Chadda v. Badgett et al
| Solanged D Chadda |
| Bill Badgett, Mike Anifantis, Calder Race Track, Nestor Cascallares and Tracey Badgett |
| 1:2014cv03459 |
| May 13, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Kevin Nathaniel Fox |
| Lewis A Kaplan |
| Civil Rights: Other |
| 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights |
| Plaintiff |
Docket Report
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| Filing 45 DOCKET ANNOTATION: Plaintiff's copy of the 1/13/2015 order returned by USPS with the label "Return to Sender, Not Deliverable as Addressed, Unable to Forward."(Mohan, Andrew) |
| Mailed notice of Right to Appeal re: #44 Clerk's Judgment, #43 Order Adopting Report and Recommendations, to Solanged D Chadda 408 S. 47th street Philidelphia, PA 19143. (soh) |
| Filing 44 CLERK'S JUDGMENT: That for the reasons stated in the Court's Order dated January 13, 2015, the objections are overruled and the motion to recuse Magistrate Judge Fox is denied; the motion of defendant Anfantis to dismiss the complaint for lack of subject matter and personal jurisdiction and failure to state a claim on which relief may be granted, is granted on the latter two grounds; Plainiff's deemed motion for leave to amend is denied; treating the recently filed paper as a motion to disqualify Magistrate Judge Fox, that motion too is denied; all other unresolved motions are denied as moot; accordingly, final judgment is hereby entered and the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/15/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt) |
| Transmission to Docket Assistant Clerk. Transmitted re: #44 Clerk's Judgment, to the Docket Assistant Clerk for case processing. (dt) |
Filing 43
ORDER adopting #40 Report and Recommendations, #25 Motion to Strike filed by Mike Anifantis, #8 Motion to Dismiss, Motion to Dismiss/Lack of Jurisdiction filed by Mike Anifantis, #24 Motion to Strike filed by Mike Anifantis, #41 Motion for Recusal filed by Solanged D Chadda, #33 Motion to Strike filed by Solanged D Chadda, #31 Motion to Strike filed by Mike Anifantis, #42 Motion to Strike filed by Solanged D Chadda, #39 Motion to Strike filed by Mike Anifantis, #27 Motion to Strike filed by Solanged D Chadda, #20 Motion to Strike filed by Mike Anifantis. As plaintiff is proceeding pro se, the Court will treat her motion to disqualify Magistrate Judge Fox as an objection to the R&R. Further, it will extend her time within which to file that objection, nunc pro tunc, to and including the date of its receipt by the Court, which was January 12, 2015. Accordingly, it will treat the motion on the merits. That, however, is the limit of the Court's solicitude. As an initial matter, plaintiff was obliged by the order of reference to make any motion to disqualify Magistrate Judge Fox before him. She failed to do so. That in itself is sufficient reason to deny the motion and, treating it as an objection to the R&R, to overrule it. Even if the point were considered on its merits, there is nothing in the plaintiff's papers beyond innuendo (for which there appears to be no basis in fact) to suggest any basis for recusal. To start with the obvious, any legal errors that may have been committed are not a basis for disqualification, Liteky v. United States, 510 U.S. 540 (1994), except to whatever extent the magistrate judge has misconstrued Section 455 and his or her disqualification would have been required under the correct interpretation. But that is not the case here. As for the rest of it, plaintiff has alleged no facts that plausibly suggest that Magistrate Judge Fox had any relationship with any of the defendants, let alone that he was involved in personal and financial affairs with them. The relevance of speaking engagements, if Judge Fox had any, is entirely obscure. And notwithstanding the reference to some email, there is no email in the record. In short, the objections are overruled and the motion to recuse Magistrate Judge Fox is denied. The motion of defendant Anfantis to dismiss the complaint for lack of subject matter and personal jurisdiction and failure to state a claim on which relief may be granted [DI 8] is granted on the latter two grounds. Plaintiff's deemed motion for leave to amend [DI 17] is denied. Treating the recently filed paper [DI 41] as a motion to disqualify Magistrate Judge Fox, that motion too is denied. All other unresolved motions are denied as moot. The Clerk shall enter final judgment and close the case. (Signed by Judge Lewis A. Kaplan on 1/13/2015) (mro) Modified on 1/20/2015 (mro).
