ZAIRE v. BROOKS et al
| New Jersey District Court | |
| Judge: | Claire C Cecchi |
| Referred: | Jose R Almonte |
| Case #: | 2:24-cv-00939 |
| Nature of Suit | 443 Civil Rights - Housing/Accommodations |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Feb 20, 2024 |
| Terminated: | Jan 31, 2025 |
| Last checked: Sunday Aug 18, 2024 5:20 AM EDT |
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Defendant
JAMES BROOKS
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Represented By
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Defendant
ARMONDO B FONTOURO
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Defendant
ERIC S HAUSMAN
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Represented By
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Defendant
STEVEN A VARANO P.C.
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Represented By
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Plaintiff
NAQUEEN UNIQUE ZAIRE
Office of Executrix PO BOX 122
WEST ORANGE, NJ 07052 |
| Docket last updated: 05/26/2025 11:59 PM EDT |
| Thursday, May 22, 2025 | ||
| 44 | 44
respm
Response in Opposition to Motion
Fri 05/23 4:54 PM
PLAINTIFF'S ANSWER IN OPPOSITION TO THE EVICTION DEFENDANTS'MOTION TO DISMISS filed by NAQUEEN UNIQUE ZAIRE (sm) |
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Att: 1
Opposition to State,
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Att: 2
Opposition to Banks,
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Att: 3
Opposition to Bonanni,
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Att: 4
Letter in Equity,
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Att: 5
Certificate of Service 5/7,
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Att: 6
Certificate of Service 5/16
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| Friday, May 16, 2025 | ||
| 43 | 43
8
pgs
respm
Memorandum in Support of Motion
Fri 05/16 4:07 PM
MEMORANDUM in Support filed by Wilmington Savings Fund, FSB, not in its private capacity but solely as Trustee for Verus Securitization Trust 2019-INV3, Verus Securitization Trust 2019-INV3, Baron Silverstein, Newrez LLC d/b/a Shellpoint Mortgage Servicing, VMC REO, LLC re31 MOTION to Dismiss (MILLER, ASHLEY) |
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Att: 1
Exhibit Exhibit G,
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Att: 2
Certificate of Service
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| Thursday, May 15, 2025 | ||
| 42 | 42
misc
Corporate Disclosure Statement (aty)
Thu 05/15 2:32 PM
Corporate Disclosure Statement by VMC REO, LLC identifying VMC REO, LLC as Corporate Parent..(MILLER, ASHLEY) |
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Att: 1
Affidavit Affidavit of Service
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| 41 | 41
misc
Corporate Disclosure Statement (aty)
Thu 05/15 2:28 PM
Corporate Disclosure Statement by WILMINGTON SAVINGS FUND, FSB, VERUS SECURITIZATION TRUST 2019-INV3, VMC REO, LLC identifying WILMINGTON SAVINGS FUND, FSB as Corporate Parent..(MILLER, ASHLEY) |
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Att: 1
Affidavit Affidavit of Service
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| Monday, May 05, 2025 | ||
| 40 | 40
misc
Corporate Disclosure Statement (aty)
Mon 05/05 1:17 PM
Corporate Disclosure Statement by NEWREZ LLC identifying Newrez LLC d/b/a Shellpoint Mortgage Servicing as Corporate Parent..(MILLER, ASHLEY) |
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Att: 1
Affidavit Affidavit of Service
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| Friday, May 02, 2025 | ||
| 39 | 39
misc
Letter
Fri 05/02 4:07 PM
Letter from Robert W. Williams, Esq.. (WILLIAMS, ROBERT) |
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| 38 | 38
motion
Dismiss
Fri 05/02 3:30 PM
MOTION to Dismiss by ANTONIO G BONANNI. Responses due by 6/2/2025.(WILLIAMS, ROBERT) |
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Att: 1
Certificate of Service,
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Att: 2
Text of Proposed Order
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| 37 | 37
notice
Notice of Appearance
Fri 05/02 3:24 PM
