Xu v. The City of New York et al
Plaintiff: Yan Ping Xu
Defendant: The City of New York
Case Number: 1:2008cv11339
Filed: December 30, 2008
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Putnam
Presiding Judge: Denise L. Cote
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. ยง 1331 cv Fed. Question: Other Civil Rights
Jury Demanded By: Plaintiff
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Date Filed Document Text
September 21, 2022 Opinion or Order Filing 308 ORDER re: 307 Letter filed by Yan Ping Xu. In order to appeal the Court's final judgment to the Second Circuit, Plaintiff must pay a fee of $505. 28 U.S.C. § 1913; see also https://www.ca2.uscourts.gov/clerk/case_filin /fee_sche dule.html. Plaintiff submitted the appeal fee, but her payment by personal check is not an acceptable form of payment. Accordingly, within thirty days of the date of this order, Plaintiff must pay the appeal fee of $505 by certified check or mon ey order payable to: Clerk of Court - SDNY. Payment can be mailed to: Cashiers Unit - Room 260, 500 Pearl Street, New York, NY 10007. Any certified check or money order must include Plaintiff's case number. Payment can also be made by major cred it card or cash, if the payment is made in person. Personal checks are not accepted. The Cashiers Unit is directed to return the $505 personal check to Plaintiff at the address indicated on Plaintiff's most recent letter to the Court, ECF No. 307. SO ORDERED. (Signed by Judge Analisa Torres on 9/21/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
May 13, 2022 Opinion or Order Filing 303 ORDER denying 298 Motion for Reconsideration re 298 FIRST MOTION for Reconsideration re; 297 Order Adopting Report and Recommendations, . filed by Yan Ping Xu, 299 FIRST MOTION for Reconsideration re; 297 Order Adopt ing Report and Recommendations, . filed by Yan Ping Xu ; denying 299 Motion for Reconsideration re 298 FIRST MOTION for Reconsideration re; 297 Order Adopting Report and Recommendations, . filed by Yan Ping Xu, 299 FIRST MOTION for Reconsideration re; 297 Order Adopting Report and Recommendations, . filed by Yan Ping Xu. Plaintiff's motion for reconsideration is DENIED. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 298 and 299. SO ORDERED. (Signed by Judge Analisa Torres on 5/13/22) (yv)
March 31, 2021 Opinion or Order Filing 297 ORDER for 277 Report and Recommendations, 262 Motion for Summary Judgment filed by The City of New York, Brenda M. McIntyre, 259 Motion for Summary Judgment filed by The City of New York, Brenda M. McIntyre. The Court has reviewed the remainder of the R&R for clear error. (To the extent not discussed above, the Court finds no clear error in the unchallenged portions of the R&R.) For the reasons stated above, the Court ADOPTS the R&R in its entirety. The Clerk of Court is directed to terminate the motions at ECF Nos. 259 and 262 and to close the case. The Clerk of Court is further directed to mail a copy of this order to Plaintiff pro se. SO ORDERED. (Signed by Judge Analisa Torres on 3/31/2021) (kv) Transmission to Docket Assistant Clerk for processing.
January 28, 2021 Opinion or Order Filing 288 ORDER re: 287 Letter filed by Yan Ping Xu. Plaintiff's request at ECF No. 287 is GRANTED. The Clerk of Court is directed to mail a copy of this order to Plaintiff pro se. SO ORDERED. (Signed by Judge Analisa Torres on 1/28/2021) (kv) Transmission to Docket Assistant Clerk for processing.
January 15, 2021 Opinion or Order Filing 285 ORDER. The Court is in receipt of Plaintiff's letter stating that she did not receive a copy of the Report and Recommendation ("R&R") dated December 22, 2020 (Dkt. 277). The ECF docket reflects that the R&R was mailed to Plaintiff on D ecember 28, 2020, to her address of record. Plaintiff's letter asks for the R&R to be sent to an address that is different from her address as record. If Plaintiff's address has changed, she must file a notice of change of address on the do cket. In the meantime, the Court has sent her a copy of the R&R to the address set forth in her recent letter. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/15/2021) Copies transmitted this date to all counsel of record and mailed to: Yan Ping Xu, 12 Mallar Ave., Bay Shore, NY 11706. (rjm)
June 30, 2020 Opinion or Order Filing 275 ORDER granting 273 Letter Motion to Seal. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/30/2020) (mml)
June 11, 2020 Opinion or Order Filing 270 ORDER granting in part 267 LETTER MOTION to Seal attachment 4 of docket number 260. GRANTED in part. The request to file the unredacted transcript of Plaintiffs deposition is justified by Rule 21.4 of the SDNY ECF Rules and Instructions to pro tect Plaintiffs personal information, and therefore GRANTED Attachment "4" of ECF No. 260 is, however, a copy of Plaintiff's complaint, see ECF No. 260-4, and Plaintiff s deposition transcript is instead found at ECF No. 260-6. A ccordingly, the Clerk of Court is directed to change the access of ECF No. 260-4 to permit public viewing, and to limit the access of ECF No. 260-6 to the parties only. Chambers will mail a copy of this order to Plaintiff pro se. SO ORDERED.. (Signed by Judge Analisa Torres on 6/10/2020) (jca)
