Brand et al v. Narco Freedom Inc. et al
| Jason P Brand and Samantha L Brand |
| Narco Freedom Inc., CIGNA Life Insurance Company of New York, NYS Attorney General Charities Bureau, Lari Lappin Jones, Samaritan Village Inc., Acacia Network, New York State Office of Alcoholism and Substance Abuse Services and Correction Officer John Doe |
| 2:2015cv05021 |
| August 19, 2015 |
| U.S. District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R Brown |
| Anne Y Shields |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 164 MANDATE of USCA 20-1952 as to #163 Notice of Appeal, filed by Jason P Brand. A notice of appeal was filed on June 17, 2020. Appellant's Form D-P was due July 07, 2020. The case is deemed in default. IT IS HEREBY ORDERED that the appeal will be dismissed effective August 11, 2020 if the form is not filed by that date. (Landow, Concetta) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #163 Notice of Appeal; Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Landow, Concetta) |
| Filing 163 NOTICE OF APPEAL as to #160 Order Adopting Report and Recommendations, Order on Motion to Compel, Order on Motion for Order to Show Cause, Order on Report and Recommendations, Order on Sua Sponte - Report and Recommendations, #161 Clerk's Judgment by Jason P Brand. IFP Status was granted at the inception of the case and continues through Appeal. (Landow, Concetta) |
| Filing 162 Letter to Judge Brown from Jason Brand re: "Opposition to Dismissal" (Tirado, Chelsea) |
| Filing 161 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Jason P. Brand take nothing of defendants Narco Freedom, Inc., Cigna Life Insurance Co. of NY, NYS Attorney General Charities Bureau, Lari Lappin Jones, Samaritan Village, Ince., Acacia Network, New York State Office of Alcoholism and Substance Services, and Correction Officer John Doe; that all claims against defendant Lari Lappin Jones are dismissed; that plaintiffs claims as to defendants NYS Attorney General Charities Bureau, Samaritan Village, Ince., Acacia Network, New York State Office of Alcoholism and Substance Services and Correction Officer John Doe are dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), 1915A(b)(1) for failure to state a claim for relief; that defendant Cigna Life Insurance Company of New York's motion for summary judgment is granted in all respects; that defendant Narco Freedom, Inc., is dismissed from this action; and that this case is closed. Ordered by Clerk of Court on 5/22/2020 (CM to pro se plaintiff with an appeal packet). (Toritto, Jim) |
Filing 160
ORDER ADOPTING REPORT AND RECOMMENDATIONS - Based on the foregoing, the R&R dated 3/23/2020, and the sua sponte R&R dated 4/28/2020 are adopted in their entirety. The pending motions seeking relief from Cigna, DE #139 and #140 , are denied as moot, and Narco Freedom is hereby dismissed from this action. The Clerk of the Court is directed to serve a copy of this Order upon pro se plaintiff and close the case. SO Ordered by Judge Gary R. Brown on 5/20/2020. (Tirado, Chelsea)
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| Filing 159 AFFIDAVIT/AFFIRMATION re #158 SUA SPONTE REPORT AND RECOMMENDATIONS re #1 Complaint filed by Jason P Brand, Samantha L Brand Affirmation of Service by Narco Freedom Inc. (Healy, Siobhan) |
| Filing 158 SUA SPONTE REPORT AND RECOMMENDATIONS re #1 Complaint filed by Jason P Brand, Samantha L Brand. For the reasons set forth in the attached Report and Recommendation, this Court respectfully recommends that Plaintiff's ADA claim be dismissed and that Defendant Narco Freedom, Inc. be dismissed from this action. A copy of this Report and Recommendation is being electronically served on Defendants by electronic filing on the date below. Counsel for Defendant Narco Freedom, Inc., is directed to serve a copy of this Report and Recommendation by overnight mail and first-class mail to Plaintiff at his last known address(es) and to file proof of service on ECF by April 30, 2020. Any written objections to the Report and Recommendation must be filed with the Clerk of the Court within fourteen (14) days of service of this report. Entered by Magistrate Judge Anne Y. Shields on 4/28/2020. (Mucciaccio, Dina) |
| Filing 157 Letter Response to 3.26.20 Scheduling Order by Narco Freedom Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service) (Healy, Siobhan) |
| Filing 156 AFFIDAVIT/AFFIRMATION re Scheduling Order,, #140 MOTION for Order to Show Cause , #139 Letter MOTION to Compel the Court to Proceed with the Action (Change in Circumstances), Order on Motion for Reconsideration,, by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) |
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ORDER granting #153 Motion for Reconsideration: The Court grants Plaintiff's motion for reconsideration and, upon reconsideration, adheres to its prior recommendation issued on March 23, 2020, which recommends that Plaintiff's pending motions be denied as moot since they seek relief from Cigna who is no longer a party to this action. Counsel for Cigna is directed to serve Plaintiff with a copy of this Order, and to file proof of service on the docket sheet, by April 17, 2020. So Ordered by Magistrate Judge Anne Y. Shields on 4/14/2020. (Minerva, Deanna)
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| Filing 155 RESPONSE in Opposition re #153 MOTION for Reconsideration re REPORT AND RECOMMENDATIONS re #140 MOTION for Order to Show Cause filed by Jason P Brand, #139 Letter MOTION to Compel the Court to Proceed with the Action (Change in Circumstances) filed by Jason filed by CIGNA Life Insurance Company of New York. (Horbatiuk, Kevin) |
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SCHEDULING ORDER re #153 MOTION for Reconsideration re REPORT AND RECOMMENDATIONS re #140 MOTION for Order to Show Cause filed by Jason P Brand, #139 Letter MOTION to Compel the Court to Proceed with the Action (Change in Circumstances) filed by Jason filed by Jason P Brand: Defendants shall respond, in writing, to Plaintiff's motion for reconsideration by April 13, 2020. Specifically, Defendant Cigna shall respond to Plantiff's contention that it is still a party to this action. So Ordered by Magistrate Judge Anne Y. Shields on 4/6/2020. (Minerva, Deanna)
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| Filing 154 AFFIDAVIT/AFFIRMATION of Service of 03.26.20 Scheduling Order by Narco Freedom Inc. (Healy, Siobhan) |
| Filing 153 MOTION for Reconsideration re REPORT AND RECOMMENDATIONS re #140 MOTION for Order to Show Cause filed by Jason P Brand, #139 Letter MOTION to Compel the Court to Proceed with the Action (Change in Circumstances) filed by Jason P Brand to remove the party "CIGNA" by Jason P Brand. (Tirado, Chelsea) |
| Filing 152 Letter to Judge Shields from Jason Brand in response to Narco Freedom, Inc's letter dated 3/17/2020 (DE #149 ). (Tirado, Chelsea) |
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SCHEDULING ORDER: It appears from a review of the docket that Plaintiff still has a pending ADA claim against Defendant Narco. Plaintiff is directed to submit a letter to this Court on or before April 27, 2020, advising whether he has, in fact, filed for Chapter 7 bankruptcy, as Defendant has stated. In addition, counsel for Defendant Narco is directed to submit, on notice to Plaintiff by April 27, 2020, a copy of any stipulation of settlement reached during its client's bankruptcy proceeding upon which it takes the position that the remaining ADA claim is settled. Defendant Narco shall also provide the Court with support for its position that a Chapter 7 bankruptcy plaintiff's previously filed ADA suit is subject to the automatic stay, or that such a plaintiff may not pursue an action, for any other reason, as a result of a Chapter 7 filing. Defendant Narco's counsel is directed to serve a copy of this Order on Plaintiff, as well as Plaintiff's Chapter 7 bankruptcy trustee, if any, and to file proof of service on the docket sheet by March 30, 2020. So Ordered by Magistrate Judge Anne Y. Shields on 3/26/2020. (Minerva, Deanna)
