Samanich v. Facebook et al
| Uddhava Samanich |
| Uber, Twitter and Facebook |
| 1:2020cv04058 |
| August 31, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Kiyo A Matsumoto |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on July 9, 2021. A more recent docket listing may be available from PACER.
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Filing 36
JUDGMENT: It is ORDERED and ADJUDGED that Plaintiff's motion to remand is denied; that Defendants' motion to dismiss Plaintiff's complaint is granted, with prejudice; and that judgment is hereby entered in favor of Defendants. ORDERED by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 7/9/2021. C/mailed to plaintiff with appeals packet. (Latka-Mucha, Wieslawa)
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Filing 35
ORDER denying Plaintiff's #26 Motion to Remand to State Court; granting Defendants' joint #31 Motion to Dismiss for Failure to State a Claim. As the court finds Plaintiff's claims to be time-barred, any amendment would be futile, and thus Plaintiff's complaint is dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment in favor of Defendants, serve a copy of this Memorandum and Order and the judgment on Plaintiff, note service on the docket, and close this case. Ordered by Judge Kiyo A. Matsumoto on 7/8/2021. (Rodriguez Armenta, Elena)
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Filing 34
CERTIFICATE OF SERVICE by Facebook re #31 Joint MOTION to Dismiss for Failure to State a Claim , #32 Reply in Support, #33 Letter (Pincus, Mark)
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Filing 33
Letter by Facebook, Twitter, Uber (Pincus, Mark)
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Filing 32
REPLY in Support re #31 Joint MOTION to Dismiss for Failure to State a Claim filed by Facebook, Twitter, Uber. (Pincus, Mark)
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Filing 31
Joint MOTION to Dismiss for Failure to State a Claim by Facebook, Twitter, Uber. (Attachments: #1 Memorandum in Support) (Pincus, Mark)
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Filing 30
NOTICE re: "MOTION of Due Process Clause" from Uddhava Samanich. (Tavarez, Jennifer)
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Filing 29
REPLY in Opposition re #27 Memorandum in Opposition filed by Uddhava Samanich. (Tavarez, Jennifer)
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Filing 28
CERTIFICATE OF SERVICE by Facebook, Twitter, Uber re #27 Memorandum in Opposition (Pincus, Mark)
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Filing 27
MEMORANDUM in Opposition re #26 MOTION to Remand to State Court / Change Venue to Civil Supreme Court filed by Facebook, Twitter, Uber. (Pincus, Mark)
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SCHEDULING ORDER: The court's October 8, 2020 Minute Entry and Scheduling Order directed that if Mr. Samanich wished to move to remand this case to state court, he "should send a copy of his motion papers to counsel for Facebook by November 2, 2020." Instead, Mr. Samanich prematurely filed his motion with the court (ECF No. #26 ). Accordingly, the defendants may oppose Mr. Samanich's motion by filing their opposition(s) with the court via ECF by the date established for their opposition(s) in the court's October 8 Minute Entry and Scheduling Order (i.e., by January 4, 2021). Defendants should serve their opposition(s) upon Mr. Samanich, and Mr. Samanich may file his reply, if any, by January 25, 2021.The parties should continue to adhere to the court's briefing schedule for the defendants' motion to dismiss. Mr. Samanich should send his opposition to the defendants' motion to counsel for Facebook by January 4, 2021. Defendants may reply, and upload the fully-briefed motion, by January 25, 2021.Counsel for Facebook should serve a copy of this Order upon Mr. Samanich, and should also file proof of service on the docket, by close of business on December 2, 2020. Ordered by Judge Kiyo A. Matsumoto on 11/30/2020. (Mayer, Michael)
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Filing 26
MOTION to Remand to State Court / Change Venue to Civil Supreme Court by Uddhava Samanich. (Tavarez, Jennifer)
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Filing 25
CERTIFICATE OF SERVICE by Facebook re Pre Motion Conference,,,,,,, (Pincus, Mark)
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ORDER clarifying the court's October 8, 2020 Minute Entry and Scheduling Order: Counsel for Facebook should serve a copy of the October 8 Minute Entry and Scheduling Order upon Mr. Samanich, and should also file proof of service on the docket, by close of business today, October 9, 2020. Ordered by Judge Kiyo A. Matsumoto on 10/9/2020. (Mayer, Michael)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 10/8/2020. Appearance for Plaintiff: Uddhava Samanich, pro se. Appearance for Facebook: Mark Scott Pincus, Esq. Appearance for Twitter: Brian M. Willen, Esq. Appearance for Uber: David John Fioccola, Esq.The court conducted a pre-motion conference by telephone to discuss the defendants' anticipated motion to dismiss. Mr. Samanich indicated that he may wish to file a motion to remand this case to state court. The court ORDERED the following briefing schedules.For defendants' motion to dismiss, the parties should adhere to the following schedule: Defendants shall serve a copy of their motion papers upon Mr. Samanich by November 2, 2020. Mr. Samanich should send by his opposition papers to counsel for Facebook by January 4, 2021. Defendants may serve a reply, and defendants should upload all motion papers to ECF at the same time, in logical order, by January 25, 2021.If Mr. Samanich wants to file a motion to remand the case to state court, the parties should adhere to the following schedule: Mr. Samanich should send a copy of his motion papers to counsel for Facebook by November 2, 2020. Defendants may serve their opposition papers by January 4, 2021. Mr. Samanich may send back a reply by January 25, 2021. Once counsel for Facebook receives the reply, counsel shall upload all motion papers to ECF in logical order. Defendants are reminded to comply with the federal and local rules for serving papers upon pro se parties. All parties are advised to adhere to the briefing schedules described above, and to not file any other papers with the court beyond those specifically addressing these motions.Counsel for Facebook is directed to serve a copy of this Minute Entry and Order upon Mr. Samanich. Ordered by Judge Kiyo A. Matsumoto on 10/8/2020. (Court Reporter Denise Parisi.) (Mayer, Michael)
