Coca v. Mercer Street Hospitality, LLC et al
New York Southern District Court | |
Judge: | Jessica G L Clarke |
Referred: | Katharine H Parker |
Case #: | 1:23-cv-00517 |
Nature of Suit | 442 Civil Rights - Employment |
Cause | 42:2000e-2e Job Discrimination (Unlawful Employment Practices) |
Case Filed: | Jan 20, 2023 |
Terminated: | Sep 19, 2023 |
Last checked: Thursday Jul 20, 2023 5:54 AM EDT |
Defendant
142 Mercer Street LLC
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Represented By
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Defendant
Richard Malijan
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Represented By
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Defendant
Mercer Street Hospitality, LLC
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Represented By
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Defendant
Cosette Richardson
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Represented By
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Defendant
Dawn Blake
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Represented By
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Plaintiff
Engels Coca
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Represented By
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TERMINATED PARTIES | |
Defendant
Dawn Doe
Terminated: 01/31/2023
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Represented By
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Docket last updated: 71 minutes ago |
Tuesday, September 19, 2023 | ||
43 | 43
![]() ORDER OF DISMISSAL: The Court having been advised at ECF No. 41 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Section 6(a) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 9/19/2023) (tg) |
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utility
Terminate Transcript Deadlines
Tue 09/19 10:53 AM
Terminate Transcript Deadlines (tg) |
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Friday, September 15, 2023 | ||
42 | 42
![]() MEMO ENDORSEMENT on re:41 Letter filed by Engels Coca. ENDORSEMENT: APPLICATION GRANTED: In light of the parties' representation that they have settled this matter, the Initial Case Management Conference previously scheduled for September 19, 2023 is hereby adjourned sine die. (Signed by Magistrate Judge Katharine H. Parker on 9/15/2023) (vfr) |
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41 | 41
![]() LETTER addressed to Magistrate Judge Katharine H. Parker from Greg Calliste Jr., Esq. dated 09/15/2023 re: Joint Letter Motion to Adjourn Case Management Conference, Due To Settlement. Document filed by Engels Coca..(Calliste, Gregory) |
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Thursday, September 14, 2023 | ||
notice
Notice (Other)
Thu 09/14 12:54 PM
NOTICE TO COUNSEL: REMINDER of the Case Management Conference set for Tuesday, September 19, 2023 at 11:30 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York before Judge Katharine H. Parker re:40 Order (ca) |
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Tuesday, September 05, 2023 | ||
40 | 40
![]() ORDER ADJOURNING CASE MANAGEMENT CONFERENCE: The Case Management Conference scheduled for September 27, 2023 is hereby canceled. The Case Management Conference previously set for Tuesday, September 19, 2023 at 11:30 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York will proceed as scheduled. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/5/2023) (vfr) |
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utility
Set/Reset Hearings
Tue 09/05 10:45 AM
Set/Reset Hearings: Case Management Conference set for 9/19/2023 at 11:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (vfr) |
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Monday, August 21, 2023 | ||
39 | 39
![]() NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the case's reassignment, including the conference with Magistrate Judge Katharine H. Parker on September 27, 2023. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 8/21/2023) (tg) |
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Friday, August 18, 2023 | ||
notice
Notice of Case Assignment/Reassignment
Fri 08/18 11:59 AM
NOTICE OF CASE REASSIGNMENT to Judge Jessica G. L. Clarke. Judge Gregory H. Woods is no longer assigned to the case..(kgo) |
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Friday, August 11, 2023 | ||
37 | 37
![]() LETTER addressed to Magistrate Judge Katharine H. Parker from Greg Calliste Jr., Esq. dated August 11, 2023 re: Joint Letter. Document filed by Engels Coca..(Calliste, Gregory) |
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Friday, July 14, 2023 | ||
36 | 36
![]() MEMO ENDORSEMENT on re:35 Initial Report of Parties Before Pretrial Conference filed by Engels Coca. ENDORSEMENT: The Court thanks counsel for the update. By August 12, 2023, the parties shall write a joint status letter regarding progress with discovery. A case management conference is scheduled on September 27, 2023 at 3:30 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. ( Case Management Conference set for 9/27/2023 at 03:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/14/2023) (vfr) |
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Wednesday, July 12, 2023 | ||
35 | 35
![]() INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Engels Coca..(Calliste, Gregory) |
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Tuesday, June 13, 2023 | ||
33 | 33
![]() MEMO ENDORSEMENT on re:32 Initial Report of Parties Before Pretrial Conference filed by Engels Coca. ENDORSEMENT: The Court thanks the parties for the update. By July 13, 2023, the parties shall file a joint status update. A case management conference is scheduled on September 19, 2023 at 11:30 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. ( Case Management Conference set for 9/19/2023 at 11:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/13/2023) (vfr) |
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Monday, June 12, 2023 | ||
32 | 32
![]() INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Engels Coca..(Calliste, Gregory) |
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Wednesday, May 10, 2023 | ||
adr
