O'Diah v. Discover Bank et al
| Aror-Ark O'Diah |
| Discover Bank, Weill Cornell Medicine, New York Medical and Diagnostic Center, Colleen McCarthy, Discover Bank Credit Card, Weill Cornell Internal Medicine Associates, Szekum Tam, New York-Presbyterian Lower Manhattan Hospital, Ellen Hawa, New York City Human Resources Administration, Florence Mercer, Jason Ausmus, Discover, Ortho-Neuro-Musculo-Skeletal Diagnostic and Treatment Center and All Centers Physicians and Medical Doctors, Discover Bank Credit Card Operations Managers, Samuel Roberts and Social Security Administration |
| 1:2019cv02730 |
| May 7, 2019 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Pamela K Chen |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 29 NOTICE OF APPEAL as to #28 Clerk's Judgment, and Judge Chen's Electronic Orders of 6/10/19 and 6/18/19 dismissing Case, by Aror-Ark O'Diah. No fee paid. IFP denied for purposes of appeal. Please note that although denied IFP, Appellant includes a request for the fee to be waived. Service done electronically. Please further note that Appellant's paperwork reflect his wish for this Notice of Appeal to be heard in the U.S. Court of Appeals for the Ninth Circuit. The Appellant cites cases 3:19-cv-00816 and 19-16052 - Ninth Circuit Appeal, but here is no indication that a motion is pending or an Order was rendered in the Ninth Circuit regarding a change of venue. (Attachments: #1 Letter dated 7/1/19 from Appellant regarding Notice of Appeal, #2 Affidavit in Support of Request for In Forma Pauperis Status on Appeal, #3 Certificate of Services on Notice of Appeal) (McGee, Mary Ann) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #29 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
| Filing 28 CLERK'S JUDGMENT- ORDERED and ADJUDGED that the action is dismissed; that pursuant to 28 U.S.C. 1915(a)(3) any appeal from this Order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal; See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signed by Douglas C. Palmer, Clerk of Court by Tiffany Campbell Deputy Clerk on 6/20/2019. (Love, Alexis) |
ORDER: Plaintiff's #27 reply to the Court indicates that he does not intend to comply with #25 the Court's May 29, 2019 Order and the Court's June 10, 2019 Order, which require Plaintiff to file both a motion for leave to commence this action and an amended complaint in order to proceed with this action. Accordingly, this action is dismissed. 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 the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to enter judgment and close this case accordingly. Ordered by Judge Pamela K. Chen on 6/18/2019. (Knapp, Cody)
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| Filing 27 REPLY in Opposition re Judge Chen's June 10, 2019 Scheduling Order filed by Aror-Ark O'Diah. (Attachments: #1 Certificate of Service) (Love, Alexis) |
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ORDER: The Court construes #26 Plaintiff's reply as a motion for reconsideration of #25 the Court's 5/29/19 Order denying Plaintiff's motion to vacate. Because Plaintiff has not pointed the Court to controlling decisions or materials that it overlooked in its 5/29/19 Order, the Court denies #26 Plaintiff's motion for reconsideration. A motion for reconsideration "is not a vehicle for re[-]litigating old issues...or otherwise taking a 'second bite at the apple,'" Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012) (quoting Sequa Corp. v. GBJ Corp., 156 F.3d 136, 144 (2d Cir. 1998)), yet that is all that Plaintiff's motion seeks to do. Accordingly, #26 the motion is DENIED. Plaintiff is reminded that he has until June 28, 2019 to file an amended complaint, which may only assert a claim appealing the decision of the Social Security Administration, as previously indicated in #25 the Court's 5/29/19 Order. Ordered by Judge Pamela K. Chen on 6/10/2019. (Knapp, Cody)
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| Filing 26 REPLY in Opposition re #25 Memorandum & Opinion filed by Aror-Ark O'Diah. (Love, Alexis) |
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Filing 25
ORDER: For the reasons stated in the attached Memorandum and Order, Plaintiff's [24-2] motion to vacate #20 the May 7, 2019 Order by the Honorable William Alsup is denied. If Plaintiff wishes to proceed with this action, he must file a motion for leave to commence this action within twenty (20) days of this Order. The only claim the Court will entertain, and thus the only claim that Plaintiff should seek to pursue in his motion for leave to commence this action, is an appeal of the final decision by the Commissioner of the SSA finding Plaintiff disabled as of September 27, 2016. In order to facilitate the efficient response to and consideration of Plaintiff's Social Security appeal, Plaintiff shall also file an amended complaint within twenty (20) days of this Order. If Plaintiff fails to file both a motion for leave to commence this action and an amended complaint that complies with this Order within the time allowed, this action will be dismissed with prejudice. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith, and therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 5/29/2019. (Knapp, Cody)
