Malek v. New York State Unified Court System et al.
| Robert Malek |
| New York State Unified Court System, NYC Children, N.Y. State Office of Children and Family Services, New York State Office of the Inspector General, Janet DiFiore, Sheila Poole, Jacqueline Williams, Beverly Stanley, Rosmil Almonte, Travis Johnson, Margaret Ingoglia, City of New Yok, Administration for Children's Services and Excellence Initiative |
| 1:2022cv05416 |
| September 12, 2022 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Ramon E Reyes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.
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Filing 170
Letter to Judge Gonzalez filed by Robert Malek stating the never ending perjury. (JM)
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Filing 169
MOTION for Summary Judgment by Robert Malek. (JM)
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ORDER terminating #154 Motion to Dismiss for Lack of Jurisdiction. #154 is not a motion to dismiss. It is a memorandum of law in support of #153 . Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/8/2022. (Reyes, Ramon)
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Filing 171
Letter to Judge Gonzalez dated 11/7/2022 for an update filed by Robert Malik. (JM)
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Filing 167
RESPONSE to Motion re #162 MOTION to Amend/Correct/Supplement , #156 MOTION to Amend/Correct/Supplement filed by Travis Johnson. (Weinstock, Gregg)
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Filing 168
Letter dated 11/5/2022 to Judge Gonzalez please be more considerate filed by Robert Malek. (JM)
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Filing 166
REDACTION by Robert Malek (JM)
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Filing 165
MOTION to Strike by Robert Malek. (JM)
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Filing 164
RESPONSE in Opposition re #162 MOTION to Amend/Correct/Supplement , #156 MOTION to Amend/Correct/Supplement filed by Beverly Stanley, Jacqueline Williams. (Luo, Amy)
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Filing 163
RESPONSE to Motion re #153 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' letter motion re: ACS perjury 5 filed by Administration for Children's Services, Rosmil Almonte, City of New Yok. (Attachments: #1 Certificate of Service Motion to Dismiss) (Richter, Marilyn)
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Filing 160
Letter to Judge Gonzalez dated 11/1/2022 filed by Robert Malek More perjury by ACS. (JM)
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ORDER RESTRICTING ACCESS This document re #155 Letter was filed without redaction of certain information as required by the E-Government Act of 2002 and Federal Rule of Civil Procedure 5.2. Accordingly, the Clerk of Court is directed to restrict access to this document. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/2/2022. (MV)
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Filing 162
MOTION to Amend/Correct/Supplement by Robert Malek. (JM)
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Filing 161
Letter to Judge Gonzalez dated 11/1/2022 filed by Robert Malek ACS Perjury #5. (JM)
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Filing 159
Letter to Judge Gonzalez dated 10/31/2022 filed by Robert Malek ACS perjury # 4 (JM)
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Filing 158
Letter to Judge Gonzalez dated 10/31/2022 filed by Roberk Malek ACS Prejury #2 and #3. (JM)
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Filing 157
Letter to Judge Gonzalez dated 10/26/2022 filed by Robert Malek ACS prejury # 2. (JM)
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Filing 156
MOTION to Amend/Correct/Supplement by Robert Malek. (JM)
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Filing 155
Letter dated October 7, 2022 and the attached supporting documents submitted in response to Magistrate Judge Ramon E. Reyes' Electronic Order issued on 10/21/2022; filed by pro se Robert Malek. W/Attachments: #1 Envelope. (WL)
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Filing 154
First MOTION to Dismiss for Lack of Jurisdiction Failure to State a Claim, Memo of Law by Administration for Children's Services, Rosmil Almonte, City of New Yok. (Richter, Marilyn)
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Filing 153
MOTION to Dismiss for Lack of Jurisdiction by Administration for Children's Services, Rosmil Almonte, City of New Yok. (Richter, Marilyn)
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Filing 152
MOTION to Dismiss for Failure to State a Claim by Travis Johnson. (Attachments: #1 Memorandum in Support Memorandum of Law, #2 Exhibit Exhibit A - Memo & Decision, #3 Exhibit Exhibit B - Order, #4 Certificate of Service Certification) (Muscarella, Joseph)
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Filing 151
First MOTION to Dismiss for Lack of Jurisdiction , First MOTION to Dismiss for Failure to State a Claim by Beverly Stanley, Jacqueline Williams. (Attachments: #1 Declaration Declaration of Amy Luo, dated October 21 2022, #2 Exhibit Ex. A - Final Family Ct Order, #3 Exhibit Ex. B - Order of Fact-Finding and Disposition, #4 Memorandum in Support Memorandum of Law in Support of Motion to Dismiss) (Luo, Amy)
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ORDER re #148 Letter. The parties are hereby informed that the Court has located Mr. Malek's filings dated October 4, 2022 and October 6, 2022, and they have been placed on the docket as #149 and #150 , respectively. Mr. Malek is requested to upload his October 7, 2022 filing as soon as practicable, and it too will be placed on the docket. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/21/2022. (Reyes, Ramon)
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Filing 148
Letter dated 10/13/2022 from Robert Malek stating that his 10/4/2022, 10/6/2022 and 10/7/2022 filings are nowhere to be found. (JM)
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Filing 150
Letter from Robert Malek response to Muscarella letter to dismiss complaint Part 2. (JM)
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Filing 149
Letter from Robert Malek regarding Muscarellas last paragraph. (JM)
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Filing 147
Letter from Robert Malek dated 9/30/2022 regarding multiple issues and request for change of venue. (JM)
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Filing 146
Letter from Robert Malek dated 9/27/2022, stating a document he uploaded to the portal is nowhere to be found. (Morales, James)
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Filing 145
Letter dated 9/23/2022 from Robert Malek regarding restriction of access to some filings. (Morales, James)
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Filing 143
First MOTION for Extension of Time to File City Defendants' request for a pre-motion conference by Administration for Children's Services, Rosmil Almonte, City of New Yok. (Toews, Mark)
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Filing 142
First MOTION for Extension of Time to File A Pre-Motion Conference Request by Beverly Stanley, Jacqueline Williams. (Luo, Amy)
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Filing 141
MOTION for pre motion conference by Travis Johnson. (Muscarella, Joseph)
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Order dismissing #142 , #143 Motions for Extension of Time to File Pre-Motion Conference Requests as moot. The Court has already set a briefing schedule on Defendants' motions to dismiss. Pre-Motion Conference letters are no longer required for this motion. In all other respects, the parties are still required to follow the Court's Individual Practices as it relates to motion practice. (#www.nyed.uscourts.gov/pub/rules/HG-MLR.pdf). Ordered by Judge Hector Gonzalez on 9/23/2022. (Duffy, Matthew)
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ORDER: In lieu of a pre-motion conference, see ECF No. #141 , Defendants are permitted to file their motions to dismiss by OCTOBER 21, 2022. Plaintiff shall file his opposition to the motions by NOVEMBER 18, 2022. Defendants shall file their replies, if any, by NOVEMBER 28, 2022. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Plaintiff. Ordered by Judge Hector Gonzalez on 9/23/2022. (Duffy, Matthew)
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Filing 140
NOTICE of Appearance by Amy Luo on behalf of Beverly Stanley, Jacqueline Williams (aty to be noticed) (Luo, Amy)
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ORDER: Upon review, the Court notes that some of the filings on the docket include the unredacted name of an individual known to be a minor. The Court thus respectfully directs the Clerk's office to restrict access to the following docket entries: ECF Nos. #14 [34-3] #44 [44-3] #54 [54-2] [54-3] [54-6] [59-3] #60 [82-1] #83 [85-2] [86-2] [91-1] [91-2] [91-4] [91-5] [112-2] #116 #120 .