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| Filing 151 Letter to pro se litigant Jason Brand from the Pro Se Office returning letter without docketing or consideration. (Tirado, Chelsea) |
| Filing 150 AFFIDAVIT/AFFIRMATION of Service of 3.23.20 Docket Text Entry by Narco Freedom Inc. (Healy, Siobhan) |
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REPORT AND RECOMMENDATIONS re #140 MOTION for Order to Show Cause filed by Jason P Brand, #139 Letter MOTION to Compel the Court to Proceed with the Action (Change in Circumstances) filed by Jason P Brand: This Court respectfully recommends that Plaintiff's pending motions be denied as moot as they seek relief from defendant Cigna, who has already been granted summary judgment and dismissed from this action pursuant to Docket Entries #142 and #147 . This Court further recommends that the Clerk of the Court terminate Cigna as a party to this action. A copy of this Report and Recommendation is being electronically served on counsel. Further, the Court is directing counsel for Defendant Narco to serve a copy of this Report and Recommendation by overnight mail and first-class mail to Plaintiff at his last known address(es) and to file proof of service on ECF by March 25, 2020. Any written objections to the Report and Recommendation must be filed with the Clerk of the Court within fourteen (14) days of service of this report. 28 U.S.C. 636(b)(1) (2006 & Supp. V 2011); Fed. R. Civ. P. 6(a), 72(b). Any requests for an extension of time for filing objections must be directed to the district judge assigned to this action prior to the expiration of the fourteen (14) day period for filing objections. Failure to file objections within fourteen (14) days will preclude further review of this report and recommendation either by the District Court or Court of Appeals. Thomas v. Arn, 474 U.S. 140, 145 (1985) ([A] party shall file objections with the district court or else waive right to appeal.); Caidor v. Onondaga Cnty., 517 F.3d 601, 604 (2d Cir. 2008) ([F]ailure to object timely to a magistrates report operates as a waiver of any further judicial review of the magistrates decision.). Objections to R&R due by 4/6/2020. So Ordered by Magistrate Judge Anne Y. Shields on 3/23/2020. (Minerva, Deanna)
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| Filing 149 Letter to Judge Shields in response to Order seeking a summary of the history of this action and status by Narco Freedom Inc. (Attachments: #1 Affidavit of Service) (Babchik, Jack) |
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SCHEDULING ORDER: In light of the recent referrals by Judge Brown, Defendants are directed to provide a status letter to this Court by March 17, 2020, detailing the history of this action and setting forth the current status of the action, including what, if any, motions remain to be decided. So Ordered by Magistrate Judge Anne Y. Shields on 3/10/2020. (Minerva, Deanna)
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ELECTRONIC ORDER - All pretrial proceedings are hereby referred to the assigned Magistrate Judge. In addition, any dispositive pretrial motions are referred to the assigned Magistrate Judge for a Report and Recommendation. In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are reminded that, if all parties consent, a United States Magistrate Judge may: (1) conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment; or (2) conduct all proceedings and enter a final order on a particular motion. A consent form should be signed and filed electronically only if all parties wish to consent and it is signed by all parties. Consent forms may be accessed at the following links: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085A.pdf. You may withhold your consent without adverse substantive consequences. DO NOT return or file a consent form unless all parties have signed the consent. The Clerk of Court is directed to mail a copy of this Order to the pro se plaintiff. SO Ordered by Judge Gary R. Brown on 3/9/2020. (Tirado, Chelsea)
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ELECTRONIC ORDER re #148 Letter. The Court construes #148 Letter as a motion to reconsider the Report and Recommendation #142 , which Report and Recommendation was adopted by Judge Azrack #147 . The motion to reconsideration is GRANTED. Upon reconsideration, and upon review of pro se plaintiff's submission entitled "SUBSTANTIAL RESPONSE RE: OPPOSITION TO DEF. CIGNA STATEMENT OF FACTS" #148 , the Court will adhere to its original decision. The Clerk of the Court is directed to mail a copy of this electronic order upon pro se plaintiff. Ordered by Judge Gary R. Brown on 3/6/2020. (Yim, Kevin)
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| Filing 148 Letter to Judge Brown from Jason Brand re "Ongoing Conflict" (Tirado, Chelsea) |
| Incorrect Case/Document/Entry Information. Original docket entry 148 "Letter to Jason Brand from the Pro Se Department returning document without docketing or consideration" has been deleted. The document will be refiled in the correct case 19cv276. (Florio, Lisa) |
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Filing 147
ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, I adopt Judge Brown's R&R in its entirety as the opinion of the Court. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that in forma pauperis status for the purpose of an appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied. The Clerk of the Court is directed to mail a copy of this order to Plaintiff. SO Ordered by Judge Joan M. Azrack on 2/25/2020. (Tirado, Chelsea)
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ORDER REFERRING MOTION: #140 MOTION for Order to Show Cause filed by Jason P Brand, #139 Letter MOTION to Compel the Court to Proceed with the Action (Change in Circumstances) filed by Jason P Brand are respectfully referred to Judge Shields for DECISION. Ordered by Judge Gary R. Brown on 2/26/2020. (Yim, Kevin)
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| Case Reassigned to Judge Gary R. Brown. Judge Joan M. Azrack no longer assigned to the 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. (McMahon, Carol) |
| Filing 146 REPLY in Opposition re #144 Objection to Report and Recommendations, filed by CIGNA Life Insurance Company of New York. (Attachments: #1 Affidavit of Service Affidavit of Service) (Horbatiuk, Kevin) |
| Case Reassigned to Judge Joan M. Azrack. Judge Gary R. Brown no longer assigned to the 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. (McMahon, Carol) |
| Case reassigned to Judge Gary R. Brown. Judge Joan M. Azrack no longer assigned to the 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. (Russo, Eric) |
| Case reassigned to Magistrate Judge Anne Y. Shields. Magistrate Judge Gary R. Brown no longer assigned to the 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. (Russo, Eric) |
| Filing 145 Letter Motion re Plaintiff's Chapter 7 Bankruptcy Filings by CIGNA Life Insurance Company of New York (Attachments: #1 Exhibit Chapter 7 Bankruptcy Filings) (Horbatiuk, Kevin) |
| Filing 144 OBJECTION to #142 Report and Recommendations filed by Jason P Brand. (Attachments: #1 Supporting Case Law, #2 Relevant Policy Documents, #3 Relevant Communication between Cigna & Brand between January 2019 to Present, #4 Attempts to Rectify Issues Through Cigna Counsel, #5 History of Cigna's Known Claims Practices) (Ortiz, Grisel) |
