Kramer v. Yellen
| Elizabeth P. Kramer |
| Janet L. Yellen |
| 2:2022cv03862 |
| June 28, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven Tiscione |
| Civil Rights: Americans with Disabilities - Other |
| 29 U.S.C. ยง 791 Job Discrimination (Rehabilitation Act) |
| Plaintiff |
Docket Report
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Filing 7
ORDER: Before the Court are the applications by pro se plaintiff Elizabeth Kramer to proceed in forma pauperis ("IFP") and for the appointment of pro bono counsel in Case Number 22-CV-3862. (See ECF Nos. #2 #3 .) Upon review of the declarations accompanying Plaintiff's application to proceed IFP, the Court finds that Plaintiff's financial status qualifies her to commence this action without prepayment of the filing fee. See 28 U.S.C. 1915(a)(1). Accordingly, the Court grants Plaintiff's application to proceed IFP. Turning to Plaintiff's application for the appointment of pro bono counsel, the Court declines to appoint counsel to represent Plaintiff at this stage in the proceedings. Additionally, the Court consolidates this case ("Kramer II") with the case already pending before the Court as Case Number 21-CV-3295 ("Kramer I"), which involves the same claims against the same defendant, and many of the same allegations. Accordingly, the Kramer II complaint is consolidated into Kramer I. Kramer II shall be marked closed, and all future filings are to be docketed only in Kramer I. Given that counsel has appeared on behalf of the Defendant in Kramer I, (see ECF No. 16 ), the Court orders the Clerk of Court to serve counsel with a copy of this Order and a copy of the Kramer II complaint. Within thirty days of receipt, counsel shall inform the Court whether it accepts service on Defendant's behalf. For the foregoing reasons, Plaintiff's IFP application is GRANTED, Plaintiffs application for the appointment of pro bono counsel is DENIED without prejudice, and Case Number 22-CV-3862 is consolidated into Case Number 21-CV-3295. The Clerk of Court shall mail a copy of this Order to Plaintiff at her address of record and to Megan Jeanette Freismuth, Esq. at the United States Attorney's Office. 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 IFP status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). SEE ATTACHED ORDER for details. So Ordered by Judge Joan M. Azrack on 8/25/2022. c/m (Coleman, Laurie)
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| CASE ASSOCIATED. (Coleman, Laurie) |
| CASE CONSOLIDATED. (Coleman, Laurie) |
| Incomplete ACO Case Termination/Statistical/Non Reportable Closing. (Coleman, Laurie) |
| Filing 6 Letter from Pro Se Department to pro se plaintiff Elizabeth P. Kramer acknowledging receipt of the civil action. (Florio, Lisa) |
| Filing 5 Notice of Related Case: 21-cv-3295-JMA-ST The Civil Cover Sheet filed in this civil action indicates a related case. (Cox, Dwayne) |
| 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. (Cox, Dwayne) |
| Filing 3 MOTION to Appoint Counsel by Elizabeth P. Kramer. (Cox, Dwayne) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Elizabeth P. Kramer. (Cox, Dwayne) |
| Filing 1 COMPLAINT against Janet L. Yellen Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Elizabeth P. Kramer. (Attachments: #1 Civil Cover Sheet, #2 Sealing Cover Sheet) (Cox, Dwayne) Modified to correct the date of filing on 7/1/2022 (Cox, Dwayne). |
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| Plaintiff: Elizabeth P. Kramer | |
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| Defendant: Janet L. Yellen | |
| Represented By: | Megan Jeanette Freismuth |
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