Simpson-Quin v. 19 India Fee Owner, LLC
| Lucien Simpson-Quin |
| 19 India Fee Owner, LLC |
| 1:2024cv02123 |
| March 21, 2024 |
| US District Court for the Southern District of New York |
| Rent Lease & Ejectment |
| 28 U.S.C. § 1332 rl Diversity-Rent Lease & Ejectment |
| None |
Docket Report
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| Filing 22 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-07704. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (tro) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (tro) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions..(tro) |
| Case transferred to Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (EG) Modified on 3/19/2024 (EG). [Transferred from New York Eastern on 3/21/2024.] |
| Filing 21 Letter by 19 India Fee Owner, LLC (Attachments: #1 Proposed Order) (Donnelly, Stephen) [Transferred from New York Eastern on 3/21/2024.] |
ORDER re #21 . In light of the parties' March 8, 2024 stipulation seeking to transfer this action pursuant to 28 U.S.C. 1404(a), considerations of fairness, efficiency, and justice favor transferring this action to the Southern District of New York. The Clerk of Court is respectfully directed to transfer this case to the United States District Court for the Southern District of New York within seven days of the date of this Order, pursuant to Local Civil Rule 83.1. Because a motion to transfer venue is non-dispositive, this Court will adjudicate it by order pursuant to 28 U.S.C. 636(b)(1)(A), rather than by issuing a report and recommendation.Ordered by Magistrate Judge Joseph A. Marutollo on 3/8/2024. (Marutollo, Joseph) [Transferred from New York Eastern on 3/21/2024.]
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ORDER - On March 7, 2024, the parties emailed Magistrate Judge Marutollo and U.S. District Judge Margaret M. Garnett of the Southern District of New York to state that the parties have "reached an agreement and duly filed a fully executed proposed Stipulation to Consolidate for the Honorable Margaret M. Garnett's review on Monday, March 4, 2024 via ECF. [The parties] respectfully request that this Honorable Court grants [their] request to consolidate pursuant to 28 USCS 1407 and So Order the Stipulation." In the same email, the parties requested that the Court so-order a stipulation of consolidation of this action and the matter pending in the Southern District of New York before Judge Garnett, Simpson Quin v. Montejano 23-CV-8113 ("the SDNY Action"). On March 7, 2024, in the SDNY Action, the Court (Garnett, J.) ordered that: "Actions pending in different federal district courts are not pending before the same court, and therefore cannot be consolidated pursuant to the plain language of Fed. R. Civ. P. 42(a). See, e.g., Fried v. LVI Servs., Inc., 557 Fed. Appx 61 (2d Cir. 2014). Unless and until the EDNY Action is transferred to this district, the Court cannot consolidate this case with the EDNY Action. The Court expresses no opinion on the merits of any consolidation request, which can be addressed, if at all, only when the actions are pending in the same District." Should the parties wish to transfer this action to the Southern District of New York, they shall file a stipulation and proposed order transferring this case to the Southern District of New York by March 8, 2024. The proposed stipulation shall explain why venue is proper in the Southern District of New York. Ordered by Magistrate Judge Joseph A. Marutollo on 3/7/2024. (JAM) [Transferred from New York Eastern on 3/21/2024.]
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| Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: An initial conference was held on the record on February 12, 2024. Counsel appeared. The parties' proposed Discovery Plan and Scheduling Order was discussed. Following that discussion, the Court sets the below deadlines. The parties have represented that automatic disclosures required by Fed. R. Civ. P. 26(a) have been exchanged. No amendment of the pleadings will be permitted after March 15, 2024. No additional parties may be joined after March 15, 2024. Fact discovery shall be completed by May 15, 2024. Plaintiff shall make required Fed. R. Civ. P. 26(a)(2) disclosures, if any, by May 15, 2024. Defendants shall make required Fed. R. Civ. P. 26(a)(2) disclosures, if any, by June 4, 2024. All discovery, including expert discovery, shall be completed by July 5, 2024. A joint letter certifying the close of discovery shall be filed by July 5, 2024. The final date to take the first step in dispositive motion practice, if any, shall be July 12, 2024. The parties are to submit a joint status report by March 15, 2024 outlining the current status of discovery. (FTR Log #4:39-4:54.) (EG) [Transferred from New York Eastern on 3/21/2024.] |
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SCHEDULING ORDER: Due to a change in the Court's calendar, the in-person initial conference scheduled for February 6, 2024 at 3:00 p.m. is hereby RESCHEDULED to February 12, 2024 at 4:30 p.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. Ordered by Magistrate Judge Joseph A. Marutollo on 2/2/2024. (KAR) [Transferred from New York Eastern on 3/21/2024.]