NOTICE of Appearance by ROBERT WINFIELD WILLIAMS on behalf of ANTONIO G BONANNI(WILLIAMS, ROBERT) |
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Att: 1
Certificate of Service
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Fri 05/02 4:28 PM
Set Deadlines as to38 MOTION to Dismiss . Motion set for 6/2/2025 before Judge Claire C. Cecchi. 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. (pm, ) |
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| Thursday, May 01, 2025 | ||
| 36 | 36
notice
Notice of Appearance
Thu 05/01 1:05 PM
NOTICE of Appearance by ASHLEY SPARROW MILLER on behalf of Wilmington Savings Fund, FSB, not in its private capacity but solely as Trustee for Verus Securitization Trust 2019-INV3, Verus Securitization Trust 2019-INV3, Baron Silverstein, Newrez LLC d/b/a Shellpoint Mortgage Servicing, VMC REO, LLC(MILLER, ASHLEY) |
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Att: 1
Affidavit Affidavit of Service
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Thu 05/01 9:33 AM
Set Deadlines as to35 First MOTION to Dismiss Second Amended Complaint . Motion set for 6/2/2025 before Judge Claire C. Cecchi. 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. (mxw, ) |
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| Wednesday, April 30, 2025 | ||
| 35 | 35
motion
Dismiss
Wed 04/30 8:22 PM
First MOTION to Dismiss Second Amended Complaint by JAMES BROOKS, ERIC S HAUSMAN, STEVEN A VARANO P.C..(VARANO, STEVEN) |
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Att: 1
Certificate of Service
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| Tuesday, April 29, 2025 | ||
| 34 | 34
order
Text Order
Tue 04/29 8:54 PM
TEXT ORDER: The Court may stay discovery as an exercise of its inherent authority to manage its docket. See L.Civ.R. 16.1(a)(1) (discovery may be stayed by the Magistrate Judge "due to pendency of a dispositive or other motion"); Gerald Chamales Corp. v. Oki Data Americas, Inc., 247 F.R.D. 453, 454 (D.N.J. 2007) (Magistrate Judges have broad discretion to manage their docket and to decide discovery issues, including whether to stay discovery pending a decision on a dispositive motion). Therefore, discovery is stayed pending resolution of the dispositive motions filed at ECF Nos.31 and32 . So Ordered by Magistrate Judge Jose R. Almonte on 4/29/2025. (akw, ) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Tue 04/29 9:58 AM
Set Deadlines as to31 MOTION to Dismiss ,32 First MOTION to Dismiss Plaintiff's Amended Complaint . Motion set for 6/2/2025 before Judge Claire C. Cecchi. 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. (mj) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Tue 04/29 10:46 AM
Set Deadlines as to32 First MOTION to Dismiss Plaintiff's Amended Complaint . Motion set for 6/2/2025 before Judge Claire C. Cecchi. 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. (pm, ) |
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| Monday, April 28, 2025 | ||
| 33 | 33
misc
Exhibit (to Document)
Mon 04/28 5:13 PM
Exhibit to32 Motion to Dismiss, (Proposed Order) by JODI LEE ALPER, MICHELLE SMITH. (SCHUSTER, KENNETH) |
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| 32 | 32
motion
Dismiss
Mon 04/28 4:43 PM
First MOTION to Dismiss Plaintiff's Amended Complaint by JODI LEE ALPER, MICHELLE SMITH.(SCHUSTER, KENNETH) |
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Att: 1
Brief Brief,
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Att: 2
Certification Certification of Counsel,
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Att: 3
Index Exhibits A-G,
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Att: 4
Certificate of Service Cert. of Service
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| 31 | 31
motion
Dismiss
Mon 04/28 3:14 PM
MOTION to Dismiss by WILMINGTON SAVINGS FUND, FSB, NOT IN ITS PRIVATE CAPACITY BUT SOLELY AS TRUSTEE FOR VERUS SECURITIZATION TRUST 2019-INV3, BARON SILVERSTEIN, Verus Securitization Trust 2019-INV3, Newrez LLC d/b/a Shellpoint Mortgage Servicing, VMC REO, LLC. Responses due by 5/27/2025.(NG, JAMES) |
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Att: 1
Declaration,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Memorandum Memorandum of Law,
