Rouse v. Elizabeth A. Luna et al
| New York Eastern District Court | |
| Judge: | Frederic Block |
| Referred: | Joseph A Marutollo |
| Case #: | 1:24-cv-00917 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:1201 Civil Rights (Disability) |
| Case Filed: | Feb 06, 2024 |
| Terminated: | Nov 12, 2024 |
| Last checked: Sunday Aug 04, 2024 5:22 AM EDT |
|
Defendant
Elizabeth A. Luna
|
|
|
Defendant
Taqueria El Fogon Corp
|
|
|
Plaintiff
Joseph Rouse
Barducci Law Firm PLLC 5 West 19 St 10th fl
New York, NY 10011 |
Represented By
|
| Docket last updated: 04/25/2025 11:59 PM EDT |
| Tuesday, November 12, 2024 | ||
| 18 | 18
notice
Notice of Voluntary Dismissal
Tue 11/12 4:04 PM
NOTICE of Voluntary Dismissal by Joseph Rouse (Barducci, Maria) |
|
|
order
Order Dismissing Case
Tue 11/12 4:07 PM
ELECTRONIC ORDER DISMISSING CASE: See entry18 . Ordered by Judge Frederic Block on 11/12/2024. (MI) |
||
| Friday, November 08, 2024 | ||
| 17 | 17
trial
Witness List Exhibit List
Fri 11/08 6:15 PM
Witness List by Joseph Rouse, Exhibit List filed by Joseph Rouse. (Barducci, Maria) |
|
|
order
Order to Show Cause
Fri 11/08 11:45 PM
ORDER TO SHOW CAUSE - Plaintiff is ordered to show cause by 5:00 p.m. on November 12, 2024 as to why this Court should not recommend dismissal of this action due to Plaintiff's failure to comply with multiple Court orders. On October 22, 2024, Plaintiff was ordered to supplement his motion to comply with the SCRA by November 8, 2024. Plaintiff failed to do so. Plaintiff was also ordered to serve a copy of the Court's October 31, 2024 order on Defendants by November 1, 2024. Plaintiff again failed to do so. Additionally, although Plaintiff filed a witness and exhibit list by the Court-ordered deadline, the witness list does not feature Plaintiff as a witness. Instead, Plaintiff intends to call counsel as a witness. Plaintiff shall explain, by 5:00 p.m. on November 12, 2024 (a) why Plaintiff is not featured on Plaintiff's witness list and (b) whether counsel is subject to disqualification if she testifies, given that, under the advocate-witness rule, an attorney generally may not represent a client in litigation if he or she is also a material witness in the case. See N.Y. R. Prof. Conduct 3.7(a) ("[a] lawyer shall not act as advocate before a tribunal in a matter in which the lawyer is likely to be a witness on a significant issue of fact," except in certain circumstances). If Plaintiff does not intend to call Plaintiff as a witness at this action, Plaintiff shall explain how the inquest hearing will proceed without Plaintiff's testimony. Plaintiff shall cite to case law in support of any assertion. Finally, by 5:00 p.m. on November 12, 2024, Plaintiff shall file all of the exhibits ("the Contemporaneous Invoices / Fee Statements" listed in Dkt. No. 17 on the docket), and shall also provide a copy to Magistrate Judge Marutollo's chambers (consistent with the Court's prior orders). Plaintiff shall serve a copy of this order on all Defendants and file proof of service by November 12, 2024. Plaintiff shall also serve a copy of the above documents on Defendants and file proof of service by November 12, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 11/8/2024. (JAM) |
||
| Thursday, October 31, 2024 | ||
|
order
Scheduling Order
Thu 10/31 9:56 PM
SCHEDULING ORDER: Due to a change in the Court's schedule, the in-person inquest hearing on Plaintiff's Motion as to damages and attorneys' fees is rescheduled to November 26, 2024, at 10:30 a.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. Plaintiff and any witnesses that Plaintiff wishes to present shall timely appear at 10:30 a.m. and shall be prepared to testify under oath. If Plaintiff, or any of Plaintiff's witnesses speak a language other than English, Plaintiff's counsel shall hire an interpreter who shall be present and prepared to proceed on November 26, 2024, at the inquest. Any interpreters must be certified -- if the particular language does not require federal certification, then the interpreter should be state certified. Plaintiff is directed to serve Defendants with a copy of this Order, and file proof of service on the docket, by November 1, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 10/31/2024. (JAM) |
