Tasciotti et al v. Haffmans et al

New York Northern District Court
Judge:	David N Hurd
Referred:	Therese Wiley Dancks
Case #:	1:22-cv-00238
Nature of Suit	446 Civil Rights - Amer w/Disabilities - Other
Cause	42:12101 American Disabilities Act

Case Filed:	Mar 11, 2022
Terminated:	Jun 02, 2022

Last checked: Wednesday Sep 07, 2022 5:18 AM EDT

Defendant Gloria Sun Yun Trust
Defendant Edmund V. Haffmans Landlord/Seller of R.E. 425 County Rt. 2 Accord, NY 12404
Defendant Jane Doe
Defendant John Doe
Defendant Gloria Sun Jung Yun
Plaintiff John Dermgrdichian P.O. Box 180 Kerhonkson, NY 12446
Plaintiff Peter E. Tasciotti 134 David Drive Poughkeepsie, NY 12601

	GPO Mar 30 2022 REPORT-RECOMMENDATION AND ORDER: It is hereby ORDERED that Plaintiffs' #2 and # 3 IFP Applications are GRANTED solely for purposes of initial review; and it is further ORDERED that Plaintiffs must submit any address changes to the Court, in writing, and must continue to do so while this action is pending; failure to notify the Court of a change of address in accordance with L.R. 10.1(c)(2) may result in the dismissal of this action; and it is further RECOMMENDED that Plaintiffs' # 1 complaint be DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND, and it is further ORDERED that the Clerk provide Plaintiffs with a copy of this Order and Report-Recommendation. ( Objections to R&R due by 4/13/2022, Case Review Deadline 4/18/2022). Signed by Magistrate Judge Therese Wiley Dancks on 3/30/2022. {Copy served upon pro se Plaintiffs via regular mail}(pjh, )
	GPO Apr 22 2022 ORDER ON REPORT & RECOMMENDATION: It is hereby ORDERED that the # 6 Report and Recommendation is ACCEPTED; and it is further ORDERED that Plaintiff's complaint is DISMISSED with leave with amend; and it is further ORDERED that Plaintiffs shall have thirty days from the date of this Order in which to amend their pleading in accordance with the instructions set forth in Judge Dancks's Report & Recommendation and this Order; and it is further ORDERED that if plaintiffs do not file an amended complaint within this thirty-day period, the Clerk of the Court shall enter a judgment accordingly and close the file without further Order of this Court. Signed by Judge David N. Hurd on 4/22/2022. {Copy served upon pro se Plaintiffs via regular mail}(pjh, )
	GPO Jun 01 2022 REPORT-RECOMMENDATION and ORDER: It is hereby RECOMMENDED that Plaintiffs # 19 amended complaint be DISMISSED WITHOUT PREJUDICE AND WITHOUT FURTHER LEAVE TO AMEND, and it is further RECOMMENDED that Plaintiffs' #24 motion be DENIED AS MOOT, and it is further ORDERED that the Clerk shall file a copy of this Order and Report-Recommendation on Plaintiffs, along with copies of the unpublished decisions cited herein in accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam).( Objections to R&R due by 6/15/2022, Case Review Deadline 6/21/2022). Signed by Magistrate Judge Therese Wiley Dancks on 6/1/2022. {Copy served upon pro se Plaintiffs via regular mail}(pjh, )

