursuant to 28 C.F.R. 36.201(b), both the landlord and the tenant are a public accommodation and have full responsibility for complying with the ADA requirements. Therefore, Defendants Dynasty and Flame Inc. and Chu Shen Realty Inc. are jointly and severally liable and this order shall be enforceable as to all Defendants. (Signed by Judge Lorna G. Schofield on 9/16/2022) (mml) Modified on 9/20/2022 (mml).
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #24 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #26 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Filing 26 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Jocelyn Pierre..(Marks, Bradly) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 25 AFFIRMATION of Bradly G. Marks in Support re: #24 Proposed Order to Show Cause Without Emergency Relief. Document filed by Jocelyn Pierre. (Attachments: #1 Exhibit Exh A- Civil Cover Sheet, Issues Summons, and S&C, #2 Exhibit Exh B -Aff of Service on Defendants Dynasty and Flame Inc. and Chu Shen Realty, Inc., #3 Exhibit Ex C- Clerks Certificate of Default).(Marks, Bradly) |
| Filing 24 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Jocelyn Pierre..(Marks, Bradly) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
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Filing 23
MEMO ENDORSED ORDER denying without prejudice #19 Motion for Default Judgment. ENDORSEMENT: Application DENIED without prejudice. By September 16, 2022, Plaintiff shall file a proposed order to show cause for default judgment as required by the Court's Individual Rules and shall file a supplemental affidavit addressing Plaintiff's request for damages, as required by part 2(a)(v) of the Default Judgment Procedure in the Court's Individual Rules. (Signed by Judge Lorna G. Schofield on 9/13/2022) (vfr)
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| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #21 Proposed Default Judgment was reviewed and approved as to form. (nd) |
| Filing 22 AFFIDAVIT OF SERVICE of True copies of Motion for Default Judgment and Supporting Exhibits served on Dynasty and Flame Inc. and Chu Shen Realty Inc. on September 12, 2022. Service was made by MAIL. Document filed by Jocelyn Pierre..(Marks, Bradly) |
| Filing 21 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Jocelyn Pierre..(Marks, Bradly) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 20 AFFIDAVIT of Bradly G. Marks in Support re: #19 FIRST MOTION for Default Judgment as to Defendants Dynasty and Flame Inc. and Chu Shen Realty Inc... Document filed by Jocelyn Pierre. (Attachments: #1 Exhibit Exh A- Civil Cover Sheet, Issues Summons, S&C, and Affidavit of Service of Pleadings on Defendant Dynasty and Flame Inc. and Chu Shen Realty Inc., #2 Exhibit Exh B - Clerks Certificate of Default with support documents).(Marks, Bradly) |
| Filing 19 FIRST MOTION for Default Judgment as to Defendants Dynasty and Flame Inc. and Chu Shen Realty Inc.. Document filed by Jocelyn Pierre..(Marks, Bradly) |
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Filing 18
ORDER: It is hereby ORDERED that, by September 16, 2022, Plaintiff shall file an order to show cause for default judgment and supporting papers as required by the Court's Individual Rules. Plaintiff is advised that failure to comply with the Court's deadlines may result in sanctions, including dismissal for failure to prosecute. It is further ORDERED that the initial pretrial conference scheduled for September 14, 2022, is adjourned sine die. (Signed by Judge Lorna G. Schofield on 9/12/2022) (vfr)
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| Filing 17 AFFIDAVIT OF SERVICE of Clerks Certificate of Default dated September 6, 2022 served on Dynasty and Flame Inc. and Chu Shen Realty Inc. on September 6, 2022. Service was made by MAIL. Document filed by Jocelyn Pierre..(Marks, Bradly) |
| Filing 16 CLERK'S CERTIFICATE OF DEFAULT Dynasty and Flame Inc., and Chu Shen Realty Inc. (tp) |
| Filing 15 AFFIRMATION of Bradly G. Marks in Support re: #14 Proposed Clerk's Certificate of Default. Document filed by Jocelyn Pierre. (Attachments: #1 Exhibit Exh A- Civil Cover Sheet, Issued Summons, S&C, #2 Exhibit Exh B -Aff of Service on Defendants Dynasty and Flame Inc. and Chu Shen Realty, Inc.).(Marks, Bradly) |
| Filing 14 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Jocelyn Pierre..(Marks, Bradly) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 13 AFFIDAVIT OF SERVICE of Copies of Judge Lorna G. Schofield's June 22, 2022 and August 2, 2022 Orders served on Dynasty and Flame Inc. and Chu Shen Realty Inc. on August 23, 2022. Service was made by MAIL. Document filed by Jocelyn Pierre..(Marks, Bradly) |