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Filing 144
Letter dated 9/21/2022 from Robert Malek stating before proceedings its important to determine whether he is competent to proceed in this case. (Morales, James)
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Filing 139
NOTICE of Appearance by Joseph Paul Muscarella on behalf of Travis Johnson (aty to be noticed) (Muscarella, Joseph)
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Filing 138
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 137
Case transferred in from District of New York Northern; Case Number 1:21-cv-01230. Original file certified copy of transfer order and docket sheet received.
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Filing 136
JUDGMENT: It is ORDERED and ADJUDGED that the State Defendants' Motion to Dismiss (Dkt. No. #70 ) is GRANTED with respect to Plaintiff's Section 1983 claims against Defendants DiFiore, Poole, NYS OCFS, NYS OIG, NYS UCS, and the Excellence Initiative, and otherwise DENIED without prejudice and with leave to renew following the transfer of this action to the Eastern District of New York. It is further ORDERED that Defendants DiFiore, Poole, NYS OCFS, NYS OIG, NYS UCS, and the Excellence Initiative are DISMISSED from this action. It is further ORDERED that the remainder of this action be transferred to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. 1406(a). (Copy served upon pro se plaintiff via regular and certified mail.) (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 135
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that the CM/ECF Motion (Dkt. No. #21 ) is DENIED. It is further ORDERED that the Motion to Strike Anticipated Pleading (Dkt. No. #31 ) is DENIED. It is further ORDERED that the First Motion to Amend and Supplement (Dkt. No. #32 ) is DENIED. It is further ORDERED that the Motions to Disqualify (Dkt. Nos. #33 , #34 ) are DENIED. It is further ORDERED that the Request for Sanctions Against Johnson and His Counsel (Dkt. No. #51 ) is DENIED. It is further ORDERED that the Subpoena Requests (Dkt. Nos. #55 , #58 ) are DENIED. It is further ORDERED that the Second Motion to Supplement (Dkt. No. #59 ) is DENIED. It is further ORDERED that the Letter Request for Leave to Amend (Dkt. No. #62 ) is DENIED. It is further ORDERED that the Motion to Amend (Dkt. No. #63 ) is GRANTED insofar as Plaintiff wishes for the proposed amended and supplemental complaint (Dkt. No. #91 ) to be considered the operative pleading. It is further ORDERED that the Next Friend Request (Dkt. No. #64 ) is DENIED. It is further ORDERED that the Motion to Strike Johnson's Reply (Dkt. No. #65 ) is DENIED. It is further ORDERED that the Request for Court Intervention (Dkt. No. #107 ) is DENIED. It is further ORDERED that the State Defendants' Request to Strike (Dkt. No. #111 ) is DENIED. It is further ORDERED that the Motion to Supplement Opposition to City Defendants' Motion to Dismiss (Dkt. No. #126 ) is DENIED. It is further ORDERED that the Johnson Motion to Dismiss (Dkt. No. #27 ) is DENIED without prejudice and with leave to renew following the transfer of this action to the Eastern District of New York. It is further ORDERED that the State Defendants' Motion to Dismiss (Dkt. No. #70 ) is GRANTED with respect to Plaintiff's Section 1983 claims against Defendants DiFiore, Poole, NYS OCFS, NYS OIG, NYS UCS, and the Excellence Initiative, and otherwise DENIED without prejudice and with leave to renew following the transfer of this action to the Eastern District of New York. It is further ORDERED that the City Defendants' Motion to Dismiss (Dkt. No. #79 ) is DENIED without prejudice and with leave to renew following the transfer of this action to the Eastern District of New York. It is further ORDERED that Defendants DiFiore, Poole, NYS OCFS, NYS OIG, NYS UCS, and the Excellence Initiative are DISMISSED from this action. It is further ORDERED that the remainder of this action be transferred to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. 1406(a). It is further ORDERED that the Clerk advise the Clerk of the Eastern District of New York of the entry of this Decision and Order and provide all information necessary for the Clerk of the Eastern District of New York to electronically access the documents filed in this action. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7. Signed by Chief Judge Brenda K. Sannes on 9/9/2022. (Attachments: #1 Unpublished Case Law cited, #2 Unpublished Case Law cited, #3 Unpublished Case Law cited, #4 Unpublished Case Law cited, #5 Unpublished Case Law cited, #6 Unpublished Case Law cited, #7 Unpublished Case Law cited, #8 Unpublished Case Law cited) (Copy of Order and case law served upon pro se plaintiff via regular and certified mail.)(nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 134
DECISION and ORDER: It is hereby ORDERED that Plaintiff's motion for recusal (Dkt. No. #130 ) is DENIED. It is further ORDERED that the Clerk of the Court shall provide plaintiff with copies of the unpublished decisions cited herein in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Signed by Chief Judge Brenda K. Sannes on 9/6/2022. (Attachments: #1 Unpublished Case Law cited, #2 Unpublished Case Law cited, #3 Unpublished Case Law cited, #4 Unpublished Case Law cited) [Copy of order and case law served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 133
ACS FOIL Investigation Update filed by Robert Malek. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 132
NOTICE of Claims filed by Robert Malek. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 131
CERTIFICATE OF SERVICE by Robert Malek re Dkt. #130 MOTION for Recusal filed by Robert Malek. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 130
MOTION for Recusal filed by Robert Malek. Response to Motion due by 9/13/2022 Motions referred to Brenda K. Sannes (khr) [Transferred from New York Northern on 9/12/2022.]
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Filing 129
CERTIFICATE OF SERVICE by Robert Malek re #128 Letter. (khr) [Transferred from New York Northern on 9/12/2022.]
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Filing 128
Letter filed by Robert Malek, Pro Se stating the Office of Children and Family Services Responded to Foil Requests on Legal Existance of ACS, NYC Children and ACS Police on 8/8/2022 at 10:15 A.M., with various Exhibits. (Attachments: #1 Certificate of Service for 8/5/2022 Motion to Supplement, #2 Mailing Envelope) (jmb) [Transferred from New York Northern on 9/12/2022.]