Mediation Conference Not Held
Wed 05/10 9:05 AM
MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 5/23/2023 will not be held. Mediation Status due by 5/25/2023.(mnp) |
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adr
Mediation Conference Scheduled
Wed 05/10 9:06 AM
SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 7/6/2023 at 10:00 AM in telephone or video conference.(mnp) |
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Wednesday, May 03, 2023 | ||
adr
Mediation Conference Scheduled
Wed 05/03 3:27 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 5/23/2023 at 10:00 AM in telephone or video conference.(mnp) |
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Monday, April 17, 2023 | ||
adr
Notice of Mediator Assignment
Mon 04/17 10:50 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/17/2023.(ah) |
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Friday, April 14, 2023 | ||
31 | 31
![]() NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a INITIAL CASE MANAGEMENT CONFERENCE proceeding held on 04/11/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (nmo) |
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30 | 30
![]() TRANSCRIPT of Proceedings re: INITIAL CASE MANAGEMENT CONFERENCE held on 4/11/2023 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/5/2023. Redacted Transcript Deadline set for 5/15/2023. Release of Transcript Restriction set for 7/13/2023. (nmo) |
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Tuesday, April 11, 2023 | ||
29 | 29
![]() ORDER: On April 11, 2023, the parties appeared for an Initial Case Management Conference. After review of the pleadings and consultation with the parties, the following Scheduling Order is entered pursuant to Rule 16 of the Federal Rules of Civil Procedure: Amended Pleadings due by 6/30/2023., Fact Discovery due by 1/11/2024. By April 28, 2023, the parties shall file a proposed protective order. And as set forth herein. The parties shall file a joint status letter by Monday, June 12, 2023 updating the Court on their status with mediation and discovery. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 4/11/2023) (ama) |
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28 | 28
![]() Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker - Courtroom 17D: Initial Pretrial Conference / Case Management / Discovery / Scheduling / Status - held on 4/11/2023 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca) |
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Monday, April 10, 2023 | ||
notice
Notice (Other)
Mon 04/10 2:49 PM
NOTICE TO COUNSEL: REMINDER of The Initial Conference set for 4/11/2023 at 10:45 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Judge Katharine H. Parker re:13 Order (ca) |
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Friday, April 07, 2023 | ||
27 | 27
![]() ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 4/21/2023. (Signed by Judge Loretta A. Preska on 10/01/2015) (rpr) |
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Friday, March 31, 2023 | ||
26 | 26
![]() PROPOSED CASE MANAGEMENT PLAN. Document filed by Engels Coca..(Calliste, Gregory) |
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Tuesday, March 28, 2023 | ||
25 | 25
![]() RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 142 Mercer Street LLC, Mercer Street Hospitality, LLC..(LoPresti, Anthony) |
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24 | 24
![]() ANSWER to15 Amended Complaint,. Document filed by 142 Mercer Street LLC, Dawn Blake(In her official capacity), Dawn Blake(In her individual capacity), Dawn Doe((Last Name Unknown) in her individual capacity ), Dawn Doe((Last Name Unknown) in her official capacity ), Richard Malijan(In His Official Capacity), Richard Malijan(In His Individual Capacity), Mercer Street Hospitality, LLC, Cosette Richardson(In Her Individual Capacity), Cosette Richardson(In Her Official Capacity)..(LoPresti, Anthony) |
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Monday, February 13, 2023 | ||
23 | 23
![]() WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Engels Coca..(Calliste, Gregory) |
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22 | 22
![]() WAIVER OF SERVICE RETURNED EXECUTED. Richard Malijan(In His Official Capacity) waiver sent on 1/27/2023, answer due 3/28/2023; Richard Malijan(In His Individual Capacity) waiver sent on 1/27/2023, answer due 3/28/2023. Document filed by Engels Coca..(Calliste, Gregory) |
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21 | 21
![]() WAIVER OF SERVICE RETURNED EXECUTED. Mercer Street Hospitality, LLC waiver sent on 1/27/2023, answer due 3/28/2023. Document filed by Engels Coca..(Calliste, Gregory) |
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20 | 20
![]() WAIVER OF SERVICE RETURNED EXECUTED. 142 Mercer Street LLC waiver sent on 1/27/2023, answer due 3/28/2023. Document filed by Engels Coca..(Calliste, Gregory) |
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19 | 19
![]() WAIVER OF SERVICE RETURNED EXECUTED. Dawn Blake(In her official capacity) waiver sent on 1/27/2023, answer due 3/28/2023; Dawn Blake(In her individual capacity) waiver sent on 1/27/2023, answer due 3/28/2023. Document filed by Engels Coca..(Calliste, Gregory) |
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18 | 18
![]() WAIVER OF SERVICE RETURNED EXECUTED. Cosette Richardson(In Her Individual Capacity) waiver sent on 1/27/2023, answer due 3/28/2023; Cosette Richardson(In Her Official Capacity) waiver sent on 1/27/2023, answer due 3/28/2023. Document filed by Engels Coca..(Calliste, Gregory) |
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Tuesday, January 31, 2023 | ||
17 | 17
![]() ELECTRONIC SUMMONS ISSUED as to Dawn Blake(In her official capacity), Dawn Blake(In her individual capacity). (sj) |
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Monday, January 30, 2023 | ||
16 | 16
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Dawn Blake, in her individual and official capacities, re:15 Amended Complaint,. Document filed by Engels Coca..(Calliste, Gregory) |
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15 | 15
