Marom v. Pierot et al
| Michael Marom |
| Mark Gordon and Audrey Pierot |
| 7:2018cv12094 |
| December 21, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Vincent L Briccetti |
| Judith C McCarthy |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 lb |
| Plaintiff |
Docket Report
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Filing 57
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation)(all purposes except trial) (including Docs. #23, 28, 31, 34, and 48). Referred to Magistrate Judge Judith C. McCarthy. Motions referred to Judith C. McCarthy. (Signed by Judge Vincent L. Briccetti on 2/14/2019) (jwh)
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| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on February 12, 2019. Discovery is stayed in this matter until the pending motions are decided. Plaintiff shall update his address with the Court by February 13, 2019 and shall serve a copy of that letter on defendants by mail. (Court Reporter Courtflow) (jah) |
| Mailed a copy of #56 Memo Endorsement, to Michael Marom 1824 Park Summit Blvd. Apex, NC 27523 ; Audrey Pierot 13 Elizabeth St Scardale, NY 10583; Mark Gordon 14134 Pacific Point Place Apt. 207 Delray Beach, FL 33484. (aea) |
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Filing 56
MEMO ENDORSEMENT on re: #55 Letter filed by Mark Gordon. ENDORSEMENT: Defendant Mark Gordon is permitted to participate in the February 12, 2019 conference by telephone. The Clerk is directed to mail a copy of this endorsement to the pro se parties. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 2/7/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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| Filing 55 LETTER from Mark Gordon dated January 29, 2019 re: I wish to confirm that I will still be permitted to participate by phone on the new date of February 12, 2019 at 2 pm. Document filed by Mark Gordon.(sbr) |
| Mailed a copy of #54 Memo Endorsement, Set Hearings, to Mark Gordon 14134 Pacific Point Place Apt. 207 Delray Beach, FL 33484 ; Audrey Pierot 13 Elizabeth St Scardale, NY 10583 ; Michael Marom 1824 Park Summit Blvd. Apex, NC 27523. (aea) |
| Mailed a copy of #51 Memo Endorsement, to Mark Gordon 14134 Pacific Point Place Apt. 207 Delray Beach, FL 33484. (aea) |
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Filing 54
MEMO ENDORSEMENT on re: #53 Letter, filed by Michael Marom. ENDORSEMENT: Application granted. The Status Conference scheduled for February 6, 2019 is adjourned to February 12, 2019 at 2:00 p.m. in Courtroom 421. The Clerk is respectfully requested to mail a copy of this endorsement to the pro se parties. SO ORDERED. (Status Conference set for 2/12/2019 at 02:00 PM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 1/22/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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| Filing 53 LETTER addressed to Magistrate Judge Judith C. McCarthy from Michael Marom dated January 15, 2019 re: In the event, the court cannot conduct the conference according to my request then, I am asking an appearance by phone by calling to Chambers on Feb 6th 917-390-4124 at 11:00 am. Document filed by Michael Marom.(sbr) |
| Filing 52 LETTER addressed To Whom it May Concern: from Mark Gordon dated 1/14/2019 re: This is a resubmission of a correspondence and request previously sent on 1/4/2019 which was not received by the court. Document filed by Mark Gordon.(sbr) |
| Mailed a copy of #51 Memo Endorsement, to Michael Marom 1824 Park Summit Blvd. Apex, NC 27523; Mark Gordon 13 Elizabeth St. Scardale, NY 10583 ; Audrey Pierot 13 Elizabeth St Scardale, NY 10583 (aea) Modified on 1/15/2019 (aea). |
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Filing 51
MEMO ENDORSEMENT on re: #50 Letter, filed by Mark Gordon. ENDORSEMENT: Application granted. Defendant Mark Gordon may participate in the February 6, 2019 status conference by telephone, and must call Chambers (917-390-4124) at the start of the conference. The Clerk is directed to mail a copy of this endorsement to the pro se parties. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 1/14/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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| Filing 50 LETTER addressed to Magistrate Judge Judith C. McCarthy from Mark Gordon dated January 7, 2019 re: Mark Gordon, being one of the defendants above, requests the Court take notice of the change of address previously submitted on January 4, 2019 to Magistrate Judge Smith and respectfully requests that all communications be sent to my Florida residence. Document filed by Mark Gordon.(sbr) |
| Filing 49 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Michael Marom consents to receive electronic service via the ECF system. Document filed by Michael Marom.(sc) |
| Filing 48 Request for Extension to Reply and Pre-Motion Conference. Document filed by Michael Marom.(rdz) |
| Mailed a copy of #47 Scheduling Order, to Audrey Pierot 13 Elizabeth St Scardale, NY 10583; Mark Gordon 13 Elizabeth St. Scardale, NY 10583; Michael Marom 5448 Apex Peakway #206 Apex, NC 27502. (aea) |
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Filing 47
SCHEDULING ORDER: Status Conference set for 2/6/2019 at 11:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. The Clerk is directed to mail a copy of this Order to all pro se parties. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 1/3/2019) (anc) Transmission to Docket Assistant Clerk for processing.
