Harty v. Rubicon RA Tarrytown, LLC et al
Plaintiff: Owen Harty
Defendant: Pyramid Tarrytown Management LLC and Rubicon RA Tarrytown, LLC
Case Number: 7:2019cv09468
Filed: October 14, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Philip M Halpern
Referring Judge: Nelson Stephen Roman
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: None
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This docket was last retrieved on December 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2020 Filing 42 CLERK'S JUDGMENT re: #41 Order on Motion to Dismiss in favor of Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC against Owen Harty. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated December 17, 2020, the Court heard oral argument via videoconference on Defendants' motion to dismiss Plaintiff's Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Following oral argument, the Court issued a bench ruling. For the reasons indicated on the record, the motion to dismiss is GRANTED; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 12/17/2020) (Attachments: #1 Right to Appeal) (km)
December 17, 2020 Opinion or Order Filing 41 ORDER granting #16 Motion to Dismiss. On December 17, 2020, the Court heard oral argument via videoconference on Defendants' motion to dismiss Plaintiff's Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (See Doc. 16). Following oral argument, the Court issued a bench ruling. For the reasons indicated on the record, the motion to dismiss is GRANTED. The Clerk of Court is instructed to terminate the pending motion (Doc. 16) and close this action. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/17/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
December 17, 2020 Filing 40 NOTICE of Supplemental Legal Authority Dove Hess Decision re: #36 Letter,. Document filed by Owen Harty..(Sverd, Peter)
December 17, 2020 Filing 39 NOTICE of of Supplemental Legal Authority Response to West Point Decision re: #36 Letter,. Document filed by Owen Harty..(Sverd, Peter)
December 17, 2020 Filing 38 NOTICE of Notice of Supplemental Authority Camacho Decision. Document filed by Owen Harty..(Sverd, Peter)
December 15, 2020 Opinion or Order Filing 37 ORDER: The oral argument scheduled for 12/17/2020 at 12:00 p.m. will be held remotely via video conference through Skype for Business.Counsel (and all individuals attending the oral argument) shall use the following link to access Skype for Business at the scheduled time: and further set forth in this Order. (Signed by Judge Philip M. Halpern on 12/15/2020) (rro)
December 15, 2020 Filing 36 LETTER addressed to Judge Philip M. Halpern from Erin M. Sales dated December 15, 2020 re: Supplemental Authority in Support of Defendants' Motion to Dismiss. Document filed by Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC. (Attachments: #1 Exhibit A-West Point Realty, Inc. Opinion, #2 Exhibit B-Laufer Opinion).(Sales, Erin)
December 15, 2020 Opinion or Order Filing 35 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #34 Motion for Thomas B. Bacon to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 12/15/2020) (ks)
December 14, 2020 Filing 34 THIRD MOTION for Thomas B. Bacon to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Owen Harty. (Attachments: #1 Affidavit, #2 Exhibit A - Court Admissions, #3 Exhibit B - Good Standing Certificates, #4 Text of Proposed Order).(Bacon, Thomas)
December 14, 2020 Filing 33 FILING ERROR - DEFICIENT DOCKET ENTRY - SECOND MOTION for Thomas B. Bacon to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Owen Harty. (Attachments: #1 Affidavit, #2 Exhibit A - Court Admissions, #3 Exhibit B - Good Standing Certificates, #4 Text of Proposed Order).(Bacon, Thomas) Modified on 12/14/2020 (vba).
December 14, 2020 Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas B. Bacon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23020048. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Owen Harty. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Good Standing Certificates).(Bacon, Thomas) Modified on 12/14/2020 (vba).
