Acevedo v. Harvard Maintenance Company et al (1:20-cv-00721), New York Southern District Court

Acevedo v. Harvard Maintenance Company et al

New York Southern District Court
Judge:	Alison J Nathan
Referred:	Kevin Nathaniel Fox
Case #:	1:20-cv-00721
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000e-2e Job Discrimination (Unlawful Employment Practices)

Case Filed:	Jan 24, 2020
Terminated:	Mar 31, 2021

Last checked: Wednesday Jul 22, 2020 5:23 AM EDT

Defendant Servete Draztti	Represented By John Francis Fullerton, III Epstein Becker & Green, P.C. contact info
Defendant Harvard Maintenance Company	Represented By John Francis Fullerton, III Epstein Becker & Green, P.C. contact info
Plaintiff Marcos Acevedo 6812 Yellowstone Blvd Forest Hills, NY 11375

Docket last updated: 04/29/2024 11:59 PM EDT

Monday, July 12, 2021
30		30 appeal USCA Mandate Mon 07/12 11:14 AM MANDATE of USCA (Certified Copy) as to29 Notice of Appeal filed by Marcos Acevedo. USCA Case Number 21-1200 Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/12/2021..(nd) Related: [-]
Tuesday, May 04, 2021
		appeal Transmission of Notice of Appeal and Docket Sheet to USCA Tue 05/04 1:27 PM Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:29 Notice of Appeal. (tp) Related: [-]
		appeal Appeal Record Sent to USCA - Electronic File Tue 05/04 1:28 PM Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for29 Notice of Appeal filed by Marcos Acevedo were transmitted to the U.S. Court of Appeals. (tp) Related: [-]
Thursday, April 29, 2021
29		29 appeal Notice of Appeal Tue 05/04 1:27 PM NOTICE OF APPEAL from28 Clerk's Judgment,27 Memorandum & Opinion. Document filed by Marcos Acevedo. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) Related: [-]
Thursday, April 01, 2021
		misc Mail Order by USPS Thu 04/01 10:07 AM Mailed a copy of27 Memorandum & Opinion, to Marcos Acevedo at 6812 Yellowstone Blvd, Forest Hills, NY 11375. (dsh) Related: [-]
		misc Mail Order by USPS Thu 04/01 12:18 PM Mailed a copy of28 Clerk's Judgment, with Notice of Right to Appeal forms attached, to Marcos Acevedo 6812 Yellowstone Blvd Forest Hills, NY 11375. (aea) Related: [-]
Wednesday, March 31, 2021
28		28 order Judgment - Clerk Thu 04/01 11:25 AM CLERK'S JUDGMENT re:27 Memorandum & Opinion in favor of Harvard Maintenance Company, Servete Draztti against Marcos Acevedo. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion & Order dated March 31, 2021, Defendants' motion is GRANTED in part. The following claims are dismissed with prejudice: the NYCHRL against both defendants, the ADEA claims against both defendants, the Title VII claims against Defendant Drazhi. The motion to dismiss is converted into a motion for summary judgment as to the Title VII claim against Harvard Maintenance, and the motion is GRANTED to the extent that the claims are predicated on Plaintiff's termination. The motion is denied as to the Title VII claim to the extent that it is based on acts other than Plaintiff's termination, but Defendant's alternative motion to compel arbitration is granted as to that claim. The Court thus dismisses the case in favor of arbitration as to the remaining claim. The Court finds pursuant to 28 U.S.C. � 1915(a)(3) that any appeal from the order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962); accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 3/31/2021) (km) Related: [-]
		Att: 1 Right to Appeal
27		27 19 pgs order Memorandum & Opinion Thu 04/01 9:23 AM MEMORANDUM OPINION & ORDER re:14 MOTION to Dismiss . filed by Servete Draztti, Harvard Maintenance Company. Defendants' motion is GRANTED in part. The following claims are dismissed with prejudice: the NYCHRL against both defendants, the ADEA claims against both defendants, the Title VII claims against Defendant Drazhi. The motion to dismiss is converted into a motion for summary judgment as to the Title VII claim against Harvard Maintenance, and the motion is GRANTED to the extent that the claims are predicated on Plaintiff's termination. The motion is denied as to the Title VII claim to the extent that it is based on acts other than Plaintiff's termination, but Defendant's alternative motion to compel arbitration is granted as to that claim. The Court thus dismisses the case in favor of arbitration as to the remaining claim. This resolves Dkt. No. 14.The Court finds pursuant to 28 U.S.C. � 1915(a)(3) that any appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is respectfully directed to terminate Dkt. No. 14, enter judgment and to close the case. The Clerk of Court is further directed to mail a copy of this Order to the pro se Plaintiff and to note its mailing on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/31/21) (yv) Related: [-]
