Lidestri v. Burns

New York Southern District Court
Judge:	Jennifer H Rearden
Case #:	1:25-cv-01166
Nature of Suit	320 Torts - Personal Injury - Assault, Libel, & Slander
Cause	28:1332pi Diversity-Personal Injury

Case Filed:

Feb 10, 2025

Docket
Parties (2)

Last checked: Friday Mar 28, 2025 6:12 AM EDT

Defendant Audrey Burns
Plaintiff James Lidestri	Represented By Peter E. Brill Brill Legal Group, P.C. contact info

Docket last updated: 12 hours ago

Tuesday, April 29, 2025
16		16 1 pgs order Order ~Util - Set Deadlines Tue 04/29 4:43 PM ORDER: On April 28, 2025, Defendant moved to dismiss the Complaint under Rules 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure. Pursuant to Rule 15(a)(1) (B), a plaintiff has 21 days after service of a Rule 12(b) motion to amend the complaint once as of right. Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by May 19, 2025. In accordance with Rule 1.D of the Court's Individual Rules and Practices in Civil Cases, any amended complaint should be filed with a redline showing all differences between the original and revised filing. Plaintiff will not be given any further opportunity to amend the Complaint to address issues raised by the motion to dismiss absent good cause. If Plaintiff amends, then the Court will deny the previously filed motion to dismiss asmoot. By three weeks after the amended complaint is filed, Defendant shall file an answer or a new motion to dismiss. If Defendant files a new motion to dismiss, any opposition shall be filed within 14 days. Any reply shall be filed within seven days of any opposition. If no amended complaint is filed, then Plaintiff shall file any opposition to the motion to dismiss by May 19, 2025. Defendant's reply, if any, shall be filed by May 26, 2025. SO ORDERED. (Amended Pleadings due by 5/19/2025., Replies due by 5/26/2025., Responses due by 5/19/2025) (Signed by Judge Jennifer H. Rearden on 4/29/2025) (jca) Related: [-]
Monday, April 28, 2025
15		15 motion Dismiss Mon 04/28 12:23 PM MOTION to Dismiss . Document filed by Audrey Burns..(Szalkiewicz, Daniel) Related: [-]
		Att: 1 Affidavit Daniel Szalkiewicz,
		Att: 2 Affidavit Audrey Burns,
		Att: 3 Exhibit 1. New York Times Article,
		Att: 4 Exhibit 2. New York Times Article,
		Att: 5 Exhibit 3. Jim Lidestri Press Release,
		Att: 6 Exhibit 4. Jim Lidestri Press Release,
		Att: 7 Exhibit 5. Facebook Posts,
		Att: 8 Supplement Memorandum of Law,
		Att: 9 Supplement Cover Letter to Court
Friday, March 28, 2025
14		14 notice Notice of Appearance Fri 03/28 1:04 PM NOTICE OF APPEARANCE by Daniel Simon Hahn Szalkiewicz on behalf of Audrey Burns..(Szalkiewicz, Daniel) Related: [-]
Thursday, March 27, 2025
13		13 misc Exhibit to Pleading Thu 03/27 8:14 PM EXHIBIT TO PLEADING re:10 Amended Complaint. Document filed by James Lidestri..(Brill, Peter) Related: [-]
		misc Notice to Attorney Regarding Deficient Pleading Thu 03/27 3:20 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter E. Brill to RE-FILE re: Document No. 12 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Refile using the event type Exhibit to Pleading event found under the event list Other Documents. (jgo) Related: [-]
Wednesday, March 26, 2025
12		12 cmp Amended Complaint Wed 03/26 2:43 PM FIRST AMENDED COMPLAINT amending10 Amended Complaint against Audrey Burns with JURY DEMAND.Document filed by James Lidestri. Related document:10 Amended Complaint..(Brill, Peter) Related: [-]
11		11 order 1 - Terminate Scheduling Order Deadlines Wed 03/26 1:04 PM ORDER Pursuant to Rule 1.D of the Court's Individual Rules and Practices in Civil Cases, any amended complaint must be filed with a redline showing all differences between the original and revised filing. On March 25, 2025, Plaintiff filed an amended complaint. ECF No. 10. By March 28, 2025 , Plaintiff shall file the required redline. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (all) Related: [-]
Tuesday, March 25, 2025
10		10 cmp Amended Complaint Tue 03/25 4:25 PM FIRST AMENDED COMPLAINT amending1 Complaint against Audrey Burns with JURY DEMAND.Document filed by James Lidestri. Related document:1 Complaint..(Brill, Peter) Related: [-]
