Brodsky v. J.P. Morgan Chase & Company et al
Jay Brodsky |
J.P. Morgan Chase & Company, Broadspire and National Union Fire Insurance Company of Pittsburgh |
2:2017cv05529 |
September 20, 2017 |
US District Court for the Eastern District of New York |
Central Islip Office |
Joanna Seybert |
Anne Y Shields |
Civil Rights: Americans with Disabilities - Other |
28 U.S.C. § 1332 Diversity-Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on July 19, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 43 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Jay Brodsky take nothing of defendants; that the complaint is dismissed with prejudice pursuant to Federal Rules of Civil Procedure Rule 41(b); that in forma pauperis status is denied for the purpose of any appeal; and that this case is closed. Ordered by Clerk of Court on 7/19/2019 (CM to pro se plaintiff with an appeal packet). (Toritto, Jim) |
Filing 42 ORDER - By Memorandum and Order dated May 31, 2019, the Court ordered pro se plaintiff Jay Brodsky to remit the $400.00 filing fee within thirty (30) days from the date of the M&O. Accordingly, for the reasons set forth in the M&O, given Plaintiff's failure to remit the filing fee, the Complaint is DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b). 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. The Clerk of the Court is directed to enter judgment, mark this case CLOSED, and mail a copy of this Order to pro se Plaintiff. So Ordered by Judge Joanna Seybert on 7/18/2019. C/M; C/ECF (Valle, Christine) |
Filing 41 MEMORANDUM & ORDER denying #40 Motion for Leave to Proceed in forma pauperis; For the reasons set forth above, the Court DENIES Plaintiff's application to proceed in forma pauperis. If Plaintiff wishes to pursue this case, he SHALL REMIT THE $400.00 FILING FEE WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER. Plaintiff is cautioned that a failure to timely remit the filing fee will lead to dismissal of the Complaint with prejudice pursuant to 28 U.S.C. 1915(e) (2) (A) and judgment shall enter. 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. So Ordered by Judge Joanna Seybert on 5/31/2019. C/M; C/ECF (Valle, Christine) |
Filing 40 MOTION for Leave to Proceed in forma pauperis by Jay Brodsky. (Attachments: #1 Memorandum of Current Financial Status, #2 Exhibits, #3 Donna Martin IFP Application, #4 Mailing Envelope) (Valle, Christine) |
Filing 39 AFFIDAVIT of Service for Electronic Order dated January 14, 2019 served on Plaintiff on January 14, 2019, filed by Broadspire, J.P. Morgan Chase & Company, National Union Fire Insurance Company of Pittsburgh. (Kalick, Lindsay) |
ELECTRONIC ORDER denying #24 Motion to Dismiss for Failure to State a Claim. In light of the Court's January 10, 2019 Order revoking its grant of in forma pauperis status to Plaintiff and directing him to (1) file a long-form in forma pauperis application and his wife's BMW credit application or (2) pay the filing fee within thirty days, Defendants' motion to dismiss is DENIED WITHOUT PREJUDICE. Should this case continue, the Court will reinstate and decide Defendants' motion. Defendants are directed to mail a copy of this Electronic Order to the pro se Plaintiff and file proof of service on ECF on or before January 17, 2019. Ordered by Judge Joanna Seybert on 1/14/2019. (Torreblanca, David) |
