Jackson v. Phoenix Transportation Service
| Walter Jackson |
| Phoenix Transportation Service, Elida Wulezyn and Marlaina Koller |
| 1:2018cv03185 |
| April 11, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Unassigned |
| Employment |
| 42 U.S.C. ยง 2000 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
70
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: The Clerk shall enter judgment in favor of Plaintiff against Phoenix Transportation Services as follows: (1) $15,000 in back pay, plus pre-judgment interest at the average rate of return on one-year Treasury bills from February 28, 2018, to the date of judgment, compounded annually; (2) $10,000 for emotional distress; and (3) post-judgment interest on the entire judgment calculated in accordance with 28 U.S.C. § 1961. Pla intiff shall advise by letter, no later than March 16, 2022, as to how he proposes to proceed against Defendant Wulezyn, if at all, and as to the status of the bankruptcy of Defendant Koller, including whether his claims were made and adjudicated in the Bankruptcy Court. Phoenix Transportation Service terminated. (Signed by Judge Cathy Seibel on 3/4/2022) (tg) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing
62
RESCHEDULING ORDER FOR A DAMAGES INQUEST: The evidentiary hearing scheduled for Thursday, January 6, 2022 at 10:00 a.m. is hereby rescheduled to Thursday, February 3, 2022 at 11:00 a.m. in Courtroom 250 at the Honorable Charles L. Brieant Jr. Fe deral Building and Courthouse, 300 Quarropas Street, White Plains, New York 10601. As further set forth in this Order. Plaintiff must then file proof of such service on the docket. The Clerk of the Court is directed to mail a copy of this order t o the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 12/29/2021) ( Evidentiary Hearing set for 2/3/2022 at 11:00 AM in Courtroom 250, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Andrew E. Krause.) (ks) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
56
ORDER: Accordingly, on or before March 3, 2021, Plaintiff is ordered to serve copies of (1) the Court's January 11 order (ECF No. 51), (2) his Proposed Finding of Fact & Conclusion of Law and pay stubs and checks attached thereto (ECF No. 52), (3) the Court's February 9 order (ECF No. 53), (4) his Declaration (ECF No. 54), (5) his Supplemental Proposed Findings of Fact and Conclusions of Law (ECF No. 55), and (6) this Order, upon Defendant Phoenix Transportation Service by mail at th e following addresses; as set forth herein. Plaintiff must then file proof of such service on the docket. In light of the foregoing, the Court hereby extends the time for Defendant Phoenix Transportation Service to serve and file its response, if any, to Plaintiff's inquest submissions, ECF Nos. 52, 54, and 55, to March 31, 2021., (Responses due by 3/31/2021, Service due by 3/3/2021.) (Signed by Magistrate Judge Andrew E. Krause on 2/24/2021) (nb)
|
|
Filing
53
ORDER: Accordingly, by no later than February 23, 2021, Plaintiff is ordered to take the following additional actions: (1) Plaintiff must file a Declaration, which shall be signed and sworn under penalties of perjury and provide Plaintiff's wr itten testimony regarding the basis for the damages he seeks; (2) Plaintiff must re-file pages 14, 15, and 16 of ECF No. 52 in a legible form, or else such documents will not be considered by the Court in deciding the amount of damages to which Plai ntiff is entitled; (3) Plaintiff must file a letter explaining to the Court who or what Silerman & Associates/Gary S. Smith are and why he served his papers upon them; and (4) Plaintiff must serve copies of (i) the Court's January 11, 2021 orde r (ECF No. 51), (ii) his Proposed Finding of Fact & Conclusion of Law and pay stubs and checks attached thereto (ECF No. 52), (iii) this Order, (iv) his Declaration, and (v) pages 14, 15, and 16 of ECF No. 52 in a legible form upon Defendant Phoeni x Transportation Service by mail at its last known address, and (vi) file proof of service on the docket. In light of the foregoing, the Court hereby extends the time for Defendant Phoenix Transportation Service to serve and file its response, if any, to Plaintiff's Proposed Finding of Fact & Conclusion of Law to no later than March 23, 2021. (Signed by Magistrate Judge Andrew E. Krause on 2/9/2021) (nb)
|
|
Filing
51
ORDER: As discussed during the January 11, 2021 conference, by no later than February 10, 2021, Plaintiff shall file his submission concerning all damages he seeks pursuant to the default judgment entered against Defendant Phoenix Transportation S ervice (see ECF No. 48). Plaintiff's submission shall include (1) a document titled Proposed Findings of Fact and Conclusions of Law, comprised of a list of numbered paragraphs, each of which shall include a short statement regarding each elem ent of damages sought by Plaintiff with respect to his claims and why Plaintiff is entitled to said element of damages; and (2) a Declaration, which shall be signed and sworn under penalties of perjury and shall provide Plaintiff's written tes timony regarding the basis for the damages he seeks, and which shall attach any documents supporting those damages (for example, pay stubs). Each Proposed Finding of Fact shall be followed by a citation to the paragraphs of the Declaration and/or p ages of documentary evidence that support such proposed finding. Prior to filing the Proposed Findings of Fact and Conclusions of Law and the Declaration with the Court, Plaintiff shall serve copies of these documents on Defendant Phoenix Transpor tation Service by mail at its last known address. Plaintiff shall file proof of service along with the Proposed Findings of Fact and Conclusions of Law and his Declaration. By no later than March 10, 2021, Defendant Phoenix Transportation Service shall file its response, if any, to Plaintiff's Proposed Findings of Fact and Conclusions of Law. Plaintiff is hereby directed to serve Defendant Phoenix Transportation Service with a copy of this Order by mail at its last known address, and file proof of service on the docket. (Signed by Magistrate Judge Andrew E. Krause on 1/11/2021) (nb)
|
|
Filing
48
ORDER REGARDING DEFAULT JUDGMENT: It is ORDERED, that default judgment as to liability be entered against Defendant Phoenix Transportation Service; and it is further ORDERED, that the Clerk of Court is respectfully directed to redesignate the magistrate judge in the instant case; and it is further ORDERED, that this matter is referred to said magistrate judge for an inquest as to damages. SO ORDERED. (Signed by Judge Cathy Seibel on 11/30/2020) (jca)
|
|
Filing
42
ORDER: Pursuant to my Emergency Individual Rules and Practices in Light of COVID-19, last revised September 1, 2020, all parties to civil conferences shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 1047966, as further set forth in this order. (Signed by Judge Cathy Seibel on 10/5/2020) (jwh)
|
|
Filing
24
ORDER: As Defendants' time to answer has long since passed, the Court directs Plaintiff to either (1) make an application for a default judgment against Defendant Phoenix Transportation System and Defendant Wulezyn by March 19, 2020, or (2) vo luntarily discontinue this action by the same date. Failure to do one or the other may result in dismissal without prejudice under Federal Rule of Civil Procedure 41 for failure to prosecute, without further notice. If Plaintiff chooses to seek a def ault judgment, he is to follow the procedures outlined in Attachment A of my Individual Practices1 and is encouraged to ask the New York Legal Assistance Group ("NYLAG") clinic for assistance. The Court certifies under 28 U.S.C. § 1915 (a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Motions due by 3/19/2020.) (Signed by Judge Cathy Seibel on 2/18/2020) (mml)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
