Case details

Court: nysd
Docket #: 1:10-cv-09245
Case Name: Klein et al v. Downtown Restaurant Group, LLC et al
PACER case #: 372618
Date filed: 2010-12-10
Date terminated: 2011-05-26
Assigned to: Judge Laura Taylor Swain
Case Cause: 28:1332pi Diversity-Personal Injury
Nature of Suit: 360 P.I.: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Charles Klein
Plaintiff
 
Richard D. Emery
Emery Celli Brinckerhoff & Abady, LLP
75 Rockefeller Plaza
20th Flr.
New York, NY 10019
212-763-5000
Fax: 212-763-5001
Email: remery@ecbalaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Eisha Jain
Emery Celli Brinckerhoff & Abady, LLP
75 Rockefeller Plaza
20th Flr.
New York, NY 10019
(212)-763-5000
Fax: (212)-763-5001
Email: ejain@ecbalaw.com
ATTORNEY TO BE NOTICED

Eric J. Hecker
Cuti Hecker Wang, LLP (nyc)
305 Broadway, Suite 607
New York, NY 10007
212-620-2602
Fax: 212-620-2612
Email: ehecker@chwllp.com
ATTORNEY TO BE NOTICED
Stacy Johnson-Klein
Plaintiff
 
Richard D. Emery
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Eisha Jain
(See above for address)
ATTORNEY TO BE NOTICED

Eric J. Hecker
(See above for address)
ATTORNEY TO BE NOTICED
Downtown Restaurant Group, LLC
Defendant
 
Gregg Scott Scharaga
Havkins Rosenfeld Ritzert & Varriale, LLP
1065 Avenue of the Americas, 8th Floor
New York, NY 10018
212-488-1598
Fax: (212)-564-0203
Email: gregg.scharaga@hrrvlaw.com
ATTORNEY TO BE NOTICED
The Griffin Nightclub
Defendant
RSNYC, LLC
Defendant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
Adam Hock
Defendant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
Christopher Reda
Defendant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
Anthony Difuilo
Defendant
John Pizzirusso
Defendant
John Does #1-5
Defendant
All Season Protection of NY, LLC
Defendant
 
Gail M. Kelly
Conway, Farrell, Curtin & Kelly
48 Wall Street 20th Floor
New York, NY 10005
(212) 785-2929
Fax: (212) 993-9389
Email: gkelly@conwayfarrell.com
ATTORNEY TO BE NOTICED
All Season Protection Services, Inc.
Defendant
Christopher Reda
Cross Claimant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
Downtown Restaurant Group, LLC
Cross Claimant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
RSNYC, LLC
Cross Claimant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
Adam Hock
Cross Claimant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
All Season Protection Services, Inc.
Cross Defendant
All Season Protection of NY, LLC
Cross Defendant
Anthony Difuilo
Cross Defendant
John Does #1-5
Cross Defendant
John Pizzirusso
Cross Defendant
All Season Protection of NY, LLC
Cross Claimant
 
Gail M. Kelly
(See above for address)
ATTORNEY TO BE NOTICED
Anthony Difuilo
Cross Defendant
Downtown Restaurant Group, LLC
Cross Defendant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
Adam Hock
Cross Defendant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
John Does #1-5
Cross Defendant
John Pizzirusso
Cross Defendant
RSNYC, LLC
Cross Defendant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
Christopher Reda
Cross Defendant
 
