Rodriguez et al v. Fordham Bedford Housing Company et al
| Glorimar Rodriguez |
| Fordham Bedford Housing Company and Metro Park Housing Development Fund Corporation |
| 1:2022cv06974 |
| August 16, 2022 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Jennifer L Rochon |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 Fair Housing Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 50 LETTER MOTION for Extension of Time addressed to Magistrate Judge Katharine H. Parker from Brian J. Shenker dated September 29, 2023. Document filed by Fordham Bedford Housing Company. Return Date set for 10/6/2023 at 05:00 PM..(Shenker, Brian) |
Filing 49
ORDER granting #48 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 9/14/2023) (vfr)
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| Filing 48 LETTER MOTION for Extension of Time to File Motion for Settlement Approval addressed to Magistrate Judge Katharine H. Parker from Brian Shenker dated September 14, 2023. Document filed by Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation..(Shenker, Brian) |
| Set/Reset Deadlines: Motions due by 9/29/2023. (vfr) |
| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 7/26/2023. AT&T Conference Line - NOT RECORDED - NO TRANSCRIPT (ca) |
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Filing 47
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation, Glorimar Rodriguez, Glorimar Rodriguez. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Jennifer L. Rochon on 6/12/2023).(ama)
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Filing 46
MEMO ENDORSEMENT on re: #45 Letter filed by Glorimar Rodriguez ENDORSEMENT The Court thanks the parties for this status update. A telephonic conference is scheduled on July 26, 2023 at 2:00 p.m. in order to discuss next steps for seeking the Court's approval of the settlement agreement. At the scheduled time, counsel for the parties shall dial the Court's conference line at 866-434-5269, Access Code 4858267#. SO ORDERED. ( Telephone Conference set for 7/26/2023 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/12/2023) (jca)
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| Filing 45 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew Darcy dated 6/12/2023 re: Status Update re Settlement Structure. Document filed by Glorimar Rodriguez, Glorimar Rodriguez..(Darcy, Andrew) |
| Filing 44 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Glorimar Rodriguez, Glorimar Rodriguez. Document filed by Glorimar Rodriguez, Glorimar Rodriguez..(Darcy, Andrew) |
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Filing 43
ORDER: As discussed at the May 12, 2023 Conference, by Monday, June 12, 2023, Plaintiffs shall file a status letter providing an outline of the proposed settlement structure. If the letter contains confidential information, Plaintiff shall simultaneously move to file the letter under seal. The letter motion to seal shall conform with the court's standing order, 19-mc-00583, and ECF Rules & Instructions, section 6. The motion must be filed in public view, must explain the reasons for seeking to file information under seal, and should not include the confidential information sought to be filed under seal. The proposed sealed document must be contemporaneously filed under seal and electronically related to the motion. Further information regarding filing under seal is available on pages 6-7 of my Individual Rules. See https://www.nysd.uscourts.gov/sites/default/files/practice_documents /KHP%20Parker%20Individual%20Practices%20in%20Civil% 20Cases.pdf. The parties are reminded of their option pursuant to 28 U.S.C. 636(c) to consent to conduct all further proceedings before the undersigned U.S. Magistrate Judge. If all parties consent, they shall complete the form available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf and return it to the Clerk of the Court. This Order is not meant to interfere in any way with the parties' absolute right to decision by a U.S. District Judge, but it is merely an attempt at preserving scarce judicial resources and reminding the parties of their option pursuant to 28 U.S.C. 636(c). Withholding consent will not result in any adverse consequences, however consenting to a Magistrate Judge's jurisdiction may result in a faster resolution of the motion. If the parties withhold their consent, the undersigned will remain referred to issue a Report and Recommendation on the Infant Compromise Motion. SO ORDERED. ( Motions due by 6/12/2023.) (Signed by Magistrate Judge Katharine H. Parker on 5/12/2023) (vfr)
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| NOTICE TO COUNSEL: REMINDER of the telephonic Case Management Conference scheduled on Friday, May 12, 2023 at 2:00 p.m. Please dial: 866-434-5269, conference code 4858267 re: #42 Order (ca) |
| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephonic Case Management Conference/ Discovery / Scheduling / Status /Settlement Discussions held OFF RECORD - on 5/12/2023 - NOT RECORDED - NO TRANSCRIPT (ca) |
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Filing 42
ORDER granting #41 Letter Motion for Conference addressed to Magistrate Judge Katharine H. Parker from Brian Shenker dated May 9, 2023. A telephonic conference is scheduled on Friday, May 12, 2023 at 2:00 p.m. At the scheduled time, counsel shall dial the Court's conference line at 866-434-5269, conference code 4858267#. SO ORDERED. Telephone Conference set for 5/12/2023 at 02:00 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 5/10/2023) (vfr)
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| Filing 41 JOINT LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from Brian Shenker dated May 9, 2023. Document filed by Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation..(Shenker, Brian) |
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Filing 40
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) Particular Motion: Infant Compromise/Local Rule 83.2. Referred to Magistrate Judge Katharine H. Parker. The parties are directed to contact the Chambers of Magistrate Judge Parker no later than May 10, 2023 to discuss Judge Parker's procedures for a Rule 83.2 review. (Signed by Judge Jennifer L. Rochon on 5/8/2023) (rro)
