Guerriero v. Diocese of Brooklyn et al
| Pasquale J. Guerriero |
| Diocese of Brooklyn and Shrine Church of St. Bernadette |
| 1:2021cv04923 |
| September 1, 2021 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| James R Cho |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 48 Letter MOTION for Hearing Requesting Conference with Magistrate Judge Cho by Shrine Church of St. Bernadette. (Scahill, Francis) |
| Filing 47 Letter MOTION for Hearing Requesting Conference with Magistrate Judge Cho by Diocese of Brooklyn. (Attachments: #1 Exhibit A: Transcript from April 28, 2022 Hearing) (Morrison, Randall) |
STATUS REPORT ORDER: The parties shall file a joint status letter by 9/19/2022. To the extent plaintiff seeks to depose Sister Immaculate (a/k/a Mackie Boone), the parties shall file a joint letter setting forth their position with respect to the request by 7/8/2022 consistent with para. F.4 of this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 6/18/2022. (Cho, James)
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| Filing 46 STATUS REPORT JOINT by Shrine Church of St. Bernadette (Scahill, Francis) |
| Filing 45 TRANSCRIPT of Proceedings held on April 28, 2022, before Judge Cho. Court Transcriber: Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/8/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/15/2022. (Rocco, Christine) |
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SCHEDULING ORDER: The Court adopts the parties' #44 proposed briefing schedule for Defendants' anticipated motions to dismiss. Defendants shall serve their motions on or before June 30, 2022; Plaintiff shall serve his oppositions on or before July 29, 2022; and Defendants shall serve their replies, if any, on or before August 19, 2022. Ordered by Chief Judge Margo K. Brodie on 6/3/2022. (Ding, Leo)
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| Filing 44 Letter dated 6/2/22 from R. Morrison to Judge Brodie requesting that the Court endorse the parties' agreed-upon briefing schedule for the defendants' motion to dismiss the amended complaint by Diocese of Brooklyn (Morrison, Randall) |
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ORDER denying #41 motion for pre-motion conference by Defendant Diocese of Brooklyn and #42 motion for pre-motion conference by Defendant Shrine Church of St. Bernadette. The parties are directed to confer and file a proposed briefing schedule for Defendants' motions on or before June 2, 2022. Ordered by Chief Judge Margo K. Brodie on 5/23/2022. (Ding, Leo)
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| Filing 43 RESPONSE in Opposition re #42 Letter MOTION for pre motion conference , #41 Letter MOTION for pre motion conference filed by Pasquale J. Guerriero. (Pileika, Ashley) |
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ORDER re #41 and #42 letter motions for pre motion conference. The Court orders Plaintiff to respond to Defendants' letter motions on or before May 18, 2022. Ordered by Chief Judge Margo K. Brodie on 5/11/2022. (Ding, Leo)
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| Filing 42 Letter MOTION for pre motion conference by Shrine Church of St. Bernadette. (Scahill, Francis) |
| Filing 41 Letter MOTION for pre motion conference by Diocese of Brooklyn. (Lynch, Michael) |
| Minute Entry for Discovery Conference proceedings held on 4/28/2022 before Magistrate Judge James R. Cho: Appearances by Ashley Pileika for plaintiff; Randall L. Morrison, Jr. for defendant Diocese of Brooklyn (Diocese); and James Flynn for defendant Shrine Church of St. Bernadette (St. Bernadette). The Court heard argument on plaintiff's request to proceed with additional limited discovery during the pendency of defendants' anticipated motion to dismiss, Dkts. 35, 39. The Court grants in part and denies in part plaintiff's motion for the reasons stated on the record. By 6/13/2022, Defendant Diocese shall produce employment records (or the clergy file) of Nicholas Capua during the time he was assigned to St. Alphonsus. Also by 6/13/2022, parties shall cooperate in locating the Sister Immaculate. By 6/17/2022, parties shall file a joint status letter and inform the Court, inter alia, whether they have located the Sister Immaculate and whether she is fit and able to sit for a deposition. However, the Court is not ordering her deposition at this time. The Court denies, without prejudice, production of records related to allegations of other victims as set forth in its prior 2/11/2022 Order. (AT&T Conference Bridge.) (Gillespie-Cardo, Saudia) |
| Filing 40 EXHIBIT Correct Exhibit 2 - New Hampshire by Pasquale J. Guerriero. Related document: #39 Letter MOTION for Discovery in response to Defendants' letter dated April 22, 2022 (dkt. 38) filed by Pasquale J. Guerriero. (Pileika, Ashley) |
| Filing 39 Letter MOTION for Discovery in response to Defendants' letter dated April 22, 2022 (dkt. 38) by Pasquale J. Guerriero. (Attachments: #1 Exhibit Letter motions filed in Poly Prep, #2 Exhibit Summary of abuse/victim accounts in New Hampshire, #3 Exhibit Summary of abuse/victim accounts in Colorado) (Pileika, Ashley) |
