Cain v. Weiss
| Vester Cain |
| Adam Weiss |
| 2:2021cv04067 |
| July 20, 2021 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Anne Y Shields |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 17, 2022. A more recent docket listing may be available from PACER.
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Filing 20
CERTIFICATE OF SERVICE by Adam Weiss re mailings to pro se plaintiff (Rogoff, Ellen)
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SCHEDULING ORDER: The Court is in receipt of #19 the defendant's motion to dismiss. The plaintiff will file his response by March 28, 2022; and the defendant will file his reply, if any, by April 12, 2022. Ordered by Judge Ann M. Donnelly on 2/25/2022. (Rosenthal, Joshua)
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Filing 19
MOTION to Dismiss for Failure to State a Claim in Amended Complaint by Adam Weiss. (Attachments: #1 Proposed Order Proposed Order, #2 Memorandum in Support Memorandum in Support of Motion to Dismiss Amended Complaint, #3 Declaration Declaration of Ellen Rosen Rogoff, #4 Exhibit Exhibits 1-8 to the Declaration of Ellen Rosen Rogoff, #5 Notice Pursuant to Local Civil Rule 12.1) (Rogoff, Ellen)
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Filing 18
AMENDED COMPLAINT against Adam Weiss, filed by Vester Cain. (Guzzi, Roseann)
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Filing 17
MEMORANDUM DECISION AND ORDER. The defendant's motion to dismiss is granted, and the plaintiff is granted leave to amend within 30 days of this Order being entered. 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 Court is respectfully directed to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Ann M. Donnelly on 1/5/2022. (Greene, Donna)
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Filing 16
MEMORANDUM in Support re #8 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), #15 MOTION to Strike Plaintiff pro se requesting to strike all the defendant's pleadings and filings due to criminal fraud and to dismiss to allow plaintiff to proceed to an immediate jury trial on all his claims against the defendant filed by Adam Weiss. (Attachments: #1 Certificate of Service of Reply Memorandum) (Rogoff, Ellen)
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SCHEDULING ORDER: The Court is in receipt of the plaintiff's November 24, 2021 filing, which it deems a timely response to the defendant's motion to dismiss. If the defendant wishes to reply, he should do so no later than December 20, 2021. Ordered by Judge Ann M. Donnelly on 12/6/2021. (Rosenthal, Joshua)
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Filing 15
MOTION to Strike Plaintiff pro se requesting to strike all the defendant's pleadings and filings due to criminal fraud and to dismiss to allow plaintiff to proceed to an immediate jury trial on all his claims against the defendant by Vester Cain. (Attachments: #1 continued) (Guzzi, Roseann)
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Filing 14
CERTIFICATE OF SERVICE by Adam Weiss for Court Orders and Defendant's letter to Magistrate Judge Shields (Rogoff, Ellen)
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Filing 13
Letter re Postponement of Initial Scheduling Conference scheduled for 11-29-2021 by Adam Weiss (Rogoff, Ellen)
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SCHEDULING ORDER: Upon request, the initial conference scheduled for November 29, 2021 is ADJOURNED until after a determination on the pending motion to dismiss is rendered. Within five (5) days of a determination, defense counsel is directed to notify this Court of such, and if necessary, that a new initial conference date is needed. Defense counsel is directed to serve a copy of this Order on Plaintiff and provide proof of service on ECF by November 23, 2021. So Ordered by Magistrate Judge Anne Y. Shields on 11/22/2021. (Mucciaccio, Dina)
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ORDER: Pursuant to my scheduling order on October 18, 2021, the defendant's motion to dismiss is considered fully briefed. On October 18, 2021, the plaintiff was reminded "that the deadline to file his response to the pending motion to dismiss was October 8, 2021," and I gave him until November 17, 2021 to file. He did not file a response by that date, or explain to the Court why he was unable to do so. Ordered by Judge Ann M. Donnelly on 11/22/2021. (Rosenthal, Joshua)
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Filing 12
CERTIFICATE OF SERVICE by Adam Weiss re Court's 11-2-2021 Order (Rogoff, Ellen)
