Lobban v. Cromwell Towers Apartments, Limited Partnership et al
Anthony Lobban |
Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, John Carrollo and Metropolitan Realty Group, LLC |
7:2018cv00247 |
January 11, 2018 |
US District Court for the Southern District of New York |
White Plains Office |
Cathy Seibel |
Civil Rights: Jobs |
42 U.S.C. § 1981 |
Plaintiff |
Docket Report
This docket was last retrieved on December 12, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 40 MANDATE of USCA (Certified Copy) as to #39 Notice of Appeal filed by Anthony Lobban USCA Case Number 18-3583. Appellant move to voluntarily dismiss the appeal. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/12/2018. (tp) |
Transmission of USCA Mandate/Order to the District Judge re: #40 USCA Mandate. (tp) |
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #39 Notice of Appeal filed by Anthony Lobban were transmitted to the U.S. Court of Appeals. (tp) |
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #39 Notice of Appeal. (tp) |
Appeal Fee Due: for #39 Notice of Appeal. Appeal fee due by 12/12/2018. (tp) |
Filing 39 NOTICE OF APPEAL from #38 Clerk's Judgment,,,. Document filed by Anthony Lobban. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wade, Locksley) |
Filing 38 CLERK'S JUDGMENT re: #37 Memorandum & Opinion in favor of Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC, John Carrollo against Anthony Lobban. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated October 29, 2018, Defendants' motion to dismiss is granted as to Plaintiff's ninth and tenth claims. It is also granted as to Plaintiff's first, second, third, fourth, fifth, sixth, and seventh claims to the extent those claims are based on Plaintiff's termination. It is denied as to those claims to the extent they are based on acts other than Plaintiff's termination, but Defendant's motion to compel arbitration is granted as to these claims. The eighth claim is dismissed as withdrawn; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/29/2018) (Attachments: #1 Right to Appeal)(km) |
Filing 37 OPINION & ORDER re: #29 MOTION to Dismiss filed by Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC, John Carrollo. For the reasons stated above, Defendants' motion to dismiss is granted as to Plaintiffs ninth and tenth claims. It is also granted as to Plaintiff's first, second, third, fourth, fifth, sixth, and seventh claims to the extent those claims are based on Plaintiff's termination. It is denied as to those claims to the extent they are based on acts other than Plaintiff's termination, but Defendant's motion to compel arbitration is granted as to these claims. The eighth claim is dismissed as withdrawn. The Clerk of the Court is respectfully directed to terminate the pending motion, (Doc. 29), and close the case. (Signed by Judge Cathy Seibel on 10/29/2018) (mml) Transmission to Orders and Judgments Clerk for processing. |
Filing 36 DECLARATION of Locksley O. Wade, Attorney for Plaintiff in Opposition re: #29 MOTION to Dismiss .. Document filed by Anthony Lobban. (Attachments: #1 Exhibit EEOC Determination (Replace Dkt. 33-4))(Wade, Locksley) |
Filing 35 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss . . Document filed by John Carrollo, Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC. (Weinberger, Stuart) |
Filing 34 AFFIDAVIT of Anthony Lobban, Plaintiff in Opposition re: #29 MOTION to Dismiss .. Document filed by Anthony Lobban. (Attachments: #1 Exhibit Union Letter rejecting the discrimination complaint)(Wade, Locksley) |
Filing 33 DECLARATION of Locksley O. Wade, Attorney for Plaintiff in Opposition re: #29 MOTION to Dismiss .. Document filed by Anthony Lobban. (Attachments: #1 Exhibit Page 9 of the CBA between Local 32BJ and Cromwell Towers, #2 Exhibit No-Discrimination Protocol of CBA between Local 32BJ and RAB, #3 Exhibit Union Letter rejecting the discrimination complaint, #4 Exhibit EEOC Determination)(Wade, Locksley) |
Filing 32 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss . . Document filed by Anthony Lobban. (Wade, Locksley) |
Filing 31 DECLARATION of Stuart Weinberger in Support re: #29 MOTION to Dismiss .. Document filed by John Carrollo, Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Weinberger, Stuart) |
Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss . . Document filed by John Carrollo, Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC. (Weinberger, Stuart) |