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Filing 46
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Judith C. McCarthy. (Signed by Judge Vincent L. Briccetti on 1/2/2019) Copies Mailed By Chambers. (mml)
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| Magistrate Judge Judith C. McCarthy 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. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (bcu) |
| Magistrate Judge Lisa M. Smith 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. (bcu) |
| Filing 44 CASE TRANSFERRED IN from the United States District Court - District of North Carolina Eastern; Case Number: 5:17-cv-00608. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 43
ORDER granting in part and denying in part #19 Motion to Dismiss or, in the alternative, to change venue. This action, including all pending motions [D.E. 23, 28, 31, 34], is transferred to the United States District Court for the Southern District of New York. Signed by District Judge James C. Dever III on 12/18/2018. Sent to Audrey Pierot and Mark Gordon at 13 Elizabeth St. Scarsdale, NY 10583 and Michael Marom at 5448 Apex Peakway #206 Apex, NC 27502 via US Mail. (Sellers, N.) [Transferred from North Carolina Eastern on 12/21/2018.]
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| Motion Submitted to District Judge James C. Dever III regarding #19 MOTION to Dismiss MOTION to Change Venue, #23 MOTION to Dismiss, #28 MOTION for Default Judgment as to, #34 MOTION for Summary Judgment, #31 MOTION for Leave to File, #40 MEMORANDUM AND RECOMMENDATIONS regarding #19 MOTION to Dismiss MOTION to Change Venue filed by Audrey Pierot, Mark Gordon, #23 MOTION to Dismiss filed by Audrey Pierot, #31 MOTION for Leave to File filed by Michael Marom, #28 MOTION for. (Sellers, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 42 RESPONSE TO OBJECTION to #40 Memorandum and Recommendations by Michael Marom. (Sellers, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 41 OBJECTION to #40 Memorandum and Recommendations by Mark Gordon. (Attachments: #1 Envelope) (Sellers, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 40 MEMORANDUM AND RECOMMENDATIONS regarding #19 MOTION to Dismiss MOTION to Change Venue filed by Audrey Pierot, Mark Gordon, #23 MOTION to Dismiss filed by Audrey Pierot, #31 MOTION for Leave to File filed by Michael Marom, #28 MOTION for Default Judgment as to filed by Michael Marom, #34 MOTION for Summary Judgment filed by Michael Marom. Objections to Memorandum and Recommendations due by 11/26/2018. Signed by US Magistrate Judge Robert B. Jones, Jr on 11/7/2018. Sent to Audrey Pierot and Mark Gordon at 13 Elizabeth St. Scarsdale, NY 10583 and Michael Marom at 5448 Apex Peakway #206 Apex, NC 27502 via US Mail. (Sellers, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
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Filing 39
ORDER REFERRING MOTIONS: #19 MOTION to Dismiss MOTION to Change Venue filed by Audrey Pierot, Mark Gordon, #23 MOTION to Dismiss filed by Audrey Pierot, #31 MOTION for Leave to File filed by Michael Marom, #28 MOTION for Default Judgment as to filed by Michael Marom, and #34 MOTION for Summary Judgment filed by Michael Marom. Motions referred to Magistrate Judge Jones for a memorandum and recommendation and for a frivolity review. Signed by Chief Judge James C. Dever III on 6/19/2018. (Jenkins, C.) [Transferred from North Carolina Eastern on 12/21/2018.]