Friday, September 11, 2020
26		26 2 pgs order Order Fri 09/11 11:04 AM ORDER: Accordingly, it is 9/11/20 hereby ORDERED that Plaintiff shall serve his opposition to Defendants' motion to dismiss by no later than November 20, 2020. If the Court does not receive any opposition by that date, it will deem Defendants' motion unopposed. The Clerks Office is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/10/2020) (mml) Related: [-]
		misc Transmission to Docket Assistant Clerk Fri 09/11 11:06 AM Transmission to Docket Assistant Clerk. Transmitted re:26 Order to the Docket Assistant Clerk for case processing. (mml) Related: [-]
		misc Mail Order by USPS Fri 09/11 11:11 AM Mailed a copy of26 Order, to Marcos Acevedo at 6812 Yellowstone Blvd, Forest Hills, NY 11375. (dsh) Related: [-]
Wednesday, September 09, 2020
25		25 misc Letter Wed 09/09 12:39 PM LETTER addressed to Judge Alison J. Nathan from M. Acevedo, dated 9/3/20 re: I write to request a nunc pro tunc extension of time from the original due date of 8/20/20 to a new deadline of 3/2021 to file my age discrimination and harassment case etc. Document filed by Marcos Acevedo.(sc) Related: [-]
Tuesday, September 01, 2020
		misc Mail Order by USPS Tue 09/01 8:45 AM Mailed a copy of24 Order, to Marcos Acevedo at 6812 Yellowstone Blvd, Forest Hills, NY 11375. (dsh) Related: [-]
Monday, August 31, 2020
24		24 1 pgs order Order Mon 08/31 4:47 PM ORDER. IT IS ORDERED that Plaintiff shall serve his opposition to Defendants' motion to dismiss by September 9, 2020. If the Court does not receive any opposition by that date, it will deem Defendants' motion unopposed. The Clerk's Office is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/31/2020) (rjm) Related: [-]
Tuesday, July 21, 2020
23		23 2 pgs order Order Tue 07/21 12:36 PM ORDER. IT IS ORDERED that Plaintiff shall serve his opposition to Defendants' motion to dismiss by August 20, 2020. Plaintiff's failure to serve his opposition to Defendants' motion to dismiss by that time may result in a dismissal of the case for failure to prosecute. Defendants' reply, if any, shall be served by September 3, 2020. At the time any reply is served, Defendants shall supply Chambers with a courtesy copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Foley Square, New York, New York. The Clerk's Office is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/21/2020) (rjm) Related: [-]
		misc Mail Order by USPS Tue 07/21 2:15 PM Mailed a copy of23 Order, to Marcos Acevedo at 6812 Yellowstone Blvd, Forest Hills, NY 11375. (dsh) Related: [-]
Friday, July 10, 2020
22		22 service Certificate of Service Other Fri 07/10 2:38 PM CERTIFICATE OF SERVICE of Declaration of John F. Fullerton III in further support of Defendants Motion to Dismiss served on Marcos Acevedo on July 10, 2020. Service was made by Mail. Document filed by Servete Draztti, Harvard Maintenance Company..(Fullerton, John) Related: [-]
21		21 respm Declaration in Support of Motion Fri 07/10 2:36 PM DECLARATION of John F. Fullerton III in Support re:14 MOTION to Dismiss .. Document filed by Servete Draztti, Harvard Maintenance Company..(Fullerton, John) Related: [-]
Tuesday, May 26, 2020
20		20 service Marshal's Process Receipt and Return of Service Executed Complaints Tue 05/26 6:27 PM MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Harvard Maintenance Company served on 5/13/2020, answer due 7/13/2020. Service was made by Mail. Document filed by Marcos Acevedo..(rro) Related: [-]
Thursday, May 14, 2020
