ARMF Realty LLC et al v. County of Orange et al
| ARMF Realty LLC, Daniel Rubino, Alexsander Mkrtchyan, Gregory Pasternak, Christopher Bux, Victor Signorini and Timothy Shaun Ohara |
| County Of Orange and Kerry Gallagher |
| 7:2023cv11034 |
| December 20, 2023 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Nelson Stephen Roman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.
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Filing 16
ORDER: granting #13 Letter Motion for Conference re: #13 LETTER MOTION for Conference. addressed to Judge Nelson Stephen Roman from Matthew J. Nothnagle dated February 6, 2024. The Court is in receipt of the attached Letter from Defendants, dated February 6, 2024, seeking leave to file a Motion to Dismiss. The Court is further in receipt of the Letter response, also attached, from Plaintiffs, dated February 12, 2024. In their Letter response, Plaintiffs represent they are willing to file an amended complaint removing certain claims Defendants argue are duplicative and requests leave to add an additional plaintiff. Accordingly, Plaintiffs are GRANTED leave to file an amended complaint on or before March 4, 2024. Defendants are directed to answer, move, or otherwise respond to the amended complaint on or before March 25, 2024. Should Defendants opt to move, Defendants are directed to inform the Court via letter by March 25, 2024. Moreover, if Defendants choose to move, the Court waives the pre-motion conference requirement and grants Defendants leave to file a Motion to Dismiss in accordance with the following briefing schedule: (1) Defendants' moving papers are to be served (not filed) on May 9, 2024; (2) Plaintiffs' opposition papers are to be served (not filed) on June 10, 2024; and(3) Defendants' reply papers are to be served on June 25, 2024. All motion papers are to be filed by the parties on the reply date, June 25, 2024. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 13. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/12/2024) (ama) (Main Document 16 replaced on 2/12/2024) (ama). Modified on 2/12/2024 (ama).
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| Filing 15 LETTER addressed to Judge Nelson Stephen Roman from David Giglio, plaintiffs' attorney dated February 9, 2024 re: conference pertaining to motion to dismiss. Document filed by ARMF Realty LLC. (Attachments: #1 Supplement Certificate of service).(Giglio, David) |
| Set/Reset Deadlines: Amended Pleadings due by 3/4/2024. Motions due by 6/25/2024. Replies due by 6/25/2024. (ama) |
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Filing 14
MEMO ENDORSEMENT: on re: #13 LETTER MOTION for Conference. addressed to Judge Nelson Stephen Roman from Matthew J. Nothnagle dated February 6, 2024 filed by Kerry Gallagher, County Of Orange. ENDORSEMENT: Plaintiff's are directed to respond by February 13, 2024. SO ORDERED., ( Responses due by 2/13/2024) (Signed by Judge Nelson Stephen Roman on 2/07/2024) (ama)
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| Filing 13 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Matthew J. Nothnagle dated February 6, 2024. Document filed by County Of Orange, Kerry Gallagher..(Nothnagle, Matthew) |
| Filing 12 NOTICE OF APPEARANCE by Matthew Joseph Nothnagle on behalf of County Of Orange, Kerry Gallagher..(Nothnagle, Matthew) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,. Kerry Gallagher served on 1/17/2024, answer due 2/7/2024. Service was accepted by Desiree Petraro, County Clerk. Document filed by Victor Signorini; Daniel Rubino; Gregory Pasternak; Christopher Bux; ARMF Realty LLC; Timothy Shaun Ohara; Alexsander Mkrtchyan..(Giglio, David) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. County Of Orange served on 1/17/2024, answer due 2/7/2024. Service was accepted by Desiree Petraro, County Clerk. Document filed by Victor Signorini; Daniel Rubino; Gregory Pasternak; Christopher Bux; ARMF Realty LLC; Timothy Shaun Ohara; Alexsander Mkrtchyan..(Giglio, David) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Kerry Gallagher. (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to County Of Orange. (vf) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Kerry Gallagher in her official capacity as Treasurer for Orange County, re: #1 Complaint,. Document filed by ARMF Realty LLC, Christopher Bux, Alexsander Mkrtchyan, Timothy Shaun Ohara, Gregory Pasternak, Daniel Rubino, Victor Signorini..(Giglio, David) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to County of Orange, re: #1 Complaint,. Document filed by ARMF Realty LLC, Christopher Bux, Alexsander Mkrtchyan, Timothy Shaun Ohara, Gregory Pasternak, Daniel Rubino, Victor Signorini..(Giglio, David) |
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Filing 5
ORDER FOR ADMISSION PRO HAC VICE granting #4 Motion to Appear Pro Hac Vice. The motion of David M. Giglio, for admission to practice Pro Hac Vice in the above captioned action is granted. As further set forth by this Order. SO ORDERED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 4. (Signed by Judge Nelson Stephen Roman on 1/3/2024) (tg)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Victoria L. Reznik to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Naomi Reice Buchwald is no longer assigned to the case. (tro) |
| Filing 4 FIRST MOTION for David M. Giglio to Appear Pro Hac Vice ARMF et al v County of Orange et al (Orange). Filing fee $ 200.00, receipt number ANYSDC-28746201. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ARMF Realty LLC, Christopher Bux, Alexsander Mkrtchyan, Timothy Shaun Ohara, Gregory Pasternak, Daniel Rubino, Victor Signorini. (Attachments: #1 Exhibit Letter to Judge re: reason for motion, #2 Affidavit Affidavit of David Giglio in support of motion, #3 Exhibit Certificate of Good Standing, #4 Proposed Order Proposed Order).(Giglio, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 FIRST MOTION for David M. Giglio to Appear Pro Hac Vice ARMF et al v County of Orange et al (Orange). Filing fee $ 200.00, receipt number ANYSDC-28746201. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 3 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 5:23-cv-01578. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. 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. (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 Designated ECF. (tro) |
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Filing 2
ORDER TRANSFERRING CASE to Southern District of New York: As the Court has been advised that this matter was filed in the incorrect district, it is ordered that this action is hereby transferred to the Southern District of New York. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 12/19/2023.(kmc) [Transferred from New York Northern on 12/20/2023.]
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| DOCKET ANNOTATION: Case transferred electronically to Southern District of New York pursuant to Order of Transfer dated 12/19/2023. (kmc) [Transferred from New York Northern on 12/20/2023.] |
| Filing 1 COMPLAINT against County of Orange and Kerry Gallagher (Filing fee $405 receipt number ANYNDC-6548062) filed by Victor Signorini, Daniel Rubino, Gregory Pasternak, Christopher Bux, ARMF Realty LLC, Timothy Shaun Ohara, Alexsander Mkrtchyan. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons as to Defendants County of Orange and Kerry Gallagher)(ztc) [Transferred from New York Northern on 12/20/2023.] |
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