Filing 29 MOTION to Dismiss . Document filed by John Carrollo, Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC. Responses due by 7/18/2018 (Attachments: #1 Affidavit Service)(Weinberger, Stuart) |
Filing 28 ORDER granting #27 Letter Motion to Compel: I made clear at the conference that bundling is an option that is only to be followed if both sides agree. My order of June 7 was not meant to override that. Plaintiff does not want to bundle, which is fine, so Defendants should file their motion today so that the ECF system will accept Plaintiff's opposition which is due tomorrow. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
Filing 27 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel Defendant to File Motion Via ECF/CM addressed to Judge Cathy Seibel from Locksley O. Wade, Attorney for Plaintiff dated July 16, 2018. Document filed by Anthony Lobban.(Wade, Locksley) Modified on 7/30/2018 (db). |
Filing 26 ORDER granting #25 Letter Motion for Extension of Time to File Motion to Dismiss and Compel Arbitration: Motion to be served by 6/18/18; opposition to be served by 7/18/18; reply to be served, and all papers to be filed, by 8/2/18. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
Filing 25 LETTER MOTION for Extension of Time to File addressed to Judge Cathy Seibel from Stuart Weinberger dated June 7, 2018. Document filed by John Carrollo, Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC.(Weinberger, Stuart) |
Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 5/10/2018. The New York City Human Rights Law claims against individual defendants are dismissed on consent. Motion to dismiss and petition to compel arbitration by 6/11/18; opposition 7/11/18; reply 7/25/2018. See transcript. (Court Reporter Sue Ghorayeb) (aca) |
Filing 24 ORDER: granting #23 Letter Motion to Adjourn Conference. The 5/10/18 conference was set on 4/4/18. (Doc. 16.) If the other matter came up afterwards, counsel should have sought to reschedule that matter. If the other matter was already scheduled, counsel should not have waited a month before asking to reschedule this matter. I will squeeze this matter in at 2:30 on 5/10/18. Pre-Motion Conference set for 5/10/2018 at 2:30 PM before Judge Cathy Seibel. (Signed by Judge Cathy Seibel on 5/7/2018) (ap) |
Filing 23 LETTER MOTION to Adjourn Conference addressed to Judge Cathy Seibel from Stuart Weinberger dated May 7, 2018. Document filed by John Carrollo, Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC.(Weinberger, Stuart) |
Filing 22 LETTER RESPONSE in Opposition to Motion addressed to Judge Cathy Seibel from Locksley O. Wade, Attorney for Plaintiff dated May 2, 2018 re: #12 LETTER MOTION for Conference re: #1 Complaint addressed to Judge Cathy Seibel from Stuart Weinberger dated March 28, 2018., #19 LETTER MOTION for Conference Pre-Motion addressed to Judge Cathy Seibel from Stuart Weinberger dated April 23, 2018. . Document filed by Anthony Lobban. (Attachments: #1 Exhibit Union Letter rejecting discrimination complaint)(Wade, Locksley) |
Filing 21 NOTICE OF APPEARANCE by Locksley O'Sullivan Wade on behalf of Anthony Lobban. (Wade, Locksley) |
Filing 20 ORDER granting #19 Letter Motion for Conference: This motion will be discussed at the already scheduled 5/10/18 conference. Plaintiff shall state his position, by letter of no more than 3 pages, by 5/3/18. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
Filing 19 LETTER MOTION for Conference Pre-Motion addressed to Judge Cathy Seibel from Stuart Weinberger dated April 23, 2018. Document filed by John Carrollo.(Weinberger, Stuart) |
Filing 18 NOTICE OF APPEARANCE by Stuart Alan Weinberger on behalf of John Carrollo. (Weinberger, Stuart) |
Filing 17 AFFIDAVIT OF SERVICE. John Carrollo served on 4/4/2018, answer due 4/25/2018. Service was accepted by John Carrollo, Defendant. Document filed by Anthony Lobban. (Phillips, William) |
Mailed a copy of 16 Order on Motion for Conference to Anthony Lobban 35 East 106th Street Apt. 9N New York, NY 10029. (mhe) |
Filing 16 ORDER granting #12 Letter Motion for Conference: Pre-Motion Conference set for 5/10/2018 at 12:15 PM before Judge Cathy Seibel. Plaintiff shall state his position, by letter of no more than 3 pages, by 5/3/18. The Clerk shall send a copy of this text-only order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) |
