Rodriguez v. Festival Fun Parks LLC
| New York Eastern District Court | |
| Judge: | Nusrat J Choudhury |
| Case #: | 2:24-cv-01245 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Feb 16, 2024 |
| Last checked: Thursday Aug 15, 2024 11:43 AM EDT |
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Defendant
Festival Fun Parks, LLC
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Represented By
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Plaintiff
Adreana Rodriguez
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Represented By
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GPO
Jan 27 2025
ORDER: For the reasons set forth in the attached Memorandum and Order, Defendant's Motion to Compel Arbitration (ECF No. 6) is DENIED. Ordered by Judge Nusrat J. Choudhury on 1/27/2025. (NB) |
| Docket last updated: 05/15/2025 11:59 PM EDT |
| Monday, March 31, 2025 | ||
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adr
Selection of Mediator
Mon 03/31 4:30 PM
SELECTION OF MEDIATOR Chris McDonald selected as Mediator. Date Time and Location in-person/remote: May 7, 2025 . Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (JR) |
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| Monday, March 24, 2025 | ||
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order
~Util - Set Hearings
Mon 03/24 10:12 AM
SCHEDULING ORDER: The parties are notified that any party seeking to exclude the testimony of an expert pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrill Dow Pharmaceuticals, Inc. , 509 U.S. 579 (1993) line of cases shall file a letter requesting a pre-motion conference on the anticipated motion by December 3, 2025 . See Individual Rule 5.1. The parties shall appear via Zoom for a status conference before Judge Nusrat J. Choudhury on January 8, 2026 at 1 PM . The Court will provide a Zoom invitation to parties closer to the conference date. The parties shall be prepared to discuss trial dates and the arguments set forth in any letters requesting a pre-motion conference on anticipated Daubert and dispositive motions. This Zoom conference will be a public proceeding; nonparties are welcome to attend via telephone. To receive a telephone invitation, nonparties may contact Judge Choudhury's Chambers at (631) 712-5660. The parties are directed to work with Magistrate Judge Lindsay to ensure the proper and timely filing of the joint pre-trial order and any motions in limine in accordance with the Court's Individual Rules. See Individual Rule 7. This Court will additionally hold an in-person, pre-trial conference on February 12, 2026 at 2 PM , in the Alfonse D'Amato Courthouse in Central Islip, Courtroom 1040. The parties must review and comply with the Court's Individual Rules. Ordered by Judge Nusrat J. Choudhury on 3/24/2025. (NB) |
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| Friday, March 14, 2025 | ||
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adr
Mediation Instructions
Fri 03/14 5:05 PM
MEDIATION INSTRUCTIONS: Mediation instructions for counsel are available[LINK:on the Court's website] . Counsel should select a mediator and schedule the initial mediation session with their chosen mediator. Once scheduled, counsel must file their selection using the [LINK:Selection of Mediator Form] . A list of EDNY Panel Mediators is available on the [LINK:Court's website] . EDNY Mediators are compensated in accordance with [LINK:EDNY Mediators are compensated in accordance with Local Civil Rule 83.8(f)(1)] . The Confidentiality Stipulation [LINK:in-person] or [LINK:remote] must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a [LINK:Mediation Report] to the ADR Department. (DS) |
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| Tuesday, March 11, 2025 | ||
| 24 | 24
order
Scheduling Order
Fri 03/14 4:00 PM
SCHEDULING ORDER: A Final Conference is scheduled for January 15, 2026 at 11:00 AM before Magistrate Judge Arlene R. Lindsay. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 3/11/2025. c/ecf (RI) |
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| 23 | 23
minutes
Initial Conference Hearing Scheduling Conference Settlement Conference Telephone Conference ~Util - Case Referred to Mediation
Fri 03/14 3:35 PM
Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay on 3/11/2025. The parties meeting plan was approved. A schedule will be entered under a separate Order. The matter is referred to mediation which must be completed by May 16, 2025. c/ecf (RI) |
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| 22 | 22
notice
Notice of Appearance
Tue 03/11 9:16 AM
NOTICE of Appearance by Rachel Nicole Dapeer on behalf of Adreana Rodriguez (aty to be noticed) (Dapeer, Rachel) |
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| Monday, March 10, 2025 | ||
| 21 | 21
answer
Answer to Complaint
Mon 03/10 6:28 PM
ANSWER to1 Complaint, by Festival Fun Parks, LLC. (Del Cid, Elizabeth) |
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order
Order(Other)
Mon 03/10 10:43 AM
ORDER: With respect to the conference scheduled for March 11, 2025 at 11:15 AM, the conference call instructions are as follows: The parties are directed to dial 571-353-2301 prior to the scheduled time to access the call center. At the prompt enter Meeting ID 630631729. The Host will admit all from the waiting room. If there is a delay, please remain on the line until the Host admits you as the Court may be concluding a prior call. Ordered by Magistrate Judge Arlene R. Lindsay on 3/10/2025. c/ecf (RI) |
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| Wednesday, March 05, 2025 | ||
| 20 | 20
misc
Report of Rule 26(f) Planning Meeting
Wed 03/05 2:37 PM
REPORT of Rule 26(f) Planning Meeting (Fraietta, Philip) |
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| Tuesday, February 11, 2025 | ||
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order
Order on Motion for Extension of Time to Answer
Tue 02/11 7:26 AM
ORDER granting19 Motion for Extension of Time to Answer. The time for Festival Fun Parks, LLC to answer, move against or otherwise respond to the complaint is extended until March 10, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 2/11/2025. (BJ) |
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| Monday, February 10, 2025 | ||
| 19 | 19
motion
Extension of Time to File Answer
Mon 02/10 4:17 PM
First MOTION for Extension of Time to File Answer to Plaintiffs Complaint (ECF No. 1) by Festival Fun Parks, LLC. (Del Cid, Elizabeth) |
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| Tuesday, January 28, 2025 | ||
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order
Scheduling Order
Tue 01/28 10:42 AM
SCHEDULING ORDER: An Initial Conference is scheduled for March 11, 2025 at 11:15 AM before Magistrate Judge Arlene R. Lindsay. Conference call instructions will be provided in advance of the conference date. The parties are directed to complete and file the Rule 26 Meeting Report attached to Doc.4 by March 5, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 1/28/2025. c/ecf (RI) |
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| Monday, January 27, 2025 | ||
| 18 | 18
28
pgs
order
Order on Motion to Compel
Mon 01/27 2:54 PM
ORDER: For the reasons set forth in the attached Memorandum and Order, Defendant's Motion to Compel Arbitration (ECF No.6 ) is DENIED. Ordered by Judge Nusrat J. Choudhury on 1/27/2025. (NB) |
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| Thursday, January 02, 2025 | ||
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order
Order(Other)
Thu 01/02 1:20 PM
ORDER: The Court has reviewed the affidavit Plaintiff submitted response to the Court's Order to Show Cause (ECF No.17 ). In this affidavit, Plaintiff affirms that she is a lifelong resident of New York State, is registered to vote in New York, has a New York Driver's License, has a vehicle registered in New York, homeschools her children in New York, receives food stamps from New York, pays taxes to New York, and sees doctors and a dentist in New York. ( Id. ) Plaintiff has therefore established that she is domiciled in New York and is therefore a New York citizen for the purposes of diversity jurisdiction because New York is "the place where [she] has [her] true fixed home and principal establishment, and to which, whenever [s]he is absent, [s]he has the intention of returning." Van Buskirk v. United Grp. of Cos., Inc. , 935 F.3d 49, 53 (2d Cir. 2019). The Court previously determined that, at this stage, Plaintiff has established that Defendant Festival Fun Parks LLC is a citizen of Delaware and Pennsylvania, and that Plaintiff has alleged a class of 100 or more members. ( See Elec. Order, Dec. 19, 2024; Elec. Order, Oct. 25, 2024.) Accordingly, Plaintiff has established at this stage of the litigation that the Court has jurisdiction over this action pursuant to the Class Action Fairness Act ("CAFA"), as codified in 28 U.S.C. § 1332(d). Ordered by Judge Nusrat J. Choudhury on 1/2/2025. (NB) |
