Colon v. Wolfset et al
| Angela Colon |
| Bradley Wolfset, Andrea Binder, Nalea Realty Corp., 2230 University Avenue LLC, D.B.W. Property Associates, Inc. and New York City Housing Authority |
| 1:2023cv00061 |
| January 4, 2023 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Civil Rights: Accommodations |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2023. A more recent docket listing may be available from PACER.
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Filing 18
SETTLEMENT STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel as follows: 1. Without acknowledging any prior wrongdoing or admitting any of the allegations in the Complaint, Defendants Bradley Wolfset, Andrea Binder, Nalea Realty Corp., 2230 University Avenue LLC, and D.B.W. Property Associates, Inc., agree to immediately accept Petitioner's NYCHA Section 8 voucher and take all necessary steps to facilitate the Section 8 leasing process. Following the activation of Plaintiff's NYCHA Section 8 voucher, Defendants shall continue to communicate and cooperate in good faith with Plaintiff and/or any proxy assisting Plaintiff with respect to her tenancy and subsidy. 2. Within twenty days of execution of this settlement stipulation, Plaintiff will tender a $1,000.00 rent arrears payment. Defendants Bradley Wolfset, Andrea Binder, Nalea Realty Corp., 2230 University Avenue LLC, and D.B.W. Property Associates, Inc., will contact New York City Housing Authority to seek retroactive voucher rental payments. Plaintiff and/or her counsel shall cooperate in good faith with Defendants' efforts to obtain retroactive payments from NY CHA. Whether or not the New York City Housing Authority agrees to such retroactive payments, Plaintiff's tender of the $1,000.00 payment agreed to in this paragraph (plus retroactive NYCHA payments, if any) shall settle all arrears claims through January 31, 2023. 3. Plaintiff agrees to provide access to Defendants beginning February 6, 2023, and continuing each business day thereafter to allow Defendants to perform any repairs Defendant that may be necessary to ensure the Premises passes NYCHA Section 8 HQS inspection, including, but not limited to, removing the partition in the living room of the Premises. In the event the premises do not pass HQS inspection, Plaintiff agrees to provide additional access as necessary on 48 hours' email notice to Plaintiff's counsel to correct any violations issued by NYCHA, and upon completion of such work, Plaintiff agrees to execute any documents necessary to confirm such work was completed. 4. Plaintiff will in good faith work with Bronx Legal Services regarding guidance for her NYCHA Section 8 renewal for a period of two years commencing in 2023 and ending in 2025. For the duration of her tenancy, Plaintiff in good faith will follow all NY CHA Section 8 requirements and agrees to respond in good faith to communications from Defendants and their agents with respect to the premises and the subsidy. 5. This Stipulation of Settlement and any Order entered thereon shall have no precedential value or effect whatsoever and shall not be admissible in any other action or proceeding as evidence or for any other purpose except in an action or proceeding to enforce this Stipulation of Settlement or any future action or proceeding which arises out of the underlying facts or transactions of this proceeding. 6. In exchange for compliance with this settlement stipulation, Plaintiff releases each of the named Defendants in their individual and official capacities, and their heirs, executors, administrators and assigns, from any and all claims, liabilities, and causes of action related to or arising out of any and all of the events set forth in the Complaint in the above-captioned action. 7. Upon completion of properly accepting and activating Plaintiffs NY CHA Section 8 voucher, the above-captioned action is dismissed and discontinued with prejudice, pursuant to Rule 4l(a) of the Federal Rules of Civil Procedure against Defendants Bradley Wolfset, Andrea Binder, Nalea Realty Corp., 2230 University Avenue LLC, and D.B.W. Property Associates, Inc. 8. This so-ordered Settlement Stipulation embodies the entire agreement of the parties in this matter. Clerk to close case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/16/2023) (kv) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Angela Colon..(Mitchell, Cheryl) |
| Filing 16 SETTLEMENT AGREEMENT between Plaintiff and Defendant New York City Housing Authority. Document filed by New York City Housing Authority..(Kramer, Seth) |
| Filing 15 NOTICE OF APPEARANCE by Seth Eric Kramer on behalf of New York City Housing Authority..(Kramer, Seth) |
| Filing 14 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Angela Colon..(Mitchell, Cheryl) |
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Filing 13
STIPULATION AND JOINT ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties that: 1. All parties agree to adjourn the preliminary injunction hearing scheduled for January 10, 2023 to February 6, 2023, at 4:45 pm. 2. Defendants shall have until 5:00 p.m. on January 31, 2023, to file and deliver answering papers to the attorney for Plaintiff. 3. Plaintiff shall have until 5:00 p.m. February 3, 2023, to file and deliver answering papers to the attorneys for Defendants. 4. Defendants Bradley Wolfset, Andrea Binder, Nalea Realty Corp., 2230 University Avenue LLC, and D.B.W. Property Associates, Inc., will remain hereby restrained and enjoined from commencing any summary non-payment proceeding against Plaintiff or seeking to remove Plaintiff from her apartment through February 6, 2023. 5. Defendant New York City Housing Authority (NYCHA) will remain hereby restrained and enjoined from determining Plaintiff's NYCHA Section 8 voucher has expired through February 6, 2023. 6. This Proposed Stipulation and Joint Order is without prejudice to any claims and defenses of the parties. SO ORDERED. (Show Cause Hearing set for 2/6/2023 at 04:45 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 1/6/2023) (kv)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Angela Colon..(Mitchell, Cheryl) |