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| Filing 20 Proposed Scheduling Order Proposed Discovery Plan and Scheduling Order by Lucien Simpson-Quin (Drantivy, Edwin) [Transferred from New York Eastern on 3/21/2024.] |
| Filing 19 NOTICE of Appearance by Stephen J. Donnelly, Jr on behalf of 19 India Fee Owner, LLC (aty to be noticed) (Donnelly, Stephen) [Transferred from New York Eastern on 3/21/2024.] |
| Filing 18 First MOTION to Appear by Telephone/Video by Lucien Simpson-Quin. (Attachments: #1 Exhibit Revocation of Visa) (Drantivy, Edwin) [Transferred from New York Eastern on 3/21/2024.] |
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ORDER denying #18 Motion to Appear by Telephone/Video. Plaintiff himself is not required to attend the February 6, 2024 initial conference, so there is no need to enter the requested order. All counsel, however, shall appear in person per the November 22, 2023 order. Ordered by Magistrate Judge Joseph A. Marutollo on 1/15/2024. (JAM) [Transferred from New York Eastern on 3/21/2024.]
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| Filing 17 19 INDIA FEE OWNER, LLC ANSWER to #1 Complaint, by 19 India Fee Owner, LLC. (O'Malley, Michael) [Transferred from New York Eastern on 3/21/2024.] |
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Filing 16
SCHEDULING ORDER: An in-person initial conference will be held on February 6, 2024 at 3:00 p.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than February 1, 2024. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 11/22/2023. (Attachments: #1 Individual Practices and Rules) (EG) [Transferred from New York Eastern on 3/21/2024.]
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| Case Reassigned to Magistrate Judge Joseph A. Marutollo. Magistrate Judge Ramon E. Reyes, Jr no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (BBM) [Transferred from New York Eastern on 3/21/2024.] |
| Filing 15 SUMMONS Returned Executed by Lucien Simpson-Quin. 19 India Fee Owner, LLC served on 11/6/2023, answer due 11/27/2023. (Drantivy, Edwin) [Transferred from New York Eastern on 3/21/2024.] |
| Filing 14 Summons Issued as to 19 India Fee Owner, LLC. (JVC) [Transferred from New York Eastern on 3/21/2024.] |
| Filing 13 Proposed Summons. by Lucien Simpson-Quin (Drantivy, Edwin) [Transferred from New York Eastern on 3/21/2024.] |
| Filing 12 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) [Transferred from New York Eastern on 3/21/2024.] |
| Filing 11 Case transferred in from District of New York Southern; Case Number 1:23-cv-08117. Original file certified copy of transfer order and docket sheet received. [Transferred from New York Eastern on 3/21/2024.] |
| The case of Simpson-Quin v. 19 India Fee Owner, LLC, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 23-cv-7704. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) [Transferred from New York Eastern on 3/21/2024.] |
| Filing 10 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (ate) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
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Filing 9
ORDER granting #7 Motion to Transfer Case; granting #8 Motion to Transfer Case. Pursuant to 28 U.S.C. 1406(a), this case is hereby TRANSFERRED to the United States District Court for the Eastern District of New York. The Clerk of Court is directed to close the motions at ECF Nos. 7 and 8, to mark this case as closed, and to effectuate the transfer forthwith. (Signed by Judge J. Paul Oetken on 10/6/2023) (ate) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.]
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| Filing 8 MOTION to Transfer Case . Document filed by Lucien Simpson-Quin..(Drantivy, Edwin) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
| Filing 7 MOTION to Transfer Case . Document filed by Lucien Simpson-Quin..(Drantivy, Edwin) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
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Filing 6
ORDER: Accordingly, Plaintiff shall, within 7 days, show cause why this case should not be dismissed for improper venue or transferred to the Eastern District of New York pursuant to 28 U.S.C. 1406. (Signed by Judge J. Paul Oetken on 9/27/2023) (ate) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.]
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to 19 India Fee Owner, LLC..(jgo) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 19 India Fee Owner, LLC, re: #1 Complaint,. Document filed by Lucien Simpson-Quin..(Drantivy, Edwin) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lucien Simpson-Quin..(Drantivy, Edwin) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
| Filing 2 CIVIL COVER SHEET filed..(Drantivy, Edwin) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edwin Drantivy. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.; the Fee Status code has been modified to pd (paid). (vf) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Edwin Drantivy. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
| Magistrate Judge Ona T. Wang 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) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
| Case Designated ECF. (vf) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
| Filing 1 COMPLAINT against 19 India Fee Owner, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28287848)Document filed by Lucien Simpson-Quin. (Attachments: #1 Exhibit Exhibit 1 - Email Confirmation, #2 Exhibit Exhibit 2 - Lease Renewal, #3 Exhibit Exhibit 3 - Bank Statement, #4 Exhibit Exhibit 4 - Lease Rider, #5 Exhibit Exhibit 5 - Subpoena, #6 Exhibit Exhibit 6 - Email Communications).(Drantivy, Edwin) [Transferred from New York Southern on 10/16/2023.] [Transferred from New York Eastern on 3/21/2024.] |
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| Plaintiff: Lucien Simpson-Quin | |
| Represented By: | Edwin Drantivy |
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| Defendant: 19 India Fee Owner, LLC | |
| Represented By: | Stephen J. Donnelly, Jr |
| Represented By: | Michael C. O'Malley |
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