Elachkar v. City of New York et al
| Houssam Elachkar |
| City of New York, New York City Transit Authority, Mariarit Acquista, Metropolitan Transportation Authority, JOHN DOE (1-5), John Doe 1 through 5, John Doe 1 through 4 and Jean Lormestil |
| 1:2019cv02172 |
| April 12, 2019 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Steven Tiscione |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 57 CLERK'S JUDGMENT: ORDERED and ADJUDGED that this action is dismissed with prejudice for Plaintiff's failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Jalitza Poveda, on behalf of Douglas C. Palmer, Clerk of Court on 3/26/2021. (Fernandez, Erica) |
Filing 56
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, with the exception noted in footnote 1, supra, finds no clear error and adopts the R&R. Accordingly, the Court orders that this action be dismissed with prejudice for Plaintiffs failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of Court is respectfully directed to enter judgment accordingly and close the case. Ordered by Judge Carol Bagley Amon on 3/25/2021. (fwd for judgment) (Fernandez, Erica)
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Filing 55
REPORT AND RECOMMENDATIONS re #54 Letter MOTION to Dismiss for Lack of Prosecution respectfully requesting that this matter be dismissed for failure to prosecute filed by Mariarit Acquista, Jean Lormestil, City of New York. I respectfully recommend that this Court grant the Motion to Dismiss for Lack of Prosecution and dismiss this action with prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for Plaintiff's failure to prosecute. Objections to R&R due by 3/17/2021. So Ordered by Magistrate Judge Steven Tiscione on 3/3/2021. (Trimes, Alexander)
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ORDER REFERRING MOTION: #54 Letter MOTION to Dismiss for Lack of Prosecution. Defendants' motion to dismiss for lack of prosecution #54 is respectfully referred to the Honorable Steven Tiscione, United States Magistrate Judge, for report and recommendation. So Ordered by Judge Carol Bagley Amon on 8/18/2020. (Morse, Allison)
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| Filing 54 Letter MOTION to Dismiss for Lack of Prosecution respectfully requesting that this matter be dismissed for failure to prosecute by Mariarit Acquista, City of New York, Jean Lormestil. (Shapovalova, Inna) |
| Filing 53 CERTIFICATE OF SERVICE by Mariarit Acquista, City of New York, Jean Lormestil serving a copy of Court's July 7, 2020 order (Corsi, Alexandra) |
| Filing 52 Minute Entry for Telephone Conference held on 7/7/2020 before Magistrate Judge Steven Tiscione: Plaintiff failed to appear; Corsi, Frail, Shatovalova for Defendants. Plaintiff has now failed to appear for three straight conferences and has made no effort to contact the Court or defense counsel in several months. Defense counsel report that they have made numerous attempts to contact him but none of their efforts have been successful. Given the extended period of time that Plaintiff has been completely unavailable, the Court orders Plaintiff to show cause in writing by July 31, 2020 why this case should not be dismissed for failure to prosecute. If Plaintiff does not contact the Court by July 31, 2020, the Court will have no choice but to recommend that the case be dismissed for failure to prosecute.Defense counsel is directed to serve a copy of this Order on Plaintiff, via return receipt delivery, and file proof of service with the Court. (Vasquez, Lea) |
| Filing 51 CERTIFICATE OF SERVICE by Mariarit Acquista, City of New York, Jean Lormestil serving a copy of Court's June 10, 2020 order (Corsi, Alexandra) |
| Filing 50 Minute Entry for Telephone Conference held on 6/10/2020 before Magistrate Judge Steven Tiscione: Pro se Plaintiff failed appear; Frail, Corsi, Shatovalova for Defendants. Plaintiff did not appear and defense counsel report that they have made numerous attempts to contact Plaintiff but have not received any response. Plaintiff has not made contact with the Court or defense counsel Accordingly, the Court will hold a telephone conference on at 12:00 p.m. on July 7, 2020. Plaintiff is directed to appear on the call. Failure to appear will result in sanctions. Defense counsel is directed to serve a copy of this Order on Plaintiff, via return receipt delivery, and file proof of service with the Court.(FTR Log #10:00 - 10:15 (AT&T).) (Vasquez, Lea) |
