Chesler v. Bureau of Vocational Rehabilitation, Director
| Aharon Chesler |
| Bureau of Vocational Rehabilitation, Director |
| 1:2024cv00328 |
| October 11, 2024 |
| US District Court for the District of New Hampshire |
| Joseph N Laplante |
| Talesha L Saint-Marc |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on December 5, 2024. A more recent docket listing may be available from PACER.
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| Notice regarding #13 MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement : Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Talesha L. Saint-Marc for proposed findings of fact and a recommendation as to its disposition. Any such findings and recommendations shall be filed with the Court and a copy shall forthwith be served on all parties. (jb) |
| Filing 26 MOTION for Statement of Interest By The United States filed by Aharon Chesler. Follow up on Objection on 12/16/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(jb) |
| Filing 25 SUPPLEMENTAL MEMORANDUM in Support of #19 Reply to #16 Objection to #13 MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement filed by Bureau of Vocational Rehabilitation, Director. (Miller, Rory) Modified on 12/2/2024 to add supplemental text (jb). |
| Filing 24 SEALED MOTION to Seal #23 Notice Regarding Attached Exhibits and the Attached Exhibits Therein filed by Aharon Chesler.Follow up on Objection on 12/9/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(jb) |
| Filing 23 SEALED Notice Regarding Attached Exhibits at Level I filed by Aharon Chesler (Attachments: #1 Exhibit 1 - State of NH 9th Circuit Docket #459-2012-CV-00079, #2 Exhibit 2 - Incident Report dated 10/11/2024, #3 Exhibit 3 - Email dated 10/17/2001, #4 Exhibit 4 - Nashua Police Department Multipurpose Report, #5 Exhibit 5 - Rehabilitation Services Administration)(jb) |
| Filing 22 MOTION for Accurate Interpretation of Named Defendant filed by Aharon Chesler. Follow up on Objection on 12/9/2024. (Attachments: #1 Memorandum of Law, #2 Exhibit - Email dated 9-27-24)(jb) |
| Filing 21 SURREPLY to #19 Reply to #16 Objection to #13 MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement filed by Aharon Chesler. (Attachments: #1 Exhibit 1 - Statement of Facts and Letter, #2 Exhibit 2 - VR Fair Hearing Schedule, #3 Cover letter)(jb) |
| Filing 20 Disclosure Statement by Aharon Chesler disclosing no parent company, no publicly traded company, and no merger agreement. (Attachments: #1 Cover letter)(jb) |
| ENDORSED ORDER granting #15 Motion to Amend #5 Amended Complaint. Text of Order: On November 18, 2024, defendants moved to dismiss self-represented plaintiff Aharon Chesler's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), or alternatively, for a more definite statement pursuant to Federal Rule of Civil Procedure 12(e) (Doc No. #13 ). Hours later, plaintiff moved to amend his complaint (Doc. No. #15 ). Generally, when a plaintiff files an amended complaint as of right or with leave of the court, any pending motion to dismiss is denied without prejudice. See LR 15.1(c). Here, however, the proposed amendment does not alter the substance of the complaint, but rather, clarifies and expands limited and specific allegations in the original complaint, see Doc. No. #15 at para. 1-4, while also incorporating a paper note purportedly given to plaintiff on February 23, 2024. Given the nature of proposed amendment, the court deems the factual allegations and clarifications as addenda to the complaint (Doc. No. #1 ) and grants the motion to amend on that basis. Defendants' pending motion to dismiss shall remain on record, and defendants may supplement their motion to dismiss, as appropriate, by December 10, 2024. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(jb) |
| Filing 19 REPLY to Objection to Motion re #13 MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement Replaces Document No. 18 filed by Bureau of Vocational Rehabilitation, Director. Surreply due by 11/27/2024. (Attachments: #1 Exhibit N.H. Admin Rules 1021.01 -1021.19, #2 Exhibit VR Fair Hearing Schedule)(Miller, Rory) |
| Filing 18 Replaced by Doc. No. #19 - MEMORANDUM in Support re #13 MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement filed by Bureau of Vocational Rehabilitation, Director. (Attachments: #1 Memorandum of Law, #2 Memorandum of Law)(Miller, Rory) Modified on 11/22/2024 to add replaced text (jb). |
