Kong v. Lindenbaum et al
| New York Eastern District Court | |
| Judge: | Ann M Donnelly |
| Case #: | 1:24-cv-04808 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Jul 11, 2024 |
| Last checked: Sunday Aug 25, 2024 5:27 AM EDT |
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Defendant
Brook Haberman
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Represented By
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Defendant
Henryka Haberman
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Represented By
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Defendant
Sinclair Haberman
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Represented By
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Defendant
Haberman & Haberman
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Represented By
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Defendant
Adam Lindenbaum
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Represented By
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Defendant
Maple A Venue LLC
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Represented By
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Defendant
Michael Pensabene
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Represented By
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Defendant
Rosenberg & Estis, P.C.
733 Third Avenue
New York, NY 10017 |
Represented By
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Plaintiff
Lingxi Kong
58 Marta Drive
Wilmington, DE 19808 |
| Docket last updated: 11 hours ago |
| Monday, August 19, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Mon 08/19 9:56 AM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (SGC) |
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utility
Case Assigned/Reassigned
Mon 08/19 11:13 AM
Case Reassigned to Judge Ann M. Donnelly and Magistrate Judge James R. Cho. Magistrate Judge James R. Cho 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 on Motion for Extension of Time to Answer
Mon 08/19 2:30 PM
ORDER granting9 Motion for Extension of Time to Answer. All Defendants shall answer move or otherwise respond to the complaint by 9/30/2024 . Any party wishing to file a dispositive motion should consult the District Judge's Individual Rules. Ordered by Magistrate Judge James R. Cho on 8/19/2024. (SGC) |
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| Friday, August 16, 2024 | ||
| 12 | 12
misc
Affidavit/Affirmation
Mon 08/19 1:08 PM
AFFIRMATION in support of11 MOTION to Compel : directing defense counsel to file a Notice of Appearance, requiring Mr. Blum to provide an explanation for the discrepancy, compelling the Haberman Defts to provide a notarized waiver and in the absence of such waiver, disqualifying Mr. Blum and Rosenberg & Estis, PC and granting such other and further relief filed by Lingxi Kong. (SG) |
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| 11 | 11
motion
Compel
Mon 08/19 1:04 PM
MOTION to Compel : directing defense counsel to file a Notice of Appearance, requiring Mr. Blum to provide an explanation for the discrepancy, compelling the Haberman Defts to provide a notarized waiver and in the absence of such waiver, disqualifying Mr. Blum and Rosenberg & Estis, PC and granting such other and further relief, filed by Lingxi Kong. (Must see document for further details) (SG) Modified on 8/19/2024 (SG) |
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| 10 | 10
respm
Response in Opposition to Motion
Mon 08/19 12:51 PM
RESPONSE in Opposition to9 MOTION for Extension of Time to File Answer or otherwise move, and to request appointment of District Judge filed by Lingxi Kong. (SG) |
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| Wednesday, August 14, 2024 | ||
| 9 | 9
motion
Extension of Time to File Answer
Wed 08/14 4:35 PM
MOTION for Extension of Time to File Answer or otherwise move, and to request appointment of District Judge by Brook Haberman, Henryka Haberman, Sinclair Haberman, Haberman & Haberman, Adam Lindenbaum, Maple A Venue LLC, Michael Pensabene, Rosenberg & Estis, P.C.. (Blum, Matthew) |
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| Sunday, July 28, 2024 | ||
| 8 | 8
service
Summons Returned Executed
Tue 07/30 11:58 AM
SUMMONS Returned Executed by Lingxi Kong. Adam Lindenbaum served on 7/24/2024, answer due 8/14/2024; Michael Pensabene served on 7/24/2024, answer due 8/14/2024; Rosenberg & Estis, P.C. served on 7/24/2024, answer due 8/14/2024. (SG) |
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| Thursday, July 18, 2024 | ||
| 7 | 7
order
Order(Other)
Thu 07/18 11:12 AM
ORDER: The Court's records reflect that the Complaint in this action was filed on July 11, 2024. Rule 4(m) of the Federal Rules of Civil Procedure provides: If a defendant is not served within 90 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Plaintiff shall have 90 days from July 11, 2024, to serve defendants and file proof of proper service with the Court. Accordingly, if proper service is not made upon defendants by October 9, 2024, or if Plaintiff fails to show good cause why such service has not been effected by that date, the action may be dismissed without prejudice. Enclosed is a copy of my individual rules, which Plaintiff and defendants are required to follow. Plaintiff is also required to advise the Clerk of Court of any change of address. Failure to keep the Court informed of Plaintiffs current addresses means the Court will not know where to contact Plaintiff and may result in dismissal of this case. For information regarding court procedures, Plaintiff may contact the Pro Se Office at the United States Courthouse by calling (718) 613-2665. Ordered by Magistrate Judge James R. Cho on 7/18/2024. (SGC) |
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| Thursday, July 11, 2024 | ||
| 6 | 6
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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| 5 | 5
2
pgs
Summons Issued as to Brook Haberman, Henryka Haberman, Sinclair Haberman, Haberman & Haberman, Adam Lindenbaum, Maple A Venue LLC, Michael Pensabene, Rosenberg & Estis, P.C.. (CV)
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| 4 | 4
MOTION for leave to allow Pro Se to Electronically File by Lingxi Kong. (CV)
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| 3 | 3
Pro Se Consent to Electronic Notification by Lingxi Kong (CV)
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| 2 | 2
FILING FEE: $ 405.00, receipt number 100015406 (CV)
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| 1 | 1
28
pgs
COMPLAINT against Brook Haberman, Henryka Haberman, Sinclair Haberman, Haberman & Haberman, Adam Lindenbaum, Maple A Venue LLC, Michael Pensabene, Rosenberg & Estis, P.C., filed by Lingxi Kong. (CV)
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Att: 1
Civil Cover Sheet
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