| Filing 38 Letter responding to Plaintiff's April 11, 2022 ex parte application by Diocese of Brooklyn (Morrison, Randall) |
| Filing 37 AMENDED COMPLAINT against Diocese of Brooklyn, Shrine Church of St. Bernadette, filed by Pasquale J. Guerriero. (Attachments: #1 Exhibit Father Capuas employment file from St. Bernadette) (Pileika, Ashley) |
| Filing 36 Letter responding to Plaintiff's April 7, 2022 ex parte application by Diocese of Brooklyn (Morrison, Randall) |
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SCHEDULING ORDER: In light of Dkt. #36 , by April 22, 2022, plaintiff shall file an amended complaint with the documents described annexed thereto. On April 11, 2022, plaintiff filed an ex parte application seeking, inter alia, additional discovery (Dkt. 35 ). Plaintiff shall serve a copy of the motion on defendant Diocese of Brooklyn (Diocese). Defendant Diocese shall respond to plaintiff's request for additional discovery by April 22, 2022. The April 19, 2022 hearing is adjourned to April 28, 2022 at 10 a.m. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. The parties should come prepared to address plaintiff's motion for additional discovery. Ordered by Magistrate Judge James R. Cho on 4/15/2022. (Grieff, Robin)
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SCHEDULING ORDER. On April 7, 2022, plaintiff filed an ex parte application challenging the designation of documents Bates labeled Guerriero_BK 1-4 as confidential. Plaintiff shall serve a copy of the request on defendant Diocese of Brooklyn (Diocese). Defendant Diocese shall respond to plaintiff's motion by April 15, 2022. A telephonic hearing on plaintiff's motion is scheduled for April 19, 2022 at 12:30 p.m. before Magistrate Judge James R. Cho. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Ordered by Magistrate Judge James R. Cho on 4/9/2022. (Cho, James)
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ORDER granting #33 Motion for Protective Order. Ordered by Magistrate Judge James R. Cho on 3/30/2022. (Gillespie-Cardo, Saudia)
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| Filing 33 Letter MOTION for Protective Order by Diocese of Brooklyn. (Attachments: #1 Stipulation and [Proposed] Order for the Production and Exchange of Confidential Information) (Morrison, Randall) |
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ORDER denying #24 motion for pre-motion conference. In view of Plaintiff's anticipated amended complaint, Defendant's motion for pre-motion conference is denied with leave to refile, if necessary, after the filing of the amended complaint. Ordered by Chief Judge Margo K. Brodie on 3/25/2022. (Ding, Leo)
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ORDER denying #25 motion for pre-motion conference. In view of Plaintiff's anticipated amended complaint, Defendant's motion for pre-motion conference is denied with leave to refile, if necessary, after the filing of the amended complaint. Ordered by Chief Judge Margo K. Brodie on 3/25/2022. (Ding, Leo)
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| Filing 32 NOTICE of Appearance by James Gerard Flynn on behalf of Shrine Church of St. Bernadette (aty to be noticed) (Flynn, James) |
| Filing 31 STATUS REPORT by Diocese of Brooklyn (Morrison, Randall) Modified to add motion on 3/14/2022 (Gillespie-Cardo, Saudia). |
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ORDER granting #31 Motion for Extension of Time to Amend. Plaintiff shall file an amended complaint by April 1, 2022. Ordered by Magistrate Judge James R. Cho on 3/14/2022. (Gillespie-Cardo, Saudia)
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| Incorrect Case/Document/Entry Information. Notices of Appearances must be filed using the log in and password of the attorney making the appearance. Counsel is directed to re-file their Notice of Appearance using their own log in and password in order to be listed as counsel and receive electronic notices. Re: Document #30. (Piper, Francine) |
| Filing 30 NOTICE of Appearance by Francis Jarlath Scahill on behalf of Shrine Church of St. Bernadette (notification declined or already on case) (Scahill, Francis) |
| Filing 29 TRANSCRIPT of Proceedings held on February 11, 2022, before Judge Cho. Court Transcriber: Fiore Reporting and Transcription Service, Inc.. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/15/2022. Redacted Transcript Deadline set for 3/25/2022. Release of Transcript Restriction set for 5/23/2022. (Rocco, Christine) |
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ORDER granting #28 Motion for Extension of Time to Amend. Plaintiff shall file an amended complaint by March 14, 2022. Ordered by Magistrate Judge James R. Cho on 2/22/2022. (Grieff, Robin)