Filing 38 MEMORANDUM AND ORDER; The Court REVOKES ITS GRANT OF IN FORMA PAUPERIS STATUS IN THIS CASE AND ORDERS PLAINTIFF TO, WITHIN THIRTY (30) DAYS FROM THE DATE AT THE BOTTOM OF THIS ORDER, COMPLETE AND FILE THE AO 239 IN FORMA PAUPERIS APPLICATION FORM TOGETHER WITH A COPY OF THE "OFFICIAL BMW FINANCIAL SERVICES CREDIT APPLICATION" MARTIN PROVIDED TO BMW AS IS ALLEGED IN THE COMPLAINT FILED UNDER DOCKET NO. 18-cv-3304. Alternatively, Plaintiff may remit the $400.00 filing fee for this case. Plaintiff is cautioned that a failure to timely comply with this Order will lead to the dismissal of the Complaint with prejudice pursuant to 28 U.S.C. 1915(e)(2)(A) and judgment will enter. 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. The Clerk of the Court is further directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 1/10/2019. C/M; C/ECF (Valle, Christine) |
Filing 37 NOTICE of Appearance by Craig Taylor Ellman on behalf of All Defendants (notification declined or already on case) (Ellman, Craig) |
Filing 36 NOTICE of Appearance by Craig Taylor Ellman on behalf of All Defendants (aty to be noticed) (Ellman, Craig) |
Filing 35 Notice of Related Cases: 17-cv-5528-JS-AYS, 18-cv-3588-JS, 17-cv-6031-JS-AYS, 17-cv-6032-JS-AYS, 17-cv-6033-JS-AYS, 17-cv-6555-JS-AYS, 17-cv-6556-JS-AYS, 17-cv-7085-JS-AYS, 18-cv-1998-JS-AYS, 18-cv-2006-JS-AYS, 18-cv-2788-JS-AYS, 18-cv-3304-JS-AYS, 18-cv-3484-JS-AYS and 18-cv-3486-JS-AYS (Cox, Dwayne) |
Filing 32 Notice of Related Cases: 17-cv-5528-JS-AYS, 18-cv-3486-JS-AYS, 17-cv-6031-JS-AYS, 17-cv-6032-JS-AYS, 17-cv-6033-JS-AYS, 17-cv-6555-JS-AYS, 17-cv-6556-JS-AYS, 17-cv-7085-JS-AYS, 18-cv-1998-JS-AYS, 18-cv-2006-JS-AYS, 18-cv-2788-JS-AYS and 18-cv-3304-JS-AYS (Cox, Dwayne) |
Filing 31 Notice of Related Case17-cv-5528-JS-AYS, 18-cv-3484-JS-AYS, 17-cv-6031-JS-AYS, 17-cv-6032-JS-AYS, 17-cv-6033-JS-AYS, 17-cv-6555-JS-AYS, 17-cv-6556-JS-AYS, 17-cv-7085-JS-AYS, 18-1998-JS-AYS, 18-cv-2006-JS-AYS, 18-cv-2788-JS-AYS and 18-cv-3304-JS-AYS (Cox, Dwayne) |
Filing 34 Letter from J. Grady to Jay Brodsky dated 6/14/2018 Re: In response to letter received 6/13/18, and to enclose a copy of the docket sheet. (Valle, Christine) |
Filing 33 Letter from Jay Brodsky to United States District Court undated Re: Status of case. (Valle, Christine) |
Filing 30 Notice of Related Cases: 17-cv-5528-JS-AYS, 18-cv-3304-JS-AYS, 17-cv-6031-JS-AYS, 17-cv-6032-JS-AYS, 17-cv-6033-JS-AYS, 17-cv-6555-JS-AYS, 17-cv-6556-JS-AYS, 17-cv-7085-JS-AYS, 18-1998-JS-AYS, 18-cv-2006-JS-AYS and 18-cv-2788-JS-AYS (Cox, Dwayne) |
Filing 29 Notice of Related Case indicated on the civil cover sheet in case 18-CV-2788(JS)(AYS). (Landow, Concetta) |
Filing 28 REPLY in Support re #24 Motion to Dismiss for Failure to State a Claim with Memorandum of Law in Support and Exhibits filed by Broadspire, J.P. Morgan Chase & Company, National Union Fire Insurance Company of Pittsburgh. (Attachments: #1 Certificate of Service) (Kalick, Lindsay) |
