Gumenick v. Adams

New York Southern District Court
Judge:	Margaret M Garnett
Case #:	1:25-cv-00209
Nature of Suit	370 Torts - Personal Property - Other Fraud
Cause	18:1030 Fraud & Related Activity in Connection with Computers

Case Filed:	Jan 09, 2025
Terminated:	Jan 15, 2025

Docket
Parties (2)

Last checked: Thursday Jan 09, 2025 6:08 PM EST

All Defendants Joshua Adams
All Plaintiffs Robert Jay Gumenick Plaintiff The Gumenick Law Firm, P.C. 37 Terrace Place NEW YORK NEW YORK, NY 11218	Represented By Robert J. Gumenick Robert J. Gumenick contact info

Docket last updated: 01/17/2025 11:59 PM EST

Wednesday, January 15, 2025
19		19 order Notice of Voluntary Dismissal - Signed ~Util - Add and Terminate Parties Wed 01/15 12:45 PM NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) Robert Gumenick and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Joshua Adams. SO ORDERED. The Clerk of Court is respectfully directed to terminate all appearances and deadlines and CLOSE this case. Joshua Adams terminated. (Signed by Judge Margaret M. Garnett on 1/15/2025) (mml) Related: [-]
		misc Notice to Court Regarding Voluntary Dismissal Wed 01/15 11:04 AM ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 18 Notice of Voluntary Dismissal, was reviewed and referred to Judge Margaret M. Garnett for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Pro Se case;. (nd) Related: [-]
Tuesday, January 14, 2025
18		18 notice Notice of Voluntary Dismissal Tue 01/14 5:46 PM NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Joshua Adams. Document filed by Robert J. Gumenick. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Gumenick, Robert) Related: [-]
Monday, January 13, 2025
17		17 2 pgs order Order on Motion for Extension of Time to File Mon 01/13 5:14 PM ORDER denying15 Letter Motion for Extension of Time to File. DENIED. As the Clerk of Court indicated in its Notice to Attorney Regarding Deficient Request for Issuance of Summons, service of summons and complaint must be made pursuant to the requirements of Fed R. Civ. P. 4. In its issuance of the Order to Show Cause with Temporary Restraining Order, see Dkt No. 11, the Court permitted service of the documents submitted in support of Plaintiff's motion for a preliminary injunction by e-mail and by certified mail, but that does not absolve Plaintiff of the requirements of Fed. R. Civ. P. 4 for proper service of the summons and complaint which establishes personal jurisdiction over the Defendant Service by e-mail alone is facially insufficient under the Rules and only granted in rare circumstances where the defendant is located in a foreign country and plaintiff has established that all other methods of service have failed. See Fed. R. Civ. P. 4(f) (3); see also, e.g., Kelly Toys Holdings, LLC. v. Top Dep't Store, No. 22 CIV. 558 (PAE), 2022 WL 3701216, at *9 (S.D.N.Y. Aug. 26, 2022). Plaintiff did not move for alternative service nor establish that Defendant is located in a foreign jurisdiction, and Plaintiff's allegations that he has been unable to locate a personal or business address for Defendant are insufficient for the Court to dissolve the clear requirements of Fed. R. Civ. P. 4. As Plaintiff is an attorney, the Court directs him to review the Federal Rules of Civil Procedure regarding service on individuals and respectfully suggests he hire a process server to the extent Defendant does not waive service or he is unable to otherwise comply with required service procedures. Furthermore, Plaintiff is respectfully notified that the undersigned is Judge Margaret M. Garnett, District Judge for the Southern District of New York, and not Judge Sherilyn P. Garnett of the Central District of California. Finally, Plaintiff is advised that the Show Cause Hearing is scheduled for January 24, 2025 at 2:00 PM, not January 13, 2025 as he states in this correspondence. See Dkt No. 11. SO ORDERED. (Signed by Judge Margaret M. Garnett on 1/13/2025) (mml) Related: [-]
16		16 service Summons Issued Mon 01/13 3:55 PM ELECTRONIC SUMMONS ISSUED as to Joshua Adams..(gp) Related: [-]
Sunday, January 12, 2025
15		15 motion Extension of Time to File Document Sun 01/12 3:03 PM LETTER MOTION for Extension of Time to File Summons addressed to Judge Margaret M. Garnett from Robert Gumenick dated 1/12/2025. Document filed by Robert J. Gumenick..(Gumenick, Robert) Related: [-]
14		14 service Affidavit of Service Other Sun 01/12 12:53 PM AFFIDAVIT OF SERVICE of Memorandum of Law served on Joshua Adams on 1/10/2025. Service was made by Email j@jsa.tech. Document filed by Robert J. Gumenick..(Gumenick, Robert) Related: [-]
		Att: 1 Affidavit additional affirmation of service (memo of law)
13		13 service Affidavit of Service Other Sun 01/12 12:48 PM AFFIDAVIT OF SERVICE of signed order to show cause, civil cover sheet, complaint, decaration in support, declaration of emergency served on Joshua Adams on 1/10/2025. Service was made by Email j@jsa.tech. Document filed by Robert J. Gumenick..(Gumenick, Robert) Related: [-]
		Att: 1 Exhibit copy of email receipt
Friday, January 10, 2025
12		12 service Request for Issuance of Summons Fri 01/10 4:24 PM REQUEST FOR ISSUANCE OF SUMMONS as to JOSHUA ADAMS, re:1 Complaint. Document filed by Robert J. Gumenick..(Gumenick, Robert) Related: [-]
