Vinayagam v. US Dept Labor-Adminisrative Review Board et al
| Nithya Vinayagam |
| US Dept Labor-Adminisrative Review Board, Swapna Pasham, EIS Technologies, Neelam Miglani, US Dept of Labor(WHD)-Atlanta, Vikram Sudini, Linda Sneed, Naveen Miglani, Kowsala Rajendra and Debra Brown |
| 1:2024cv01060 |
| March 12, 2024 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Amy Totenberg |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Both |
Docket Report
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| Filing 37 Case transferred in from District of Nevada; Case Number 2:18-cv-01206. Original file certified copy of transfer order and docket sheet received. |
Filing 36
ORDER. IT IS ORDERED that #35 Plaintiff's Motion to Transfer Venue is GRANTED. The case is ORDERED TRANSFERRED to the United States District Court for the Northern District of Georgia. IT IS FURTHER ORDERED that the #32 Report and Recommendation of the Honorable Brenda Weksler, United States Magistrate Judge, entered 10/26/2023, is REJECTED as moot. Signed by Judge Richard F. Boulware, II on 3/11/2024. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 3/12/2024.]
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| Filing 35 MOTION to Transfer Venue. Responses due by 11/22/2023. (CT) [Transferred from Nevada on 3/12/2024.] |
| Filing 34 NOTICE of Docket Correction to #33 Advisory Letter Pro Se non-habeas. This was docketed in the wrong case due to Clerk error. Disregard ECF No. #33 . (no image attached) (CJS) [Transferred from Nevada on 3/12/2024.] |
| Filing 33 DISREGARD Entry. Clerk Docketed in Wrong Case. ADVISORY LETTER to litigant. (ALZ) Modified on 11/6/2023 (CJS). [Transferred from Nevada on 3/12/2024.] |
| Filing 32 REPORT AND RECOMMENDATION re #31 . Because the Court finds that Plaintiffs proposed amendment would be futile, it recommends denying Plaintiffs motion to amend. Objections to R&R due by 11/9/2023. Signed by Magistrate Judge Daniel J. Albregts on 10/26/2023. (Copies have been distributed pursuant to the NEF - CAH) [Transferred from Nevada on 3/12/2024.] |
| Filing 31 MOTION to Amend Complaint, by Plaintiff Nithya Vinayagam. Responses due by 5/11/2023. (Attachments: #1 Amended Complaint, #2 Exhibit)(JQC) (nondispositive) [Transferred from Nevada on 3/12/2024.] |
| Filing 30 Mail Returned as Undeliverable re #29 Order addressed to Nithya Vinayagam. Envelope marked: Return to Sender; No new address. (JQC) [Transferred from Nevada on 3/12/2024.] |
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Filing 29
ORDER Granting in part and Denying in part Plaintiff's #26 Motion to Amend/Correct #20 Complaint. IT IS FURTHER ORDERED that Plaintiff shall until April 27, 2023 to file a motion to amend her complaint and attach a complaint consistent with this Order. Signed by Judge Richard F. Boulware, II on 3/31/2023. (Copies have been distributed pursuant to the NEF - BEL) (Main Document 29 replaced on 4/3/2023) (BEL). [Transferred from Nevada on 3/12/2024.]
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| Filing 28 NOTICE of Change of Address by Plaintiff Nithya Vinayagam. Address updated to: Old No 6, New No 11, Mangalapuram 10th Street, Chetpet Chennai 600031, INDIA. (JQC) [Transferred from Nevada on 3/12/2024.] |
| Filing 27 CERTIFICATE OF SERVICE for #26 Motion to Amend Complaint, by Plaintiff Nithya Vinayagam. (JQC) [Transferred from Nevada on 3/12/2024.] |
| Filing 26 MOTION to Amend #20 Amended Complaint, by Plaintiff Nithya Vinayagam. Responses due by 5/13/2022. (Attachments: #1 Amended Complaint) (JQC) [Transferred from Nevada on 3/12/2024.] |
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Filing 25
ORDER that #19 Motion for Reconsideration is GRANTED in part. Plaintiff is hereby granted leave for one final opportunity to file a complaint that is compliant with the Federal Rules of Civil Procedure. For the reasons stated above, IT IS FURTHER ORDERED that #20 Amended Complaint is DISMISSED.IT IS FURTHER ORDERED that Plaintiff shall until April 29, 2022 to file a motion to amend her complaint and attach a complaint consistent with this Order. Signed by Judge Richard F. Boulware, II on 3/31/2022. (Copies have been distributed pursuant to the NEF - BEL) [Transferred from Nevada on 3/12/2024.]
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Filing 24
ORDER Denying without prejudice #23 Motion for Exemption from Fees for Accessing Pacer. Signed by Magistrate Judge Daniel J. Albregts on 3/8/2022.(Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 3/12/2024.]
