DEVITA v. BAY QUARTER LLC et al
| RICHARD DEVITA |
| BAY QUARTER LLC and ROBIN MINER |
| 3:2022cv00074 |
| December 14, 2022 |
| US District Court for the District of Virgin Islands |
| Ruth Miller |
| Robert A Molloy |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 MOTION for Extension of Time to File Answer by Defendants BAY QUARTER LLC, ROBIN MINER. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order) (D'Andrade, Shari) |
| Filing 38 Opposition to Motion re #37 MOTION for Entry of Default filed by Defendants BAY QUARTER LLC, ROBIN MINER. (D'Andrade, Shari) |
| Filing 37 MOTION for Entry of Default by Plaintiff RICHARD DEVITA. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3) (EMK) |
| Filing 36 CLERK'S APPROVAL OF MOTION FOR PERMISSION TO USE ELECTRONIC CASE FILING. Re: #35 Plaintiff Richard Devita shall abide by all the Court Rules, Orders, policies, and procedures governing the use of the electronic filing system. Moreover, in the event that Plaintiff Devita retains an attorney who appears on the party's behalf during the course of this action, the attorney must advise the Clerk of Court to terminate Plaintiff Devita's registration as a Filing User upon the attorney's appearance. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.). (EMK) |
| Filing 35 MOTION for Permission to Use Electronic Case Filing by Plaintiff RICHARD DEVITA. (Attachments: #1 Attachment 1, #2 Attachment 2) (IW) |
| Filing 34 NOTICE of Appearance Pro Se by Plaintiff RICHARD DEVITA. (IW) |
| Filing 33 NOTICE of Appearance by Shari Natalya D'Andrade on behalf of Defendants BAY QUARTER LLC, ROBIN MINER (D'Andrade, Shari) |
| Filing 32 Case transferred in from District of New Jersey; Case Number 2:22-cv-05406. Original file certified copy of transfer order and docket sheet received. (EMK) |
Filing 31
ORDER that the Clerk of the Court shall TRANSFER this matter to the District Court of the U.S Virgin Islands and mark the matter in this Court CLOSED. Signed by Judge Evelyn Padin on 12/14/2022. (qa, ) [Transferred from New Jersey on 12/14/2022.]
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| ***Civil Case Terminated. (qa, ) [Transferred from New Jersey on 12/14/2022.] |
| Filing 30 Letter from Pro se plaintiff re #21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FED. R. CIV. P. 2(b)(2), #28 Order, #29 Substitution of Attorney. (DEVITA, RICHARD) [Transferred from New Jersey on 12/14/2022.] |
| Filing 29 Substitution of Attorney - Attorney JEFFREY A. BRONSTER terminated. Attorney RICHARD DANIEL DEVITA for RICHARD DEVITA added.. (BRONSTER, JEFFREY) [Transferred from New Jersey on 12/14/2022.] |
| Reset Deadlines as to #21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FED. R. CIV. P. 2(b)(2). Motion set for 1/3/2023 before Judge Evelyn Padin. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) [Transferred from New Jersey on 12/14/2022.] |
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Filing 28
LETTER ORDER granting the #27 Requests. The return date for the pending motion #21 is now January 3, 2023. The plaintiff is directed to file a notice of appearance and an appropriate signed stipulation by December 20, 2022. The conference set for January 9, 2023 is canceled. Signed by Magistrate Judge Edward S. Kiel on 12/6/2022. (qa, ) [Transferred from New Jersey on 12/14/2022.]
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| Filing 27 Letter re Set/Reset Motion and R&R Deadlines/Hearings,. (BRONSTER, JEFFREY) [Transferred from New Jersey on 12/14/2022.] |
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Filing 26
LETTER ORDER: A telephonic initial scheduling conference shall be held on January 9, 2023 at 11:30 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties shall file a proposed joint discovery plan no later than three business days before the scheduled initial conference. The Court's form joint discovery plan can be found # here. Signed by Magistrate Judge Edward S. Kiel on 12/5/2022. (sms) [Transferred from New Jersey on 12/14/2022.]
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Filing 25
ORDER granting the #17 Motion for the pro hac vice admission of Shari N. D'Andrade. Signed by Magistrate Judge Edward S. Kiel on 11/16/2022. (qa, ) [Transferred from New Jersey on 12/14/2022.]
