Kelly v. The City of Mount Vernon et al
| Robert Kelly |
| The Acocella Law Group P.C., The City of Mount Vernon, The City of Mount Vernon Urban Renewal Agency, Frank Acocella, Richard Thomas and Lawrence Porcari |
| 7:2019cv11369 |
| December 12, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 43
ORDER denying as moot #42 Letter Motion for Conference: ECF Docket #39 is not a proposed Order to Show Cause ("OSC"). It is an OSC signed by the Court and requiring the defaulting parties to show cause in writing by February 26, and in court on March 4, why judgment should not be entered against them. That is the first order of business. The City Defendants and Defendant Porcari should respond as directed in the OSC. Should the Court on March 4 decide not to enter default judgments, we can then discuss whatever procedural issues the parties wish to raise, and we will set a schedule for next steps The Clerk shall send a copy of this endorsement to Defendant Porcari, who is encouraged to sign up for electronic service of docketed items. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing.
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| Filing 42 LETTER MOTION for Conference re: #38 Notice of Appearance, #39 Order to Show Cause,,, addressed to Judge Cathy Seibel from Marc S. Oxman dated February 5, 2020. Document filed by The City of Mount Vernon, The City of Mount Vernon Urban Renewal Agency..(Oxman, Marc) |
| Mailed a copy of 43 Order on Motion for Conference, to Lawrence Porcari 625 Palisade Avenue Yonkers, NY 10703..(vba) |
| Mailed a copy of 43 Order on Motion for Conference, to Robert Kelly Church Station P.O.Box 1246 New York, NY 10008-1246..(vba) |
| Filing 41 ANSWER to #1 Complaint. Document filed by Lawrence Porcari.(sbr) |
| Filing 40 NOTICE OF APPEARANCE by Lawrence Porcari. (sbr) |
| Filing 38 NOTICE OF APPEARANCE by Marc S. Oxman on behalf of The City of Mount Vernon, The City of Mount Vernon Urban Renewal Agency..(Oxman, Marc) |
| Filing 37 CLERK'S CERTIFICATE OF DEFAULT as to Lawrence Porcari. (km) |
| Filing 36 CLERK'S CERTIFICATE OF DEFAULT as to City of Mount Vernon.(km) |
| Filing 35 CLERK'S CERTIFICATE OF DEFAULT as to City of Mount Vernon Urban Renewal Agency. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT Document No. #26 Proposed Default Judgment #27 Proposed Default Judgment #25 Proposed Default Judgment was reviewed and approved as to form. (km) |
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Filing 39
ORDER TO SHOW CAUSE: Plaintiff will move this Court for an Order granting default judgment pursuant to Federal Rules of Civil Procedure 55, judgement in the form of compensatory and punitive damages. Upon this order being granted, movant is directed to serve the Order to Show Cause and supporting appears on the Defendants by means of hand delivery or overnight express by February 10, 2020. Movant is further directed to file or cause to be filed on ECF, all papers submitted in support of the motion and Order. Opposition papers must be served and filed by February 26, 2020. Show Cause Hearing set for 3/4/2020 at 11:30 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. Show Cause Response due by 2/26/2020. (Signed by Judge Cathy Seibel on 2/3/2020) (mml)
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| Filing 34 AFFIRMATION of Robert Kelly IN SUPPORT OF REQUEST FOR CERTIFICATE OF DEFAULT, re: #23 Proposed Clerk's Certificate of Default, #22 Proposed Clerk's Certificate of Default, #24 Proposed Clerk's Certificate of Default. Document filed by Robert Kelly. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit).(sc) |
| Filing 33 UNSIGNED ORDER TO SHOW CAUSE filed by Robert Kelly..(sc) |
| Filing 32 UNSIGNED ORDER TO SHOW CAUSE filed by Robert Kelly..(sc) |
| Filing 31 UNSIGNED ORDER TO SHOW CAUSE filed by Robert Kelly..(sc) |
| Filing 30 STATEMENT OF DAMAGES. Document filed by Robert Kelly..(sc) |
| Filing 29 STATEMENT OF DAMAGES. Document filed by Robert Kelly..(sc) |
| Filing 28 STATEMENT OF DAMAGES. Document filed by Robert Kelly..(sc) |
| Filing 27 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Robert Kelly. (sc) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 26 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Robert Kelly. (sc) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 25 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Robert Kelly. (sc) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 24 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Robert Kelly. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 23 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Robert Kelly. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 22 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Robert Kelly. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 1/29/2020. The Court directs Plaintiff (if seeking to submit Order to Show Cause for Default Judgment against City Defendant(s) and Def Porcari) to file proposed Order to Show Cause by February 5, 2020. The Court grants Plaintiff leave to amend Complaint. Plaintiff's Amended Complaint to be submitted by February 28, 2020. Defendant(s) Acocella and Acocella Law Group Motion to Dismiss (or Answer) to be submitted by March 30, 2020; Plaintiff's opposition (if Motion filed) due April 13, 2020; Defendant(s) Acocella and Acocella Law Group reply due April 27, 2020. See transcript. (Court Reporter Sue Ghorayeb) (wc) |
| Filing 21 CONSENT TO ELECTRONIC SERVICE. Document filed by Richard Thomas.(sbr) |