Gregg Scott Scharaga
(See above for address)
ATTORNEY TO BE NOTICED
The Griffin Nightclub
Cross Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-12-10 1 0 COMPLAINT against Anthony Difuilo, Downtown Restaurant Group, LLC, Adam Hock, John Does #1-5, John Pizzirusso, RSNYC, LLC, Christopher Reda, The Griffin Nightclub. (Filing Fee $ 350.00, Receipt Number 923396)Document filed by Stacy Johnson-Klein, Charles Klein.(rdz) (Entered: 12/13/2010) 2014-09-17 15:38:47 4ec5a0226f286acfcc2a99f70b06e9ac3d2768d0
2010-12-21 2 0 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/4/2011 at 02:00 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 12/17/10) (db) Modified on 1/10/2011 (db). (Entered: 12/21/2010)
2010-12-21 3 0 AFFIDAVIT OF SERVICE of Summons and Complaint,. The Griffin Nightclub served on 12/18/2010, answer due 1/10/2011. Service was accepted by Evan Frost, General Manager. Document filed by Stacy Johnson-Klein; Charles Klein. (Jain, Eisha) (Entered: 12/21/2010)
2010-12-21 4 0 AFFIDAVIT OF SERVICE of Summons and Complaint,. Adam Hock served on 12/18/2010, answer due 1/10/2011. Service was accepted by Evan Frost, General Manager. Document filed by Stacy Johnson-Klein; Charles Klein. (Jain, Eisha) (Entered: 12/21/2010)
2010-12-21 5 0 AFFIDAVIT OF SERVICE of Summons and Complaint,. Christopher Reda served on 12/18/2010, answer due 1/10/2011. Service was accepted by Evan Frost, General Manager. Document filed by Stacy Johnson-Klein; Charles Klein. (Jain, Eisha) (Entered: 12/21/2010) 2015-03-09 16:57:39 ce9e495a1645255b9904dd88c957fc39101a7df9
2010-12-29 6 0 AFFIDAVIT OF SERVICE of Summons and Complaint,. John Pizzirusso served on 12/22/2010, answer due 1/12/2011. Service was accepted by John Pizzirusso. Document filed by Charles Klein. (Jain, Eisha) (Entered: 12/29/2010)
2011-01-03 7 0 AFFIDAVIT OF SERVICE of Summons and Complaint,. Downtown Restaurant Group, LLC served on 12/28/2010, answer due 1/18/2011. Service was accepted by Donna Christie, Clerk. Document filed by Charles Klein. (Jain, Eisha) (Entered: 01/03/2011)
2011-01-03 8 0 AFFIDAVIT OF SERVICE of Summons and Complaint,. RSNYC, LLC served on 12/17/2010, answer due 1/7/2011. Service was accepted by Donna Christie, Clerk. Document filed by Charles Klein. (Jain, Eisha) (Entered: 01/03/2011)
2011-01-05 9 0 AFFIDAVIT OF SERVICE of Summons and Complaint,. Anthony Difuilo served on 1/3/2011, answer due 1/24/2011. Service was accepted by Jane Difuilo, Daughter in Law. Document filed by Stacy Johnson-Klein; Charles Klein. (Jain, Eisha) (Entered: 01/05/2011)
2011-01-31 10 0 ENDORSED LETTER addressed to judge Laura Taylor Swain from Steven H. Rosenfeld dated 1/28/2011 re: Plaintiffs' counsel has consented to counsel's request for an extension of time to respond to the complaint on behalf of each of their clients through February 14, 2011. ENDORSEMENT: The request are granted. So Ordered. (Signed by Judge Laura Taylor Swain on 1/31/2011) (jfe) (Entered: 01/31/2011)
2011-02-01 11 0 AMENDED COMPLAINT amending 1 Complaint, against Anthony Difuilo, Downtown Restaurant Group, LLC, Adam Hock, John Does #1-5, John Pizzirusso, RSNYC, LLC, Christopher Reda, The Griffin Nightclub, All Season Protection of NY, LLC with JURY DEMAND.Document filed by Stacy Johnson-Klein, Charles Klein. Related document: 1 Complaint, filed by Charles Klein, Stacy Johnson-Klein.(mro) (Entered: 02/03/2011)
2011-02-02 12 0 SECOND AMENDED COMPLAINT amending 11 Amended Complaint, against All Season Protection Services, Inc., All Season Protection of NY, LLC, Anthony Difuilo, Downtown Restaurant Group, LLC, Adam Hock, John Does #1-5, John Pizzirusso, RSNYC, LLC, Christopher Reda, The Griffin Nightclub with JURY DEMAND.Document filed by Stacy Johnson-Klein, Charles Klein. Related document: 11 Amended Complaint, filed by Charles Klein, Stacy Johnson-Klein.(mbe) (ama). (Entered: 02/03/2011)