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| Transmission to Judgments and Orders Clerk. Transmitted re: #43 Order Adopting Report and Recommendations, to the Judgments and Orders Clerk. (mro) |
| Filing 42 MOTION TO STRIKE THE DEFENDANT'S MOTION. Document filed by Solanged D Chadda.(sc) |
| Filing 41 MOTION TO ASK MAGISTRATE JUDGE FOX TO RECUSE HIMSELF FROM THIS CASE. Document filed by Solanged D Chadda.(sc) |
| Filing 40 REPORT AND RECOMMENDATION re: #25 MOTION to Strike Document No. #22 Plaintiff's Unauthorized Surreply. filed by Mike Anifantis, #8 MOTION to Dismiss for failure to state a claim. MOTION to Dismiss for Lack of Jurisdiction . filed by Mike Anifantis, #24 MOTION to Strike Document No. #21 Plaintiff's Second Amended Complaint. filed by Mike Anifantis, #33 MOTION to Strike Document No. [#8, 20, 24, 25, & 31]. filed by Solanged D Chadda, #31 MOTION to Strike Document No. #30 Plaintiff's Third Amended Complaint. filed by Mike Anifantis, #39 MOTION to Strike Document No. #36 Plaintiff's Fourth Amended Complaint. filed by Mike Anifantis, #27 MOTION to Strike Document No. [8, 24, 25, and 17]. filed by Solanged D Chadda, #20 MOTION to Strike Document No. #17 Plaintiff's Amended Complaint. filed by Mike Anifantis. For the foregoing reasons, I recommend that: (1) the defendants' motion to dismiss the complaint, Docket Entry No. #8 , be granted and the complaint be dismissed in its entirety; (2) the plaintiffs motion for leave to amend the complaint, Docket Entry No. #17 , be denied; and (3) all the remaining motions be denied as moot. Objections to R&R due by 1/5/2015 (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/19/2014) (ajs) |
| Filing 39 MOTION to Strike Document No. #36 Plaintiff's Fourth Amended Complaint. Document filed by Mike Anifantis.(Isicoff, Eric) |
| FRCP 4 Service Package Returned: Package mailed to Solanged D Chadda on 10/24/2014 was returned to the Pro Se Office as undeliverable on 11/12/2014. (vj) |
| Received returned mail re: FRCP 4 Service Package - Mailed,. Mail was addressed to Solanged D. Chadda at 162 West 54th Street, Apt. 5, New York, NY 10019 and was returned for the following reason(s): Attempted-Not Known. (rdz) |
| Filing 34 RESPONSE in Opposition to Motion re: #33 MOTION to Strike Document No. [#8, 20, 24, 25, & 31]. . Document filed by Mike Anifantis. (Isicoff, Eric) |
| Filing 36 (FOURTH) AMENDED COMPLAINT amending #30 Amended Complaint, against Mike Anifantis, Bill Badgett, Tracey Badgett, Calder Race Track, Nestor Cascallares with JURY DEMAND.Document filed by Solanged D Chadda. Related document: #30 Amended Complaint, filed by Solanged D Chadda.(rdz) |
| Filing 33 MOTION TO STRIKE THE MOTIONS OF THE DEFENDANTS; re: to Strike Document Nos. [8, 20, 24, 25, & 31]. Document filed by Solanged D Chadda.(sc) |
| SUMMONS ISSUED as to Mike Anifantis, Bill Badgett, Tracey Badgett, Calder Race Track, Nestor Cascallares. (vj) |
| FRCP 4 (Fee Paid Service Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 10/24/2014. The service package included: an original summons, copies of the summons, copies of the complaint, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj) |
| Filing 31 MOTION to Strike Document No. #30 Plaintiff's Third Amended Complaint. Document filed by Mike Anifantis.(Isicoff, Eric) |
| Filing 28 RESPONSE in Opposition to Motion re: #27 MOTION to Strike Document No. [8, 24, 25, and 17]. . Document filed by Mike Anifantis. (Isicoff, Eric) |
| Filing 30 AMENDED COMPLAINT III; re: amending #21 Amended Complaint, against Mike Anifantis, Bill Badgett, Calder Race Track, Nestor Cascallares, Tracey Badgett with JURY DEMAND.Document filed by Solanged D Chadda. Related document: #21 Amended Complaint, filed by Solanged D Chadda.(sc) |
| Filing 29 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Bill Badgett served on 5/19/2014, answer due 6/9/2014. Service was made by Cert. Mail. Document filed by Solanged D Chadda. (sc) |