| Filing 143 CERTIFICATE OF SERVICE by CIGNA Life Insurance Company of New York re #142 REPORT AND RECOMMENDATIONS re #117 MOTION for Summary Judgment filed by CIGNA Life Insurance Company of New York to Pro Se Plaintiff (Horbatiuk, Kevin) |
| Filing 142 REPORT AND RECOMMENDATION re #117 MOTION for Summary Judgment filed by CIGNA Life Insurance Company of New York. See attached Report and Recommendations for details. Counsel for CLICNY is directed to serve a copy of this Report and Recommendation upon pro se plaintiff, and file proof of service forthwith. Entered by Magistrate Judge Gary R. Brown, MJ on 1/6/2020. c/ecf CLICNY's counsel (Yim, Kevin) |
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ELECTRONIC ORDER. CIGNA Life Insurance Company of New York is directed to mail a courtesy copy of all motion papers of #117 motion for summary judgment to Magistrate Judge Brown's chambers forthwith. Ordered by Magistrate Judge Gary R. Brown on 12/5/2019. c/ecf; c/m pro se (Yim, Kevin)
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| Filing 141 RESPONSE in Opposition re #140 MOTION for Order to Show Cause , #139 Letter MOTION to Compel the Court to Proceed with the Action (Change in Circumstances) filed by CIGNA Life Insurance Company of New York. (Horbatiuk, Kevin) |
| Filing 140 MOTION for Order to Show Cause by Jason P Brand. (Attachments: #1 Proposed Order) (Ortiz, Grisel) |
| Filing 139 Letter MOTION to Compel the Court to Proceed with the Action (Change in Circumstances) by Jason P Brand. (Ortiz, Grisel) Modified to correct filed date on 11/18/2019 (Ortiz, Grisel). |
| Filing 138 CERTIFICATE OF SERVICE by CIGNA Life Insurance Company of New York re #137 Letter MOTION to Compel the Court to Issue an Order Lifting Stay, (Horbatiuk, Kevin) |
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ELECTRONIC ORDER granting #137 Motion to Compel. Application granted in part. The stay in this case is lifted. CIGNA is directed to serve a copy of this order upon pro se plaintiff and file proof of service. Ordered by Magistrate Judge Gary R. Brown on 8/30/2019. c/ecf to defendant. c/m to pro se plaintiff. (Gilpin, Daniel)
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| Filing 137 Letter MOTION to Compel the Court to Issue an Order Lifting Stay, by Jason P Brand. (Attachments: #1 Principal Life v. Brand Refiling Motions, #2 Brand v. Certain Underwriter Refiling Motions, #3 Refile Motion for Default Judgment, #4 Refile Motions for Cont. & Motion for Injunction) (Ortiz, Grisel) |
| Filing 136 CERTIFICATE OF SERVICE by CIGNA Life Insurance Company of New York re #133 Notice of MOTION for Temporary Restraining Order Notice of MOTION for Permanent Injunction Order Denying Motion for TRO, Motion for Permanent Injunction (Horbatiuk, Kevin) |
| Filing 135 CERTIFICATE OF SERVICE by CIGNA Life Insurance Company of New York re #132 Letter MOTION for Hearing with Cigna Life Ins. Co. & Issue an Injuction, Order Denying Motion for Hearing (Horbatiuk, Kevin) |
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ELECTRONIC ORDER denying #133 Motion for TRO; denying #133 Motion for Permanent Injunction. Application denied. Pro se plaintiff has failed to attach an order from the bankruptcy court dismissing his petition and, thus, this action remains stayed. CIGNA is directed to serve a copy of this order upon pro se plaintiff and file proof of service. Ordered by Magistrate Judge Gary R. Brown on 8/16/2019. c/ecf (Gilpin, Daniel)
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ELECTRONIC ORDER denying #132 Motion for Hearing. Application denied with leave to renew. Pro se plaintiff has failed to attach an order from the bankruptcy court dismissing his petition. Moreover, plaintiff's application exceeds the page limits set forth in the court's individual rules and fails to contain a certification that he met and conferred with opposing counsel prior to filing this application. See 15-cv-3804, Order dated January 29, 2019. CIGNA is directed to serve a copy of this order upon pro se plainitff and file proof of service. Ordered by Magistrate Judge Gary R. Brown on 8/16/2019. c/ecf (Gilpin, Daniel)
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| Filing 134 Letter from Pro Se Litigant Re: Bankruptcy Court Motion to Suspend/Defer Plan Payments-Pending Adv. Proceedings. (Ortiz, Grisel) |
| Filing 133 Notice of MOTION for Temporary Restraining Order , Notice of MOTION for Permanent Injunction by Jason P Brand. (Ortiz, Grisel) |
| Filing 132 Letter MOTION for Hearing with Cigna Life Ins. Co. & Issue an Injuction, by Jason P Brand. (Ortiz, Grisel) |
| Filing 131 Letter advising court of Plaintiff's Bankruptcy filing by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) |
| Filing 130 Letter advising court of Plaintiff's Bankruptcy filing by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) |
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ORDER: The letter filed today by CIGNA Life Insurance Company of New York (ECF No. #130 ) contains references to the plaintiff's private personal identifying information. The Court thus directs the Clerk of the Court to seal this document and orders CIGNA to re-file the letter by 7/19/19 with appropriate redactions. These redactions shall include, but are not limited to, any Social Security Numbers and birth dates. Ordered by Judge Joan M. Azrack on 7/18/2019. (EG)
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ELECTRONIC ORDER granting #129 Motion to Compel. The Court has received the order from the bankruptcy court dismissing the bankruptcy case. The stay in this case is, therefore, lifted. Ordered by Magistrate Judge Gary R. Brown on 6/21/2019. c/ecf to defendant. c/m to pro se plaintiff. (Gilpin, Daniel)
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Filing 129
MOTION to Compel the Bankruptcy Stay to be Lifted by CIGNA Life Insurance Company of New York. (Attachments: #1 Exhibit 6/3/19 Order Issued By Judge Scarecella) (Horbatiuk, Kevin)
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ELECTRONIC ORDER denying #128 Motion to Compel. Application denied, without prejudice to making the appropriate application to the bankruptcy court. Ordered by Magistrate Judge Gary R. Brown on 4/15/2019. c/ecf (Gilpin, Daniel)
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| Filing 128 Letter MOTION to Compel the Court to Issue an Order Lifting Stay with United States Trustee Approval, by Jason P Brand. (Attachments: #1 Proposed Order, #2 Exhibit) (Ortiz, Grisel) |
| Filing 127 Letter from Pro Se Dept. to Jason Brand dated 3/12/2019 returning the enclosed subpoenas without docketing or consideration ; Pursuant to the direction of the Chambers of Judge Brown, enclosed please find your proposed subpoenas as your case is now stayed in light of your bankruptcy filing. (Cubano, Jazmin) |
| Filing 126 CERTIFICATE OF SERVICE by CIGNA Life Insurance Company of New York re #125 Order on Motion for Order to Show Cause,,, Order on Motion for Preliminary Injunction,,, Order on Motion for TRO,, upon Pro Se Plaintiff Jason Brand (Horbatiuk, Kevin) |
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Filing 125
ELECTRONIC ORDER withdrawing #124 Motion for Order to Show Cause; withdrawing #124 Motion for Preliminary Injunction; withdrawing #124 Motion for TRO. In light of plaintiff's bankruptcy filing (see attached bankruptcy notice), this motion is deemed withdrawn without prejudice to refiling at a later date. Defendant CIGNA is directed to serve a copy of this order upon pro se plaintiff and file proof of service. Ordered by Magistrate Judge Gary R. Brown on 3/7/2019. c/ecf to defendants. c/m to plaintiff. (Gilpin, Daniel)
