SALON DEVELOPMENT CORP. v. VINAL et al
| SALON DEVELOPMENT CORP. |
| AMANDA VINAL, SHELBIE BRENNEN, UNADILLA HAIR COMPANY and Jane Doe |
| 3:2022cv01255 |
| November 28, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Gary L Sharpe |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 21
TEXT ORDER: Defendants SHELBIE BRENNEN & AMANDA VINAL Joint Motion to Appoint Counsel #16 is DENIED, without prejudice. First, the Court does not permit or accept joint motions by parties and a pro se party may not represent anyone but themselves. Second, there is no right to appointment of counsel in civil matters. See, Burgos v. Hopkins, 14 F.3d 787, 789 (2d Cir. 1994). Appointment of counsel must be done carefully in order to preserve the "precious commodity" of volunteer lawyers for those litigants who truly need a lawyer's assistance. Cooper v. A. Sargenti, Inc., 877 F.2d 170, 172-73 (2d Cir. 1989). This action was only recently commenced and Defendants have not yet responded to the allegations contained in the Complaint, which, on its face, does not involve complex legal issues indicating that Defendants will be unable to investigate the facts alleged. Harmon v. Runyon, 96-CV-6080, 1997 WL 118379 (S.D.N.Y. Mar. 17, 1997). Finally, Defendants have not identified any special reason why the appointment of counsel at this stage would be more likely to lead to a just determination. Id. Defendants may renew a motion to appoint counsel when the matter is ready for trial, if and when this matter reaches that stage. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/28/2022. (copy served on Defendants SHELBIE BRENNEN & AMANDA VINAL via regular mail) (jdp )
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Filing 20
TEXT ORDER: The Court has reviewed Defendant AMANDA VINAL request #15 for permission to electronically file documents via CM/ECF and given that Defendant has filed a certification as directed showing that Defendant is in compliance with the Court's requirements, permission is granted for Defendant AMANDA VINAL to participate in electronic case filing and Pro Se Defendant AMANDA VINAL Motion #15 is GRANTED. Defendant AMANDA VINAL is authorized to conduct N.D.N.Y. CM/ECF filing via a PACER account in Case 3:22-CV-1255-GLS-ML, under the following conditions: (1) Defendant is authorized only to conduct filing in Case 3:22-CV-1255-GLS-ML; (2) Defendant must not permit anyone else to utilize their PACER account; (3) Defendant must comply with ALL N.D.N.Y. Local Rules, ALL Federal Rules, ALL General Orders of the N.D.N.Y., and ALL Court Orders, directives, and practices; and (4) Defendant must comply with ALL directives issued by the Clerks Office to Defendant in connection with any filing on CM/ECF as to which the Clerks Office contacts Defendant. DEFENDANT IS ADVISED AND CAUTIONED THAT ANY VIOLATION OF ANY CONDITION OR ANY ABUSE OTHERWISE OF PARTICIPATION IN ELECTRONIC CASE FILING WILL RESULT IN THE IMMEDIATE REVOCATION OF DEFENDANT PARTICIPATING IN ELECTRONIC CASE FILING. ADDITIONALLY, THE COURT MAY REVOKE THESE ELECTRONIC FILING PRIVILEGES IF IT DETERMINES IN ITS SOLE DISCRETION THAT DEFENDANT'S USE OF THE SYSTEM IS NOT SATISFACTORY. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/28/2022. (copy served on Defendants SHELBIE BRENNEN & AMANDA VINAL via regular mail) (jdp )
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Filing 19
TEXT ORDER: The Court has reviewed Defendant SHELBIE BRENNEN request #14 for permission to electronically file documents via CM/ECF and given that Defendant has filed a certification as directed showing that Defendant is in compliance with the Court's requirements, permission is granted for Defendant SHELBIE BRENNEN to participate in electronic case filing and Pro Se Defendant SHELBIE BRENNEN Motion #14 is GRANTED. Defendant SHELBIE BRENNEN is authorized to conduct N.D.N.Y. CM/ECF filing via a PACER account in Case 3:22-CV-1255-GLS-ML, under the following conditions: (1) Defendant is authorized only to conduct filing in Case 3:22-CV-1255-GLS-ML; (2) Defendant must not permit anyone else to utilize their PACER account; (3) Defendant must comply with ALL N.D.N.Y. Local Rules, ALL Federal Rules, ALL General Orders of the N.D.N.Y., and ALL Court Orders, directives, and practices; and (4) Defendant must comply with ALL directives issued by the Clerks Office to Defendant in connection with any filing on CM/ECF as to which the Clerks Office contacts Defendant. DEFENDANT IS ADVISED AND CAUTIONED THAT ANY VIOLATION OF ANY CONDITION OR ANY ABUSE OTHERWISE OF PARTICIPATION IN ELECTRONIC CASE FILING WILL RESULT IN THE IMMEDIATE REVOCATION OF DEFENDANT PARTICIPATING IN ELECTRONIC CASE FILING. ADDITIONALLY, THE COURT MAY REVOKE THESE ELECTRONIC FILING PRIVILEGES IF IT DETERMINES IN ITS SOLE DISCRETION THAT DEFENDANT'S USE OF THE SYSTEM IS NOT SATISFACTORY. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/28/2022. (copy served on Defendants SHELBIE BRENNEN & AMANDA VINAL via regular mail) (jdp, )