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Att: 9
Text of Proposed Order Proposed Order,
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Att: 10
Certificate of Service Certificate of Service
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| 30 | 30
notice
Notice of Appearance
Mon 04/28 1:56 PM
NOTICE of Appearance by JAMES NG on behalf of VERUS SECURIZATION TRUST 2019-INV3, VMC REO LLC, WILMINGTON SAVINGS FUND FSB, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, BARON SILVERSTEIN (NG, JAMES) |
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| Friday, March 28, 2025 | ||
| 29 | 29
service
Waiver of Service Executed
Fri 03/28 5:09 PM
WAIVER OF SERVICE Returned Executed by MICHELLE SMITH. (SCHUSTER, KENNETH) |
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| 28 | 28
service
Waiver of Service Unexecuted Waiver of Service Executed
Fri 03/28 5:08 PM
Waiver of Service Returned Unexecuted, filed by JODI LEE ALPER., WAIVER OF SERVICE Returned Executed by JODI LEE ALPER. (SCHUSTER, KENNETH) |
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| 27 | 27
notice
Notice of Appearance
Fri 03/28 4:44 PM
NOTICE of Appearance by KENNETH ROBERT SCHUSTER, JR on behalf of JODI LEE ALPER, MICHELLE SMITH (SCHUSTER, KENNETH) |
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| Friday, March 21, 2025 | ||
| 26 | 26
service
Waiver of Service Executed
Fri 03/21 4:03 PM
WAIVER OF SERVICE Returned Executed by WILMINGTON SAVINGS FUND FSB, VMC REO LLC, VERUS SECURIZATION TRUST 2019-INV3, BARON SILVERSTEIN, NEWREZ LLC. WILMINGTON SAVINGS FUND FSB waiver sent on 2/27/2025, answer due 4/28/2025; VMC REO LLC waiver sent on 2/27/2025, answer due 4/28/2025; VERUS SECURIZATION TRUST 2019-INV3 waiver sent on 2/27/2025, answer due 4/28/2025; BARON SILVERSTEIN waiver sent on 2/27/2025, answer due 4/28/2025; NEWREZ LLC waiver sent on 2/27/2025, answer due 4/28/2025. (NG, JAMES) |
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| Tuesday, March 04, 2025 | ||
| 25 | 25
cmp
Amended Complaint
Thu 03/06 3:45 PM
AMENDED COMPLAINT against JODI LEE ALPER, ANTONIO G BONANNI, JAMES BROOKS, ARMONDO B FONTOURO, ERIC S HAUSMAN, NEWREZ LLC, BARON SILVERSTEIN, MICHELLE SMITH, STEVEN A VARANO P.C., VERUS SECURIZATION TRUST 2019-INV3, VMC REO LLC, WILMINGTON SAVINGS FUND FSB, filed by NAQUEEN UNIQUE ZAIRE.(wh) |
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Att: 1
Annexes,
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Att: 2
Envelope
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| Friday, January 31, 2025 | ||
| 24 | 24
7
pgs
order
Order on Motion to Dismiss/Lack of Jurisdiction
Fri 01/31 4:42 PM
ORDER granting Defendants'16 Motion to Dismiss and dismissing Plaintiff's7 First Amended Complaint without prejudice. Plaintiff shall have thirty (30) days from entry of this Order to submit an amended complaint that addresses the deficiencies identified in this Order. The Clerk of Court is directed to close this case. ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 1/31/2025. (wh) |
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| Thursday, January 02, 2025 | ||
| 23 | 23
misc
Substitution of Attorney
Thu 01/02 4:54 PM
Substitution of Attorney - Attorney JUSTYNA EISENBARDT terminated. Attorney STEVEN A. VARANO for JAMES BROOKS,STEVEN A. VARANO for ERIC S HAUSMAN,STEVEN A. VARANO for STEVEN A VARANO P.C. added.. (VARANO, STEVEN) |
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| Monday, August 26, 2024 | ||
| 22 | 22
misc
Letter
Mon 08/26 3:09 PM
Letter to Chief Judge Bumb from NAQUEEN UNIQUE ZAIRE.(wh) |
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Att: 1
Envelope
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| Wednesday, August 21, 2024 | ||
| 21 | 21
order
Order on Motion to Vacate Order on Motion for Miscellaneous Relief
Thu 08/22 11:15 AM