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Filing 127
TEXT ORDER: Defendants are not required to submit responses to plaintiff's #126 Motion to Supplement. The court will consider the motion when deciding the pending dispositive motions. SO ORDERED by Judge Brenda K. Sannes on 8/5/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 126
MOTION to Supplement Dkt. #116 Response in Opposition to Motion filed by Robert Malek.(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 125
Letter Regarding Service filed by Robert Malek. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 124
Certificate of Service re Dkt. #113 and Dkt. #118 , with request for a bench trial filed by Robert Malek. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 123
Response to the Dkt.# 122 Test Order filed by Robert Malek. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 122
TEXT ORDER: Plaintiff has filed an #118 "addendum" to his #116 response to the City Defendants' #79 motion to dismiss. The submission is improper because the combined response exceeds the allowable page limit, and the Court's Local Rules do not contemplate piecemeal filings. For these reasons, and in accordance with the Court's 117 Text Order entered on July 26, 2022, the #118 "addendum" is stricken from the docket and will not be considered by the Court. The parties are reminded that briefing on all motions is closed, and no further submissions will be accepted from any other party at this time, including the plaintiff. SO ORDERED by Judge Brenda K. Sannes on 7/29/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 120
Letter asking for clarification on response and reply deadlines, and advising the court he is requesting a jury trial from Robert Malek. ***Clerk notes that this crossed in the mail with Dkt. # 117 and Dkt. # 119 and no further action will be taken per Chambers. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 119
TEXT ORDER: On July 25, 2022, Attorney David S. Thayer filed a Motion to Withdraw as Counsel for Defendants, The City of New York, New York City Administration for Children's Services and Rosmil Almonte. Dkt. No. #114 . Attorney Thayer advised the Court in his motion that he is no longer assigned to the defense in this matter and that Defendants continue to be represented by Assistant Corporation Counsel Mark G. Toews. Attorney Thayer's motion is GRANTED. The Clerk of the Court is directed to terminate Attorney Thayer from the case docket. Attorney Mark G. Toews will continue as counsel of record. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/28/2022. (mab) [Transferred from New York Northern on 9/12/2022.]
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Filing 118
*STRICKEN* Addendum to the Dkt. #116 Response filed by Robert Malek. (gmd, ) Stricken on 7/29/2022. (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 117
TEXT ORDER: The Court is in receipt of a #116 filing from plaintiff, which addresses the arguments raised by the City Defendants in their #79 motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(1), (3), and (6), and in their #109 opposition to plaintiff's #91 proposed amended complaint. Insofar as plaintiff's submission is a reply to the #109 opposition, it was improperly filed without the Court's permission, and in disregard of the Local Rules of Practice for this District, which prohibit replies to non-dispositive motions as of right. See N.D.N.Y. L.R. 7.1(a)(2). Because, however, plaintiff's submission addresses the arguments raised by the City Defendants in their #79 motion to dismiss, the Court will consider it in opposition to this motion. City Defendants shall have seven days to submit a reply to plaintiff's opposition should counsel believe that is necessary. Briefing on all motions is otherwise closed, and no further submissions will be accepted from any other party at this time, including plaintiff. In the event another submission is made, it shall be stricken from the record in the absence of an extraordinary showing of good cause, which must be expressly articulated. The Court will decide the dispositive motions and related motion to amend in due course. SO ORDERED by Judge Brenda K. Sannes on 7/26/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 116
RESPONSE in Opposition re Dkt. #79 MOTION to Dismiss for Failure to State a Claim and Dkt. #109 Letter Brief filed by Robert Malek. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 115
REPLY to Dkt. #111 Letter Motion filed by Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 114
MOTION to Withdraw as Attorney filed by Administration for Childrens Services, Rosmil Almonte, City of New York. Response to Motion due by 8/15/2022 Motions referred to Daniel J. Stewart. (Thayer, David) [Transferred from New York Northern on 9/12/2022.]
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CLERK'S CORRECTION OF DOCKET ENTRY re #112 RESPONSE TO LETTER BRIEF: The redacted exhibits to the Dkt. #112 Response to Letter Brief have been uploaded and attached to Dkt. #112 . The unredacted exhibits is now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2 (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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CLERK'S CORRECTION OF DOCKET ENTRY re Dkt. #112 RESPONSE TO LETTER BRIEF : Clerk corrected the date of filing from 7/21/22 to the date mailing was received 7/20/22. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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TEXT NOTICE OF FILING DEFICIENCY regarding the Dkt. #112 RESPONSE TO LETTER BRIEF NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Pro Se Party has submitted documents (Dkt. #112 Exhibits to the Opposition to Dkt. #108 ) that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been temporarily restricted. Pro Se Party is directed to make the appropriate redactions to the above referenced document and forward the redacted document to the Clerks office within 7 days of this notice. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Pro Se Party is cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Notice of Filing Deficiency Deadline 8/1/2022 (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 121
SUMMONS Returned Executed by Robert Malek. City of New York served on 7/15/2022, answer due 8/5/2022. (khr) [Transferred from New York Northern on 9/12/2022.]
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Filing 113
REPLY to Dkt. #105 LETTER BRIEF filed by Robert Malek.(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 112
OPPOSITION to Dkt. #108 LETTER BRIEF filed by Robert Malek as to (Attachments: #1 Exhibits to Letter of Opposition)(gmd, ) Modified on 7/21/2022 (gmd, ). (Additional attachment(s) added on 7/25/2022: #2 Redacted Exhibits, #3 Envelop to Redacted Exhibits) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 111
Letter Motion from Amanda Kuryluk for New York State Unified Court System requesting strike Dkt. 110 from the Docket submitted to Judge Sannes . (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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Filing 110
RESPONSE TO LETTER BRIEF filed by Robert Malek as to #105 LETTER BRIEF filed by New York State Unified Court System. (Attachments: #1 Certificate of Service, #2 Envelope)(jdp ) [Transferred from New York Northern on 9/12/2022.]
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Filing 109
LETTER BRIEF by Administration for Childrens Services, Rosmil Almonte, City of New York, NYC Children. (Toews, Mark) [Transferred from New York Northern on 9/12/2022.]
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Filing 108
LETTER BRIEF by Travis Johnson. (Weinstock, Gregg) [Transferred from New York Northern on 9/12/2022.]
