Varela v. Land O' Lakes
| Dina Varela |
| Land O' Lakes |
| 2:2023cv08737 |
| November 21, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| James M Wicks |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2024. A more recent docket listing may be available from PACER.
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ORDER: On 12/15/2023, this Court denied Plaintiff's motion for leave to proceed in forma pauperis. DE #4 . In that Order, this Court granted plaintiff fourteen days to either file the Long Form (enclosed therein) or remit the filing fee. Id. The Court also warned plaintiff that, upon failure to do so, the action "will be dismissed without prejudice." Id. The applicable deadline passed eleven days ago. Nonetheless, given Plaintiff's pro se status and the recent holidays that occurred during the relevant period, Plaintiff will be afforded one final opportunity to comply with the Court's prior Order. As such, plaintiff shall either file the Long Form or remit the filing fee by 1/19/2024. Plaintiff is further cautioned that failure to respond in a timely manner will result in dismissal of the action and judgment shall enter without further notice. 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 in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff at her address of record. Ordered by Judge Joan M. Azrack on 1/9/2024. (CB)
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Filing 4
ORDER: Before the Court is the application to proceed in forma pauperis ("IFP") filed by Plaintiff Dina Varela, acting pro se, together with her complaint against Defendant Land O'Lakes. (ECF Nos. #1 - #2 .) For the reasons that follow, the application to proceed IFP is DENIED WITHOUT PREJUDICE and with leave to renew upon filing, within fourteen (14) days, the AO 239 Long Form IFP application ("Long Form") attached to this Order. Alternatively, Plaintiff may remit the $402.00 filing fee.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, should Plaintiff seek leave to appeal in forma pauperis, such status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff at her address of record. SEE ATTACHED ORDER for details. So Ordered by Judge Joan M. Azrack on 12/15/2023. (Attachments: #1 AO 239 Long Form IFP Application) c/m to pro se plaintiff (LC)
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| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (DC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Dina Varela. (DC) |
| Filing 1 COMPLAINT against Land O' Lakes Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Dina Varela. (Attachments: #1 Civil Cover Sheet) (DC) |
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| Plaintiff: Dina Varela | |
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| Defendant: Land O' Lakes | |
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