December 14, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #32 MOTION for Thomas B. Bacon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23020048. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order; Missing Notarized Affidavit or Declaration;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)
December 14, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #33 SECOND MOTION for Thomas B. Bacon to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): AFFIDAVIT NOT NOTARIZED;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
December 14, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 THIRD MOTION for Thomas B. Bacon to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 11, 2020 Opinion or Order Filing 31 ORDER FOR ADMISSION PRO HAC VICE ON MOTION granting #30 Motion for Erin M. Sales to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 12/11/2020) (ks)
December 10, 2020 Filing 30 MOTION for Erin M. Sales to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22979441. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC. (Attachments: #1 Affidavit of Erin M. Sales in Support, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion for Admission Pro Hac Vice).(Sales, Erin)
December 10, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Erin M. Sales to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22979441. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 17, 2020 Opinion or Order Filing 29 ORDER : Pursuant to Rule 4(L) of the Court's Individual Practices, oral argument has been scheduled on Defendants' pending motion to dismiss Plaintiff's Complaint. (Doc. 16). The oral argument will be held via video conference on December 17, 2020 at 12:00 p.m. At least one week prior to the scheduled oral argument, counsel shall contact the Southern District of New York Technology Department (212-805-0134) to coordinate video conference services. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/17/2020) ( Telephone Conference set for 12/17/2020 at 12:00 PM before Judge Philip M. Halpern.) (ks)
October 21, 2020 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Andrew E. Krause. Please note that this is a reassignment of the designation only. (ad)
August 5, 2020 Filing 28 NOTICE of Supplemental Authority Mootness re: #20 Memorandum of Law in Opposition to Motion. Document filed by Owen Harty..(Sverd, Peter)
July 22, 2020 Filing 27 NOTICE of of Supplemental Legal Authority as to Mootness. Document filed by Owen Harty..(Sverd, Peter)
June 11, 2020 Opinion or Order Filing 26 ORDER denying #24 Letter Motion for Leave to File Document. Plaintiff's request for permission to file a motion to strike Defendants' reply exhibits and/or request to file a sur-reply are Denied. On a Rule 12(b)(6) motion to dismiss the Court will not consider facts raised for the first time in an opposition brief. See Leonard F. v. Israel Disc. Bank of New York, 199 F.3d 99, 107 (2d Cir. 1999)("In adjudicating a Rule 12(b)(6) motion, a district court must confine its consideration "to facts stated on the face of the complaint. in documents appended to the complaint or incorporated in the complaint by reference, and to matters of which judicial notice may be taken." (quoting Allen v. WestPoint-Pepperell, Inc., 945 F. 2d 40, 44 (2d Cir, 1991). Similarly, on a Rule 12(b)(6) motion to dismiss the Court will not consider evidence or arguments raised for the first time in Defendants' reply. See Knipe v. Skinner, 999 F 2d 708, 711 (2d Cir. 1993) ("Arguments may not be made for the first time in a reply brief.") The Clerk is instructed to terminate ECF No. 24. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/11/2020) (ama) Modified on 6/17/2020 (ama).
June 10, 2020 Filing 25 LETTER RESPONSE to Motion addressed to Judge Philip M. Halpern from Taylor A. Harduvel dated June 10, 2020 re: #24 FIRST LETTER MOTION for Leave to File Strike Reply and/or to Submit Sur Reply in Further Opposition to Motion to Dismiss addressed to Judge Philip M. Halpern from Peter Sverd, Esq. dated June 8, 2020. . Document filed by Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC..(Harduvel, Taylor)
June 8, 2020 Filing 24 FIRST LETTER MOTION for Leave to File Strike Reply and/or to Submit Sur Reply in Further Opposition to Motion to Dismiss addressed to Judge Philip M. Halpern from Peter Sverd, Esq. dated June 8, 2020. Document filed by Owen Harty..(Sverd, Peter)
