B.M. by his mother and next friend v. Camp Fatima, Inc.
| Heiskell Mary Elizabeth and B.M. by his mother and next friend |
| Camp Fatima, Inc. |
| 2:2022cv04740 |
| August 11, 2022 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Steven I Locke |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Defendant |
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ORDER denying #3 Letter to request a pre-motion conference and granting leave to amend: In Plaintiff's September 16, 2022 letter in response to Defendant's #3 Letter requesting a pre-motion conference, Plaintiff requests leave to amend the Complaint in this action. See ECF No. 7 at 1. The Court has determined that leave to amend is appropriate here, where the record does not reflect any undue delay, bad faith by Plaintiff, that amendment at this stage will result in undue prejudice to Defendant, or that amendment would be futile. See Fed. R. Civ. P. 15(a)(2) (providing that "[t]he court should freely give leave [to amend] when justice so requires"); Adlife Mktg. & Commc'ns Co. v. Best Yet Mkt., Inc., No. 17-CV-02978, 2018 WL 4568801, at *1 (E.D.N.Y. Sept. 24, 2018) ("Unless there is a showing of bad faith, undue delay, futility or undue prejudice to the non-moving parties, the district court should grant leave to amend."). Plaintiff shall file Plaintiff's amended complaint on or before October 21, 2022, in accordance with the undersigned's Individual Practice Rules. See Individual Practice Rule I.E. Defendant's #3 Letter requesting a pre-motion conference is denied without prejudice to Defendant renewing its request after that deadline. Ordered by Judge Diane Gujarati on 9/21/2022. (Almonte, Kelly)
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| Filing 7 Letter from B.M. by his mother and next friend "Mary Elizabeth Heiskell" ti Judge Gujarati dated 9/16/2022 re: Defendants pre-motion conference request. (Herrera, Isaiah) |
| Filing 6 Pro Se Consent to Electronic Notification by B.M. by his mother and next friend (Herrera, Isaiah) |
| Filing 5 CERTIFICATE OF SERVICE by Camp Fatima, Inc. re #3 Letter (Lucic, Robert) |
| Filing 4 Letter in response to 09-02-2022 Order by Camp Fatima, Inc. (Lucic, Robert) |
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ORDER re: #3 Letter to request a pre-motion conference: A review of the docket reflects that Defendant did not serve pro se Plaintiff with Defendant's August 18, 2022 #3 Letter. Defendant is directed to, by September 9, 2022, serve its #3 Letter on Plaintiff and file proof of service. Defendant is further directed to certify that it has complied with the undersigned's Individual Practice Rules and with the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York as they pertain to cases involving pro se litigants. Plaintiff is directed to file a letter, by September 23, 2022, indicating whether Plaintiff will seek leave to amend in light of one or more of the alleged pleading defects set forth in Defendant's #3 Letter. Ordered by Judge Diane Gujarati on 9/2/2022. (Almonte, Kelly)
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| Filing 3 Letter to request a pre-motion conference by Camp Fatima, Inc. (Lucic, Robert) |
| Filing 2 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. (Landow, Concetta) |
| This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Steven I. Locke. 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. (Landow, Concetta) |
| Filing 1 NOTICE OF REMOVAL by Camp Fatima, Inc. from Supreme Court Nassau County, case number 609195/2022. ( Filing fee $ 402 receipt number ANYEDC-15836499) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Summons and Complaint) (Lucic, Robert) Modified on 8/12/2022 (Landow, Concetta). |
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