Gomez v. B.C.D.E. Realty Corp et al
| Alexander Gomez |
| B.C.D.E. Realty Corp and Second Wind Restaurant LLC |
| 1:2024cv01218 |
| February 19, 2024 |
| US District Court for the Southern District of New York |
| Margaret M Garnett |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990 |
| None |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 27 AFFIDAVIT of Dan Rozenblatt in Opposition re: #19 MOTION for Default Judgment as to .. Document filed by B.C.D.E. Realty Corp. (Attachments: #1 Exhibit A- Notice of Appearance with answer, #2 Exhibit B-Complaint, #3 Exhibit C-case of Harty v. Koutsourades).(Handel-Harbour, Jacqueline) |
| Filing 26 MEMORANDUM OF LAW in Opposition re: #19 MOTION for Default Judgment as to . . Document filed by B.C.D.E. Realty Corp..(Handel-Harbour, Jacqueline) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by B.C.D.E. Realty Corp..(Handel-Harbour, Jacqueline) |
| Filing 24 AFFIDAVIT OF SERVICE of Court Order & Motions Papers served on Second Wind Restaurant LLC on April 10, 2024. Service was made by Mail. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
Filing 23
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: It is hereby ORDERED that Defendants shall file any opposition to the motion for default judgment by April 22, 2024. Defendant Second Wind is cautioned that corporate entities may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where such an entity "repeatedly fails to appear by counsel, a default judgment may be entered against it," Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). It is further ORDERED that Defendants shall appear and show cause before this Court on Thursday, May 23 at 9:30a.m., why an order should not be issued granting a default judgment against it. The conference will be held in person in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. With respect to Defendant B.C.D.E., who has now appeared, and in the event that Defendant Second Wind appears or opposes the motion for default judgment prior to the date of the show cause hearing, the parties shall prepare to treat that conference as the Initial Pretrial Conference. Any appearing parties--including Defendant B.C.D.E. and Plaintiff--shall follow the pre-conference procedures specified in Rule II(A)(5) of the Court's Individual Rules & Practices, including by submitting a joint letter addressing certain topics and a proposed case management plan no later than the week prior to the conference. It is further ORDERED that Plaintiffs serve Defendant Second Wind with (1) a copy of the motion for default judgment and all supporting papers; and (2) a copy of this Order by close of business April 10, 2024. Within two business days of service, Plaintiffs must file proof of such service on the docket. SO ORDERED. (Show Cause Hearing set for 5/23/2024 at 09:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. Responses due by 4/22/2024.) (Signed by Judge Margaret M. Garnett on 4/8/2024) (mml)
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| Filing 22 ANSWER to #1 Complaint. Document filed by B.C.D.E. Realty Corp..(Sperber, Steven) |
| Filing 21 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by B.C.D.E. Realty Corp..(Sperber, Steven) |
| Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION for Default Judgment as to . . Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
| Filing 19 MOTION for Default Judgment as to . Document filed by Alexander Gomez. (Attachments: #1 Supplement Notice of Motion, #2 Proposed Order Proposed Final Judgment, #3 Exhibit Summons Proof of Service DE#8, #4 Exhibit Summons Proof of Service DE#9, #5 Exhibit Complaint DE#1, #6 Exhibit Clerk Certificate DE#17, #7 Exhibit Clerk Certificate of Default DE#18).(Barducci, Maria Costanza) |
| Filing 18 CLERK'S CERTIFICATE OF DEFAULT as to Second Wind Restaurant LLC.(km) |
| Filing 17 CLERK'S CERTIFICATE OF DEFAULT as to B.C.D.E. Realty Corp.(km) |
| Filing 16 AFFIRMATION of Maria-Costanza Barducci in Support re: #8 Summons Returned Executed, #15 Proposed Clerk's Certificate of Default. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
| Filing 15 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Alexander Gomez..(Barducci, Maria Costanza) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/4/2024 (km). |
| Filing 14 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Alexander Gomez..(Barducci, Maria Costanza) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/4/2024 (km). |
| Filing 13 AFFIRMATION of Maria-Costanza Barducci in Support re: #9 Summons Returned Executed. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
| Filing 12 AFFIDAVIT OF SERVICE of Court Order served on Defendants B.C.D.E. Realty Corp and Second Wind Restaurant LLC on 3/23/2024. Service was made by Mail. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
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Filing 11
ORDER: Plaintiff commenced this action by the filing of a Complaint on February 19, 2024. Dkt. No. 1. Defendants were served with the Summons and Complaint on February 27, 2024, and the deadline to answer or otherwise respond to the Complaint was March 19, 2024. Dkt. Nos. 8, 9. That deadline has now passed, and Defendants appear to be in default. Accordingly, Plaintiff shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices (available at https://nysd.uscourts.gov/hon-margaret-m-garnett), within two weeks of the date of this Order. If Plaintiff's counsel submits calculations in support of any motion for default judgment, Plaintiffs counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in ".xlsx") to Chambers at GartnettNYSDChambers@nysd.uscourts.gov. If or when a motion for default judgment is filed, the Court will enter a further Order setting a deadline for any opposition and reply and scheduling a show cause hearing. If no motion for default judgment is filed by the deadline set forth above, the case may be dismissed for failure to prosecute without further notice to the parties. Plaintiff shall serve a copy of this Order electronically and/or by first-class mail on Defendants within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/21/2024) (va)
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| Filing 10 AFFIDAVIT OF SERVICE of Court Order [DE#7] served on B.C.D.E. Realty Corp & Second Wind Restaurant LLC on March 1, 2024. Service was made by Mail. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. B.C.D.E. Realty Corp served on 2/27/2024, answer due 3/19/2024. Service was accepted by Colleen Banahan. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Second Wind Restaurant LLC served on 2/27/2024, answer due 3/19/2024. Service was accepted by Colleen Banahan. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
| Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/2/2024 at 09:30 AM before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 2/26/2024) (rro) |
| Filing 6 CIVIL COVER SHEET filed..(Barducci, Maria Costanza) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Second Wind Restaurant LLC. (sj) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to B.C.D.E. Realty Corp. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Maria Costanza Barducci to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. 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..(sj) |
| Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Second Wind Restaurant LLC, re: #1 Complaint. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to B.C.D.E. Realty Corp, re: #1 Complaint. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
| Filing 1 COMPLAINT against B.C.D.E. Realty Corp, Second Wind Restaurant LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28962260)Document filed by Alexander Gomez. (Attachments: #1 Civil Cover Sheet Civil Cover).(Barducci, Maria Costanza) |
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