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| Friday, December 27, 2024 | ||
| 17 | 17
misc
Response to Order to Show Cause
Fri 12/27 2:47 PM
RESPONSE TO ORDER TO SHOW CAUSE by Adreana Rodriguez (Fraietta, Philip) |
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| Thursday, December 19, 2024 | ||
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order
Order to Show Cause
Thu 12/19 11:17 PM
ORDER TO SHOW CAUSE: The Court has reviewed Plaintiffs' response to the Court's Order to Show Cause dated October 25, 2024, requiring that the Plaintiff demonstrate the basis for subject matter jurisdiction under the Class Action Fairness Act ("CAFA"), 28 U.S.C. § 1332(d) (ECF No. 16). For the reasons stated below, the Court finds that Plaintiff has sufficiently established that Defendant Festival Fun Parks LLC ("Defendant") is a citizen of Delaware and Pennsylvania, but requires further information to establish Plaintiff's citizenship. First, the Court's Order to Show Cause noted that the Complaint failed to allege Defendant's citizenship. Under CAFA, an "unincorporated association" is "deemed to be a citizen of the State where it has its principal place of business and the State under whose laws it is organized." 28 U.S.C. § 1332(d)(10). CAFA does not define the term "unincorporated association," and the Second Circuit has not ruled on whether the term encompasses limited liability companies ("LLCs"). Carter v. HealthPort Techs., LLC , 822 F.3d 47, 60 (2d Cir. 2016). Several other circuits, as well as district courts in the Second Circuit, however, have determined that an LLC is an unincorporated association under CAFA. See, e.g., Ferrell v. Express Check Advance of SC LLC , 591 F.3d 698, 700 (4th Cir. 2010); Siloam Springs Hotel, L.L.C. v. Century Sur. Co. , 781 F.3d 1233, 1237 n.1 (10th Cir. 2015); Erie Ins. Exchange v. Erie Indem. Co. , 722 F.3d 154, 161 (3d Cir. 2013); Davis v. HSBC Bank Nevada, N.A. , 557 F.3d 1026, 1032 n.13 (9th Cir. 2009); Harvey v. Grey Wolf Drilling Co. , 542 F.3d 1077, 1080 (5th Cir. 2008); Claridge v. N. Am. Power & Gas, LLC , No. 15-cv-1261, 2015 WL 5155934, at *1-2 (S.D.N.Y. Sept. 2, 2015). The Court adopts the reasoning of the Tenth and Fourth Circuits and finds that Defendant, as an LLC, is an unincorporated association under 28 U.S.C. § 1332(d)(10). Accordingly, because the Complaint alleges that Defendant "is a Delaware limited liability company with its principal place of business in Pittsburg, Pennsylvania," the Complaint has sufficiently alleged that Defendant is a citizen of Delaware and Pennsylvania under 28 U.S.C. § 1332(d)(10). (Compl. para. 8.) Second, the Court reconsiders its previous finding that the Complaint plausibly alleges that Plaintiff is domiciled in New York based on the sole allegation that she "at all times material hereto, was a citizen and resident of Queens, New York." (Compl. para. 7; Elec. Order, Oct. 25, 2024.) This allegation is not sufficient to establish Plaintiff's place of domicile for the purposes of diversity jurisdiction. "An individual's citizenship, within the meaning of the diversity statute, is determined by his domicile," or in other words, "the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Van Buskirk v. United Grp. of Cos., Inc. , 935 F.3d 49, 53 (2d Cir. 2019). It is well-established that allegations of "residence alone [are] insufficient to establish domicile for jurisdictional purposes." Id. at 54 ; accord RainMakers Partners LLC v. NewSpring Cap., LLC , No. 23-cv-899, 2024 WL 1846321, at *2 n.1 (2d Cir. Apr. 29, 2024) ("[A] complaint that alleges that the plaintiff and defendant are merely residents of different states has failed adequately to allege the existence of diversity jurisdiction."). In order to determine an individual's domicile, courts