Almazon v. Dimon et al
| Doina Rosu Almazon |
| Jamie Dimon, JP Morgan Chase Bank, National Association, Town of Oyster Bay, John Doe #1 through John Doe #10 and John Doe Corp #1 through #10 |
| 2:2023cv05583 |
| July 24, 2023 |
| U.S. District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| James M Wicks |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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ORDER granting #23 Motion for Extension of Time to File Response #8 , #9 Letter Motions for pre-motion conference for Motions to Dismiss. The parties shall appear for a pre-motion conference on October 17, 2023 at 12:00 PM before the undersigned via the Court's AT&T conference line. The parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. Plaintiff's time to respond to the arguments raised in the Defendants' motions for a pre-motion conference (ECF Nos. #8 , #19 ) is hereby extended to and including October 10, 2023. Defendants shall file a response, if any, to ECF No. #23 , on or before the same date. Defendants are directed to serve a copy of this Order on pro se Plaintiff and file proof of service on ECF on or before September 25, 2023.So Ordered by Magistrate Judge James M. Wicks on 9/21/2023. (MSH)
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ORDER REFERRING MOTIONS: #8 , #19 , #21 , and #23 . All pretrial proceedings, including the above-mentioned motions, are hereby respectfully referred to the assigned Magistrate Judge. Additionally, any dispositive pretrial motions are referred to the assigned Magistrate Judge for a Report and Recommendation. 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 The Clerk of the Court is respectfully directed to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Gary R. Brown on 9/20/2023. Motions referred to James M. Wicks. (JP)
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| Filing 23 Letter MOTION for Extension of Time to File Response/Reply by Doina Rosu Almazon. (GO) |
| Filing 22 SUMMONS Returned Executed by Doina Rosu Almazon. Jamie Dimon served on 8/8/2023, answer due 8/29/2023; JP Morgan Chase Bank, National Association served on 8/1/2023, answer due 8/22/2023; Town of Oyster Bay served on 7/28/2023, answer due 8/18/2023. *The summonses were issued by the SDNY prior to the case being transferred to the EDNY.* (JC) |
| Filing 21 MOTION to Amend/Correct/Supplement #1 Complaint, , MOTION to Compel a Transfer of this case back to SDNY by Doina Rosu Almazon. (JC) |
| Filing 19 MOTION for pre motion conference seeking leave to file motion to dismiss by Town of Oyster Bay. (Attachments: #1 Affidavit of Service) (Panico, Deanna) |
| Filing 18 NOTICE of Appearance by Andrew Kenneth Preston on behalf of Town of Oyster Bay (aty to be noticed) (Attachments: #1 Affidavit of Service) (Preston, Andrew) |
| Filing 17 NOTICE of Appearance by Deanna Darlene Panico on behalf of Town of Oyster Bay (aty to be noticed) (Attachments: #1 Affidavit of Service) (Panico, Deanna) |
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Filing 20
ORDER: Accordingly, if service is not made upon the defendants by September 27, 2023, or Plaintiff fails to show good cause why such service has not been effected, the complaint will be dismissed without prejudice. Plaintiff shall provide a copy of this Order to the defendants along with the summonses and complaint and shall promptly file proof of service with the court. Accordingly, Plaintiff's application for appointment of pro bono (see DE #2 ), counsel is denied without prejudice and with leave to renew the application at a later stage in these proceedings if circumstances warrant such an application. This denial also is without prejudice to Plaintiff hiring her own counsel to represent her. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff at her address of record. SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 8/16/2023. (JC)
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| Filing 16 CERTIFICATE OF SERVICE by Jamie Dimon, JP Morgan Chase Bank, National Association (Pollock, Robert) |
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ORDER granting #15 Motion to Adjourn Conference. The Initial Conference set for September 11, 2023 is hereby adjourned pending the outcome of the pre-motion conference. Defendants shall serve a copy of this Order on Plaintiff at Plaintiff's last known address and file proof of service of the same. So Ordered by Magistrate Judge James M. Wicks on 8/9/2023. (MSH)