Wednesday, March 19, 2025
9		9 order Memo Endorsement ~Util - Set Deadlines Wed 03/19 3:37 PM MEMO ENDORSEMENT on re:8 Response to Order to Show Cause, filed by James Lidestri, ENDORSEMENT The Court's February 21, 2025 Order to show cause concerning subject matter jurisdiction (see ECF No. 3) is satisfied. Plaintiff's request to file an amended complaint reflecting the information about the parties' citizenship provided in ECF Nos. 4 and 8 is GRANTED. Plaintiff shall amend his complaint by March 26, 2025. SO ORDERED. (Amended Pleadings due by 3/26/2025.) (Signed by Judge Jennifer H. Rearden on 3/19/2025) (jca) Related: [-]
Tuesday, March 18, 2025
8		8 respoth Response to Order to Show Cause Tue 03/18 10:44 PM RESPONSE TO ORDER TO SHOW CAUSE re:3 Order to Show Cause,,,. Document filed by James Lidestri..(Brill, Peter) Related: [-]
		Att: 1 Affidavit Declaration of Bobby Dobbs,
		Att: 2 Exhibit Exhibit 1 to Declaration,
		Att: 3 Exhibit Exhibit 2 to Declaration
Monday, March 03, 2025
7		7 service Summons Issued Mon 03/03 3:54 PM ELECTRONIC SUMMONS ISSUED as to Audrey Burns. (vf) Related: [-]
Saturday, March 01, 2025
6		6 service Request for Issuance of Summons Sat 03/01 12:50 PM REQUEST FOR ISSUANCE OF SUMMONS as to Audrey Burns, re:1 Complaint. Document filed by James Lidestri..(Brill, Peter) Related: [-]
Friday, February 28, 2025
5		5 order Memo Endorsement ~Util - Set Deadlines Fri 02/28 12:43 PM MEMO ENDORSEMENT on re:4 Response filed by James Lidestri, ENDORSEMENT Application GRANTED. Plaintiff shall complete service and finalize his response to this Court's February 21, 2025 order to show cause, see ECF No. 3, by March 21, 2025. SO ORDERED. (Show Cause Response due by 3/21/2025.) (Signed by Judge Jennifer H. Rearden on 2/28/2025) (jca) Related: [-]
Thursday, February 27, 2025
4		4 respoth Response (non-motion) Thu 02/27 8:58 PM RESPONSE re:3 Order to Show Cause,,, . Document filed by James Lidestri..(Brill, Peter) Related: [-]
		Att: 1 Affidavit Affidavit of James Lidestri,
		Att: 2 Exhibit 1 - Facebook profile of Audrey Burns
Friday, February 21, 2025
3		3 3 pgs order Order to Show Cause Fri 02/21 6:14 PM ORDER TO SHOW CAUSE Accordingly, it is hereby ORDERED that, on or before February 28, 2025, Plaintiff shall show cause in writing why this action should not be dismissed for lack of subject matter jurisdiction. Plaintiffs submission shall include an affidavit attesting to any facts relevant to the diversity analysis, including whether the parties are "citizen[s] of the United States and... domiciled within" New York and Oklahoma, respectively. Buff, 2024 WL 3638697, at *2. If, by February 28, 2025, Plaintiff fails to establish the requisite citizenship of the parties, then the Court may dismiss the case for lack of subject matter jurisdiction without further notice. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/21/2025) (jca) Related: [-]
Tuesday, February 11, 2025
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 02/11 9:32 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter E. Brill. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 320 (Assault Libel & Slander); Dollar Demand 575,000,000. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 360 (P.I.: Other); the Dollar Demand has been modified to 575,000. (vf) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 02/11 9:44 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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) Related: [-]
		utility Case Designation Tue 02/11 9:44 AM Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. 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) Related: [-]
		utility Case Designated ECF Tue 02/11 9:45 AM Case Designated ECF. (vf) Related: [-]
Monday, February 10, 2025
2		2 misc Civil Cover Sheet Mon 02/10 2:22 PM CIVIL COVER SHEET filed..(Brill, Peter) Related: [-]
1		1 10 pgs cmp Complaint Mon 02/10 2:20 PM COMPLAINT against Audrey Burns. (Filing Fee $ 405.00, Receipt Number ANYSDC-30593417)Document filed by James Lidestri..(Brill, Peter) Related: [-]

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