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ORDER: Counsel for Defendants is directed to contact the Court for the June 10th conference call-in information and distribute same to the Plaintiff who is proceeding pro se. So Ordered by Magistrate Judge Steven Tiscione on 6/8/2020. (Vasquez, Lea)
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| Filing 49 Minute Order for Telephone Conference held on 4/22/2020 before Magistrate Judge Steven Tiscione: Pro se plaintiff failed to appear; Chang & Corsi for Defendants.Plaintiff did not appear and Defendants have been unable to get in touch with Plaintiff since the last in-person conference. Accordingly, the Court will put this matter over to give counsel an opportunity to contact Plaintiff. In light of the ongoing pandemic, and the lack of contact from Plaintiff, Defendants' Motion to Stay discovery in this case for 90 days #47 is granted. The Court will hold a further telephone conference on June 10, 2020 at 10:00 a.m. Defense counsel are directed to serve a copy of this order on Plaintiff, who is proceeding pro se. (FTR Log #12:15 - 12:26 AT&T.) (Vasquez, Lea) |
| Filing 48 CERTIFICATE OF SERVICE by Mariarit Acquista, City of New York, Jean Lormestil serving a copy of Court's March 16, 2020 order (Corsi, Alexandra) |
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ORDER deferring ruling on #47 Motion to Stay: The April 22nd conference will proceed as scheduled but will instead be held by phone with all parties. Counsel for Defendants is directed to contact chambers PRIOR TO APRIL 22ND to obtain the conference call-in information and distribute to the plaintiff who appears to still be proceeding pro se. So Ordered by Magistrate Judge Steven Tiscione on 3/26/2020. (Vasquez, Lea)
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| Filing 47 Letter MOTION to Stay respectfully requesting stay of proceedings and adjournment of April 22, 2020 conference by Mariarit Acquista, City of New York, Jean Lormestil. (Corsi, Alexandra) |
| Filing 46 AFFIDAVIT/DECLARATION in Support re #45 First MOTION to Substitute Attorney filed by Mariarit Acquista, City of New York, Jean Lormestil. (Attachments: #1 Declaration Declaration of Joshua Levin) (Corsi, Alexandra) |
| Filing 45 First MOTION to Substitute Attorney by Mariarit Acquista, City of New York, Jean Lormestil. (Corsi, Alexandra) |
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ORDER granting #45 Motion to Substitute Attorney. Attorney Joshua Michael Levin terminated. So Ordered by Magistrate Judge Steven Tiscione on 3/25/2020. (Vasquez, Lea)
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ORDER granting #25 Motion to Compel; granting #24 Motion to Compel. Plaintiff Elachkar is ordered to provide Defendants with executed 160.50 and HIPAA releases so that relevant records can be Obtained and the case can proceed. Counsel for Defendants is directed to serve the plaintiff, who is proceeding pro se, with a copy of this Order and file proof of service with the Court. So Ordered by Magistrate Judge Steven Tiscione on 3/16/2020. (Vasquez, Lea)
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| Filing 44 Mail Returned as Undeliverable. "Docket Sheet" mailed to Houssam Elachkar 269 Skillman Avenue #6009 Brooklyn, NY 11211. Postal notation: "Return to Sender, attempted not known, unable to forward" (Fernandez, Erica) (Main Document 44 replaced on 3/5/2020) (Fernandez, Erica). |
| Filing 42 Minute Entry for Status Conference held on 2/19/2020 before Magistrate Judge Steven Tiscione: Elachkar, pro se plaintiff; Levin & Frail for Defendants. Plaintiff represented that he just signed a release allowing his old attorney to provide records to the new attorney he is hoping to take over his case. Once the new attorney, Kent Grubred, Esq., reviews the records, he will make a final determination about his representation of plaintiff. The Court will hold a status conference on April 22, 2020 at 12:00 p.m. Plaintiff shall appear in person for the conference unless a new attorney has filed a notice of appearance on his behalf.(FTR Log #12:03 - 12:12.) (Vasquez, Lea) |
| Filing 41 Minute Entry for Status Conference held on 1/17/2020 before Magistrate Judge Steven Tiscione: Elachkar, pro se plaintiff; Levin & Frail for defendants. Plaintiff provided the Court with a letter from attorney Kent Gubred, Esq. indicating that he has met with Plaintiff but has not formally been retained because he has not had sufficient time to investigate the matter and determine whether he will accept the representation. The Court will give Plaintiff some additional time to finalize his representation, but Mr. Gubrud must file a notice of appearance by February 17, 2020 if he intends to take over this case. The Court will hold a status conference on February 19, 2020 at 12:00 p.m. Plaintiff shall appear in person at the conference unless he has retained an attorney who will appear on his behalf. (FTR Log #12:17 - 12:25.) (Vasquez, Lea) |