Filing 27 Notice of Related Cases: 17-cv-5528-JS-AYS, 18-cv-2006-JS-AYS, 17-cv-6031-JS-AYS, 17-cv-6032-JS-AYS, 17-cv-6033-JS-AYS, 17-cv-6555-JS-AYS, 17-cv-6556-JS-AYS, 17-cv-7085-JS-AYS and 18-cv-1998-JS-AYS (Cox, Dwayne) |
Filing 26 Notice of Related Cases: 17-cv-5528-JS-AYS, 18-cv-1998-JS-AYS, 17-cv-6031-JS-AYS, 17-cv-6032-JS-AYS, 17-cv-6033-JS-AYS, 17-cv-6555-JS-AYS, 17-cv-6556-JS-AYS and 17-cv-7085-JS-AYS (Cox, Dwayne) |
Filing 25 AFFIRMATION in Support of Denying Defendant's Motion Re: #24 Motion to Dismiss for Failure to State a Claim with Memorandum of Law in Support and Exhibits filed by Jay Brodsky. Attachments: #1 Exhibit 1; #2 Exhibits 2-5; #3 Mailing Envelope. (Valle, Christine) |
Incorrect Case/Document/Entry Information - Document #23 filed on 3/7/2018 by Attorney Lindsay Kalick has been terminated as a Motion as incorrectly filed. Counsel has refiled corrected motion at Docket Entry #24 . All corrections have been entered. (Valle, Christine) |
Motions terminated, docketed incorrectly Re: #23 Motion to Dismiss for Failure to State a Claim filed by National Union Fire Insurance Company of Pittsburgh, J.P. Morgan Chase & Company, Broadspire. (Valle, Christine) |
Filing 24 Motion to Dismiss for Failure to State a Claim with Memorandum of Law in Support and Exhibits by Broadspire, J.P. Morgan Chase & Company, National Union Fire Insurance Company of Pittsburgh. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A - Complaint and Addendum, #3 Exhibit B - Letter Request for Pre-Motion Conference, #4 Exhibit C - Plaintiff's Opposition, #5 Exhibit D - Electronic Order, #6 Exhibit E - Affidavit for Broadspire, #7 Exhibit F - Affidavit for National Union, #8 Affidavit of Service for Notice of Motion and Memo of Law) (Kalick, Lindsay) |
Filing 23 Motion to Dismiss for Failure to State a Claim by Broadspire, J.P. Morgan Chase & Company, National Union Fire Insurance Company of Pittsburgh. (Attachments: #1 Affidavit of service) (Kalick, Lindsay) |
Filing 22 CERTIFICATE OF SERVICE by Broadspire, J.P. Morgan Chase & Company, National Union Fire Insurance Company of Pittsburgh of Electronic Order denying #14 (Kalick, Lindsay) |
ELECTRONIC ORDER denying #14 Motion for Pre Motion Conference. Defendants' request for a pre-motion conference (Docket Entry 14) is DENIED. The Court finds that a pre-motion conference is unnecessary, and GRANTS Defendants leave to move to dismiss the Complaint. Defendants shall file their motion on or before March 7, 2018. Plaintiff shall file his opposition on or before April 9, 2018, and Defendants' reply, if any, shall be filed on or before April 23, 2018. Defendants are directed to mail a copy of this Electronic Order to the pro se Plaintiff and to promptly file proof of service on ECF. Ordered by Judge Joanna Seybert on 2/5/2018. (Torreblanca, David) |
Filing 21 PROCESS RECEIPT AND RETURN Re: SUMMONS Returned Executed by Jay Brodsky. Broadspire served on 1/23/2018, answer due 2/13/2018. (Valle, Christine) |
Filing 20 CERTIFICATE OF SERVICE by Broadspire, J.P. Morgan Chase & Company, National Union Fire Insurance Company of Pittsburgh re #14 MOTION for pre motion conference (Attachments: #1 Certificate of Service for defendant's request for pre-motion conference (cos on new mailing address)) (Kalick, Lindsay) |