||
| Wednesday, October 23, 2024 | ||
| 16 | 16
service
Affidavit of Service
Wed 10/23 2:02 PM
AFFIDAVIT of Service for Court Order served on Defendants on 10/23/2024, filed by Joseph Rouse. (Barducci, Maria) |
|
| Tuesday, October 22, 2024 | ||
|
order
Scheduling Order
Tue 10/22 1:41 PM
SCHEDULING ORDER: The Court shall hold an in-person inquest hearing on Plaintiff's Motion as to damages and attorneys' fees on November 25, 2024, at 12:00 p.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. Plaintiff and any witnesses that Plaintiff wishes to present shall timely appear at 12:00 p.m. and shall be prepared to testify under oath. If Plaintiff, or any of Plaintiff's witnesses speak a language other than English, Plaintiff's counsel shall hire an interpreter who shall be present and prepared to proceed on November 25, 2024, at the inquest. Any interpreters must be certified -- if the particular language does not require federal certification, then the interpreter should be state certified. Plaintiff shall file a list confirming the witnesses who will testify at the inquest and shall deliver pre-marked copies of any documents that will be offered into evidence to Magistrate Judge Marutollo's chambers by November 8, 2024. If Plaintiff is not prepared to proceed on November 8, 2024, Plaintiff should consider withdrawing the Motion for Default Judgment. Furthermore, by November 8, 2024, Plaintiff shall supplement the motion for default judgment with all applicable Local Civil Rules, including Local Rule 55.2, and the Servicemembers Civil Relief Act ("SCRA"), which requires a plaintiff seeking a default judgment against an individual defendant to "file with the court an affidavit stating whether or not the defendant is in military service and showing necessary facts to support the affidavit." 50 U.S.C. § 3931; see also Morales v. Los Cafetales Rest. Corp. , No. 21-CV-1868 (AMD) (RER), 2023 WL 375647, at *5 (E.D.N.Y. Jan. 3, 2023) (explaining that a movant can establish compliance with SCRA by "obtain[ing] a report certifying active-duty military status through the Servicemembers Civil Relief Act website," https://scra.dmdc.osd.mil/scra), report and recommendation adopted , 2023 WL 375642 (E.D.N.Y. Jan. 24, 2023). Plaintiff is directed to serve Defendants with a copy of this Order, and file proof of service on the docket, by October 23, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 10/22/2024. (EG) |
||
| Wednesday, October 16, 2024 | ||
| 15 | 15
11
pgs
respoth
Memorandum in Support
Wed 10/16 5:01 PM
MEMORANDUM in Support re14 MOTION for Default Judgment filed by Joseph Rouse. (Barducci, Maria) |
|
| 14 | 14
motion
Default Judgment
Wed 10/16 5:01 PM
MOTION for Default Judgment by Joseph Rouse. (Barducci, Maria) |
|
|
Att: 1
Notice of Motion Notice of Motion,
|
||
|
Att: 2
Proposed Judgment Proposed Final Judgment,
|
||
|
Att: 3
Exhibit Affidavit of Service [DE#8],
|
||
|
Att: 4
Exhibit Affidavit of Service [DE#6],
|
||
|
Att: 5
Exhibit Clerk Certificate [DE11],
|
||
|
Att: 6
Exhibit Clerk Certificate [DE#13]
|
||
|
order
Order Referring Motion
Wed 10/16 5:20 PM
ELECTRONIC ORDER REFERRING: Plaintiff's motion14 for a default judgment against defendants Elizabeth A. Luna and Taqueria El Fogon Corp. to MJ Marutollo to hold an inquest or hearing to determine both liability and damages and then issue a report and recommendation. Ordered by Judge Frederic Block on 10/16/2024. Motions referred to Joseph A. Marutollo. (MI) |
||
| Friday, September 13, 2024 | ||
|
order
Scheduling Order
Fri 09/13 11:05 AM
