Roe v. RPI
Plaintiff: J. Roe
Defendant: RPI and Rensselaer Polytechnic Institute
Case Number: 1:2022cv00932
Filed: September 9, 2022
Court: US District Court for the Northern District of New York
Office: Albany Office
Presiding Judge: Andrew T Baxter
Referring Judge: Thomas J McAvoy
Nature of Suit: P.I.: Other
Cause of Action: 42 U.S.C. ยง 2000 e Job Discrimination (Employment)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2022 Filing 17 TEXT ORDER: STRIKING #16 plaintiff's "motion." In #15 the court's 10/12/2022 Decision and Order, the court provided specific instructions to the plaintiff regarding filing of a complete application to proceed In Forma Pauperis ("IFP") and a second amended complaint addressing the deficiencies identified by the court in #14 plaintiff's first amended complaint. The plaintiff's submission ignores those directions and will not be considered by the court. To the extent plaintiff seeks reconsideration of various aspects of #15 the court's 10/12/2022 Decision and Order, that motion for reconsideration is untimely and without merit. Reconsideration is appropriate only if "(1) there is an intervening change in the controlling law; (2) new evidence not previously available comes to light; or (3) it becomes necessary to remedy a clear error of law or to prevent manifest injustice." United States v. Jackson, 41 F. Supp. 3d 156, 164 (N.D.N.Y. 2014) (citing Delaney v. Selsky, 899 F. Supp. 923, 925 (N.D.N.Y. 1995) (McAvoy, C.J.)). A reconsideration motion "is not to be used 'for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a "second bite at the apple." Murray v. Palmer, No. 9:03-cv-1010, 2007 WL 1237679, at *2 (N.D.N.Y. Apr. 27, 2007). Plaintiff's submission merely rehashes prior positions, which this court has already addressed, or otherwise seeks a second bite at the apple." See also In re Health Mgmt. Sys., Inc. Sec. Litig., 113 F. Supp. 2d 613, 614 (S.D.N.Y.2000) ("[R]econsideration of a previous order is an extraordinary remedy to be employed sparingly in the interests of finality and conservation of scarce judicial resources."). Plaintiff requests an extension of 18 months "such that RPI may at least appear in this Court and release the case materials." The court will not authorize service on defendant RPI until the court completes the initial review of a complete IFP application and the operative complaint in this action. Despite the fact that the plaintiff has ignored the court's direction, the deadline for plaintiff to submit a complete IFP application and a second amended complaint will be extended to 12/30/2022. NO FURTHER EXTENSIONS WILL BE GRANTED ABSENT A COMPELLING SHOWING OF GOOD CAUSE. The court will complete the initial review of the operative IFP application and complaint after 12/30/2022 and then will make recommendations to District Judge McAvoy regarding the disposition of plaintiff's case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/7/2022. [Copy served upon pro se plaintiff by regular mail] (kmc)
November 4, 2022 Filing 16 ***STRICKEN PURSUANT TO #17 TEXT ORDER*** MOTION for Extension of Time to File a completed IFP Application and Amended Complaint filed by J. Roe. (Attachments: #1 Exhibits, #2 Envelope) Motions referred to Andrew T. Baxter. (hmr) Modified on 11/7/2022 to strike. (kmc)
October 12, 2022 Filing 15 DECISION AND ORDER: that plaintiff's application for IFP status (Dkt. No. #3 ) is Deferred at this time; that plaintiff shall have forty-five (45) days from the date of this order to file a complete IFP application for this court's review; that plaintiff shall have forty-five (45) days from the date of this order to amend his amended complaint (or to request an extension of time to do so) in order to address the deficiencies specifically noted in the above decision; that when plaintiff files a second amended complaint - or upon the expiration of plaintiff's time to do so - the Clerk shall send this case back to me for further review; that plaintiff's request to proceed with this action by means of pseudonym is Denied; that plaintiff's motion to seal the exhibits to the initial complaint (Dkt. No.: #6 ) is Denied, to the extent it has not been rendered moot; that Plaintiff's motion to obtain an ECF login and password (Dkt. No. #13 ) is Denied, without prejudice and that the Clerk serve a copy of this Order upon plaintiff in accordance with the Local Rules. Signed by US Magistrate Judge Andrew T. Baxter on 10/12/2022. (Copy served upon Pro se Plaintiff via regular mail, along with blank IFP application on 10/13/2022.)(hmr)
October 3, 2022 Filing 14 AMENDED COMPLAINT WITH JURY DEMAND against RPI filed by J. Roe, Pro Se. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Envelope)(pjh, )
September 19, 2022 Filing 13 Pro Se MOTION to Obtain ECF Login and Password filed by J. Roe. (Attachments: #1 Ex Parte Cover Letter) Motions referred to Andrew T. Baxter. (hmr)
September 9, 2022 Filing 12 Case transferred in from District of California Northern; Case Number 4:22-cv-04727. electronically transferred when case opened
September 8, 2022 Opinion or Order Filing 11 ORDER TRANSFERRING CASE. Signed by Magistrate Judge Donna M. Ryu on 9/8/2022. (dmrlc2, COURT STAFF) (Filed on 9/8/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 9/9/2022.]