| Filing 27 MOTION TO STRIKE THE MOTIONS OF THE DEFENDANTS; re: # 8, 24, 25, and 17. Document filed by Solanged D Chadda.(sc) |
| Filing 26 REPLY to Response to Motion re: #20 MOTION to Strike Document No. #17 Plaintiff's Amended Complaint. . Document filed by Mike Anifantis. (Isicoff, Eric) |
| Filing 25 MOTION to Strike Document No. #22 Plaintiff's Unauthorized Surreply. Document filed by Mike Anifantis.(Isicoff, Eric) |
| Filing 24 MOTION to Strike Document No. #21 Plaintiff's Second Amended Complaint. Document filed by Mike Anifantis.(Isicoff, Eric) |
| Filing 23 (Response)MOTION TO STRIKE THE DEFENDANT'S MOTION REGARDING THE AMENDED COMPLAINT; re: #20 MOTION to Strike Document No. #17 Plaintiff's Amended Complaint. Document filed by Solanged D Chadda. (sc) |
| Filing 22 (Response)MOTION TO STRIKE NO. 2 TO RESPOND TO DEFENDANT'S MOTION; re: #8 MOTION to Dismiss for failure to state a claim. MOTION to Dismiss for Lack of Jurisdiction . Document filed by Solanged D Chadda. (sc) |
| Filing 21 AMENDED COMPLAINT II, re: amending #17 Amended Complaint against Mike Anifantis, Bill Badgett, Calder Race Track, Nestor Cascallares with JURY DEMAND.Document filed by Solanged D Chadda. Related document: #17 Amended Complaint filed by Solanged D Chadda.(sc) |
| Filing 20 MOTION to Strike Document No. #17 Plaintiff's Amended Complaint. Document filed by Mike Anifantis.(Isicoff, Eric) |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss for failure to state a claim. MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Mike Anifantis. (Isicoff, Eric) |
| Filing 18 (Response)MOTION TO STRIKE DEFENDANT'S MOTION TO DISMISS; re: #8 MOTION to Dismiss for failure to state a claim. MOTION to Dismiss for Lack of Jurisdiction . Document filed by Solanged D Chadda. (sc) |
| Filing 17 AMENDED COMPLAINT; re: amending #2 Complaint against Mike Anifantis, Calder Race Track, Nestor Cascallares with JURY DEMAND.Document filed by Solanged D Chadda. Related document: #2 Complaint filed by Solanged D Chadda.(sc) |
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Filing 16
ORDER granting #13 Letter Motion for Extension of Time for the plaintiff to respond to the outstanding motion to dismiss. On or before September 18, 2014, the plaintiff shall serve and file her response to the motion. Any reply shall be served and filed on or before September 25, 2014. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 15 RESPONSE to Motion re: #13 MOTION for Extension of Time. . Document filed by Mike Anifantis. (Isicoff, Eric) |
| Filing 14 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Solanged D Chadda dated 8/14/2014 re: I would like to request an extension for few days of time. Document filed by Solanged D Chadda.(sac) |
| Filing 13 MOTION for Extension of Time to file answer to the motion to dismiss. Document filed by Solanged D Chadda.(sac) |
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Filing 12
ORDER: Accordingly, on or before August 15, 2014, the plaintiff shall serve and file the response to the motion to dismiss referenced above. Any reply shall be served and filed on or before August 22, 2014. Any procedural assistance the plaintiff may need in responding to the motion may be obtained from the Pro Se Office for this judicial district. That office is located at 500 Pearl Street, Room 200, New York, New York 10007. The telephone number for that office is (212) 805-0175. SO ORDERED. ( Responses due by 8/15/2014, Replies due by 8/22/2014.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/01/2014) Copies Mailed By Chambers. (ama)
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Filing 11
