Heise II v. National Railroad Passenger Corporation (AMTRAK) et al
| Mr. Richard Anton Heise II |
| Ms. Lisa Hubbard, National Railroad Passenger Corporation (AMTRAK) and Mr. Kevin Graham |
| 1:2020cv00878 |
| August 5, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 17, 2021. A more recent docket listing may be available from PACER.
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Filing 23
RESPONSE in Opposition re #22 MOTION to Amend/Correct #2 State Court Complaint filed by Mr. Kevin Graham, Ms. Lisa Hubbard, National Railroad Passenger Corporation (AMTRAK). (Attachments: #1 Declaration of Pamela SC Reynolds, #2 Certificate of Service)(Reynolds, Pamela)
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Reset Deadlines as to #22 MOTION to Amend/Correct #2 State Court Complaint. Response to Motion due by 9/30/2020. Motion Hearing is set for 10/16/2020 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. As a reminder, all of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. (sas)
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Filing 22
MOTION to Amend the #2 State Court Complaint filed by Mr. Richard Anton Heise II, Pro Se. (Attachments: #1 Proposed Amended Complaint) . (pjh, ) Modified on 9/17/2020 to remove referral language (sas).
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Filing 21
DECLARATION in Opposition of the #6 MOTION to Dismiss filed by Mr. Richard Anton Heise II, Pro Se. (pjh, )
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Filing 20
REPLY to Response to Motion re #6 MOTION to Dismiss filed by Mr. Kevin Graham, Ms. Lisa Hubbard, National Railroad Passenger Corporation (AMTRAK). (Attachments: #1 Certificate of Service)(Reynolds, Pamela)
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Filing 19
NOTICE of Appearance by Pamela S.C. Reynolds on behalf of Mr. Kevin Graham (Attachments: #1 Certificate of Service)(Reynolds, Pamela)
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Filing 18
NOTICE of Appearance by Pamela S.C. Reynolds on behalf of Ms. Lisa Hubbard (Attachments: #1 Certificate of Service)(Reynolds, Pamela)
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CLERK'S CORRECTION OF DOCKET ENTRY: Clerk added Attachment 1 - Additional copy of the Waiver to the #16 Waiver of Service Executed. (pjh, )
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Filing 17
RESPONSE in Opposition to the #6 MOTION to Dismiss filed by Mr. Richard Anton Heise II, Pro Se. (pjh, )
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Filing 16
WAIVER OF SERVICE Returned Executed as to Mr. Kevin Graham waiver sent on 8/17/2020, answer due 10/16/2020. (pjh, ) (Additional attachment(s) added on 9/2/2020: #1 Additional Copy of Waiver) (pjh, ).
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Filing 15
DECISION AND ORDER: It is hereby ORDERED, that plaintiff's #14 motion to proceed IFP is DENIED, and it is ORDERED, that plaintiff's #8 motion for appointment of counsel is DENIED. Signed by US Magistrate Judge Andrew T. Baxter on 8/31/2020. {Copy served upon pro se plaintiff via regular mail}(pjh, )
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Filing 14
MOTION for Leave to Proceed in forma pauperis filed by Mr. Richard Anton Heise II, Pro Se. Motions referred to Judge Andrew T. Baxter. (pjh, )
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Filing 13
WAIVER OF SERVICE Returned Executed by Ms. Lisa Hubbard waiver was sent on 8/11/2020, answer due 10/13/2020. (pjh, )
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Filing 12
TEXT ORDER: The Rule 16 conference set for 9/8/2020 and 9/1/2020 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #6 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/26/2020. [Copy served upon pro se plaintiff via regular mail.] (nmk)
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Filing 11
TEXT ORDER: granting #9 pro se plaintiff's Motion to Obtain ECF Login and Password. The Clerk is directed to coordinate with plaintiff to provide him with an ECF Login and Password. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/24/2020. [Copy served upon pro se plaintiff via regular mail.] (nmk)
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Filing 10
TEXT ORDER: STAYING Motion for Appointment of Counsel #8 . Plaintiff has filed a motion for appointment of counsel. #8 The law provides that "[t]he court may request an attorney to represent any person unable to afford counsel." 28 U.S.C. 1915(e)(1). Because this case was removed from a New York State court, plaintiff has not moved to proceed in forma pauperis ("IFP"). Although plaintiff has listed some financial information in his motion for counsel, he has not provided all of the required information that is listed on the form. The Clerk is directed to send an IFP application to plaintiff along with this order. Plaintiff shall submit a completed IFP application by 9/8/2020. When plaintiff submits the completed form, the court may consider the merits of his motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/24/2020. [Copy served upon pro se plaintiff with blank IFP form via regular mail.] (nmk)
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Filing 9
PRO SE MOTION to Obtain ECF Login and Password filed by Mr. Richard Anton Heise II. Motions referred to Judge Andrew T. Baxter. (pjh, )
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Filing 8
MOTION to Appoint Counsel filed by Mr. Richard Anton Heise II, Pro Se. (Attachments: #1 Exhibits in Support of Motion) Motions referred to Judge Andrew T. Baxter. (pjh, )
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Filing 7
PRO SE NOTICE returned executed by Mr. Richard Anton Heise II (pjh, )
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Set Deadlines as to #6 MOTION to Dismiss. Response to Motion due by 9/1/2020. Reply to Response to Motion due by 9/8/2020. Motion Hearing is set for 9/18/2020 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. As a reminder, all of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained.***A copy of this Notice was served upon pro se party via US Mail. (sas) Modified on 8/14/2020 to add service (sas).
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Filing 6
MOTION to Dismiss filed by Ms. Lisa Hubbard, National Railroad Passenger Corporation (AMTRAK). (Attachments: #1 Declaration of Pamela S.C. Reynolds in Support of Motion to Dismiss, #2 Exhibit(s) A to Declaration, #3 Memorandum of Law, #4 Certificate of Service) (Reynolds, Pamela)
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Filing 5
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by National Railroad Passenger Corporation (AMTRAK). (Reynolds, Pamela)
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Filing 4
PRO SE HANDBOOK, NOTICE and Local Rules were served upon Mr. Richard Anton Heise II via regular mail. (pjh, ) (pjh, ).
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/8/2020 at 10:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/1/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Served upon pro se Plaintiff via regular mail}(pjh, )
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Filing 2
STATE COURT COMPLAINT filed by Mr. Richard Anton Heise II, Pro Se in Rensselaer County Supreme Court. State Court Case Number: EF2020-266356. (pjh, )
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Filing 1
NOTICE OF REMOVAL from Rensselaer County Supreme Court, case number EF2020-266356 (Filing fee $400 receipt number ANYNDC 5195109) filed by Ms. Lisa Hubbard and National Railroad Passenger Corporation (AMTRAK). (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Certified mail recieved by the Defendant from Plaintiff, #3 Exhibit C - Notice to Adverse Party of Removal and Certificate of Notice to State Court, #4 Certificate of Service, #5 Civil Cover Sheet)(pjh, )
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