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| Filing 24 Documents Received From USDC Northern District of California: Order Adopting Report and Recommendation to Dismiss Complaint and to Transfer Single Claim to Proper Venue. (Attachments: #1 Cover Letter, #2 Plaintiff's Notice of Motion, #3 Memorandum of Fact, #4 Notice of Appeal, #5 Mail Receipt, #6 Certificate of Service) (Abdallah, Fida) |
| Filing 23 Case transferred in from District of California Northern; Case Number 3:19-cv-00816. Original file certified copy of transfer order and docket sheet received. |
| The case of O'Diah v. Discover Bank et al, has been transferred from District of California Northern to the Eastern District of New York. The new case number is 19-cv-2730. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
| Filing 22 Remark: Case Transferred to Eastern District of New York (amgS, COURT STAFF) (Filed on 5/7/2019) [Transferred from California Northern on 5/9/2019.] |
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Filing 21
ORDER RE MOTION TO DISMISS [re #3 MOTION for Leave to Proceed in forma pauperis filed by Aror-Ark O'Diah]. Signed by Judge William Alsup on 5/7/2019. (whasec, COURT STAFF) (Filed on 5/7/2019) [Transferred from California Northern on 5/9/2019.]
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Filing 20
ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS COMPLAINT AND TO TRANSFER SINGLE CLAIM TO PROPER VENUE. Signed by Judge William Alsup on 5/7/2019. (whasec, COURT STAFF) (Filed on 5/7/2019) [Transferred from California Northern on 5/9/2019.]
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| Filing 19 CERTIFICATE OF SERVICE and of Filing New York City Human REsoruces Waiver of the Service of Summons by Aror-Ark O'Diah (Attachments: #1 Exhibits, #2 Envelope)(amgS, COURT STAFF) (Filed on 4/29/2019) [Transferred from California Northern on 5/9/2019.] |
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Filing 18
ORDER RELATING CASE. Signed by Judge Alsup on 4/29/2019. (whalc2, COURT STAFF) (Filed on 4/29/2019) (Additional attachment(s) added on 4/30/2019: #1 Certificate/Proof of Service) (tlS, COURT STAFF). [Transferred from California Northern on 5/9/2019.]
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| Filing 17 Judicial Referral for Purpose of Determining Relationship of Cases. Signed by Judge Kandis A. Westmore on 4/23/2019. (kawlc2S, COURT STAFF) (Filed on 4/23/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 16 STIPULATION Enlarging Time for Discover Bank to Answer or Otherwise Respond to Complaint filed by Discover Bank and Aror-Ark O'Diah. (Birnberg, Ethan) (Filed on 4/22/2019) Modified on 4/22/2019 (amgS, COURT STAFF). [Transferred from California Northern on 5/9/2019.] |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by Aror-Ark O'Diah. Service waived by New York City Human Resources Administration waiver sent on 3/22/2019, answer due 5/21/2019. (Attachments: #1 Envelope)(amgS, COURT STAFF) (Filed on 4/5/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 14 CERTIFICATE OF SERVICES and of Filing New York City Human REsources Waiver of the Service of Summons by Aror-Ark O'Diah (Attachments: #1 Envelope)(amgS, COURT STAFF) (Filed on 4/5/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 13 Ex Parte Application for Judicial Intervention Requesting for issuance of summons along with services of the copies of pro-se plaintiff's complaint on all defendants except defendant Discover Bank filed by Aror-Ark O'Diah. (Attachments: #1 supporting documents, #2 cover letter, #3 Envelope)(amgS, COURT STAFF) (Filed on 4/1/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Discover Bank. Service waived by Discover Bank waiver sent on 2/20/2019, answer due 4/22/2019. (Attachments: #1 Exhibit A)(Birnberg, Ethan) (Filed on 3/26/2019) [Transferred from California Northern on 5/9/2019.] |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned to Judge William Alsup for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 3/18/19. (Attachments: #1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 3/18/2019) [Transferred from California Northern on 5/9/2019.]
