Garcia v. Westhampton Primary Care et al
| Melissa Garcia |
| Westhampton Primary Care, Maria Barlowe, Marie Alessi and Staffco Of Brooklyn, LLC doing business as Southampton PEO |
| 2:2023cv04319 |
| June 12, 2023 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Steven Tiscione |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 NOTICE of Appearance by Brandon David Okano on behalf of Melissa Garcia (aty to be noticed) (Okano, Brandon) |
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Filing 8
AFFIDAVIT of Service for An Order and Stipulation served on Jacquelyn Weisman |
ORDER STRIKING AMENDED COMPLAINT #5 -- Federal Rule of Civil Procedure 15(a)(1) allows the filing of an amended complaint once as of right within "21 days after serving it or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after a motion under Rule 12(b), (e), or (f), whichever is earlier." Fed. R. Civ. P. 15(a)(1)(A) and (B). As Plaintiff has not effectuated service, Plaintiff can file an amended complaint "only with the opposing party's written consent or the court's leave[,]" neither of which Plaintiff obtained. Fed. R. Civ. P. 15(a)(2). Accordingly, the Amended Complaint is STRICKEN as is the Amended Summons (Dkt. Entry No. #7 . The Clerk of the Court is hereby directed to void the Amended Summons #7 . Plaintiff is directed to serve a copy of this Electronic Order on all defendants, none of whom have appeared BY NO LATER THAN AUGUST 3, 2023 and immediately thereafter file proof of such service with the Court. SO ORDERED by Judge Dora Lizette Irizarry on 8/1/2023. (CC)
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| Filing 7 STRICKEN AMENDED Summons Issued as to STAFFCO OF BROOKLYN, LLC d/b/a Southampton PEO. (ML) Modified on 8/3/2023 to indicate that the amended summons is stricken pursuant to the Electronic Order dtd. 8/1/2023. (ML). |
| Filing 6 Proposed Summons. by Melissa Garcia (Ostrove, Rick) |
| Filing 5 STRICKEN AMENDED COMPLAINT against All Defendants, filed by Melissa Garcia. (Attachments: #1 Proposed Summons) (Ostrove, Rick) Modified on 8/3/2023 to indicate that the amended complaint is stricken pursuant to the Electronic Order dtd. 8/1/2023. (ML). |
| Filing 4 Summons Issued as to All Defendants. (LJ) |
| 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Steven Tiscione. 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. (LJ) |
| Filing 1 COMPLAINT against Marie Alessi, Maria Barlowe, Westhampton Primary Care filing fee $ 402, receipt number ANYEDC-16788096 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Melissa Garcia. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons) (Ostrove, Rick) Modified on 6/13/2023 (LJ). |
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