TEXT ORDER: The Court has discretion to manage its docket. See Gerald Chamales Corp. v. Oki Data Americas, Inc., 247 F.R.D. 453, 454 (D.N.J. 2007) ("It is... well-settled that Magistrate Judges have broad discretion to manage their docket...."). It appears to the Court that it would be more judicially efficient to decide Defendants' pending motion to dismiss at ECF No.16 prior to deciding Plaintiff's Motion to Vacate State Court Judgement, ECF No.19 , and Plaintiff's Motion for Replevin, ECF No.20 . Therefore, the motions at ECF No.19 and20 are administratively terminated. If this case is not dismissed following a decision on the Motion to Dismiss, Plaintiff may refile a new notice of motion to reactive ECF Nos.19 and20 . Signed by Magistrate Judge Jose R. Almonte on 8/21/2024. (akw, ) |
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| Monday, July 29, 2024 | ||
| 20 | 20
motion
Miscellaneous Relief
Mon 07/29 3:16 PM
Emergency MOTION for Replevin, by NAQUEEN UNIQUE ZAIRE. (ECF Help Desk E-mail)(wh) |
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| 19 | 19
motion
Vacate
Mon 07/29 3:13 PM
MOTION to Vacate State Court Judgment and for Declaratory Relief, by NAQUEEN UNIQUE ZAIRE. (ECF Help Desk E-mail)(wh) |
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| 18 | 18
misc
Letter
Mon 07/29 3:10 PM
Cover Letter to Judge Cecchi from NAQUEEN UNIQUE ZAIRE re: Motions and consolidation. (ECF Help Desk E-mail)(wh) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Mon 07/29 3:19 PM
Set Deadlines as to20 MOTION for Replevin,19 MOTION to Vacate State Court Judgment and for Declaratory Relief. Motions set for 9/3/2024 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, these motions 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. (wh) |
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| Thursday, July 18, 2024 | ||
| 17 | 17
misc
Letter
Fri 07/19 11:34 AM
PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS from NAQUEEN ZAIRE. (ECF Help Desk) (lag, ) |
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| Monday, July 01, 2024 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Mon 07/01 9:41 AM
Set Deadlines as to16 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Motion set for 8/5/2024 before Judge Claire C. Cecchi. 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. (wh) |
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| Friday, June 28, 2024 | ||
| 16 | 16
motion
Dismiss/Lack of Jurisdiction
Fri 06/28 4:31 PM
MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by JAMES BROOKS, ERIC S HAUSMAN, STEVEN A VARANO P.C..(EISENBARDT, JUSTYNA) |
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Att: 1
Brief,
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Att: 2
Certification,
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Att: 3
Text of Proposed Order
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| Thursday, June 13, 2024 | ||
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utility
Update Answer Due Deadline
Thu 06/13 9:17 AM
Clerk`s Text Order - The document15 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by ERIC S HAUSMAN, STEVEN A VARANO P.C. has been GRANTED. The answer due date has been set for 6/28/2024. (wh) |
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| Wednesday, June 12, 2024 | ||
| 15 | 15
misc
Application for Clerk Order to Ext Answer/Proposed Order
Wed 06/12 6:22 PM
Application and Proposed Order for Clerk's Order to extend time to answer Attorney JUSTYNA EISENBARDT for ERIC S HAUSMAN,JUSTYNA EISENBARDT for STEVEN A VARANO P.C. added.(EISENBARDT, JUSTYNA) |
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Att: 1
Text of Proposed Order Proposed Order,
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Att: 2
Certificate of Service Certification of Service
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| Tuesday, May 28, 2024 | ||
| 14 | 14
service
Certificate of Service
Wed 05/29 10:31 AM
CERTIFICATE OF MAILING of the Complaint, Summons and Proposed Temporary Protective Order, by NAQUEEN UNIQUE ZAIRE. (ECF Help Desk E-mail)(wh) |
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| Monday, May 13, 2024 | ||
| 13 | 13
service
Request for Waiver of Service
Wed 05/15 4:20 PM
REQUEST FOR WAIVER of Service sent to STEVEN A. VARANO and ARMONDO B. FONTOURO by NAQUEEN UNIQUE ZAIRE.(wh) |
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Att: 1
Envelope
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| Wednesday, May 08, 2024 | ||
