Lopez v. The YWCA of North East New York et al
| New York Northern District Court | |
| Judge: | Brenda K Sannes |
| Referred: | US Magistrate Judg Paul J Evangelista |
| Case #: | 1:24-cv-01516 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12101 American Disabilities Act |
| Case Filed: | Dec 12, 2024 |
| Last checked: Sunday Jan 26, 2025 3:51 AM EST |
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Defendant
Ahmed Alloush
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Defendant
Yunis Alloush
3666 Carman Road
Schenectady, NY 12303 |
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Defendant
Zakarya Alloush
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Defendant
Jean Doe 1-20
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Defendant
Tamara Rayne
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Represented By
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Defendant
Kimberly Siciliano
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Represented By
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Defendant
The YWCA of North East New York
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Represented By
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Plaintiff
Mariah Lopez
121 Park Place Apartment 2F
Schenectady, NY 12305 |
GPO
Feb 27 2025
nda K. Sannes on 2/27/2025. (Copy served upon pro se plaintiff via regular mail.) (nmk) (Additional attachment(s) added on 2/27/2025: # (1) Unpublished Case Law Cited) Order and Case law sent to all pro se parties. (nmk)MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Plaintiff's motion for leave to proceed IFP (Dkt. No. 2) is GRANTED. It is further ORDERED that Plaintiff's (1) claims of constitutional violation under 42 U.S.C. § 1983 and the New York State constitution; (2) conspiracy claim under 42 U.S.C. § 1985; (3) ADA claims against Defendants Ahmed Alloush and Yunis Alloush; (4) race and religion-based claims under the FHA and NYSHRL; (5) claims under Article 7 of the New York Real Property Actions and Proceedings Law; and (6) claims against Defendant Jean Doe 1-20 are DISMISSED without prejudice to repleading. It is further ORDERED that Plaintiff's claim for monetary damages under Title III of the ADA; Plaintiff's Rehabilitation Act claims against Siciliano, Rayne, Ahmed Alloush, and Yunis Alloush; and Plaintiff's ADA retaliation claims against Siciliano, Rayne, Ahmed Alloush, and Yunis Alloush are DISMISSED with prejudice. It is further ORDERED that the Clerk shall issue summonses for Defendants YWCA, Siciliano, Rayne, Ahmed Alloush, and Yunis Alloush and forward the summonses, along with copies of the Amended Complaint, (Dkt. No. 23), and this Memorandum-Decision and Order, to the United States Marshal for service upon Defendants. Defendants shall file a response to the Amended Complaint as provided for in Rule 12 of the Federal Rules of Civil Procedure. It is further ORDERED that any amended complaint, as discussed herein, must be filed within thirty (30) days of the filing of this Memorandum-Decision and Order. It is further ORDERED that, if Plaintiff timely files an amended complaint, this matter be referred to Magistrate Judge Evangelista for review. Signed by Chief Judge Bre |
| Docket last updated: 2 hours ago |
| Thursday, May 08, 2025 | ||
| 95 | 95
order
Order on Letter Request
Thu 05/08 1:28 PM
TEXT ORDER: A Status Conference was held in this matter on May 8, 2025. During the sealed conference the parties advised the Court as to their positions on pending motions. Accordingly, the Court grants the83 Letter Motion from Mariah Lopez to rescind CM/ECF filing privileges and allow her MFT filings to proceed with the addition that all documents filed through MFT by pro se Plaintiff Mariah Lopez will be considered as served on the defendants once filed on the docket by the clerk's office. Additionally, pro se Plaintiff Lopez will continue to receive notification of filings via the CM/ECF system through the email provided and currently on the docket. Finally,91 Letter Motion from pro se Defendant Yunis Alloush is denied insofar as it is premature. Requests for extensions or deadlines can be made after the review and decision regarding the92 Signed Second Amended Complaint. All remaining motions that are pending before the court will be decided in due course. IT IS SO ORDERED. Authorized by Magistrate Judge Paul J. Evangelista on 5/8/2025. (Copy served via regular mail) (egr) |
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minutes
Status Conference ~Util - Terminate Motions
Thu 05/08 12:54 PM
TEXT Minute Entry for a Status Conference held on May 8, 2025 via Teams before U.S. Magistrate Judge Paul J. Evangelista: Multiple requests from non-parties to join the status conference were received, the court categorizes the scheduled status conference as an "in chambers" non-public conference, and denies the request to attend by non-parties. Out of an abundance of caution the court hears from the parties regarding the sealing of the conference and the proceeding is ordered sealed due to the sensitive nature of conference and reasons further indicated on the record. The sealing, as such, also precludes non-parties from attendance. Parties proceed to discuss outstanding matters and a subsequent Text Order pertaining to the issues discussed will be entered. Appearances: Mariah Lopez, pro se Plaintiff, Joseph DiPalma, Esq. for YWCA defendants, Yunish Alloush, pro se Defendant. Court Reporter: Jodi Hibbard. Time: 9:32 AM - 10:19 AM. (egr) |
