Vives et al v. Newburgh Society for the Prevention of Cruelty to Animals et al
Plaintiff: Rebecca Vives and Diana McGowan
Defendant: Hudson Valley SPCA, Inc., Eugene Hecht, Joan Kay and Newburgh Society for the Prevention of Cruelty to Animals doing business as Hudson Valley SPCA-Orange County
Case Number: 7:2024cv01244
Filed: February 20, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Kenneth M Karas
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2024 Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Newburgh Society for the Prevention of Cruelty to Animals served on 4/9/2024, answer due 4/30/2024. Service was accepted by Female employee refused to provide name. Service was made by U.S. First Class Mail. Document filed by Rebecca Vives; Diana McGowan..(Mullkoff, Stephen)
April 3, 2024 Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Stephen Mullkoff in Support re: #22 Proposed Clerk's Certificate of Default. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen) Modified on 4/3/2024 (nd).
April 3, 2024 Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/3/2024 (nd).
April 3, 2024 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stephen Mullkoff to RE-FILE Document #23 Declaration in Support. ERROR(S): Linked to deficient docket entry. (nd)
April 3, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Stephen Mullkoff. File the proof of service in the case using an applicable event found under the event list Service of Process. RE-FILE Document No. #22 Proposed Clerk's Certificate of Default,. The filing is deficient for the following reason(s): the proof of service of the pleading does not state complaint was included with the summons. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders -select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (nd)
March 27, 2024 Filing 21 AFFIRMATION of Stephen Mullkoff in Support re: #18 FIRST MOTION for Default Judgment as to JOAN KAY.. Document filed by Diana McGowan, Rebecca Vives. (Attachments: #1 Supplement Copy of Summons Complaint).(Mullkoff, Stephen)
March 27, 2024 Filing 20 AFFIDAVIT of Stephen Mullkoff in Support re: #18 FIRST MOTION for Default Judgment as to JOAN KAY.. Document filed by Diana McGowan, Rebecca Vives. (Attachments: #1 Proposed Order Proposed Default Judgment, #2 Exhibit Exhibits to Complaint, #3 Affidavit Proof of Service, #4 Supplement Clerk's Certificate of Default).(Mullkoff, Stephen)
March 27, 2024 Filing 19 AFFIDAVIT of Stephen Mullkoff in Support re: #18 FIRST MOTION for Default Judgment as to JOAN KAY.. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen)
March 27, 2024 Filing 18 FIRST MOTION for Default Judgment as to JOAN KAY. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen)
March 26, 2024 Filing 17 CLERK'S CERTIFICATE OF DEFAULT as to Joan Kay. (tp)
March 26, 2024 Filing 16 DECLARATION of Stephen Mullkoff re: #13 Affidavit of Service Complaints . Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen)
March 26, 2024 Filing 15 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
March 19, 2024 Filing 14 CERTIFICATE OF SERVICE of Summons and Complaint,,,. Eugene Hecht served on 3/12/2024, answer due 4/2/2024. Service was accepted by Defendant Eugene Hecht. Document filed by Rebecca Vives; Diana McGowan..(Mullkoff, Stephen)
March 5, 2024 Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Joan Kay served on 3/2/2024, answer due 3/25/2024. Service was accepted by Kathy Co-Worker. Document filed by Rebecca Vives; Diana McGowan..(Mullkoff, Stephen)
February 22, 2024 Filing 12 ELECTRONIC SUMMONS ISSUED as to Newburgh Society for the Prevention of Cruelty to Animals. (vf)
February 21, 2024 Filing 11 NOTICE of Consent to referral to magistrate judge. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen)
February 21, 2024 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to NEWBURGH SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS d/b/a HUDSON VALLEY SPCA-ORANGE COUNTY, re: #1 Complaint,,,. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen)
February 21, 2024 Filing 9 ELECTRONIC SUMMONS ISSUED as to Joan Kay..(pc)
February 21, 2024 Filing 8 ELECTRONIC SUMMONS ISSUED as to Eugene Hecht..(pc)
February 21, 2024 Case Designated ECF. (pc)
February 21, 2024 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
February 21, 2024 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stephen Mullkoff. The party information for the following party/parties has been modified: Hudson Valley SPCA, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted;. (pc)
February 21, 2024 Magistrate Judge Victoria Reznik 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. (pc)
February 21, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stephen Mullkoff to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
February 21, 2024 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stephen Mullkoff. The following case opening statistical information was erroneously selected/entered: Dollar Demand $385,000,000; County code Orange;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $385,000; the County code has been modified to New York;. (pc)
February 20, 2024 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to EUGENE HECHT, re: #1 Complaint,,,. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen)
February 20, 2024 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Hudson Valley SPCA, re: #1 Complaint,,,. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen) Modified on 2/21/2024 (pc).
February 20, 2024 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Joan Kay, re: #1 Complaint,,,. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen)
February 20, 2024 Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Diana McGowan, Rebecca Vives..(Mullkoff, Stephen)
February 20, 2024 Filing 3 NOTICE OF APPEARANCE by Stephen Mullkoff on behalf of Diana McGowan, Rebecca Vives..(Mullkoff, Stephen)
February 20, 2024 Filing 2 CIVIL COVER SHEET filed..(Mullkoff, Stephen)
February 20, 2024 Filing 1 COMPLAINT against Eugene Hecht, Hudson Valley SPCA, Inc., Joan Kay. (Filing Fee $ 405.00, Receipt Number ANYSDC-28967246)Document filed by Rebecca Vives, Diana McGowan. (Attachments: #1 Exhibit Goshen Town Court ORDER, #2 Exhibit Species Inspected USDA, #3 Exhibit USDA LICENSE, #4 Exhibit Seized animals used for fundraising, #5 Exhibit DAT #03984, #6 Exhibit DAT #03506, #7 Exhibit Pic of Court closure sign, #8 Exhibit Court Clerk email, #9 Exhibit DAT #03990, #10 Exhibit DAT #03991, #11 Exhibit Affidavit of Service, #12 Exhibit Vives Decision and Order, #13 Exhibit McGowan Order, #14 Exhibit Opposition to Motion Vives, #15 Exhibit Opposition to Motion McGowan).(Mullkoff, Stephen)

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Plaintiff: Rebecca Vives
Represented By: Stephen Mullkoff
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Plaintiff: Diana McGowan
Represented By: Stephen Mullkoff
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Defendant: Hudson Valley SPCA, Inc.
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Defendant: Eugene Hecht
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Defendant: Joan Kay
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Defendant: Newburgh Society for the Prevention of Cruelty to Animals doing business as Hudson Valley SPCA-Orange County
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