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| Filing 23 MOTION for Exemption from Fees for Accessing Pacer by Plaintiff Nithya Vinayagam. Responses due by 3/1/2022. (Attachments: #1 Invoice) (JQC) [Transferred from Nevada on 3/12/2024.] |
| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 11/12/2021. Due to clerical error, a Minute Order Setting a hearing was issued. The clerk is directed to strike 21 Minute Order and Vacate the hearing set for November 29, 2021.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) [Transferred from Nevada on 3/12/2024.] |
| Filing 21 STRICKEN MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 11/12/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that Hearing regarding #19 MOTION for Reconsideration is set for November 29, 2021 at 9:00 AM in LV Courtroom 7C by videoconference appearance before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding. IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Issued in error,Stricken by Court on 11/12/2021 (BEL). [Transferred from Nevada on 3/12/2024.] |
| Filing 20 AMENDED COMPLAINT with Jury Demand against Debra Brown, Eis Technologies, Naveen Miglani, Neelam Miglani, Swapna Pasham, Kowsala Rajendra, Linda Sneed, Vikram Sudini, US Dept Labor-Adminisrative Review Board, US Dept of Labor(WHD)-Atlanta by Nithya Vinayagam. Adds new parties. (JQC) [Transferred from Nevada on 3/12/2024.] |
| Filing 19 MOTION for Reconsideration re #16 Judgment, by Plaintiff Nithya Vinayagam. Responses due by 6/12/2021. (JQC) [Transferred from Nevada on 3/12/2024.] |
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Filing 18
ORDER. IT IS ORDERED that #17 Plaintiffs Motion to Vacate is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the Plaintiff must file a motion for reconsideration of this Courts judgment which attaches her third amended complaint and further explains why this Court should vacate judgment in this case. Plaintiff must file her motion by 5/29/2021. Signed by Judge Richard F. Boulware, II on 3/31/2021. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 3/12/2024.]
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| Filing 17 MOTION to Vacate #16 Judgment, filed by Plaintiff Nithya Vinayagam. (JQC) Modified on 8/3/2020 to add document link (MMM). [Transferred from Nevada on 3/12/2024.] |
| Filing 16 JUDGMENT in favor of Eis Technologies, US Dept Labor-Adminisrative Review Board, US Dept of Labor(WHD)-Atlanta, Linda Sneed, Naveen Miglani, Neelam Miglani, Swapna Pasham, Vikram Sudini against Nithya Vinayagam. Signed by Clerk of Court Debra K. Kempi on 6/1/2020. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 3/12/2024.] |
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Filing 15
ORDER. IT IS ORDERED that #12 the Report and Recommendation is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. Signed by Judge Richard F. Boulware, II on 5/28/2020. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 3/12/2024.]
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| Filing 14 Mail Returned as Undeliverable re #12 Report and Recommendation, addressed to Nithya Vinayagam. Envelope marked: "Return to Sender"; Refused. (JQC) [Transferred from Nevada on 3/12/2024.] |
| Filing 13 Mail Returned as Undeliverable re #11 Order, addressed to Nithya Vinayagam. Envelope marked: "Return to Sender"; Refused. (JQC) Modified on 5/11/2020 to reflect correct date filed (MMM). [Transferred from Nevada on 3/12/2024.] |
| Filing 12 REPORT AND RECOMMENDATION. The undersigned RECOMMENDS that this case be DISMISSED without prejudice. Objections to R&R due by 5/11/2020. Signed by Magistrate Judge Daniel J. Albregts on 4/27/2020. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 3/12/2024.] |
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Filing 11
ORDER. IT IS ORDERED that #9 the second amended complaint is DISMISSED without prejudice for failure to state a claim upon which relief can be granted, with leave to amend. IT IS FURTHER ORDERED that Plaintiff shall have until 4/23/2020, to file an amended complaint. Failure to file an amended complaint will result in a recommendation that this case be dismissed. Signed by Magistrate Judge Daniel J. Albregts on 3/23/2020. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 3/12/2024.]
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| Filing 10 NOTICE of Change of Address by Plaintiff Nithya Vinayagam. Updated Address: Nagpur, India (JM) [Transferred from Nevada on 3/12/2024.] |
| Filing 9 SECOND AMENDED COMPLAINT with Jury Demand against All Defendants by Nithya Vinayagam. Adds new parties. (Attachments: #1 Exhibits) (MR) [Transferred from Nevada on 3/12/2024.] |
| Filing 8 CLERK'S NOTICE that due to the retirement of U.S. Magistrate Judge Carl W. Hoffman, this case is reassigned to U.S. Magistrate Judge Daniel J. Albregts for all further proceedings. All further documents must bear the correct case number 2:18-cv-01206-RFB-DJA. (no image attached) (MR) [Transferred from Nevada on 3/12/2024.] |
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Filing 7
ORDER Granting #4 Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that #6 the first amended complaint is DISMISSED without prejudice for failure to state a claim upon which relief can be granted, with leave to amend. IT IS FURTHER ORDERED that plaintiff shall have until 8/19/19, to file an amended complaint. Signed by Magistrate Judge Carl W. Hoffman on 7/19/2019. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 3/12/2024.]
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| Filing 6 FIRST AMENDMENT TO COMPLAINT by Plaintiff Nithya Vinayagam.(MMM) Modified on 11/26/2018 (JM). [Transferred from Nevada on 3/12/2024.] |
| Filing 5 NOTICE of Change of Address by Plaintiff Nithya Vinayagam. Address updated to 3850 S Mountain Vista St Apt 114, Las Vegas, NV 89121. (MMM) [Transferred from Nevada on 3/12/2024.] |
| Filing 4 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Nithya Vinayagam. (MMM) [Transferred from Nevada on 3/12/2024.] |
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Filing 3
ORDER denying #1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk of the Court must send plaintiff the approved form application to proceed in forma pauperis with instructions. FURTHER ORDERED that by August 8, 2018, plaintiff must either: (1) file a complete application to proceed in forma pauperis or pay the full $400 fee for a civil action. Plaintiff is advised that failure to comply with this order will result in a recommendation that this case be dismissed. Signed by Magistrate Judge Carl W. Hoffman on 7/9/2018. (Copies have been distributed pursuant to the NEF - MMM) [Transferred from Nevada on 3/12/2024.]
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| Filing 2 ADVISORY LETTER to litigant. (MMM) [Transferred from Nevada on 3/12/2024.] |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Nithya Vinayagam. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(MMM) [Transferred from Nevada on 3/12/2024.] |
| Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Carl W. Hoffman. (RT) [Transferred from Nevada on 3/12/2024.] |
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