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Filing 107
Letter regarding false reports and request for court intervention filed by Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 106
AFFIDAVIT of Service for letter brief in Opposition to the Plaintiff's Proposed Amended Complaint at Dkt 91 served on Robert Malek on 7/11/2022, filed by New York State Unified Court System. (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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Filing 105
LETTER BRIEF in Opposition to the Plaintiff's Proposed Amended Complaint (Dkt. 91) by New York State Unified Court System. (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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Filing 104
TEXT ORDER: Plaintiff has filed a #103 Motion to Strike and Supplement Opposition, wherein he seeks to strike the #79 Motion to Dismiss filed by defendants Almonte and NYC Children pursuant to Fed. R. Civ. P. 12(f), and supplement his opposition to the Motions to Dismiss filed by the other defendants who have appeared in this action. Insofar as plaintiff seeks to supplement his prior oppositions, his motion is denied because briefing on these motions is already complete, and plaintiff has failed to make a showing of extraordinary cause for accepting the untimely submission. Insofar as plaintiff seeks to strike the #79 Motion to Dismiss filed by defendants Almonte and NYC Children, plaintiff's #103 Motion is denied because motions, memoranda, and exhibits attached to such submissions are not "pleadings" subject to a motion to strike. See, e.g., Pakter v. New York City Dept. of Educ., No. 08-CV-7673, 2010 WL 1141128, at *4 (S.D.N.Y., Mar. 22, 2010) (denying plaintiff's motion to strike defendants' memorandum of law in support of its motion to dismiss because it is not a pleading as required under Federal Rule of Civil Procedure 12(f)); Sierra v. United States, No. 97-CV-9329, 1998 WL 599715, at *9 (S.D.N.Y. Sept. 10, 1998) (denying plaintiff's motion to strike defendant's motion to dismiss on the basis that a motion to dismiss is not a pleading). For this reason, plaintiff's previously filed #86 motion to strike is also denied. Plaintiff is advised that he may incorporate the arguments raised in his motions to strike in any opposition that he may file to the aforementioned #79 Motion to Dismiss. SO ORDERED by Judge Brenda K. Sannes on 7/8/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 103
Motion to Strike Dkt. #79 and Supplemental Opposition filed by Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 102
Letter Regarding Perceived Fraud from Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 101
TEXT ORDER: Plaintiff's #91 proposed amended complaint seeks to add new parties to this proceeding, among other things. Plaintiff's request to add new parties to this proceeding is governed by Rule 21 of the Federal Rules of Civil Procedure, and requires permission from the Court. See Fed. R. Civ. P. 21 ("On motion or on its own, the court may at any time, on just terms, add or drop a party."); Kaminsky v. Abrams, 41 F.R.D. 168, 170 (S.D.N.Y. 1966) ("It has been held that the specific provisions of Rule 21 govern over the general provisions of Rule 15, and that an amendment changing parties requires leave of Court even though made at a time when under Rule 15 amendment may be made as of course."); Duling v. Gristede's Operating Corp., 265 F.R.D. 91, 96 (S.D.N.Y. 2010) ("To the extent a proposed amendment would add new parties, the motion is technically governed by Rule 21... rather than Rule 15(a)."). Accordingly, the issuance of summonses for service on the proposed new defendants at this time was premature. The Clerk is therefore directed to strike the #99 summonses from the docket, and plaintiff is directed to avoid attempting service on the proposed new defendants at this time. The Court will address plaintiff's request to add the proposed new defendants to this action with the pending dispositive motions. SO ORDERED by Judge Brenda K. Sannes on 7/7/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 100
Letter Response with Exhibits filed by Robert Malek - Regarding the 6/28/2022 Filing Deficiency in support of Dkt. #91 Amended Complaint. (Attachments: #1 Affidavit, #2 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 99
*STRICKEN* Summons Issued as to City of New York, and the #1 Excellence Initiative, #2 Envelope.(gmd, ) Stricken on 7/7/2022. (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 98
TEXT ORDER: Plaintiff has filed a #95 motion to add a table of contents to his opposition to the #70 motion to dismiss filed by various state officials, along with a #96 motion to allow him to submit a surreply to the aforementioned motion to dismiss and proposed surreply. The Court will consider the table of contents filed by plaintiff in connection with its review of his opposition to the #70 motion to dismiss. Insofar as plaintiff's #95 motion seeks any further relief, it is denied. Plaintiff's request to file a surreply to the #70 motion to dismiss is also denied. Based on the grounds raised in each of the pending motions to dismiss, surreplies are unnecessary, and will only serve to further complicate and delay the Court's review of these motions. See also N.D.N.Y. L.R. 7.1 (a)(1) (indicating that surreply to a dispositive motion is "not permitted"). SO ORDERED by Judge Brenda K. Sannes on 7/6/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 97
TEXT ORDER: Counsel's #92 letter request seeking a court conference to address plaintiff's #91 amended complaint and frequent filings is denied. Insofar as counsel seeks clarification regarding the Court's 90 Text Order entered on June 24, 2022, at the time the Text Order was issued, less than twenty-one days had elapsed since the filing of the #79 motion to dismiss by defendants Almonte and NYC Children. As a result, plaintiff was still within his right to amend his pleading against these defendants without leave of the Court. See Fed. R. Civ. P. 15(a)(1)(B). In addition, on May 26, 2022, plaintiff submitted a #76 "draft" proposed amended pleading, and prior to that notified the Court of his desire to amend his complaint #32 , #62 , #63 . Thus, the Court granted plaintiff leave to submit a complete proposed amended complaint in lieu of having to address the "draft" pleading and earlier pleading submissions. Based on the #92 joint letter, the Court intends to consider the merits of each motion to dismiss in light of the #91 pleading submission. See Pettaway v. Nat'l Recovery Sols., LLC, 955 F.3d 299, 303-04 (2d Cir. 2020). To the extent any defendant wishes to address the #91 pleading submission further, the deadline to do so is reset to July 15, 2022. Finally, because the parties are not currently obligated to engage in discovery and dispositive motions are pending, absent an extraordinary showing of good cause by plaintiff, the Court will not consider any further motions, pleadings, or requests for relief until after the dispositive motions have been decided. SO ORDERED by Judge Brenda K. Sannes on 7/1/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 96
MOTION Notice of Motion to Allow Sur Reply to Kuryluk Motion to Dismiss re Dkt. #70 MOTION to Dismiss for Failure to State a Claim. Motion returnable before Judge Sannes filed by Robert Malek. Response to Motion due by 7/22/2022 (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 95
MOTION Add One Page Table of Contemts to Opposition to Kuryluks Motion to Dismiss re Dkt. #82 Response in Opposition to Motion, and Dkt. #70 MOTION to Dismiss for Failure to State a Claim Motion returnable before Judge Sannes filed by Robert Malek. Response to Motion due by 7/22/2022 (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 94
Letter of Apology from Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 93
AFFIDAVIT of Service for declaration of service for letter requesting court conference served on Robert Malek on 6/29/2022, filed by N.Y. State Office of Children and Family Services. (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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Filing 92
Letter Motion from all defense counsel for N.Y. State Office of Children and Family Services requesting court conference submitted to Judge Sannes . (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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TEXT NOTICE OF FILING DEFICIENCY regarding the Dkt. #91 Amended Complaint,, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Pro Se Party filed an Amended Complaint on 6/28/22 in which there was a cover sheet for an Exhibit N, however no documents were found behind the cover sheet of the Exhibit. Additionally the Amended Complaint contained three new parties to the action but no proposed summons were included. Plaintiff is directed send proposed summons and Exhibit N to the Clerks office within 7 days of this notice. Notice of Filing Deficiency Deadline 7/8/2022. Notice was sent to Pro Se Party with proposed summons forms on 6/28/22. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 91
