Dunston v. Mandelli et al

New York Eastern District Court
Judge:Brian M Cogan
Case #: 1:24-cv-07488
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause42:1201 Civil Rights (Disability)
Case Filed:Oct 26, 2024
Last checked: Friday Apr 25, 2025 5:11 AM EDT
Defendant
Smith Street Pizza Inc.
Plaintiff
Natosha Dunston
Represented By
Jennifer Elizabeth Tucek
Law Office Of Jennifer E. Tucek, PC
contact info
TERMINATED PARTIES
Defendant
Daniela Mandelli
Terminated: 02/25/2025
Defendant
Stephanie Mandelli
Terminated: 02/25/2025


Docket last updated: 1 hours ago
Friday, April 11, 2025
11 11 motion Default Judgment Fri 04/11 5:44 PM
MOTION for Default Judgment by Natosha Dunston. (Tucek, Jennifer)
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10 10 motion Default Judgment Fri 04/11 5:41 PM
MOTION for Default Judgment by Natosha Dunston. (Tucek, Jennifer)
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Att: 1 Affirmation,
Att: 2 Memorandum in Support
Thursday, April 03, 2025
9 9 order Clerks Entry of Default Thu 04/03 12:06 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Smith Street Pizza Inc. has failed to appear or otherwise defend this action, the default of defendant Smith Street Pizza Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP)
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Tuesday, April 01, 2025
8 8 misc Request for Certificate of Default Tue 04/01 6:14 AM
Request for Certificate of Default by Natosha Dunston (Tucek, Jennifer)
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Att: 1 Certificate of Service,
Att: 2 Affirmation
Friday, March 28, 2025
misc Request for Certificate of Default - Denied Fri 03/28 11:57 AM
REQUEST for Certificate of Default is denied at this time. Local Rule 55.1(a)(3) requires that a proposed Clerk's Certificate of Default be accompanied with the request. Please re-file request. re7 Request for Certificate of Default (JP)
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Friday, March 21, 2025
7 7 misc Request for Certificate of Default Fri 03/21 3:58 PM
Request for Certificate of Default by Natosha Dunston (Tucek, Jennifer)
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Att: 1 Affirmation,
Att: 2 Certificate of Service
Tuesday, February 25, 2025
misc Consent to Jurisdiction by US Magistrate Judge - Declined Tue 02/25 3:36 PM
ORDER: On February 14, 2025, the Court ordered plaintiff to show good cause in writing by February 21, 2025 why the Court should not dismiss this action against defendants Daniela Mandelli and Stephanie Mandelli pursuant to Fed. R. Civ. P. 4(m). ECF Order dated February 14, 2025. Plaintiff did not respond to the Order to show cause. The Clerk of Court is respectfully directed to assign a District Judge to preside over this case. The Court also extended defendant Smith Street Pizza Inc.'s time to respond to the complaint nunc pro tunc and ordered plaintiff to serve a copy of the Order on Smith Street Pizza and file proof of service on the docket forthwith. ECF Order dated February 14, 2025. Plaintiff failed to do so. Accordingly, the Court again extends defendant Smith Street Pizza Inc.'s time to respond to the complaint to March 7, 2025. Plaintiff shall serve a copy of this Order on Smith Street Pizza in accordance with Fed. R. Civ. P. 5 and file proof of service on the docket by February 28, 2025. Ordered by Magistrate Judge Lois Bloom on 2/25/2025. (JS)
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utility Case Assigned/Reassigned Tue 02/25 4:03 PM
Case Reassigned to Judge Brian M. Cogan. Magistrate Judge Lois Bloom no longer assigned as presider to the case. 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. (DA)
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order Order(Other) Tue 02/25 5:47 PM
ORDER. Defendants Daniela Mandelli and Stephanie Mandelli are dismissed under Rule 4(m) pursuant to the Orders of Judge Bloom entered on 2/14/2025 and 2/25/2025. If the remaining defendant does not appear on or before 3/7/2025, plaintiff shall request entry of default from the Clerk by 3/12/2025, and shall move for default judgment within 7 days of the Clerk's entry of default, failing which this action will be dismissed. Ordered by Judge Brian M. Cogan on 2/25/2025. (PW)
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Friday, February 14, 2025
order Scheduling Order Fri 02/14 11:49 AM
ORDER: Plaintiff filed the complaint in this ADA action on October 26, 2024 against defendants Daniela Mandelli, Stephanie Mandelli, and Smith Street Pizza Inc. ECF No.1 . Pursuant to Fed. R. Civ. P. 4(m), plaintiff was to serve defendants by January 24, 2025. On January 23, 2025, plaintiff filed proof of service on defendant Smith Street Pizza Inc. on January 17, 2025. ECF No.6 . However, plaintiff did not file proof of service on defendants Daniela Mandelli and Stephanie Mandelli. Plaintiff shall show good cause in writing by February 21, 2025 why the Court should not dismiss this action against defendants Daniela Mandelli and Stephanie Mandelli pursuant to Fed. R. Civ. P. 4(m). Separately, defendant Smith Street Pizza Inc. was to respond to plaintiff's complaint by February 7, 2025. Fed. R. Civ. P. 12(a)(1)(A)(i). The Court extends Smith Street Pizza's time to respond to plaintiff's complaint to February 28, 2025. Plaintiff shall serve a copy of this Order on Smith Street Pizza and file proof of service on the docket forthwith. If Smith Street Pizza does not respond to the complaint by February 28, 2025, plaintiff shall take appropriate action against Smith Street Pizza by March 4, 2025. Ordered by Magistrate Judge Lois Bloom on 2/14/2025. (JS)
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Thursday, January 23, 2025
6 6 service Summons Returned Executed Thu 01/23 2:36 PM
SUMMONS Returned Executed by Natosha Dunston. Smith Street Pizza Inc. served on 1/17/2025, answer due 2/7/2025. (Tucek, Jennifer)
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Monday, January 13, 2025
5 5 notice Notice of Change of Address/Firm/Phone/Email Mon 01/13 9:30 PM
NOTICE of Change of Street Address New Address: Law Office of Jennifer E. Tucek, PC 641 Lexington Avenue, 15th Floor New York, New York 10022 (917) 669-6991 TucekLaw@Gmail.com Once the filing has been made, you must login to www.pacer.gov and update your account. (Tucek, Jennifer)
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Monday, October 28, 2024
4 4 misc Quality Control Check - Attorney Case Opening Mon 10/28 10:03 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV)
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3 3 service Summons Issued Mon 10/28 10:02 AM
Summons Issued as to Daniela Mandelli, Stephanie Mandelli, Smith Street Pizza Inc.. (CV)
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Att: 1 Smith Street Pizza Inc.,
Att: 2 Stephanie Mandelli
2 2 notice Notice of Opportunity to Consent Mon 10/28 10:01 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.] (CV)
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utility Case Assigned/Reassigned Mon 10/28 10:00 AM
Case Assigned to Magistrate Judge Lois Bloom. 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. (CV)
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Saturday, October 26, 2024
1 1 13 pgs cmp Complaint Sat 10/26 2:53 PM
COMPLAINT against Daniela Mandelli, Stephanie Mandelli, Smith Street Pizza Inc. filing fee $ 405, receipt number ANYEDC-18430683 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Natosha Dunston. (Tucek, Jennifer)
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Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons re: DANIELA MANDELLI,
Att: 3 Proposed Summons re: STEPHANIE MANDELLI,
Att: 4 Proposed Summons re: SMITH STREET PIZZA INC.