11		11 2 pgs order Order to Show Cause Fri 01/10 4:19 PM ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER: Upon the Declaration of Plaintiff Robert J. Gumenick in support of his motion for a temporary restraining order (the "TRO"), each executed and dated January 8, 2025, and upon the copy of the Complaint hereto annexed, it is: HEREBY ORDERED that the above named Defendant, Joshua Adams, show cause before this Court in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007 at 2:00 P.M. on January 24, 2025 (the "Show Cause Hearing"), why an Order should not be issued under Rule 65 of the Federal Rules of Civil Procedure preliminarily enjoining and restraining Defendant Joshua Adams or any person acting on his behalf from the following conduct: 1.Utilizing or attempting to utilize, transmit, disclose, alter, delete, transfer or otherwise tamper with the Plaintiff's administrator credentials to his Microsoft 365 account; 2.Contacting Microsoft Corporation or any other person or entity with respect to Plaintiff's Microsoft 365 account; (as further set forth herein). IT IS FURTHER ORDERED that, sufficient reason having been shown, Defendant Joshua Adams and his agents, employees and contractors are TEMPORARILY RESTRAINED AND ENJOINED FROM all the foregoing activity (i.e., categories 1 through 4, above) pending the hearing of Plaintiff's application for a preliminary injunction pursuant to Fed. R. Civ. P. 65 at the Show Cause Hearing; and IT IS FURTHER ORDERED THAT service of a copy of this Order, the annexed declarations, the summons and complaint, and all other papers submitted on this motion be effectuated upon the Defendant both (1) by email at j@jsanet.com and (2) by certified first class mail with delivery receipt to the last known address for Defendant Joshua Adams, and that such service shall be deemed good and sufficient; and IT IS FURTHER ORDERED THAT Plaintiff shall file an affidavit of service by no later than three (3) business days from the issuance of this Order to Show Cause. SO ORDERED. Show Cause Hearing set for 1/24/2025 at 02:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 1/10/2025) (kv) Related: [-]
10		10 service Request for Issuance of Summons Fri 01/10 11:01 AM FILING ERROR - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to JOSHUA ADAMS, re:1 Complaint. Document filed by Robert J. Gumenick..(Gumenick, Robert) Modified on 1/10/2025 (gp) Related: [-]
9		9 motion Show Cause Fri 01/10 9:26 AM EMERGENCY MOTION for Order to Show Cause REPLACES Doc 2 which was filed with wrong document This is the correct document . Document filed by Robert J. Gumenick..(Gumenick, Robert) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 01/10 9:02 AM ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert J. Gumenick. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 370 (Other Fraud); County code Albany;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 890 (Other Statutory Actions); the County code has been modified to Kings;. (jgo) Related: [-]
		misc Notice to Attorney Regarding Party Modification Fri 01/10 9:04 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert J. Gumenick. The party information for the following party/parties has been modified: Robert Jay Gumenick; Joshua Adams. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (jgo) Related: [-]
		notice Case Opening Initial Assignment Notice Fri 01/10 9:08 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) Related: [-]
		utility Case Designation Fri 01/10 9:10 AM Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) Related: [-]
		utility Case Designated ECF Fri 01/10 9:10 AM Case Designated ECF. (jgo) Related: [-]
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Fri 01/10 3:52 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Robert J. Gumenick to RE-FILE Document No. 10 Request for Issuance of Summons. The filing is deficient for the following reason(s): There is no permission on the docket for alternative service, summons with email can not be issued at this time. Seek permission for alternative service or follow FRCP Rule 4 and refile the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (gp) Related: [-]
Thursday, January 09, 2025
8		8 misc Civil Cover Sheet Thu 01/09 6:59 PM CIVIL COVER SHEET filed..(Gumenick, Robert) Related: [-]
7		7 respm Declaration in Support of Motion Thu 01/09 6:52 PM DECLARATION of Robert Gumenick in Support re:3 EX PARTE MOTION for Preliminary Injunction .. Document filed by Robert Jay Gumenick..(Gumenick, Robert) Related: [-]
6		6 respm Affirmation in Support of Motion Thu 01/09 6:46 PM AFFIRMATION of Robert Gumenick in Support re:3 EX PARTE MOTION for Preliminary Injunction .. Document filed by Robert Jay Gumenick..(Gumenick, Robert) Related: [-]
5		5 12 pgs respm Memorandum of Law in Support of Motion Thu 01/09 6:36 PM MEMORANDUM OF LAW in Support re:3 EX PARTE MOTION for Preliminary Injunction . . Document filed by Robert Jay Gumenick..(Gumenick, Robert) Related: [-]
4		4 respm Declaration in Support of Motion Thu 01/09 6:34 PM DECLARATION of Robert Gumenick in Support re:3 EX PARTE MOTION for Preliminary Injunction .. Document filed by Robert Jay Gumenick..(Gumenick, Robert) Related: [-]
3		3 motion Preliminary Injunction Thu 01/09 6:28 PM EX PARTE MOTION for Preliminary Injunction . Document filed by Robert Jay Gumenick..(Gumenick, Robert) Related: [-]
2		2 misc Proposed Order to Show Cause With Emergency Relief Thu 01/09 5:59 PM PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Robert Jay Gumenick. Related Document Number:1 ..(Gumenick, Robert) Related: [-]
1		1 cmp Complaint Thu 01/09 5:42 PM COMPLAINT against Joshua Adams. (Filing Fee $ 405.00, Receipt Number ANYSDC-30434935)Document filed by Robert Jay Gumenick..(Gumenick, Robert) Related: [-]

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