PROPOSED AMENDED COMPLAINT IN SUPPORT OF #63 MOTION TO AMEND filed by Robert Malek. (Attachments: #1 Exhibit A-E, #2 Exhibit F-H, #3 Exhibit I, #4 Exhibit J-R, #5 Exhibit S-W, #6 Exhibit Z-Z5, #7 Letter Regarding Amended Complaint, #8 Certificate of Service, #9 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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***Answer due date updated for Rosmil Almonte answer due 7/11/2022; Janet DiFiore answer due 7/11/2022; Travis Johnson answer due 7/11/2022; N.Y. State Office of Children and Family Services answer due 7/11/2022; NYC Children answer due 7/11/2022; New York State Unified Court System answer due 7/11/2022; Sheila Poole answer due 7/11/2022; Beverly Stanley answer due 7/11/2022; Jacqueline Williams answer due 7/11/2022. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 90
TEXT ORDER: Plaintiff's #89 request for an extension of time to respond to the #79 motion to dismiss filed by Rosmil Almonte and NYC Children is granted, and his response deadline is reset to August 1, 2022. Any Reply is due by August 8, 2022. Insofar as plaintiff states in his #89 letter request that he intends to submit an amended pleading for the Court's consideration "very shortly", plaintiff is advised that any proposed amended pleading must be submitted prior to, or with, his opposition to the #79 motion to dismiss if he wishes for the Court to consider it before deciding the pending dispositive motions. SO ORDERED by Judge Brenda K. Sannes on 6/24/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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CLERK'S CORRECTION OF DOCKET ENTRY re Dkt. #87 Reply to Response to Motion: A redacted copy of the REPLY has been uploaded and attached to Dkt. #87 . The unredacted REPLY is now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 89
Letter Request for Extension of Time from Robert Malek submitted to Judge Brenda K. Sannes. (Attachments: #1 Affidavit of Service)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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TEXT NOTICE OF FILING DEFICIENCY regarding the Dkt. #87 Reply to Response to Motion, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2 (Minors Name). This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Notice of Filing Deficiency Deadline 6/24/2022 (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 88
AFFIDAVIT of Service for declaration of service for reply in further support of defendants' motion to dismiss served on Robert Malek on 6/21/22, filed by N.Y. State Office of Children and Family Services. (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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Filing 87
REPLY to Response to Motion re #70 MOTION to Dismiss for Failure to State a Claim filed by N.Y. State Office of Children and Family Services. Motion returnable before Judge Sannes filed by New York State Unified Court System. (Kuryluk, Amanda) (Additional attachment(s) added on 6/23/2022: #1 Redacted REPLY to Response) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 86
MOTION to Strike Dkt #79 MOTION to Dismiss for Failure to State a Claim. filed by Robert Malek. Response to Motion due by 7/12/2022 (Attachments: #1 Motion to Strike, #2 Exhibit(s) Exhibits A-M, #3 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 85
Letter from Robert Malek. (Attachments: #1 Letter Update, #2 Exhibits A-M, #3 Certificate of Service, #4 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 84
NOTICE of Appearance by Mark G. Toews on behalf of Rosmil Almonte, NYC Children (Toews, Mark) [Transferred from New York Northern on 9/12/2022.]
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Filing 83
Medical Records filed by Robert Malek re Dkt. #82 Response in Opposition to the Dkt. #70 Motion to Dismiss. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 82
RESPONSE in Opposition re Dkt. #70 MOTION to Dismiss for Failure to State a Claim filed by Robert Malek. (Attachments: #1 Exhibit A and B, #2 Exhibit C Part 1, #3 Exhibit C Part 2, #4 Exhibit D and E, #5 Exhibit G - P, #6 Exhibit Q -S, #7 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 81
Letter Harassment and Perjury by Kuryluk from Robert Malek. (Attachments: #1 Letter Harassment and Perjury by Kuryluk for Second Count of Perjury, #2 Letter Typo Error, #3 Certificate of Service, #4 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 80
CERTIFICATE OF SERVICE by Rosmil Almonte, NYC Children re #79 MOTION to Dismiss for Failure to State a Claim filed by Rosmil Almonte, NYC Children. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Personal Jurisdiction filed by Rosmil Almonte, NYC Children. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Rosmil Almonte, NYC Children. Motion returnable before Judge Brenda K. Sannes (Thayer, David) [Transferred from New York Northern on 9/12/2022.]
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Filing 79
MOTION to Dismiss for Failure to State a Claim filed by Rosmil Almonte, NYC Children. Motion returnable before Judge Brenda K. Sannes, MOTION to Dismiss for Lack of Personal Jurisdiction filed by Rosmil Almonte, NYC Children. Motion returnable before Judge Brenda K. Sannes, MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Rosmil Almonte, NYC Children. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 6/27/2022. Reply to Response to Motion due by 7/5/2022 (Attachments: #1 Memorandum of Law in Support of City Defendants' Motion to Dismiss) (Thayer, David) [Transferred from New York Northern on 9/12/2022.]
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Filing 78
REPLY to Dkt. #'s #73 and #75 Responses to Dkt. #59 MOTION to Supplement Pleadings filed by Robert Malek. (Attachments: #1 Affidavit of Service, #2 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 77
REPLY to Dkt. #69 Response to Dkt. #51 MOTION for Sanctions filed by Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 76
Proposed Amended Complaint in support of #63 Motion to Amend #1 Complaint in Approximately 7 Days, filed by Robert Malek. (ztc, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 75
RESPONSE in Opposition re #59 MOTION to Supplement Pleadings #1 Complaint, filed by Robert Malek. filed by Travis Johnson. (Weinstock, Gregg) [Transferred from New York Northern on 9/12/2022.]
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Filing 74
AFFIDAVIT of Service for Declaration of Service for Defendants' Motion to Dismiss served on Robert Malek on 5/25/2022, filed by N.Y. State Office of Children and Family Services. (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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Filing 73
RESPONSE in Opposition re #59 MOTION to Supplement Pleadings #1 Complaint, filed by Robert Malek. filed by N.Y. State Office of Children and Family Services, New York State Unified Court System, Janet DiFiore, Sheila Poole, Jacqueline Williams, and Beverly Stanley. (Attachments: #1 Appendix unreported case)(Kuryluk, Amanda) Modified on 5/25/2022 to include all parties filing the Response in docket text (ztc, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 72
AFFIDAVIT of Service for Declaration of Service for Defendants' Motion to Dismiss served on Robert Malek on 5/25/2022, filed by N.Y. State Office of Children and Family Services. (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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Filing 71
NOTICE to Pro Se Plaintiff: Response to #70 MOTION to Dismiss for Failure to State a Claim is due by 6/15/2022. (ztc, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 70
MOTION to Dismiss for Failure to State a Claim filed by N.Y. State Office of Children and Family Services, New York State Unified Court System, Janet DiFiore, Sheila Poole, Jacqueline Williams, and Beverly Stanley. Motion returnable before Judge Sannes Response to Motion due by 6/15/2022. Reply to Response to Motion due by 6/22/2022 (Attachments: #1 Memorandum of Law, #2 Declaration Amanda Kuryluk, #3 Exhibit(s) Ex A Complaint in related SDNY case, #4 Exhibit(s) Ex B Plaintiff's letter refusin venue in Manhattan, #5 Exhibit(s) Ex C Plaintiff's voluntary dismissal letter, #6 Exhibit(s) Ex D Plaintiff's request to reinstate SDNY case, #7 Exhibit(s) Ex E Judge Nathan's order dismissing SDNY case, #8 Appendix unreported case, #9 Appendix unreported case, #10 Appendix unreported case, #11 Appendix unreported case, #12 Appendix unreported case, #13 Appendix unreported case, #14 Appendix unreported case, #15 Appendix unreported case, #16 Appendix unreported case) (Kuryluk, Amanda) Modified on 5/25/2022 to include all parties filing the Motion in docket text (ztc, ). [Transferred from New York Northern on 9/12/2022.]
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CLERK'S CORRECTION OF DOCKET ENTRY re #70 Motion to Dismiss for Failure to State a Claim, Clerk updated docket text to include all parties filing the Motion. (ztc, ) [Transferred from New York Northern on 9/12/2022.]
