Rodriguez v. Department of the Navy et al
Plaintiff: Bernadette Rodriguez
Defendant: United States Marines Corps., Department of the Navy, U.S. Department of Navy, Office of the Judge Advocate General and United States
Case Number: 1:2019cv01185
Filed: July 31, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Lois Bloom
Referring Judge: Pamela K Chen
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2019 Filing 5 AMENDED COMPLAINT against United States, filed by Bernadette Rodriguez. (Love, Alexis)
August 20, 2019 Opinion or Order Filing 4 ORDER: For the reasons stated in the attached, the Court dismisses Plaintiff's complaint without prejudice. See Fed. R. Civ. P. 12(h)(3). The Court grants Plaintiff leave to file an amended complaint by September 19, 2019. So long as Plaintiff has a legitimate basis for doing so, the Court advises Plaintiff to include the following information in her amended complaint: (1) the date on which Plaintiff filed an administrative claim complaining of the injuries her children have suffered and/or continue to suffer; (2) the name of the federal agency with which she filed the administrative claim; and (3) the date on and circumstances under which the agency issued a final decision. If possible, Plaintiff should attach a copy of any administrative claim she filed with a federal agency as well as a copy of the federal agency's final decision as exhibits to her amended complaint. Additionally, Plaintiff's amended complaint should only name the United States as a defendant. Furthermore, if Plaintiff's claim is time-barred, she should set forth any facts supporting equitable tolling in her amended complaint. Finally, Plaintiff should include in her amended complaint all facts of which she is aware that support her claim that the water she and/or her children drank at Camp Lejeune was contaminated and what the nature of the contamination was. If Plaintiff fails to file an amended complaint within the time allowed, the Court will enter judgment dismissing this action without prejudice. All proceedings shall be stayed for 30 days from entry of this Order. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 438 U.S. 444-45 (1962). Ordered by Judge Pamela K. Chen on 8/20/2019. (Nadig, Alok)
August 8, 2019 Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
July 31, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Bernadette Rodriguez. (Bowens, Priscilla)
July 31, 2019 Filing 1 COMPLAINT against Department of the Navy, Office of the Judge Advocate General, U.S. Department of Navy, United States Marines Corps., filed by Bernadette Rodriguez. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)

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Plaintiff: Bernadette Rodriguez
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Defendant: United States Marines Corps.
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Defendant: Department of the Navy
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Defendant: U.S. Department of Navy
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Defendant: Office of the Judge Advocate General
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Defendant: United States
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