Ruiz v. Keratin Bar
| Angel Ruiz |
| Keratin Bar |
| 1:2017cv02216 |
| March 27, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E. Caproni |
| Employment |
| 42 U.S.C. ยง 12112 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
182
ORDER: For the foregoing reasons, this case is DISMISSED without prejudice for failure to prosecute. The Clerk of Court is respectfully directed to close any open motions and to close the case. The Clerk of Court is further directed to mail a copy of this Order to Plaintiff Angel Ruiz at 1 Metropolitan Oval, Apt. 3E, Bronx, NY 10462, and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/10/2023) (ama)
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Filing
169
ORDER: IT IS HEREBY ORDERED that not later than Friday, July 14, 2023, Mr. Ruiz must submit a letter to the Court explaining whether he is prepared to proceed to trial, whether there are any other grounds for the Court not to dismiss this case for failure to prosecute, or whether he wishes voluntarily to dismiss this case. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Ruiz and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/23/2023) (tg)
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Filing
168
ORDER granting 167 Application for the Court to Request Counsel. IT IS HEREBY ORDERED that Mr. Ruiz's request is GRANTED and the Pro Se Office is respectfully directed to inquire as to the availability of pro bono counsel, preferably with Spanish language skills, to represent Mr. Ruiz. If an attorney volunteers, the attorney will contact Mr. Ruiz directly. If an attorney does not volunteer by Friday, June 16, 2023, the Court will enter an order to show cause why this case should not be dismissed without prejudice for failure to prosecute. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Ruiz and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/24/2023) (vfr) Transmission to Office of Pro Se Litigation for processing.
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Filing
166
ORDER: IT IS HEREBY ORDERED that not later than Wednesday, April 26, 2023, Plaintiff may, if he wishes to proceed to trial, make a request for pro bono counsel by filing the form attached to this Order on the docket through the Pro Se Office. P laintiff is advised that filing a request for pro bono counsel does not guarantee that he will be appointed pro bono counsel. IT IS FURTHER ORDERED that the parties' deadline to submit a letter as set forth in the Court's order at Dkt. 163 is extended sine die pending resolution of any request for pro bono counsel. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/12/2023) (tg)
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Filing
163
ORDER: IT IS HEREBY ORDERED that the status conference scheduled for Friday, April 7, 2023, at 10:00 A.M. is CANCELLED. IT IS FURTHER ORDERED that not later than Tuesday, April 18, 2023, the parties must submit a joint letter to the Court indicati ng whether either side objects to the Court staying this case until Plaintiff notifies the Court that he is prepared to proceed to trial or that he wishes to dismiss the action. IT IS FURTHER ORDERED that the Clerk of Court is respectfully requested to mail a copy of this Order to Plaintiff Angel Ruiz at 1 Metropolitan Oval, Apt. 3E, Bronx, NY 10462, and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/5/2023) (tg)
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Filing
162
ORDER: IT IS HEREBY ORDERED that the parties must appear for an in-person conference on Friday, April 7, 2023 at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. Plaintiff must be prep ared to indicate how he seeks to move forward with the case at the conference. IT IS FURTHER ORDERED that the Clerk of Court is respectfully requested to mail a copy of this Order to Plaintiff Angel Ruiz at 1 Metropolitan Oval, Apt. 3E, Bronx, NY 10462, and to note the mailing on the docket. SO ORDERED. ( Status Conference set for 4/7/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/8/2023) (tg)
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Filing
160
