Roe v. RPI
| J. Roe |
| RPI and Rensselaer Polytechnic Institute |
| 1:2022cv00932 |
| September 9, 2022 |
| US District Court for the Northern District of New York |
| Albany Office |
| Andrew T Baxter |
| Thomas J McAvoy |
| P.I.: Other |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
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)
|
|
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)
|
|
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)
|
|
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, )
|
|
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)
|
|
Filing 12
Case transferred in from District of California Northern; Case Number 4:22-cv-04727. electronically transferred when case opened
|
|
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.]
|
|
***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.]
|
|
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.]
|
|
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.]
|
|
***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.]
|
|
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.]
|
|
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.]
|
|
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.]
|
|
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.]
|
|
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.]
|
|
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.]
|
|
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.]
|
|
Filing 2
Proposed Summons. (wsn, COURT STAFF) (Filed on 8/17/2022) [Transferred from California Northern on 9/9/2022.]
|
|
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.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