June 4, 2020 Filing 23 DECLARATION of Taylor A. Harduvel in Support re: #16 MOTION to Dismiss the Complaint.. Document filed by Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC. (Attachments: #1 Exhibit A- Defendant's Public Website, #2 Exhibit B- Tarrytown House Estate Website Accessible Page, #3 Exhibit C- Tarrytown House Estate Website Amenities Page, #4 Exhibit D- Tarrytown House Estate Website Rooms & Suites Page, #5 Exhibit E- Preferred Hotels Website, #6 Exhibit F- Preferred Hotels Website, #7 Exhibit G- Orbitz Website, #8 Exhibit H- Booking.com Website, #9 Exhibit I- Expedia.com Website, #10 Exhibit J- Hotels.com Website, #11 Exhibit K- Hotels.com Website).(Harduvel, Taylor)
June 4, 2020 Filing 22 REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss the Complaint. . Document filed by Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC..(Harduvel, Taylor)
May 29, 2020 Filing 21 DECLARATION of Peter Sverd, Esq. in Opposition re: #16 MOTION to Dismiss the Complaint.. Document filed by Owen Harty. (Attachments: #1 Exhibit Parks Case).(Sverd, Peter)
May 20, 2020 Filing 20 MEMORANDUM OF LAW in Opposition re: #16 MOTION to Dismiss the Complaint. Submitted on behalf of Plaintiff, Owen Harty. Document filed by Owen Harty..(Sverd, Peter)
May 20, 2020 Filing 19 DECLARATION of Peter Sverd, Esq. in Opposition re: #16 MOTION to Dismiss the Complaint.. Document filed by Owen Harty. (Attachments: #1 Exhibit Owen Harty Affidavit, #2 Exhibit Transcript of Proceedings, #3 Exhibit DOJ Guidelines).(Sverd, Peter)
May 8, 2020 Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ACE Tarrytown, LLC, Corporate Parent DST Holdings, LLC, Corporate Parent DSRS Holdings, LLC, Corporate Parent JALL Realty, LLC, Corporate Parent Rabin Tarrytown, LLC, Corporate Parent SZ Funding, LLC, Corporate Parent Segal and Segal Holdings, LLC, Corporate Parent Rubicon Tarrytown Investor LLC, Corporate Parent Alexander Tarrytown LLC for Rubicon RA Tarrytown, LLC; Corporate Parent Pyramid Advisors Limited Partnership, Corporate Parent Pyramid Management Advisors, LLC, Corporate Parent Pyramid Management Holdings, LLC for Pyramid Tarrytown Management LLC. Document filed by Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC..(Harduvel, Taylor)
April 20, 2020 Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss the Complaint. . Document filed by Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC..(Harduvel, Taylor)
April 20, 2020 Filing 16 MOTION to Dismiss the Complaint. Document filed by Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC..(Harduvel, Taylor)
April 6, 2020 NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Nelson Stephen Roman is no longer assigned to the case. (sjo)
March 3, 2020 Filing 15 MEMO ENDORSEMENT on re: #10 Letter re: Plaintiff Letter in Response to Defendants' intention to move to dismiss the case and plaintiff will rely on its pleadings, filed by Owen Harty, #9 Endorsed Letter re: request a pre-motion conference. ENDORSEMENT: The Court is in possession of the attached pre-motion letter from Defendants, filed January 21, 2020 (ECF No. 9) and Plaintiff's letter in response, filed January 23, 2020 (ECF No. 10). The Court waives the pre-motion conference requirement and grants Defendants leave to file their motion to dismiss with the following briefing schedule: moving papers shall be served not filed April 20, 2020; Plaintiff's opposition papers shall be served not filed May 20, 2020; and reply papers shall be served June 4, 2020. All motion documents shall be filed on the reply date, June 4, 2020. The parties shall provide 2 courtesy copies of their respective motion documents to Chambers on the dates the documents are served upon their adversary., Motions due by 6/4/2020. (Signed by Judge Nelson Stephen Roman on 3/3/2020) (rj)
March 3, 2020 Opinion or Order Filing 14 ORDER FOR ADMISSION PRO HAC VICE ON MOTION granting #11 Motion for Taylor A. Harduvel to Appear Pro Hac Vice. Clerk of the Court requested to terminate the motion (doc. 11). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/3/2020) (rj)
March 3, 2020 Opinion or Order Filing 13 ORDER FOR ADMISSION PRO HAC VICE ON MOTION granting #12 Motion for Kevin W.Shaughnessy to Appear Pro Hac Vice. Clerk of the Court requested to terminate the motion (doc. 12). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/3/2020) (rj)
