Cruz-Comas v. Williamsburg Medical Imaging Pc

New York Eastern District Court
Judge:Hector Gonzalez
Case #: 1:24-cv-07758
Nature of Suit442 Civil Rights - Employment
Cause28:451 Employment Discrimination
Case Filed:Nov 06, 2024
Last checked: Thursday Nov 07, 2024 1:44 AM EST
Defendant
Motty Landau
762 Bedford Avenue
Brooklyn, NY 11205
Defendant
RADIOLOGY ASSOCIATES OF BROOKLYN LLP
2021 Avenue X
Brooklyn, NY 11235
Defendant
Judy Twertsky
762 Bedford Avenue
Brooklyn, NY 11205
Defendant
WILLIAMSBURG MEDICAL IMAGING PC
762 Bedford Avenue
Brooklyn, NY 11205
Plaintiff
YVETTE CRUZ-COMAS
Represented By
Marcel Florestal
Florestal Law Firm
contact info


Docket last updated: 11/15/2024 11:59 PM EST
Thursday, November 14, 2024
10 10 service Summons Returned Executed Thu 11/14 12:55 PM
SUMMONS Returned Executed by Yvette Cruz-Comas. Radiology Associates of Brooklyn LLP served on 11/11/2024, answer due 12/2/2024. (Florestal, Marcel)
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order Order(Other) Thu 11/14 6:15 PM
ORDER: Defendant has filed proof of service with respect to Defendant Radiology Associates of Brooklyn LLP. See ECF No.10 . However, the process server's affidavit indicates that a "risk management clerk" was served. Unlike the affidavit of service concerning Defendant Williamsburg Medical Imaging, PC, ECF No.7 , the affidavit of service with respect to Radiology Associates does not indicate that the risk management clerk was authorized to accept service on behalf of the partnership. If Defendant intended for such service to be sufficient under C.P.L.R. § 310, it is defective because the Court "cannot discern what steps, if any, the process server took to conclude that the [risk management clerk] was authorized to accept service of process." See Burton v. Wells Fargo Bank, N.A. , No. 23-cv-05520, 2024 WL 3173898, at *16 (E.D.N.Y. June 26, 2024) (defective service upon a corporation); see also Dixon v. Stedman , No. 22-cv-3581, 2023 WL 2710405, at *6 (E.D.N.Y. Mar. 30, 2023) (defective service on a limited liability partnership). The Court's prior November 7, 2024, Order, remains in effect. Ordered by Judge Hector Gonzalez on 11/14/2024. (RCM)
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Wednesday, November 13, 2024
9 9 service Summons Returned Executed Wed 11/13 7:13 PM
SUMMONS Returned Executed by Yvette Cruz-Comas. Motty Landau served on 11/12/2024, answer due 12/3/2024. (Florestal, Marcel)
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8 8 service Summons Returned Executed Wed 11/13 7:12 PM
SUMMONS Returned Executed by Yvette Cruz-Comas. Judy Twertsky served on 11/12/2024, answer due 12/3/2024. (Florestal, Marcel)
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7 7 service Summons Returned Executed Wed 11/13 7:11 PM
SUMMONS Returned Executed by Yvette Cruz-Comas. Williamsburg Medical Imaging Pc served on 11/12/2024, answer due 12/3/2024. (Florestal, Marcel)
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Thursday, November 07, 2024
6 6 misc Quality Control Check - Attorney Case Opening Thu 11/07 3:32 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV)
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5 5 service Summons Issued Thu 11/07 3:29 PM
Summons Issued as to Motty Landau, Radiology Associates of Brooklyn LLP, Judy Twertsky, Williamsburg Medical Imaging Pc. (CV)
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4 4 misc Clerks Notice of Rule 73 Thu 11/07 3:27 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV)
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3 3 misc Proposed Summons/Civil Cover Sheet Thu 11/07 12:45 PM
Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet,1 Complaint,2 Proposed Summons/Civil Cover Sheet by YVETTE CRUZ-COMAS (Florestal, Marcel)
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notice Notice: Re: Incomplete Civil Cover Sheet Thu 11/07 9:28 AM
NOTICE: Incomplete Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - specifically on page 2 the NY-E Division of Business Rule 1 Question 2 (a), (b), (c )section of the document; Counsel is directed to submit a corrected Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (CV)
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utility Case Assigned/Reassigned Thu 11/07 3:25 PM
Case Assigned to Judge Hector Gonzalez. 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. (CV)
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order Status Report Order Thu 11/07 4:42 PM
ORDER: Plaintiff shall file a letter no longer than three pages on or before November 27, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 11/7/2024. (PN)
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Wednesday, November 06, 2024
2 2 misc Proposed Summons/Civil Cover Sheet Wed 11/06 9:39 PM
Proposed Summons.Civil Cover Sheet.. Re1 Complaint, by YVETTE CRUZ-COMAS (Florestal, Marcel)
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Att: 1 Proposed Summons
1 1 cmp Complaint Wed 11/06 9:29 PM
COMPLAINT against Motty Landau, RADIOLOGY ASSOCIATES OF BROOKLYN LLP, Judy Twertsky, WILLIAMSBURG MEDICAL IMAGING PC filing fee $ 405, receipt number ANYEDC-18471869 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by YVETTE CRUZ-COMAS. (Florestal, Marcel)
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