SCHEDULING ORDER: The Clerk of Court noted the default of defendant Taqueria El Fogon Corp. on August 21, 2024 and defendant Elizabeth A. Luna on September 3, 2024. By October 16, 2024 plaintiff shall serve and file a motion seeking a default judgement against both defendants and pursuant to the Federal Rules of Civil Procedure and the Court's Local Rules. The motion shall contain proof of service. Ordered by Judge Frederic Block on 9/13/2024. (MI) |
||
| Tuesday, September 03, 2024 | ||
| 13 | 13
order
Clerks Entry of Default
Tue 09/03 9:35 AM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Elizabeth A. Luna has failed to appear or otherwise defend this action, the default of defendant Elizabeth A. Luna is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
|
| Friday, August 30, 2024 | ||
| 12 | 12
misc
Request for Certificate of Default
Fri 08/30 9:07 AM
Request for Certificate of Default by Joseph Rouse (Barducci, Maria) |
|
|
Att: 1
Proposed Order Proposed Clerk Certificate for Default
|
||
| Wednesday, August 21, 2024 | ||
| 11 | 11
order
Clerks Entry of Default
Wed 08/21 10:37 AM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Taqueria El Fogon Corp has failed to appear or otherwise defend this action, the default of defendant Taqueria El Fogon Corp is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
|
| Friday, August 16, 2024 | ||
| 10 | 10
misc
Request for Certificate of Default
Fri 08/16 1:25 PM
Request for Certificate of Default by Joseph Rouse (Barducci, Maria) |
|
|
Att: 1
Proposed Order Proposed Clerk's Certificate
|
||
| Monday, August 12, 2024 | ||
| 9 | 9
misc
Status Report
Mon 08/12 1:58 PM
STATUS REPORT by Joseph Rouse (Barducci, Maria) |
|
|
order
~Util - Set Deadlines
Mon 08/12 3:57 PM
ORDER - Plaintiff shall seek a certificate of default by August 30, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 8/12/2024. (EG) |
||
| Wednesday, July 31, 2024 | ||
| 8 | 8
service
Summons Returned Executed
Wed 07/31 2:49 PM
SUMMONS Returned Executed by Joseph Rouse. Elizabeth A. Luna served on 7/29/2024, answer due 8/19/2024. (Barducci, Maria) |
|
| Thursday, July 25, 2024 | ||
| 7 | 7
misc
Status Report
Thu 07/25 4:23 PM
STATUS REPORT by Joseph Rouse (Barducci, Maria) |
|
|
order
Status Report Order
Thu 07/25 5:52 PM
STATUS REPORT ORDER - Plaintiff shall file a status report by August 13, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 7/25/2024. (JAM) |
||
| Monday, July 08, 2024 | ||
|
order
Status Report Order
Mon 07/08 1:14 PM
STATUS REPORT ORDER: The Complaint was filed on February 6, 2024 and the summons was returned executed on February 20, 20024. Upon review of the docket there has been no activity in this case since February 20, 2024. By July 24, 2024 plaintiff shall file a letter reporting on the status of this litigation. Failure to comply with this electronic order may result in this case being dismissed for failure to prosecute. Ordered by Judge Frederic Block on 7/8/2024. (MI) |
||
|
utility
Add and Terminate Judges
Mon 07/08 1:57 PM
Magistrate Judge Joseph A. Marutollo randomly assigned and added. (MB) |
||
| Tuesday, February 20, 2024 | ||
| 6 | 6
service
Summons Returned Executed
Tue 02/20 10:27 AM
SUMMONS Returned Executed by Joseph Rouse. Taqueria El Fogon Corp served on 2/16/2024, answer due 3/8/2024. (Barducci, Maria) |
|
| Tuesday, February 06, 2024 | ||
| 5 | 5
service
Summons Issued
Tue 02/06 3:42 PM
Summons Issued as to Elizabeth A. Luna, Taqueria El Fogon Corp. (CV) |
|
|
Att: 1
Proposed Summons
|
||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Tue 02/06 3:41 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
|
| 3 | 3
notice
Notice of Opportunity to Consent
Tue 02/06 3:40 PM
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) |
|
| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Tue 02/06 3:03 PM
Proposed Summons. Re1 Complaint, by Joseph Rouse (Barducci, Maria) |
|
|
Att: 1
Proposed Summons Proposed Summons
|
||
| 1 | 1
cmp
Complaint
Tue 02/06 3:00 PM
COMPLAINT against Elizabeth A. Luna, Taqueria El Fogon Corp filing fee $ 405, receipt number ANYEDC-17541997 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Joseph Rouse. (Barducci, Maria) |
|
|
Att: 1
Civil Cover Sheet Civil Cover
|
||