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CLERK'S CORRECTION OF DOCKET ENTRY re #73 Response in Opposition to Motion, Clerk updated docket text to include all parties filing the Response. (ztc, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 69
RESPONSE in Opposition re #51 MOTION for Sanctions filed by Robert Malek. filed by Travis Johnson. (Attachments: #1 Exhibit A - Letter, #2 Certifification)(Weinstock, Gregg) [Transferred from New York Northern on 9/12/2022.]
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Filing 68
TEXT ORDER: granting #67 Letter Request. The #66 Sur-reply is stricken from the docket and will not be considered by the Court. SO ORDERED by Judge Brenda K. Sannes on 5/20/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 67
Letter Motion for Robert Malek requesting To Strike #66 Opposition to Muscarellas Reply. submitted to Judge Brenda K. Sannes. (egr) [Transferred from New York Northern on 9/12/2022.]
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Filing 65
MOTION to Strike Dkt. #61 Reply Memorandum of Law in Further Support of Defendant's Motion to Dismiss filed by Robert Malek. Response to Motion due by 6/7/2022 (Attachments: #1 Motion to Strike, #2 Verification Motion to Strike Muscarella/Johnson Reply, #3 Certificate of Service, #4 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 64
Application to Be My Daughters Next Friend from Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 63
MOTION TO AMEND COMPLAINT filed by Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 66
**STRICKEN** SUR-REPLY TO REPLY TO RESPONSE TO MOTION titled OPPOSITION TO MUSCARELLA REPLY OF 5/12/2022 re #27 MOTION to Dismiss for Failure to State a Claim filed by Travis Johnson. Motion returnable before Judge Brenda K. Sannes filed by Robert Malek. (Attachments: #1 Envelope)(egr) Stricken on 5/20/2022. (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 62
Letter of Intent to Amend Dkt. #1 Complaint filed by Robert Malek. (Attachments: #1 Envelope) Motions referred to Brenda K. Sannes. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 61
MEMORANDUM OF LAW re #27 Motion to Dismiss for Failure to State a Claim, filed by Travis Johnson. (Attachments: #1 Certification)(Weinstock, Gregg) [Transferred from New York Northern on 9/12/2022.]
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Filing 60
Letter Clarifying the Summons Issue with Exhibits from Robert Malek. (Attachments: #1 Certificate of Service, #2 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 59
MOTION to Supplement Pleadings Dkt. #1 Complaint filed by Robert Malek. Response to Motion due by 5/31/2022. (Attachments: #1 Verification, #2 Supplemental Pleading, #3 Exhibits, #4 Envelope) Motions referred to Daniel J. Stewart. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 58
Letter Request from Robert Malek requesting Issuance of Subpoenas submitted to Judge Brenda K. Sannes. (Attachments: #1 Letter in Support of Subpoena Duces Tecum Upon NYC Children/ACS/Administration for Childrens Services, #2 Proposed Subpoena Duces Tecum for Janet Difiore/NYS Unified Court System/ Office of COurt Administration, #3 Proposed Subpoena Duces Tecum for Jess Dannhauser Administration for Children Services aka NYC Children, #4 Proposed Subpoena for Jess Dannhauser Commissioner NYC Children ACS/Administration for Childrens Services, #5 Envelope, #6 Certificate of Service for Dkt. #57 Letter and Request for Issuance of Subpoenas)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 57
Letter In Response to David Thayers Letter (Dkt. #53 RESPONSE in Opposition) filed by Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 56
CERTIFICATE OF SERVICE by Robert Malek re Dkt. #54 Response in Opposition to Motion to Dismiss, (gmd, ) (Additional attachment(s) added on 7/25/2022: #1 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 55
Letter Request for Robert Malek requesting Issuance of Subpoenas submitted to Judge Brenda K. Sannes. (Attachments: #1 Proposed Subpoena as to Janet DiFiore, #2 Proposed Subpoena as to Jess Dannhauser)(gmd, ) (Additional attachment(s) added on 7/25/2022: #3 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 54
RESPONSE in Opposition to Dkt. #27 MOTION to Dismiss filed by Robert Malek. (Attachments: #1 Exhibit A, B, C, D, E, F, #2 Exhibit G, #3 Exhibit H, I, J, K, #4 Exhibit L, #5 Exhibit M, MC, N, O, P, #6 Exhibit Q, R, S, T, #7 Exhibit U, V, W, X, Y, Z, #8 Verification, #9 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 53
RESPONSE in Opposition re #31 MOTION to Strike filed by Robert Malek., #32 MOTION to Supplement Pleadings filed by Robert Malek. MOTION to Amend/Correct filed by Robert Malek. filed by Rosmil Almonte, NYC Children. (Thayer, David) [Transferred from New York Northern on 9/12/2022.]
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Filing 52
Letter from Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 51
NOTICE of MOTION for Sanctions Against Johnson, Muscarella and Weinstock filed by Robert Malek. Response to Motion due by 5/23/2022. Reply to Response to Motion due by 5/31/2022 (Attachments: #1 Affidavit of Service, #2 Envelope) (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 50
TEXT ORDER: Plaintiff's letter request #49 to file a reply to his pending motions #33 , #34 is DENIED. Reply papers on nondispositive motions are not permitted without Court permission, (N.D.N.Y. Local Rule 7.1(a)(2)), and the Court does not grant permission. Plaintiff's motions #33 , #34 are fully briefed and no more submissions will be accepted. SO ORDERED by Judge Brenda K. Sannes on 4/29/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 49
Letter of Intent to Reply to A.G. Opposition from Robert Malek requesting 7 Days from 4-26-2022 to serve reply and another 3 days for mailing to the court. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 48
Letter from Robert Malek regarding Redaction Issue. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 47
CERTIFICATE OF SERVICE filed by Robert Malek re Dkt. #25 Letter (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 46
Letter from Robert Malek. (Attachments: #1 Duty to Preserve Documents, #2 Certificate of Service, #3 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 45
AFFIDAVIT of Service for Declaration of Service for Supplemental Notice of Appearance and Opposition to Plaintiff's Motions to Disqualify Defendant Williams served on Robert Malek on 4/27/2022, filed by Jacqueline Williams. (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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CLERK'S CORRECTION OF DOCKET ENTRY re Dkt. #34 Notice of COMPANION MOTION re Dkt. # 33 Motion to Disqualify Attorney General to Represent Family Court Judge, (ACS Court) Jaqueline Williams and Text Notice of Filing Deficiency: The Redacted Exhibits to the COMPANION MOTION have been uploaded and attached to the Dkt. #34 . The redacted copy of Dkt. #34 Exhibits sent in by plaintiff also contains new material and is still lacking some redactions. The unredacted copy of the Exhibits are now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 44
RESPONSE in Opposition re Dkt. #27 MOTION to Dismiss for Failure to State a Claim filed by Robert Malek. (Attachments: #1 Exhibits, #2 Exhibits, #3 Exhibits, #4 Supplement, #5 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 43
RESPONSE in Opposition re #34 MOTION re #33 MOTION Motion to Disqualify Attorney General to Represent Family Court Judge, (ACS Court) Jaqueline Williams filed by Robert Malek. filed by Robert Malek. filed by Jacqueline Williams. (Kuryluk, Amanda) (Additional attachment(s) added on 4/26/2022: #1 Redacted Response) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 42