consider factors including: current residence; voting registration; driver's license and automobile registration; location of brokerage and bank accounts; membership in fraternal organizations, churches, and other associations; places of employment or business;... payment of taxes;... whether a person owns or rents his place of residence; the nature of the residence (i.e., how permanent the living arrangement appears);... and the location of a person's physician, lawyer, accountant, dentist, stockbroker, etc. Lever v. Lyons , No. 16-cv-5130, 2021 WL 302648, at *7 (E.D.N.Y. Jan. 28, 2021) (citations omitted); see also Lawrence Moskowitz CLU Ltd. v. ALP, Inc. , 830 F. App'x 50, 51 (2d Cir. 2020) ("[T]he determination of domicile considers factors such as voting, taxes, property, bank accounts, places of business or employment.") (citation omitted). The allegation that Plaintiff is a "citizen" of New York is conclusory and the sole factual allegation that Plaintiff is a "resident" of New York does not establish that she is domiciled in that state and is therefore a New York citizen. Van Buskirk , 935 F.3d at 53; Compl. para. 7. Accordingly, the Complaint fails to establish Plaintiff's citizenship, and thus fails to establish minimal diversity between the parties, as is required under CAFA. Blockbuster, Inc. v. Galeno , 472 F.3d 53, 56 (2d Cir. 2006); 28 U.S.C. § 1332(d)(2). By January 2, 2025 , Plaintiff must show cause in writing, through sworn affidavit, why this Court should not dismiss this action for lack of subject matter jurisdiction, without prejudice to refiling in the proper forum. Ordered by Judge Nusrat J. Choudhury on 12/19/2024. (NB) |
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| Monday, October 28, 2024 | ||
| 16 | 16
misc
Response to Order to Show Cause
Mon 10/28 11:38 AM
RESPONSE TO ORDER TO SHOW CAUSE by Adreana Rodriguez (Fraietta, Philip) |
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| Friday, October 25, 2024 | ||
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order
Order to Show Cause
Fri 10/25 6:39 PM
ORDER TO SHOW CAUSE: The Court has reviewed the Complaint (ECF No. 1) and has determined that Plaintiff has failed to establish whether this Court possesses jurisdiction pursuant to the Class Action Fairness Act ("CAFA"), as codified in 28 U.S.C. § 1332(d). This Court has an independent obligation to determine if subject matter jurisdiction exists over this case. See Joseph v. Leavitt , 465 F.3d 87, 89 (2d Cir. 2006). Jurisdiction under 28 U.S.C. § 1332(d) requires a "class action involving (1) 100 or more class members, (2) an aggregate amount in controversy of at least $5,000,000, exclusive of interest and costs, and (3) minimal diversity, i.e., where at least one plaintiff and one defendant are citizens of different states." Blockbuster, Inc. v. Galeno , 472 F.3d 53, 56 (2d Cir. 2006); 28 U.S.C. § 1332(d)(2), (5)(b), (6). The party invoking CAFA jurisdiction must allege a class of 100 or more members. 28 U.S.C. § 1332(d). Here, the Complaint alleges a class of persons who purchased tickets to Defendant's amusement park, Splish Splash (ECF No. 1 para 3) and that Defendant has sold "at least 100,000 tickets" to Splish Splash through its website. (ECF No. 1 para 4). Therefore, the Complaint has satisfied the numerical requirement of CAFA jurisdiction. Blockbuster, Inc. , 472 F.3d at 57 (finding complaint satisfied the numerical requirement where it alleged thousands of class members). The party invoking CAFA jurisdiction must show that it appears to a reasonable probability that the aggregate claims of the plaintiff class are in excess of $5 million. Blockbuster, Inc. , 472 F.3d at 58. In satisfying the reasonable probability burden, there is a rebuttable presumption that the face of the complaint is a good faith representation of the actual amount in controversy. Hart v. Rick's NY Cabaret Int'l, Inc. , 967 F. Supp. 2d 955, 961 (S.D.N.Y. 2014) (citing Colavito v. N.Y. Organ Donor Network, Inc. , 438 F.3d 214, 221 (2d Cir. 2006). Here, the Complaint alleges that the amount in controversy exceeds $5 million (ECF No. 1 para 4), which "creates a presumption that the amount in controversy requirement of CAFA has been met." Hart , 967 F. Supp. 2d at 961. The party invoking CAFA jurisdiction must show minimal diversity. 