Docket last updated: 9 hours ago

Thursday, June 02, 2022
31		31 2 pgs order Order Dismissing Case Thu 06/02 4:55 PM ORDER ON VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(l)(A)(i). Signed by Judge David N. Hurd on 6/2/2022. (Served on pro se plaintiffs by regular mail to: Peter E. Tasciotti 134 David Drive Poughkeepsie, NY 12601, John Dermgrdichian P.O. Box 180 Kerhonkson, NY 12446, Edmund V. Haffmans 425 County Rt. 2 Accord, NY 12404 ) (ptm) Related: [-]
30		30 notice Notice of Voluntary Dismissal Thu 06/02 2:27 PM NOTICE of Voluntary Dismissal by John Dermgrdichian and Peter E. Tasciotti, Pro Se.(pjh, ) Related: [-]
		Att: 1 Envelope
29		29 notice Notice - Other Thu 06/02 2:26 PM ANSWER to Haffmans' Letter filed by John Dermgrdichian and Peter E. Tasciotti, Pro Se regarding the #26 Affidavit.(pjh, ) Related: [-]
		Att: 1 Envelope
Wednesday, June 01, 2022
28		28 motion Report and Recommendations Order Wed 06/01 3:24 PM REPORT-RECOMMENDATION and ORDER: It is hereby RECOMMENDED that Plaintiffs #19 amended complaint be DISMISSED WITHOUT PREJUDICE AND WITHOUT FURTHER LEAVE TO AMEND, and it is further RECOMMENDED that Plaintiffs' #24 motion be DENIED AS MOOT, and it is further ORDERED that the Clerk shall file a copy of this Order and Report-Recommendation on Plaintiffs, along with copies of the unpublished decisions cited herein in accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam).( Objections to R&R due by 6/15/2022, Case Review Deadline 6/21/2022). Signed by Magistrate Judge Therese Wiley Dancks on 6/1/2022. {Copy served upon pro se Plaintiffs via regular mail}(pjh, ) Related: [-]
		order Order Wed 06/01 9:43 AM TEXT ORDER TO STRIKE: Court has reviewed Dkt. Nos.12 and26 filed by defendant Haffmans, and Dkt. No.25 filed by plaintiffs to address Dkt. No.12 . The proposed amended complaint (Dkt. No.19 ) is under review pursuant to 28 USC Section 1915. Therefore, there is no operative pleading pending at this time. As such, none of the defendants have been properly served with summonses or an operative complaint or amended complaint. Therefore, no filings are required by any defendants at this time and none will be accepted by the Court at this time. The Clerk is directed to strike Dkt. Nos. 12, 25, and 26 from the docket. No further filings will be accepted from any party or proposed party at this time until the Court has issued its decision on the sufficiency of the amended complaint under 28 USC Section 1915. Any filings that defy this directive will be summarily stricken from the docket. The Clerk is directed to serve a copy of this Text Order on the pro se plaintiffs as well as defendant Haffmans. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/1/2022. (A copy of this Text Order has been served on pro se party(ies) and defendant Haffmans via regular mail.)(sg) Related: [-]
Friday, May 27, 2022
26		26 misc Affidavit Fri 05/27 2:22 PM AFFIDAVIT OF FACTS by Edmund V. Haffmans, Pro Se. (pjh, ) Related: [-]
Thursday, May 26, 2022
25		25 notice Notice - Other Fri 05/27 9:53 AM OBJECTION IN RESPONSE filed by John Dermgrdichian and Peter E. Tasciottito to the #12 Letter/ Affidavit filed by Edmund V. Haffmans. (pjh, ) Related: [-]
Wednesday, May 25, 2022
24		24 motion Miscellaneous/Other Relief Thu 05/26 8:58 AM MOTION for Leave to Add to Statement of Claim in Complaint Proclaiming Constitutional Subject Matter Jurisdiction filed by John Dermgrdichian and Peter E. Tasciotti. Motions referred to Magistrate Judge Therese Wiley Dancks. (pjh, ) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Envelope
		order Order on Motion for Miscellaneous Relief Wed 05/25 4:42 PM TEXT ORDER: Court reviewed the "Interested Party Motion for Leave to Add Plaintiff" filed by non-party Michelle Bishop who also indicates she is appearing on behalf of her "young children." (Dkt. No.22 .) To the extent Bishop asks to be joined as a party, that motion is denied at this time without prejudice. Initially, the Court notes that the amended complaint (Dkt. No.19 ) is being reviewed for sufficiency pursuant to 28 USC Section 1915. The Court also notes that the motion is not proper since it seeks to add party plaintiffs and does not provide a proposed amended complaint. Further, a pro se individual who is not an attorney cannot represent other persons including the individual's children. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/25/2022. (Copy served via regular mail on pro se plaintiffs and non party Michelle Anne Bishop)(sg) Related: [-]