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| Filing 124 MOTION for Order to Show Cause as to Defendant Cigna Life Ins. Co. of New York, MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Jason P Brand. (Attachments: #1 The Conflict(s)/Issue(s) that Require the Relief Requested as Such Time, #2 Exhibit, #3 Proposed Order) (Ortiz, Grisel) |
| Filing 123 Notice of Related Cases: 19-cv-276-JMA-GRB, 15-cv-6285-JMA-GRB, 15-cv-6286-JMA-GRB, 15-cv-6371-JMA-GRB, 15-cv-6437-JMA-GRB, 15-cv-6678-JMA-GRB, 16-cv-1575-JMA-GRB, 16-cv-1998-JMA-GRB, 16-cv-2586-JMA-GRB, 16-cv-3965-JMA-GRB, 16-cv-4403-JMA-GRB and 16-cv-4039-JMA-GRB (Cox, Dwayne) |
| Filing 122 NOTICE of Case Law, filed by Jason Brand. (Ortiz, Grisel) |
| Filing 121 STATEMENT OF FACTS & CALCULATION OF BENEFIT DUE, filed by Jason Brand. (Ortiz, Grisel) |
| Filing 120 REPLY to Response to Motion re #117 MOTION for Summary Judgment filed by Jason P Brand. (Ortiz, Grisel) |
| Filing 119 REPLY to Response to Motion re #117 MOTION for Summary Judgment filed by CIGNA Life Insurance Company of New York. (Horbatiuk, Kevin) |
| Filing 118 MEMORANDUM in Opposition re #117 MOTION for Summary Judgment filed by CIGNA Life Insurance Company of New York. (Horbatiuk, Kevin) |
| Filing 117 MOTION for Summary Judgment by CIGNA Life Insurance Company of New York. (Attachments: #1 Declaration Declaration of Kevin Horbatiuk, #2 Declaration Declaration of Richard Lodi, #3 Memorandum in Support Memorandum of Law, #4 Rule 56.1 Statement Rule 56.1 Statement of Facts, #5 Certificate of Service Certificate of Service) (Horbatiuk, Kevin) |
| Filing 116 Letter in Opposition of Def. "Cigna" Rule 56.1 Filling of Summary Judgment as Premature, as all Claims Made Have Not Fully Been Resolved, filed by Pro Se Litigant Jason Brand dated 12/11/2018. (Ortiz, Grisel) |
| Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Status Conference held on 10/31/2018. APPEARANCES: Jason Brand, pro se; Kevin Horbatiuk and Jack Babchik for defendants. Parties have 1 week to serve contention interrogatories. Summary judgment briefing schedule set: 30 days defendants serve motion; response due 30 days after; 2 weeks for reply and file fully briefed motion in accordance with Judge Azrack's individual rules. c/m/ plaintiff (FTR Log #3:24-3:45.) (McMorrow, Karen) |
| Filing 115 AFFIDAVIT of Service for Electronic Court Order dated October 10, 2018 served on Jason P. Brand on October 22, 2018, filed by Narco Freedom Inc.. (Babchik, Jack) |
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ELECTRONIC ORDER granting #106 Motion for Hearing and #113 Motion for a Conference. The parties shall appear for a status conference before the undersigned on October 31, 2018, at 3:00 pm in courtroom 840. Defendants are directed to serve a copy of this order upon plaintiff. Ordered by Magistrate Judge Gary R. Brown on 10/10/2018. c/ecf. c/mail to pro se plaintiff. (Gilpin, Daniel)
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| Filing 113 Letter from Pro Se Litigant to Judge Azrack dated 9/29/2018 Re: Scheduling Order. (Ortiz, Grisel) |
| Filing 112 Supplemental(corrections-grammatical) OBJECTION to #105 Report and Recommendations, filed by Jason P Brand. (Ortiz, Grisel) |
| Filing 111 ANSWER to #1 Complaint by Narco Freedom Inc.. (Babchik, Jack) |
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ELECTRONIC ORDER denying #110 Motion for Leave to Allow Pro Se to Electronically File. Plaintiff's application is hereby DENIED consistent with the United States District Court for the Eastern District of New York procedures and instructions for "Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases." As the instructions make clear: Electronic service does NOT allow you to file documents electronically and does NOT mean that you can serve documents by e-mail to the opposing party. You must continue to file all communications regarding your case in paper copy with the Court and to serve the opposing party." Plaintiff is directed to the Court's website: www.nyed.uscourts.gov/forms/all-forms/prose and may contact the pro se law clerk at (631) 712-6060 for any further information regarding these procedures and instructions. In addition, plaintiff's application does not indicate that the opposing party was served with this communication to the Court and thus plaintiff is reminded that any future application to the Court will not be considered absent such indication. Defendants are directed to serve a copy of this Electronic Order upon plaintiff forthwith by first class mail and electronically file proof of service. Ordered by Magistrate Judge Gary R. Brown on 9/20/2018. C/ECF (Johnston, Linda)
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| Filing 110 Letter MOTION for leave to allow Pro Se to Electronically File by Jason P. Brand, Jason P Brand. (Ortiz, Grisel) |
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Filing 108
ORDER ADOPTING REPORT AND RECOMMENDATIONS: I have undertaken a de novo review of the record, the R&R, and the instant objections and agree with Judge Brown's comprehensive and well-reasoned R&R and accept it as the opinion of the Court. Accordingly, I grant defendant's motion to dismiss the Title VII claim, deny defendant's motion to dismiss the ADA claim, and deny defendant's motion for a more definite statement. 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 any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to the pro se plaintiff. So Ordered by Judge Joan M. Azrack on 9/17/2018. (c/m to pro se) (Ortiz, Grisel)
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| Filing 109 Letter Pro Se Litigant Jason Brand to Judge Brown dated 9/13/2018 Re: Reply to the #107 OBJECTION to #105 Report and Recommendations. (Ortiz, Grisel) |
| Filing 107 OBJECTION to #105 Report and Recommendations filed by Narco Freedom Inc.. (Attachments: #1 Affidavit of Service) (Babchik, Jack) |
| Filing 106 MOTION for Hearing Status Conference by CIGNA Life Insurance Company of New York. (Kurzatkowski, Marcin) |
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Filing 105
REPORT AND RECOMMENDATIONS re #99 Motion to Dismiss for Failure to State a Claim filed by Narco Freedom Inc. See attached Report and Recommendation for details. c/mailed to pro se plaintiff.Ordered by Magistrate Judge Gary R. Brown on 8/30/2018.
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ORDER denying #104 Motion for Order to Show Cause. Plaintiff's request for relief is denied. Ordered by Judge Joan M. Azrack on 7/26/2018. (PA)
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| Filing 104 MOTION for Order to Show Cause by Jason P Brand. (Ortiz, Grisel) |
| Filing 103 Letter dtd 7/20/18 from plaintiff to Court RE: papers to add to case (Bollbach, Jean) |
| Filing 102 Letter from Pro Se Litigant Jason Brand to Magistrate Judge Brown dated 1/25/2018. (Ortiz, Grisel) |
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ELECTRONIC ORDER re #99 Motion to Dismiss for Failure to State a Claim filed by Narco Freedom Inc., #100 Affidavit in Support of Motion, filed by Narco Freedom Inc., #101 Memorandum in Support filed by Narco Freedom Inc. The movant is directed to provide the Court with a copy of the motion papers as per the undersigned's individual rules. Ordered by Magistrate Judge Gary R. Brown on 1/11/2018. c/ecf (Johnston, Linda)
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| Filing 101 MEMORANDUM in Support re #99 Motion to Dismiss for Failure to State a Claim , #100 Affidavit in Support of Motion, filed by Narco Freedom Inc.. (Babchik, Jack) |
| Filing 100 AFFIDAVIT/DECLARATION in Support re #99 Motion to Dismiss for Failure to State a Claim filed by Narco Freedom Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Supplemental Complaint, #3 Exhibit C - Stipulation of Settlement in Bankruptcy Action) (Babchik, Jack) |
| Filing 99 Motion to Dismiss for Failure to State a Claim by Narco Freedom Inc.. (Babchik, Jack) |