RESPONSE in Opposition re #33 MOTION Motion to Disqualify Attorney General to Represent Family Court Judge, (ACS Court) Jaqueline Williams filed by Robert Malek. filed by Jacqueline Williams. (Kuryluk, Amanda) (Additional attachment(s) added on 4/26/2022: #1 Redacted Response) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 41
NOTICE of Appearance by Amanda K. Kuryluk on behalf of Jacqueline Williams, Sheila Poole, New York State Unified Court System, NYS Office of Children and Family Services, Janet DiFiore, and Beverly Stanley (Kuryluk, Amanda) Modified on 4/26/2022 (gmd, ). (Additional attachment(s) added on 4/26/2022: #1 Redacted Notice of Appearance) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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CLERK'S CORRECTION OF DOCKET ENTRY re Dkt. #43 Response in Opposition to Motion, Dkt. #42 Response in Opposition to Motion, Text Notice of Filing Deficiency and Dkt. #41 Notice of Appearance: Redacted copies of the responses have been uploaded and attached to their respectful Dkt. Entries. The unredacted copies of the documents are now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2. Clerk also modified the docket text for the Notice of Appearance to include all parties attorney is representing. Copy served upon pro se plaintiff via regular mail. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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TEXT NOTICE OF FILING DEFICIENCY regarding the Dkt. #42 Response in Opposition to Motion, Dkt. #41 Notice of Appearance, and Dkt. #43 Response in Opposition to Motion, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. ALL NAMES of minor children should be redacted to their INITIALS. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the Dkt. #42 Response in Opposition to Motion, Dkt. #41 Notice of Appearance, and Dkt. #43 Response in Opposition to Motion and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted documents, referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Notice of Filing Deficiency Deadline 4/29/2022 (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 40
Letter Regarding Delay in Delivery of Mail from Robert Malek. (Attachments: #1 Notice with Tracking Information, #2 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 39
TEXT ORDER: granting #36 Letter Requesting an extension of the deadlines related to the #27 Motion to Dismiss. Plaintiff's Response is due by 5/6/2022. Any Reply is due by 5/13/2022. SO ORDERED by Judge Brenda K. Sannes on 4/25/2022.[Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 9/12/2022.]
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Filing 38
Letter from Robert Malek. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 37
RESPONSE TO LETTER BRIEF filed by Travis Johnson as to #36 Letter Request/Motion filed by Robert Malek . (Weinstock, Gregg) [Transferred from New York Northern on 9/12/2022.]
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Filing 36
Letter Motion filed by Robert Malek requesting 7 Day Extension Request + 3 Days for Mailing to Answer Travis Johnsons Dkt. #27 Motion to Dismiss submitted to Judge Brenda K. Sannes. (Attachments: #1 Proof of Service, #2 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 35
PROOF of SERVICE filed by Robert Malek re Dkt. #34 COMPANION MOTION re Dkt. #33 Motion to Disqualify Attorney General to Represent Family Court Judge, (ACS Court) Jaqueline Williams. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 34
Notice of COMPANION MOTION re Dkt. #33 Motion to Disqualify Attorney General to Represent Family Court Judge, (ACS Court) Jaqueline Williams filed by Robert Malek. Response to Motion due by 5/11/2022 (Attachments: #1 Exhibit) Motions referred to Brenda K. Sannes. (gmd, ) (Additional attachment(s) added on 4/27/2022: #3 Redacted Exhibits) (gmd, ). (Additional attachment(s) added on 4/27/2022: #4 Envelope for Redacted Exhibits) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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TEXT NOTICE OF FILING DEFICIENCY regarding the Dkt. #34 COMMPANION MOTION to the Dkt. #33 MOTION to Disqualify Attorney General to Represent Family Court Judge, (ACS Court) Jaqueline Williams filed by Robert Malek. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Pro Se Party has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. The Exhibits to the COMPANION MOTION include personal identifiers, Dates of Birth, Minors Names, and Personal Addresses throughout the 152 page document. This document has been temporarily restricted. Pro Se Party is directed to make ALL the appropriate redactions to the above referenced document as directed in Local Rule 5.2 and forward the redacted document to the Clerks office within 7 days of this notice. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Pro Se Party is cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Notice of Filing Deficiency Deadline 4/29/2022 (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 33
MOTION to Disqualify Attorney General to Represent Family Court Judge, (ACS Court) Jaqueline Williams filed by Robert Malek. Response to Motion due by 5/9/2022 (Attachments: #1 Letter, #2 Affidavit of Service, #3 Envelope) Motions referred to Daniel J. Stewart. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 32
MOTION for LEAVE to FILE Supplemental Pleadings AND Amend Complaint filed by Robert Malek. Response to Motion due by 5/6/2022 (Attachments: #1 Envelope) Motions referred to Daniel J. Stewart. (gmd, ) (Main Document 32 replaced on 4/15/2022) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 31
MOTION to Strike Anticipated NYC Children/ACS Responsive Pleading filed by Robert Malek. Response to Motion due by 5/6/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Envelope) Motions referred to Daniel J. Stewart. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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CLERK'S CORRECTION OF DOCKET ENTRY re Dkt. #32 MOTION for LEAVE to FILE Supplemental Pleadings AND Amend Complaint: Clerk replaced the main document to redact personal identifiers pursuant to L.R.5.2. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 30
TEXT ORDER granting Defendants, NYC Children and Rosmil Almonte's, #29 Motion for an extension of time to file a response to Plaintiff's Complaint in this matter. Defendants shall file a response on or before June 6, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/7/2022. (Copy mailed to pro se plaintiff). (mab) [Transferred from New York Northern on 9/12/2022.]
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Filing 29
MOTION for Extension of Time to File Answer re #1 Complaint, or otherwise respond to the Complaint filed by Rosmil Almonte, NYC Children. Response to Motion due by 4/27/2022 Motions referred to Daniel J. Stewart. (Thayer, David) [Transferred from New York Northern on 9/12/2022.]
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Filing 28
NOTICE to Pro Se plaintiff: Response to #27 motion to dismiss is due by 4/26/2022. Mailed to Pro Se Plaintiff on 4/5/22 via regular mail.(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 27
MOTION to Dismiss for Failure to State a Claim filed by Travis Johnson. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 4/26/2022. Reply to Response to Motion due by 5/3/2022 (Attachments: #1 Memorandum of Law Memorandum of Law, #2 Exhibit(s) A - complaint and supporting exhibits, #3 Exhibit(s) B - Decision Judge Nathan, #4 Certification) (Weinstock, Gregg) [Transferred from New York Northern on 9/12/2022.]
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Filing 26
TEXT ORDER granting Defendants' #24 Letter Request seeking an extension of time to file a response to Plaintiff's Complaint in this matter. Defendants shall file a response on or before June 6, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/31/2022. (Copy mailed to pro se plaintiff). (mab) [Transferred from New York Northern on 9/12/2022.]