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| Filing 18 CERTIFICATE OF SERVICE by AMANDA VINAL re #16 MOTION to Appoint Counsel filed by SHELBIE BRENNEN, AMANDA VINAL., #15 Pro Se MOTION to Obtain ECF Login and Password filed by AMANDA VINAL., #12 Pro Se Handbook and Notice Issued served on Bruce Baldinger (khr) |
| Filing 17 CERTIFICATE OF SERVICE by SHELBIE BRENNEN re #16 MOTION to Appoint Counsel filed by SHELBIE BRENNEN, AMANDA VINAL., #14 Pro Se MOTION to Obtain ECF Login and Password filed by SHELBIE BRENNEN., #13 Pro Se Handbook and Notice Issued served on Bruce Baldinger (khr) |
| Filing 16 JOINT MOTION to Appoint Counsel filed by SHELBIE BRENNEN, AMANDA VINAL. Motions referred to Miroslav Lovric. (khr) |
| Filing 15 Pro Se MOTION to Obtain ECF Login and Password filed by AMANDA VINAL. Motions referred to Miroslav Lovric. (khr) |
| Filing 14 Pro Se MOTION to Obtain ECF Login and Password filed by SHELBIE BRENNEN. Motions referred to Miroslav Lovric. (khr) |
| Filing 13 PRO SE HANDBOOK and NOTICE issued and explained to SHELBIE BRENNEN on 12/19/2022. (khr)(Copy provided to pro se defendant) |
| Filing 12 PRO SE HANDBOOK and NOTICE issued and explained to AMANDA VINAL on 12/19/2022. (khr)(Provided a copy to pro se defendant) |
| NOTICE of Hearing: Initial Conferenced scheduled for March 1, 2023 at 2:30PM will be in person, at 15 Henry Street, 1st Floor Courtroom, Binghamton NY. ALL APPEARANCES REQUIRED. (jdp ) |
| Filing 11 RESPONSE by Attorney Bruce Baldinger re #7 Notice of Admission Requirement. (khr) |
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Filing 10
Text Only Order - On November 28, 2022, this case was transferred from the District of New Jersey. (Dkt. No. 6.) Attached to the complaint, plaintiff filed a brief in support of a motion for an order to show cause with temporary and preliminary restraints (Dkt. No. 1-2.) Plaintiff is directed to refile its application for an order to show cause in full compliance with Local Rule 7.1(e) as soon as practicable. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 11/29/2022. (jel, )
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| Filing 9 Summonses Issued as to SHELBIE BRENNEN, UNADILLA HAIR COMPANY, and AMANDA VINAL. (Attachments: #1 Summons for Shelbie Brenen, #2 Summons for Unadilla Hair Company) {Emailed to Attorney Baldinger on 11/28/2022} (see) |
| Filing 8 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/1/2023 at 02:30 PM by telephone before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/22/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Emailed to Attorney Baldinger on 11/28/2022}(see) |
| Filing 7 NOTICE OF ADMISSION REQUIREMENT as to Party plaintiff; Attorney Bruce Eric Baldinger, Email address is bbaldinger@baldingerlaw.com. Phone number is 908-218-0060. Admissions due by 12/12/2022. {Emailed to Attorney Baldinger on 11/28/2022}(see) |
| Filing 6 Case transferred in from District of New Jersey; Case Number 2:22-cv-06724. electronically transferred when case opened |
| TEXT NOTICE:The Initial Conference scheduled for 3/1/2023 at 2:30PM will be by Teams. The Courtroom Deputy will send the parties a Teams invite to participate in the conference. (jdp ) |
| TEXT NOTICE: Although the plaintiff herein has named Jane Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a Jane Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the Jane Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. {Emailed to Attorney Baldinger on 11/28/2022} (see) |
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Filing 5
ORDER transferring case to the Northern District of New York; that summons shall not issue. (N/M - copy of order forwarded to USMS) ***CIVIL CASE TERMINATED. Signed by Judge Evelyn Padin on 11/23/2022. (lag, ) [Transferred from New Jersey on 11/28/2022.]
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| Filing 4 OPINION. Signed by Judge Evelyn Padin on 11/23/2022. (lag, ) [Transferred from New Jersey on 11/28/2022.] |
| ***Civil Case Terminated. (lag, ) [Transferred from New Jersey on 11/28/2022.] |
| Filing 3 Proposed Order Corrected Proposed OTSC by SALON DEVELOPMENT CORP.. (BALDINGER, BRUCE) [Transferred from New Jersey on 11/28/2022.] |
| Filing 2 Request for Summons to be Issued by SALON DEVELOPMENT CORP. as to SHELBIE BRENNEN, UNADILLA HAIR COMPANY, AMANDA VINAL. (Attachments: #1 Summons Vinal, #2 Summons Unadilla Hair Co)(BALDINGER, BRUCE) [Transferred from New Jersey on 11/28/2022.] |
| Filing 1 COMPLAINT against SHELBIE BRENNEN, JANE DOE, UNADILLA HAIR COMPANY, AMANDA VINAL ( Filing and Admin fee $ 402 receipt number ANJDC-13847406), filed by SALON DEVELOPMENT CORP.. (Attachments: #1 Declaration Declaration of Jonathan Shaw, #2 Brief Brief, #3 Text of Proposed Order Proposed OTSC, #4 Civil Cover Sheet)(BALDINGER, BRUCE) [Transferred from New Jersey on 11/28/2022.] |
| Case assigned to Judge Evelyn Padin and Magistrate Judge James B. Clark. (jr) [Transferred from New Jersey on 11/28/2022.] |
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