September 8, 2022 ***Motions terminated: #6 First Ex Parte Application to seal filed by J. Roe, #3 MOTION for Leave to Proceed in forma pauperis filed by J. Roe. (dmrlc2, COURT STAFF) (Filed on 9/8/2022) [Transferred from California Northern on 9/9/2022.]
September 8, 2022 Transferring case electronically to the Northern District of New York. (gba, COURT STAFF) (Filed on 9/8/2022) [Transferred from California Northern on 9/9/2022.]
September 6, 2022 Filing 10 Statement re #7 Order, To Show Cause 7 ORDERED by the Honorable Donna M. Ryuand venue facts, statements and evidence by J. Roe. (Attachments: #1 Exhibit Roe's venue statements and evidence ordered by the Honorable Donna M. Ryu)(Roe, J.) (Filed on 9/6/2022) [Transferred from California Northern on 9/9/2022.]
September 1, 2022 ***Deadlines terminated re #9 Consent/Declination to Proceed Before a US Magistrate Judge filed by J. Roe. (kc, COURT STAFF) (Filed on 9/1/2022) [Transferred from California Northern on 9/9/2022.]
September 1, 2022 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J. Roe.. (Roe, J.) (Filed on 9/1/2022) [Transferred from California Northern on 9/9/2022.]
September 1, 2022 Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 9/14/2022. (bns, COURT STAFF) (Filed on 9/1/2022) [Transferred from California Northern on 9/9/2022.]
August 25, 2022 Opinion or Order Filing 7 ORDER TO SHOW CAUSE. Response due by 9/26/2022. Signed by Magistrate Judge Donna M. Ryu on 8/25/2022. (dmrlc2, COURT STAFF) (Filed on 8/25/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 9/9/2022.]
August 25, 2022 Filing 6 First Ex Parte Application / Motion to seal filed by J. Roe. (Attachments: #1 Exhibit Motion exhibits [Note: Exhibits are also included in the main document.])(Roe, J.) (Filed on 8/25/2022) [Transferred from California Northern on 9/9/2022.]
August 24, 2022 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J. Roe.. (Roe, J.) (Filed on 8/24/2022) [Transferred from California Northern on 9/9/2022.]
August 17, 2022 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/9/2022. Initial Case Management Conference set for 11/16/2022 at 1:30 PM in Oakland, Courtroom 4, 3rd Floor. (wsn, COURT STAFF) (Filed on 8/17/2022) [Transferred from California Northern on 9/9/2022.]
August 17, 2022 Filing 3 MOTION for Leave to Proceed in forma pauperis filed by J. Roe. (wsn, COURT STAFF) (Filed on 8/17/2022) [Transferred from California Northern on 9/9/2022.]
August 17, 2022 Filing 2 Proposed Summons. (wsn, COURT STAFF) (Filed on 8/17/2022) [Transferred from California Northern on 9/9/2022.]
August 17, 2022 Filing 1 COMPLAINT against RPI. Filed by J. Roe. Consent/Declination due by 8/31/2022. (Attachments: #1 Exhibits part 1, #2 Exhibits part 2, #3 Exhibits part 3, #4 Exhibits part 4, #5 Civil Cover Sheet, #6 Envelope)(wsn, COURT STAFF) (Filed on 8/17/2022) [Transferred from California Northern on 9/9/2022.]

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Defendant: Rensselaer Polytechnic Institute
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