2011-02-04 13 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Steven H. Rosenfeld, dated 2/4/2011, re: We represent the defendants sued as Downtown Restaurant Group, LLC, The Griffin Nightclub, RSNYC, LLC, Adam Hock and Christopher Reda. The court has signed an order complaint on behalf of each of our clients through February 14, 2011 and scheduled an Initial Pre-trial Conference for March 4 at 2:00pm. I am scheduled to undergo a minor surgical procedure on March 3 and will be unable to appear at the conference on March 4. I am writing to request that the conference be rescheduled. Plaintiffs' counsel has consented to our request and has provided several dates on which they are available. I am available any of those times, of course, subject to the Court's schedule. March 2 - afternoon March 8 - all day March 9 - afternoon March 10 - all day. ENDORSEMENT: The conference is rescheduled to March 2, 2011 at 2:30 pm. SO ORDERED. (Initial Conference set for 3/2/2011 at 02:30 PM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 2/4/2011) (lnl) (Entered: 02/04/2011)
2011-02-14 14 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Downtown Restaurant Group, LLC, Adam Hock, RSNYC, LLC, Christopher Reda.(Scharaga, Gregg) (Entered: 02/14/2011)
2011-02-14 15 0 ANSWER to Amended Complaint., CROSSCLAIM against All Season Protection Services, Inc., All Season Protection of NY, LLC, Anthony Difuilo, John Does #1-5, John Pizzirusso. Document filed by Christopher Reda, Downtown Restaurant Group, LLC, RSNYC, LLC, Adam Hock.(Scharaga, Gregg) (Entered: 02/14/2011)
2011-02-17 16 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Amended Complaint,. Anthony Difuilo served on 2/12/2011, answer due 3/7/2011. Service was accepted by "Jane" Difulio, Daughter of the Defendant. Document filed by Charles Klein. (Jain, Eisha) (Entered: 02/17/2011)
2011-02-17 17 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Amended Complaint,. John Pizzirusso served on 2/12/2011, answer due 3/7/2011. Service was accepted by John Pizzirusso. Document filed by Charles Klein. (Jain, Eisha) (Entered: 02/17/2011)
2011-02-17 18 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. All Season Protection Services, Inc. served on 2/10/2011, answer due 3/3/2011. Service was accepted by Donna Christie, Clerk. Document filed by Charles Klein. (Jain, Eisha) (Entered: 02/17/2011)
2011-02-17 19 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. All Season Protection of NY, LLC served on 2/10/2011, answer due 3/3/2011. Service was accepted by Donna Christie, Clerk. Document filed by Charles Klein. (Jain, Eisha) (Entered: 02/17/2011)
2011-02-23 20 0 NOTICE OF APPEARANCE by Richard D. Emery on behalf of Stacy Johnson-Klein, Charles Klein (Emery, Richard) (Entered: 02/23/2011)
2011-02-25 21 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. All Season Protection of NY, LLC served on 2/22/2011, answer due 3/15/2011. Service was accepted by Donna Christie, Clerk. Document filed by Charles Klein. (Jain, Eisha) (Entered: 02/25/2011)
2011-03-01 22 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Eisha Jain dated 2/28/11 re: counsel for plaintiff writes to request that the conference currently scheduled for March 2, 2011 be adjourned given that new parties. ENDORSEMENT: The conference is adjourned to April 29, 2011, at 10:15 am and the related deadlines are modified accordingly. ( Initial Conference set for 4/29/2011 at 10:15 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 2/28/11) (pl) (Entered: 03/01/2011)
2011-03-08 23 0 CERTIFICATE OF SERVICE of Order for an Initial Conference, dkt. #2; and an Order Adjourning that Conference until April 29, 2011, dtk. #22 served on Anthony Difuilo on 3/3/11. Service was made by FEDEX. Document filed by Stacy Johnson-Klein, Charles Klein. (Jain, Eisha) (Entered: 03/08/2011)
