Bosman v. McDonough et al
| Sandy Bosman |
| Merit System Protection Board (NY) and Denis R. McDonough |
| 2:2024cv05124 |
| July 23, 2024 |
| US District Court for the Eastern District of New York |
| James M Wicks |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on September 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 22 Letter from the Pro Se Office to Pro Se Litigant, Sandy Bosman, RE: This letter acknowledges receipt of your civil action. A docket number and Judge(s) have been assigned as indicated above. Please see document for further details. (AMF) |
| Filing 21 NOTICE of Appearance by Diane C. Leonardo on behalf of Denis R. McDonough (aty to be noticed) (Leonardo, Diane) |
Filing 20
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 9/9/2024. (DF)
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| Filing 19 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE: Pro Se Plaintiff: Sandy Bosman, appearing Pro Se. Counsel for Defendant: Diane C. Leonardo. Initial Conference Hearing held on 9/9/2024 at 10:00 AM. The time for Defendants to answer, move, or otherwise respond to the Complaint has been extended to on or before September 30, 2024. Following discussion with counsel, the Court prepared and adopted a Scheduling Order which is attached at ECF No. #20 . In addition to the dates set forth below the last date to take the first steps towards summary judgment motion practice is August 11, 2025. As mentioned at the Initial Conference, Counsel are reminded that pursuant to EDNY Administrative Order 2023-23 (see ECF No. #16 ), this is a Direct Assignment Program case. As such, unless the parties consent to the undersigned's jurisdiction on or before October 9, 2024, a District Judge will be assigned to the case. See Administrative Order 2023-23. The parties were also advised that pursuant to Fed. R. Civ. P. 73(b)(2), the parties are free to withhold consent without any adverse substantive consequences. A Status Conference has been scheduled for March 17, 2025 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule 1E). A Final Pretrial Conference has been scheduled for August 28, 2025 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule 1E). A joint proposed pretrial order ("JPTO") in compliance with the undersigned's Individual Practice Rules, signed by counsel for each party, must be filed on ECF at least five (5) business days prior to this conference. If a motion for summary judgment is pending, the final pretrial conference will be cancelled and filing of the JPTO will be held in abeyance. 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. On or before, September 13, 2024, counsel for Defendant is to serve copies of this order and attachments upon Pro Se Plaintiff and file proof of service on ECF. (FTR Log #9:57-10:14 (Video).) (DF) |
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Filing 18
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Rule 16 Scheduling Conference will be held on September 9, 2024 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. All parties must attend. Pro Se Plaintiff is directed to contact Judge Wicks' Courtroom Deputy at (631) 712-5625 with an email address where the Zoom invitation can be sent. The parties are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than September 3, 2024. 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. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule 1E). 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. All parties are directed to review Docket Entry No. #16 , concerning the assignment of a Magistrate Judge to oversee this case. If by October 9, 2024 all parties have not signed and filed the consent form consenting to the jurisdiction of the assigned Magistrate Judge, the Clerk of Court is directed to randomly assign a District Judge to the case. In that event, the assigned Magistrate Judge will remain on the case and preside over all non-dispositive pretrial matters unless the assigned District Judge orders otherwise. So Ordered by Magistrate Judge James M. Wicks on 7/30/2024. (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 16 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (JC) |
| Filing 15 Case transferred in from District of New York Southern; Case Number 1:24-cv-04254. Original file certified copy of transfer order and docket sheet received. |
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Filing 14
STIPULATION AND ORDER TO TRANSFER VENUE NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties as follows: 1. The above-captioned action is hereby transferred to the United States District Court for the Eastern District of New York, pursuant to 28 U.S.C. 1406(a). 2. All of the parties' respective arguments, claims, and defenses in this action are hereby reserved. 3. This Stipulation and Order Transferring Venue (the "Stipulation and Order") may be executed in counterparts; a reproduced signature shall have the same force and effect as an original signature; and a facsimile or electronic copy of the Stipulation and Order shall have the same force and effect as an original. 4. The undersigned parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements or negotiations, oral or otherwise, between the undersigned parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. (Signed by Judge John P. Cronan on 7/23/2024) (jca) [Transferred from New York Southern on 7/23/2024.]
