Liboy v. Russ et al
Plaintiff: Mark Liboy
Defendant: Gregory Russ, Lisa Bova-Hiatt and New York City Housing Authority
Case Number: 1:2022cv10334
Filed: December 6, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Victor Marrero
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. § 12132 Americans with Disabilities Act - Discrimination
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2023 Opinion or Order Filing 25 ORDER The Court hereby adopts the proposed briefing schedule on Defendants' Motion to Dismiss. (See Dkt. No. 24.) Defendants' Motion to Dismiss shall be filed on or before February 6, 2023. Plaintiff's opposition shall be filed on or before March 6, 2023. Defendants' reply shall be filed on or before March 20, 2023. SO ORDERED. (Motions due by 2/6/2023., Replies due by 3/20/2023., Responses due by 3/6/2023) (Signed by Judge Victor Marrero on 1/18/2023) (jca)
January 17, 2023 Opinion or Order Filing 24 LETTER addressed to Judge Victor Marrero from Seth Kramer dated January 17, 2023 re: Briefing of Motion to Dismiss, with Proposed Briefing Schedule. Document filed by Lisa Bova-Hiatt, New York City Housing Authority, Gregory Russ..(Kramer, Seth)
January 13, 2023 Opinion or Order Filing 23 ORDER denying #22 Letter Motion for Conference re: #22 LETTER MOTION for Conference re: #15 Letter, regarding proposed Motion to Dismiss, or alternatively to permit Defendants to proceed with the motion addressed to Judge Victor Marrero from Seth Kramer dated January 12, 2023. Upon review of all pre-motion letters, the Court is not persuaded that a pre-motion conference is necessary to resolve the parties dispute. Within one week of the date of this Order, the parties shall notify the Court whether they consent to the Court deeming the pre-motion letters as a fully briefed motion and ruling on the basis of the letters, or whether the parties request supplemental or full briefing on Defendants' proposed motion. If the parties request supplemental or full briefing, they shall submit a proposed briefing schedule within one week of the date of this Order. SO ORDERED.. (Signed by Judge Victor Marrero on 1/13/2023) (jca)
January 12, 2023 Opinion or Order Filing 22 LETTER MOTION for Conference re: #15 Letter, regarding proposed Motion to Dismiss, or alternatively to permit Defendants to proceed with the motion addressed to Judge Victor Marrero from Seth Kramer dated January 12, 2023. Document filed by Lisa Bova-Hiatt, New York City Housing Authority, Gregory Russ..(Kramer, Seth)
January 10, 2023 Opinion or Order Filing 21 RESPONSE re: #15 Letter, . Document filed by Mark Liboy..(Bui, Samantha)
January 6, 2023 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Liam Lowery on behalf of Mark Liboy..(Lowery, Liam)
December 29, 2022 Opinion or Order Filing 19 ORDER granting #17 Letter Motion for Extension of Time. Request GRANTED. Plaintiff's time to respond to Defendants' pre-motion letter is hereby extended to January 10, 2023. SO ORDERED. (Signed by Judge Victor Marrero on 12/29/2022) (jca)
December 29, 2022 Opinion or Order Filing 18 ORDER granting #16 Letter Motion for Extension of Time. Request GRANTED. Defendants' request for an extension of time to respond to Plaintiff's complaint is hereby granted. Defendants' response to Plaintiff's complaint is due January 24, 2023. The Court will determine whether a pre-motion conference is necessary after all pre-motion letters have been exchanged. SO ORDERED. (Signed by Judge Victor Marrero on 12/29/2022) (jca)
December 29, 2022 Opinion or Order Set/Reset Deadlines: Lisa Bova-Hiatt answer due 1/24/2023; New York City Housing Authority answer due 1/24/2023; Gregory Russ answer due 1/24/2023. (jca)
December 28, 2022 Opinion or Order Filing 17 LETTER MOTION for Extension of Time for Plaintiff to respond to Defendants' pre-motion letter (DE 15) addressed to Judge Victor Marrero from Samantha A. Bui dated 12/28/2022. Document filed by Mark Liboy..(Bui, Samantha)
December 27, 2022 Opinion or Order Filing 16 FIRST LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Victor Marrero from Seth Kramer dated July 27, 2022. Document filed by Lisa Bova-Hiatt, New York City Housing Authority, Gregory Russ..(Kramer, Seth)