| 12 | 12
order
Order
Wed 05/08 3:13 PM
TEXT ORDER - The Court is in receipt of Plaintiff's letter dated May 2, 2024. Plaintiff is directed to serve Defendants with such letter request for a temporary protective order (ECF No. 11) and the Amended Complaint (ECF No. 7). So Ordered by Judge Claire C. Cecchi on 5/8/2024. (jl, ) |
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| Thursday, May 02, 2024 | ||
| 11 | 11
misc
Letter
Fri 05/03 3:34 PM
Letter to Judge Cecchi with Proposed Temporary Protective Order, from NAQUEEN UNIQUE ZAIRE. (ECF Help Desk E-mail)(wh) |
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| 10 | 10
notice
Notice (Other)
Fri 05/03 3:31 PM
Consent to Receive Notices Electronically by NAQUEEN UNIQUE ZAIRE. (ECF Help Desk E-mail)(wh) |
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| Wednesday, March 27, 2024 | ||
| 9 | 9
service
Summons Issued
Wed 03/27 9:55 AM
AMENDED SUMMONS ISSUED as to JAMES BROOKS, ARMONDO B FONTOURO, ERIC S HAUSMAN, STEVEN A VARANO P.C.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (wh) |
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| 8 | 8
service
Summons Issued
Wed 03/27 9:44 AM
SUMMONS ISSUED as to JAMES BROOKS, ARMONDO B FONTOURO, ERIC S HAUSMAN, STEVEN A VARANO P.C.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (wh) |
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qc
QC - Incorrect Entry made by Clerk's Office Staff
Wed 03/27 10:01 AM
CLERK'S QUALITY CONTROL MESSAGE - Please note the8 SUMMONS ISSUED filed by the Clerk's office on 3/27/2024 was docketed in error. Please disregard. The Clerk's Office has filed the corrected SUMMONS ON AMENDED COMPLAINT, see9 AMENDED SUMMONS ISSUED, which shall remain the operative Summons and are being mailed to Plaintiff. (wh) |
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| Monday, March 25, 2024 | ||
| 7 | 7
cmp
Amended Complaint
Wed 03/27 9:43 AM
AMENDED COMPLAINT against JAMES BROOKS, ARMONDO B FONTOURO, ERIC S HAUSMAN, STEVEN A VARANO P.C., filed by NAQUEEN UNIQUE ZAIRE.(ECF Help Desk E-mail)(wh) |
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| 6 | 6
misc
Letter
Wed 03/27 9:37 AM
Letter from NAQUEEN UNIQUE ZAIRE regarding the status of the requested injunction. (ECF Help Desk E-mail)(wh) |
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| Tuesday, March 05, 2024 | ||
| 5 | 5
order
Order
Tue 03/05 1:42 PM
TEXT ORDER - The Court has reviewed Plaintiff's pending motion for a preliminary injunction, which appeared moot at the time Plaintiff paid the required filing fee on February 22, 2024. ECF No. 2. Plaintiff's complaint indicates that an eviction was to occur on February 21, 2024. ECF No. 1. Plaintiff shall serve the complaint and motion for preliminary injunction on Defendants within 14 days of the date of this Order. Thereafter, Plaintiff shall provide the Court, within 30 days of the date of this Order, with an update as to whether the eviction took place on February 21, 2024. Plaintiff's motion for preliminary injunction shall be administratively terminated pending a status update from Plaintiff. So Ordered by Judge Claire C. Cecchi on 3/5/2024. (mailed to pro se) (jl, ) |
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| Thursday, February 22, 2024 | ||
| 4 | 4
misc
Letter: Filing Fee or IFP due
Thu 02/22 9:05 AM
Clerk's Letter: Complaint not accompanied by the filing fee or application to proceed in forma pauperis. (mj) |
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misc
Filing Fee Received
Thu 02/22 3:39 PM
Filing fee: $405.00, receipt number NEW4976. (ps) |
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| Tuesday, February 20, 2024 | ||
| 3 | 3
notice
Notice of Guidelines for Pro Se Filers
Thu 02/22 9:04 AM
Notice of Guidelines for Appearing Pro Se (mj) |
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| 2 | 2
motion
Preliminary Injunction
Thu 02/22 9:03 AM
MOTION for Preliminary Injunction by NAQUEEN UNIQUE ZAIRE. (mj) |
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| 1 | 1
service
Complaint Received
Thu 02/22 9:01 AM
Complaint Received. (mj) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit
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