Williams v. Service Tire Truck Centers
Plaintiff: Ronald E. Williams
Defendant: Service Tire Truck Centers
Case Number: 1:2018cv01430
Filed: December 11, 2018
Court: US District Court for the Northern District of New York
Presiding Judge: Mae A D'Agostino
Referring Judge: Christian F Hummel
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. ยง 2000 Job Discrimination (Race)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 16, 2019 Opinion or Order Filing 8 REPORT AND RECOMMENDATIONS & ORDER: It is Ordered that the #6 MOTION for Leave to Proceed in forma pauperis filed by Ronald E. Williams is GRANTED, It is Recommended that regarding the #1 Complaint, (1) Plaintiffs hostile work environment claim pursuant to Title VII proceed; (2) Plaintiffs racial discrimination claim pursuant to Title VII be DISMISSED without prejudice and with opportunity to amend to allege facts demonstrating that plaintiffs demotion and deduction in pay were due to his race or color; (3) Plaintiffs claim alleging that he faced unequal terms and conditions of employment due to his race pursuant to Title VII be DISMISSED without prejudice and with opportunity to amend to adequately allege facts demonstrating that there were other similarly situated employees outside of plaintiffs protected class who engaged in substantially similar conduct and received preferential treatment; and it is further it is Recommended that if the District Judge adopts this Report-Recommendation and Order plaintiff be provided thirty days from the date of any order adopting this Report-Recommendation and Order to file an amended complaint,5 and should plaintiff decline to file an amended complaint within that time, defendant or their counsel be required to file a formal response to the surviving claims in the original complaint as provided for in the Federal Rules of Civil Procedure subsequent to service of process on the defendant; and it is further Ordered that if plaintiff amends his complaint, the Clerk of the Court return the case to the magistrate judge for review of the amended complaint, and if plaintiff does not amend his complaint within the time-period set forth, the Clerk return the case to the magistrate judge for service of the original complaint. (Objections to R&R due by 2/4/2019, Case Review Deadline 2/6/2019). Signed by Magistrate Judge Christian F. Hummel on 1/16/2019. (Attachments: #1 Unpublished Caselaw) (Copy served upon the pro se plaintiff via regular mail) (jmb)
December 28, 2018 Filing 7 TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Signed by U.S. District Judge Mae A. D'Agostino on 12/28/2018. (Copy served upon the pro se plaintiff via regular mail) (jmb)
December 28, 2018 Filing 6 SECOND MOTION for Leave to Proceed in forma pauperis, filed by Ronald E. Williams, Pro Se. Motion referred to Christian F. Hummel. (jmb)
December 17, 2018 Opinion or Order Filing 5 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Signed by U.S. District Judge Mae A. D'Agostino on 12/17/2018. (Copy served via regular and certified with blank IFP Form)(ban)
December 11, 2018 Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. {Clerk served a copy of this docket entry along with a printed copy of Judge D'Agostino's rules by regular mail.} (jmb)
December 11, 2018 Filing 3 PRO SE HANDBOOK and NOTICE issued and explained to Ronald E. Williams at time complaint was filed at the Albany Clerk's Office public counter. In addition the clerk gave plaintiff a copy of all filed documents and a copy of the Local Rules. Notice signed by plaintiff and the Deputy Clerk. (jmb)
December 11, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ronald E. Williams, Pro Se. (Attachment: #1 Proposed Summons) Motion referred to Christian F. Hummel. (jmb)
December 11, 2018 Filing 1 COMPLAINT WITH JURY DEMAND against Service Tire Truck Centers filed by Ronald E. Williams, Pro Se. With attached supporting exhibits. (Attachments: #1 Civil Cover Sheet) (jmb)

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Defendant: Service Tire Truck Centers
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Plaintiff: Ronald E. Williams
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