Jimenez-Rodoli v. District 15 Machinist's Union

Justia Dockets & Filings Second Circuit New York Southern District Jimenez-Rodoli v. District 15 Machinist's Union

Jimenez-Rodoli v. District 15 Machinist's Union

Plaintiff:	Manuel M. Jimenez-Rodoli
Defendant:	District 15 Machinist's Union
Case Number:	1:2010cv08378
Filed:	November 5, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Loretta A. Preska
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1002
Jury Demanded By:	None

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Date Filed	Document Text
September 11, 2013	Filing 46 ORDER for 42 Motion for Miscellaneous Relief filed by Alberto Jimenez, 45 Application for Court to Request Counsel filed by Alberto Jimenez, 43 Report and Recommendations, 28 Motion for Joinder filed by District 15 Machinist's Union. Fo r the foregoing reasons, the Court adopts Judge Fox's Report in its entirety, save that, in its discretion, the Court elects to dismiss the action without prejudice to Alberto's re-filing, should he obtain counsel to represent him. See Lyel l Theatre Corp. v. Loews Corp., 682 F.2d 37, 43 (2d Cir. 1982) ("[T]he sanction of dismissal... may be without prejudice if so specified by the court imposing it."); see also Liang v. Lucky Plaza Restaurant, No. 12 Civ. 5077 (PAC)(GWG), 201 3 WL 3757036 (S.D.N.Y. July 17, 2013) (dismissing action without prejudice pursuant to Rule 41(b)). The Clerk of Court is directed to terminate the motions pending at docket numbers 28, 42, and 45, and to close this case. (Signed by Judge Paul A. Engelmayer on 9/11/2013) (lmb)
March 21, 2013	Filing 33 MEMORANDUM AND ORDER: By an order dated February 7,2013, plaintiff Alberto Jiminez, the voluntary administrator for the estate of Manual M. Jiminez-Rodoli, who is proceeding prose, was directed to submit competent evidence to the Court showing whethe r any creditors or beneficiaries of the estate, other than the voluntary administrator, exist. In response, the plaintiff submitted a sworn statement, Docket Entry No. 32, indicating that he is not the sole beneficiary of the estate. The administrato r of an estate may not proceed pro se when the estate has beneficiaries or creditors other than the administrator. See Guest v. Hansen, 603 F.3d 15, 17 (2d Cir. 2010); Pridgen v. Andresen, 113 F.3d 391,393 (2d Cir. 1997). Therefore, the plaintiff mus t obtain an attorney to represent him in this action and, on or before April 23, 2013, that attorney must file a notice of appearance with the Clerk of Court. Should the plaintiff fail to obtain counsel to represent him in this action timely, it may result in the dismissal of the action. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/21/2013) Copies Mailed By Chambers. (rsh)

Date Filed

Document Text

September 11, 2013

Filing 46 ORDER for 42 Motion for Miscellaneous Relief filed by Alberto Jimenez, 45 Application for Court to Request Counsel filed by Alberto Jimenez, 43 Report and Recommendations, 28 Motion for Joinder filed by District 15 Machinist's Union. Fo r the foregoing reasons, the Court adopts Judge Fox's Report in its entirety, save that, in its discretion, the Court elects to dismiss the action without prejudice to Alberto's re-filing, should he obtain counsel to represent him. See Lyel l Theatre Corp. v. Loews Corp., 682 F.2d 37, 43 (2d Cir. 1982) ("[T]he sanction of dismissal... may be without prejudice if so specified by the court imposing it."); see also Liang v. Lucky Plaza Restaurant, No. 12 Civ. 5077 (PAC)(GWG), 201 3 WL 3757036 (S.D.N.Y. July 17, 2013) (dismissing action without prejudice pursuant to Rule 41(b)). The Clerk of Court is directed to terminate the motions pending at docket numbers 28, 42, and 45, and to close this case. (Signed by Judge Paul A. Engelmayer on 9/11/2013) (lmb)

March 21, 2013

Filing 33 MEMORANDUM AND ORDER: By an order dated February 7,2013, plaintiff Alberto Jiminez, the voluntary administrator for the estate of Manual M. Jiminez-Rodoli, who is proceeding prose, was directed to submit competent evidence to the Court showing whethe r any creditors or beneficiaries of the estate, other than the voluntary administrator, exist. In response, the plaintiff submitted a sworn statement, Docket Entry No. 32, indicating that he is not the sole beneficiary of the estate. The administrato r of an estate may not proceed pro se when the estate has beneficiaries or creditors other than the administrator. See Guest v. Hansen, 603 F.3d 15, 17 (2d Cir. 2010); Pridgen v. Andresen, 113 F.3d 391,393 (2d Cir. 1997). Therefore, the plaintiff mus t obtain an attorney to represent him in this action and, on or before April 23, 2013, that attorney must file a notice of appearance with the Clerk of Court. Should the plaintiff fail to obtain counsel to represent him in this action timely, it may result in the dismissal of the action. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/21/2013) Copies Mailed By Chambers. (rsh)

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