| Filing 20 ANSWER to #1 Complaint. Document filed by Richard Thomas.(sbr) |
| Filing 19 NOTICE OF APPEARANCE PRO SE by Richard Thomas. (sbr) |
| Filing 18 LETTER addressed to Judge Cathy Seibel from R. Kelly, dated 1/22/20 re: I am forwarding this letter to your attention in compliance with the rules of the Court 2.(A) related to pre-motion conferences in civil cases etc. Accordingly, in accordance with the Courts rule 1.(E) requests for extensions, no extraordinary circumstances have been demonstrated by URA CMV and PORCARI to further extend time to answer and the Plaintiff accordingly seeks permission of the Court to initiate default proceedings. Document filed by Robert Kelly.(sc) |
| Filing 17 NOTICE OF APPEARANCE PRO SE by Robert Kelly. (sc) |
| Filing 16 LETTER addressed to Judge Cathy Seibel from Robert Kelly, dated 1/14/20 re: In accordance with the Court's 12/26/19 Order, please accept the following response to Defendants Frank Acocella(herein ACOCELLA) and the Acocella Law Group's (herein ACOCELLA LG) letter requesting a pre-motion conference regarding Defendants' anticipated motion to dismiss. The pleadings in this action speak for themselves and fully satisfy the plausibility standard, Bell Atlantic v. Twombly,550 U.S. 544(2007); and that further fact finding through discovery is warranted and a motion to dismiss at this stage is premature. Document filed by Robert Kelly.(sc) |
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Filing 15
ENDORSED LETTER addressed to Judge Cathy Seibel from Richard Thomas dated 1/6/2020 re: I write seeking (i) a time extension to reply to "Robert Kelly v. City of Mount Vernon, Mount Vernon Urban Renewal Agency, Richard Thomas, Lawrence Porcari, Frank Acocella, and The Acocella Law Group," and (ii) to obtain permission to attend your Court Conference on the same on January 29, 2020. ENDORSEMENT: Mr. Thomas may attend the 1/29/20 conference. The Clerk shall enter Mr. Thomas' appearance as a pro se defendant. His time to answer is extended to 1/27/20. In the future, any requests for extensions must be made before the applicable deadline. The Clerk shall send a copy of this endorsement to Mr. Thomas. SO ORDERED. (Signed by Judge Cathy Seibel on 1/13/2020) (mml) Transmission to Docket Assistant Clerk for processing. Modified on 1/29/2020 (mml).
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| Set/Reset Deadlines: Richard Thomas answer due 1/27/2020. (mml) |
| Mailed a copy of #15 Endorsed Letter, to Robert Kelly 910 Stuart Ave Apt. 6-O Mamaroneck, NY 10543. (vba) |
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Filing 14
ORDER granting #13 Letter Motion for Conference: Pre-Motion Conference set for 1/29/2020 at 11:30 AM before Judge Cathy Seibel. Plaintiff shall respond to Defendants' letter, by letter of no more than 3 pages, no later than 1/22/2020. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 13 FIRST LETTER MOTION for Conference addressed to Judge Cathy Seibel from Sheila A. Murphy, Esq. dated December 23, 2019. Document filed by Frank Acocella, The Acocella Law Group P.C..(Murphy, Sheila) |
| Filing 12 NOTICE OF APPEARANCE by Sheila Ann Murphy on behalf of Frank Acocella. (Murphy, Sheila) |
| Filing 11 NOTICE OF APPEARANCE by Sheila Ann Murphy on behalf of The Acocella Law Group P.C.. (Murphy, Sheila) |
| Filing 10 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Lawrence Porcari, served on 12/14/2019, answer due 1/6/2020. Service was accepted by Lawrence Porcari. Document filed by Robert Kelly. (sc) |
| Filing 9 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. The City of Mount Vernon served on 12/13/2019, answer due 1/3/2020. Service was accepted by female employee "Cheryl"(last name not given). Document filed by Robert Kelly. (sc) |
| Filing 8 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. The Acocella Law Group P.C., served on 12/13/2019, answer due 1/3/2020. Service was accepted by female employee "Liz"(last name not given). Document filed by Robert Kelly. (sc) |
| Filing 7 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. The City of Mount Vernon Urban Renewal Agency, served on 12/13/2019, answer due 1/3/2020. Service was accepted by (unknown male - refused to give name). Document filed by Robert Kelly. (sc) |
| Filing 6 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Frank Acocella served on 12/18/2019, answer due 1/8/2020. Service was accepted by (female-refused to give name ). Document filed by Robert Kelly. (sc) |
| Filing 5 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Richard Thomas served on 12/12/2019, answer due 1/2/2020. Service was accepted by Richard Thomas. Document filed by Robert Kelly. (sc) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Robert Kelly consents to receive electronic service via the ECF system. Document filed by Robert Kelly. (sac) |
| Filing 2 CIVIL COVER SHEET filed. (sac) |
| Filing 1 COMPLAINT against Frank Acocella, Lawrence Porcari, The Acocella Law Group P.C., The City of Mount Vernon, The City of Mount Vernon Urban Renewal Agency, Richard Thomas. Document filed by Robert Kelly. (Filing Fee $400.00, Receipt Number 465401250252) (sac) Modified on 12/16/2019 (sac). |
| Case Designated ECF. (sac) |
| SUMMONS ISSUED as to Frank Acocella, Lawrence Porcari, The Acocella Law Group P.C., The City of Mount Vernon, The City of Mount Vernon Urban Renewal Agency, Richard Thomas. (sac) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
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