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| Filing 9 REPORT AND RECOMMENDATION ON PLAINTIFF'S IFP APPLICATION. Objections due by 3/29/2019. Signed by Judge Elizabeth D. Laporte on March 15, 2019. (mllS, COURT STAFF) (Filed on 3/15/2019) (Additional attachment(s) added on 3/28/2019: #1 Certificate/Proof of Service) (mllS, COURT STAFF). [Transferred from California Northern on 5/9/2019.] |
| Filing 10 CERTIFICATE OF SERVICE; by Aror-Ark O'Diah (Attachments: #1 Envelope)(aaaS, COURT STAFF) (Filed on 3/14/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 8 CLERK'S NOTICE: The parties are hereby notified that the Initial Case Management Conference is rescheduled to 5/14/2019 at 10:30 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. The Case Management Statement is now due by 5/7/2019. The deputy clerk hereby certifies that on 3/6/2019 a copy of this notice was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (shyS, COURT STAFF) (Filed on 3/6/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 7 CERTIFICATE OF SERVICE; by Aror-Ark O'Diah re #6 Consent/Declination to Proceed Before a US Magistrate Judge, #4 Letter, #5 Received Document (aaaS, COURT STAFF) (Filed on 2/21/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge; by Aror-Ark O'Diah. (aaaS, COURT STAFF) (Filed on 2/21/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 5 Received Document: COMPLAINT & EXHIBITS; by Aror-Ark O'Diah. (aaaS, COURT STAFF) (Filed on 2/21/2019) (Additional attachment(s) added on 2/22/2019: #1 Envelope) (aaaS, COURT STAFF). [Transferred from California Northern on 5/9/2019.] |
| Filing 4 Letter dated 02/20/19; from Aror-Ark O'Diah re #1 Complaint & Exhibits. (aaaS, COURT STAFF) (Filed on 2/21/2019) (Additional attachment(s) added on 2/22/2019: #1 Envelope) (aaaS, COURT STAFF). [Transferred from California Northern on 5/9/2019.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis ; filed by Aror-Ark O'Diah. (aaaS, COURT STAFF) (Filed on 2/14/2019) [Transferred from California Northern on 5/9/2019.] |
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Filing 2
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/14/2019. Initial Case Management Conference set for 5/21/2019 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 2/14/149. (aaaS, COURT STAFF) (Filed on 2/14/2019) [Transferred from California Northern on 5/9/2019.]
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| Filing 1 COMPLAINT WITH EXHIBIT "A" ATTACHED; (JURY TRIAL DEMAND); (NO PROCESS); (IFP PENDING); against Discover Bank, Discover Bank Credit Card Operations Managers, Ellen Hawa, Colleen McCarthy, Florence Mercer, New York City Human Resources Administration, New York Medical and Diagnostic Center, New York-Presbyterian Lower Manhattan Hospital, Samuel Roberts, Social Security Administration, Szekum Tam, Weill Cornell Medicine. Filed byAror-Ark O'Diah. Consent/Declination due by 2/28/2019. (aaaS, COURT STAFF) (Filed on 2/14/2019) (Additional attachment(s) added on 2/15/2019: #1 Civil Cover Sheet) (aaaS, COURT STAFF). [Transferred from California Northern on 5/9/2019.] |
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