Justin et al v. Tingling
| Mr. Daudi Justin, Community Service Society, Daudi Justin and Community Service Society of New York |
| Milton Adair Tingling |
| 1:2022cv10370 |
| December 8, 2022 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 20 ENDORSED LETTER addressed to Perry M. Grossman, Daniel R. Lambright, Lanessa L. Owens-Chaplin, Christopher T. Dunn, Isaac B. Zaur, Royce L. Zeisler, Amanda J. Wong, Anjali Bhat from Naomi Reice Buchwald, United States District Judge dated 1/31/2023 re: The Court's letter of January 20, 2023 was explicit: the threshold issue of standing was to be briefed first and separately. While the Court did not wish to create undue pressure on counsel, it is inconceivable that both parties have not given this issue careful thought already, and, thus, the proposed briefing schedule is puzzling. Since counsel's proposal is not acceptable, the Court directs that defendants' moving brief on standing alone be submitted on February 27, 2023; plaintiffs' answering brief be submitted on March 28, 2023; and defendants' reply be submitted on April 11, 2023. Very truly yours. (Brief due by 3/28/2023. Reply to Response to Brief due by 4/11/2023. Responses to Brief due by 3/28/2023.) (Signed by Judge Naomi Reice Buchwald on 1/31/2023) (mml) |
| Filing 19 LETTER addressed to Judge Naomi Reice Buchwald from Anjali Bhat dated January 27, 2023 re: joint proposed briefing schedule. Document filed by Milton Adair Tingling..(Bhat, Anjali) |
| Filing 18 LETTER: addressed to Counsel from Naomi Reice Buchwald, United States District Judge dated 1/20/2023 re: We have received plaintiff's letter requesting a pre-motion conference seeking leave to file a motion for class certification (ECF No. 15) and defendant's response to plaintiff's letter (ECF No. 17). We are also aware that the defendant has not yet filed an answer, which is due February 17, 2023. As you are no doubt aware, the Federal Rules of Civil Procedure do not set a precise time frame in which the court must decide a motion for class certification. Instead, the rule simply states that "at an early practicable time after a person sues or is sued by a class representative, the court must determine by order whether to certify the action as a class action." Fed. R. Civ. P. 23(c)(1)(A). As such, courts are permitted to wait to resolve motions for class certification until after deciding dispositive motions, and in fact the general trend is for courts to resolve dispositive motions prior to class certification. See 3 Newburg & Rubenstein on Class Actions 7:9 (6th ed.). Specifically, standing is a threshold question that is typically decided prior to class certification unless "class certification is logically antecedent to the determination of standing." Doyle v. Mastercard Int'l Inc., 700 F. Appx. 22, 24 (2d Cir. 2017). The defendant's letter raises the issue of standing. Consistent with the law cited above, this Court has concluded that this issue should be addressed prior to a motion on class certification. Therefore, we direct the parties to brief standing on both the Sixth and Fourteenth Amendment claims. The Court requests that the parties confer on a briefing schedule agreeable to both sides, in which no more than fifty (50) days elapse from the filing of defendant's motion regarding standing to the filing of defendant's reply. This is a firm deadline. The proposed briefing schedule should be submitted to the Court within the next seven (7) days.(ama) |
| Set/Reset Deadlines: Milton Adair Tingling answer due: 2/17/2023 (ama) Modified on 1/20/2023 (ama). |
| Filing 17 LETTER addressed to Judge Naomi Reice Buchwald from Anjali Bhat dated 1/13/23 re: Plaintiffs' pre-motion conference letter (ECF No. 15). Document filed by Milton Adair Tingling..(Bhat, Anjali) |
| Filing 16 NOTICE OF APPEARANCE by Anjali Bhat on behalf of Milton Adair Tingling..(Bhat, Anjali) |
| Filing 15 LETTER addressed to Judge Naomi Reice Buchwald from Perry Grossman dated January 10, 2023 re: Respectfully Requesting a Pre-Motion Conference in Advance of Our Motion for Class Certification. Document filed by Community Service Society of New York, Daudi Justin..(Grossman, Perry) |
Filing 14
ORDER granting #13 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/23/2022) (mml)
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| Set/Reset Deadlines: Milton Adair Tingling answer due 2/17/2023. (mml) |
| Filing 13 LETTER MOTION for Extension of Time addressed to Judge Naomi Reice Buchwald from Anjali Bhat dated 12/22/22. Document filed by Milton Adair Tingling..(Bhat, Anjali) |
| Filing 12 AFFIDAVIT OF SERVICE. Milton Adair Tingling served on 12/14/2022, answer due 1/4/2023. Service was accepted by Milton Adair Tingling. Document filed by Daudi Justin; Community Service Society of New York..(Grossman, Perry) |
| Filing 11 NOTICE OF APPEARANCE by Christopher Thomas Dunn on behalf of Community Service Society of New York, Daudi Justin..(Dunn, Christopher) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Milton Adair Tingling..(nm) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Milton Adair Tingling, re: #1 Complaint. Document filed by Community Service Society of New York, Daudi Justin..(Grossman, Perry) |
| Filing 8 NOTICE OF APPEARANCE by Amanda Wong on behalf of Community Service Society of New York, Daudi Justin..(Wong, Amanda) |
| Filing 7 NOTICE OF APPEARANCE by Daniel Ross Lambright on behalf of Community Service Society of New York, Daudi Justin..(Lambright, Daniel) |
| Filing 6 NOTICE OF APPEARANCE by Royce Liverant Zeisler on behalf of Community Service Society of New York, Daudi Justin..(Zeisler, Royce) |
| Filing 5 NOTICE OF APPEARANCE by Isaac Berkman Zaur on behalf of Community Service Society of New York, Daudi Justin..(Zaur, Isaac) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Perry Grossman. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Perry Grossman. The party information for the following party/parties has been modified: The Community Service Society, Milton Adair Tingling. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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..(sj) |
| Magistrate Judge Robert W. Lehrburger 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. (sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Perry Grossman to RE-FILE Document No. The filing is deficient for the following reason(s): Defendant's name as to whom the summons request is for must match exactly as pleading in docket entry and on PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Hon. Milton Adair Tingling, re: #1 Complaint. Document filed by Community Service Society, Daudi Justin..(Grossman, Perry) Modified on 12/9/2022 (sj). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Community Service Society..(Grossman, Perry) |
| Filing 2 CIVIL COVER SHEET filed..(Grossman, Perry) |
| Filing 1 COMPLAINT against Milton Adair Tingling. (Filing Fee $ 402.00, Receipt Number ANYSDC-27058556)Document filed by Daudi Justin, Community Service Society..(Grossman, Perry) |
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