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| Filing 24 Proposed Order by All Defendants re #21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FED. R. CIV. P. 2(b)(2). (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 23 AFFIDAVIT in Support filed by All Defendants re #21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FED. R. CIV. P. 2(b)(2) (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 22 BRIEF in Support filed by All Defendants re #21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FED. R. CIV. P. 2(b)(2) (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FED. R. CIV. P. 2(b)(2) by All Defendants. Responses due by 12/19/2022. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 20 Proposed Order by All Defendants re #17 MOTION for Leave to Appear Pro Hac Vice Shari N. D'Andrade. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 19 DECLARATION of Shari N. D'Andrade re #17 MOTION for Leave to Appear Pro Hac Vice Shari N. D'Andrade by All Defendants. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 18 Certification on behalf of All Defendants Re #17 Motion for Leave to Appear Pro Hac Vice. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Shari N. D'Andrade by All Defendants. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Set Deadlines as to #17 MOTION for Leave to Appear Pro Hac Vice Shari N. D'Andrade. Motion set for 12/19/2022 before Magistrate Judge Edward S. Kiel. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) [Transferred from New Jersey on 12/14/2022.] |
| Reset Deadlines as to #21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FED. R. CIV. P. 2(b)(2). Motion set for 12/19/2022 before Judge Evelyn Padin. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) [Transferred from New Jersey on 12/14/2022.] |
| Set Deadlines as to #21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FED. R. CIV. P. 2(b)(2). Motion set for 12/19/2022 before Magistrate Judge Edward S. Kiel. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) [Transferred from New Jersey on 12/14/2022.] |
| Motion for Leave to Appear Pro Hac Vice (ECF No. #14 ) terminated. [Transferred from New Jersey on 12/14/2022.] |
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Filing 16
TEXT ORDER: Defendants' pro hac vice application (ECF No. #14 ; see also ECF Nos. #10 , #11 , #12 , #13 , #15 ) is denied without prejudice, as the application fails to: (1) disclose all of the bars - state and federal - in which the applicant is a member in good standing, along with the years of admissions to those bars and names and addresses of the officials or offices maintaining the rolls of the members of those bars or, in lieu thereof, certificates of good standing issued by those maintaining such rolls; (2) indicate whether plaintiff consented to the application; (3) utilize the correct jurat under 28 U.S.C. Sec. 1746; and (4) assert that "no disciplinary proceedings are pending against the attorney in any jurisdiction and no discipline has previously been imposed on the attorney in any jurisdiction." Please consult Local Civil Rule 101.1(c) and paragraph 5 of the Court's # Civil Case Management Order. So Ordered by Magistrate Judge Edward S. Kiel on 11/9/2022. (sms) [Transferred from New Jersey on 12/14/2022.]
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| Filing 15 DECLARATION of Shari N. D'Andrade in Support of Motion to Admit Counsel Pro Hac Vice by All Defendants. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice Shari N. D'Andrade by All Defendants. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| CLERK'S QUALITY CONTROL MESSAGE - The #12 Declaration of Shari N. D'Andrade submitted by Andrew Heymann on 11/8/2022 contains an improper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (qa, ) [Transferred from New Jersey on 12/14/2022.] |
| Set Deadlines as to #14 MOTION for Leave to Appear Pro Hac Vice Shari N. D'Andrade. Motion set for 12/5/2022 before Magistrate Judge Edward S. Kiel. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) [Transferred from New Jersey on 12/14/2022.] |
| CLERK'S QUALITY CONTROL MESSAGE - The #10 Motion for Leave to Appear Pro Hac Vice filed by Andrew Heymann on 11/8/2022 was submitted incorrectly as a Notice of Request to Receive NEFs. Please resubmit the Motion using the event "Motion to Appear Pro Hac Vice" found under Civil-Motions and Related Filings-Motions. This submission will remain on the docket unless otherwise ordered by the court. (qa, ) [Transferred from New Jersey on 12/14/2022.] |
| Filing 13 Proposed Order Granting Application for Admission Pro Hac Vice by All Defendants. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 12 DECLARATION of Shari N. D'Andrade in Support of Motion to Admit Counsel Pro Hac Vice by All Defendants. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 11 Certification on behalf of All Defendants. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 10 Notice of Request by Pro Hac Vice Shari N. D'Andrade to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13816090.) (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 9 Letter from Andrew W. Heymann. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
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Filing 8
STIPULATION AND ORDER Extending Time to Answer or Move. The time for Defendants to answer, move or otherwise reply to the Plaintiff's Complaint is hereby extended up to and including November 16, 2022. Signed by Magistrate Judge Edward S. Kiel on 11/3/2022. (qa, ) [Transferred from New Jersey on 12/14/2022.]
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| Clerk`s Text Order - The document #7 Stipulation filed by ROBIN MINER, BAY QUARTER LLC submitted by ROBIN MINER, BAY QUARTER LLC has been GRANTED. The answer due date has been set for 11/16/2022. (qa, ) [Transferred from New Jersey on 12/14/2022.] |
| Filing 7 STIPULATION Extending Time to Answer or Move by All Defendants. (HEYMANN, ANDREW) [Transferred from New Jersey on 12/14/2022.] |
| Filing 6 NOTICE of Appearance by ANDREW WAYNE HEYMANN on behalf of All Defendants (HEYMANN, ANDREW)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 12/14/2022.] |
| Filing 5 SUMMONS Returned Executed by RICHARD DEVITA. All Defendants. (DEVITA, RICHARD) [Transferred from New Jersey on 12/14/2022.] |
| Filing 4 SUMMONS ISSUED as to BAY QUARTER LLC, ROBIN MINER. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (qa, ) [Transferred from New Jersey on 12/14/2022.] |
| Filing 3 Exhibit to #1 Complaint, QC - Civil Cover Sheet JS44,, by RICHARD DEVITA. (BRONSTER, JEFFREY) [Transferred from New Jersey on 12/14/2022.] |
| Case assigned to Judge Evelyn Padin and Magistrate Judge Edward S. Kiel. (jr) [Transferred from New Jersey on 12/14/2022.] |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a #Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents and include the county of residence for the plaintiff. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jr) [Transferred from New Jersey on 12/14/2022.] |
| Filing 2 Request for Summons to be Issued by RICHARD DEVITA as to All Defendants. (Attachments: #1 Summons)(BRONSTER, JEFFREY) [Transferred from New Jersey on 12/14/2022.] |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 402 receipt number ANJDC-13669550) with JURY DEMAND, filed by RICHARD DEVITA.(BRONSTER, JEFFREY) [Transferred from New Jersey on 12/14/2022.] |
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