Evans v. Adams
| Eli A. Evans |
| Rachel Adams |
| 1:2022cv03882 |
| June 30, 2022 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Kiyo A Matsumoto |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
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Filing 17
Letter dated 8/23/2022 to Judge Matsumoto from Eli Evans requesting defendant provide proof of service re: Judge Matsumoto's Order dated 8/4/2022. See letter for details. (Tavarez, Jennifer)
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Filing 16
AFFIDAVIT of Service for Plaintiff's Letter to defendant requesting Proof of Judge's Order dated 8/4/2022 served on Charles Sanders, esq. on 8/23/2022, filed by Eli A. Evans. (Tavarez, Jennifer)
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Filing 15
AFFIDAVIT of Service for Plaintiff's Response to Defendant #13 served on Charles Sanders, esq. on 8/23/2022, filed by Eli A. Evans. (Tavarez, Jennifer)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 8/23/2022. Appearances: pro se Plaintiff Eli Evans; Charles Sanders, Esq. on behalf of Defendant. The court held a pre-motion conference in Courtroom 6C South regarding Defendant's proposed motion to dismiss. The parties appeared by telephone. Plaintiff provided his email address to the Court (eevans3184@yahoo.com) so that he may receive ECF notifications via email. The Court also explained to Plaintiff on the record that pro se litigants are not given ECF filing privileges in this district.As discussed on the record, Plaintiff is granted a final opportunity to amend his complaint by September 23, 2022. Should Defendant decide to proceed with her motion to dismiss, Defendant shall serve, but not file, her moving papers by October 14, 2022. Plaintiff shall serve, but not file, his opposition by December 16, 2022. Defendant shall serve her reply by January 6, 2023, and on that day, Defendant shall file the entire set of motion papers via ECF in a logical order. The parties are reminded to review Chambers Practices, available at https://www.nyed.uscourts.gov/pub/rules/KAM-MLR.pdf, to ensure their compliance with Chambers individual rules for motion practice. Defendant is also respectfully directed to send two bound courtesy copies of all papers related to the motion to chambers. Courtesy copies should be sent via FedEx or messenger. Should Defendant decide not to proceed with her motion to dismiss, she shall notify the Court as soon as possible. (Court Reporter Denise Parisi.) (Ahn, Lois)
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Filing 14
AFFIDAVIT/AFFIRMATION re #12 Letter AOS 8/5/22 Conf Order, Aug. 4, 2022 by Rachel Adams (Sanders, Charles)
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Filing 13
REPLY re #12 Letter filed by Eli A. Evans. (Tavarez, Jennifer)
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ORDER. By Order dated August 4, 2022, Defendant was directed to serve a copy of the August 4, 2022 Order on pro se Plaintiff and note service on the docket. To date, no proof of service has been filed. By close of business today, Defendant is ordered to file a proof of service and advise the Court on whether pro se Plaintiff was timely put on notice of tomorrow's pre-motion conference and the deadline by which to file a response. The Clerk of Court is respectfully directed to mail a copy of this Order on pro se Plaintiff and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 8/22/2022. (Ahn, Lois)
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SCHEDULING ORDER. Pre Motion Hearing set for 8/23/2022 01:00 PM in Courtroom 6C South before Judge Kiyo A. Matsumoto. The parties shall appear by telephone. Plaintiff shall file a response, if any, to Defendant's #12 request for a pre-motion conference by August 19, 2022. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Defendant is respectfully directed to serve a copy of this Order to pro se Plaintiff and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 8/4/2022. (Ahn, Lois)
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Filing 12
Letter Pre-Motion Letter &AOS Seeking Conf or Permission to Proceed with a MTD by Rachel Adams (Sanders, Charles)
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Filing 11
NOTICE of Appearance by Charles Fernando Sanders on behalf of Rachel Adams (aty to be noticed) (Sanders, Charles)
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Filing 10
Proof of Service by Eli A. Evans. (Tavarez, Jennifer)
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Filing 9
SUMMONS Returned Executed by Eli A. Evans. Rachel Adams served on 7/19/2022, answer due 8/9/2022. (Tavarez, Jennifer)
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Filing 8
Summons Issued as to Rachel Adams. (Tavarez, Jennifer)
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Filing 7
FILING FEE: $ 402.00, receipt number 100000235 by Eli Evans. (Tavarez, Jennifer)
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Filing 6
AMENDED COMPLAINT against Rachel Adams, filed by Eli A. Evans. (Tavarez, Jennifer)
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Filing 5
ORDER denying #2 Motion for Leave to Proceed in forma pauperis and denying #4 Motion for Temporary Restraining Order and Preliminary Injunction. For the reasons set forth in the attached Order, Plaintiff's request for temporary restraining order and preliminary injunction is respectfully DENIED. Plaintiff's request to proceed in forma pauperis is also DENIED. Plaintiff is hereby granted 14 days' leave from the entry of this Order to pay the $402.00 filing fee to proceed with this action. If Plaintiff fails to pay the $402.00 filing fee, or otherwise demonstrate that he is unable to pay, within the allotted time, the action will be dismissed without prejudice. If Plaintiff elects to pay the filing fee to initiate the action, he is advised that he must file a new copy of the complaint redacting the names of his minor children.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 the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully requested to serve a copy of this Order on pro se Plaintiff and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 7/12/2022. (Ahn, Lois)
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Filing 4
PLAINTIFF'S MEMORANDUM in Support of Emergency Motion/Petition for Temporary Restraining Order and Preliminary Injunction filed by Eli A. Evans. (Lee, Tiffeny)
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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. (Bowens, Priscilla)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Eli A. Evans. (Bowens, Priscilla)
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Filing 1
COMPLAINT against Rachel Adams, filed by Eli A. Evans. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)
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| Plaintiff: Eli A. Evans | |
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| Defendant: Rachel Adams | |
| Represented By: | Charles Fernando Sanders |
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