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Filing 24
Letter from Uddhava Samanich to Judge Matsumoto dated 10/5/2020 attaching Documents from Queens NY Supreme Court case. (Herrera, Isaiah)
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Filing 23
NOTICE of Appearance by Adam James Hunt on behalf of Uber (aty to be noticed) (Hunt, Adam)
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Filing 22
ORDER: In light of the pre-motion conference scheduled before Judge Matsumoto on October 8, Facebook's requests for an extension of time to respond to the complaint, ECF Nos. #6 and #7 , are denied as moot. Ordered by Magistrate Judge Lois Bloom on 10/5/2020. (Rein, Gilbert)
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Filing 21
Letter from Uddhava Samanich to Judge Matsumoto dated 9/28/2020 attaching documents about "unsettled insurance". (Herrera, Isaiah)
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Filing 20
CERTIFICATE OF SERVICE by Uber re #18 Letter (Fioccola, David)
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Filing 19
CERTIFICATE OF SERVICE by Facebook of Court's September 18 Text Order (Pincus, Mark)
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Filing 18
Letter Regarding Uber's Intent to Move to Dismiss by Uber (Fioccola, David)
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Filing 17
CERTIFICATE OF SERVICE by Twitter re #14 Letter (Willen, Brian)
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ORDER granting #8 Facebook's Motion for Pre-Motion Conference. All defendants have consented to remove this case to federal court, and defendants Facebook and Twitter have indicated that they intend to move to dismiss Plaintiff's complaint. This court shall hold a pre-motion conference by telephone on Thursday, October 8, 2020, at 2:00 p.m. All parties should dial into the conference with the court at that time by calling 1-888-684-8852 and entering the following access code: 1312089.Counsel for Facebook is directed to serve a copy of this Scheduling Order on Mr. Samanich and file proof of service on the docket by Monday, September 21, 2020. Mr. Samanich may file a response to Defendant's pre-motion letters by promptly sending his response to the U.S. District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY, 11201, and referencing case number 20-cv-4058(KAM)(LB). Defendant Uber should also indicate whether they intend to move to dismiss by filing a letter via ECF, and serving a copy of their letter upon Plaintiff, by Tuesday, September 22, 2020. Ordered by Judge Kiyo A. Matsumoto on 9/18/2020. (Mayer, Michael)
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Filing 16
NOTICE by Uber re #1 Notice of Removal, Consent to Removal (Fioccola, David)
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Filing 15
NOTICE of Appearance by David John Fioccola on behalf of Uber (aty to be noticed) (Fioccola, David)
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Filing 14
Letter to the Honorable Matsumoto re Facebook, Inc.'s request for pre-motion conference [Dkt. 8] by Twitter (Willen, Brian)
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Filing 13
CERTIFICATE OF SERVICE by Twitter re #10 Notice of Appearance, #11 Corporate Disclosure Statement, #12 Notice(Other) (Willen, Brian)
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Filing 12
NOTICE by Twitter re #1 Notice of Removal, Twitter, Inc.'s Consent to Removal (Willen, Brian)
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Filing 11
Corporate Disclosure Statement by Twitter (Willen, Brian)
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Filing 10
NOTICE of Appearance by Brian M. Willen on behalf of Twitter (aty to be noticed) (Willen, Brian)
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ORDER deferring ruling on #8 Facebook's Motion for Pre-Motion Conference. Under 28 U.S.C. 1446(b)(2)(A), all defendants must consent to removal in order for removal of this action to be proper. The court will await the appearances of the other two defendants before scheduling a pre-motion conference. Ordered by Judge Kiyo A. Matsumoto on 9/10/2020. (Mayer, Michael)
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Filing 9
CERTIFICATE OF SERVICE by Facebook re #2 Corporate Disclosure Statement, #3 Proposed Summons/Civil Cover Sheet, #4 Clerks Notice of Rule 73,,, #1 Notice of Removal, #8 Letter MOTION for pre motion conference concerning motion to dismiss for failure to state a claim (Pincus, Mark)
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Filing 8
Letter MOTION for pre motion conference concerning motion to dismiss for failure to state a claim by Facebook. (Pincus, Mark)
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Filing 7
MOTION for Extension of Time to File Answer re #6 MOTION for Extension of Time to File Answer , Motion, or Other Response Corrected by Facebook. (Pincus, Mark)
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Filing 6
MOTION for Extension of Time to File Answer , Motion, or Other Response by Facebook. (Pincus, Mark)
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Filing 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
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Filing 4
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)
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Filing 3
Civil Cover Sheet.. by Facebook (Pincus, Mark)
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Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly)
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Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Lois Bloom. 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)
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Filing 2
Corporate Disclosure Statement by Facebook (Pincus, Mark)
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Filing 1
NOTICE OF REMOVAL by Facebook from Supreme Court, Queens County, case number 710421/2020. ( Filing fee $ 400 receipt number ANYEDC-13293194) (Attachments: #1 Exhibit A (Summons and Complaint), #2 Exhibit B (Application for Poor Person Relief), #3 Exhibit C (Poor Person Order), #4 Exhibit D (Plaintiff's Addendum), #5 Exhibit E (Notice of Filing)) (Pincus, Mark)
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