Malek v. James et al
| Robert Malek |
| Janet DiFiore, Letitia James, Administration for Children Services, Commissioner Jess Dannhauser, New York State Unified Court System, New York State Office of Children and Family Services, New York State Office of the Inspector General, City of New Yok, Andrew Hevesi, NYC Children, Sheila Poole, Janet Difiore Glazer, Jacqueline Williams, Margaret Ingoglia, Travis Johnson, Rosmil Almonte, Excellence Initiative, Legal Aid Society, Iyesha Witherspoon, Bolade Begho, Paula Garcia, Nicola Gibson, Corporate Counsel, Brooklyn D.A. Office, David Hansell, Janet Sabel, Leotta Green, Kathryn Conway, Stephen Louis, Ardaisha Hudson, New york State Attorney General's Office, Amanda White, Amy Serlin, Joseph Palomino Ingoglia, Rashima Ferguson and Manhattan DA's Office |
| 1:2022cv06538 |
| October 27, 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 |
| Plaintiff |
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Filing 18
ORDER. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/23/2022. (Reyes, Ramon)
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| Filing 17 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. (PB) |
| Filing 16 Case transferred in from District of New York Northern; Case Number 1:22-cv-00913. Original file certified copy of transfer order and docket sheet received. |
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Filing 15
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that the Recusal Motion (Dkt. No. #6 ) is DENIED as set forth herein. It is further ORDERED that the Service Extension Request (Dkt. No. #12 ) is GRANTED in part and DENIED in part, and Plaintiff's deadline to complete service is reset to ninety (90) days from the date of this Decision and Order. It is further ORDERED that this action be transferred to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. 1404(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 10/27/2022. (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, #9 Unpublished Case Law cited, #10 Unpublished Case Law cited, #11 Unpublished Case Law cited, #12 Unpublished Case Law cited, #13 Unpublished Case Law cited, #14 Unpublished Case Law cited)(Copy served upon pro se plaintiff with unpublished case law via regular mail.) (nmk) [Transferred from New York Northern on 10/27/2022.]
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| Filing 14 RESPONSE IN OPPOSITION TO # 5 TEXT ORDER TO SHOW CAUSE filed by Pro Se Plaintiff Robert Malek. (map) [Transferred from New York Northern on 10/27/2022.] |
| Filing 13 Letter stating intent to file a Motion to Supplement Complaint filed Pro Se Plaintiff Robert Malek. (map) [Transferred from New York Northern on 10/27/2022.] |
| Filing 12 Letter filed by Pro Se Plaintiff Robert Malek requesting additional time to serve lawsuit. (Attachments: #1 Mailing Envelope)(map) [Transferred from New York Northern on 10/27/2022.] |
| Filing 11 Letter from Pro Se Plaintiff Robert Malek. (Attachments: #1 Mailing Envelope)(map) [Transferred from New York Northern on 10/27/2022.] |
| Filing 10 Summons Issued as to Administration for Children Services, Rosmil Almonte, Bolade Begho, Brooklyn DA Office, City of New York, Kathryn Conway, Corporate Counsel, Jess Dannhauser, Janet DiFiore, Excellence Initiative, Rashima Ferguson, Paula Garcia, Nicola Gibson, Leotta Green, David Hansell, Andrew Hevesi, Ardaisha Hudson, Joseph Palomino Ingoglia, Margaret Ingoglia, Letitia James, Travis Johnson, Legal Aid Society, Stephen Louis, NYC Children, New York State Attorney Generals Office, New York State Office of Children and Family Services, New York State Office of the Inspector General, New York State Unified Court System, Sheila Poole, Janet Sabel, Amy Serlin, Amanda White, Jacqueline Williams, Iyesha Witherspoon, Manhattan DA's Office. (Attachments: #1 Summons Issued: Administration for Children Services, #2 Summons Issued: Jess Dannhauser, #3 Summons Issued: New York State Unified Court System, #4 Summons Issued: New York State Office of Children and Family Services, #5 Summons Issued: New York State Office of the Inspector General, #6 Summons Issued: City of New York, #7 Summons Issued: Andrew Hevesi, #8 Summons Issued: NYC Children, #9 Summons Issued: Sheila Poole, #10 Summons Issued: Janet DiFiore, #11 Summons Issued: Jacqueline Williams, #12 Summons Issued: Margaret Ingoglia, #13 Summons Issued: Travis Johnson, #14 Summons Issued: Excellence Initiative, #15 Summons Issued: Rosmil Almonte, #16 Summons Issued: Legal Aid Society, #17 Summons Issued: Iyesha Witherspoon, #18 Summons Issued: Bolade Begho, #19 Summons Issued: Paula Garcia, #20 Summons Issued: Nicola Gibson, #21 Summons Issued: Corporate Counsel, #22 Summons Issued: Brooklyn DA Office, #23 Summons Issued: David Hansell, #24 Summons Issued: N.Y. County D.A.'s Office, #25 Summons Issued: Janet Sabel, #26 Summons Issued: Leotta Green, #27 Summons Issued: Kathryn Conway, #28 Summons Issued: Stephen Louis, #29 Summons Issued: Ardaisha Hudson, #30 Summons Issued: New York State Attorney Generals Office, #31 Summons Issued: Amanda White, #32 Summons Issued: Amy Serlin, #33 Summons Issued: Joseph Palomino Ingoglia, #34 Summons Issued: Rashima Ferguson)(map) [Transferred from New York Northern on 10/27/2022.] |