28 U.S.C. § 1332(d). "An individual's citizenship, within the meaning of the diversity statute, is determined by his domicile," or in other words, "the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Van Buskirk v. United Grp. of Cos., Inc. , 935 F.3d 49, 53 (2d Cir. 2019). As to the LLC Defendant, "the citizenship of a limited liability company is determined by the citizenship of each of its members." Carter v. HealthPort Techs., LLC , 822 F.3d 47, 60 (2d Cir. 2016). Here, the Complaint plausibly alleges that Plaintiff Adreana Rodriguez is a domiciled in New York by alleging that she "at all times material hereto, was a citizen and resident of Queens, New York." (Compl. para. 7.) The Complaint fails, however, to allege Defendant's citizenship for diversity purposes. The Complaint alleges that "Defendant Festival Fun Parks LLC d/b/a Palace Entertainment is a Delaware limited liability company with its principal place of business in Pittsburgh, Pennsylvania." (Compl. para. 8.) The Complaint fails to identify the members of Defendant LLC, let alone to provide any allegations about the citizenship of each member. Accordingly, by November 8, 2024 , Plaintiff is directed to show cause in writing why this Court should not dismiss this action without prejudice for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(h)(3). See Do No Harm v. Pfizer Inc. , 96 F.4th 106, 120-21 (2d Cir. 2024). Facts showing diversity jurisdiction must be established by sworn affidavit. Ordered by Judge Nusrat J. Choudhury on 10/25/2024. (NB) |
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| Thursday, September 26, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Thu 09/26 2:18 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (RI) |
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utility
Case Assigned/Reassigned Case Referred to Magistrate Judge
Thu 09/26 2:35 PM
Case Reassigned to Judge Nusrat Jahan Choudhury and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
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| Monday, September 23, 2024 | ||
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order
Order on Motion to Strike
Mon 09/23 5:31 PM
ORDER granting13 Motion to Strike language from Defendant's reply memorandum of law. In light of Defendant's agreement, the Court will not consider the language challenged by Plaintiff. Ordered by Magistrate Judge Arlene R. Lindsay on 9/23/2024. (BJ) |
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| Tuesday, May 28, 2024 | ||
| 15 | 15
notice
Notice of Appearance
Tue 05/28 8:09 PM
NOTICE of Appearance by Stefan Bogdanovich on behalf of Adreana Rodriguez (notification declined or already on case) (Bogdanovich, Stefan) |
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| Friday, May 17, 2024 | ||
| 14 | 14
respm
Response to Motion
Fri 05/17 9:57 PM
RESPONSE to Motion re13 Letter MOTION to Strike12 Reply in Support filed by Festival Fun Parks, LLC. (Del Cid, Elizabeth) |
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| Monday, May 13, 2024 | ||
| 13 | 13
motion
Strike
Mon 05/13 12:12 PM
Letter MOTION to Strike12 Reply in Support by Adreana Rodriguez. (Fraietta, Philip) |
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order
Order on Motion to Adjourn Conference
Mon 05/13 10:16 AM
ORDER granting11 : The May 15, 2024 conference is adjourned without date pending a decision on the to Compel Arbitration. Ordered by Magistrate Judge Arlene R. Lindsay on 5/13/2024. c/ecf (RI) |
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| Friday, May 10, 2024 | ||
| 12 | 12
respoth
Reply in Support
Fri 05/10 6:39 PM
REPLY in Support re9 Memorandum in Opposition Defendant's Motion to Compel Arbitration and Stay the Instant Action filed by Festival Fun Parks, LLC. (Del Cid, Elizabeth) |
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| 11 | 11
motion
Adjourn Conference
Fri 05/10 2:43 PM
Letter MOTION to Adjourn Conference by Festival Fun Parks, LLC. (Del Cid, Elizabeth) |
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| 10 | 10
motion
Appear Pro Hac Vice
Fri 05/10 12:17 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17862919 by Adreana Rodriguez. (Bogdanovich, Stefan) |