| Filing 39 Minute Entry for Status Conference held on 12/3/2019 before Magistrate Judge Steven Tiscione: Elachkar, pro se Plaintiff; Levin & Frail for Defendants. Plaintiff appeared nearly 30 minutes late for the conference despite prior notice. The Court will give Plaintiff one final adjournment in order to find an attorney. The Court will hold a status conference on January 17, 2020 at 12:00 p.m. If Plaintiff has not retained an attorney by that date, he must appear in person at the conference and be prepared to move forward with this case pro se. (FTR Log #3:50 - 4:02.) (Vasquez, Lea) |
| Filing 38 Letter to the Court from Housam Elachkar regarding change of address. Docket sheet updated to reflect new address as follows: "Housam Elachkar, 269 Skillman Ave #6009, Greenpoint, Brooklyn, NY 11211." (Fernandez, Erica) |
| Filing 37 Mail Returned as Undeliverable. Mag Judge Steven Tiscione's Order dated 10/10/19 addressed to Houssam Elachkar, 99-11 60th Avenue, Apt.# 6A, Corona, NY 11368. Postal notation: "Return to Sender, not deliverable as addressed, unable to forward" (Fernandez, Erica) |
| Filing 36 Letter and Declaration to the Honorable Steven L. Tiscione regarding lien for costs and disbursements incurred by Bromberg Law Office, P.C. by Houssam Elachkar (Attachments: #1 Declaration Regarding Costs and Disbursements Incurred by Bromberg Law Office, P.C., #2 Exhibit A -- Bills for Service from Capital Process Servers, Inc., #3 Exhibit B -- Bill for Medical Records, #4 Exhibit C -- Printout of Statement Showing Federal Express Bills, #5 Certificate of Service) (Bromberg, Brian) |
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Counsel for Plaintiff has complied with the Court's Order and has provided Plaintiff Elachkar's contact information. Accordingly, attorney Brian L. Bromberg is terminated as counsel for Plaintiff. The Clerk of Court is directed to update the docket sheet reflecting Plaintiff's pro se status and adding the contact information as provided in docket entry #34 . So Ordered by Magistrate Judge Steven Tiscione on 10/10/2019. (Vasquez, Lea)
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| Filing 35 Minute Order for Motion Hearing held on 10/3/2019 before Magistrate Judge Steven Tiscione: Bromberg with Elachkar; Levin, Nelson & Frail for Defendants. For the reasons discussed on the record, the Motion to Withdraw as counsel #29 is granted. Plaintiff's counsel is directed to file a letter on ECF with Plaintiff's contact information so that the docket can be updated to reflect Plaintiff's pro se status. Once the letter is filed, Mr. Bromberg will be terminated as attorney of record. At Plaintiff's request, the Court will give Plaintiff 60 days to retain a new attorney. The Court will hold an in- person status conference on December 3, 2019 at 3:30 p.m. If plaintiff has not retained a new attorney by that time, he must appear at the conference. (FTR Log #10:40 - 11:30.) (Vasquez, Lea) |
| Filing 34 Letter to the Honorable Steven L. Tiscione, providing contact information for Plaintiff Houssam Elachkar (Typo Corrected in FedEx Waybill to Mr. Elachkar Attached) by Houssam Elachkar (Bromberg, Brian) |
| Filing 33 Letter to the Honorable Steven L. Tiscione, providing contact information for Plaintiff Houssam Elachkar by Houssam Elachkar (Bromberg, Brian) |
| Filing 32 Letter to the Honorable Steven Tiscione, with copy of letter to Houssam Elachkar attached, together with copies of the Orders enclosed with the letter to Mr. Elachkar, together with proof of mailing by Federal Express and by Certified Mail, Return Receipt Requested, plus proof of delivery from Federal Express, but failure to deliver from U.S. Postal Service website by Houssam Elachkar (Bromberg, Brian) |
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ORDER granting #30 Motion to Adjourn Conference: The hearing scheduled for September 13th will instead be held at 10:00 a.m. on October 3, 2019. Counsel for Plaintiff is reminded that this Court directed him to file proof of delivery of the Court's previous Order with the Court. As of this date, there has been no proof of delivery filed. Counsel for plaintiff is once again directed to serve his client with this Order rescheduling the September 13th conference and file proof of delivery no later than September 17th. So Ordered by Magistrate Judge Steven Tiscione on 9/10/2019. (Vasquez, Lea)