| Filing 9 PRO SE NOTICE Acknowledgment Returned Signed filed by Robert Malek. (Attachments: #1 Mailing Envelope)(map) [Transferred from New York Northern on 10/27/2022.] |
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Filing 8
TEXT ORDER: Plaintiff has filed a #7 letter requesting clarification regarding whether or not he is required to "fill out summons" for this case. Plaintiff is certainly aware of his service obligations, having already successfully served several defendants in a related case. See Malek v. New York State Unified Court System, et al., 1:21-CV-1230 (BKS/DJS). In any event, Plaintiff's #7 letter appears to acknowledge his receipt of the #2 Notice and Filing Order issued by Magistrate Judge Stewart on September 6, 2022. The Filing Order makes clear that "[s]ervice of process should be completed within Sixty (60) days from the initial filing date[,]" and "in no event shall service of process be completed after the time specified in Fed. R. Civ. P. 4[.]" Federal Rule of Civil Procedure 4 outlines the requirements for service of process, and expressly states that "[a] summons must be served with a copy of the complaint." See Fed. R. Civ. P. 4(c). The contents and issuance of the summons is also governed by Rule 4. See Fed. R. Civ. P. 4(a), (b). SO ORDERED by Chief Judge Brenda K. Sannes on 9/26/2022. (Copy served upon pro se plaintiff via regular mail.) (nmk) [Transferred from New York Northern on 10/27/2022.]
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| Filing 7 Letter filed by Robert Malek requesting clarification from the Court as to the General Order 25 and whether or not Plaintiff should submit summonses. (map) [Transferred from New York Northern on 10/27/2022.] |
| Filing 6 MOTION for Recusal filed by Robert Malek. Response to Motion due by 10/12/2022.(map) [Transferred from New York Northern on 10/27/2022.] |
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Filing 5
TEXT ORDER: The Court recently issued a Decision and Order in Malek v. New York State Unified Court System, et al., 1:21-CV-1230 (BKS/DJS) ("Malek I"), Dkt. No. 135 (N.D.N.Y. filed Sept. 9, 2022), which, among other things, dismissed Plaintiff's claims against the named defendants who reside within this District and transferred Plaintiff's remaining claims to the Eastern District of New York. In light of this Decision and Order, Plaintiff is ordered to show cause, within thirty (30) days, why this related action should not be transferred to the Eastern District of New York pursuant to 28 U.S.C. 1404(a). SO ORDERED by Chief Judge Brenda K. Sannes on 9/9/2022. (Copy served upon pro se plaintiff via regular mail.) (nmk) [Transferred from New York Northern on 10/27/2022.]
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Filing 4
TEXT ORDER: granting Direct Assignment. The cases are deemed related. SO ORDERED by Chief Judge Brenda K. Sannes on 9/8/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 10/27/2022.]
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| Filing 3 PRO SE HANDBOOK, LOCAL RULES and PRO SE NOTICE served via regular mail at time complaint was filed. [Clerk served documents via regular mail on Pro Se Plaintiff on 9/7/2022] (map) [Transferred from New York Northern on 10/27/2022.] |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:21-cv-01230 (BKS/DJS); 1:22-cv-00855 (BKS/DJS); 1:22-cv-00167 (BKS/DJS). (map) [Transferred from New York Northern on 10/27/2022.] |
| TEXT NOTICE OF FILING DEFICIENCY regarding the #1 Complaint. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the #1 Complaint. Pro Se Plaintiff is directed to file proposed summons(es) with the Court within 7 days of this notice. Notice of Filing Deficiency Deadline 9/14/2022. [Served Notice by way of regular mail on Pro Se Plaintiff on 09/07/2022] (map) [Transferred from New York Northern on 10/27/2022.] |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule 16 Conference set for 12/5/2022 at 9:00 AM in Albany before U.S. 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 11/28/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map) [Transferred from New York Northern on 10/27/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Administration for Children Services, Rosmil Almonte, Bolade Begho, Brooklyn DA Office, City of New York, Kathryn Conway, Corporate Counsel, Jess Dannhauser, Janet DiFiore, Excellence Initiative, Rashima Ferguson, Paula Garcia, Nicola Gibson, Leotta Green, David Hansell, Andrew Hevesi, Ardaisha Hudson, Joseph Palomino Ingoglia, Margaret Ingoglia, Letitia James, Travis Johnson, Legal Society, Stephen Louis, NYC Children, New York State Attorney Generals Office, New York State Office of Children and Family Services, New York State Office of the Inspector General, New York State Unified Court System, Sheila Poole, Janet Sabel, Amy Serlin, Amanda White, Jacqueline Williams, Iyesha Witherspoon (Filing fee $402 receipt number ALB012531) filed by Robert Malek. (Attachments: #1 Exhibit: Table of Contents & Exhibits A-H (Redacted), #2 Exhibit: Exhibits I-W (Redacted), #3 Exhibit: Exhibits X-Z (Redacted), #4 Civil Cover Sheet, #5 Mailing Envelope)(map) [Transferred from New York Northern on 10/27/2022.] |
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