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| Filing 28 Letter to Chief Judge Margo K. Brodie by Pasquale J. Guerriero (Pileika, Ashley) Modified to add motion on 2/22/2022 (Gillespie-Cardo, Saudia). |
| Minute Entry for Initial Conference proceedings held on 2/11/2022 before Magistrate Judge James R. Cho: Appearances by Darren Wolf and Ashley Pileika for plaintiff; Michael Lynch for defendant Diocese of Brooklyn; and James Flynn for defendant Shrine Church of St. Bernadette. The Court heard argument on plaintiff's request to proceed with limited discovery during the pendency of defendants' motions to dismiss, Dkt. #26 . Defendants oppose plaintiff's request, Dkt. #27 . For the reasons stated on the record, the Court grants plaintiff's request in part. Defendants shall produce the employment records of Nicholas Capua during the time he was assigned to St. Bernadette's. Given the current posture of the case, the Court denies, without prejudice, plaintiff's request for production of Mr. Capua's employment records when he worked at other parishes, and records related to allegations of other victims. The parties shall submit a status report by March 14, 2022. Mr. Flynn shall file his own appearance if he wishes to participate in future conferences. (FTR Log #AT&T Conference Bridge.) (Grieff, Robin) |
| Filing 27 Letter to Hon. Judge James R. Cho by Shrine Church of St. Bernadette (Scahill, Francis) |
| Filing 26 Letter to Judge James R. Cho by Pasquale J. Guerriero (Pileika, Ashley) |
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ORDER re #24 and #25 letter motions for pre motion conference. The Court orders Plaintiff to respond to Defendants' letter motions on or before February 12, 2022. Ordered by Chief Judge Margo K. Brodie on 2/5/2022. (Ding, Leo)
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| Filing 25 Letter MOTION for pre motion conference by Diocese of Brooklyn. (Lynch, Michael) |
| Filing 24 Letter MOTION for pre motion conference by Shrine Church of St. Bernadette. (Scahill, Francis) |
| Filing 23 NOTICE of Appearance by Francis Jarlath Scahill on behalf of Shrine Church of St. Bernadette (aty to be noticed) (Attachments: #1 Affidavit of Service Affidavit of Service) (Scahill, Francis) |
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Filing 22
ORDER granting #20 Motion for Extension of Time to Answer. Defendants Diocese of Brooklyn and Shrine Church of St. Bernadette shall answer, move or otherwise respond to the complaint by 2/3/2022. The Telephonic-Status Conference previously scheduled for 1/7/2022 is adjourned and converted to a Telephonic-Initial Conference on 2/11/2022 at 10:30 a.m. Counsel for all parties must participate. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 2/9/2022. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 1/5/2022. (Gillespie-Cardo, Saudia)
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| Filing 21 NOTICE of Appearance by Randall L. Morrison, Jr on behalf of Diocese of Brooklyn (aty to be noticed) (Morrison, Randall) |
| Filing 20 Letter of Motion For Extension of Time For The Defendants to Respond to The Complaint Through And Including February 3, 2022 by Diocese of Brooklyn (Lynch, Michael) Modified to add motion on 1/5/2022 (Gillespie-Cardo, Saudia). |
| Filing 19 NOTICE of Appearance by Michael Charles Lynch on behalf of Diocese of Brooklyn (aty to be noticed) (Lynch, Michael) |
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SCHEDULING ORDER: A telephonic-status conference will be held on 1/7/2022 at 12:00 p.m. before Magistrate Judge James R. Cho. Counsel for defendants are directed to appear. Counsel for plaintiff is directed to immediately forward a copy of this Order to counsel Richard J. Cea via email and mail. (see DE #15 Waiver of Service) and file proof of service on CM/ECF. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 12/29/2021. (Gillespie-Cardo, Saudia)
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| Filing 18 STATUS REPORT by Pasquale J. Guerriero (Pileika, Ashley) |
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STATUS REPORT ORDER: Plaintiff's counsel is directed to file a letter reporting on the status of the case by 12/22/2021. Ordered by Magistrate Judge James R. Cho on 12/15/2021. (Gillespie-Cardo, Saudia)
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| Filing 17 NOTICE of Appearance by Darren Wolf on behalf of All Plaintiffs (notification declined or already on case) (Wolf, Darren) |
| Filing 16 Notice of MOTION to Appear Pro Hac Vice for Darren Wolf Filing fee $ 150, receipt number ANYEDC-14857204. by Pasquale J. Guerriero. (Wolf, Darren) |
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ORDER granting #16 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 9/21/2021. (Grieff, Robin)
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| Filing 15 WAIVER OF SERVICE Returned Executed by Pasquale J. Guerriero. All Defendants. (Pileika, Ashley) |
| Filing 14 Summons Reissued as to Diocese of Brooklyn, Shrine Church of St. Bernadette. (Piper, Francine) |