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Att: 1
Affidavit in Support,
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Att: 2
Certificate of Good Standing,
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Att: 3
Proposed Order
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 05/10 3:36 PM
ORDER re10 : The Motion of Stefan Bogdanovich for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Arlene R. Lindsay on 5/10/2024. c/ecf (RI) |
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| Friday, May 03, 2024 | ||
| 9 | 9
13
pgs
respoth
Memorandum in Opposition
Fri 05/03 1:42 PM
MEMORANDUM in Opposition re6 Notice of MOTION to Compel Arbitration and Stay the Instant Action filed by Adreana Rodriguez. (Fraietta, Philip) |
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| Thursday, April 18, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 04/18 10:16 AM
ORDER granting8 Motion for Extension of Time to File Response to MOTION to Compel Arbitration and Stay the Instant Action. Plaintiffs' response shall be filed no later than May 3, 2024. Ordered by Magistrate Judge Arlene R. Lindsay on 4/18/2024. (BJ) |
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| Wednesday, April 17, 2024 | ||
| 8 | 8
motion
Extension of Time to File Response/Reply
Wed 04/17 12:06 PM
MOTION for Extension of Time to File Response/Reply as to6 Notice of MOTION to Compel Arbitration and Stay the Instant Action by Adreana Rodriguez. (Fraietta, Philip) |
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| Tuesday, April 09, 2024 | ||
| 7 | 7
service
Certificate of Service
Tue 04/09 2:17 PM
CERTIFICATE OF SERVICE by Festival Fun Parks, LLC re6 Notice of MOTION to Compel Arbitration and Stay the Instant Action (Kim, Purumei) |
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| Friday, April 05, 2024 | ||
| 6 | 6
motion
Compel
Fri 04/05 9:00 PM
Notice of MOTION to Compel Arbitration and Stay the Instant Action by Festival Fun Parks, LLC. (Kim, Purumei) |
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Att: 1
Notice of Motion Oral Arguments Request,
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Att: 2
Affidavit in Support Defendant Motion to Compel
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| Friday, March 22, 2024 | ||
| 5 | 5
service
Summons Returned Executed
Fri 03/22 12:27 PM
SUMMONS Returned Executed by Adreana Rodriguez. Festival Fun Parks, LLC served on 3/15/2024, answer due 4/5/2024. (Fraietta, Philip) |
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| Thursday, February 22, 2024 | ||
| 4 | 4
order
Scheduling Order
Thu 02/22 2:36 PM
SCHEDULING ORDER: An Initial Conference is scheduled for May 15, 2024 at 11:00 AM before Magistrate Judge Arlene R. Lindsay. See the attached Order for details.Ordered by Magistrate Judge Arlene R. Lindsay on 2/22/2024. c/ecf (RI) |
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| Wednesday, February 21, 2024 | ||
| 3 | 3
service
Summons Issued
Wed 02/21 10:08 AM
Summons Issued as to Festival Fun Parks, LLC. (CL) |
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| 2 | 2
notice
Notice of Opportunity to Consent
Wed 02/21 10:05 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (CL) |
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misc
Quality Control Check - Attorney Case Opening
Wed 02/21 9:59 AM
This attorney case opening filing has been checked for quality control. (CL) |
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utility
Case Assigned/Reassigned
Wed 02/21 10:01 AM
Case Assigned to Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL) |
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| Friday, February 16, 2024 | ||
| 1 | 1
12
pgs
cmp
Complaint
Fri 02/16 5:07 PM
COMPLAINT against Festival Fun Parks LLC d/b/a Palace Entertainment filing fee $ 405, receipt number ANYEDC-17580534 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Adreana Rodriguez. (Fraietta, Philip) |
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Att: 1
Exhibit A - Division of Licensing Services Letter,
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Att: 2
Civil Cover Sheet,
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Att: 3
Proposed Summons
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