June 10, 2020 Opinion or Order Filing 269 ORDER: overruled 253 Motion for Reconsideration. Accordingly, Plaintiff's objections are OVERRULED. The January 13 Order is AFFIRMED. Chambers will mail a copy of this order to Plaintiff pro se. SO ORDERED. (Signed by Judge Analisa Torres on 6/10/2020) (ama)
January 13, 2020 Opinion or Order Filing 250 ORDER denying 248 Motion for Sanctions. Plaintiff's motion for spoliation sanctions (Dkt. 248) is denied for substantially the reasons as set forth in Defendants' response (Dkt. 249). (Signed by Magistrate Judge Robert W. Lehrburger on 1/13/2020) Copies transmitted this date to all counsel of record and mailed. (mro)
December 4, 2019 Opinion or Order Filing 247 ORDER: The schedule for Defendants' anticipated motion for summary judgment shall be as follows: Defendant to serve motion papers: January 24, 2020. Plaintiff's to serve opposition papers: March 15, 2020. Defendant's reply if any: April 1, 2020. The parties shall not file any of the motion papers until April 1, 2020. On that day, Defendant, as moving party, shall file the full set of motion papers. ( Motions due by 4/1/2020., Responses due by 4/1/2020, Replies due by 4/1/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 12/4/2019) Copies Mailed by Chambers. (mro) Modified on 12/4/2019 (mro).
November 26, 2019 Opinion or Order Filing 243 ORDER: Accordingly, there is no basis for scheduling a motion for sanctions. That said, no later than December 10, 2019, Plaintiff may submit a letter of no more than three pages (exhibits will not count against the three pages) identifying any spe cific evidence or grounds supporting Plaintiff's claim that the initial evaluation ever existed in any form and was subject to spoliation. Defendant shall file a response of no more than three pages, if any, by December 17, 2019. The Court will then determine if there are grounds for Plaintiff to move for sanctions. Also of relevance to the issue, at the Conference, defense counsel offered, and the Court directed the defense, to obtain a supplemental affidavit regarding the availability an d accessibility of backup computer data as it may relate to any relevant evaluation. (Tr. at 11-12.) The affidavit was to be provided by October 15, 2019. By December 3, 2019, Defendants shall file a letter confirming that they provided Plaintiff wi th the supplemental affidavit. 2. Plaintiff asks this court to enforce the decision of a New York State appellate decision, Xu v. New York City Department of Health and Mental Hygiene, 121 A.D. 3d 559 (N.Y. 1st Dep't 2014). This Court has no pow er to exercise jurisdiction over the state court's decision; if Plaintiff believes that Defendants have not complied with that decision, Plaintiff may consider appropriate action in state court (e.g., motion for contempt). This Court also does n ot have jurisdiction over the state administrative action. Plaintiff refers to but misapprehends the Court's April 9, 2019 Order (Dkt. 206). That Order merely directed the parties to submit a report providing the status of Plaintiff's state court action and administrative hearings. The Order did not direct that any action or administrative hearings take place. Accordingly, Plaintiff's request for this Court to exercise supplemental jurisdiction is denied. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/26/2019) Copies transmitted this date to all counsel of record and mailed. (mml)
December 1, 2010 Opinion or Order Filing 51 OPINION AND ORDER re: 41 MOTION for Reconsideration, filed by Yan Ping Xu, 49 MOTION to Stay, filed by Yan Ping Xu. Xu's 8/13 motion for reconsideration is granted only to the extent that Xu is not barred from bringing a claim pursuant to 7 5-b against the Federal Defendants. The Federal Action in its entirety, including claims against the Municipal Defendants, is stayed pending the resolution of Xu's appeal of the Plenary Action and the conclusion of the reinstated Article 78 proceeding. (Signed by Judge Denise L. Cote on 12/1/10) (cd)
August 3, 2010 Opinion or Order Filing 39 OPINION AND ORDER. The Federal Defendants' March 8 motion for judgment on the pleadings is granted. (Signed by Judge Denise L. Cote on 8/2/10) Copies Sent By Chambers. (rjm)
July 16, 2009 Opinion or Order Filing 22 ORDER: It is hereby ordered that the defendants' request that their time to respond to plaintiff's third amended complaint be extended from July 16, 2009 to August 21, 2009 is granted. (Signed by Judge Denise L. Cote on 7/16/2009) Copies Mailed By Chambers.(jpo)
June 9, 2009 Opinion or Order Filing 17 ORDER: For the reasons stated on the record at the June 5 conference with the Court, it is hereby ORDERED that the plaintiff's June 5 motion to review her personnel file is mooted by the parties' agreement at the June 5 conference that the defendant will produce the plaintiff's personnel file by July 10. (Signed by Judge Denise L. Cote on 6/9/2009) Copies Mailed By Chambers.(jpo)
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