BURNETT v. CRM RESIDENTIAL et al
| CRM RESIDENTIAL, BERGER ASSOCIATES, LLC, ROBERT BERGER, JOSEPH BERGER, NAKEISHA SIMMONS, ERICA JOHNSON, KENNETH GILYARD, YVONNE MCKOY, ANTHONY JOHNSON, SHAWN WILLIAMS, C.J. HAN, AMERICAN POSTAL WORKERS HOUSE, 801 RESIDENCE, AMERICAN POSTAL WORKERS HOUSE ASSOCIATES and AMERICAN POSTAL WORKERS HOUSE (APWH) |
| JOHN JAMES BURNETT |
| 2:2022cv02329 |
| June 13, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| MITCHELL S GOLDBERG |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 Fair Housing Act |
| Both |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 52 DEFENDANTS COMMUNITY REALTY MANAGEMENT, INC.,801 RESIDENCE, NAKEISHA SIMMONS AND ERICA JOHNSONSREPLY MEMORANDUM IN SUPPORT OF MOTION TO DIMISS, filed by CRM RESIDENTIAL, ERICA JOHNSON, NAKEISHA SIMMONS. (sg) |
Filing 51
ORDER THAT upon consideration of Defendants Community Reality Management, Inc., incorrectly named as CRM Residence, 801 Residence, Nakeisha Simmons and Erica Johnsons Joint Motion for Leave to File Reply Memorandum in Support of their Motion to Dismiss (ECF No. 50), it is hereby ordered that the Motion is GRANTED, and the Reply Brief attached as Exhibit 1 is deemed filed. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 9/15/2023.9/15/2023 ENTERED AND COPIES E-MAILED.(sg)
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| Filing 50 MOTION for Leave to File DEFENDANTS COMMUNITY REALTY MANAGEMENT, INC., 801 RESIDENCE, NAKEISHA SIMMONS, AND ERICA JOHNSON'S MOTION FOR LEAVE TO FILE REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS filed by 801 RESIDENCE, AMERICAN POSTAL WORKERS HOUSE (APWH), CRM RESIDENTIAL, ERICA JOHNSON, NAKEISHA SIMMONS.Memorandum, Certificate of Service.(KAYE, MARJORIE) |
| Filing 49 RESPONSE in Opposition re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOHN JAMES BURNETT. (Attachments: #1 Text of Proposed Order)(NASCIMENTO, LUCAS) |
| Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by 801 RESIDENCE, AMERICAN POSTAL WORKERS HOUSE (APWH), CRM RESIDENTIAL, ERICA JOHNSON, NAKEISHA SIMMONS.Memorandum and Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(KAYE, MARJORIE) |
| Filing 47 STIPULATION re #42 Amended Complaint to Extend Time to File Responsive Pleading to Amended Complaint by AMERICAN POSTAL WORKERS HOUSE (APWH). (ABBOTT, MICHAEL) |
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Filing 46
ORDERED that Defendants shall, within fourteen (14) days of the date of this Order, file either a motion to dismiss or a responsive pleading. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/16/2023. 8/17/2023 ENTERED AND COPIES E-MAILED.(sg)
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| Filing 45 Letter dated August 12, 2023 in Opposition to Defendants 12b6 Request by JOHN JAMES BURNETT. (NASCIMENTO, LUCAS) |
| Filing 44 Letter dated August 10, 2023 by 801 RESIDENCE, AMERICAN POSTAL WORKERS HOUSE (APWH), CRM RESIDENTIAL, ERICA JOHNSON, NAKEISHA SIMMONS. (KAYE, MARJORIE) |
| Filing 43 Summons Issued as to AMERICAN POSTAL WORKERS HOUSE ASSOCIATES, KENNETH GILYARD, C.J. HAN, ANTHONY JOHNSON, YVONNE MCKOY, SHAWN WILLIAMS. Forwarded To: EMAILED TO PLAINTIFFS COUNSEL on 7/28/2023 (sg) **ISSUED IN ERROR** (Main Document 43 replaced on 7/31/2023) (sg). Modified on 7/31/2023 (sg). |
| Filing 42 AMENDED COMPLAINT against All Defendants All Defendants., filed by JOHN JAMES BURNETT. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(NASCIMENTO, LUCAS) |
| Filing 41 Summons Issued as to AMERICAN POSTAL WORKERS HOUSE ASSOCIATES. Forwarded To: Plaintiff's Counsel on 6/27/23 (va) |
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Filing 40