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Filing 39
ORDER granting #38 Letter Motion for Conference re: #38 JOINT LETTER MOTION for Conference addressed to Judge Jennifer L. Rochon from Brian Shenker dated May 4, 2023. This case is reopened for the limited purpose of reviewing the parties' proposed settlement agreement in light of Local Rule 83.2. The Court will issue a referral to the assigned magistrate judge to review the proposed settlement and holdan infant compromise hearing if needed. SO ORDERED.. (Signed by Judge Jennifer L. Rochon on 5/8/2023) (jca)
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| Filing 38 JOINT LETTER MOTION for Conference addressed to Judge Jennifer L. Rochon from Brian Shenker dated May 4, 2023. Document filed by Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation..(Shenker, Brian) |
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Filing 37
ORDER granting #36 Letter Motion for Extension of Time. The request is GRANTED. The parties may file a motion to reopen this case by June 22, 2023. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/27/2023) (jca)
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| Filing 36 FIRST LETTER MOTION for Extension of Time Relating to the 60-day Order of Dismissal addressed to Judge Jennifer L. Rochon from Andrew Darcy and Brian Shenker dated April 26, 2023. Document filed by Glorimar Rodriguez, Glorimar Rodriguez..(Darcy, Andrew) |
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Filing 34
ORDER OF DISMISSAL: The Court having been advised at ECF No. 33 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/2/2023) (kv)
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| Filing 33 LETTER addressed to Judge Jennifer L. Rochon from Andrew Darcy and Brian Shenker dated March 1, 2023 re: Potential Settlement of all Claims. Document filed by Glorimar Rodriguez, Glorimar Rodriguez..(Darcy, Andrew) |
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Filing 32
ORDER granting #31 Letter Motion for Extension of Time to Complete Discovery. The request is GRANTED. The Court adopts the discovery schedule below. The Court adjourns the May 17 conference to August 2 at 11:00AM. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/7/2023) (jca)
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| Set/Reset Deadlines: (Deposition due by 4/28/2023., Discovery due by 6/16/2023., Expert Discovery due by 6/9/2023.), Set/Reset Hearings: (Case Management Conference set for 8/2/2023 at 11:00 AM before Judge Jennifer L. Rochon.) (jca) |
| Filing 31 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jennifer L. Rochon from Andrew Darcy and Brian Shenker dated February 6, 2023. Document filed by Glorimar Rodriguez, Glorimar Rodriguez..(Darcy, Andrew) |
| Filing 30 REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation..(Shenker, Brian) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 2/28/2023 at 09:30 AM in telephone or video conference.(mnp) |
| Filing 29 DECLARATION of Andrew Darcy in Opposition re: #20 MOTION to Dismiss .. Document filed by Glorimar Rodriguez, Glorimar Rodriguez. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - So-Ordered Stipulation, #3 Exhibit Exhibit C - Forziano Summary Order, #4 Exhibit Exhibit D - HUD-DOJ Statement on Reasonable Accommodations, #5 Exhibit Certificate of Service).(Darcy, Andrew) |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss . . Document filed by Glorimar Rodriguez, Glorimar Rodriguez..(Darcy, Andrew) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/23/2023.(ah) |
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Filing 27
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. 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 12/27/2022. (Signed by Judge Jennifer L. Rochon on 12/13/2022) (ama)
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Filing 26
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Any motion for leave to amend or join additional parties shall be filed no later than January 12, 2023. Depositions shall be completed no later than March 3, 2023. All expert discovery, including expert reports and depositions, shall be completed no later than May 26, 2023. The Court will conduct a post-discovery pre-trial conference on May 17, 2023 at 11:00 AM. The parties shall be ready for trial as of two weeks following the deadline for the proposed Joint Pretrial Order. The case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is two days. The next case management conference is scheduled for May 17, 2023 at 11:00 AM. Motions due by 1/12/2023. Deposition due by 5/26/2023. Fact Discovery due by 4/11/2023. Expert Discovery due by 5/26/2023. Discovery due by 5/26/2023. Case Management Conference set for 5/17/2023 at 11:00 AM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 11/12/2022) (ate)
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| Minute Entry for proceedings held before Judge Jennifer L. Rochon: Initial Pretrial Conference held on 12/12/2022. (aba) |
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Filing 25
STIPULATION AND ORDER ON BRIEFING SCHEDULE NOW, THEREFORE, IT IS HEREBY AGREED, by and among the parties, through their attorneys that: Plaintiffs shall serve and file their opposition to the Motion on or before January 13, 2023, and Defendants shall file their reply in further support of the Motion on or before February 3, 2023. IT IS SO ORDERED. (Replies due by 2/3/2023., Responses due by 1/13/2023), Motions terminated: #23 LETTER MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss . addressed to Judge Jennifer L. Rochon from Andrew Darcy dated December 5, 2022. filed by Glorimar Rodriguez. (Signed by Judge Jennifer L. Rochon on 12/6/2022) (jca)
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| Filing 24 LETTER addressed to Judge Jennifer L. Rochon from Andrew Darcy and Brian Shenker dated December 5, 2022 re: Initial Pretrial Conference and Case Management Order. Document filed by Glorimar Rodriguez, Glorimar Rodriguez. (Attachments: #1 Text of Proposed Order Proposed Case Management Order).(Darcy, Andrew) |
| Filing 23 LETTER MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss . addressed to Judge Jennifer L. Rochon from Andrew Darcy dated December 5, 2022. Document filed by Glorimar Rodriguez, Glorimar Rodriguez..(Darcy, Andrew) |