| Filing 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Angela Colon..(Mitchell, Cheryl) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/6/2023 (tp). |
| Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Angela Colon. Related Document Number: #5 ..(Mitchell, Cheryl) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/6/2023 (tp). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Cheryl Mitchell to RE-FILE Document #11 Proposed Order. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. (tp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Cheryl Mitchell to RE-FILE Document #10 Proposed Order. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. (tp) |
| Filing 9 NOTICE OF APPEARANCE by Christopher D. Lamb on behalf of Angela Colon..(Lamb, Christopher) |
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Filing 8
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Upon the Complaint dated January 4, 2023, the Memorandum of Law dated January 4, 2023, and the Declarations of Angela Colon, Cristina Colon, and Cheryl J. Mitchell, dated January 4, 2023, and the accompanying exhibits, it is ORDERED, that the above-named defendants show cause before a motion term of this Court, at Room 14-B, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on 1/10/2023, at 5 pm. o'clock in the afternoon therof, or as soon thereafter as the parties to this proceeding may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining Defendants Bradley Wolfset, Andrea Binder, Nalea Realty Corp., 2230 University Avenue LLC, and D.B.W. Property Associates, Inc. from commencing any summary non-payment proceeding against Plaintiff or otherwise seeking to remove Plaintiff from her apartment and enjoining Defendant NY CHA from determining that Plaintiffs NYCHA Section 8 voucher has expired, pending a final determination of the above-captioned lawsuit. Sufficient reason appearing therefore, it is hereby ORDERED that, pending a determination on Plaintiff's Order to Show Cause, Defendants Bradley Wolfset, Andrea Binder, Nalea Realty Corp., 2230 University Avenue LLC, and D.B.W. Property Associates, Inc., are hereby RESTRAINED AND ENJOINED from commencing any summary non-payment proceeding against Plaintiff or otherwise seeking to remove Plaintiff from her apartment and Defendant NYCHA is hereby RESTRAINED and ENJOINED from determining Plaintiff's NYCHA Section 8 voucher has expired. Sufficient reason appearing therefore, let service of a copy of this Order and a copy of the papers on which it is granted be made upon Defendants' attorneys by the 6th day of January, 2023, be deemed good and sufficient service. Defendant shall have until 9 am on the 1/9/23 to file and deliver answering papers to the attorneys for Plaintiff, and Plaintiff shall have until 12am on 1/102023, to file and deliver reply papers to the attorneys for Defendants. Show Cause Hearing set for 1/10/2023 at 05:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 1/5/2023) (kv)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to 2230 University Avenue LLC, Andrea Binder, D.B.W. Property Associates, Inc., Nalea Realty Corp., New York City Housing Authority, Bradley Wolfset. (vf) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff:. Show Cause Hearing on a Temporary Restraining Order set for 1/10/2023 at 05:00 PM before Judge Jed S. Rakoff in courtroom 14B of 50 Pearl Street. (Kotowski, Linda) |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE OR FILE IFP APPLICATION. Notice to Attorney Cheryl Mitchell. Civil Case Opening Fee of Due: for #1 Complaint. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 1/10/2023..(vf) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Cheryl Mitchell. The party information for the following party/parties has been modified: Angela Colon. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Cheryl Mitchell to RE-FILE Document #4 Request to Proceed In Forma Pauperis.the PDF attached to the docket entry for the pleading is not correct; the form used is not the official IFP Application Form. Use the event type Request to Proceed In Forma Pauperis found under the event list Other Documents- attach the correct signed PDF. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Jennifer Willis 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) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Angela Colon. (Attachments: #1 Affidavit Declaration of Angela Colon, #2 Affidavit Declaration of Translation for Angela Colon Declaration, #3 Affidavit Declaration of of Cristina Colon, #4 Affidavit Declaration of Cheryl Mitchell, #5 Exhibit Exhibit A, #6 Exhibit Exhibit B, #7 Exhibit Exhibit C, #8 Exhibit Exhibit D, #9 Exhibit Exhibit E).(Mitchell, Cheryl) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Angela Colon. Related Document Number: #1 ..(Mitchell, Cheryl) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 FILING ERROR - PDF ERROR - REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Angela Colon..(Mitchell, Cheryl) Modified on 1/5/2023 (vf). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bradley Wolfset, Andrea Binder, Nalea Realty Corp., 2230 University Avenue LLC, D.B.W. Property Associates, Inc., and the New York City Housing Authority, re: #1 Complaint,. Document filed by Angela Colon..(Mitchell, Cheryl) |
| Filing 2 CIVIL COVER SHEET filed..(Mitchell, Cheryl) |
| Filing 1 COMPLAINT against 2230 University Avenue LLC, Andrea Binder, D.B.W. Property Associates, Inc., Nalea Realty Corp., New York City Housing Authority, Bradley Wolfset. Document filed by Angela Colon. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Mitchell, Cheryl) |
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