March 3, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Kevin William Shaughnessy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18978110. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 2, 2020 Filing 12 MOTION for Kevin William Shaughnessy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18978110. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice on Motion).(Shaughnessy, Kevin)
March 2, 2020 Filing 11 MOTION for Taylor Ashley Harduvel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18976151. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pyramid Tarrytown Management LLC. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Order for Admission Pro Hac Vice on Motion).(Harduvel, Taylor)
March 2, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Taylor Ashley Harduvel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18976151. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
January 23, 2020 Filing 10 FIRST LETTER addressed to Judge Nelson Stephen Roman from Peter Sverd, Esq. dated January 23, 2020 re: Plaintiff Letter in Response to Defendants' intention to move to dismiss the case and plaintiff will rely on its pleadings. Document filed by Owen Harty.(Sverd, Peter)
January 21, 2020 Opinion or Order Filing 9 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Amanda L. Van Hoose Garofalo dated 1/10/2020 re: request a pre-motion conference. ENDORSEMENT: Opposing party to state position in writing (not to exceed 3 pages) by Jan, 23, 2020. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/21/2020) (rro)
December 11, 2019 Filing 8 MEMO ENDORSEMENT on re: #7 Endorsed Letter re: Request that Defendants' deadline for responding to the Complaint be extended from November 12, 2019 to December 12, 2019. ENDORSEMENT: The application is granted. No further extensions., Pyramid Tarrytown Management LLC answer due 1/11/2020; Rubicon RA Tarrytown, LLC answer due 1/11/2020. (Signed by Judge Nelson Stephen Roman on 12/11/2019) (rj)
November 11, 2019 Filing 7 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Amanda L. Can Hoose Garofalo dated 11/11/2019 re: Request that Defendants' deadline for responding to the Complaint be extended from November 12, 2019 to December 12, 2019. ENDORSEMENT: The application is granted., Pyramid Tarrytown Management LLC answer due 12/12/2019; Rubicon RA Tarrytown, LLC answer due 12/12/2019. (Signed by Judge Nelson Stephen Roman on 11/11/2019) (rj)
November 11, 2019 Filing 6 NOTICE OF APPEARANCE by Amanda L Van Hoose Garofalo on behalf of Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC. (Van Hoose Garofalo, Amanda)
October 15, 2019 Filing 5 ELECTRONIC SUMMONS ISSUED as to Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC. (gp)
October 15, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter Erik Sverd. The party information for the following party/parties has been modified: Owen Harty. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp)
October 15, 2019 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. (gp)
October 15, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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. (gp)
October 15, 2019 Case Designated ECF. (gp)
October 14, 2019 Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Owen Harty.(Sverd, Peter)
October 14, 2019 Filing 3 CIVIL COVER SHEET filed. (Sverd, Peter)
October 14, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Rubicon RA Tarrytown, LLC and Pyramid Tarrytown Mgmt LLC, re: #1 Complaint. Document filed by Owen Harty. (Sverd, Peter)
October 14, 2019 Filing 1 COMPLAINT against Pyramid Tarrytown Management LLC, Rubicon RA Tarrytown, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17766449)Document filed by Owen Harty.(Sverd, Peter)

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Search for this case: Harty v. Rubicon RA Tarrytown, LLC et al
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Defendant: Pyramid Tarrytown Management LLC
Represented By: Amanda L Van Hoose Garofalo
Represented By: Taylor Ashley Harduvel
Represented By: Kevin W Shaughnessy
Represented By: Erin Sales
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Defendant: Rubicon RA Tarrytown, LLC
Represented By: Amanda L Van Hoose Garofalo
Represented By: Taylor Ashley Harduvel
Represented By: Kevin W Shaughnessy
Represented By: Erin Sales
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Plaintiff: Owen Harty
Represented By: Peter Erik Sverd
Represented By: Thomas Burns Bacon
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