| Filing 98 STATUS REPORT by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) |
| Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Status Conference held on 12/18/2017. APPEARANCES: Jason Brand, pro se plaintiff; Jack Babchik for Narco Freedom; Kevin G. Horbatiuk for CIGNA. RULINGS:withdrawing #73 Motion for Summary Judgment as premature; granting #90 Motion to Intervene; granting #93 Motion to Continue. Defendant Narco Freedom's answer due by 1/15/2017. CIGNA will submit a status letter with calculations of interest with 3 weeks. (FTR Log #10:47-11:49.) (McMorrow, Karen) |
| Filing 97 AFFIDAVIT/AFFIRMATION of Service of Electronic Order granting #96 Motion to Advance Conference by Narco Freedom Inc., Letter to Pro Se Plaintiff by Narco Freedom Inc. (Attachments: #1 Cover letter to Pro Se Plaintiff with Electronic Court Order) (Babchik, Jack) |
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ELECTRONIC ORDER granting #96 Motion to Advance Conference. Application granted. The December 19, 2017 conference is hereby ADVANCED to December 18, 2017 at 10:30 a.m. Defense counsel is directed to serve a copy of this Order on pro se plaintiff and file proof of service forthwith. Ordered by Magistrate Judge Gary R. Brown on 11/30/2017. c/ecf (Meehan, James)
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| Filing 96 Letter MOTION to Adjourn Conference by Narco Freedom Inc.. (Babchik, Jack) |
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ORDER granting #94 Motion for Hearing. A Status Conference is set for 12/19/2017 at 02:30 PM in Courtroom 840 before Magistrate Judge Gary R. Brown.. Ordered by Magistrate Judge Gary R. Brown on 11/22/2017. (McMorrow, Karen)
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ORDER. All pretrial proceedings are hereby referred to Magistrate Judge Brown. Any dispositive pretrial motions are referred to Judge Brown for a Report and Recommendation. In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are reminded that, if all parties consent, a United States Magistrate Judge may: (1) conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment; or (2) conduct all proceedings and enter a final order on a particular motion. A consent form should be signed and filed electronically only if all parties wish to consent and it is signed by all parties. Consent forms may be accessed at the following links: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085A.pdf. You may withhold your consent without adverse substantive consequences. DO NOT return or file a consent form unless all parties have signed the consent.The Clerk of Court is directed to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Joan M. Azrack on 11/16/2017. (Terranova, Robert)
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| Filing 94 Letter MOTION for Hearing Requesting a conference to discuss the status of this case by Narco Freedom Inc. (Babchik, Jack) Modified event type from Letter to Motion on 11/9/2017 (Ortiz, Grisel). |
| Filing 93 MOTION to Continue Litigation against Narco Freedoom, by Jason P Brand. (Ortiz, Grisel) |
| Filing 92 Letter from Pro Se Litigant Jason Brand to Judge Brown dated 9-12-2017 Re: Letter in Response to the #91 Letter. (Ortiz, Grisel) |
| Filing 91 Letter In response to document filed by plaintiff dated 09/01/2017 by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) |
| Filing 90 Letter MOTION to Intervene by Jason P Brand. (Ortiz, Grisel) |
| Filing 95 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR TELEPHONE STATUS CONFERENCE. Pro Se For Plaintiff: Jason Brand, Present. Counsel For Defendant: Kevin Horbatiuk, present. Telephone Conference held on 8/22/2017 at 11:30 AM. Settlement is not possible at this time. (c/m to pro se) (Ortiz, Grisel) |
| Filing 89 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR STATUS CONFERENCE. Pro Se Plaintiff: Jason Brand, Present. Counsel For Defendant: Kevin Horbatiuk, present. Status Conference held on 8/15/2017 at 11:30 AM. Telephone Status conference scheduled for August 22, 2017 at 11:30 A.M. Defense Counsel shall initiate the call and contact Chambers at 631-712-5600 when both parties are on the line. (Tape #FTR: 11:27- 11:38.) (Ortiz, Grisel) |
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ORDER granting #88 Motion for Hearing. A conference is scheduled on 8/15/2017 at 11:30 AM before Judge Azrack in Courtroom 920 of the Long Island Courthouse. The Clerk of the Court is directed to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Joan M. Azrack on 7/31/2017. (Posillico, Lauren)
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| Filing 88 Letter MOTION for Hearing: to discuss outstanding issues by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) Modified event type from Letter to Motion on 7/31/2017 (Ortiz, Grisel). |
| Filing 87 Letter from Pro Se Litigant to Judge Azrack Re: Status Letter. (Attachments: #1 Status Letter - Updated July 18, 2017, dated 7/18/2017, #2 Status Letter - Updated July 18, 2017, dated 7/24/2017) (Ortiz, Grisel) |
| Filing 86 Letter in Response to #85 STATUS REPORT LETTER by CIGNA Life Insurance Company of New York (Attachments: #1 Exhibit A, #2 Exhibit B) (Horbatiuk, Kevin) Modified docket text to add description of the Letter on 7/21/2017 (Ortiz, Grisel). |
| Filing 85 STATUS REPORT LETTER by Jason P Brand dated 6/30/2017. (Ortiz, Grisel) |
| Filing 84 STATUS REPORT re: benefit calculations by CIGNA Life Insurance Company of New York Associated Cases: 2:15-cv-05021-JMA-GRB, 2:16-cv-01575-JMA-GRB (Horbatiuk, Kevin) |
| Filing 83 Letter dated 6/26/2017 from Jason P. Brand to Judge Azrack pointing out some outstanding issues that must be address before this case against the party "CIGNA" can be dismissed. (Florio, Lisa) |
| Filing 82 NOTICE of Change of Address by Jason P. Brand. (dockets have been updated) (Ortiz, Grisel) |
| Filing 81 Minute Entry for proceedings held before Judge Joan M. Azrack:CIVIL CAUSE FOR STATUS CONFERENCE. Pro Se Plaintiff: Jason Brand, present. Counsel For Defendant: Kevin G. Horbatiuk, present. Status Conference held on 6/21/2017 at 10:30 AM. If the case manager does not contact plaintiff within two weeks the parties should notify the Court and a telephone conference will be scheduled. Counsel for defendant should file a stipulation of discontinuance by 7/21/2017. (Tape #10:54-10:59.) (Ortiz, Grisel) |
| Filing 80 Letter in Further Support of #73 Motion for Summary Judgment, filed by Jason P. Brand dated 6/5/2017. (Ortiz, Grisel) |
| Filing 79 Letter TO HONORABLE JOAN M. AZRACK by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) |
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ELECTRONIC SCHEDULING ORDER: Due to a change in the Court's calendar, the status conference scheduled for 6/19/2017 has been ADJOURNED to 6/21/2017 at 10:30 AM in Courtroom 930 of the Long Island Courthouse. The Clerk of the Court is directed to mail a copy of this Order to the Pro Se Plaintiff at his last known address. Ordered by Judge Joan M. Azrack on 6/1/2017. (Posillico, Lauren)
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| Filing 78 DISPOSITIVE MOTION filed by Pro Se Plaintiff Jason P Brand dated 5/30/2017. (Ortiz, Grisel) |
| Filing 77 Letter in Response to Defendant's #74 Letter RESPOND in Opposition to #73 Letter Motion for Summary Judgment, filed by Pro Se Plaintiff Jason P Brand dated 5/30/2017. (Ortiz, Grisel) |
| Filing 76 CERTIFICATE OF SERVICE by CIGNA Life Insurance Company of New York re Order on Motion for Extension of Time to File, (Horbatiuk, Kevin) |
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ELECTRONIC ORDER finding as moot #70 Motion for Extension of Time to File. The application for an extension of time has become moot given subsequent case activity. Defendants shall serve a copy of this Order on pro se plaintiff and file proof of service forthwith. Ordered by Magistrate Judge Gary R. Brown on 5/26/2017. (Meehan, James)
