Mezrow v. Hotel Hayden et al
| Mr. Max Mezrow and Max Mezrow |
| Hotel Hayden, Fortuna Realty LLC, Fortuna Hotel Collection, 127-129 West 28th Street, Faus International, Inc. d/b/a Mykonos Blue and the Hayden Rooftop, Mykonos Blue, 127-129 West 28th Street, Faus International, Inc. doing business as Mykonos Blue and the Hayden Rooftop and Mykonos Blue a/k/a Mykonos Blue Rooftop |
| 1:2023cv03755 |
| May 4, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| P.I.: Other |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 20
ORDER OF DISMISSAL: The Court has twice warned Plaintiff that if he failed to file an amended complaint establishing this Court's subject-matter jurisdiction, his case would be dismissed. See ECF Nos. 13, 17. Plaintiff has failed to plead the citizenship of all of the parties, and therefore has failed to establish the Court's subject-matter jurisdiction. Accordingly, the complaint is hereby DISMISSED without prejudice for lack of subject-matter jurisdiction. Any pending motions are moot and any conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/25/2023) (tg)
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| Filing 19 AMENDED COMPLAINT amending #16 Amended Complaint, #1 Complaint,, against 127-129 West 28th Street, Faus International, Inc., Fortuna Hotel Collection, Fortuna Realty LLC, Hotel Hayden, Mykonos Blue a/k/a Mykonos Blue Rooftop with JURY DEMAND.Document filed by Max Mezrow. Related document: #16 Amended Complaint, #1 Complaint,,..(Pansini, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael O. Pansini to RE-FILE Document No. #18 Amended Complaint,. The filing is deficient for the following reason(s): wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended 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. (vf) |
| Filing 18 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #16 Amended Complaint, against 127-129 West 28th Street, Faus International, Inc., Fortuna Hotel Collection, Fortuna Realty LLC, Hotel Hayden, Mykonos Blue, Mykonos Blue a/k/a Mykonos Blue Rooftop with JURY DEMAND.Document filed by Max Mezrow. Related document: #16 Amended Complaint,..(Pansini, Michael) Modified on 5/18/2023 (vf). |
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Filing 17
ORDER The Court will grant Plaintiff once last opportunity to amend his complaint to adequately allege diversity of citizenship. If, by May 24, 2023, Plaintiff is unable to do so, the Court will dismiss the case without prejudice and without further notice to any party. Additionally, Plaintiff is reminded that, pursuant to Rule 1.B of the Court's Individual Rules and Practices in Civil Cases, "[a]ny amended or corrected filing (including but not limited to amended pleadings) shall be filed with a redline showing all differences between the original and revised filing." SO ORDERED. (Amended Pleadings due by 5/24/2023.) (Signed by Judge Jesse M. Furman on 5/17/2023) (jca)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael O. Pansini re: Document No. #16 Amended 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 Mykonos Blue with the aka alias " Mykonos Blue Rooftop" to CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) Modified on 5/17/2023 (pc). |
| Filing 16 AMENDED COMPLAINT amending #1 Complaint,, against 127-129 West 28th Street, Faus International, Inc., Fortuna Hotel Collection, Fortuna Realty LLC, Hotel Hayden, Mykonos Blue.Document filed by Max Mezrow. Related document: #1 Complaint,,..(Pansini, Michael) |
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Filing 15
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 August 30, 2023. 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 5/25/2023. (Signed by Judge Jesse M. Furman on 5/11/2023) (jca)
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (And as further set forth herein.) SO ORDERED. Initial Conference set for 8/30/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/11/2023) (jca)
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Filing 13
ORDER, No later than May 17, 2023, Plaintiff shall file an amended complaint properly alleging the citizenship of all parties. If, by that date, Plaintiff does not file an amended complaint establishing this Court's subject-matter jurisdiction, the Court will dismiss the case without prejudice and without further notice to any party. SO ORDERED. ( Amended Pleadings due by 5/17/2023.) (Signed by Judge Jesse M. Furman on 5/11/23) (yv)
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| Filing 12 ELECTRONIC SUMMONS ISSUED as to Hotel Hayden..(gp) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Fortuna Realty LLC..(gp) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Fortuna Hotel Collection..(gp) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Mykonos Blue..(gp) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to 127-129 West 28th Street, Faus International, Inc...(gp) |
| Filing 7 CIVIL COVER SHEET filed..(Pansini, Michael) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael O. Pansini. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(gp) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael O. Pansini. The party information for the following party/parties has been modified: 127-129 West 28th Street, Faus International, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (gp) |
| Magistrate Judge James L. Cott 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Mykonos Blue, re: #1 Complaint,,. Document filed by Max Mezrow..(Pansini, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to 127-129 West 28th Street, Faus International, Inc. d/b/a Mykonos Blue and the Hayden Rooftop, re: #1 Complaint,,. Document filed by Max Mezrow..(Pansini, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Fortuna Hotel Collection, re: #1 Complaint,,. Document filed by Max Mezrow..(Pansini, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Fortuna Realty, LLC c/o Fortuna Realty Group, re: #1 Complaint,,. Document filed by Max Mezrow..(Pansini, Michael) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Hotel Hayden, re: #1 Complaint,,. Document filed by Max Mezrow..(Pansini, Michael) |
| Filing 1 COMPLAINT against 127-129 West 28th Street, Faus International, Inc. d/b/a Mykonos Blue and the Hayden Rooftop, Fortuna Hotel Collection, Fortuna Realty LLC, Hotel Hayden, Mykonos Blue. (Filing Fee $ 402.00, Receipt Number ANYSDC-27713166)Document filed by Max Mezrow. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Appendix Rule 7.1 Statement, #3 Appendix Summons, #4 Appendix Summons, #5 Appendix Summons, #6 Appendix Summons, #7 Appendix Summons).(Pansini, Michael) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Michael O. Pansini to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 5/10/2023. (gp) |
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