Doe et al v. Rees
| Jane Doe, John Doe, II, John Doe, III and Jane Doe, IV |
| Jonathan Rees, Greg Ellis, Johnathan Rees, Jonny Rees and Jacob Lorenzo |
| 3:2024cv00274 |
| February 24, 2024 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Assault Libel & Slander |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 17 REVISED PROOF OF SERVICE for Summons, Amended Complaint, Civil Cover Sheet, Complaint, Declaration of Jane Doe, Civil Case Assignment & Filing Order Notice, Letter to Clerk, Plaintiff's Memorandum of Law in Support of their Motion for Leave for Plaintiffs to Appear Anonymously. Service attempted on Jonathan Rees on 3/28/2024, 3/30/2024, 4/03/2024, 4/04/2024 mail addressed to subject was on porch - confirmed residency (posted after 4th attempt). {Filed via MFT on 4/19/2024 by Plaintiffs} Jonathan Rees served on 4/4/2024, answer due 4/25/2024. (kck) |
| Filing 16 PROOF OF SERVICE for Summons, Amended Complaint, Civil Cover Sheet, Complaint, Declaration of Jane Doe, Civil Case Assignment & Filing Order Notice, Letter to Clerk, Plaintiff's Memorandum of Law in Support of their Motion for Leave for Plaintiffs to Appear Anonymously. Service attempted on Jonathan Rees on 3/28/2024, 3/30/2024, 4/03/2024, mail addressed to subject was on porch - confirmed residency. {Filed via MFT on 4/19/2024 by Plaintiffs} (kck) |
| Filing 15 AFFIDAVIT of Service received via MFT on 4/4/2024 for Summons filed by Jane Doe, IV, Jane Doe, John Doe, III, and John Doe, II. Additional information regarding attempted service, etc: mail addressed to subject was on porch confirmed residency posted after 3rd attempt today was 4th attempt. (see) (Additional attachment(s) added on 4/8/2024: #1 Supportive Evidence) (see, ). |
| Filing 14 AMENDED COMPLAINT WITH JURY DEMAND against Jonathan Rees filed via MFT on 3/20/2024 by Jane Doe, Jane Doe, IV, John Doe, III, and John Doe, II. (Attachments: #1 Certificate of Service)(see) |
| Filing 13 AFFIDAVIT of Service filed by via MFT on 3/15/2024 by Jane Doe, IV, Jane Doe, John Doe, III, and John Doe, II as to service of Summons, Complaint, Motion for Leave for Plaintiffs to Appear Anonymously, Proposed Order, Declaration, GO25, and Motion to Serve via Mail served on Jonathan Rees on 3/14/2024 via deft's attorney of record Chris Brown, Esq., by first class mail marked "Personal and Confidential". (see) |
| Filing 12 TEXT ORDER: Plaintiff paid the filing fee in this action. (Entry dated 03/01/2024.) The Court reviewed Plaintiff Jane Does Motion #11 and attached exhibits, and based on the submission, it appears that Plaintiff Jane Doe may obtain Defendants address through means and channels other than the Broome County Family Court. (Dkt. No. 11 at 5-6.) More specifically, the Confidential Address order attached to the motion (id.) appears to order that the Broome County Family Court maintain Defendants address as confidential from adverse parties in the action there. Pursuant to Fed. R. Civ. P. 4(c), plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m). To the extent that Plaintiff Jane Does Motion #11 sought leave to serve Defendant via alternative means pursuant to N.Y. C.P.L.R. 308(5), it is DENIED because Plaintiff has failed to establish that service pursuant to N.Y. C.P.L.R. 308(1), (2), and (4) are impracticable. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 3/14/2024. (Copy served on Plaintiffs via regular mail) (jdc) |
| Filing 11 MOTION to Serve Defendant Via Email, Mail to PO Box Address, and Attorney filed via MFT on 3/12/2024 by Jane Doe, pro se. Motions referred to Miroslav Lovric. (see) |
| Filing 10 TEXT ORDER: Plaintiffs have filed Motions [2, 5]. See Docket. Plaintiffs have failed to file affidavits of service with each motion indicating that Plaintiffs have served such motions on Defendant. See Docket. Affidavits of service are required pursuant to the rules. No later than 3/22/2024, Plaintiffs shall file affidavits of service demonstrating that Motions [2, 5] have been served on Defendant. Plaintiffs are reminded to follow all the Fed.R.Civ.P. and the N.D.N.Y. Local Rules. Motions [2, 5] will be addressed at the Rule 16 Initial Conference scheduled for 6/13/2024 in Binghamton, New York. Plaintiffs are also reminded to follow the directives set forth in G.O.25 regarding serving summons, complaint, and G.O. 25 on Defendant, and filing an affidavit of service per the deadline set forth in G.O. 25. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 3/11/2024. (Copy served on Plaintiffs via regular mail) (jdc ) |
| Filing 9 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/13/2024 10:00 AM 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 6/6/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Both the General Order 25 and the Issued Summons have been mailed via USPS to the Pro Se Plaintiffs.(egr) |
| Filing 8 Summons Issued as to Jonathan Rees. (egr) |
| Filing 7 TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Signed by U.S. District Judge Mae A. D'Agostino on 3/1/2024. (Copy served via regular mail)(egr) |
Filing 6
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. ORDERED that if plaintiff desires to pursue this action, plaintiff must WITHIN THIRTY (30) DAYS of the filing date of this Order either (1) pay the full $405.00 filing fee for civil actions or (2) submit a completed and signed IFP Application; and that upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review. Signed by U.S. District Judge Mae A. D'Agostino on 3/1/2024. (Copy served upon all named plaintiffs via regular mail on 3/1/2024 along with blank IFP Applications)(see)
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| Filing fee: $ 405.00, receipt number 27CCIADL (egr) |
| Filing 5 Letter Motion from Jane Doe (unsigned), requesting to seal the #2 Memorandum of Law in Support of Motion for Leave for Plaintiffs to Appear Anonymously, received via MFT on 2/27/2024. (Attachments: #1 Redacted Memorandum of Law for public viewing if request is granted)(see) |
| Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. {Mailed to pltfs on 2/26/2024} (see) |
| Filing 3 PRO SE HANDBOOK and NOTICE, Local Rules, and Pro se Handbook mailed to Jane Doe on 2/26/2024. (see) |
| Filing 2 MOTION for Leave to Appear Anonymously filed by Jane Doe, IV, Jane Doe, John Doe, III, and John Doe, II, filed via MFT on 2/24/2024. (Attachments: #1 Declaration, #2 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (see) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Jonathan Rees filed by Jane Doe, Jane Doe, IV, John Doe, III, John Doe, II filed via MFT on 2/24/2024. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(see) |
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