		misc Mail Order by USPS Thu 05/14 3:27 PM Mailed a copy of19 Order, Set Deadlines, to Marcos Acevedo, 6812 Yellowstone Blvd, Forest Hills, NY 11375. (sac) Related: [-]
Friday, May 08, 2020
19		19 2 pgs order Order ~Util - Set Deadlines Fri 05/08 5:40 PM ORDER: Accordingly, it is hereby ORDERED that if Plaintiff intends to file an amended complaint, he shall do so by June 26, 2020. Plaintiff is hereby advised that any amended complaint will completely replace the original complaint. Accordingly, if Plaintiff files an amended complaint, he should include all of the information he believes is necessary to make a short, plain statement explaining why he is entitled to relief against each defendant. Plaintiff is on notice that declining to amend his pleadings to timely respond to a fully briefed argument in the Defendants' May 4 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendants' briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility."). If Plaintiff chooses to amend, Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that they intend to rely on the initially-filed motion to dismiss. IT IS FURTHER ORDERED that if no amended complaint is filed, Plaintiff shall serve his opposition to Defendants' motion to dismiss by June 26, 2020. Defendants' reply, if any, shall be served by July 10, 2020. At the time any reply is served, Defendants shall supplyChambers with a courtesy copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED that either party may request an extension of the briefing schedule for the motion. A deadline will be extended if the party demonstrates that its pursuit of the action has been diligent and that there is a good reason for extending the deadline. The Clerk's Office is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/8/2020) ( Amended Pleadings due by 6/26/2020.) (ks) Related: [-]
Monday, May 04, 2020
18		18 service Certificate of Service Other Mon 05/04 6:34 PM CERTIFICATE OF SERVICE of Motion to Dismiss, Declaration of John F. Fullerton III, With Exhibits in Support, Memorandum of Law in Support, Local Rule 12.1 Statement to Pro Se, Notice of Appearance of John F. Fullerton III, And Harvard Maintenance, Inc.'s Rule 7.1 Disclosure Statement served on Marcos Acevedo on May 4, 2020. Service was made by Mail. Document filed by Servete Draztti, Harvard Maintenance Company..(Fullerton, John) Related: [-]
17		17 notice Notice (Other) Mon 05/04 6:29 PM NOTICE of Pursuant to Local Rule 12.1 to Pro Se Party re:14 MOTION to Dismiss .. Document filed by Servete Draztti, Harvard Maintenance Company..(Fullerton, John) Related: [-]
16		16 23 pgs respm Memorandum of Law in Support of Motion Mon 05/04 6:24 PM MEMORANDUM OF LAW in Support re:14 MOTION to Dismiss . . Document filed by Servete Draztti, Harvard Maintenance Company..(Fullerton, John) Related: [-]
15		15 respm Declaration in Support of Motion Mon 05/04 6:20 PM DECLARATION of John F. Fullerton III in Support re:14 MOTION to Dismiss .. Document filed by Servete Draztti, Harvard Maintenance Company..(Fullerton, John) Related: [-]
		Att: 1 Exhibit A (1 of 3),
		Att: 2 Exhibit A (2 of 3),
		Att: 3 Exhibit A (3 of 3),
		Att: 4 Exhibit B,
		Att: 5 Exhibit C,
		Att: 6 Exhibit D
14		14 motion Dismiss Mon 05/04 5:50 PM MOTION to Dismiss . Document filed by Servete Draztti, Harvard Maintenance Company..(Fullerton, John) Related: [-]
13		13 misc Rule 7.1 Corporate Disclosure Statement Mon 05/04 5:46 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Harvard Maintenance Company..(Fullerton, John) Related: [-]
12		12 notice Notice of Appearance Mon 05/04 5:45 PM NOTICE OF APPEARANCE by John Francis Fullerton, III on behalf of Servete Draztti, Harvard Maintenance Company..(Fullerton, John) Related: [-]
Friday, March 06, 2020
10		10 service Marshal's Process Receipt and Return of Service Executed Complaints Mon 03/09 12:25 PM MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Servete Draztti, served on 3/4/2020, answer due 5/4/2020. Service was made by Mail, signed and returned by Brian Rauch, Attorney. Document filed by Marcos Acevedo. (sc) Related: [-]
Friday, February 14, 2020
