Walker v. United States of America et al
| Trendell Walker |
| United States of America, Breon Peace, James H. Knapp, Christopher C. Caffarone, Mark Lesko, Mark E. Misorek, Madeline M. O'Connor, Raul Mercado Jr, Douglas C. Palmer Jr., Randi L. Chavis, Terrence Buckley, Dawayne Cox, Judge Joanna Seybert, Richard P. Donoghue, Steven I. Locke, Joseph W. Ryan, Joseph Ferrante, Bridget M. Rohde, Robert Capers, Elizabeth Macedonio, Ilana Haramati, Joan M. Azrack and Joanna Seybert |
| 2:2022cv07208 |
| November 28, 2022 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Steven Tiscione |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 Mail Returned as Undeliverable. Mail sent to Trendell Walker. Copy of Consolidation Order; returned to sender, not deliverable as addressed unable to forward. Associated Cases: 2:22-cv-03864-AMD-ST, 2:22-cv-07208-AMD-ST (RG) |
| Filing 12 MOTION to Dismiss by United States of America. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit Rule 12 Notice to Pro se) (Leonardo, Diane) |
| Filing 11 NOTICE OF ESTOPPEL submitted by Trendell Walker, plaintiff pro se. (RG) |
| Filing 10 Letter to the Honorable Ann M. Donnelly to respectfully request a one week extension to the briefing schedule by United States of America Associated Cases: 2:22-cv-03864-AMD-ST, 2:22-cv-07208-AMD-ST (Leonardo, Diane) |
| Filing 8 Letter to the Honorable Ann M. Donnelly with regard to consolidating this case with Docket No. 22-3864 by United States of America (Leonardo, Diane) |
| Cases associated with 22cv3864. (RG) |
ORDER consolidating Walker v. United States of America, 22-cv-7208 and Walker v. United States of America, 22-cv-3864. A court may consolidate cases pursuant to Federal Rule of Civil Procedure 42(a) where they "involve a common question of law or fact." A court has "broad discretion to consolidate actions under Rule 42(a)." Stone v. Agnico-Eagle Mines Ltd., 280 F.R.D. 142, 143 (S.D.N.Y. 2012) (citing Devlin v. Transp. Commc'ns Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999)). "Consolidation is warranted where it promotes judicial economy and serves to eliminate... the danger of inconsistent verdicts." KGK Jewelry LLC v. ESDNetwork, Nos. 11-CV-9236, 12-CV-9130, 2014 WL 7333291, at *2 (S.D.N.Y. Dec. 24, 2014) (internal quotation marks omitted); Johnson v. Celotex Corp., 899 F.2d 1281, 1284 (2d Cir. 1990) (considerations of judicial economy weigh in favor of consolidation). Mr. Walker filed two complaints in New York state court that have been removed to the Eastern District. Both complaints allege causes of action arising from the plaintiffs criminal prosecution in this Court under Docket No. CR-16-369 and include allegations about those criminal proceedings, including the issuance of a search warrant and his eventual guilty plea.Consolidation is appropriate under Fed. R. Civ. P. 42(a) because the cases share common factual and legal questions. See Cullinan v. Cemtrex, Inc., 287 F. Supp. 3d 277, 283 (E.D.N.Y. 2018). Thus, the Court finds that consolidation serves the interest of judicial economy. Accordingly, the Clerk of Court is respectfully directed to consolidate Walker v. United States of America et al, 22-cv-07208 into the earlier filed case Walker v. United States of America et al, 22-cv-03864, close 22-cv-07208 and enter all future docket entries under 22-cv-03864. ( Ordered by Judge Ann M Donnelly on 12/8/2022 ) Associated Cases: 2:22-cv-03864-AMD-ST, 2:22-cv-07208-AMD-ST (RG)
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| Filing 9 STATE COURT RECORD Received re: Notice of Removal re: Supreme Court Case 615072/2022 from Suffolk County Clerk's Office. (SG) |
| Filing 7 STATE COURT RECORD Received. (RG) |
| Filing 6 CERTIFICATE OF SERVICE by United States of America re Order,, dated 12/1/2022 (Leonardo, Diane) |
| Filing 5 Letter to the Honorable Ann M. Donnelly to respectfully request that the Court set a briefing schedule for a motion to dismiss in this matter and in the related matter under Docket CV-22-3864 by United States of America (Leonardo, Diane) |
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ORDER The Court acknowledges receipt of #5 the defendant's letter. The defendant is directed to inform the Court before December 8, 2022 whether it should consolidate cases 22-cv-3864 and 22-cv-7208 under Federal Rule of Civil Procedure 42(a) because they involve common questions of law or fact. The defendant is directed to serve the pro se plaintiff with a copy of this electronic order and note service on the docket no later than December 6, 2022.Ordered by Judge Ann M. Donnelly on 12/1/2022. (CG)
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ORDER REASSIGNING CASE. Case reassigned to Judge Ann M Donnelly and Magistrate Judge Steven Tiscione for all further proceedings. Judge Gary R. Brown, Magistrate Judge Steven I. Locke no longer assigned to 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.Ordered by Chief Judge Margo K. Brodie on 11/30/2022. (KD)
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| Filing 4 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. 22-CV-3864-AMD-ST (CL) |
| 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. (CL) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
| Case Assigned to Judge Gary R. Brown 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. (CL) |
| Filing 1 NOTICE OF REMOVAL by United States of America from Supreme Court of the State of New York, County of Suffolk, case number 615072/2022. Was the Disclosure Statement on Civil Cover Sheet completed -NO (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (Leonardo, Diane) Modified on 11/29/2022 (CL). |
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