ORDER: IT IS HEREBY ORDERED that Plaintiff's former counsel, Borrelli & Associates, P.L.L.C., must provide to Plaintiff a complete copy of all files it has in its possession relating to Plaintiff's case. Plaintiff may communicate with Borre lli & Associates to discuss the optimal manner in which to transmit the necessary files. Plaintiff may also access previously filed records in this case on PACER, the Court's publicly available online service. IT IS FURTHER ORDERED that Plaintif f's request that the Court recuse itself is DENIED. The Court believes neither that its impartiality might reasonably be questioned northat it has a personal bias or prejudice concerning a party. See 28 U.S.C. § 455(a), (b)(1). Contrary to Plaintiff's assertions, the Court's December 3, 2020 Order granting Plaintiff's counsel's motion to withdraw expressed no judgment on the merits of this case. IT IS FURTHER ORDERED that Plaintiff must refrain from calling chambers . To the extent Plaintiff has a specific request for the Court to consider, Plaintiff must file a letter with the Court clearly making that specific request. The Clerk of Court is respectfully requested to mail a copy of this Order to Plaintiff at: 1 Metropolitan Oval, Apt. 3E, Bronx, New York 10462. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/08/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
158
MEMORANDUM OPINION & ORDER: re: 152 MOTION for Michael J. Borrelli to Withdraw as Attorney and for a Charging Lien filed by Angel Ruiz. For the foregoing reasons, the Court GRANTS Borrelli's motion to withdraw as attorney of record and to af fix a charging lien on any verdict, settlement, judgment, or final order in this case. Plaintiff may proceed pro se, but the Court encourages Plaintiff to seek new counsel to represent him at trial. To the extent Plaintiff continues with this action pro se, Plaintiff is encouraged to register on the Court's electronic filing system (ECF) so that he may more efficiently receive notice of any orders and submit any necessary filings. To the extent Plaintiff does not register on ECF, he must su bmit all filings to the Court's Pro Se Intake Unit. Plaintiff must also keep the Court informed of his current mailing address. Plaintiff may access more information on the Pro Se Intake Unit by calling (212) 805-0175 or accessing the website at : https://nysd.uscourts.gov/prose/role-of-the-prose-intake-unit/contact.The final pretrial conference and trial remain adjourned sine die due to the difficulties of conducting a jury trial given the ongoing COVID-19 pandemic. The parties will be give n at least one month notice of their new trial date. The Court defers ruling on the amount of the lien until such time as the amount to be recovered by Plaintiff, if any, has been finally determined. Borrelli must send a copy of the Court's orde r to Plaintiff at his mailing address and by email. Not later than January 8, 2021, Plaintiff must either (1) retain new counsel and have that counsel file a notice of appearance; (2) register as a user on ECF; or (3) file a letter through the Pro Se Intake Unit that provides his mailing address. The Clerk of Court is respectfully requested to terminate the open motion at Dkt. 152. SO ORDERED., Attorney Michael John Borrelli terminated. (Signed by Judge Valerie E. Caproni on 12/03/2020) (ama)
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Filing
151
ORDER granting in part and denying in part 150 Letter Motion for Extension of Time to File. Per this Court's Individual Rules, requests for extensions must be made at least 48 hours in advance of the original deadline. Plaintiff's counse l was well aware of the October 2, 2020 deadline, and rather than basing its request on an unforeseen circumstance, counsel cites "other work obligations" and notes that the motions have taken longer than expected. Notwithstanding that two weeks should have been sufficient to file these two motions, Plaintiff's counsel has provided no reason to justify its decision to wait until the eleventh hour to file this request. Plaintiff's counsel's motion to withdraw and motion for a lien are due not later than October 5, 2020. Further requests for extension will not be granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/1/20) (yv)
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Filing
146
ORDER: IT IS HEREBY ORDERED that, should Plaintiff's counsel decide to withdraw as counsel for Plaintiff, Plaintiff's counsel's motion to be relieved and any motion for a lien are due no later than October 2, 2020. Plaintiff's counsel must serve a copy of any motions on Plaintiff and file an affidavit of service on the docket. Plaintiff may file a response in opposition to Plaintiff's motion(s) no later than October 23, 2020. Plaintiff's counsel may reply no later than October 30, 2020. IT IS FURTHER ORDERED that Plaintiff's counsel must provide the Court with Plaintiff's personal email address. SO ORDERED. (Motions due by 10/2/2020., Responses due by 10/23/2020, Replies due by 10/30/2020.) (Signed by Judge Valerie E. Caproni on 9/18/2020) (jca)