Filing 19 RESPONSE in Opposition Re: #14 MOTION for pre motion conference to Dismiss, filed by Jay Brodsky. (Valle, Christine) |
Filing 18 PROCESS RECEIPT AND RETURN Re: Summons Returned Unexecuted by Jay Brodsky as to National Union Fire Insurance Company of Pittsburgh. (Valle, Christine) |
Filing 17 PROCESS RECEIPT AND RETURN Re: SUMMONS Returned Executed by Jay Brodsky. J.P. Morgan Chase & Company served on 1/8/2018, answer due 1/29/2018. (Valle, Christine) |
Filing 16 NOTICE of Change of Address by Jay Brodsky. (Valle, Christine) |
Filing 15 PROCESS RECEIPT AND RETURN Re: SUMMONS Returned Executed by Jay Brodsky. J.P. Morgan Chase & Company served on 12/18/2017, answer due 1/8/2018. (Valle, Christine) |
Filing 14 MOTION for pre motion conference by J.P. Morgan Chase & Company. (Kalick, Lindsay) |
Filing 13 Notice of Related Cases: 17-cv-5528-JS-AYS, 17-CV-7085-JS-AYS, 17-CV-6031-JS-AYS, 17-cv-6032-JS-AYS, 17-cv-6033-JS-AYS, 17-cv-6555-JS-AYS, and 17-cv-6556-JS-AYS (Cox, Dwayne) |
Filing 12 Summons Issued as to Broadspire, J.P. Morgan Chase & Company, National Union Fire Insurance Company of Pittsburgh. Attachments: #1 RIDER. (Valle, Christine) |
Filing 11 ORDER granting #2 Motion for Leave to Proceed in forma pauperis; Plaintiff's request to proceed in forma pauperis is GRANTED. The Clerk of the Court is directed to forward copies of the Summonses, Complaint, and this Order to the United States Marshal Service for service upon the Defendants without prepayment of fees, and to serve notice of entry of this Order in accordance with Rule 77(d)(1) of the Federal Rules of Civil Procedure by mailing a copy of this Order to the pro se Plaintiff at his last known address. So Ordered by Judge Joanna Seybert on 11/28/2017. C/M (Valle, Christine) |
Filing 10 Notice of Related Cases: 17-cv-5528-JS-AYS, 17-cv-6556-JS-AYS, 17-cv-6031-JS-AYS, 17-cv-6032-JS-AYS and 17-6033-JS-AYS (Cox, Dwayne) |
Filing 9 Notice of Related Cases: 17-cv-6555-JS-AYS, 17-cv-5528-JS-AYS, 17-cv-6031-JS-AYS, 17-cv-6032-JS-AYS and 17-cv-6033-JS-AYS (Cox, Dwayne) |
Filing 8 Notice of Related Cases: 17-cv-5528-JS-AYS and 17-cv-6032-JS-AYS (Cox, Dwayne) |
Filing 7 Notice of Related Case as indicated on the Civil Cover Sheet; 17-cv-6033(JS)(AYS). (Corsini, Alexander) |
Filing 6 Notice of Related Case indicated on the civil cover sheet in case 17-CV-6031(JS)(AYS). (Landow, Concetta) |
Filing 5 Letter from Pro Se Office to Jay Brodsky dated 9/21/17 Re: THIS LETTER ACKNOWLEDGES RECEIPT OF YOUR CIVIL ACTION(S). DOCKET NUMBER(S) AND JUDGE(S) HAVE BEEN ASSIGNED AS INDICATED ABOVE. (Valle, Christine) |
Filing 4 Notice of Related Case; 17-5528-JS-AYS (Cox, Dwayne) |
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. (Cox, Dwayne) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Jay Brodsky. (Attachments: #1 Affirmation) (Cox, Dwayne) |
Filing 1 COMPLAINT against Broadspire, J.P. Morgan Chase & Company, National Union Fire Insurance Company of Pittsburgh Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jay Brodsky. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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