| Filing 22 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation..(Shenker, Brian) |
| Filing 21 DECLARATION of Brian Shenker in Support re: #20 MOTION to Dismiss .. Document filed by Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation..(Shenker, Brian) |
| Filing 20 MOTION to Dismiss . Document filed by Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation..(Shenker, Brian) |
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Filing 19
STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT It hereby is STIPULATED AND AGREED, by and between Plaintiffs and Fordham Bedford Housing Company and Metro Park Housing Development Fund Corporation (hereinafter referred to as "Defendants"), through their undersigned attorneys, who are authorized to enter into this Stipulation, that any obligation on the part of Defendants to answer, move, or otherwise respond to the Complaint in this matter is extended to and including November 25, 2022. Defendants waive all defenses to this action based on service of process, and reserve all other defenses. The stipulation is So Ordered. Defendants shall answer or otherwise respond to the complaint by November 25, 2022. SO ORDERED. Fordham Bedford Housing Company answer due 11/25/2022; Metro Park Housing Development Fund Corporation answer due 11/25/2022., Motions terminated: #18 MOTION for Extension of Time to File Answer re: #7 Complaint . filed by Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation. (Signed by Judge Jennifer L. Rochon on 11/14/2022) (jca)
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| Filing 18 MOTION for Extension of Time to File Answer re: #7 Complaint . Document filed by Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation..(Shenker, Brian) |
| Filing 17 NOTICE OF APPEARANCE by Brian Jeffrey Shenker on behalf of Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation..(Shenker, Brian) |
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Filing 16
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/12/2022 at 11:30 AM before Judge Jennifer L. Rochon. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/20/2022) (ks)
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| Filing 15 LETTER addressed to Judge Jennifer L. Rochon from Andrew Darcy dated October 19, 2022 re: Case Status Update. Document filed by Glorimar Rodriguez, Glorimar Rodriguez..(Darcy, Andrew) |
| Filing 14 NOTICE OF APPEARANCE by Andrew Michael Darcy on behalf of Glorimar Rodriguez, Glorimar Rodriguez..(Darcy, Andrew) |
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Filing 13
ORDER: On September 14, 2022, the Court ordered the parties to file a joint letter within two weeks. ECF No. 11. While the Defendants have not appeared, the deadline for the joint letter has now passed without any submission. Accordingly, the parties, or at the very least the Plaintiff, shall file such letter promptly but at least by October 21, 2022. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
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| Filing 12 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Ashley Diaz. Document filed by Glorimar Rodriguez..(Shayer-Altamirano, Bijoux) |
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Filing 11
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Court are hereby adjourned pending further notice from the Court.Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: and further set forth in this Order. (Signed by Judge Jennifer L. Rochon on 9/14/2022) (rro)
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| NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Lorna G. Schofield is no longer assigned to the case..(gp) |
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Filing 10
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on October 12, 2022 at 4:20p.m. The parties shall call 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. Initial Conference set for 10/12/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/23/2022) (mml)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation. (sj) |
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Filing 8
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/17/2022) (va)
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| Filing 7 COMPLAINT against Fordham Bedford Housing Company, Metro Park Housing Development Fund Corporation. Document filed by Glorimar Rodriguez, Glorimar Rodriguez..(Ali, Shanila) |
| Filing 6 NOTICE OF APPEARANCE by Shanila Barkat Ali on behalf of Glorimar Rodriguez..(Ali, Shanila) |
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/17/2022) (mml)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bijoux Starra Shayer-Altamirano. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code New York;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to Bronx;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bijoux Starra Shayer-Altamirano to RE-FILE re: Document No. #2 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Glorimar Rodriguez with party text 'in her capacity as parent-guardian and next friend of her minor children, S.B. and G.R.'; the All Defendant radio button was selected; all of the filers were not selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bijoux Starra Shayer-Altamirano. The party information for the following party/parties has been modified: Glorimar Rodriguez. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| Case Designated ECF. (jgo) |
| 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. (jgo) |
| 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..(jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Fordham Bedford Housing Company and Metro Park Housing Development Fund Corporation, re: #2 Complaint. Document filed by Glorimar Rodriguez..(Shayer-Altamirano, Bijoux) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Glorimar Rodriguez..(Shayer-Altamirano, Bijoux) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. Document filed by Glorimar Rodriguez..(Shayer-Altamirano, Bijoux) Modified on 8/17/2022 (jgo). |
| Filing 1 CIVIL COVER SHEET filed..(Shayer-Altamirano, Bijoux) |
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