Tuesday, May 24, 2022
22		22 motion Miscellaneous/Other Relief Tue 05/24 3:45 PM MOTION for Leave to Add Plaintiff filed by Interested Party, Michelle Anne Bishop, Pro Se. Motions referred to Magistrate Judge Therese Wiley Dancks. (pjh, ) Related: [-]
Friday, May 20, 2022
21		21 misc Affidavit Fri 05/20 4:32 PM AFFIDAVIT IN SUPPORT OF ORDER TO SHOW CAUSE by Peter E. Tasciotti, Pro Se. (pjh, ) Related: [-]
		order Order Fri 05/20 11:04 AM TEXT ORDER : Court has received Plaintiffs' notice of change of address (Dkt. No.17 ) wherein they request that their addresses be redacted from the public without providing any good cause reason for the request. As such, the request is denied without prejudice at this time. The Court also received an amended complaint which it will review for sufficiency pursuant to 28 USC Section 1915 and issue a decision in due course. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/20/2022. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg ) Related: [-]
Wednesday, May 18, 2022
19		19 cmp Amended Complaint Thu 05/19 10:36 AM AMENDED COMPLAINT WITH JURY DEMAND against Gloria Sun Yun Trust, Edmund V. Haffmans and Gloria Sun Jung Yun filed by Peter E. Tasciotti and John Dermgrdichian, Pro Se.(pjh, ) Related: [-]
		Att: 1 Envelope
18		18 misc Pro Se Handbook and Notice Issued Thu 05/19 10:27 AM PRO SE NOTICE returned executed as to Peter E. Tasciotti. (pjh, ) Related: [-]
		Att: 1 Envelope
17		17 notice Notice of Change of Address Thu 05/19 10:24 AM NOTICE of Change of Address by John Dermgrdichian and Peter E. Tasciotti Effective Date 5/18/2022 Old Address: 130 Cedar Drive Kerhonkson, NY 12446. New Address for John Dermgrdichian: P.O. Box 180, Kerhonkson, NY 12446. New Address for Peter E. Tasciotti: 134 David Drive, Poughkeepsie, NY 12601. (pjh, ) (pjh, ) Related: [-]
		Att: 1 (5/19/2022) Envelope
Monday, May 16, 2022
16		16 misc Mail Returned Mon 05/16 2:05 PM Mail Returned as Undeliverable. The # 14 TEXT Order was sent to John Dermgrdichian, 130 Cedar Drive, Kerhonkson, NY 12446. Envelope marked Return to Sender. Not Deliverable as Addressed. Unable to Forward. (pjh, ) Related: [-]
Monday, May 09, 2022
15		15 misc Mail Returned Mon 05/09 2:00 PM Mail Returned as Undeliverable. The #10 Order on Report and Recommendations was sent to John Dermgrdichian, 130 Cedar Drive, Kerhonkson, NY 12446. Envelope marked Return to Sender. Not Deliverable as Addresses. Unable to Forward. (pjh, ) Related: [-]
Tuesday, May 03, 2022
		order Order Tue 05/03 4:46 PM TEXT ORDER: Court reviewed docket and notes that there is no operative pleading pending at this time. (See Dkt. Nos.6 ,10 .) As such, none of the defendants have been served with a complaint and no answer is due by any of the defendants. Therefore, the Clerk is directed to correct Dkt. No.12 which is a letter/affidavit, not an answer. Per District Judge Hurd's Order (Dkt. No. 10), the plaintiffs have thirty days from 4/22/2022 to amend their pleading in accordance with Judge Hurd's Order. No response from any of the defendants is due at this time. The Court will make further directives as necessary if the plaintiffs timely file an amended complaint as directed.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/3/2022. (A copy of this Text Order has been served on Edmund Haffmans, and on pro se plaintiffs via regular mail.)(sg) Related: [-]
Monday, May 02, 2022
13		13 misc Pro Se Handbook and Notice Issued Mon 05/02 2:38 PM PRO SE HANDBOOK and NOTICE issued and sent to Edmund V. Haffmans with a copy of the Local Rules and Pro Se Assistance Program Pamphlet. (pjh, ) Related: [-]
12		12 answer Answer to Complaint Mon 05/02 2:25 PM ANSWER to the #1 Complaint by Edmund V. Haffmans, Pro Se.(pjh, ) Related: [-]
Friday, April 22, 2022
11		11 misc Mail Returned Fri 04/22 2:45 PM Mail Returned as Undeliverable. The #6 Order and Report and Recommendation was sent to John Dermgrdichian, 130 Cedar Drive, Kerhonkson, NY 12446. Envelope marked Return to Sender. No Mail Receptacle. Unable to Forward. (pjh, ) Related: [-]