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Filing
144
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on July 14, 2020, at 2:30 p.m. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter acces s code 4862532. The parties are also directed to review and comply with the undersigned's Procedures Applicable to Cases Referred for Settlement, which may be found on the Court's website. As set forth in the procedures, no later than 3 day s before the conference, the parties must provide Judge Fox: (1) a pre-conference letter; and (2) a completed attendance form, except that these submissions shall be made via e-mail to: laura_midwood@nysd.uscourts.gov. Additionally, at least sev en days prior to the settlement conference, the parties must confer to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the conference date, they must notify the undersigned, in writing, expeditiously. SO ORDERED., ( Settlement Conference set for 7/14/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox., Telephone Conference set for 7/14/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/24/2020) (ama)
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Filing
139
ORDER: granting 138 Letter Motion to Adjourn Conference. IT IS HEREBY ORDERED THAT: In light of the COVID-19 pandemic, the trial and final pretrial conference are adjourned sine die. When jury trials become feasible again, the parties will be give n at least one month notice of their new trial date. No later than May 18, 2020, the parties must meet and confer and inform the Court whether they wish to waive a jury trial and proceed with a bench trial. If the parties wish to proceed with a bench trial, although the Court cannot yet set a date for the trial, the parties will receive at least one month notice of any such trial date (which is likely to be sooner than the date on which a jury trial can be held). In the same letter, the parties must also inform the Court whether they would like a referral to the Magistrate Judge for a settlement conference. If there is a disagreement between the parties on either issue, inform the Court only that there is no joint agreement; do not inform the Court which party takes which position. The Clerk of Court is directed to close the open motion on docket 138. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/12/2020) (ama)
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Filing
135
ORDER: WHEREAS a jury trial is scheduled to begin on May 18, 2020; WHEREAS all jury trials in the Southern District of New York scheduled to begin before June 1, 2020, have been continued as a result of the current public health crisis, see In re: Coronovirus/COVID-19 Pandemic, M-10-468 (S.D.N.Y. March 27, 2020); IT IS HEREBY ORDERED that the parties must submit a letter no later than April 24, 2020, proposing three mutually-agreeable trial dates after September 1, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/5/2020) (js)
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Filing
132
ORDER: IT IS HEREBY ORDERED that the jury trial is ADJOURNED to May 18, 2020, at 10:00 a.m. The final pretrial conference is ADJOURNED to May 14, 2020, at 2:30 p.m. SO ORDERED., ( Final Pretrial Conference set for 5/14/2020 at 02:30 PM before Judge Valerie E. Caproni., Jury Trial set for 5/18/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/25/2020) (ama)
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Filing
131
ORDER: IT IS HEREBY ORDERED that the jury trial is ADJOURNED to April 13, 2020. Jury selection will begin at 10:00 a.m. The final pretrial conference scheduled for March 23, 2020, is ADJOURNED to April 9, 2020, at 2:30 p.m. SO ORDERED., ( Final Pretrial Conference set for 4/9/2020 at 02:30 PM before Judge Valerie E. Caproni., Jury Trial set for 4/13/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/05/2020) (ama)
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Filing
123
ORDER: granting 122 Letter Motion for Extension of Time to File. Application GRANTED. Trial is adjourned to March 31, 2020, at 10:00 a.m. The FPTC is adjourned to March 23, 2020, at 2:00 p.m. The Parties' JPTO is due no later than February 25, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/06/2020) (ama)
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Filing
121
ORDER granting 120 Letter Motion for Extension of Time to File. Application GRANTED. The parties' joint pretrial submissions are due no later than February 10, 2020. (Signed by Judge Valerie E. Caproni on 1/31/2020) (mro)
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