von der Schmidt et al v. Higgins et al
| Edward M. von der Schmidt, Keanna Ngo and Eddie von der Schmidt |
| Silverstein Properties, D/B/A River Place Management, Tom Higgins, Flavio Colella and Silverstein Properties doing business as River Place Management |
| 1:2023cv03919 |
| May 10, 2023 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Assault Libel & Slander |
| 28 U.S.C. § 1367 Other Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
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| NOTICE: Initial pretrial conference scheduled for July 24, 2023 is adjourned to July 26, 2023 at 11:30 a.m. The conference will proceed telephonically. Call-in information is: Dial-In No.: 1-888-363-4749, Access Code: 3667981. (Nacanther, Florence) |
| NOTICE: Initial conference originally scheduled for July 17, 2023 is adjourned to July 24, 2023 at 12:30 p.m. The conference will proceed telephonically. Dial-In No.: 1-888-363-4749, Access Code: 3667981. (Nacanther, Florence) |
| Filing 12 SUMMONS RETURNED EXECUTED. Flavio Colella served on 6/9/2023, answer due 6/30/2023; Tom Higgins served on 6/9/2023, answer due 6/30/2023; Silverstein Properties served on 6/9/2023, answer due 6/30/2023. Service was accepted by John Doe, Black Male. Document filed by Edward M. von der Schmidt; Keanna Ngo..(Blackburn, Tyrone) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Flavio Colella, Tom Higgins, Silverstein Properties. (vf) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Silverstein Properties, Tom Higgins, and Flavio Colella, re: #9 Amended Complaint,. Document filed by Keanna Ngo, Edward M. von der Schmidt. (Attachments: #1 Supplement Defendants List Rider-Summons).(Blackburn, Tyrone) |
| Filing 9 AMENDED AMENDED COMPLAINT amending #6 Amended Complaint, against Flavio Colella, Tom Higgins, Silverstein Properties with JURY DEMAND.Document filed by Edward M. von der Schmidt, Keanna Ngo. Related document: #6 Amended Complaint,. (Attachments: #1 Exhibit A).(Blackburn, Tyrone) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tyrone Anthony Blackburn to RE-FILE Document No. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tyrone Anthony Blackburn to RE-FILE Document No. #6 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. The attached PDF reflects pleading title "Complaint". 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 8 FILING ERROR - DEFICIENT- SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Flavio Colella, Silverstein Properties, Tom Higgins, re: #6 Amended Complaint,. Document filed by Keanna Ngo, Edward M. von der Schmidt. (Attachments: #1 Supplement Defendants List Rider-Summons).(Blackburn, Tyrone) Modified on 5/12/2023 (vf). |
| Filing 7 CIVIL COVER SHEET filed..(Blackburn, Tyrone) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT amending #3 Amended Complaint, against Flavio Colella, Tom Higgins, Silverstein Properties with JURY DEMAND.Document filed by Edward M. von der Schmidt, Keanna Ngo. Related document: #3 Amended Complaint,. (Attachments: #1 Exhibit A).(Blackburn, Tyrone) Modified on 5/12/2023 (vf). |
Filing 5
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, July 17, 2023 at 12:30 p.m. Principal trial counsel shall appear at this and all subsequent conferences. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749; Access Code: 3667981. SO ORDERED.Telephonic Initial Conference set for 7/17/2023 at 12:30 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/11/2023) (ama)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tyrone Anthony Blackburn to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Link the summons to the correctly filed complaint. 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. (pc) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tyrone Anthony Blackburn. The party information for the following party/parties has been modified: Edward M. von der Schmidt, Silverstein Properties, D/B/A River Place Management. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted; alias party type was entered incorrectly;. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tyrone Anthony Blackburn. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:1396; Dollar Demand $2,000,000,000; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1367; the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Tyrone Anthony Blackburn to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the defendant were selected. Choose one for the first listed defendant;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tyrone Anthony Blackburn to RE-FILE Document No. #3 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong event type was used to file the pleading; The caption title reads "Complaint". Do not modify the docket entry to read "Supplemental Amended Complaint". 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. (pc) |
| Filing 4 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Silverstein Properties D/B/A River Place Management; Tom Higgins; Flavio Colella, re: #3 Amended Complaint,. Document filed by Keanna Ngo, Edward M. von der Schmidt. (Attachments: #1 Supplement Defendants List Rider-Summons).(Blackburn, Tyrone) Modified on 5/11/2023 (pc). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - SUPPLEMENTAL AMENDED COMPLAINT amending #1 Complaint against Flavio Colella, Tom Higgins, Silverstein Properties, D/B/A River Place Management with JURY DEMAND.Document filed by Edward M. von der Schmidt, Keanna Ngo. Related document: #1 Complaint. (Attachments: #1 Exhibit A).(Blackburn, Tyrone) Modified on 5/11/2023 (pc). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Blackburn, Tyrone) Modified on 5/11/2023 (pc). |
| Filing 1 COMPLAINT against Flavio Colella, Tom Higgins, Silverstein Properties, D/B/A River Place Management. (Filing Fee $ 402.00, Receipt Number ANYSDC-27721987)Document filed by Edward M. von der Schmidt, Keanna Ngo..(Blackburn, Tyrone) |
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