ORDER GRANTING #23 MOTION TO DISMISS. PLAINTIFFS CLAIMS AGAINST JOSEPH BERGER, ROBERT BERGER, AND BERGER ASSOCIATES, LLC ARE DISMISSED WITH PREJUDICE. THE CLERKS OFFICE IS DIRECTED TO TERMINATE THOSE PARTIES AS DEFENDANTS; PLAINTIFFS STATE LAW CLAIMS OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, GROSS INFLICTION OF EMOTIONAL DISTRESS, DEFAMATION, LIBEL AND SLANDER (COUNTS VI, VII) ARE DISMISSED WITH PREJUDICE; PLAINTIFFS PHRA CLAIM (COUNT I) IS DISMISSED WITH PREJUDICE; PLAINTIFFS 504 CLAIMS AGAINST NAKEISHA SIMMONS AND ERICA JOHNSON (COUNT III) ARE DISMISSED WITH PREJUDICE; PLAINTIFFS FHA AND ADA CLAIMS AGAINST NAKEISHA SIMMONS AND ERICA JOHNSON, COMMUNITY REALITY MANAGEMENT, LLC AND 801 RESIDENCE, AND HIS 504 CLAIMS AGAINST COMMUNITY REALITY MANAGEMENT, LLC AND 801 RESIDENCE (COUNTS I, II, III, IV) ARE DISMISSED WITHOUT PREJUDICE. WITHIN THIRTY (30) DAYS OF THE DATE THIS ORDER, PLAINTIFF MAY FILE AN AMENDED COMPLAINT TO ATTEMPT TO CURE, IF HE CAN DO SO IN GOOD FAITH, THE DEFICIENCIES OUTLINED IN THIS ORDER. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/27/23. 6/27/23 ENTERED AND COPIES E-MAILED. (va)
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Filing 39
ORDER GRANTING #30 MOTION FOR JOINDER. THE CLERKS OFFICE SHALL AMEND THE CASE CAPTION TO JOIN THE FOLLOWING PARTY AS A DEFENDANT: AMERICAN POSTAL WORKERS HOUSE ASSOCIATES. WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER, AMERICAN POSTAL WORKERS HOUSE ASSOCIATES SHALL FILE ITS PROPOSED MOTION TO DISMISS; PLAINTIFFS MOTIONS FOR DEFAULT JUDGMENT (ECF NOS. #13 , #26 ) ARE DENIED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/27/23. 6/27/23 ENTERED AND COPIES E-MAILED. (va)
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| Filing 38 NOTICE of Appearance by MICHAEL R. ABBOTT on behalf of AMERICAN POSTAL WORKERS HOUSE, JOSEPH BERGER, ROBERT BERGER, BERGER ASSOCIATES, LLC with Jury Demand, Certificate of Service and Withdraw of Appearance of Tara L. Humma, Esquire and Constantinos Panagopoulos, Esquire(ABBOTT, MICHAEL) |
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Filing 37
ORDER GRANTING #36 MOTION FOR LEAVE TO FILE REPLY. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/28/23. 4/28/23 ENTERED AND COPIES E-MAILED.(va)
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| Filing 36 MOTION for Leave to File filed by AMERICAN POSTAL WORKERS HOUSE, JOSEPH BERGER, ROBERT BERGER, BERGER ASSOCIATES, LLC.Certificate of Service. (Attachments: #1 Exhibit)(ABBOTT, MICHAEL) |
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Filing 35
ORDER CONSOLIDATING CIVIL ACTIONS 22-2329 & 22-5224 FOR ALL PURPOSES BEFORE THE HONORABLE MITCHELL S. GOLDBERG PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(A). SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 4/13/23. 4/13/23 ENTERED AND COPIES E-MAILED. (va)
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| Filing 34 Letter dated March 14, 2023; re: Opposition to Consolidation & Request for Sanctions by JOHN JAMES BURNETT. (Attachments: #1 Appendix Pretrial Order)(NASCIMENTO, LUCAS) |
| Filing 33 Letter dated March 9, 2023 re: Consolidation by 801 RESIDENCE, CRM RESIDENTIAL, ERICA JOHNSON, NAKEISHA SIMMONS. (KAYE, MARJORIE) |
| Filing 32 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by 801 RESIDENCE, CRM RESIDENTIAL, ERICA JOHNSON, NAKEISHA SIMMONS.(KAYE, MARJORIE) |
| Filing 31 RESPONSE in Opposition re #30 First MOTION for Joinder AMERICAN POSTAL WORKERS HOUSE ASSOCIATES filed by JOSEPH BERGER, ROBERT BERGER, BERGER ASSOCIATES, LLC. (HUMMA, TARA) |
| Filing 30 First MOTION for Joinder AMERICAN POSTAL WORKERS HOUSE ASSOCIATES filed by JOHN JAMES BURNETT.Motion for Permissive Joinder.(NASCIMENTO, LUCAS) |
| Filing 29 RESPONSE in Opposition re #13 First MOTION for Default Judgment against Defendants CRM Residential, 801 Residence, American Postal Workers House (APWH), Erica Johnson, Nakeisha Simmons filed by AMERICAN POSTAL WORKERS HOUSE. (Attachments: #1 Exhibit A and B)(HUMMA, TARA) |
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Filing 28
ORDER THAT upon consideration of DefendantsJoseph Berger, Robert Berger, Berger Associates, LLC, Community Reality Management,Inc., incorrectly named as CRM Residence, 801 Residence, Nakeisha Simmons and EricaJohnsons Joint Motion for Leave to File Reply Memorandum in Support of their Motion toDismiss, it is hereby ordered that the Motion is GRANTED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 9/26/2022.9/26/2022 ENTERED AND COPIES E-MAILED. MAILED TO UNREP.(sg) Modified on 9/27/2022 (sg).