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| Filing 75 CERTIFICATE OF SERVICE by Jason P Brand re Order on Motion to Withdraw as Attorney (Aulivola, Michelle) |
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ELECTRONIC ORDER granting #72 Motion to Withdraw as Attorney. The application to be relieved as counsel is hereby granted. A copy of this Order shall be served on plaintiff. Ordered by Magistrate Judge Gary R. Brown on 5/12/2017. (Meehan, James)
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| Filing 74 Letter RESPOND in Opposition to #73 Letter Motion for Summary Judgment, by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) Modified docket text to add description of the Letter on 5/9/2017 (Ortiz, Grisel). |
| Filing 73 Letter MOTION for Summary Judgment against CIGNA Life Insurance Company of New York by Jason P Brand. (Ortiz, Grisel) |
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SCHEDULING ORDER: Due to a change in this Court's calendar, the status conference scheduled on 6/21/2017 is ADVANCED to 6/19/2017 at 11:00 AM in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 5/3/2017. (Posillico, Lauren)
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| Filing 72 Letter MOTION to Withdraw as Attorney for Plaintiff Jason P. Brand by Jason P Brand. (Aulivola, Michelle) |
| Filing 71 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Michelle Aulivola, present. Counsel For Defendant: Kevin Horbatiuk for CIGNA (15-cv-5021), present. Status Conference held on 3/2/2017 at 2:00 PM. Status Conference set for 6/21/2017 at 11:00 AM in Courtroom 920 of the Long Island Courthouse before Judge Joan M. Azrack. (Tape #FTR: 2:07-2:10.) (Ortiz, Grisel) |
| Filing 70 MOTION for Extension of Time to File Dispositive Motion by Jason P Brand. (Aulivola, Michelle) |
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SCHEDULING ORDER: A status conference is scheduled on 3/2/2017 at 2:00 PM in before Judge Azrack in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 2/7/2017. (Posillico, Lauren)
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ELECTRONIC ORDER granting #68 Motion for Extension of Time to File. Application granted. Ordered by Magistrate Judge Gary R. Brown on 12/23/2016. c/ecf (Johnston, Linda)
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| Filing 69 RESPONSE in Opposition re #68 MOTION for Extension of Time to File Status of LTD Claim filed by Jason P Brand. (Attachments: #1 Exhibit Exhibit A L.12-22-14, #2 Exhibit Exhibit B -Medicaid Inspector General Search) (Aulivola, Michelle) |
| Filing 68 MOTION for Extension of Time to File Status of LTD Claim by CIGNA Life Insurance Company of New York. (Attachments: #1 Exhibit Responsive email) (Horbatiuk, Kevin) |
| Filing 67 NOTICE of Appearance by Siobhan Amanda Healy on behalf of Narco Freedom Inc. (aty to be noticed) (Healy, Siobhan) |
| Filing 66 Letter regarding appearance during stay by Narco Freedom Inc. (Babchik, Jack) |
| Filing 65 NOTICE of Appearance by Jack Babchik on behalf of Narco Freedom Inc. (aty to be noticed) (Babchik, Jack) |
| Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Discovery Hearing held on 10/6/2016. Michelle Aulivola for plaintiff; Kevin Horbatiuk for defendant. The parties will advise the court of the status of the claim by 1/4/2017. If necessary the parties will take the first step towards making a dispositive motion by 1/4/2017 as well. All pending motions are denied without prejudice to renewal once plaintiff's counsel reviews the documents in this case. (McMorrow, Karen) |
| Filing 64 NOTICE of Appearance by Michelle Aulivola on behalf of Jason P Brand (aty to be noticed) (Aulivola, Michelle) |
| Filing 63 Letter Respond in Opposition to #61 Letter Motion to Compel Discovery from Plaintiff, filed by Pro Se Plaintiff Jason P. Brand dated 9/22/2016. (Ortiz, Grisel) |
| Filing 62 CERTIFICATE OF SERVICE by CIGNA Life Insurance Company of New York re Scheduling Order,, STATUS CONFERENCE (Horbatiuk, Kevin) |
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SCHEDULING ORDER re #51 #61 : A status conference has been scheduled for October 6, 2016 at 3:00 p.m. before the undersigned in Courtroom 840 of the Central Islip Courthouse at which time the Court will address the status of the case and any outstanding discovery issues, including the discovery dispute regarding the execution of proposed authorizations for the claims files. Defendant Cigna Life Insurance Company of New York is directed to mail a copy of this Electronic Order on the pro se plaintiff Jason P. Brand and file proof of service forthwith. Ordered by Magistrate Judge Gary R. Brown on 9/22/2016. c/ecf (Johnston, Linda)
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| Filing 61 Letter Motion to Compel Discovery from Plaintiff by CIGNA Life Insurance Company of New York (Attachments: #1 Exhibit, #2 Exhibit) (Horbatiuk, Kevin) |
| Filing 60 MEMORANDUM in Support re #58 Notice of MOTION to Compel the Court to Issue an Order of Relief, filed by Jason P Brand dated 9/20/2016. (Ortiz, Grisel) |
| Filing 59 MOTION for pre motion conference re #58 Notice of MOTION to Compel the Court to Issue an Order of Relief, by CIGNA Life Insurance Company of New York. (Horbatiuk, Kevin) |
| Filing 58 Notice of MOTION to Compel the Court to Issue an Order of Relief, by Jason P Brand. (Ortiz, Grisel) |
| Filing 57 Letter MOTION for Reconsideration re Order on Motion for Declaratory Judgment, Order on Motion for Declaratory Judgment, Order on Motion for Summary Judgment,,,,,,, by Jason P Brand. (Ortiz, Grisel) |
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ORDER denying #56 Motion for Declaratory Judgment. In light of the ongoing discovery in this action, plaintiff's motion for declaratory judgment is denied as premature. The Clerk of the Court is directed to send a copy of this Order to pro se plaintiff. Ordered by Judge Joan M. Azrack on 7/28/2016. (Jacobs, Harry)
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ORDER denying #44 Motion for Declaratory Judgment; denying #49 Motion for Summary Judgment; denying #52 Motion for Summary Judgment. In light of plaintiff's July 20, 2016 Motion for Declaratory Judgment, which the Court denied as premature, the Court denies plaintiff's previous pending motions for declaratory judgment and summary judgment as premature, without prejudice to refile upon the completion of outstanding discovery. The Clerk of the Court is directed to send a copy of this Order to pro se plaintiff. Ordered by Judge Joan M. Azrack on 7/28/2016. (Jacobs, Harry)
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| Filing 55 Notice of Related Case indicated on the civil cover sheet in case 16-CV-4039 (JMA)(GRB). (Landow, Concetta) |
| Filing 56 Notice of MOTION for Declaratory Judgment / Partial Declaratory Judgment against CIGNA Life Insurance Company of New York, by Jason P Brand. (Ortiz, Grisel) |
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ORDER denying #39 Motion for Leave to File. Plaintiff's request for leave to file a motion for summary judgment is denied, without prejudice, as premature, in light of the fact that discovery in not yet completed. Plaintiff may renew his request for leave to file a motion for summary judgment at the appropriate time, upon the completion of discovery. Ordered by Judge Joan M. Azrack on 7/20/2016. (Jacobs, Harry)
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ORDER finding as moot #29 Motion to Compel. In light of the fact that this case is proceeding against the non-stayed party, the Court finds the Motion to Compel moot. The Clerk of the Court is directed to send a copy of this Order to pro se plaintiff. Ordered by Judge Joan M. Azrack on 7/20/2016. (Jacobs, Harry)