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| Filing 13 CERTIFICATE OF SERVICE of Notice of Appearance and Proposed Stipulation and Order to Transfer Venue served on Sandy Bosman on July 17, 2024. Service was made by Mail. Document filed by Denis R. McDonough, Merit System Protection Board (NY)..(Marryshow, Danielle) [Transferred from New York Southern on 7/23/2024.] |
| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Denis R. McDonough, Merit System Protection Board (NY)..(Marryshow, Danielle) [Transferred from New York Southern on 7/23/2024.] |
| Filing 11 NOTICE OF APPEARANCE by Danielle Marryshow on behalf of Denis R. McDonough, Merit System Protection Board (NY)..(Marryshow, Danielle) [Transferred from New York Southern on 7/23/2024.] |
| Filing 9 LETTER from Sandy Bosman dated 6/26/2024 re: I received the decision letter on June 6. I wanted to submit it to the records. Document filed by Sandy Bosman.(tg) [Transferred from New York Southern on 7/23/2024.] |
| Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Merit System Protection Board (NY) served on 6/14/2024, answer due 7/8/2024. Service was accepted by Attorney General of the US Dept of Justice. Service was made by Fedex. Document filed by Sandy Bosman..(tro) [Transferred from New York Southern on 7/23/2024.] |
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Filing 8
INFORMATION PACKAGE MAILED to Sandy Bosman 2719 44th Drive #5A Long Island City, NY 11101 at, on 6/12/2024 Re: #6 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb) [Transferred from New York Southern on 7/23/2024.]
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| Filing 7 SUMMONS ISSUED as to Denis R. McDonough, Merit System Protection Board (NY). (nb) [Transferred from New York Southern on 7/23/2024.] |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 6/12/2024 Re: Judge John P. Cronan #6 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Denis R. McDonough, Attorney General of the United States, United States Attorney, U.S. Merit Systems Protection Board. (nb) [Transferred from New York Southern on 7/23/2024.] |
| MAILING RECEIPT: Document No: 6. Mailed to: Sandy Bosman 2719 44th Drive #5A Long Island City, NY 11101. (sac) [Transferred from New York Southern on 7/23/2024.] |
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Filing 6
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendant Denis R. McDonough, Secretary of the U.S. Department of Veterans Affairs, and Defendant U.S. Merit Systems Protection Board (MSPB) through the U.S. Marshals Service, the Clerk of Court is respectfully instructed to complete a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each Defendant. The Clerk of Court is further instructed to: (1) mark the box on the USM-285 form labeled "Check for service on U.S.A."; and (2) issue a summons and deliver to the Marshals Service a copy of this order and all other paperwork necessary for the Marshals Service to effect service on the United States. Lastly, the Clerk of Court is directed to mail an information package to Plaintiff. It is Plaintiff's responsibility to ensure that service is made within ninety days of the date the summons is issued and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in writing if Plaintiff's address changes. The Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge John P. Cronan on 6/10/2024) (jca) Transmission to Pro Se Assistants for processing. [Transferred from New York Southern on 7/23/2024.]
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| Pro Se Staff Attorney Assignment Completed. (keb) [Transferred from New York Southern on 7/23/2024.] |
| Set/Reset Pro Se Case Tracking Deadlines: Send FRCP 4 Service Package by 6/25/2024. (jca) [Transferred from New York Southern on 7/23/2024.] |
| MAILING RECEIPT: Document No: 5. Mailed to: Sandy Bosman 2719 44th Drive #5A Long Island City, NY 11101. (nb) [Transferred from New York Southern on 7/23/2024.] |
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 6/6/2024) (vn) [Transferred from New York Southern on 7/23/2024.]
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| Filing 4 Screening Memo to Judge Recommending: Order of Service. Proposed Order deadline set for 6/17/2024. (Attachments: #1 proposed order of service) (keb) (Attachment 1 replaced on 6/6/2024) (keb). [Transferred from New York Southern on 7/23/2024.] |
| Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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. (sgz) [Transferred from New York Southern on 7/23/2024.] |
| NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case. (sgz) [Transferred from New York Southern on 7/23/2024.] |
| MAILING RECEIPT: Document No: 3. Mailed to: Sandy Bosman 2719 44th Drive #5A Long Island City, NY 11101. (nb) [Transferred from New York Southern on 7/23/2024.] |
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Filing 3
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (sac) [Transferred from New York Southern on 7/23/2024.]
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sandy Bosman. (sac) [Transferred from New York Southern on 7/23/2024.] |
| Filing 1 COMPLAINT against Denis R. McDonough, Merit System Protection Board. Document filed by Sandy Bosman. (sac) Modified on 6/6/2024 (sac). [Transferred from New York Southern on 7/23/2024.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 7/23/2024.] |
| Pro Se Staff Attorney K. Benson [Telephone Extension 0684] assigned case. Pro Se Staff Attorney Flag PSA-Benson set. Pro Se Staff Attorney Action (Screening Memo to Judge/Sua Sponte Order to Dismiss, Amend or Transfer, or Order to Answer) due by 7/8/2024. (sac) [Transferred from New York Southern on 7/23/2024.] |
| *** Set/Clear Flags *** Added flag(s):PRO SE. (sac) [Transferred from New York Southern on 7/23/2024.] |
| *** Set/Clear Flags *** Added flag(s):PRO SE REVIEW. (sac) [Transferred from New York Southern on 7/23/2024.] |
| Pro Se Intake Clerk's Note: Proposed Order Granting IFP Application, prepared for Pro Se Staff Attorney Review on 6/4/2024. (sac) [Transferred from New York Southern on 7/23/2024.] |
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information. (sac) [Transferred from New York Southern on 7/23/2024.] |
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