Foy v. New York State Unified Court System et al
| Jahn K. Foy |
| New York Stale Unified Court System, The Office of Court Administration, New York State Attorney General, Alia Razzaq, Charles A. Small, Court Officer Dennis Quirk, Major David Serrano, Major Tawya Young, Sergeant Frank (or Francis) Shea, New York State Unified Court System, Honorable Janet DiFiore, Honorable Peter P. Sweeney and The New York State Office of Court Administration |
| 1:2023cv00656 |
| January 30, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Kiyo A Matsumoto |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER: Plaintiff has filed a Motion to Amend the Complaint. (See Mot. to Amend filed March 9, 2023, Dkt. No. #12 ). Local Civil Rule 6.1(b) requires that for "all civil motions, petitions, and applications, other than those [under Fed. R. Civ. P. 26 through 37 inclusive and 45(d)(3)], and other than petitions for writs of habeas corpus,... any opposing affidavits and answering memoranda shall be served within fourteen days after service of the moving papers." Plaintiff's motion was filed on the docket on March 9, 2023; Defendants' opposition was due by March 23, 2023. Defendants have not filed an opposition. Accordingly, the Court deems the motion unopposed. Rule 15 permits a party to "amend its pleading once as a matter of course within: (A) 21 days after serving" the original pleading, or (B) "21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f)." Fed. R. Civ. P. 15(a)(1). Otherwise, "a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). In other words: In the absence of any apparent or declared reason--such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.--the leave sought should, as the rules require, be "freely given." Foman v. Davis, 371 U.S. 178, 182 (1962) (quoting a prior version of Rule 15(a)(2)). Plaintiff already filed an Amended Complaint once, as a matter of course, on February 13, 2023. (Am. Compl., Dkt. No. #7 ). Accordingly, Plaintiff's motion is governed by Rule 15(a)(2). The Court has not yet held an initial conference, and as such, no Rule 16 deadline has been set. Plaintiff attached the proposed pleading to the motion. The proposed amendment appears to add one additional defendant, the Honorable Tamiko Amaker, and it also clarifies Plaintiff's claims for relief and the statutes under which relief is sought as they relate to the facts alleged and individuals named as defendants. In addition, the Court understands the amended pleading to indicate that Plaintiff is suing the Individual Defendants in both their official and individual capacities. As such, the motion is granted. E.g., Blocker v. Southport Corr. Facility, No. 12-CV-6211, 2014 WL 3894401, at *1 (W.D.N.Y. Aug. 8, 2014) (granting unopposed motion to amend "so that Plaintiff" could "clarify the basis for his action"); Corbett v. GC Servs. Ltd. P'ship, No. 05-CV-7680, 2006 WL 1652695, at *1 (S.D.N.Y. June 14, 2006) ("The amendments will not prejudice the defendant and there is no evidence that they are made in bad faith..... Since the proposed amendments are unopposed and will assist the Court in the resolution of this action, [the] motion to amend the complaint is [granted]."); see also Silverman v. City of New York, No. 98-CV-6277, 2001 WL 1776157, at *2 n.1 (E.D.N.Y. Nov. 19, 2001) (granting in part motion to amend to add section 1983 claim where this portion of the motion was unopposed since defendants did not argue they would be prejudiced by the amendment). The Clerk's Office is directed to file the proposed Second Amended Complaint as a separate docket entry on Plaintiff's behalf. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/30/2023. (IS)
|
| Filing 16 Summons Returned Unexecuted by Jahn K. Foy as to Dennis Quirk. (JT) |
|
ORDER: The motion to stay #14 is granted. The deadline for the Individual Defendants to answer, move, or otherwise respond to the Amended Complaint is extended to 30 days following any decision on the motion to amend #12 . In addition, the motion for extension of time to file answer #15 is granted. The deadline for Defendant Sergeant Frank (or Francis) Shea to answer, move, or otherwise respond to the Amended Complaint is extended to 5/15/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/14/2023. (IS)
|
| Filing 15 MOTION for Extension of Time to File Answer by New York State Attorney General. (Onnen, Miranda) |
| Filing 14 MOTION to Stay re #7 Amended Complaint, time to answer or otherwise respond by Janet DiFiore, Major David Serrano, Major Tawya Young, Alia Razzaq, Charles A. Small, Peter P. Sweeney. (Onnen, Miranda) |
| Filing 13 NOTICE of Appearance by Miranda Onnen on behalf of Janet DiFiore, Major David Serrano, Major Tawya Young, Alia Razzaq, Charles A. Small (aty to be noticed) (Onnen, Miranda) |
| Filing 12 MOTION to Amend/Correct/Supplement #7 Amended Complaint, Proposed Amended Complaint included by Jahn K. Foy. (JT) |
| Filing 11 Summons Returned Unexecuted by Jahn K. Foy as to Dennis Quirk. (JT) |
| Filing 10 SUMMONS Returned Executed by Jahn K. Foy. Janet DiFiore served on 2/21/2023, answer due 3/14/2023; Major David Serrano served on 2/21/2023, answer due 3/14/2023; Major Tawya Young served on 2/27/2023, answer due 3/20/2023; Alia Razzaq served on 2/21/2023, answer due 3/14/2023; Sergeant Frank (or Francis) Shea served on 2/21/2023, answer due 3/14/2023; Charles A. Small served on 2/21/2023, answer due 3/14/2023; Peter P. Sweeney served on 2/21/2023, answer due 3/14/2023; The New York State Office of Court Administration served on 2/21/2023, answer due 3/14/2023. (JT) |
| Filing 9 Corrected Summons Reissued as to Janet DiFiore, Major David Serrano, Major Tawya Young, Dennis Quirk, Alia Razzaq, Sergeant Frank (or Francis) Shea, Charles A. Small, Peter P. Sweeney, The New York State Office of Court Administration. (JT) |
|
ORDER: The motion for extension of time to answer #6 is granted. Defendants New York State Unified Court System, The Office of Court Administration, and New York State Attorney General shall answer, move, or otherwise respond to the Complaint by 4/21/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/17/2023. (IS)
|
| Filing 6 Joint MOTION for Extension of Time to File Answer re #1 Complaint by New York State Attorney General. (Onnen, Miranda) |
| Filing 5 NOTICE of Appearance by Miranda Onnen on behalf of New York State Attorney General (aty to be noticed) (Onnen, Miranda) |
| Filing 8 Summons Issued as to Janet DiFiore, Major David Serrano, Major Tawya Young, Dennis Quirk, Alia Razzaq, Sergeant Frank (or Francis) Shea, Charles A. Small, Peter P. Sweeney, The New York State Office of Court Administration. (JT) |
| Filing 7 AMENDED COMPLAINT against Major David Serrano, Major Tawya Young, Dennis Quirk, Alia Razzaq, Sergeant Frank (or Francis) Shea, Charles A. Small, Janet DiFiore, Peter P. Sweeney, The New York State Office of Court Administration, filed by Jahn K. Foy. (JT) |
| 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. (SR) |
| Filing 3 Summons Issued as to All Defendants. (SR) |
| Filing 2 FILING FEE: $ 402.00, receipt number 100004451 (SR) |
| Filing 1 COMPLAINT against All Defendants, filed by Jahn K. Foy. (Attachments: #1 Civil Cover Sheet, #2 Supporting Documents) (SR) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