| Filing 13 Proposed Summons. by Pasquale J. Guerriero (Pileika, Ashley) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included. Plainitff's full name should also be listed on the summons., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Piper, Francine) |
| Filing 12 Proposed Summons. by Pasquale J. Guerriero (Pileika, Ashley) |
| Filing 11 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) |
| Filing 10 Case transferred in from District of New York Southern; Case Number 1:21-cv-06821. Original file certified copy of transfer order and docket sheet received. |
| The case of Guerriero v. Diocese of Brooklyn et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 21cv4923. 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. (Bowens, Priscilla) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(kv) [Transferred from New York Southern on 9/1/2021.] |
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Filing 9
MEMO ENDORSEMENT on re: #8 Response to Order to Show Cause filed by Pasquale J. Guerriero. ENDORSEMENT: The Clerk of Court is directed to transfer this case to the Eastern District of New York pursuant to 28 U.S.C. 1406. SO ORDERED. (Signed by Judge Analisa Torres on 8/25/2021) (kv) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/1/2021.]
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re: #6 Order to Show Cause,,. Document filed by Pasquale J. Guerriero..(Pileika, Ashley) [Transferred from New York Southern on 9/1/2021.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Diocese of Brooklyn, Shrine Church of St. Bernadette..(gp) [Transferred from New York Southern on 9/1/2021.] |
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Filing 6
ORDER TO SHOW CAUSE: Accordingly, Plaintiff shall show cause in writing, by August 24, 2021, why this action should not be transferred. If Plaintiff fails to respond within the time allowed, or fails to show that venue is proper in the Southern District of New York and that the action should not be transferred in the interest of justice, the Court shall transfer this case to the United States District Court for the Eastern District of New York. SO ORDERED. (Signed by Judge Analisa Torres on 8/17/2021) (kv) [Transferred from New York Southern on 9/1/2021.]
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| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Diocese of Brooklyn, Shrine Church of St. Bernadette, re: #1 Complaint. Document filed by Pasquale J. Guerriero..(Pileika, Ashley) [Transferred from New York Southern on 9/1/2021.] |
| Filing 4 MOTION for Darren Wolf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24936396. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pasquale J. Guerriero. (Attachments: #1 Exhibit Certificate of Good Service, #2 Affidavit, #3 Text of Proposed Order).(Pileika, Ashley) [Transferred from New York Southern on 9/1/2021.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ashley Marie Pileika. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 1 (Citizen of This State); County code New York. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State. (vf) [Transferred from New York Southern on 9/1/2021.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ashley Marie Pileika. The party information for the following party/parties has been modified: Pasquale Guerriero. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf) [Transferred from New York Southern on 9/1/2021.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) [Transferred from New York Southern on 9/1/2021.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Darren Wolf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24936396. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 9/1/2021.] |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) [Transferred from New York Southern on 9/1/2021.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ashley Marie Pileika to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): plaintiff party name error on Summons Caption section of form. Plaintiff name must correspond to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) [Transferred from New York Southern on 9/1/2021.] |
| Case Designated ECF. (vf) [Transferred from New York Southern on 9/1/2021.] |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST REQUEST FOR ISSUANCE OF SUMMONS as to Diocese of Brooklyn, Shrine Church of St. Bernadette, re: #1 Complaint. Document filed by Pasquale J. Guerriero.(Pileika, Ashley) Modified on 8/16/2021 (vf). [Transferred from New York Southern on 9/1/2021.] |
| Filing 2 CIVIL COVER SHEET filed..(Pileika, Ashley) [Transferred from New York Southern on 9/1/2021.] |
| Filing 1 COMPLAINT against Diocese of Brooklyn, Shrine Church of St. Bernadette. (Filing Fee $ 402.00, Receipt Number ANYSDC-24928760)Document filed by Pasquale J. Guerriero.(Pileika, Ashley) [Transferred from New York Southern on 9/1/2021.] |
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