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Filing 25
Letter from Robert Malek. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 24
Letter Motion from Amanda Kuryluk for Sheila Poole requesting Extension of time to respond to Complaint submitted to Judge Stewart . (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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Filing 23
NOTICE of Appearance by Amanda K. Kuryluk on behalf of Sheila Poole (Kuryluk, Amanda) [Transferred from New York Northern on 9/12/2022.]
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Filing 22
NOTICE of Change of Address by Robert Malek Effective Date 3/24/22 Old Address: 1936 Hempstead Turnpike #109 East Meadow, NY 11554 New Address: 1936 Hempstead Turnpike #109 East Meadow NY 11554 (gmd, ) (Main Document 22 replaced on 3/24/2022 to the correct pdf file) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 21
Pro Se MOTION to Obtain ECF Login and Password filed by Robert Malek. (Attachments: #1 Pro Se CM/ECF Registration Form, #2 Envelope) Motions referred to Daniel J. Stewart. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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***Answer due date updated for Rosmil Almonte answer due 4/6/2022; Janet DiFiore answer due 4/4/2022; Margaret Ingoglia answer due 4/6/2022; Travis Johnson answer due 4/6/2022; N.Y. State Office of Children and Family Services answer due 4/4/2022; NYC Children answer due 4/6/2022; New York State Office of the Inspector General answer due 4/4/2022; New York State Unified Court System answer due 4/4/2022; Sheila Poole answer due 4/4/2022; Beverly Stanley answer due 4/6/2022; Jacqueline Williams answer due 4/6/2022. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 20
AFFIDAVIT of Service served on the NYS Office of Inspector General via Certified Mail on March 16, 2022, filed by Robert Malek. (gmd, ) (Additional attachment(s) added on 3/18/2022: #1 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 19
AFFIDAVIT of Service served on NYS Office of Children and Family Services via Certified Mail on March 12, 2022, filed by Robert Malek. (gmd, ) (Additional attachment(s) added on 3/18/2022: #1 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 18
AFFIDAVIT of Service served on NY City Administration for Children's Services via Personal Service on March 16, 2022, filed by Robert Malek. (gmd, ) (Additional attachment(s) added on 3/18/2022: #1 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 17
AFFIDAVIT of Service served on NYS Unified Court System via Certified Mail on March 12, 2022, filed by Robert Malek. (gmd, ) (Additional attachment(s) added on 3/18/2022: #1 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 16
AFFIDAVIT of Service served on Travis Johnson via Personal Service on March 16, 2022, filed by Robert Malek. (gmd, ) (Additional attachment(s) added on 3/18/2022: #1 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 15
AFFIDAVIT of Service served on Rosmil Almonte via Personal Service on March 16, 2022, filed by Robert Malek. (gmd, ) (Additional attachment(s) added on 3/18/2022: #1 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 14
AFFIDAVIT of Service served on Margaret Ingoglia via Personal Service on March 16, 2022, filed by Robert Malek. (gmd, ) (Additional attachment(s) added on 3/18/2022: #1 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 13
AFFIDAVIT of Service served on Sheila J. Poole via Certified Mail at NYS Office of Children and Family Services and #1 Affidavit of Service served on Sheila J. Poole via Certified Mail at the Office of the Attorney General on March 12, 2022, filed by Robert Malek.(gmd, ) (Additional attachment(s) added on 3/18/2022: #2 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 12
AFFIDAVIT of Service served on Janet DiFiore via Certified Mail at 20 Eagle Street, Albany NY 12207, and #1Affidavit of Service served on Janet DiFiore via Certified Mail at the Office of the Attorney General on March 12, 2022, filed by Robert Malek.(gmd, ) (Additional attachment(s) added on 3/18/2022: #2 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 11
AFFIDAVIT of Service served on Jacqueline D. Williams via Personal Service on March 16, 2022,and #1Affidavit of Service served on Jacqueline D. Williams via Certified Mail )filed by Robert Malek.(gmd, ) (Additional attachment(s) added on 3/18/2022: #2 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 10
AFFIDAVIT of Service served on Beverly Stanley on March 16, 2022 via Personal Service, and #1 Affidavit of Service served on Beverly Stanley via Certified Mail on March 16, 2022 filed by Robert Malek(gmd, ) (Additional attachment(s) added on 3/18/2022: #2 Envelope) (gmd, ). [Transferred from New York Northern on 9/12/2022.]
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Filing 9
TEXT ORDER OF RECUSAL. Senior Judge Thomas J. McAvoy recused. Case reassigned to Judge Brenda K. Sannes for all further proceedings. Authorized by Senior Judge Thomas J. McAvoy on 2/28/2022. (Copy served upon Pltf via regular mail)(amt) [Transferred from New York Northern on 9/12/2022.]
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Filing 8
NOTICE of Change of Address by Robert Malek Effective Date 2/22/22 Old Address: #304 2609 East 14th Street Brooklyn, NY 11235 New Address: 1936 Hempstead Turnpike #109 East Meadow NY 11554 (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 7
TEXT ORDER: On February 8, 2022, the Court issued a Text Order extending the time in which Plaintiff is to complete service of the Summons and Complaint upon Defendants in this matter. Dkt. No. 6 . Based upon this extension, the Rule 16 Initial Conference scheduled for February 14, 2022 before the undersigned and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are adjourned without date at this time. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/10/2022. (Copy served upon pro se plaintiff by regular mail). (mab) [Transferred from New York Northern on 9/12/2022.]
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Filing 6
TEXT ORDER: On February 2, 2022, Pro Se Plaintiff Robert Malek filed a Letter Request seeking an extension of time to complete service in this matter. Dkt. No. #5 . The request is GRANTED and Plaintiff shall complete service upon Defendants in this matter and file proof of such service on or before March 18, 2022. SO ORDERD by Magistrate Judge Daniel J. Stewart on 2/8/2022. (Copy mailed to pro se plaintiff). (mab) [Transferred from New York Northern on 9/12/2022.]
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Filing 5
Letter Motion from Robert Malek requesting extension of time to serve submitted to Judge Daniel J. Stewart. (Attachments: #1 Envelope)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 4
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 2/14/2022 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/7/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 3
Summons Issued as to Beverly Stanley, #1 Jacqueline William, #2 Janet Difiore, #3 Margaret Ingoglia, #4 NYS Office of the Inspector General, #5 NYS Office of Children and Family Services, #6 Rosmil Almonte, #7 Sheila Poole, #8 Travis Johnson, #9 NYC Children aka ACS, #10 NYS Unified Court System(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 2
PRO SE HANDBOOK, LOCAL RULES and NOTICE issued and explained to Robert Malek at time complaint was filed. (gmd, ) [Transferred from New York Northern on 9/12/2022.]
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Filing 1
COMPLAINT WITH JURY DEMAND against Rosmil Almonte, Janet DiFiore, Margaret Ingoglia, Travis Johnson, N.Y. State Office of Children and Family Services, NYC Children, New York State Office of the Inspector General, New York State Unified Court System, Sheila Poole, Beverly Stanley, Jacqueline Williams (Filing fee $402 receipt number ALB012247) filed by Robert Malek. (Attachments: #1 Exhibits, #2 Notice of Claim, #3 Civil Cover Sheet)(gmd, ) [Transferred from New York Northern on 9/12/2022.]
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