December 27, 2022 Opinion or Order Filing 15 LETTER addressed to Judge Victor Marrero from Seth Kramer dated July 27, 2022 re: Dismissal of Complaint. Document filed by Lisa Bova-Hiatt, New York City Housing Authority, Gregory Russ. (Attachments: #1 Exhibit Transcript of Decision cited in Letter).(Kramer, Seth)
December 23, 2022 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Luis Alberto Henriquez Carrero on behalf of Mark Liboy..(Henriquez Carrero, Luis)
December 23, 2022 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Seth Eric Kramer on behalf of Lisa Bova-Hiatt, New York City Housing Authority, Gregory Russ..(Kramer, Seth)
December 21, 2022 Opinion or Order Filing 12 AFFIDAVIT OF SERVICE of Summons, Complaint, Exhibits served on New York City Housing Authority on 12/13/2022. Service was accepted by Anita Royes. Document filed by Mark Liboy..(Pathiyil, Neelu)
December 21, 2022 Opinion or Order Filing 11 AFFIDAVIT OF SERVICE of Summons, Complaint, Exhibits served on Lisa Bova-Hiatt on 12/13/2022. Service was accepted by Anita Royes. Document filed by Mark Liboy..(Pathiyil, Neelu)
December 21, 2022 Opinion or Order Filing 10 AFFIDAVIT OF SERVICE of Summons, Complaint, Exhibits served on Gregory Russ on 12/13/2022. Service was accepted by Anita Royes. Document filed by Mark Liboy..(Pathiyil, Neelu)
December 21, 2022 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Neelu Thomas Pathiyil on behalf of Mark Liboy..(Pathiyil, Neelu)
December 7, 2022 Opinion or Order Filing 8 ELECTRONIC SUMMONS ISSUED as to New York City Housing Authority. (vf)
December 7, 2022 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to Lisa Bova-Hiatt. (vf)
December 7, 2022 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to Gregory Russ. (vf)
December 7, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Samantha Bui. The party information for the following party/parties has been modified: Lisa Bova-Hiatt, Gregory Russ. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
December 7, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(vf)
December 7, 2022 Opinion or Order Case Designated ECF. (vf)
December 7, 2022 Opinion or Order Magistrate Judge Gabriel W. Gorenstein 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. (vf)
December 6, 2022 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Housing Authority, re: #1 Complaint,,,. Document filed by Mark Liboy..(Bui, Samantha)
December 6, 2022 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Lisa Bova-Hiatt, re: #1 Complaint,,,. Document filed by Mark Liboy..(Bui, Samantha)
December 6, 2022 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Gregory Russ, re: #1 Complaint,,,. Document filed by Mark Liboy..(Bui, Samantha)
December 6, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Bui, Samantha)
December 6, 2022 Opinion or Order Filing 1 COMPLAINT against Lisa Bova-Hiatt, New York City Housing Authority, Gregory Russ. (Filing Fee $ 402.00, Receipt Number ANYSDC-27050916)Document filed by Mark Liboy. (Attachments: #1 Exhibit Ex. A (May 10, 2017 Letter from NYCHA), #2 Exhibit Ex. B (December 11, 2018 Letter from NYCHA), #3 Exhibit Ex. C (Resident Letter), #4 Exhibit Ex. D (March 3, 2022 Reasonable Accommodation Transfer Request), #5 Exhibit Ex. E (May 2022 Email correspondence between Manhattan Legal Services and NYCHA), #6 Exhibit Ex. F (Letter from Hudson Medical), #7 Exhibit Ex. G (September 13, 2022 Letter from Manh Legal Services to NYCHA, #8 Exhibit Ex. H (September 21, 2022 Letter from NYCHA to Manhattan Legal Services), #9 Exhibit Ex. I (September and October 2022 Email Correspondence between Manhattan Legal Services and NYCHA).(Bui, Samantha)

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Plaintiff: Mark Liboy
Represented By: Samantha Bui
Represented By: Liam Lowery
Represented By: Neelu Thomas Pathiyil
Represented By: Luis Alberto Henriquez Carrero
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Defendant: Gregory Russ
Represented By: Seth Eric Kramer
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Defendant: Lisa Bova-Hiatt
Represented By: Seth Eric Kramer
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Defendant: New York City Housing Authority
Represented By: Seth Eric Kramer
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