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| Filing 31 Letter supplementing motion to adjourn conference to October 3, 2019 by Houssam Elachkar (Bromberg, Brian) |
| Filing 30 MOTION to Adjourn Conference from September 13, 2019, to October 3, 2019 by Houssam Elachkar. (Bromberg, Brian) |
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SCHEDULING ORDER re #29 Status Report, Letter filed by Houssam Elachkar: The Court construes Plaintiff's letter #29 as a Motion to Withdraw as counsel. As such, an in-person hearing will be held before the undersigned at 10:00 a.m. on September 13, 2019 in Hearing Room N504 in the North Wing. Mr. Elachkar must attend the conference in person along with all counsel. Counsel for Plaintiff is directed to serve his client with a copy of this Order via return receipt delivery and file proof of delivery with the Court. So Ordered by Magistrate Judge Steven Tiscione on 9/4/2019. (Vasquez, Lea)
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| Filing 29 STATUS REPORT and MOTION to Withdraw as Attorney by Houssam Elachkar, Letter requesting pre-motion conference for Brian L. Bromberg and the Bromberg Law Office, P.C. to be relieved as counsel by Houssam Elachkar (Bromberg, Brian) Modified on 10/9/2019 (Vasquez, Lea). |
| Filing 28 Minute Order for Motion Hearing held on 8/19/2019 before Magistrate Judge Steven Tiscione: Bromberg for Plaintiff; Levin & Nelson for Defendants. Plaintiff's counsel reports that he has been unable to contact his client and his last attempts to mail letters have been returned as undeliverable. Plaintiff's Motion to Stay #26 is granted. Defendant's First MOTION for Extension of Time to File Response/Reply as to 8 Answer to Complaint, Crossclaim #27 is also granted. The deadline for Defendants to Answer is held in abeyance until Plaintiff is located and the parties can address the motion to compel. Plaintiff's counsel shall continue to make attempts to contact his client and file a status report by September 13, 2019. (FTR Log #2:03 - 2:15.) (Vasquez, Lea) |
| Filing 27 First MOTION for Extension of Time to File Response/Reply as to #8 Answer to Complaint, Crossclaim (First motion to request enlargment of City Def's time to Respond to MTA Cross Claims) by Mariarit Acquista, City of New York, Jean Lormestil. (Levin, Joshua) |
| Filing 26 MOTION to Stay re Order on Motion to Compel,, Set Motion and R&R Deadlines/Hearings, #25 First MOTION to Compel 160.50 - SUPPLEMENTAL ADDENDUM, #24 First MOTION to Compel 160.50/HIPAA and to hold Answers in abeyance until receipt , MOTION for pre motion conference re Order on Motion to Compel,, Set Motion and R&R Deadlines/Hearings, #25 First MOTION to Compel 160.50 - SUPPLEMENTAL ADDENDUM, #24 First MOTION to Compel 160.50/HIPAA and to hold Answers in abeyance until receipt by Houssam Elachkar. (Bromberg, Brian) |
| Filing 25 First MOTION to Compel 160.50 - SUPPLEMENTAL ADDENDUM by Mariarit Acquista, City of New York, Jean Lormestil. (Levin, Joshua) |
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ORDER deferring ruling on #24 Motion to Compel. Plaintiff shall file a response by 8/15/2019. An in-person hearing will be held at 2:00 p.m. on August 19, 2019 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. So Ordered by Magistrate Judge Steven Tiscione on 8/13/2019. (Vasquez, Lea)
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| Filing 24 First MOTION to Compel 160.50/HIPAA and to hold Answers in abeyance until receipt by Mariarit Acquista, City of New York, Jean Lormestil. (Levin, Joshua) |
| Filing 23 SUMMONS Returned Executed by Houssam Elachkar. Jean Lormestil served on 7/22/2019, answer due 8/12/2019. (Bromberg, Brian) |
| Filing 22 Summons Issued as to Jean Lormestil. (Fernandez, Erica) |
| Filing 21 Proposed Summons. Re #20 Amended Complaint by Houssam Elachkar (Bromberg, Brian) |
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ORDER granting #17 Motion for Extension of Time to August 12th to serve the amended summons and complaint upon Police Officer Jean Lormestil. So Ordered by Magistrate Judge Steven Tiscione on 7/11/2019. (Vasquez, Lea)
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ORDER granting #19 Motion to Adjourn Conference: The initial conference scheduled for July 15th will instead be held at 10:00 a.m. on September 20, 2019. Answers or responses for Defendant City of New York and Police Officer Acquista will be due by September 13th. So Ordered by Magistrate Judge Steven Tiscione on 7/11/2019. (Vasquez, Lea)
