Boyer v. Lansing et al
| Donald Boyer |
| Chairman Viacom Head Somner Redstone, Chief Dennis Swanson, Paramount Domestic TV Films Pictures, Sherry Lansing and Jonathan Dolgen |
| CEO Patrick Austin, President Dean Valentine, NBC 4 Studios Inc., Bill Baker, Michael Lyne, Tribune Entertainment, Chairman Dick Cook, Robert Shaye, Mel Karmazin, Time Warner, Michael Eisner, CEO John K. Billock, The Walt Disney Company, King World Inc., President CEO Susan Lyne, CEO Jaime Kellner, CEO of Marvel Peter Cuned, Jeff Blake, CH Rupert Murdoch, Amy Pascal, Richard Parsons, Roger King, CH David Grant Hill, CEO Stephen Appel, USA Networks, CEO Stacy Snider, Sony Pictures Entertainment, Chris Albrect, CEO Bruce Rosenblum, CEO Daniel Brewster, Vice Chairman Roy Disney, Channel 31, Chairman Michael D. Eisner, Ted Turner, CH Dandy Grushow, President Jeff Zucker, Marvel Enterprises, President Tom Nunan, CEO Les Mooves, CEO Dick Askin, New Line Cinema, Inc., Vivendi Universal Entertainment, J. Stuart, COO Robert Iger, UPN 9 WPIX, Inc., ABC 7 Inc., Fox 5 Entertainment, WPIX 11 Inc., CEO of Channel 31, Chairman CEO John Caller, Chairman CEO Robert C. Wright, Channel 13 Inc., CEO Mchell Stern, CBS Entertainment, President Milan Chilla, CEO John Madigan, HBO Films and COO Adam Ware |
| 1:2004cv02137 |
| March 18, 2004 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Frank Maas |
| Jed S Rakoff |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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| Filing 20 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated March 29, 2005, the report is adopted and the complaints are dismissed with prejudice. (Signed by J. Michael McMahon, clerk on 4/13/05) Filed In Associated Cases: 1:04-cv-02137-JSR-FM,1:04-cv-02138-JSR-FM,1:04-cv-02139-JSR-FM,1:04-cv-02140-JSR-FM, 1:04-cv-02141-JSR-FM,1:04-cv-02142-JSR-FM,1:04-cv-02143-JSR-FM,1:04-cv-02144-JSR-FM, 1:04-cv-02145-JSR-FM,1:04-cv-02146-JSR-FM,1:04-cv-02147-JSR-FM,1:04-cv-02148-JSR-FM, 1:04-cv-02149-JSR-FM,1:04-cv-02150-JSR-FM,1:04-cv-02151-JSR-FM,1:04-cv-02152-JSR-FM, 1:04-cv-02153-JSR-FM,1:04-cv-02154-JSR-FM,1:04-cv-02155-JSR-FM(ml, ) |
Filing 19
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations,. Accordingly, the Court hereby adopts the Report and Recommendation, and, for the reasons therein, dismisses the complaint with prejudice. Clerk to enter judgment (Signed by Judge Jed S. Rakoff on 3/29/05) Filed In Associated Cases: 1:04-cv-02137-JSR-FM,1:04-cv-02138-JSR-FM,1:04-cv-02139-JSR-FM,1:04-cv-02140-JSR-FM, 1:04-cv-02141-JSR-FM,1:04-cv-02142-JSR-FM,1:04-cv-02143-JSR-FM,1:04-cv-02144-JSR-FM, 1:04-cv-02145-JSR-FM,1:04-cv-02146-JSR-FM,1:04-cv-02147-JSR-FM,1:04-cv-02148-JSR-FM, 1:04-cv-02149-JSR-FM,1:04-cv-02150-JSR-FM,1:04-cv-02151-JSR-FM,1:04-cv-02152-JSR-FM, 1:04-cv-02153-JSR-FM,1:04-cv-02154-JSR-FM,1:04-cv-02155-JSR-FM(yv, )
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| Transmission to Judgments and Orders Clerk. Transmitted re: 19 Order Adopting Report and Recommendations, to the Judgments and Orders Clerk for preparation of Judgment. (yv, ) |
| Filing 18 REPORT AND RECOMMENDATIONS; I therefore recommend that Boyer's claims in each of the 19 actions be dismissed with prejudice. I further recommend that Boyer be denied a certificate of appealability because any appeal from the dismissal of his claims would not be taken in good faith. The Complaints in Boyer's suits against the Moving Defendants (Channel 13, Channel 31, Sony, ABC and Walt Disney) should be dismissed with prejudice for failure to state a claim upon which relief may be granted. In addition, for the same reason, Boyer's claims against the remaining defendants should be dismissed with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). Finally, Boyer should be denied a certificate of appealability because any appeal from the dismissal of his claims would not be taken in good faith. Objections to R&R due by 3/25/2005 (Signed by Judge Frank Maas on 3/9/05) Filed In Associated Cases: 1:04-cv-02137-JSR-FM,1:04-cv-02138-JSR-FM,1:04-cv-02139-JSR-FM,1:04-cv-02140-JSR-FM, 1:04-cv-02141-JSR-FM,1:04-cv-02142-JSR-FM,1:04-cv-02143-JSR-FM,1:04-cv-02144-JSR-FM, 1:04-cv-02145-JSR-FM,1:04-cv-02146-JSR-FM,1:04-cv-02147-JSR-FM,1:04-cv-02148-JSR-FM, 1:04-cv-02149-JSR-FM,1:04-cv-02150-JSR-FM,1:04-cv-02151-JSR-FM,1:04-cv-02152-JSR-FM, 1:04-cv-02153-JSR-FM,1:04-cv-02154-JSR-FM,1:04-cv-02155-JSR-FM (sac, ) |
| Filing 17 PRO SE MEMORANDUM dated March 4, 2005 re: CHANGE OF ADDRESS for Donald Boyer. New Address: 149095, Union County Jail, 15 Elizabeth Town Plaza, Elizabeth, New Jersey, 07207. (ll, ) |
| Filing 16 REPLY MEMORANDUM OF LAW in Support of Defendants' Motion to Dismiss. Document filed by Sherry Lansing, et al. Received in the night deposit box on 8/26/04 at 6:56 P.M.(sac, ) |
| Filing 15 AMENDED ANSWER to 5 Amended Complaint. Document filed by Paramount Domestic TV Films Pictures. (sac, ) |