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| Filing 27 MOTION for Leave to File Reply Brief filed by 801 RESIDENCE, 801 RESIDENCE, JOSEPH BERGER, ROBERT BERGER, BERGER ASSOCIATES, LLC, CRM RESIDENTIAL, CRM RESIDENTIAL, ERICA JOHNSON, NAKEISHA SIMMONS.Brief, Certificate of Service, Proposed Order.(HUMMA, TARA) |
| Filing 26 Request for Entry of Default and Hearing on Damages filed by JOHN JAMES BURNETT.Proposed Order, Request for Entry, Attorney Certification & Motion, Memorandum of Law, Exhibits, Verification, Cert. of Service,.(NASCIMENTO, LUCAS) Modified on 9/13/2022 (lisad, ). |
| Filing 25 NOTICE by JOHN JAMES BURNETT re #24 Response in Opposition to Motion PROPOSED ORDER (NASCIMENTO, LUCAS) |
| Filing 24 RESPONSE in Opposition re #23 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOHN JAMES BURNETT. (NASCIMENTO, LUCAS) |
| Filing 23 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by 801 RESIDENCE, 801 RESIDENCE, JOSEPH BERGER, ROBERT BERGER, BERGER ASSOCIATES, LLC, CRM RESIDENTIAL, CRM RESIDENTIAL, ERICA JOHNSON, NAKEISHA SIMMONS.Notice of Motion, Memorandum of Law, Certificate of Service, Proposed Order. (Attachments: #1 Memorandum of Law, #2 Text of Proposed Order)(HUMMA, TARA) |
| Filing 22 NOTICE of Appearance by Sarah B. Simanglatt on behalf of 801 RESIDENCE, ERICA JOHNSON, NAKEISHA SIMMONS with Certificate of Service(Simanglatt, Sarah) |
| Filing 21 NOTICE of Appearance by ANDREW LAFIURA on behalf of 801 RESIDENCE, ERICA JOHNSON, NAKEISHA SIMMONS with Certificate of Service(LAFIURA, ANDREW) |
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Filing 20
ORDER THAT CRMS MOTION TO EXTEND DEADLINE TO ANSWER BE AND HEREBY IS GRANTED AS FOLLOWS: CRM SHALL ANSWER, RESPOND, OR OTHERWISE PLEAD IN RESPONSE TO THE PLAINTIFFS COMPLAINT ON OR BEFORE SEPTEMBER 2, 2022. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/31/2022.8/31/2022 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREPS.(sg)
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| Filing 19 MOTION for Extension of Time to File Answer Move or Otherwise Plead in Response to Plaintiff's Complaint filed by CRM RESIDENTIAL.Certificate of Service. (Attachments: #1 Exhibit)(LAFIURA, ANDREW) |
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Filing 18
ORDER THAT THE APPLICATION FOR PRO HAC VICE FOR ATTORNEY CONSTANTINOS PANAGOPOULOS IS GRANTED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/26/2022. 8/29/2022 ENTERED AND COPIES E-MAILED. MAILED TO UNREPS.(sg)
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| Filing 17 NOTICE of Appearance by Sarah B. Simanglatt on behalf of CRM RESIDENTIAL with Certificate of Service(Simanglatt, Sarah) |
| Filing 16 NOTICE of Appearance by ANDREW LAFIURA on behalf of CRM RESIDENTIAL with Certificate of Service(LAFIURA, ANDREW) |
| Filing 15 APPLICATION for Admission Pro Hac Vice of Constantinos Panagopoulos by JOSEPH BERGER, ROBERT BERGER, BERGER ASSOCIATES, LLC. ( Filing fee $ 40 receipt number APAEDC-16124844.). (HUMMA, TARA) |
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Filing 14
ORDER THAT UPON CONSIDERATION OF DEFENDANTS LETTER REQUESTING A PRE-MOTION CONFERENCE (ECF NO. 6), AND PLAINTIFFS LETTER IN RESPONSE (ECF NO. 7), AND THE COURT FINDING THAT A PRE-MOTION CONFERENCE TO DISCUSS DEFENDANTS PROPOSED MOTION TO DISMISS IS UNLIKELY TO BE HELPFUL IN RESOLVING THE MOTION, IT IS HEREBY ORDERED THAT DEFENDANTS SHALL, WITHIN FOURTEEN (14) DAYS OF THE DATE OF THIS ORDER, FILE THEIR RESPONSIVE PLEADING. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/19/2022. 8/22/2022 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(sg)