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| Filing 20 AMENDED COMPLAINT against Mariarit Acquista, City of New York, Metropolitan Transportation Authority, New York City Transit Authority, Jean Lormestil, John Doe 1 through 4, filed by Houssam Elachkar. (Bromberg, Brian) |
| Filing 19 First MOTION to Adjourn Conference and to hold Answers in abeyance until after all parties are joined, by City of New York. (Levin, Joshua) |
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Filing 18
ORDER re #13 Motion to Amend/Correct/Supplement: Appllication granted. Ordered by Judge Carol Bagley Amon on 7/3/2019. (Fernandez, Erica)
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| Filing 17 Letter MOTION for Extension of Time to File Executed Return of Service regarding Police Officer Jean Lormestil because Motion to Amend Complaint to add P.O. Lormestil is pending by Houssam Elachkar. (Bromberg, Brian) |
| Filing 16 RESPONSE to Motion re #13 Letter MOTION to Amend/Correct/Supplement #1 Complaint, to replace one of the John Does with the name of an officer, Jean Lormestil, whose name Plaintiff learned on June 19, 2019 filed by Metropolitan Transportation Authority, New York City Transit Authority. (Rapisardi, Daniela) |
| Filing 15 RESPONSE to Motion re #13 Letter MOTION to Amend/Correct/Supplement #1 Complaint, to replace one of the John Does with the name of an officer, Jean Lormestil, whose name Plaintiff learned on June 19, 2019 filed by City of New York. (Levin, Joshua) |
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Filing 14
ORDER: Defendants are directed to file a letter with the Court by 7/2/19 indicating their position on this application. Ordered by Judge Carol Bagley Amon on 6/26/2019. (Fernandez, Erica)
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| Filing 13 Letter MOTION to Amend/Correct/Supplement #1 Complaint, to replace one of the John Does with the name of an officer, Jean Lormestil, whose name Plaintiff learned on June 19, 2019 by Houssam Elachkar. (Attachments: #1 Exhibit A -- Proposed Amended Complaint, #2 Exhibit B -- Redlined Proposed Amended Complaint) (Bromberg, Brian) |
| Filing 12 NOTICE of Change of Address from 21st Floor to 27th Floor, at 26 Broadway, NYC 10004 (Bromberg, Brian) |
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ORDER granting #10 Motion for Extension of Time to July 19, 2019 to Answer for City of New York answer and granting #11 Motion for Extension of Time to July 22, 2019 to Answer for Mariarit Acquista. So Ordered by Magistrate Judge Steven Tiscione on 5/20/2019. (Vasquez, Lea)
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| Filing 11 First MOTION for Extension of Time to File Answer re #10 First MOTION for Extension of Time to File Answer , with Def MTA/NYCTA consent by City of New York. (Levin, Joshua) |
| Filing 10 First MOTION for Extension of Time to File Answer by City of New York. (Levin, Joshua) |
| Filing 9 NOTICE of Appearance by Joshua Michael Levin on behalf of City of New York (aty to be noticed) (Levin, Joshua) |
| Filing 8 ANSWER to Complaint , CROSSCLAIM against Mariarit Acquista, City of New York by Metropolitan Transportation Authority, New York City Transit Authority. (Chang, Peter) |
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Filing 7
SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on July 15, 2019 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than July 11th. So Ordered by Magistrate Judge Steven Tiscione on 5/15/2019. (Vasquez, Lea)
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| Filing 6 SUMMONS Returned Executed by Houssam Elachkar. Mariarit Acquista served on 5/2/2019, answer due 5/23/2019. (Bromberg, Brian) |
| Filing 5 Summons Issued as to Mariarit Acquista, City of New York, Metropolitan Transportation Authority, New York City Transit Authority. (Attachments: #1 Summon, #2 Summon, #3 Summon) (Davis, Kimberly) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 2 Proposed Summons. Re #1 Complaint, by Houssam Elachkar (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons) (Bromberg, Brian) |
| Filing 1 COMPLAINT against Mariarit Acquista, City of New York, JOHN DOE (1-5), Metropolitan Transportation Authority, New York City Transit Authority filing fee $ 400, receipt number ANYEDC-11382864 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Houssam Elachkar. (Attachments: #1 Civil Cover Sheet) (Bromberg, Brian) |
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