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Filing 14
ORDER, that any courtesy copies of pleadings, Rule 7.1 statements, or motions papers should be sent to my Chambers, not to Judge Rakoff. (Signed by Judge Frank Maas on 8/19/04) (cd, )
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| Filing 13 ANSWER to Amended Complaint. Document filed by Paramount Domestic TV Films Pictures. Related document: 5 Amended Complaint filed by Donald Boyer.(jco, ) |
| Filing 12 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Paramount Domestic TV Films Pictures.(jco, ) |
| Filing 11 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Paramount Domestic TV Films Pictures served on 7/16/2004, answer due 8/5/2004. Service was accepted by Hakeem Jeffries. Document filed by Donald Boyer. (dle, ) |
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Filing 10
ORDER; denying 9 Motion to Appoint Counsel . (Signed by Judge Frank Maas on 6/23/0-4) (pl, )
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| Filing 9 MOTION (FILED ON SERVICE DATE) to Appoint Counsel. Document filed by Donald Boyer. (dle, ) |
| MEMORANDUM TO THE DOCKET CLERK: that a Summons and Complaint was issued on 5/28/04. (tp, ) |
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Filing 8
CONSOLIDATION ORDER; On March 18, 2004, Chief Judge Mukasey issued an order which consolidated the above actions filed by plaintiff Donald Boyer solely for the purpose of directing that the plaintiff submit amended complaints stating Title VII claims. After the plaintiff purportedly did so on April 23, 2004, the actions ( 04 CV 2139, 2141, 2143, 2145, 2147, 2149, 2151, 2153, 2155, 2138, 2140, 2142, 2144, 2146, 2148, 2150, 2152, 2154) were assigned to Judge Rakoff, who referred them to me for General Pretrial purposes on May 6, 2004. Inasmuch as Judge Mukasey evidently concluded that the amended complaints complied with his order, I hereby direct that these nineteen actions be consolidated for pretrial purposes under Docket Number 04 cv 2137. (Signed by Judge Frank Maas on 5/26/04) (djc, )
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial and Dispositive motion. Referred to Magistrate Judge Frank Maas. (Signed by Judge Jed S. Rakoff on 5/6/04) (pa, )
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| Mailed notice to the attorney(s) of record. (gf, ) |
| Filing 6 NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Michael B. Mukasey no longer assigned to the case. (gf, ) |
| Filing 5 AMENDED COMPLAINT amending 2 Complaint against Paramount Domestic TV Films Pictures.Document filed by Donald Boyer. Related document: 2 Complaint filed by Donald Boyer.(sac, ) |
| Set Answer Due Date re: 5 Amended Complaint as to Paramount Domestic TV Films Pictures answer due on 5/3/2004. (sac, ) |
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Filing 4
60 DAYS ORDER (Consolidating cases 04 civ 2137 (MBM) (as Lead Case) with 04 civ 2138 (MBM) through 04 civ 2155 (MBM) for all purposes.) I grant plaintiff's request to proceed in forma pauperis, consolidate these nineteen actions solely for the purpose of this Order, and direct the Clerk of Court to assign a docket number to each complaint. I further direct plaintiff to submit nineteen amended complaints, each bearing the docket number assigned to the particular complaint, within 60 days of the instant order as detailed further in the Order. The plaintiff is hereby directed to file an amended complaint for each of the nineteen cases...it must be submitted to this Court's Pro Se Office within 60 days of the date of this order...No summons shall be issued at this time and all further proceedings shall be stayed for sixty days or until plaintiff has complied with this order. If plaintiff fails...the complaints will be dismissed. Once submitted, the amended complaints shall be reviewed for compliance with this order and substantive sufficiency and then, if proper, the case shall be reassigned to a district judge in accordance with the procedures of the Clerk's Office. We certify pursuant to 28 U.S.C. 1915(a)(3)that any appeal from this order would not be taken in good faith. (Signed by Judge Michael B. Mukasey on 3/18/04) (jjm, )
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| Filing 3 NOTICE of Motion. Document filed by Donald Boyer. (jjm, ) |
| Filing 2 COMPLAINT against Jonathan Dolgen, Sherry Lansing, Paramount Domestic TV Films Pictures, Somner Redstone, Dennis Swanson. Document filed by Donald Boyer.(jjm, ) |
| Filing 1 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Donald Boyer.(jjm, ) |
| SUMMONS ISSUED as to Jonathan Dolgen, Sherry Lansing, Paramount Domestic TV Films Pictures, Somner Redstone, Dennis Swanson. (jjm, ) |
| Magistrate Judge Frank Maas is so designated. (jjm, ) |
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