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ORDER denying #5 Motion for Leave to Allow Pro Se to Electronically File. Plaintiff must file all submission with the Pro Se Clerk. The Clerk of the Court is directed to send a copy of this Order to pro se plaintiff. Ordered by Judge Joan M. Azrack on 7/20/2016. (Jacobs, Harry)
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| Filing 54 Notice of Related Case indicated on the civil cover sheet in case 16-CV-3965 (JMA)GRB). (Landow, Concetta) |
| Filing 52 Letter MOTION for Summary Judgment against Defendant Narco Freedom Inc., by Jason P Brand. (Ortiz, Grisel) |
| Filing 51 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR TELEPHONE STATUS CONFERENCE: Pro Se Plaintiff: Jason Brand, present. Counsel For Defendant: Kevin Horbatiuk, present. Telephone Conference held on 5/25/2016 at 1:00 PM. The discovery dispute regarding the proposed authorization is referred to Magistrate Judge Brown. (Ortiz, Grisel) |
| Filing 50 Notice of Related Case: The Civil Cover Sheet filed in civil action 16-CV-2586-JMA-GRB was directly assigned as a Pro Se case related to 15-CV-5021-JMA-GRB. (Ortiz, Grisel) |
| Filing 49 Notice of MOTION for Summary Judgment against Defendant CIGNA Life Insurance Company of New York, by Jason P Brand. (Attachments: #1 Exhibit A to O) (Ortiz, Grisel) |
| Filing 48 MOTION to Compel Payment of Paid Time Off in Accordance with IRS Regs. and ERISA - Which Supersedes the Bankruptcy Filing and is Outside the Estate as Non-Core by Law, and Policy, by Jason P Brand. (Attachments: #1 Table of Contents, #2 Memorandum of Law, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12) (Ortiz, Grisel) |
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Filing 47
ORDER: On November 17, 2015, plaintiff filed a pro se in forma pauperis complaint also against Narco Freedom in the United States District Court for the Southern District of New York. (Brand II). By Transfer Order dated March 22, 2016, Brand II was transferred to the Eastern District of New York and, on March 30, 2016, it was assigned docket number 16-CV-1575 (JMA) (GRB). The application to proceed in forma pauperis in Brand II is granted. However, the complaint in Brand II alleges similar claims based on the same set of facts alleged in Brand I. Because the complaint in Brand II is repetitive of the claims alleged in Brand I, the Court consolidates them under the first filed complaint, 15-5021 (JMA)(GRB), and directs that the case assigned docket number 16-1575 (JMA)(GRB) be closed. All future filings shall be made only under docket number 15-5021 (JMA)(GRB). Given the stay entered in Brand I of plaintiffs claims against Narco Freedom pending the conclusion of the bankruptcy proceedings in the United States Bankruptcy Court for the Southern District of New York, In re Narco Freedom, Inc., No. 16-10123 (SMB), plaintiffs claims against Narco Freedom in Brand II are likewise stayed. 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 any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to the pro se plaintiff. So Ordered by Judge Joan M. Azrack on 5/12/2016. (c/m to pro se) (Ortiz, Grisel)
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| Filing 46 REPLY to #45 Response in Opposition to Motion re #44 Notice of MOTION for Declaratory Judgment , filed by Jason P Brand. (Ortiz, Grisel) |
| Case Consolidated. (Ortiz, Grisel) |
| Filing 45 RESPONSE in Opposition re #44 Notice of MOTION for Declaratory Judgment filed by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) Modified docket text from Notice to Response in Opposition on 5/9/2016 (Ortiz, Grisel). |
| Filing 44 Notice of MOTION for Declaratory Judgment by Jason P Brand. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Ortiz, Grisel) |
| Filing 42 Letter in Response to Plaintiffs Letter filed on April 25, 2016, by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) Modified docket text on 4/28/2016 (Ortiz, Grisel). |
| Filing 43 Letter from Pro Se Plaintiff Jason P. Brand to Judge Azrack dated 4/26/2016 Re: A CD-Rom(disk) received from Defense counsel. (Ortiz, Grisel) |
| Filing 41 Notice of Related Case was indicated on the Civil Cover Sheet in case 16cv1998(JMA)(GRB). (Kanellopoulos, John) |
| Filing 40 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR TELEPHONE STATUS CONFERENCE: Pro Se Plaintiff: Jason Brand, present. Counsel For Defendant: Kevin Horbatiuk, present. Telephone Conference held on 4/13/2016 at 5:00 PM. Next telephone status conference scheduled for 5/25/2016 at 1:00 PM. Counsel for defendant to initiate call and contact the Court at 631-712-5600 when both parties are on the line. (Ortiz, Grisel) |
| Filing 39 Letter MOTION for Leave to File a Summary Judgment 56.1, by Jason P Brand. (Ortiz, Grisel) |
| Filing 38 Letter from Pro Se Plaintiff Jason Brand to Judge Azrack dated 4/4/2016 Re: Letter in Respond to #37 Letter. (Ortiz, Grisel) |
| Filing 37 Letter by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) |
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Filing 36
ORDER: For the forgoing reasons (PLEASE SEE ORDER FOR FURTHER DETAILS), the plaintiff=s application to proceed in forma pauperis is granted, but the Title VII and ADA claims against defendants NYS Attorney General Charities Bureau, Samaritan Village Inc., Acacia Network, New York State Office of Alcoholism and Substance Abuse Services, and Correction Officer John Doe are sua sponte dismissed pursuant to 28 U.S.C. 1915(e)(2) (B)(ii), 1915A(b)(1) for failure to state a claim for relief. Plaintiffs Title VII and ADA claims against defendant Narco Freedom are stayed pending the conclusion of bankruptcy proceedings in United States Bankruptcy Court for the Southern District of New York, In re Narco Freedom, Inc., No. 16-10123(SMB). Plaintiffs ERISA claims against Defendant CIGNA Life Insurance Company of New York may proceed and plaintiff is granted leave to file the complaint as to that claim without prepayment of the filing fee or security. Defendant CIGNA Life Insurance Company of New York is directed to alert the Court by April 13, 2016 if it agrees to waive service. 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 any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to the plaintiff. So Ordered by Judge Joan M. Azrack on 3/31/2016. (c/m to pro se) (Ortiz, Grisel)
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| Filing 35 Letter from Pro Se Plaintiff to Judge Azrack dated 3/4/2016 Re: Receiver has been excused from the bankruptcy and all information provided shall provide significant evidence to Summary Judgment. (Ortiz, Grisel) |
| Filing 34 NOTICE of Change of e-mail address for Justin M. Vogel and it should be [email protected] by Justin M. Vogel (Vogel, Justin) |
| Filing 33 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR TELEPHONE STATUS CONFERENCE: Pro Se Plaintiff: Jason Brand, present. Counsel For Defendant: Kevin Horbatiuk, present. Telephone Conference held on 2/24/2016 at 3:30 PM. Next telephone conference scheduled for 4/13/2016 at 5:00 PM. Cigna to obtain and review documentation prior to conference. (Ortiz, Grisel) |
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SCHEDULING ORDER: A telephone conference is scheduled for 2/24/2016 at 3:30 PM before Judge Joan M. Azrack regarding #29 Motion to Compel. Counsel for defendant Cigna Life Insurance Company of New York is directed to initiate the conference call and contact Chambers at (631) 712-5600 when plaintiff is on the line. The Clerk of the Court is directed to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Joan M. Azrack on 2/17/2016. (Jacobs, Harry) Modified on 2/17/2016 (Posillico, Lauren).
