Roosevelt Road Re, Ltd. et al v. Subin et al
| New York Eastern District Court | |
| Judge: | Hector Gonzalez |
| Case #: | 1:24-cv-05033 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 18:1962 Racketeering (RICO) Act |
| Case Filed: | Jul 19, 2024 |
| Last checked: Monday Sep 02, 2024 4:50 AM EDT |
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Defendant
Jorge Arturo Gonzalez Lupi
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Defendant
Eric D. Subin
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Defendant
Herbert S. Subin
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Represented By
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Plaintiff
Roosevelt Road Re, Ltd.
The Willis Law Group 1985 Forest Lane
Garland, TX 75042 |
Represented By
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Plaintiff
Tradesman Program Managers, LLC
The Willis Law Group 1985 Forest Lane
Garland, TX 75042 |
Represented By
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| Docket last updated: 11/01/2024 11:59 PM EDT |
| Friday, November 01, 2024 | ||
| 18 | 18
misc
Letter
Fri 11/01 5:04 PM
Letter Motion for Pre Motion conference by Jorge Arturo Gonzalez Lupi (Soshnick, Michael) |
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| 17 | 17
motion
Pre Motion Conference
Fri 11/01 1:09 PM
Letter MOTION for pre motion conference by Herbert S. Subin. (Ortego, Joseph) |
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| Wednesday, October 30, 2024 | ||
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order
Status Report Order
Wed 10/30 11:08 AM
ORDER: The Court has received Plaintiffs' response to the Court's Order to Show Cause, see ECF No.16 , which indicates that Plaintiffs effectuated service on Defendant Eric D. Subin on September 27, 2024. A review of Plaintiff's proof of service, see ECF No.15 , indicates that Plaintiffs served Defendant Eric D. Subin by leaving a copy of the summons and complaint with the doorman of the building where Defendant resides. "Courts in this Circuit disagree whether leaving the summons with the doorman or concierge of a building satisfies the 'resides there' requirement of Rule 4(e)(2)(B)." Weingeist v. Tropix Media & Ent. , No. 20-cv-275, 2022 WL 970589, at *5 (S.D.N.Y. Mar. 30, 2022). And service was not proper under New York law because Plaintiffs' proof of service does not indicate that a copy of the summons and complaint was also mailed to Defendant. See id. at *8; see also N.Y. C.P.L.R 308(2). Accordingly, "the Court finds that it cannot definitively conclude that service on [Defendant Eric D. Subin] was proper[.]" Weingeist , 2022 WL 970589, at *5. In light of Plaintiffs' diligent attempts to serve Defendant Eric D. Subin, see ECF No.15 , the Court sua sponte grants Plaintiffs an extension of time to serve Defendant. Plaintiffs shall file proof of successful service on or before November 14, 2024. If Plaintiffs are unable to properly serve Defendant Eric D. Subin by that date, then Plaintiffs shall file a letter explaining why the Court should not dismiss Defendant Eric D. Subin without prejudice for failure timely to serve Defendant. Ordered by Judge Hector Gonzalez on 10/30/2024. (PN) |
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| Tuesday, October 29, 2024 | ||
| 16 | 16
misc
Response to Order to Show Cause
Tue 10/29 5:10 PM
RESPONSE TO ORDER TO SHOW CAUSE by Roosevelt Road Re, Ltd., Tradesman Program Managers, LLC (Clay, William) |
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| 15 | 15
service
Summons Returned Executed
Tue 10/29 4:42 PM
SUMMONS Returned Executed by Roosevelt Road Re, Ltd., Tradesman Program Managers, LLC. Eric D. Subin served on 9/26/2024, answer due 10/17/2024. (Clay, William) |
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| Friday, October 25, 2024 | ||
| 14 | 14
order
Status Report Order
Fri 10/25 11:22 AM
SCHEDULING ORDER: This case has been reassigned to Judge Gonzalez. Accordingly, counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by November 8, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 10/25/2024. (KM) |
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utility
Case Assigned/Reassigned
Fri 10/25 9:14 AM
Case Reassigned to Judge Hector Gonzalez. Magistrate Judge Lois Bloom 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 to Show Cause
Fri 10/25 11:26 AM
ORDER TO SHOW CAUSE: Plaintiffs' complaint was filed on July 19, 2024, and Plaintiffs' deadline to serve a copy of the complaint and a summons on Defendant Eric D. Subin was therefore October 17, 2024, according to Rule 4(m). As of the date of this order, Plaintiffs have not filed proof of successful service of the summons and complaint on Defendant Eric D. Subin. Plaintiffs shall show cause, on or before November 1, 2024, as to why Plaintiffs' complaint should not be dismissed against Defendant Eric D. Subin without prejudice for failure timely to serve Defendant. Ordered by Judge Hector Gonzalez on 10/25/2024. (KM) |
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order
Status Report Order
Fri 10/25 11:27 AM
ORDER: Defendants Herbert S. Subin and Jorge Arturo Gonzalez Lupi have indicated their intent to move to dismiss Plaintiffs' complaint. See ECF Nos.12 ,13 . Defendants shall file premotion letters in anticipation of their motion to dismiss in accordance with Section IV.A of the Court's Individual Practices on or before November 1, 2024. Plaintiffs shall file a responsive letter that complies with Section IV.A of the Court's Individual Practices on or before November 8, 2024, which shall address whether Plaintiffs believe the complaint can be amended to address the issues raised in Defendants' letters. Ordered by Judge Hector Gonzalez on 10/25/2024. (KM) |
