Atkins v. Walmart, Inc.
| Ngcoba Atkins |
| Walmart, Inc. |
| 6:2020cv01218 |
| October 5, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Miroslav Lovric |
| Brenda K Sannes |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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| Filing 5 DECISION AND ORDER: It is hereby ORDERED, that plaintiff's #2 motion to proceed IFP is DENIED AS MOOT based on his payment of the fee in 20-CV-1217. Plaintiff is now responsible for service, and it is ORDERED, that 6:20-CV-1217 is CONSOLIDATED with 6:20-CV-1218 for all further purposes, and a copy of this order shall be filed in both actions. 6:20-CV-1217 will be designated as the lead case, with 6:20-CV-1218 as the member case, and it is ORDERED, that the Clerk shall issue a summons for 20-CV-1218 and forward it, a packet containing General Order 25, which sets forth the Civil Case Management Plan used by the Northern District of New York, the Initial Discovery Protocols for Employment Discrimination Cases Alleging Adverse Action, and a copy of this order to plaintiff for service upon the named defendant, and it is ORDERED, that a response to the complaint be filed by defendant or its counsel as provided for in the Federal Rules of Civil Procedure after service of process on the defendant, and it is further ORDERED, that the Clerk is directed to schedule a Rule 16 conference before me, and it is ORDERED, that all future pleadings, motions and any other documents relating to this action shall bear the number 6:20-CV-1217 (the lead case in the consolidated actions) and shall be filed with the Clerk of the United States District Court, Northern District of New York, 7th Floor, Federal Building, 100 S. Clinton St., Syracuse, New York 13261-7367. Any paper sent by a party to the Court or the Clerk must be accompanied by a certificate showing that a true and correct copy of same was mailed to all opposing parties or their counsel. Any document received by the Clerk or the Court which does not include a proper certificate of service will be stricken by the Court. Plaintiff must comply with any requests by the Clerk's Office for any documents that are necessary to maintain this action. All parties must comply with Local Rule 7.1 of the Northern District of New York in filing motions, which must be returnable before the assigned Magistrate Judge with proper allowance for notice as required by the Rules. Plaintiff is also required to promptly notify the Clerk's Office and all parties or their counsel of any change in plaintiff's address; his failure to do so may result in the dismissal of this action. All motions will be decided on submitted papers without oral argument unless otherwise ordered by the Court, and it is ORDERED, that the Clerk serve a copy of this Order on plaintiff by regular mail. Signed by US Magistrate Judge Andrew T. Baxter on 11/2/2020. {Clerk served upon pro se plaintiff via regular mail}(pjh, ) |
Filing 4
TEXT ORDER REASSIGNING CASE: Plaintiff Ngcoba Atkins has recently filed two actions with the Court, 6:20-CV-2017, which has been assigned to this Court and Magistrate Judge Andrew T. Baxter and 6:20-CV-1218, which has been assigned to District Judge David N. Hurd and Magistrate Judge Miroslav Lovric. The Court has reviewed both cases and determined that they are related and should be assigned to the same Judges. Therefore, the Clerk is directed to directly reassign 6:20-CV-1218 to this Court and Magistrate Judge Baxter. [Case reassigned to Judge Brenda K. Sannes and US Magistrate Judge Andrew T. Baxter for all further proceedings. Judge David N. Hurd, Magistrate Judge Miroslav Lovric no longer assigned to case]. SO ORDERED by Judge Brenda K. Sannes on 10/22/2020. (Copy served on plaintiff via regular mail)(rjb, )
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| Filing 3 PRO SE HANDBOOK and NOTICE issued and explained to Ngcoba Atkins at time complaint was filed. (pjh, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ngcoba Atkins, Pro Se. (Attachments: #1 Proposed Summons as to Walmart, Inc. - Marcy, NY, #2 Proposed Summons as to Walmart, Inc. - Bentonville, AK) Motions referred to Miroslav Lovric. (pjh, ) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Walmart, Inc. filed by Ngcoba Atkins, Pro Se. (Attachments: #1 Civil Cover Sheet)(pjh, ) |
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| Plaintiff: Ngcoba Atkins | |
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| Defendant: Walmart, Inc. | |
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