Watson v. Banner et al
| Travis Watson |
| Eddie Banner, John Cruz, Tabitha Gales and John Murphy |
| 1:2019cv03563 |
| June 17, 2019 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| James Orenstein |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Filing 15 Mail Returned as Undeliverable. Copy of Documents: #2 Rule 73 and Pro Se Registration and Consent to Electronic Notification was mailed to pro se Travis Watson at 657 Classon Avenue, Brooklyn, NY 11238. Envelope marked: "Return to Sender. Not Deliverable As Addressed. Unable to Forward." (Latka-Mucha, Wieslawa) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
ORDER REFERRING CASE to Mediation. Mediation shall be completed by September 20, 2019. Selection of Mediator due by 8/19/2019. Ordered by Magistrate Judge James Orenstein on 7/29/2019. (Guy, Alicia)
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Stipulation of dismissal with prejudice. Party John Cruz and John Murphy terminated. Ordered by Judge Ann M. Donnelly on 7/25/2019. (Greene, Donna)
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| Filing 14 STIPULATION of Dismissal by John Cruz, John Murphy (Swearengen, Kate) |
| Filing 13 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 7/23/2019. The plaintiff and the union defendants (Murphy and Cruz) anticipate filing a stipulation of dismissal. The plaintiff and the federal defendants ((Banner and Gales) consent to a referral to mediation. If those parties cannot reach an agreement, I will afford the plaintiff an opportunity to file an amended complaint, which will moot the federal defendants' motion for a more definite statement. I respectfully direct the parties to file a joint status report by September 23, 2019; I will schedule further proceedings as appropriate after reviewing the report. (Orenstein, James) |
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ORDER finding as moot #7 Motion for More Definite Statement -- see docket entry #13 . Ordered by Magistrate Judge James Orenstein on 7/23/2019. (Orenstein, James)
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| Filing 12 CERTIFICATE OF SERVICE by John Cruz, John Murphy of the Order dated July 2, 2019 (Swearengen, Kate) |
| Filing 11 RESPONSE to Motion re #9 Letter MOTION to Adjourn Conference filed by Travis Watson. (Herrera, Isaiah) |
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ORDER granting #9 Motion to Adjourn Conference -- The motion is granted on consent. The initial conference previously scheduled for July 18, 2019, is rescheduled for July 23, 2019, at 3:30 p.m. Counsel for the defendants shall promptly provide a copy of this order to the plaintiff. Ordered by Magistrate Judge James Orenstein on 7/2/2019. (Gustafson, Kaelyn)
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| Filing 10 CERTIFICATE OF SERVICE by John Cruz, John Murphy of the Letter Motion to Adjourn Conference dated July 1, 2019 and the Order dated July 1, 2019 (Swearengen, Kate) |
| Filing 9 Letter MOTION to Adjourn Conference by John Cruz, John Murphy. (Swearengen, Kate) |
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ORDER re #9 Letter MOTION to Adjourn Conference -- I respectfully direct the plaintiff to respond to Defendant Murphy's and Defendant Cruz's motion to adjourn the initial conference by July 3, 2019. Counsel for Defendant Murphy and Defendant Cruz shall promptly provide a copy of this order to the plaintiff. Ordered by Magistrate Judge James Orenstein on 7/1/2019. (Gustafson, Kaelyn)
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| Filing 8 CERTIFICATE OF SERVICE by Eddie Banner, Tabitha Gales of the Order dated June 20, 2019, Scheduling Order dated June 21, 2019, and Motion for a More Definite Statement dated June 24, 2019 (Cho, James) |
| Filing 7 MOTION for More Definite Statement by Eddie Banner, Tabitha Gales. (Cho, James) |
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Filing 6
SCHEDULING ORDER: I will hold an initial discovery planning conference pursuant on July 18, 2019, at 11:00 a.m. in Courtroom 11D South on the 11th floor of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Because the plaintiff is proceeding without counsel, I will not require the parties to engage in a formal meeting in advance of the conference. However, I encourage the parties to meet, in person or by telephone, before the date of the conference to discuss the types of information each side will need to prepare for trial (such as documents, photographs, interviews of potential fact witnesses, medical or other examinations, and expert reports) as well as the information each already has and expects to present. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 6/21/2019. c/m to plaintiff. (Guy, Alicia)
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Filing 5
ORDER denying #4 Motion to Appoint Counsel -- The motion to appoint counsel is denied. There is no right to counsel in a civil case. Leftridge v. Conn. State Trooper Officer #1283, 640 F.3d 62, 68-69 (2d Cir. 2011) (citations omitted); Martin-Trigona v. Lavien, 737 F.2d 1254, 1260 (2d Cir. 1984). The court cannot compel an attorney to take a civil case without a fee. Mallard v. United States District Court, 490 U.S. 296, 298 (1989). The court can do no more than exercise its discretion to "request an attorney to represent any person unable to afford counsel." 28 U.S.C. 1915(e)(1). In deciding whether to make such a request, the court "should first determine whether the indigent's position seems likely to be of substance" and, if so, "the court should then consider the indigent's ability to investigate the crucial facts, whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder, the indigent's ability to present the case, the complexity of the legal issues and any special reason in that case why appointment of counsel would be more likely to lead to a just determination." Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986); see also Spencer v. Casavilla, 903 F.2d 171, 176 (2d Cir. 1990) (citing Hodge in considering need to appoint counsel for a civil defendant). Without offering any opinion as to whether the plaintiff's position seems likely to be of substance, I conclude that the remaining factors do not warrant the court making a request for volunteer counsel on the plaintiff's behalf. Ordered by Magistrate Judge James Orenstein on 6/20/2019. (Gustafson, Kaelyn)
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| Filing 4 MOTION to Appoint Counsel by Travis Watson. (Herrera, Isaiah) |
| Filing 3 NOTICE of Change of Address. Address updated on docket. (Herrera, Isaiah) |
| Filing 2 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. (Williams, Erica) |
| Filing 1 NOTICE OF REMOVAL by Eddie Banner, Tabitha Gales from Civil Court of the City of New York, County of Kings, case number CV-009517-19/KI. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
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