| NOTICE of ECF Filing Error re: #18 Memorandum in Support of Motion filed by Bureau of Vocational Rehabilitation, Director. Filer used wrong event. Filer shall refile using the Reply to Objection to Motion event and enter in docket text: Replaces document no. 18. Further, descriptions of exhibit or attachment was inaccurate (not a Memorandum of Law). Exhibits or attachments shall be followed by a short description of the document and shall not exceed five words. AP 2.5(a). See #Properly Attach Exhibits to Pleadings in ECF.If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374. Compliance Deadline set for 11/26/2024.(jb) |
| Filing 17 SEALED MOTION to Seal "Exhibit 1" Attached to "Objection" re #16 Objection to #13 Motion to Dismiss filed by Aharon Chesler.Follow up on Objection on 12/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(jb) |
| Filing 16 OBJECTION to #13 MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement served on 11/21/2024 filed by Aharon Chesler. Follow up on Reply on 11/29/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit - Emails, #3 Exhibit - Letter)(jb) |
| ENDORSED ORDER denying #10 Motion To/For Clarity RE: Service and ECF. Text of Order: Pro se plaintiff Aharon Chesler filed a motion for clarity in which he asks the court to clarify whether Rule 4 or Rule 5 of the Federal Rules of Civil Procedure applies to service of USDCNH-91 and whether he is still required to serve that document on defendants. He also requests a preliminary injunction directing the U.S. Marshals or the FBI to locate the individual defendant. Plaintiff's motion is denied. As an initial matter, Chesler's request for clarity does not seek clarification of a prior ruling or court action but rather seeks advice regarding the rules for service of process. Federal courts may not provide legal advice to a pro se litigant, just as they may not provide legal advice to a party represented by an attorney. Landry v. Davis, No. 08-3244-SAC, 2009 WL 274242, at *4 (D. Kan. Jan. 26, 2009). See also Fontaine v. Astrue, No. 08-429-P-S, 2009 WL 1490997, at *3 (D. Me. May 27, 2009) (denying request for clarification where plaintiff asked court to provide legal advice regarding her claims). Plaintiff's request for clarity must therefore be denied. In any event, defendants responded to the complaint by filing a motion to dismiss, and nothing therein purports to challenge the adequacy of Chesler's service of process. See Doc. No. #13 . Consequently, Chesler's requests for clarity and for a preliminary injunction aimed at locating the individual defendant are moot. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(jb) |
| ENDORSED ORDER denying #11 Memorandum of Law Concerning Case 1:24-00328-JL on 11-6-24 And a Supplementary Pleading Containing Motion. Text of Order: This matter is before the court on plaintiff's Supplementary Pleading Containing Motions. Therein, plaintiff Aharon Chesler, who is self-represented, moves to take the depositions of Vocational Rehabilitation Counselor Sharma and Elizabeth Durant. He also moves for legal rulings relating to the issues of damages and undue hardship, as well as a preliminary injunction directing defendant Bureau of Vocational Rehabilitation to fund plaintiff's IPE. This litigation was filed a little over a month ago and is still in its pleading stage. Defendants recently filed a motion to dismiss the complaint or, in the alternative, for a more definite statement. That motion needs to be resolved before any discovery takes place or plaintiff's legal claims can be addressed on the merits. Accordingly, plaintiff's motions for depositions and for rulings on legal matters are denied as premature. However, the denial is without prejudice to renewal, if appropriate, at a later stage in the litigation. With respect to the motion for a preliminary injunction, Chesler failed to provide any legal or factual basis for the requested relief. Nor did he file a memorandum with citations to supporting authorities or a proposed order, consistent with the requirement of Fed. R. Civ. P. 65, as required by the Local Rules of this court. See LR 7.1(a)(2) and 65.1. Therefore, his motion for a preliminary injunction is also denied without prejudice to renewal, if appropriate, in accordance with the applicable rules. Chesler is advised that in the future, he shall comply with LR 7.1(a)(1), which provides that [f]ilers shall not combine multiple motions seeking separate and distinct relief into a single filing. Separate motions must be filed. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(jb) |
