Davis v. Thompson et al
| Jason Davis |
| Ann Thompson, Biju Koshy, Michael McMahon, Ahkianne Wanliss, Ada Molina, Matthew Mobilia Esq., Deedra Bullock, David Douglas, Raja Rajeswari and Thomas Reig |
| Esq. Corporation Counsel of the City of New York |
| 1:2023cv00705 |
| January 30, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Rachel P Kovner |
| Cheryl L Pollak |
| P.I.: Other |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Chief Magistrate Cheryl L. Pollak no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 3/24/2023. (KD)
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| Filing 35 NOTICE of Affidavit Writ of Quo Warranto filed by Jason Davis (IH) |
| Filing 34 AFFIDAVIT of Service for Default Judgment, filed by Jason Davis. (IH) |
| Filing 33 NOTICE of Tort Claim filed by Jason Davis (IH) |
| Filing 32 NOTICE of Affidavit of Fact Writ of Error filed by Jason Davis (IH) |
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Filing 31
ORDER re #16 and #30 : The Court grants the motion to stay (ECF No. 16) pending the resolution of plaintiff's underlying criminal matter. Accordingly, the motion for an extension of time to answer (ECF No. 30) is denied as moot. The parties are to provide a status report by April 14, 2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/15/2023. (BL)
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ELECTRONIC ORDER re #16 and #30 : The Court grants the #16 motion to stay pending the resolution of Plaintiff's underlying criminal matter. Accordingly, the #30 motion for an extension of time to answer is denied as moot. Status Report due by 4/14/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/15/2023. (BL)
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| Filing 30 MOTION for Extension of Time to File Answer to Amended Complaint by Michael McMahon, Ahkianne Wanliss. (Pellegrino, Nicolette) |
| Filing 29 NOTICE of Appearance by Nicolette Pellegrino on behalf of Ahkianne Wanliss (aty to be noticed) (Pellegrino, Nicolette) |
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ORDER: Plaintiff filed his complaint on 12/23/22. #1 Complaint. Plaintiff then filed an amended complaint on 1/30/23. #6 Amended Complaint. Given the amended complaint was filed more than 21 days after the original complaint, Cf. Federal Rule of Civil Procedure 15, the Court grants plaintiff leave to file the #6 amended complaint nunc pro tunc. Tracy v. Freshwater, 623 F.3d 90, 101 (2d Cir. 2010) (The solicitude afforded to pro se litigants takes a variety of forms... embraces relaxation of the limitations on the amendment of pleadings, [and]... leniency in the enforcement of other procedural rules....). The #6 amended complaint is accordingly the operative pleading. Ordered by Judge Rachel P. Kovner on 3/7/23. (NCM)
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ORDER REFERRING MOTION: The #16 motion to stay is respectfully referred to Magistrate Judge Pollak. Ordered by Judge Rachel P. Kovner on 3/7/23. (NCM)
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| Filing 28 SUMMONS Returned Executed by Jason Davis. Michael McMahon served on 2/24/2023, answer due 3/17/2023; Ahkianne Wanliss served on 2/24/2023, answer due 3/17/2023. (IH) |
| Filing 27 SUMMONS Returned Executed by Jason Davis. Raja Rajeswari served on 2/22/2023, answer due 3/15/2023; Thomas Reig served on 2/22/2023, answer due 3/15/2023. (IH) |
| Filing 26 Summons Returned Unexecuted by Jason Davis as to Raja Rajeswari, Thomas Reig. (IH) |
| Filing 25 NOTICE of Amended Affidavit of Fact Writ of Error filed by Jason Davis (IH) |
| Filing 24 NOTICE of Nicolette Pellegrino's B.A.R Membership Credentials filed by Jason Davis (IH) |
| Filing 23 NOTICE of Mailing Tracking Numbers filed by Jason Davis (IH) |
| Filing 22 NOTICE of Emails between Ms. Anderson and Mr. Davis filed by Jason Davis (IH) |
| Filing 21 NOTICE of Writ of Error filed by Jason Davis (IH) |
| Filing 20 Summons Returned Unexecuted by Jason Davis as to Deedra Bullock. (IH) |
| Filing 19 SUMMONS Returned Executed by Jason Davis. Deedra Bullock served on 2/20/2023, answer due 3/13/2023; David Douglas served on 2/20/2023, answer due 3/13/2023. (IH) |
