Fenton v. Sam Ash Music Corporation

New York Eastern District Court
Judge:Lois Bloom
Case #: 1:24-cv-07268
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1983 Civil Rights
Case Filed:Oct 11, 2024
Last checked: Wednesday Apr 09, 2025 5:09 AM EDT
Defendant
Sam Ash Music Corporation
Plaintiff
Taylor Fenton
12602 Locost Manor Lane, 6E
Jamaica, NY 11434


Docket last updated: 04/24/2025 11:59 PM EDT
Friday, February 28, 2025
10 10 service Summons Issued Fri 02/28 1:36 PM
AMENDED Summons Issued as to Sam Ash Music Corporation c/o Corporation Service Company. (SG)
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Thursday, February 27, 2025
9 9 order Scheduling Order Thu 02/27 4:13 PM
ORDER: On October 22, 2024, the Court ordered the United States Marshals Service ("USMS") to serve the summons and complaint on defendant Sam Ash Music Group at 278 Duffy Avenue, Hicksville, NY 11801. ECF No.4 . The summons was returned as executed on December 4, 2024 with the notations "278B," "Esvaldo," and "loading dock." ECF No.6 . On January 2, 2025, without deciding whether the USMS properly served defendant, the Court extended defendant's time to respond to the complaint until January 29, 2025, and directed the Clerk of Court to mail the Court's Order and plaintiff's complaint to defendant at three different addresses. Defendant has still not responded to plaintiff's complaint. The Court notes that the New York Department of State's website lists Sam Ash Music Corporation as an active domestic business corporation with a principal executive office address at 278 Duffy Avenue, Hicksville, NY 11801 the address that plaintiff's complaint provides for defendant. The Department of State's website also lists Corporation Service Company as the registered agent for service of process on Sam Ash Music Corporation at 80 State Street, Albany, NY 12207. The Department of State's website does not list "Sam Ash Music Stores" or "Sam Ash Music Group" as registered business entities in New York. In light of this, the Court construes plaintiff's complaint as naming Sam Ash Music Corporation as a defendant in place of Sam Ash Music Group. Accordingly, the Clerk of Court is respectfully directed to amend the docket and issue an amended summons for Sam Ash Music Corporation, care of Corporation Service Company, at 80 State Street, Albany, NY 12207. The USMS is directed to serve the summons and complaint on defendant without prepayment of fees and file proof of service on the docket by April 11, 2025. See attached Order . Ordered by Magistrate Judge Lois Bloom on 2/27/2025. (JS)
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Friday, January 31, 2025
8 8 misc Mail Returned Mon 02/03 10:23 AM
Mail Returned as Undeliverable, "Return to Sender, Attempted - NOt Known, Unable to Forward." Order dated 1/2/2025 and Copy of Complaint previously sent to Sam Ash (Forest Hills). (SG)
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Thursday, January 02, 2025
7 7 order Scheduling Order Thu 01/02 5:54 PM
ORDER: On October 22, 2024, the Court ordered the United States Marshals Service ("USMS") to serve the summons and complaint on defendant Sam Ash Music Group. ECF No.4 . The summons was returned executed on December 4, 2024 with the notation that "Esvaldo" was served and "loading dock." ECF No.6 . Without deciding whether the USMS properly served defendant, the Court notes that defendant's response to plaintiff's complaint was due December 26, 2024. Fed. R. Civ. P. 12. The Court sua sponte extends defendant's time to respond. Defendant shall respond to plaintiff's complaint by January 29, 2025. The Clerk of Court is respectfully directed to mail a copy of this Order and plaintiff's complaint at ECF No. 1 to defendant at the address identified in plaintiff's complaint, 278 Duffy Ave, Hicksville, NY 11801, as well as the address of plaintiff's place of employment: Sam Ash (Forest Hills), 113-25 Queens Blvd, Queens, NY 11375. Finally, the Court notes that plaintiff's EEOC Right to Sue letter reflects that defendant was represented by attorney Shevonne S. Greene of Jackson Lewis at the EEOC. ECF No. 1 at 8-9. Accordingly, the Clerk of Court is also respectfully directed to mail a copy of this Order to Ms. Greene at the address listed in plaintiff's EEOC Right to Sue letter: 666 3rd Ave Fl 28, New York, NY 10017. See attached Order . Ordered by Magistrate Judge Lois Bloom on 1/2/2025. (JS)
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Friday, December 27, 2024
6 6 service Summons Returned Executed Fri 12/27 9:19 AM
SUMMONS Returned Executed by Taylor Fenton. Sam Ash Music Group served on 12/4/2024, answer due 12/25/2024. (VRM)
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Wednesday, October 23, 2024
5 5 service Summons Issued Wed 10/23 3:53 PM
Summons Issued as to Sam Ash Music Group. (VRM)
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Tuesday, October 22, 2024
4 4 2 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Tue 10/22 4:12 PM
ORDER: Plaintiff's application to proceed in forma pauperis under 28 U.S.C. § 1915 is granted. ECF No.2 . The Clerk of Court is respectfully directed to issue the summons, and the United States Marshals Service is directed to serve the summons, complaint, and a copy of this Order upon the named defendant without prepayment of fees. See attached Order . Ordered by Magistrate Judge Lois Bloom on 10/22/2024. (JS)
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Friday, October 11, 2024
3 3 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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2 2 MOTION for Leave to Proceed in forma pauperis by Taylor Fenton. (CV)
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1 1 COMPLAINT against Sam Ash Music Group, filed by Taylor Fenton. (CV)
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Att: 1 Civil Cover Sheet