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter filed by Jocelyn Pierre. ENDORSEMENT: Application GRANTED. The initial pretrial conference scheduled for August 10, 2022, is adjourned to September 14, 2022, at 4:20 P.M. The deadline to file the joint letter and proposed civil case management plan and scheduling order is extended to September 7, 2022, at 12:00 P.M. If Defendants have not appeared and responded to the Complaint and Plaintiff is unable to contact Defendants by then, Plaintiff shall file an order to show cause for default judgment in accordance with the Court's Individual Rules by September 7, 2022. So Ordered. (Initial Conference set for 9/14/2022 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/2/2022) (mml)
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| Filing 11 SECOND LETTER addressed to Judge Lorna G. Schofield from Plaintiff dated 8/1/22 re: Second Request to Adjourn. Document filed by Jocelyn Pierre..(Marks, Bradly) |
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter filed by Jocelyn Pierre. ENDORSEMENT: Application GRANTED. The initial conference scheduled for July 6, 2022, at 4:20 P.M., is adjourned to August 10, 2022, at 4:20 P.M. At that time, the parties shall call 888-363-4749 and use the access code 558-3333. The deadline for the parties to file the joint letter and proposed civil case management plan and scheduling order required by the Order at Dkt. No. 5 is extended to August 3, 2022, at 12:00 P.M. If Defendants have not responded to the Complaint, Plaintiff shall move for default by August 3, 2022, in accordance with the Court's Individual Rules. SO ORDERED. (Motions due by 8/3/2022., Initial Conference set for 8/10/2022 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/23/2022) (kv)
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| Filing 9 LETTER addressed to Judge Lorna G. Schofield from Bradly G. Marks dated 06/22/2022 re: Request to adjourn the initial conference for 30 days. Document filed by Jocelyn Pierre..(Rodriguez, Alicia) |
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Filing 8
ORDER: It is hereby ORDERED that, if Plaintiff is in communication with Defendants, the parties shall file the joint letter and proposed case management plan as soon as possible and no later than June 23, 2022, and shall explain why they have not complied with the Courts deadlines. If Defendants refuse to cooperate in the preparation of these documents, Plaintiff shall prepare and file them. If Plaintiff is not in communication with Defendants, no later than June 23, 2022, Plaintiff shall file a letter (1) requesting further adjournment of the initial pretrial conference for up to 30 days and (2) proposing a date prior to the conference to present an Order to Show Cause for default judgment as to Defendants and related papers as provided in the Courts Individual Rules. It is further ORDERED that the initial pretrial conference scheduled for June 29, 2022, at 4:20 P.M. is adjourned to July 6, 2022, at 4:20 P.M. Initial Conference set for 7/6/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/22/2022) (mml)
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| Filing 7 AFFIDAVIT OF SERVICE. Dynasty And Flame Inc. served on 5/24/2022, answer due 6/14/2022. Service was accepted by NANCY DOUGHERTY, LEGAL CLERK. Document filed by Jocelyn Pierre..(Marks, Bradly) |
| Filing 6 AFFIDAVIT OF SERVICE. Chu Shen Realty Inc. served on 5/24/2022, answer due 6/14/2022. Service was accepted by NANCY DOUGHERTY, LEGAL CLERK. Document filed by Jocelyn Pierre..(Marks, Bradly) |
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Filing 5
ORDER: Initial Conference set for 6/29/2022 at 04:20 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. (Signed by Judge Lorna G. Schofield on 5/6/2022) (ks)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Chu Shen Realty Inc., Dynasty And Flame Inc...(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to DYNASTY AND FLAME INC. AND CHU SHEN REALTY INC., re: #1 Complaint. Document filed by Jocelyn Pierre..(Marks, Bradly) |
| Filing 2 CIVIL COVER SHEET filed..(Marks, Bradly) |
| Filing 1 COMPLAINT against Chu Shen Realty Inc., Dynasty And Flame Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26034445)Document filed by Jocelyn Pierre..(Marks, Bradly) |
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