| Filing 15 MOTION to Amend #5 Amended Complaint filed by Aharon Chesler.Follow up on Objection on 12/2/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit - List)(jb) |
| Filing 14 DOCKETED IN WRONG CASE - MOTION to Amend #5 Amended Complaint filed by Aharon Chesler.Follow up on Objection on 12/2/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit List)(jb) Modified on 11/20/2024 to add docketed in wrong case text: (jb). |
| Filing 13 MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement filed by Bureau of Vocational Rehabilitation, Director. Attorney Rory S. Miller added to party Bureau of Vocational Rehabilitation, Director(pty:dft).Follow up on Objection on 12/2/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(Miller, Rory) |
| Filing 27 MOTION to Amend #11 Memorandum of Law Concerning Case 1:24-00328-JL on 11-6-24 And a Supplementary Pleading Containing Motion filed by Aharon Chesler. Served on 12/3/2024.Follow up on Objection on 12/17/2025. (Attachments: #1 Exhibit 1 - Email dated 11/2/24, #2 Exhibit 2 - Postal Service Certified Mail Receipt)(jb) |
| Filing 12 MOTION To/For Notice of Correspondence filed by Aharon Chesler. (Attachments: #1 Exhibit Certified Mail Receipts, #2 Exhibit 11/12/2024 Email, #3 Exhibit 11/10/24 Email)(jb) |
| Filing 11 Memorandum of Law Concerning Case 1:24-00328-JL on 11-6-24 And a Supplementary Pleading Containing Motion by Aharon Chesler (Attachments: #1 Copy of Complaint and Summons, #2 Service documents, #3 Envelopes)(jb) |
| Filing 10 MOTION To/For Clarity RE: Service and ECF filed by Aharon Chesler. (Attachments: #1 ECF Notice)(jb) |
| Filing 8 Summons issued in hand as to Bureau of Vocational Rehabilitation, Director. Counsel shall serve all documents in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(ed) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS/WAIVER by Aharon Chesler(ed) |
| Filing 9 Return of Service Executed as to Bureau of Vocational Rehabilitation, Director by Aharon Chesler. Served on 10/30/2024. Answer Follow Up on 11/20/2024. (jb) |
| ENDORSED ORDER denying as premature #3 MOTION for Service of Process by U.S. Marshals. Text of Order: Plaintiff filed a motion to appoint the US Marshals Service or the Merrimack County Sheriff's Department to effect service in this case. See Doc. No. #3 . The motion is DENIED as premature, as Plaintiff has not demonstrated that he has attempted to contact the Merrimack County Sheriff's Department or any other process server and been unsuccessful in having service effected in that manner. The denial of Plaintiff's motion is without prejudice to his ability to again ask this Court to order the US Marshals Service to effect service if, after exhausting other reasonable means of effecting service, he has been unable to effect service. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(jb) |
| Filing 6 Summons issued in hand as to Bureau of Vocational Rehabilitation, Director. Counsel shall serve all documents in accordance with Fed. R. Civ. P. 4. (ed) |
| Filing 5 COMPLAINT against Bureau of Vocational Rehabilitation, Director filed by Aharon Chesler.(jb) |
| Filing 4 NOTICE Regarding Certified Mail Mailings by Aharon Chesler. (Attachment: #1 Receipt)(ko) |
| Filing 3 MOTION for Service of Process by U.S. Marshals filed by Aharon Chesler. Follow up on Objection on 11/1/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Process Receipt and Return)(ko) |
| Filing 2 Summons issued by mail as to Bureau of Vocational Rehabilitation, Director. Counsel shall serve all documents in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(ed) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (ed) |
| Filing 1 COMPLAINT against Bureau of Vocational Rehabilitation, Director (Filing fee $ 405 receipt number 1723) filed by Aharon Chesler. (Attachments: #1 Summons - Waiver)(ed) |
| Case assigned to Judge Joseph N. Laplante and US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:24-cv-328-JL-TSM. Please show this number with the judge designation on all future pleadings. (ed) |
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| Defendant: Bureau of Vocational Rehabilitation, Director | |
| Represented By: | Rory S. Miller |
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| Plaintiff: Aharon Chesler | |
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