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| Tuesday, May 06, 2025 | ||
| 94 | 94
notice
Notice of Hearing
Tue 05/06 3:48 PM
COURT NOTICE of Hearing: A Status Conference has now been set for Thursday, 5/8/2025 @ 9:30 AM before Magistrate Judge Paul J. Evangelista. This conference will be conducted remotely, by Microsoft TEAMS video and the court will provide a TEAMS connection link to all participants, prior to the conference. (tab)(Pro Se parties served via email communication from Chambers on 5/6/2025) |
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misc
Clerk Correction of Docket Entry
Tue 05/06 9:08 AM
CLERK'S CORRECTION OF DOCKET ENTRY re #92 Second Amended Complaint. Clerk Erroneously entered docket title. Clerk has corrected the docket title to reflect that it is a Signed Second Amended Complaint. (mmg) |
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notice
Notice - Other
Tue 05/06 3:29 PM
Clerk notes that a courtesy copy of the #85 Letter Motion has been received in the Albany Clerk's office via regular mail from Counsel Jackson Lewis. (mmg) |
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| Monday, May 05, 2025 | ||
| 93 | 93
notice
Notice - Other
Tue 05/06 8:58 AM
Supplemental Letter by Mariah Lopez re #90 Letter Motion requesting A phone conference as soon as possible, and disqualify Joseph DiPalma and Sean King as Defense Counsel submitted to Judge Paul J. Evangelista. Filed over the counter in the Albany Clerk's Office. (mmg) |
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| 92 | 92
cmp
Amended Complaint
Tue 05/06 8:55 AM
SIGNED SECOND AMENDED COMPLAINT against Ahmed Alloush, Yunis Alloush, Zakarya Alloush, Jean Doe 1-20, Tamara Rayne, Kimberly Siciliano, The YWCA of North East New York filed by Mariah Lopez. Filed over the counter in the Albany Clerk's Office.(mmg). Modified on 5/6/2025 to correct Docket text. (mmg) |
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| Sunday, May 04, 2025 | ||
| 91 | 91
motion
Letter Request/Motion
Mon 05/05 9:11 AM
Letter Motion from Yunis Alloush requesting 10 days after a sua Sponte review of the Second Amended Complaint or the Courts Decision on a timely filed and served Pre-Answer Motion to Dismiss, to file and serve their answer. Submitted to Judge Paul J. Evangelista. Filed Via MFT. (mmg) |
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| Friday, May 02, 2025 | ||
| 90 | 90
motion
Letter Request/Motion
Mon 05/05 8:38 AM
Letter Motion for Mariah Lopez requesting A phone conference as soon as possible, and disqualify Joseph DiPalma and Sean King as Defense Counsel submitted to Judge Paul J. Evangelista. Filed via MFT. (mmg) |
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| 89 | 89
5
pgs
order
Order on Letter Request
Fri 05/02 4:41 PM
DECISION & ORDER: It is hereby ORDERED, that plaintiff's letter requests for an emergency conference, DKT. No.80 ,82 are DENIED. Signed by Magistrate Judge Paul J. Evangelista on 5/2/2025. (Copy served via regular mail to Pro Se Plaintiff and Pro Se Defendant.)(mmg) |
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| 88 | 88
cmp
Amended Complaint
Fri 05/02 4:29 PM
SECOND AMENDED COMPLAINT against Ahmed Alloush, Yunis Alloush, Tamara Rayne, Kimberly Siciliano, The YWCA of North East New York filed by Mariah Lopez via MFT.(mmg) |
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Att: 1
Second Amended Complaint Cover Letter
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| Thursday, May 01, 2025 | ||
| 87 | 87
order
Order on Letter Request
Thu 05/01 4:37 PM
TEXT ORDER: The court has received Plaintiff's84 Letter requesting permission to bring at least one electronic device into the Albany courthouse "while [she] is conducting business in this case, especially settlement negotiations." General Order #26 prohibits individuals other than court officials and officers of the court engaged in the conduct of court business from bringing any cameras, video cameras, recording equipment, dictaphones, pagers, smart phones, personal data assistance (PDA's), tablet devices and computers into courtrooms. These devices are prohibited except with permission of the court. There is no currently scheduled settlement conference or court appearance and Plaintiff's general request to bring an electronic device into the Albany courthouse is DENIED. In the event Plaintiff needs to bring an electronic device into the courthouse for a specific settlement conference or proceeding, she may make a separate application to the court specifying what device is needed, the date and time of the proceeding, and why the device is needed for the proceeding. SO ORDERED by Chief Judge Brenda K. Sannes on 5/1/2025. (nmk) Copy served upon pro se defendant via regular mail. (nmk) |
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| 86 | 86
respm
Response to Motion
Thu 05/01 4:03 PM
RESPONSE to Motion re #85 Letter Request/Motion, filed by Mariah Lopez. Filed via MFT. (mmg) |
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| 85 | 85
motion
Letter Request/Motion
Thu 05/01 2:08 PM
Letter Motion from Joseph J. DiPalma for Tamara Rayne, Kimberly Siciliano, The YWCA of North East New York submitted to Judge Evangelista . (DiPalma, Joseph) |
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misc
Docket Annotation
Thu 05/01 1:54 PM
Clerk's Office received 1 video file containing digital media via MFT - Exhibit to the #82 Emergency Motion Not available for public viewing. (mmg) |
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