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| Filing 15 Letter MOTION to Adjourn Conference by Jamie Dimon, JP Morgan Chase Bank, National Association. (Winter, Mark) Modified on 8/8/2023 to change event to Motion to Adjourn Conference as per counsel as they selected the incorrect motion type (LC). |
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Filing 14
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via the Court's AT&T Teleconference line will be held September 11, 2023, at 2:30 PM before Magistrate Judge James M. Wicks. The parties are directed to dial 1-866-434-5269 and enter Access Code 9025281# at the prompt. All parties must attend. The parties are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than September 4, 2023. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court.So Ordered by Magistrate Judge James M. Wicks on 8/2/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules, #3 Hofstra Legal Pro Se Assistance Program) (DF)
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| Filing 13 NOTICE of Appearance by Robert Neil Pollock on behalf of Jamie Dimon, JP Morgan Chase Bank, National Association (aty to be noticed) (Attachments: #1 Certificate of Service) (Pollock, Robert) |
| Filing 12 NOTICE of Appearance by Scott W. Parker on behalf of Jamie Dimon, JP Morgan Chase Bank, National Association (aty to be noticed) (Attachments: #1 Certificate of Service) (Parker, Scott) |
| Filing 11 CERTIFICATE OF SERVICE by Jamie Dimon, JP Morgan Chase Bank, National Association (Winter, Mark) |
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Filing 10
ORDER OF RECUSAL. Magistrate Judge Arlene R. Lindsay recused. Case reassigned to Magistrate Judge James M. Wicks for all further proceedings. Ordered by Magistrate Judge Arlene R. Lindsay on 7/27/2023. (GO)
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| Filing 9 Corporate Disclosure Statement by Jamie Dimon, JP Morgan Chase Bank, National Association identifying Corporate Parent JPMorgan Chase & Co. for JP Morgan Chase Bank, National Association. (Winter, Mark) |
| Filing 8 Letter MOTION for pre motion conference for Motion to Dismiss by Jamie Dimon, JP Morgan Chase Bank, National Association. (Winter, Mark) |
| Filing 7 Notice of Related Case: The Case was directly assigned as a related Pro Se/Habeas Case. (JC) |
| Filing 6 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. (JC) |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:23-cv-05584. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (vfr) [Transferred from New York Southern on 7/24/2023.] |
| MAILING RECEIPT: Document No: 4. Mailed to: Doina Rosu Almazon 21 Jad Court P.O. Box 994 Plainview, NY 11803. (sha) [Transferred from New York Southern on 7/24/2023.] |
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Filing 4
ORDER Accordingly, the Court transfers this action to the United States District Court for the Eastern District of New York. See 28 U.S.C. 1404(a). The Eastern District of New York will be the appropriate forum to decide all pending motions. The Clerk is directed to transfer this action to the Eastern District of New York and to close the action on the docket of this Court. (And as further set forth herein.) SO ORDERED. (Signed by Judge John G. Koeltl on 7/12/2023) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/24/2023.]
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| MOTION to Appoint Counsel (see document #2 APPLICATION for the Court to Request Pro Bono Counsel) by Doina Rosu Almazon. (JC) |
| Filing 2 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Doina Rosu Almazon..(rdz) [Transferred from New York Southern on 7/24/2023.] |
| Filing 1 COMPLAINT against Jamie Dimon, JP Morgan Chase Bank, National Association, John Doe #1 through John Doe #10, John Doe Corp #1 through #10, Town of Oyster Bay. (Filing Fee $ 402.00, Receipt Number 17986)Document filed by Doina Rosu Almazon. (Attachments: #1 Supplement Receipt).(rdz) [Transferred from New York Southern on 7/24/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 7/24/2023.] |
| SUMMONS ISSUED as to Jamie Dimon, JP Morgan Chase Bank, National Association, John Doe #1 through John Doe #10, John Doe Corp #1 through #10, Town of Oyster Bay..(rdz) [Transferred from New York Southern on 7/24/2023.] |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) [Transferred from New York Southern on 7/24/2023.] |
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