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Filing 11
ORDER: Initial Conference set for 11/29/2021 at 11:30 AM before Magistrate Judge Anne Y. Shields.The parties are directed to call the ATT teleconferencing center at (877) 810-9415 and to enter Access Code 9005911 when prompted.See Order and Attachments. c/mSo Ordered by Magistrate Judge Anne Y. Shields on 11/2/2021. (Attachments: #1 AYS Rules, #2 Joint Letter Requirements, #3 Pro Se Discovery Worksheet) (Torres, Jasmine)
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Filing 10
CERTIFICATE OF SERVICE by Adam Weiss re Scheduling Order,, dated 10-18-2021 (Rogoff, Ellen)
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SCHEDULING ORDER: The plaintiff is again reminded that the deadline to file his response to the pending motion to dismiss #8 was October 8, 2021. This is the second time he is reminded of this deadline. The plaintiff is directed to file a response regarding the motion to dismiss on or by November 17, 2021; and the defendant's reply, if any, is due on or by December 2, 2021. If the plaintiff fails to respond, then the Court will consider the motion to dismiss fully briefed. Ordered by Judge Ann M. Donnelly on 10/18/2021. (Rosenthal, Joshua)
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Filing 9
CERTIFICATE OF SERVICE by Adam Weiss for 10-4-2021 Scheduling Order (Rogoff, Ellen)
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SCHEDULING ORDER: The plaintiff is reminded that the deadline to file his opposition to the defendant's motion to dismiss was due on or by September 24, 2021. The plaintiff is directed to file his opposition on or by October 8, 2021. Ordered by Judge Ann M. Donnelly on 10/4/2021. (Rosenthal, Joshua)
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Filing 8
MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Adam Weiss. (Attachments: #1 Proposed Order From Motion to Dismiss, #2 Declaration In Support of Motion to Dismiss, #3 Exhibit 1 - Summons and Complaint, #4 Exhibit 2 - Corrective Referee's Deed, #5 Exhibit 3 - Special Warranty Deed, #6 Exhibit 4 - Deed, #7 Exhibit 5 - Short Form Order, #8 Exhibit 6 - Decision and Order, #9 Exhibit 7 - Notice of Removal, #10 Exhibit 8 - Short Form Order in Foreclosure Action, #11 Memorandum in Support Of Motion to Dismiss, #12 Notice Pursuant to Local Civil Rule 12.1, #13 Certificate of Service For Motion to Dismiss) (Rogoff, Ellen)
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Filing 7
CERTIFICATE OF SERVICE by Adam Weiss re Order on Motion for Pre Motion Conference, (Rogoff, Ellen)
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Filing 6
Letter MOTION for pre motion conference by Adam Weiss. (Attachments: #1 Certificate of Service Certificate of Service) (Rogoff, Ellen)
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ORDER denying #6 Motion for Pre-Motion Conference. Per Rule 4.A. of the Court's Individual Practices and Rules, a pre-motion conference is not required when the non-movant is pro se. The defendant is directed to file and brief his Rule 12 motion on or by August 25, 2021; the plaintiff is directed to file a response on or by September 24, 2021; and the defendant's reply, if any, is due on or by October 9, 2021. Ordered by Judge Ann M. Donnelly on 7/26/2021. (Rosenthal, Joshua)
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Filing 5
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Rodin, Deanna)
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Filing 4
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna)
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Filing 3
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
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Filing 2
CERTIFICATE OF SERVICE by Adam Weiss re #1 Notice of Removal, Civil Cover Sheet (Rogoff, Ellen)
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Filing 1
NOTICE OF REMOVAL by Adam Weiss from Nassau County Supreme Court, case number 000369/2021. (Filing fee $402 receipt number ANYEDC-14673650) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Rogoff, Ellen) Modified on 7/20/2021 (Rodin, Deanna).
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Case Assigned to Judge Ann M Donnelly and Magistrate Judge Anne Y. Shields. 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. (Rodin, Deanna)
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| Plaintiff: Vester Cain | |
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| Defendant: Adam Weiss | |
| Represented By: | Ellen Rosen Rogoff |
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