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| Thursday, October 24, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Thu 10/24 5:59 PM
ORDER: As defendants Herbert Subin and Jorge Arturo Gonzalez Lupi anticipate filing motions to dismiss, ECF Nos.12 ,13 , the Clerk of Court is respectfully directed to assign this case to a district judge. Ordered by Magistrate Judge Lois Bloom on 10/24/2024. (GKD) |
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| Wednesday, October 23, 2024 | ||
| 13 | 13
misc
Letter
Wed 10/23 7:41 PM
Letter request case be assigned to US District Judge by Jorge Arturo Gonzalez Lupi (Soshnick, Michael) |
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| 12 | 12
misc
Letter
Wed 10/23 3:56 PM
Letter request case be assigned to US District Judge by Herbert S. Subin (Ortego, Joseph) |
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| Wednesday, September 18, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Wed 09/18 1:23 PM
ORDER: Defendant Jorge Gonzalez Luipi, with plaintiffs' consent, requests an extension of time to respond to the complaint. ECF No.11 . The request is granted. Defendant Gonzalez Luipi shall respond to the complaint by October 25, 2024. Ordered by Magistrate Judge Lois Bloom on 9/18/2024. (GKD) |
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| Tuesday, September 17, 2024 | ||
| 11 | 11
2
pgs
motion
Extension of Time to File Answer
Tue 09/17 9:09 PM
First MOTION for Extension of Time to File Answer with stip to so order by Jorge Arturo Gonzalez Lupi. (Soshnick, Michael) |
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| 10 | 10
notice
Notice of Appearance
Tue 09/17 8:50 PM
NOTICE of Appearance by Michael L. Soshnick on behalf of Jorge Arturo Gonzalez Lupi (aty to be noticed) (Soshnick, Michael) |
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| Thursday, September 12, 2024 | ||
| 9 | 9
notice
Notice of Appearance
Thu 09/12 12:11 PM
NOTICE of Appearance by Aaron Eitan Meyer on behalf of Roosevelt Road Re, Ltd., Tradesman Program Managers, LLC (aty to be noticed) (Meyer, Aaron) |
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| Wednesday, September 04, 2024 | ||
| 8 | 8
service
Summons Returned Executed
Wed 09/04 2:42 PM
SUMMONS Returned Executed by Roosevelt Road Re, Ltd., Tradesman Program Managers, LLC. Jorge Arturo Gonzalez Lupi served on 9/3/2024, answer due 9/24/2024. (Clay, William) |
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| Friday, August 23, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Fri 08/23 5:10 PM
ORDER: Defendants request, with plaintiffs' consent, to extend the time for defendants to respond, ECF No.7 , is granted. Defendants shall respond to the complaint by October 25, 2024. Ordered by Magistrate Judge Lois Bloom on 8/23/2024. (GKD) |
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| Thursday, August 22, 2024 | ||
| 7 | 7
3
pgs
motion
Extension of Time to File Answer
Thu 08/22 2:01 PM
Letter MOTION for Extension of Time to File Answer with stip to so order by Herbert S. Subin. (Ortego, Joseph) |
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| Tuesday, August 06, 2024 | ||
| 6 | 6
service
Summons Returned Executed
Tue 08/06 11:57 AM
SUMMONS Returned Executed by Roosevelt Road Re, Ltd., Tradesman Program Managers, LLC. Herbert S. Subin served on 8/5/2024, answer due 8/26/2024. (Clay, William) |
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| Monday, August 05, 2024 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Mon 08/05 3:07 PM
ORDER granting5 Motion for Leave to Appear Pro Hac Vice. Attorney William J. Clay shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Lois Bloom on 8/5/2024. (VP) |
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| Friday, August 02, 2024 | ||
| 5 | 5
motion
Appear Pro Hac Vice
Fri 08/02 12:26 PM
Notice of MOTION to Appear Pro Hac Vice WILLIAM J. CLAY Filing fee $ 200, receipt number ANYEDC-18133991 by Roosevelt Road Re, Ltd., Tradesman Program Managers, LLC. (Clay, William) |
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| Monday, July 22, 2024 | ||
| 4 | 4
service
Summons Issued
Mon 07/22 9:28 AM
Summons Issued as to Jorge Arturo Gonzalez Lupi, Eric D. Subin, Herbert S. Subin. (KD) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Mon 07/22 9:25 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
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| 2 | 2
notice
Notice of Opportunity to Consent
Mon 07/22 9:25 AM
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.] (KD) |
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utility
Case Assigned/Reassigned
Mon 07/22 9:23 AM
Case Assigned to Magistrate Judge Lois Bloom. 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. (KD) |
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| Friday, July 19, 2024 | ||
| 1 | 1
23
pgs
cmp
Complaint
Fri 07/19 3:39 PM
COMPLAINT against Jorge Arturo Gonzalez Lupi, Eric D. Subin, Herbert S. Subin filing fee $ 405, receipt number BNYEDC-18088077 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Roosevelt Road Re, Ltd., Tradesman Program Managers, LLC. (Graves, Michael) |
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Att: 1
Civil Cover Sheet with Rider,
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Att: 2
3 pgs
Proposed Summons with Rider
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