Swartz v. NY 28th Street LLC
Plaintiff: Helen Swartz
Defendant: NY 28th Street LLC
Case Number: 1:2023cv04290
Filed: May 23, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2023 Filing 20 NOTICE OF DISMISSAL: Plaintiff pursuant to the Federal Rule of Civil Procedure 41(a)(1)(A)(i), hereby provides notice of dismissal of this action with prejudice. Pursuant to the above, this case is hereby DISMISSED with prejudice. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining deadlines, and close this case. (Signed by Judge Katherine Polk Failla on 9/27/2023) (rro)
September 26, 2023 Filing 19 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) NY 28th Street LLC. Document filed by Helen Swartz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rotbart, Brandon)
September 19, 2023 Opinion or Order Filing 18 ORDER: granting #17 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket number 17. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/19/2023) (ama)
September 18, 2023 Filing 17 LETTER MOTION for Extension of Time of All Deadlines in Light of Settlement addressed to Judge Katherine Polk Failla from Matthew C. Berger dated September 18, 2023. Document filed by NY 28th Street LLC..(Berger, Matthew)
August 16, 2023 Opinion or Order Filing 16 ORDER granting #15 Letter Motion for Extension of Time. Application GRANTED. The initial pretrial conference currently scheduled for September 6, 2023, is hereby ADJOURNED to October 11, 2023, at 3:00 p.m. The Clerk of Court is directed to terminate the pending motion at docket number 15. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/16/2023) (mml)
August 16, 2023 Set/Reset Deadlines: NY 28th Street LLC answer due 9/18/2023. Set/Reset Hearings: (Initial Conference set for 10/11/2023 at 03:00 PM before Judge Katherine Polk Failla.) (mml)
August 16, 2023 Filing 15 LETTER MOTION for Extension of Time to Respond to the Complaint and for an Adjournment of the Initial Conference addressed to Judge Katherine Polk Failla from Matthew C. Berger dated August 16, 2023. Document filed by NY 28th Street LLC..(Berger, Matthew)
July 19, 2023 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Extension of Time. Application GRANTED. Accordingly, the initial pretrial conference currently scheduled for August 11, 2023, is hereby ADJOURNED to September 6, 2023, at 3:00 p.m. The Clerk of Court is directed to terminate the pending motion at docket number 13. (Signed by Judge Katherine Polk Failla on 7/19/2023) (rro)
July 19, 2023 Set/Reset Deadlines: NY 28th Street LLC answer due 8/18/2023., Set/Reset Hearings:( Initial Conference set for 9/6/2023 at 03:00 PM before Judge Katherine Polk Failla.) (rro)
July 19, 2023 Filing 13 LETTER MOTION for Extension of Time to Respond to the Complaint and for an Adjournment of the Initial Conference addressed to Judge Katherine Polk Failla from Matthew C. Berger dated July 19, 2023. Document filed by NY 28th Street LLC..(Berger, Matthew)
July 19, 2023 Filing 12 NOTICE OF APPEARANCE by Matthew Caleb Berger on behalf of NY 28th Street LLC..(Berger, Matthew)
June 8, 2023 Filing 11 ELECTRONIC SUMMONS ISSUED as to NY 28th Street LLC. (vf)
June 7, 2023 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to NY 28th Street LLC, re: #4 Complaint. Document filed by Helen Swartz..(Fuller, Lawrence)
June 6, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lawrence A. Fuller to RE-FILE Document No. #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; do not use the Freedom of Information Act summons form;. 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. (jgo)
June 5, 2023 Filing 9 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to NY 28th Street LLC, re: #4 Complaint. Document filed by Helen Swartz..(Fuller, Lawrence) Modified on 6/6/2023 (jgo).
May 31, 2023 Opinion or Order Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/11/2023 at 12:00 PM before Judge Katherine Polk Failla. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/31/2023) (vfr)
May 26, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lawrence A. Fuller to RE-FILE Document No. The filing is deficient for the following reason(s): Docket Entry Error. Enter the party name as to whom summons is issued for when prompted in ECF. 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)
May 25, 2023 Filing 7 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NY 36th Street LLC, re: #4 Complaint. Document filed by Helen Swartz..(Fuller, Lawrence) Modified on 5/26/2023 (vf).
May 25, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lawrence A. Fuller to RE-FILE Document No. The filing is deficient for the following reason(s): Attorney filer error. 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. (gp)
May 24, 2023 Filing 6 FILING ERROR - DEFICIENT FILING - REQUEST FOR ISSUANCE OF SUMMONS as to NY 28th Street LLC, re: #4 Complaint. Document filed by Helen Swartz..(Rotbart, Brandon) Modified on 5/24/2023 (gp).
May 24, 2023 Filing 5 CIVIL COVER SHEET filed..(Fuller, Lawrence)
May 24, 2023 Filing 4 COMPLAINT against NY 28th Street LLC. Document filed by Helen Swartz..(Fuller, Lawrence)
May 24, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lawrence A. Fuller to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Signature of the ECF Filing Attorney User not provided. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
May 24, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lawrence A. Fuller to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Signature Error. The Signature of the ECF Filing Attorney user is not provided. Re-file the pleading using the event type 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)
May 24, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
May 24, 2023 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lawrence A. Fuller. The party information for the following party/parties has been modified: Helen Swartz, NY 28th Street LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
May 24, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lawrence A. Fuller to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. 440 (Rev. 6/12) Summons in a Civil Case Form. 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)
May 24, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lawrence A. Fuller. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
May 24, 2023 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. (vf)
May 24, 2023 Case Designated ECF. (vf)
May 23, 2023 Filing 3 FILING ERROR - DEFICIENT- SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to NY 28th Street LLC, re: #1 Complaint. Document filed by Helen Swartz..(Rotbart, Brandon) Modified on 5/24/2023 (vf).
May 23, 2023 Filing 2 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Rotbart, Brandon) Modified on 5/24/2023 (vf).
May 23, 2023 Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against NY 28th Street LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27778152)Document filed by Helen Swartz..(Rotbart, Brandon) Modified on 5/24/2023 (vf).

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Plaintiff: Helen Swartz
Represented By: Lawrence A. Fuller
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Defendant: NY 28th Street LLC
Represented By: Matthew Caleb Berger
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