Carroll v. United States of America
| Robert Carroll |
| United States of America |
| 1:2019cv01230 |
| October 4, 2019 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| Glenn T Suddaby |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1346 Tort Claim |
| None |
Docket Report
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Filing 15
TEXT ORDER granting Defendant's #13 Letter Request for an extension of time to file a response to plaintiff's #3 motion for preliminary injunction on or before December 9, 2019. SO ORDERED by Chief Judge Glenn T. Suddaby on 11/25/2019. (Copy served upon plaintiff via regular mail). (sal)
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Filing 14
CERTIFICATE OF SERVICE by United States of America re #13 Letter Motion from Karen Folster Lesperance, AUSA for United States of America requesting a deadline of December 9, 2019 to respond to plaintiff's motion for preliminary injunction submitted to Judge Suddaby (Folster Lesperance, Karen)
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Filing 13
Letter Motion from Karen Folster Lesperance, AUSA for United States of America requesting a deadline of December 9, 2019 to respond to plaintiff's motion for preliminary injunction submitted to Judge Suddaby . (Folster Lesperance, Karen)
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Filing 12
NOTICE of Appearance by Karen Folster Lesperance on behalf of United States of America (Folster Lesperance, Karen)
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Filing 11
ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to United States Attorney's Office, served on 11/21/2019. (rep)
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Filing 10
ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to U.S. Attorney General, served on 11/13/2019. (rep)
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Filing 9
G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule Conference set for 2/3/2020 at 11:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/27/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Copies forwarded to the US Marshal for Service of Process with the Summons, copies of the Complaint, USM 285 forms and copies of the #6 and #7 Orders.} {Copy served upon the pro se plaintiff via regular mail} (jmb)
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Filing 8
Summons Issued as to the United States of America, through the Department of Veterans Affairs. (Attachments: #1 Summons issued for the United States Attorney General, #2 Summons issued for the United States Attorney) {Forwarded to the US Marshal for Service of Process} (jmb)
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Filing 7
DECISION & ORDER: It is Ordered that this action has survived sua sponte review and requires a response from the defendant, the Clerk is therefore directed to issue a Summons and General Order # 25 packet that sets a Rule 16 Conference and forward it along with copies of the #1 Complaint filed by Robert Carroll and this Order to the United States Marshal Service for service of process. Signed by Magistrate Judge Daniel J. Stewart on 11/1/2019. (Copy served upon the pro se plaintiff via regular mail) (jmb)
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Filing 6
ORDER: Granting the #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Daniel J. Stewart on 11/1/2019. (Copy served upon the pro se plaintiff via regular mail) (jmb)
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Filing 5
TEXT ORDER denying #3 Plaintiff's request for an Order to Show Cause, denying without prejudice the first portion of #3 Plaintiffs motion for a preliminary injunction (which requests expedited discovery of all correspondence regarding his application for disability benefits pursuant to 38 U.S.C. 1151), reserving decision on the remaining portion of #3 Plaintiff's motion for a preliminary injunction (which requests an award of disability benefits pursuant to 38 U.S.C. 1151 during the pendency of this action), pending a response by Defendant. Plaintiff's request for an Order to Show Cause is unsupported by a showing of good cause why the standard Notice of Motion procedure cannot be used (as well as a showing of good cause and substantial prejudice that would result from the requirement of reasonable notice of the application), as required by Local Rule 7.1(e) of the Local Rules of Practice for this Court. (Dkt. No. #3 .) Among other things, he has not persuaded the Court that requiring service and a response would so prolong this proceeding as to preclude him from receiving benefits during his lifetime. As to Plaintiff's requests for relief, his first request (i.e., for expedited discovery) is denied without prejudice as unsupported by a showing of good cause: the appropriateness of expedited discovery is, under the circumstances, better decided by Magistrate Judge Stewart. Moreover, decision is reserved on Plaintiff's second request (i.e., for an award of benefits between the decision on his motion for a preliminary injunction and the entry of a judgment in this action), pending service of Plaintiff's Complaint, his motion and this Text Order on Defendant (following Magistrate Judge Stewart's decision of Plaintiff's motion to proceed in forma pauperis). Defendant's response papers shall be due within TEN (10) DAYS after service by Plaintiff. The Court will sua sponte schedule a hearing on Plaintiff's motion should it determine that oral argument and/or witness testimony is necessary. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/7/2019. (Copy served upon plaintiff via regular mail). (sal)
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Filing 4
PRO SE HANDBOOK and NOTICE issued and explained to Robert Carroll at time complaint was filed. Clerk provided the following to the pro se plaintiff: a copy of all filed documents, pro se notice, pro se handbook and local rules on 10/4/2019. Notice executed/signed by pro se plaintiff. (jmb)
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Filing 3
MOTION/AFFIDAVIT for Preliminary Injunction, filed by Robert Carroll, Pro Se. (Attachments: #1 Proposed Order to Show Cause) (jmb)
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Filing 2
MOTION for Leave to Proceed in forma pauperis, filed by Robert Carroll, Pro Se. (Attachments: #1 Proposed Summons) Motion referred to Daniel J. Stewart. (jmb)
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Filing 1
COMPLAINT FOR DAMAGES: against United States of America filed by Robert Carroll, Pro Se. (Attachments: #1 Civil Cover Sheet) (jmb)
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| Plaintiff: Robert Carroll | |
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| Defendant: United States of America | |
| Represented By: | Karen Folster Lesperance |
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