10		10 3 pgs order Order on Report and Recommendations Fri 04/22 1:53 PM ORDER ON REPORT & RECOMMENDATION: It is hereby ORDERED that the #6 Report and Recommendation is ACCEPTED; and it is further ORDERED that Plaintiff's complaint is DISMISSED with leave with amend; and it is further ORDERED that Plaintiffs shall have thirty days from the date of this Order in which to amend their pleading in accordance with the instructions set forth in Judge Dancks's Report & Recommendation and this Order; and it is further ORDERED that if plaintiffs do not file an amended complaint within this thirty-day period, the Clerk of the Court shall enter a judgment accordingly and close the file without further Order of this Court. Signed by Judge David N. Hurd on 4/22/2022. {Copy served upon pro se Plaintiffs via regular mail}(pjh, ) Related: [-]
Thursday, April 21, 2022
9		9 notice Notice - Other Thu 04/21 1:08 PM TIMELINE OF HARM AND INJURY by John Dermgrdichian and Peter E. Tasciotti, Pro Ses. Addendum to the #1 Complaint. (pjh, ) Related: [-]
Friday, April 15, 2022
8		8 respoth Objection to Report and Recommendations Fri 04/15 4:22 PM OBJECTION to6 Report-Recommendation and Order by Peter E. Tasciotti and John Dermgrdichian. (ztc, ) Related: [-]
Monday, April 11, 2022
7		7 misc Mail Returned Mon 04/11 4:19 PM Mail Returned as Undeliverable. The #4 Pro Se Handbook and Notice Issued sent to John Dermgrdichian, 130 Cedar Drive, Kerhonkson, NY 12446. Envelope marked Return to Sender. Unable to Forward. Return to Sender. (pjh, ) Related: [-]
Wednesday, March 30, 2022
6		6 motion Report and Recommendations Order ~Util - Terminate Motions Wed 03/30 8:43 AM REPORT-RECOMMENDATION AND ORDER: It is hereby ORDERED that Plaintiffs' #2 and #3 IFP Applications are GRANTED solely for purposes of initial review; and it is further ORDERED that Plaintiffs must submit any address changes to the Court, in writing, and must continue to do so while this action is pending; failure to notify the Court of a change of address in accordance with L.R. 10.1(c)(2) may result in the dismissal of this action; and it is further RECOMMENDED that Plaintiffs' #1 complaint be DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND, and it is further ORDERED that the Clerk provide Plaintiffs with a copy of this Order and Report-Recommendation. ( Objections to R&R due by 4/13/2022, Case Review Deadline 4/18/2022). Signed by Magistrate Judge Therese Wiley Dancks on 3/30/2022. {Copy served upon pro se Plaintiffs via regular mail}(pjh, ) Related: [-]
Thursday, March 24, 2022
5		5 misc Mail Returned Thu 03/24 2:41 PM Mail Returned as Undeliverable. The Text Notice Regarding John Doe Defendant was sent to John Dermgrdichian and Peter E. Tasciotti, 130 Cedar Drive, Kerhonkson, NY 12446. Envelope marked Return to Sender. No Mail Receptacle. Unable to Forward. (pjh, ) Related: [-]
Friday, March 11, 2022
4		4 misc Pro Se Handbook and Notice Issued Fri 03/11 5:10 PM PRO SE HANDBOOK, LOCAL RULES and PRO SE NOTICE issued via regular mail on 3/11/2022 to John Dermgrdichian and Peter E. Tasciotti. (map) Related: [-]
		Att: 1 Pro Se Notice Issued on John Dermgrdichian
3		3 motion Proceed In Forma Pauperis Fri 03/11 5:05 PM MOTION for Leave to Proceed in forma pauperis filed by John Dermgrdichian. Motions referred to U.S. Magistrate Judge Therese Wiley Dancks. (map) Related: [-]
2		2 motion Proceed In Forma Pauperis Fri 03/11 5:04 PM MOTION for Leave to Proceed in forma pauperis filed by Peter E. Tasciotti. Motions referred to U.S. Magistrate Judge Therese Wiley Dancks. (map) Related: [-]
1		1 cmp Complaint Fri 03/11 5:02 PM COMPLAINT WITH JURY DEMAND against Gloria Sun Yun Trust, Edmund V. Haffmans, Jane Doe, John Doe, Gloria Sun Jung Yun filed by Peter E. Tasciotti, John Dermgrdichian.(map) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Mailing Envelope
		notice Text Notice Regarding John Doe Defendant (Text-Only) Fri 03/11 5:07 PM TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. [Text Notice Served on Pro Se Plaintiffs Peter E. Tasciotti and John Dermgrdichian by regular mail on 3/11/2022] (map, ) Related: [-]

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