![]() AMENDED COMPLAINT amending1 Complaint, against 142 Mercer Street LLC, Richard Malijan(In His Official Capacity), Richard Malijan(In His Individual Capacity), Mercer Street Hospitality, LLC, Cosette Richardson(In Her Individual Capacity), Cosette Richardson(In Her Official Capacity), Dawn Blake, Dawn Blake with JURY DEMAND.Document filed by Engels Coca. Related document:1 Complaint,..(Calliste, Gregory) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Mon 01/30 1:36 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Calliste to Document No. 14 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; Dawn Blake cannot be issued a summons because they are not listed on the complaint caption title. Dawn Doe cannot be issued a summons because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. (pc) |
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Friday, January 27, 2023 | ||
14 | 14
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Dawn Blake, re:1 Complaint,. Document filed by Engels Coca..(Calliste, Gregory) |
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Wednesday, January 25, 2023 | ||
13 | 13
![]() INITIAL CASE MANAGEMENT CONFERENCE ORDER: This action is scheduled for an Initial Case Management Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure on Tuesday, April 11, 2023 at 10:45 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Counsel for the parties are directed to confer at least 21 days before the date of the Initial Case Management Conference to discuss the matters set forth in Rule 26(f) of the Federal Rules of Civil Procedure. The parties shall comply with their Rule 26(a) initial disclosure obligations no later than 14 days after the parties' Rule 26(f) conference. Parties are directed to complete the Report of Rule 26(f) Meeting and Proposed Case Management Plan, at http://nysd.uscourts.gov/judge/Parker, and file it on ECF one week before the scheduled conference. The parties shall discuss whether they consent to conduct all proceedings, including a trial, before the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(c). Plaintiff is directed to serve this order, and a copy of the complaint on the Defendants. And as set forth herein. SO ORDERED. Initial Conference set for 4/11/2023 at 10:45 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 1/25/2023) (ama) |
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Monday, January 23, 2023 | ||
12 | 12
![]() ORDER REFERRING CASE TO 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) and All such motions. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Gregory H. Woods on 1/23/2023) (rro) |
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11 | 11
![]() ELECTRONIC SUMMONS ISSUED as to Richard Malijan.(vf) |
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10 | 10
![]() ELECTRONIC SUMMONS ISSUED as to Mercer Street Hospitality, LLC. (vf) |
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9 | 9
![]() ELECTRONIC SUMMONS ISSUED as to 142 Mercer Street LLC. (vf) |
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8 | 8
![]() ELECTRONIC SUMMONS ISSUED as to Cosette Richardson.(vf) |
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misc
Notice to Attorney Regarding Party Modification
Mon 01/23 11:21 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Calliste, Jr. The party information for the following party/parties has been modified: Dawn "Doe". The information for the party/parties has been modified for the following reason/reasons: party name was entered with quotation marks; party text was omitted. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Mon 01/23 11:23 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gregory Calliste, Jr. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (vf) |
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notice
Case Opening Initial Assignment Notice
Mon 01/23 11:25 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) |
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utility
Case Designation
Mon 01/23 11:25 AM
Magistrate Judge Katharine H. Parker 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] . (vf) |
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utility
Case Designated ECF
Mon 01/23 11:25 AM
Case Designated ECF. (vf) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Mon 01/23 11:50 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Calliste, Jr to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. 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. (vf) |
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Friday, January 20, 2023 | ||
7 | 7
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Richard Malijan, In His Individual and Official Capacities, re:1 Complaint,. Document filed by Engels Coca..(Calliste, Gregory) |
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6 | 6
![]() REQUEST FOR ISSUANCE OF SUMMONS as to MERCER STREET HOSPITALITY, LLC,, re:1 Complaint,. Document filed by Engels Coca..(Calliste, Gregory) |
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5 | 5
![]() REQUEST FOR ISSUANCE OF SUMMONS as to 142 MERCER STREET LLC d/b/a LURE FISHBAR, re:1 Complaint,. Document filed by Engels Coca..(Calliste, Gregory) |
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4 | 4
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Dawn "Doe" in her individual and official capacities, re:1 Complaint,. Document filed by Engels Coca..(Calliste, Gregory) |
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3 | 3
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Cosette Richardson, in her individual and official capacities, re:1 Complaint,. Document filed by Engels Coca..(Calliste, Gregory) |
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2 | 2
![]() CIVIL COVER SHEET filed..(Calliste, Gregory) |
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1 | 1
![]() COMPLAINT against Dawn "Doe"(In Her Individual Capacity), Dawn "Doe"(In Her Official Capacity), 142 Mercer Street LLC, Richard Malijan(In His Official Capacity), Richard Malijan(In His Individual Capacity), Mercer Street Hospitality, LLC, Cosette Richardson(In Her Individual Capacity), Cosette Richardson(In Her Official Capacity). (Filing Fee $ 402.00, Receipt Number ANYSDC-27231268)Document filed by Engels Coca..(Calliste, Gregory) |