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| Filing 13 Request for Entry of Default and Hearing on Damages against Defendants CRM Residential, 801 Residence, American Postal Workers House (APWH), Erica Johnson, Nakeisha Simmons filed by JOHN JAMES BURNETT.Proposed Order, Request for Entry of Default, Attorney Certification, Memorandum of Law, Exhibits A-E, Verification, Certificate of Service.(NASCIMENTO, LUCAS) Modified on 8/17/2022 (lisad, ). |
| Filing 12 AFFIDAVIT of Service by Dennis Richman - Dennis Richman's Services for the Professional re: served Summons, Complaint, and Pretrial Order via Hand-Delivery at Place of Business upon Nakeisha Simmons, Assistant Property Manager - 801 Residence/APWH by Substituted Service on 07/07/2022 (NASCIMENTO, LUCAS) |
| Filing 11 AFFIDAVIT of Service by Dennis Richman - Dennis Richman's Services for the Professional re: served Summons, Complaint, and Pretrial Order via Hand-Delivery at Place of Business upon Erica Johnson, Property Manager 801 Residence/APWH by Personal Service on 07/07/2022 (NASCIMENTO, LUCAS) |
| Filing 10 AFFIDAVIT of Service by Dennis Richman - Dennis Richman's Services for the Professional re: served Summons, Complaint and Pretrial Order by Hand-Delivery at Place of Business upon 801 Residence by Corporate Service on 07/07/2022 (NASCIMENTO, LUCAS) |
| Filing 9 AFFIDAVIT of Service by Dennis Richman - Dennish Richman's Services for the Professional re: served Summons, Complaint and Pretrial Order by Hand-Delivery at Place of Business upon American Postal Workers House (APWH) by Corporate Service on 07/07/2022 (NASCIMENTO, LUCAS) |
| Filing 8 AFFIDAVIT of Service by Anthony Palmer - Dennis Richman Services re: served Summons, Complaint, and Pretrial Order Personally Served upon Solme Debnath by Left with Authorized Agent on 07/05/2022 (NASCIMENTO, LUCAS) |
| Filing 7 Letter dated 08/08/2022 by JOHN JAMES BURNETT. (NASCIMENTO, LUCAS) |
| Filing 6 Letter dated August 5, 2022 by JOSEPH BERGER, ROBERT BERGER, BERGER ASSOCIATES, LLC. (HUMMA, TARA) |
| Filing 5 NOTICE of Appearance by TARA L. HUMMA on behalf of JOSEPH BERGER, ROBERT BERGER, BERGER ASSOCIATES, LLC with Certificate of Service (Attachments: #1 Certificate of Service)(HUMMA, TARA) |
| Filing 4 EXHIBIT Designation Form by JOHN JAMES BURNETT.. (NASCIMENTO, LUCAS) |
| Filing 3 12(b) PROCEDURAL ORDER (sl) |
| Filing 2 Summons Issued as to 801 RESIDENCE, AMERICAN POSTAL WORKERS HOUSE, JOSEPH BERGER, ROBERT BERGER, BERGER ASSOCIATES, LLC, CRM RESIDENTIAL, KENNETH GILYARD, C.J. HAN, ANTHONY JOHNSON, ERICA JOHNSON, YVONNE MCKOY, NAKEISHA SIMMONS, SHAWN WILLIAMS. Forwarded To: EMAILED TO PLAINTIFFS COUNSEL on 6/14/2022 (sg) |
| Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. Plaintiff's counsel is directed to file COMPLETED Designation Form in this case using the Exhibit docket event. (sbt) |
| Filing 1 COMPLAINT against JOHN JAMES BURNETT ( Filing fee $ 402 receipt number BPAEDC-15980492.), filed by JOHN JAMES BURNETT. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(NASCIMENTO, LUCAS) |
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