| Filing 18 SUMMONS Returned Executed by Jason Davis. Deedra Bullock served on 1/7/2023, answer due 1/30/2023; David Douglas served on 1/7/2023, answer due 1/30/2023; Biju Koshy served on 1/7/2023, answer due 1/30/2023; Matthew Mobilia Esq. served on 1/7/2023, answer due 1/30/2023; Michael McMahon served on 1/7/2023, answer due 1/30/2023; Ada Molina served on 1/7/2023, answer due 1/30/2023; Ann Thompson served on 1/7/2023, answer due 1/30/2023; Ahkianne Wanliss served on 1/7/2023, answer due 1/30/2023. (IH) |
| Filing 17 Summons Issued as to Raja Rajeswari, Thomas Reig. (IH) |
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ORDER: Plaintiff shall respond to the #16 motion on or before 2/24/23. If plaintiff does not respond, the court shall treat the #16 motion as fully briefed. Ordered by Judge Rachel P. Kovner on 2/21/23. (NCM)
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| Filing 16 First MOTION to Stay or, in the alternative, for an extension of time by Michael McMahon. (Pellegrino, Nicolette) |
| Filing 15 NOTICE of Appearance by Nicolette Pellegrino on behalf of Michael McMahon (aty to be noticed) (Pellegrino, Nicolette) |
| Filing 14 NOTICE of Appearance by Nicolette Pellegrino on behalf of Corporation Counsel of the City of New York (aty to be noticed) (Pellegrino, Nicolette) |
| Filing 13 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) |
| Filing 12 Case transferred in from District of New York Southern; Case Number 1:22-cv-10854. Original file certified copy of transfer order and docket sheet received. |
| Filing 11 AFFIDAVIT OF SERVICE. Ahkianne Wanliss served on 1/3/2023, answer due 1/24/2023. Document filed by Jason Davis. (vfr) [Transferred from New York Southern on 1/31/2023.] |
| Filing 10 AFFIDAVIT OF DUE DILIGENCE of Summons and Complaint. (yv) [Transferred from New York Southern on 1/31/2023.] |
| Filing 9 AFFIDAVIT OF DUE DILIGENCE Document filed by Jason Davis. (tg) [Transferred from New York Southern on 1/31/2023.] |
| Filing 8 AFFIDAVIT OF DUE DILIGENCE as to Matthew Mobilia of Summons and Amended Complaint,. Document filed by Jason Davis..(rro) [Transferred from New York Southern on 1/31/2023.] |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Michael McMahon served on 1/3/2023, answer due 1/24/2023. Service was made by Mail. Document filed by Jason Davis..(rro) [Transferred from New York Southern on 1/31/2023.] |
| Filing 6 AMENDED COMPLAINT amending #1 Complaint against Deedra Bullock, David Douglas, Biju Koshy, Matthew Mobilia Esq., Michael McMahon, Ada Molina, Ann Thompson, Ahkianne Wanliss, Raja Rajeswari, Thomas Reig with JURY DEMAND.Document filed by Jason Davis. Related document: #1 Complaint. (vfr) [Transferred from New York Southern on 1/31/2023.] |
| Filing 5 AFFIDAVIT OF DUE DILIGENCE as to Biju Koshy. Document filed by Jason Davis..(rro) [Transferred from New York Southern on 1/31/2023.] |
| Filing 4 AFFIDAVIT OF ATTEMPTED SERVICE. Document filed by Jason Davis..(rro) [Transferred from New York Southern on 1/31/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(tg) [Transferred from New York Southern on 1/31/2023.] |
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Filing 3
ORDER: The Court directs the Clerk of Court to transfer this action to the United States District Court for the Eastern District of New York. See 28 U.S.C. 1406(a). This Order closes this action in this Court. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge John P. Cronan on 1/4/2023) (tg) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 1/31/2023.]
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| Mailed a copy of #3 Order, to Jason Davis 11 Mersereau Ave. Staten Island, NY 10303. (dsh) [Transferred from New York Southern on 1/31/2023.] |
| Filing 1 COMPLAINT against Deedra Bullock, David Douglas, Biju Koshy, Matthew Mobilia Esq., Michael McMahon, Ada Molina, Ann Thompson, Ahkianne Wanliss. (Filing Fee $ 402.00, Receipt Number 10348)Document filed by Jason Davis..(rdz) [Transferred from New York Southern on 1/31/2023.] |
| SUMMONS ISSUED as to Deedra Bullock, David Douglas, Biju Koshy, Matthew Mobilia Esq., Michael McMahon, Ada Molina, Ann Thompson, Ahkianne Wanliss..(rdz) [Transferred from New York Southern on 1/31/2023.] |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) [Transferred from New York Southern on 1/31/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 1/31/2023.] |
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