Malek v. New York State Unified Court System et al
| Robert Malek |
| 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 York, Administration for Children's Services, NYC Children, Sheila Poole, Janet Difiore Glazer, Jacqueline Williams, Margaret Ingoglia, Travis Johnson, Rosmil Almonte, Excellence Initiative, Shilpika Varma, Janie Groff, Christopher Escobar, Letitia James, Legal Aid Society, Paula Garcia, Ardaisha Hudson, Sun River Health, Mark Galen Towes, Sylvia O. Hinds Radix, David Hansell, Patrick Synmoie, David Thayer, Jess B. Dannhauser and Robert Russ Lachanse |
| 1:2022cv06775 |
| November 7, 2022 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Ramon E Reyes |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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Filing 25
ORDER. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/23/2022. (Reyes, Ramon)
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ORDER terminating #22 Motion to Dismiss for Lack of Jurisdiction. This is NOT A MOTION, but a corrected memorandum of law in support of #21 . The corrected memorandum of law will be considered. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/19/2022. (Reyes, Ramon)
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Filing 23
Letter to Judge Gonzalez dated 12/14/2022 filed by Robert Malek. (JM)
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Filing 22
First MOTION to Dismiss for Lack of Jurisdiction & Failure State a Claim - Corrected Memorandum of Law by Administration for Children's Services, Rosmil Almonte, City of New York, Jess B. Dannhauser, Paula Garcia, David Hansell, Sylvia O. Hinds Radix, Ardaisha Hudson, Patrick Synmoie, Mark Galen Towes. (Attachments: #1 Transmittal Covering letter) (Richter, Marilyn)
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Filing 21
First MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Administration for Children's Services, Rosmil Almonte, City of New York, Jess B. Dannhauser, Paula Garcia, David Hansell, Sylvia O. Hinds Radix, Ardaisha Hudson, Patrick Synmoie, Mark Galen Towes. (Attachments: #1 Memorandum in Support) (Richter, Marilyn)
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Filing 24
Letter to Judge Gonzalez dated 12/11/2022 filed by Robert Malek. (JM) Modified on 12/20/2022 (JM).
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Filing 20
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. (KD)
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Filing 19
Case transferred in from District of New York Northern; Case Number 1:22-cv-00855. Original file certified copy of transfer order and docket sheet received.
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Filing 18
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that the Second Recusal Motion (Dkt. No. #11 ) is DENIED as set forth above. 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 11/7/2022.]
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Case transferred electronically to Eastern District of New York pursuant to Order of Transfer dated 10/27/2022. (nmk) [Transferred from New York Northern on 11/7/2022.]
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Filing 17
Letter from Robert Malek regarding service by waiver of service. (Attachments: #1 Envelope)(khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 16
AFFIDAVIT of Service By Mail served on Margaret F. Ingoglia mailed on October 14, 2022, filed by Robert Malek. (khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 15
RESPONSE TO TEXT ORDER dated 9/9/2022, Dkt. #10 filed by Robert Malek. (khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 14
Letter from Robert Malek advising Court I am filing motion to supplement Complaint, shortly. I need time. (khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 13
Letter from Robert Malek regarding Perjury and Corruption. (Attachments: #1 Envelope)(khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 12
Letter Request/Motion from Robert Malek requesting additional time to serve this lawsuit. (Attachments: #1 Envelope)(khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 11
MOTION for Recusal filed by Robert Malek. Response to Motion due by 10/12/2022 Motions referred to Daniel J. Stewart. (khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 10
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 11/7/2022.]
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Filing 9
DECISION and ORDER: It is hereby ORDERED that Plaintiff's motion for recusal (Dkt. No. #6 ) is DENIED. It is further ORDERED that the Clerk shall attach to this Decision and Order a copy of the Decision and Order entered in Malek I denying the same motion for recusal. Signed by Chief Judge Brenda K. Sannes on 9/8/2022. [Copy of this Order and Order in Malek I served upon pro se plaintiff via regular mail.](nmk) [Transferred from New York Northern on 11/7/2022.]
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Filing 8
CERTIFICATE OF SERVICE by Robert Malek re #6 MOTION for Recusal filed by Robert Malek. (khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 7
Summons Issued as to Administration for Childrens Services. (Attachments: #1 Summons issued as to City of New York, #2 Summons issued as to New York State Office of the Inspector General, #3 Summons issued as to NYS Office of Children and Family Services, #4 Summons issued as to NYS Unified Court System, #5 Summons issued as to NYC Children, #6 Summons issued as to Sheila Poole, #7 Summons issued as to Janet DiFiore/Janet DiFiore Glazer, #8 Summons issued as to Jacqueline Williams, #9 Summons issued as to Margaret Ingoglia, #10 Summons issued as to Travis Johnson, #11 Summons issued as to Rosmil Almonte, #12 Summons issued as to Excellence Initiative, #13 Summons issued as to Shilpika Varma, #14 Summons issued as to Janie Groff, #15 Summons issued as to Christopher Escobar, #16 Summons issued as to Letitia James, #17 Summons issued as to Legal Aid Society, #18 Summons issued as to Paula Garcia, #19 Summons issued as to Ardaisha Hudson, #20 Summons issued as to Sun River Health, #21 Summons issued as to Mark Galen Towes, #22 Summons issued as to Sylvia O. Hinds Radix, #23 Summons issued as to David Hansell, #24 Summons issued as to Patrick Synmoie, #25 Summons issued as to David Thayer, #26 Summons issued as to Jess Dannhauser, #27 Summons issued as to Robert Russ Lachanse)(khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 6
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 11/7/2022.]
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Filing 5
TEXT ORDER: granting Direct Assignment. The cases are deemed related. SO ORDERED by Judge Brenda K. Sannes on 8/19/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 11/7/2022.]
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Filing 4
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/18/2022 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 11/14/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)(Mailed a copy of GO#25 to pro se plaintiff on 8/18/2022) [Transferred from New York Northern on 11/7/2022.]
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Filing 3
PRO SE HANDBOOK and NOTICE issued on 8/18/2022 and mailed to pro se plaintiff on 8/18/2022. (khr) [Transferred from New York Northern on 11/7/2022.]
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TEXT NOTICE OF FILING DEFICIENCY as to Robert Malek NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. Summonses were not included with the filing of the Complaint. Provided blank summonses to the pro se plaintiff to complete and mail back to the Clerk's office. Notice of Filing Deficiency Deadline 8/26/2022 (khr)(Mailed notice of deficiency to pro se plaintiff on 8/18/2022) [Transferred from New York Northern on 11/7/2022.]
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TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:22-cv-167; 1:21-cv-1230. (khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 2
Letter from Robert Malek. (khr) [Transferred from New York Northern on 11/7/2022.]
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Filing 1
COMPLAINT WITH JURY DEMAND against Administration for Childrens Services, Rosmil Almonte, City of New York, Jess B. Dannhauser, Janet Difiore Glazer, Christopher Escobar, Excellence Initiative, Paula Garcia, Janie Groff, David Hansell, Sylvia O. Hinds Radix, Ardaisha Hudson, Margaret Ingoglia, Letitia James, Travis Johnson, Robert Russ Lachanse, Legal Aid Society, NYC Children, 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, Sun River Health, Patrick Synmore, David Thayer, Mark Galen Towes, Shilpika Varma, Jacqueline Williams (Filing fee $402 receipt number ALB012518) filed by Robert Malek. (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 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit Mc, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Civil Cover Sheet)(khr) [Transferred from New York Northern on 11/7/2022.]
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