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| Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/14/2016, before Judge Joan M. Azrack. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: [email protected]. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/29/2016. Redacted Transcript Deadline set for 3/10/2016. Release of Transcript Restriction set for 5/9/2016. (Cox, Dwayne) |
| Filing 31 Letter in Respond to #29 Letter MOTION to Compel the Courts for Permission to MisJoin Party Not Subject to SDNY "Stay" and Proceed Without Delay, filed by CIGNA Life Insurance Company of New York (Horbatiuk, Kevin) Modified docket text on 2/8/2016 (Ortiz, Grisel). |
| Filing 30 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 16-cv-0580. (Flanagan, Doreen) |
| Filing 29 Letter MOTION to Compel the Courts for Permission to MisJoin Party Not Subject to SDNY "Stay" and Proceed Without Delay, by Jason P Brand. (Ortiz, Grisel) |
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Filing 28
Minute Order for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR MOTION: For Plaintiff: Jason Brand, PRO SE, present. Counsel For Defendant: Justin Vogel, Lori Lapin Jones (temporary receiver) Kevin Horbatiuk for dft Cigna, present. Motion Hearing held on 1/14/2016 at 2:00 PM. The #17 Motion for reconsideration denied for the reasons set forth on the record. Decline to issue the #27 Order to Show Cause for the reasons set forth on the record. The stay is extended in this action pending any further orders by Judge Koeltl in the Southern District action. (Tape #FTR: 2:15-2:21.) (Ortiz, Grisel)
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SCHEDULING ORDER: Due to a change in this Court's calendar, the hearing scheduled on 1/14/2016 at 5:00 PM is ADVANCED to 2:00 PM on the same date. Counsel for defendant shall confirm this change with the pro se plaintiff. Ordered by Judge Joan M. Azrack on 1/11/2016. (Posillico, Lauren)
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SCHEDULING ORDER: The parties are directed to appear before Judge Azrack on 1/14/2016 at 5:00 PM in Courtroom 920, 100 Federal Plaza, for a conference regarding #27 Unsigned Order to Show Cause for Preliminary Injunction and Temporary Restraining Order. Ordered by Judge Joan M. Azrack on 1/7/2016. (Jacobs, Harry)
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| Filing 27 Unsigned Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by Jason P Brand. (Attachments: #1 Affidavit/Affirmation Support of Order to Show Cause) (Ortiz, Grisel) |
| Filing 26 Memorandum in Support Re: #17 Notice of MOTION for Reconsideration re #16 Order on Motion to Dismiss, Order on Motion to Stay, Add and Terminate Parties, filed by Jason P Brand dated 12/7/2015. (Ortiz, Grisel) |
| Filing 25 Pro Se Consent to Electronic Notification by Jason P Brand dated 12/16/2015. (docket has been updated) (Ortiz, Grisel) |
| Email Notification Test - DO NOT REPLY (Ortiz, Grisel) |
| Filing 24 Letter from Pro Se Clerk to Pro Se Plaintiff dated 12/10/2015 Re: The enclosed motion with exhibits are bein returned without docketing or consideration. (Ortiz, Grisel) |
| Filing 23 AFFIDAVIT/DECLARATION in Opposition re #17 Notice of MOTION for Reconsideration re #16 Order on Motion to Dismiss, Order on Motion to Stay, Add and Terminate Parties,,, filed by Lari Lappin Jones. (Attachments: #1 Exhibit 1-Proposed Order Extending Temporary Injunction) (Vogel, Justin) |
| Filing 22 ANSWER to #1 Complaint by CIGNA Life Insurance Company of New York. (Attachments: #1 Affidavit of Service) (Horbatiuk, Kevin) |
| Filing 21 Corporate Disclosure Statement by CIGNA Life Insurance Company of New York identifying Corporate Parent Connecticut General Corporation, Corporate Parent Cigna Corporation, Corporate Parent CIGNA Holdings, Inc. (Delaware) for CIGNA Life Insurance Company of New York. (Horbatiuk, Kevin) |
| Filing 20 Notice of Related Case indicated on the Civil Cover Sheet in Case 15-cv-06678. (Flanagan, Doreen) |
| Filing 19 Letter MOTION for Extension of Time to File Response/Reply as to #17 Notice of MOTION for Reconsideration re #16 Order on Motion to Dismiss, Order on Motion to Stay, Add and Terminate Parties,,, by Lari Lappin Jones. (Vogel, Justin) |
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ORDER granting #19 Motion for Extension of Time to File Response/Reply. For the reasons set forth in #19 , the deadline to file an opposition to plaintiff's motion for reconsideration is extended to December 4, 2015. Ordered by Judge Joan M. Azrack on 11/20/2015. (Jacobs, Harry)
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| Filing 18 Letter from Pro Se Plaintiff dated 11/18/2015 Re: Docket error that he wishes to correct. (Ortiz, Grisel) |
| Filing 17 Notice of MOTION for Reconsideration re #16 Order on Motion to Dismiss, Order on Motion to Stay, Add and Terminate Parties,,, by Jason P Brand. (Ortiz, Grisel) |
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Filing 16
ORDER Granting #8 Motion to Dismiss; ORDER Granting #8 Motion to Stay: In light of the October 7 Order, this Court (1) stays the present action pending further orders from Judge Koeltl in the Southern District Action; and (2) dismisses all claims against the Temporary Receiver, Lari Lappin Jones. So Ordered by Judge Joan M. Azrack on 11/12/2015. c/m to pro se plaintiff. (Ortiz, Grisel)
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| Filing 15 Notice of Related Case as indicated on Civil Cover Sheet 15cv6437. (Shatinsky, Michael) |
| Filing 14 Notice of Related Case as indicated on Civil Cover Sheet 15cv6371. (Shatinsky, Michael) |
| Filing 13 Notice of Related Case: The Civil Cover Sheet filed in civil action 15-CV-6286-JMA-GRB was directly assigned as a Pro Se case related to 15-CV-5021-JMA-GRB. (Ortiz, Grisel) |
| Filing 11 RESPONSE in Opposition re #8 Letter MOTION to Dismiss, Letter MOTION to Stay re #1 Complaint, filed by Jason P Brand. (Ortiz, Grisel) |
| Filing 12 Notice of Related Case: The Civil Cover Sheet filed in civil action 15-CV-6285-JMA-GRB was directly assigned as a Pro Se case related to 15-CV-5021-JMA-GRB. (Ortiz, Grisel) |
| REQUEST for Certificate of Default is denied at this time. re #7 Request for Certificate of Default, It does not appear that summons was returned executed for defendant (Rios, Laura) |
| Filing 10 EXHIBIT 5 by Lari Lappin Jones. Related document: #9 Exhibit, filed by Lari Lappin Jones, #8 Letter MOTION to Dismiss Letter MOTION to Stay re #1 Complaint filed by Lari Lappin Jones. (Vogel, Justin) |
| Filing 9 EXHIBIT 6, 7 and 8 by Lari Lappin Jones. Related document: #8 Letter MOTION to Dismiss Letter MOTION to Stay re #1 Complaint filed by Lari Lappin Jones. (Attachments: #1 Exhibit 7-e-mail, #2 Exhibit 8-proposed order) (Vogel, Justin) Modified docket text on 10/20/2015 (Ortiz, Grisel). |
| Filing 8 Letter MOTION to Dismiss , Letter MOTION to Stay re #1 Complaint by Lari Lappin Jones. (Attachments: #1 Exhibit 1-amended order, #2 Exhibit 2-extension order, #3 Exhibit 3-order, #4 Exhibit 4-correspondence) (Vogel, Justin) |
| Filing 7 Request for Certificate of Default, by Jason P Brand dtd 10/13/2015. (Attachments: #1 Affirmation in Support, #2 Proposed Certificate of Default) (Ortiz, Grisel) |
| Filing 5 Letter MOTION for leave to allow Pro Se to Electronically File by Jason P Brand. (Ortiz, Grisel) |
| Filing 6 Supplemental COMPLAINT to #1 Complaint, filed by Jason P Brand. (Ortiz, Grisel) Modified on 11/24/2015 (Ortiz, Grisel). |
| Incorrect Case/Document/Entry Information: Document #6 filed on 9/21/2015 by Pro Se Litigant was inadvertently filed as a Motion for Order to Show Cause, document should have been filed as a Supplemental Complaint pursuant to Pro Se Litigants #18 Letter. With consent from Chambers all corrections have been made. (Ortiz, Grisel) |
| Filing 4 Letter from Pro Se Office to Pro Se Litigant dtd 9/14/15 re: acknowledge receipt of your civil action, docketed under the above number. (Ortiz, Grisel) |
| Filing 3 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. (Gledhill, Rosemary) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jason P Brand, Samantha L Brand. (Gledhill, Rosemary) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Samantha L Brand, Jason P Brand. (Attachments: #1 Civil Cover Sheet) (Gledhill, Rosemary) |
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