Fromer v. Manhattan West Assocates, L.P. et al
| Cynthia Fromer |
| Manhattan West Assocates, L.P. and T.U.C. Management Company, Inc. |
| 1:2023cv01270 |
| February 15, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Civil Rights: Accommodations |
| Plaintiff |
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Filing 17
STIPULATION VACATING DEFAULT JUDGMENT AND ENLARGING TIME TO ANSWER COMPLAINT IT IS HEREBY STIPULATED AND AGREED between the undersigned attorneys for all parties to this action that the CLERK'S CERTIFICATE OF DEFAULT (Document No. 13) dated March 28, 2023 is vacated, and IT IS FURTHER STIPULATED AND AGREED that the time of the defendants to answer the complaint in this action (Document No. 1) be and the same is hereby extended up to and including April 28, 2023, and IT IS FURTHER STIPULATED AND AGREED that defendants shall not assert any defenses herein relative to service of process of the complaint. The Court finds good cause to set aside the entry of default against Defendants based on the consent of all parties, the lack of willfulness or prejudice shown, and Defendants' apparent intention to participate in and defend the lawsuit. See Fed. R. Civ. Pro. 55(c); Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 95 (2d Cir. 1993) (stating factors and "preference for resolving disputes on the merits"); see, e.g., Haley v. Weinstein, No. 20-cv-9109 (JPC), 2021 WL 707074, at *2 (S.D.N.Y. Feb. 22, 2021) (vacating entry of default on consent); SuperCom, Inc. v. 911inet LLC, No. 20-cv-8228 (JSR), 2021 WL 1164778, at *1 (S.D.N.Y. Mar. 26, 2021) (same). SO ORDERED. Manhattan West Assocates, L.P. answer due 4/28/2023; T.U.C. Management Company, Inc. answer due 4/28/2023. (Signed by Judge Jennifer L. Rochon on 4/11/2023) (jca)
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Filing 16
ORDER. Counsel for Defendants signed the proposed stipulation at ECF No. 14 but has not otherwise appeared in this action. Counsel for Defendants shall promptly, and no later than April 14, 2023, file a notice of appearance. Plaintiff shall transmit this order to counsel for Defendants by April 11, 2023. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
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| Filing 15 NOTICE OF APPEARANCE by Jeffrey Neil Rejan on behalf of Manhattan West Assocates, L.P., T.U.C. Management Company, Inc...(Rejan, Jeffrey) |
| Filing 14 PROPOSED CONSENT ORDER. Document filed by Manhattan West Assocates, L.P., T.U.C. Management Company, Inc...(Rejan, Jeffrey) |
| Filing 13 Vacated as per Judge's Order dated 4/11/2023, Doc. # 17 CLERK'S CERTIFICATE OF DEFAULT as to Manhattan West Assocates, L.P., and T.U.C. Management Company, Inc. (tp) Modified on 4/11/2023 (jca). |
| Filing 12 DECLARATION of James E. Bahamonde in Support re: #11 Proposed Clerk's Certificate of Default. Document filed by Cynthia Fromer. (Attachments: #1 Exhibit 1, affidavit of service related to Manhattan West Assocates LP, #2 Exhibit 2, TUNC Management Company, Inc.).(Bahamonde, James) |
| Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Cynthia Fromer..(Bahamonde, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. T.U.C. Management Company, Inc. served on 2/24/2023, answer due 3/17/2023. Service was accepted by NANCY DOUGHERTY, BUSINESS DOCUMENT SPECIALIST. Document filed by Cynthia Fromer..(Bahamonde, James) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. Manhattan West Assocates, L.P. served on 2/24/2023, answer due 3/17/2023. Service was accepted by NANCY DOUGHERTY, BUSINESS DOCUMENT SPECIALIST. Document filed by Cynthia Fromer..(Bahamonde, James) |
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Filing 8
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: This case has been assigned to this Court for all purposes. Given the nature of this case, it is the Court's view that this case can benefit from early mediation. To that end, by separate Order to be entered today, the Court is referring this case to the Court-annexed Mediation Program. Unless and until the Court orders otherwise, the parties shall schedule a mediation to take place no later than two weeks before the initial pretrial conference scheduled below. Further, if the parties believe that there is need for limited discovery to facilitate the mediation, they shall confer with respect to the scope of such discovery and promptly raise any disputes with the Court in accordance with its Individual Rules and Practices in Civil Cases (available at https://www.nysd.uscourts.go /hon-jennifer-l-rochon). If the parties believe that early mediation would not be appropriate in this case, they shall file a letter motion seeking relief from the foregoing requirements no later than the deadline to answer. Additionally, if the parties believe that additional time is needed for the mediation process contemplated by this Order (for example, because of a delay in service on, or the appearance of, a defendant or because the Court-annexed Mediation Program is unavailable to hold a mediation before the initial pretrial conference scheduled below), the parties may file a letter motion with this Court seeking an appropriate extension of the deadlines herein or a reasonable adjournment of the initial pretrial conference. Initial Conference set for 6/1/2023 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 2/16/2023) (kv)
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Filing 7
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation should take place at least two weeks prior to the Initial Pretrial Conference, which is currently scheduled (by separate Order to be entered today) for June 1, 2023 at 10:00 a.m. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. 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 3/2/2023. (Signed by Judge Jennifer L. Rochon on 2/16/2023) (kv)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Manhattan West Assocates, L.P...(pc) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to T.U.C. Management Company, Inc...(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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 Sarah Netburn 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 4 REQUEST FOR ISSUANCE OF SUMMONS as to T.U.C. MANAGEMENT COMPANY, INC., re: #1 Complaint. Document filed by Cynthia Fromer..(Bahamonde, James) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Manhattan West Assocates, L.P., re: #1 Complaint. Document filed by Cynthia Fromer..(Bahamonde, James) |
| Filing 2 CIVIL COVER SHEET filed..(Bahamonde, James) |
| Filing 1 COMPLAINT against Manhattan West Assocates, L.P., T.U.C. Management Company, Inc.. (Filing Fee $ 402.00, Receipt Number BNYSDC-27345933)Document filed by Cynthia Fromer..(Bahamonde, James) |
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