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| Remark: Certified copy of #39 Order mailed to the pro se plaintiff and defendants at the address listed on the docket. (Jenkins, C.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 38 Letter to Clerk of Court from Mark Gordon and Audrey Pierot (Attachments: #1 Order of Protection, #2 Envelope) (Stouch, L.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Motion Submitted to Chief Judge James C. Dever III regarding #34 MOTION for Summary Judgment. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 37 Letter to Judge Dever filed by Michael Marom. (Attachments: #1 Exhibit 1 - Copy of Envelopes, #2 Exhibit 2 - Copy of Envelope) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 36 Letter from Mark Gordon and Audrey Pierot to the court regarding #34 Motion for Summary Judgment and failure to be served a copy of said motion. (Attachments: #1 Envelope 1, #2 Envelope 2) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 35 Roseboro Letter - Right to Respond regarding #34 MOTION for Summary Judgment sent to #34 MOTION for Summary Judgment. Responses due by 6/8/2018. Sent to Audrey Pierot and Mark Gordon at 13 Elizabeth St. Scarsdale, NY 10583 via US Mail. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 34 MOTION for Summary Judgment filed by Michael Marom. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 33 Proof of Service for Subpoena filed by Michael Marom served on Mark Gordon on 4/11/2018. (Attachments: #1 Proof of Service of subpoena on Audrey Pierot served on 4/11/2018) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Motion Submitted to Chief Judge James C. Dever III regarding #19 MOTION to Dismiss MOTION to Change Venue, #23 MOTION to Dismiss, #28 MOTION for Default Judgment as to, #31 MOTION for Leave to File. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 32 RESPONSE in Opposition regarding #23 MOTION to Dismiss filed by Michael Marom. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 31 MOTION for Leave to File DVD exhibit filed by Michael Marom. (Attachments: #1 Exhibit 1(a) - Letter from Police Chief) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 30 RESPONSE in Opposition regarding #19 MOTION to Dismiss, MOTION to Change Venue filed by Michael Marom. (Attachments: #1 Exhibit 1 - Incident/Investigation Report, #2 Exhibit 2 - Amended order entered 6/16/2011 in Westchester County New York, #3 Exhibit 3 - Vacatur of Judgment in the Supreme Court of the State of New York, County of Nassau, #4 Exhibit 4 - Verdict after Non-Jury Trial in the State of New York - County of Westchester, Greenburgh Town Court, #5 Letter from Mr. Marom regarding Pre Motion conference, #6 Exhibit 6 - Complaint Investigation Sheet in the Town of Greenburgh, #7 Exhibit 7 - Copy of Disc) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 29 Document: Letter for Attorney Michael D. Weinstein regarding subpoena received. (Attachments: #1 Affidavit of Ronise Stiefelmann, #2 Subpoena, #3 Envelope) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 28 MOTION and proposed order for Default Judgment filed by Michael Marom. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 27 Rule 12 Letter Issued as to #23 MOTION to Dismiss. Response due by 4/8/2018. Sent to Michael Marom at 5448 Apex Peakway #206 Apex, NC 27502 via US Mail. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 26 Financial Disclosure Statement filed by Audrey Pierot. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 25 Notice of Self-Representation filed by Audrey Pierot. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 24 Memorandum in Support regarding #23 MOTION to Dismiss filed by Audrey Pierot. (Attachments: #1 Affidavit of Audrey Pierot, #2 Copy of Summons and Complaint) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 23 MOTION to Dismiss filed by Audrey Pierot. (Attachments: #1 Certificate of Service, #2 Cover Letter, #3 Envelope) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 22 Affidavit of Service for Subpoena to Produce Documents filed by Michael Marom served on Mark Gordon and Audrey Pierot on 2/21/2018, and Clementyne design on 2/25/2018. (Attachments: #1 Proof of Service of Subpoena on Audrey Pierot, #2 Proof of Service of Subpoena on Clementyne design) (Jenkins, C.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 21 Rule 12 Letter Issued as to #19 MOTION to Dismiss, MOTION to Change Venue. Response due by 3/31/2018. Sent to Michael Marom at 5448 Apex Peakway #206 Apex, NC 27502 via US Mail. