Francis v. Department of Social Service(DDS)
| Andy Francis |
| Department of Social Service(DDS) |
| 1:2022cv06860 |
| November 9, 2022 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Nina Morrison |
| Nina R Morrison |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 9, 2023. A more recent docket listing may be available from PACER.
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Minute Entry and Order:An initial conference was held by telephone on Tuesday, December 20, 2022, at 3:30 p.m. before Judge Nina R. Morrison. The Court asked plaintiff to provide further details regarding his account of the underlying factual issues giving rise to his claims specifically, his assertion that he had paid all child support legally required of him, and that the Family Court judgment obtained by the Department of Social Services was based on an erroneous belief by the Department that he had not done so. The Court then asked defense counsel to make a good-faith effort to determine whether the facts asserted by plaintiff were correct and could be corroborated. Defense counsel agreed to do so in the interests of justice, and to potentially resolve this matter as well to potentially resolve Plaintiff's parallel state court litigation, provided Defendant does not waive any of its legal claims or defenses by doing so, whether procedural or substantive. Plaintiff agreed to cooperate fully with Defense counsel's review of his underlying factual claims, to provide all documentation requested, and to be patient while defense counsel attempts to review and substantiate his account in light of the other demands on counsel's time. Accordingly, over the next sixty days, the parties shall work together to review three issues: (1) what child support payments plaintiff Francis was required to make between 1987-2000 and to which persons or entities he was required to do so; (2) whether plaintiff Francis made all payments required of him; and (3) whether plaintiff Francis received adequate notice and an opportunity to be heard before the Family Court entered judgment against him for nonpayment in 2000. The parties shall submit a joint status report to the Court on or before Tuesday, February 21, 2023. In the meantime, the Court holds in abeyance plaintiff's request for an order to show cause at ECF No. #10 , which the Court construes as a motion for a preliminary injunction. Any action taken or information provided by defendant Department of Social Service (DSS) during this time does not constitute a waiver of any claims or defenses the Department may have to plaintiff's underlying action or plaintiffs motion for a preliminary injunction.(FTR Log #15:37-16:23.)(JL)
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SCHEDULING ORDER: The telephone conference previously scheduled for December 20, 2022 at 11:00AM will take place on December 20 at 3:30PM. The parties have been provided a telephone access link via email in advance of the conference. Ordered by Judge Nina R. Morrison on 12/19/2022. (FV)
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SCHEDULING ORDER: A telephone conference shall take place on December 20, 2022, at 11:00AM before Judge Morrison. The parties have been provided a telephone access link via email in advance of the conference. Ordered by Judge Nina Morrison on 12/9/2022. (FV)
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Filing 10
Letter to Judge Morrison dated 11/28/2022 seeking an injunction filed by Andy Francis. (JM)
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Filing 9
CERTIFICATE OF SERVICE by Department of Social Service(DDS) re #8 Notice of Appearance of Darian Alexander, and Individual Practice Rules of Honorable Nina R. Morrison, upon Plaintiff pro se Andy Francis (Alexander, Darian)
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Filing 8
NOTICE of Appearance by Darian Alexander on behalf of Department of Social Service(DDS) (aty to be noticed) (Alexander, Darian)
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Filing 7
SUMMONS Returned Executed by Andy Francis. Department of Social Service(DDS) served on 11/17/2022, answer due 1/16/2023. (JM)
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Filing 6
FILING FEE: $ 402.00, receipt number 200000622 (JM)
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Filing 5
Summons Issued as to Department of Social Service(DDS)., Summons Issued as to Department of Social Service(DDS), U.S. Attorney and U.S. Attorney General (Attachments: #1 Affidavit) (JM)
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Filing 4
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 3
NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Mailed out 11/10/2022 (KD)
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Filing 2
Unsigned Order to Show Cause by Andy Francis (KD)
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Filing 1
COMPLAINT against Department of Social Service(DDS), filed by Andy Francis. (Attachments: #1 Civil Cover Sheet) (KD)
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| Plaintiff: Andy Francis | |
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| Defendant: Department of Social Service(DDS) | |
| Represented By: | Darian Alexander |
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