Filing 15 AFFIDAVIT OF SERVICE of Letter served on Anthony Lobban on April 3, 2017. Service was made by Mail. Document filed by Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC. (Weinberger, Stuart) |
Filing 14 LETTER addressed to Judge Cathy Seibel from Stuart Weinberger dated April 3, 2017 re: Pre-Motion Conference. Document filed by Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC.(Weinberger, Stuart) |
Filing 13 STIPULATION AND ORDER TO WITHDRAW AS ATTORNEY FOR PLAINTIFF: IT IS HEREBY CONSENTED BY AND BETWEEN PLAINTIFF, ANTHONY LOBBAN, AND HIS ATTORNEYS, THAT Plaintiff, Anthony Lobban, will permit his attorneys, Phillips and Associates, Attorneys at Law, PLLC, 45 Broadway, Suite 620, New York, New York 10006, to withdraw as counsel in this matter and that he will represent himself pro se as of the date hereof. In addition, withdrawing attorneys waive entitlement to attorney fees and costs and repayment of any disbursements; that they will promptly turnover all pleadings, notes, memoranda and all documents pertaining to the former client in their possession and such files shall be saved in searchable electronic format in a Portable Documents File (PDF) and in paper format for all those documents not save in PDF. It is further agreed and stipulated that the withdrawing attorneys shall take all steps necessary remove being noticed of this case on the court's Electronic Case Management System. The Clerk shall terminate Ms. Mesidor and Ms. Stevens as counsel for plaintiff and flag the case as Pro Se with the contact information for Plaintiff above. SO ORDERED., Attorney Marjorie Mesidor and Brittany Alexandra Stevens terminated. (Signed by Judge Cathy Seibel on 4/02/2018) (ama) Modified on 5/30/2018 (ama). |
Filing 12 LETTER MOTION for Conference re: #1 Complaint addressed to Judge Cathy Seibel from Stuart Weinberger dated March 28, 2018. Document filed by Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC.(Weinberger, Stuart) |
Filing 11 NOTICE OF APPEARANCE by Stuart Alan Weinberger on behalf of Metropolitan Realty Group, LLC. (Weinberger, Stuart) |
Filing 10 NOTICE OF APPEARANCE by Stuart Alan Weinberger on behalf of Cromwell Towers Apartments, Limited Partnership. (Weinberger, Stuart) |
Filing 9 NOTICE OF APPEARANCE by Stuart Alan Weinberger on behalf of GPJ Cromwell LLC. (Weinberger, Stuart) |
Filing 8 AFFIDAVIT OF SERVICE. GPJ Cromwell LLC served on 3/12/2018, answer due 4/2/2018. Service was accepted by Nancy Dougerty, Legal Clerk. Document filed by Anthony Lobban. (Phillips, William) |
Filing 7 AFFIDAVIT OF SERVICE. Metropolitan Realty Group, LLC served on 3/12/2018, answer due 4/2/2018. Service was accepted by Nancy Dougerty, Legal clerk. Document filed by Anthony Lobban. (Phillips, William) |
Filing 6 AFFIDAVIT OF SERVICE. Cromwell Towers Apartments, Limited Partnership served on 3/12/2018, answer due 4/2/2018. Service was accepted by Nancy Dougerty, Legal Clerk. Document filed by Anthony Lobban. (Phillips, William) |
Filing 5 ELECTRONIC SUMMONS ISSUED as to John Carrollo, Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC. (vf) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marjorie Mesidor. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:1983 Civil Rights (Employment Discrimination). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1981. (vf) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Marjorie Mesidor. The party information for the following party/parties has been modified: John Carrollo. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (vf) |
Magistrate Judge Paul E. Davison 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: #http://nysd.uscourts.gov/forms.php. (vf) |
Case Designated ECF. (vf) |
Filing 4 NOTICE OF APPEARANCE by Brittany Alexandra Stevens on behalf of Anthony Lobban. (Stevens, Brittany) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to John Carrollo, Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC, re: #1 Complaint. Document filed by Anthony Lobban. (Mesidor, Marjorie) |
Filing 2 CIVIL COVER SHEET filed. (Mesidor, Marjorie) |
Filing 1 COMPLAINT against John Carrollo, Cromwell Towers Apartments, Limited Partnership, GPJ Cromwell LLC, Metropolitan Realty Group, LLC. (Filing Fee $ 400.00, Receipt Number 0208-14565089)Document filed by Anthony Lobban.(Mesidor, Marjorie) |
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