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 20 Memorandum in Support regarding #19 MOTION to Dismiss, MOTION to Change Venue filed by Mark Gordon, Audrey Pierot. (Attachments: #1 Copy of Order at DE 14, #2 Exhibit A - Copy of Complaint, #3 Exhibit B - Copy of Decision and Order on Motion from Index No: 602668/16 in the Supreme Court of the State of New York, #4 Exhibit C - Copy of Short Form Order from Indek No. 65010/12 in the Supreme Court of the State of New York, #5 Exhibit D - Copy of Temporary Order of Protection against Plaintiff from the Greenburgh Town Court, County of Westchester, State of New York, #6 Exhibit E - Copy of Transcript from the Supreme Court of the State of New York, Index # 55705/12, #7 Exhibit F - Copy of Order from the Supreme Court of the State of New York, County of Westchester, Index No.: 60068/2016, #8 Exhibit G - Marom v. Town of Greenburgh, 13-cv-4733(NSR)(S.D.N.Y. Feb. 23, 2015), #9 Exhibit H - State of New York Workers' Compensation Board Judgment Unit, Final Notice regarding Failure to Carry Workers' Comp Insurance and Balance due, #10 Exhibit I - Notice of Violation from the Town of Greenburgh, #11 Envelope) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 19 MOTION to Dismiss, MOTION to Change Venue filed by Mark Gordon, Audrey Pierot. (Attachments: #1 Affidavit in Support by Mark Gordon, #2 Affidavit in Support by Audrey Pierot) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 18 Financial Disclosure Statement filed by Mark Gordon. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 17 Notice of Self-Representation filed by Mark Gordon. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 16 Financial Disclosure Statement filed by Audrey Pierot. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 15 Notice of Self-Representation filed by Audrey Pierot. (Attachments: #1 Envelope) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
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Filing 14
ORDER granting in part and denying in part #10 Motion for Extension of Time to Answer ; granting in part and denying in part #13 Motion for Extension of Time to Answer. Defendants' deadline to answer or otherwise respond to plaintiff's complaint is extended to March 9, 2018. Signed by Chief Judge James C. Dever III on 1/24/2018. Sent to Michael Marom at 5448 Apex Peakway, #206 Apex, NC 27502 and Audrey Pierot and Mark Gordon at 13 Elizabeth St. Scarsdale, NY 10583 via US Mail. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.]
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| Filing 13 MOTION for Extension of Time to File Answer (duplicate) filed by Mark Gordon, Audrey Pierot. (Attachments: #1 Envelope) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Motion Submitted to Chief Judge James C. Dever III: regarding #13 MOTION for Extension of Time to File Answer. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 12 Affidavit of Service for Summons and Complaint filed by Michael Marom served on Mark Gordon and Audrey Pierot on 1/10/2018. (Attachments: #1 Proof of Service on Audrey Pierot) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 11 RESPONSE in Opposition regarding #10 MOTION for Extension of Time to File Answer filed by Michael Marom. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Motion Submitted to Chief Judge James C. Dever III: regarding #10 MOTION for Extension of Time to File Answer. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 10 MOTION for Extension of Time to File Answer filed by Mark Gordon, Audrey Pierot. (Attachments: #1 Envelope) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 8 Notice to Plaintiff of Responsibility to serve summons regarding #7 Summons Issued. Sent to Michael Marom at 5448 Apex Peakway #206 Apex, NC 27502 via US Mail. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 7 Summonses Issued as to Mark Gordon, Audrey Pierot. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 6 Proposed Summonses filed by Michael Marom. (Attachments: #1 Court's Letter Requesting Summonses, #2 Envelope) (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Motion Submitted to Chief Judge James C. Dever III: regarding #1 MOTION for Hearing and Complaint. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 5 Letter from Clerk of Court to Mr. Marom regarding Deficiency of proposed summonses. Sent to Michael Marom at 5448 Apex Peakway #206 Apex, NC 27502 via US Mail. (Briggeman, N.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 3 Notice of Self-Representation filed by Michael Marom. (Rudd, D.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 2 Financial Disclosure Statement filed by Michael Marom. (Rudd, D.) [Transferred from North Carolina Eastern on 12/21/2018.] |
| Filing 1 COMPLAINT against Mark Gordon, Audrey Pierot (Filing fee $400.00 receipt number RAL061216), filed by Michael Marom. (Attachments: #1 Exhibit Transcript of Video-Recorded Town Board Work Session on 4/18/2017, #2 Request for Pre-Motion Conference, #3 Civil Cover Sheet, #4 Proposed Summons(incorrect form)) (Rudd, D.) [Transferred from North Carolina Eastern on 12/21/2018.] |
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