9		9 respoth Objection (non-motion) Tue 02/18 7:51 AM OBJECTION TO MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES, re:5 Mediation Referral Order. Document filed by Marcos Acevedo. (sc) Related: [-]
Wednesday, February 05, 2020
8		8 misc FRCP 4 Service Package - Mailed Wed 02/05 9:25 AM INFORMATION PACKAGE MAILED to Marcos Acevedo, at 6812 Yellowstone Blvd Forest Hills, NY 11375, on 2/5/2020 Re:7 Order of Service, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (bwa) Related: [-]
		notice Notice (Other) Wed 02/05 8:22 AM NOTICE of mailing. The court mailed docket number 6 & 7 to Marcos Acevedo at 6812 Yellowstone Blvd, Forest Hills, NY 11375.(qs) Related: [-]
		service Summons Issued Wed 02/05 9:22 AM SUMMONS ISSUED as to Servete Draztti, Harvard Maintenance Company. (bwa) Related: [-]
		misc FRCP 4 Service Package - Hand Delivered to U.S.M. Wed 02/05 9:23 AM FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/5/2020 Re: Judge Alison J. Nathan7 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Harvard Maintenance Company, Servete Draztti, Supervisor. (bwa) Related: [-]
Tuesday, February 04, 2020
7		7 3 pgs order Order of Service Tue 02/04 3:16 PM ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Harvard Maintenance Company and Servete Draztti, Supervisor, and deliver to the U.S. Marshals Service all documents necessary to effect service. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/4/2020) (kv) Related: [-]
6		6 1 pgs order Order Referring Case to Magistrate Judge Tue 02/04 3:05 PM ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/04/2020) (ama) Related: [-]
5		5 order Mediation Referral Order Tue 02/04 3:01 PM MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES: IT IS ORDERED that this pro se case is referred for mediation to the Court's Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that the Clerk of Court shall attempt to locate pro bono counsel to represent Plaintiff at the mediation. Pro bono counsel will contact Plaintiff directly. The time to assign a mediator under Local Civil Rule 83.9 and the Court's Mediation Program Procedures will be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent Plaintiff solely for purposes of the mediation, and that representation will terminate at the conclusion of the mediation process. IT IS FURTHER ORDERED that any objection by Plaintiff either to the mediation or to the Court's request for pro bono counsel to represent Plaintiff in the mediation must be filed within 14 days of this order. The Court will mail this Order to Plaintiff and that mailing will be noted on the public docket. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/14/2020. (Signed by Judge Alison J. Nathan on 2/04/2020) (ama) Related: [-]
		misc Mail Order by USPS Tue 02/04 3:49 PM Mailed a copy of5 Mediation Referral Order, to Marcos Acevedo 6812 Yellowstone Blvd Forest Hills, NY 11375..(aea) Related: [-]
Monday, February 03, 2020
		notice Notice of Case Assignment/Reassignment Mon 02/03 2:27 PM NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case..(wb) Related: [-]
		utility Case Designation Mon 02/03 2:27 PM Magistrate Judge Kevin Nathaniel Fox 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (wb) Related: [-]
Thursday, January 30, 2020
		misc Mail Order by USPS Thu 01/30 10:43 AM Mailed a copy of3 Order Granting IFP Application to Marcos Acevedo 6812 Yellowstone Blvd Forest Hills, NY 11375. (vba) Related: [-]
Wednesday, January 29, 2020
3		3 1 pgs order Order Granting IFP Application Thu 01/30 10:19 AM ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. � 1915. (Signed by Judge Colleen McMahon on 1/29/2020) (va) Related: [-]
Friday, January 24, 2020
2		2 cmp Complaint Tue 01/28 2:29 PM COMPLAINT against Servete Draztti, Harvard Maintenance Company. Document filed by Marcos Acevedo. (sac) Related: [-]
1		1 misc Request to Proceed In Forma Pauperis Tue 01/28 2:28 PM REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Marcos Acevedo. (sac) Related: [-]
		utility Case Designated ECF Tue 01/28 2:30 PM Case Designated ECF. (sac) Related: [-]

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