2011-03-08 24 0 CERTIFICATE OF SERVICE of Order for an Initial Conference, dkt. #2, and an Order Adjourning that Conference until April 29, 2011, dkt. #22 served on All Season Protection of NY, LLC and All Season Protection Services, Inc. on 3/2/11. Service was accepted by M. Rodriguez. Document filed by Stacy Johnson-Klein, Charles Klein. (Jain, Eisha) (Entered: 03/08/2011)
2011-03-08 25 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Amended Complaint,. Service was accepted by 'Jane' Difuilo, daughter. Document filed by Charles Klein, Stacy Johnson-Klein. (Jain, Eisha) (Entered: 03/08/2011)
2011-03-14 26 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Eisha Jain dated 3/14/11 re: Request for a two week extension until 4/25/11 to serve the complaint on defendant Pizzirusso. ENDORSEMENT: Granted. ( Service due by 4/25/2011.) (Signed by Judge Laura Taylor Swain on 3/14/11) (cd) (Entered: 03/15/2011)
2011-03-14 27 0 MEMO ENDORSEMENT on SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISE IN A CIVIL ACTION as to Document Production Unit NY Police Department. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/14/11) (cd) (Entered: 03/15/2011)
2011-03-14 28 0 MEMO ENDORSEMENT on SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION, re NY County District Attorney. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/14/11) (cd) (Entered: 03/15/2011)
2011-03-30 29 0 ENDORSED LETTER: addressed to Judge Laura Taylor Swain from GAil M. Kelly dated 3/29/2011 re: Counsel for defendant request an adjournment of the time for All Season Protection of NY, LLC to answer the Second Amended Complaint until April 7, 2011. ENDORSEMENT: The request is Granted. So Ordered. (Signed by Judge Laura Taylor Swain on 3/30/2011) (js) (Entered: 03/30/2011)
2011-03-31 30 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by All Season Protection of NY, LLC.(Kelly, Gail) (Entered: 03/31/2011)
2011-03-31 31 0 ANSWER to Amended Complaint., CROSSCLAIM against Anthony Difuilo, Downtown Restaurant Group, LLC, Adam Hock, John Does #1-5, John Pizzirusso, RSNYC, LLC, Christopher Reda, The Griffin Nightclub. Document filed by All Season Protection of NY, LLC. Related document: 12 Amended Complaint, filed by Charles Klein, Stacy Johnson-Klein.(Kelly, Gail) (Entered: 03/31/2011)
2011-04-07 32 0 AMENDED ANSWER to 31 Answer to Amended Complaint, Crossclaim,,. Document filed by Downtown Restaurant Group, LLC, Adam Hock, RSNYC, LLC, Christopher Reda. (Rosenfeld, Steven) (Entered: 04/07/2011)
2011-04-12 33 0 CERTIFICATE OF SERVICE of RULE 7.1 DISCLOSURE and ANSWER TO SECOND AMENDED COMPLAINT served on Plaintiffs and Defendants, Downtown Restaurant Group, LLC, RSNYC, LLC, Anthony DiFuilo, John Pizzirusso and The Griffin Nightclub on March 31, 2011. Service was made by Mail and via ECF/Email. Document filed by All Season Protection of NY, LLC. (Kelly, Gail) (Entered: 04/12/2011)
2011-04-22 34 0 PRETRIAL STATEMENT. Document filed by Stacy Johnson-Klein, Charles Klein.(Jain, Eisha) (Entered: 04/22/2011)
2011-04-26 35 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Eisha Jain dated 4/26/2011 re: Requesting a one month adjournment of the initial conference scheduled for April 29, 2011. ENDORSEMENT: The conference is adjourned to June 3, 2011 at 10:30 am and the related deadlines are modified accordingly. (Signed by Judge Laura Taylor Swain on 4/26/2011) (jpo) (Entered: 04/26/2011)
2011-05-26 36 0 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Season Protection Services, Inc., All Season Protection of NY, LLC, Anthony Difuilo, Downtown Restaurant Group, LLC, Adam Hock, John Does #1-5, John Pizzirusso, RSNYC, LLC, Christopher Reda, The Griffin Nightclub pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Charles Klein, Stacy Johnson-Klein.(Jain, Eisha) (Entered: 05/26/2011)