ORDER: Defendant Mike Anifantis has made a motion to dismiss the plaintiff's complaint. On or before July 28, 2014, the plaintiff shall serve and file the response to the motion. Any reply shall be served and filed on or before August 4, 2014. Should the plaintiff fail to respond to the motion, the Court will consider the motion unopposed and will proceed accordingly. Any procedural assistance the plaintiff may need in responding to the motion may be obtained from the Pro Se Office for this judicial district. That office is located at 500 Pearl Street, Room 200, New York, New York 10007. The telephone number for that office is (212) 805-0175. SO ORDERED. ( Responses due by 7/28/2014, Replies due by 8/4/2014.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/14/2014) (ama)
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| Filing 10 MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss for failure to state a claim. MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Mike Anifantis. (Isicoff, Eric) |
| Filing 9 DECLARATION of Eric D. Isicoff in Support re: #8 MOTION to Dismiss for failure to state a claim. MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Mike Anifantis. (Attachments: #1 Exhibit A, Summons and Complaint, #2 Exhibit B, Declaration of Mike Anifantis)(Isicoff, Eric) |
| Filing 8 MOTION to Dismiss for failure to state a claim., MOTION to Dismiss for Lack of Jurisdiction . Document filed by Mike Anifantis.(Isicoff, Eric) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Eric D. Isicoff to RE-FILE Document #7 MOTION to Dismiss for failure to state a claim. MOTION to Dismiss for Lack of Jurisdiction . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for failure to state a claim., MOTION to Dismiss for Lack of Jurisdiction . Document filed by Mike Anifantis. (Attachments: #1 Affidavit Declaration of Eric D. Isicoff in Support of Motion to Dismiss, #2 Exhibit A to Declaration, Summons and Complaint, #3 Exhibit B to Declaration, Declaration of Mike Anifantis, #4 Exhibit Memorandum of Law in Support of Motion to Dismiss)(Isicoff, Eric) Modified on 7/10/2014 (db). |
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Filing 6
ORDER granting #5 Motion for Eric D. Isicoff to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 5 AMENDED MOTION for Eric D. Isicoff to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mike Anifantis. (Attachments: #1 Exhibit A, Certificate of Good Standing, #2 Text of Proposed Order)(Isicoff, Eric) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 AMENDED MOTION for Eric D. Isicoff to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Eric D. Isicoff to Appear Pro Hac Vice as counsel for Defendant, Mike Anifantis. Filing fee $ 200.00, receipt number 0208-9830830. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mike Anifantis. (Attachments: #1 Exhibit A, Certificate of Good Standing, #2 Text of Proposed Order)(Isicoff, Eric) Modified on 6/27/2014 (wb). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #4 MOTION for Eric D. Isicoff to Appear Pro Hac Vice as counsel for Defendant, Mike Anifantis. Filing fee $ 200.00, receipt number 0208-9830830. Motion and supporting papers to be reviewed by Clerk's Office staff.>/FONT. Certificate of Good Standing Must be issued from the Supreme Court of Florida with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb) |
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Filing 3
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 (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Lewis A. Kaplan on 5/22/2014) (cd)
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| PRO SE MANUAL: Purchased and Picked up at the Pro Se Counter on 5/13/2014. (rdz) |
| Filing 2 COMPLAINT against Mike Anifantis, Bill Badgett. (Filing Fee $ 350.00, Receipt Number 465401094839)Document filed by Solanged D Chadda.(js) (laq). |
| Filing 1 CIVIL COVER SHEET filed. (js) |
| SUMMONS ISSUED as to Mike Anifantis, Bill Badgett. (js) |
| Case Designated ECF. (js) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (js) |
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