Jarvois v. Ferrara
Plaintiff: Fritz T. Jarvois
Defendant: Carole Ferrara
Case Number: 1:2018cv03997
Filed: May 3, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Bronx
Presiding Judge: Colleen McMahon
Nature of Suit: Other Civil Rights
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
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Date Filed Document Text
November 9, 2020 Opinion or Order Filing 64 MEMORANDUM OPINION AND ORDER: re: 57 MOTION to Dismiss Plainitff's Amended Complaint. filed by Carole Ferrara, Thomas Libretti. For the reasons stated above, Mr. Jarvois' claims under § 1981 and § 301 of the LMR A as asserted against Ms. Ferrara are dismissed with prejudice. Mr. Jarvois is denied leave to replead these claims. The Court does not opine on whether Mr. Jarvois might have a viable claim against a signatory to the collective bargaining ag reement under this statute. The Court notes that nothing in this opinion prevents him from asserting such claim in the future. Mr. Jarvois' claims as asserted against Mr. Libretti are dismissed without prejudice. Mr. Jarvois' state la w claims are also dismissed without prejudice. The Court requests that counsel for Defendants provide Mr. Jarvois with copies of any unpublished cases cited in this decision pursuant to Local Rule of the United States District Court for the Sout hern and Eastern Districts of New York 7.2. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444 45 (1962). The Clerk of Court is directed to enter judgment for Defendant Carole Ferrara, to close this case, and to send a copy of this opinion to Plaintiff by first class and certified mail. So Ordered. (Signed by Judge Gregory H. Woods on 11/9/2020) (js) Transmission to Orders and Judgments Clerk for processing. Transmission to Pro Se Assistants for processing.
July 2, 2020 Opinion or Order Filing 48 ORDER: On March 5, 2020, the Court wrote that if Plaintiff did not amend his complaint within three weeks, it would construe his submission at Dkt No. 43 to be his amended complaint. Dkt No. 46. That deadline has passed, and Plaintiff has not filed a n amended complaint. So the Court construes Dkt No. 43 as Plaintiff's amended complaint. Plaintiff and Defendants are directed to file letters setting forth their proposals for how to conduct discovery and otherwise litigate this case going forw ard no later than July 13, 2020. If Defendants intend to move to dismiss Plaintiff's amended complaint, they should so state in their letter to the Court. The Court observes that Plaintiff recently filed a document styled as a "motion for a speedy trial." Dkt No. 47. This case is not yet trial-ready, so the Court will not set a trial date at this time. 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 theref ore in forma pauperis 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). The Clerk of Court is directed to mail a copy of this order and Dkt Nos. 35, 37, 42, and 43 to Plaintiff by first-class and certified mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/02/2020) (ama) Transmission to Docket Assistant Clerk for processing.
March 5, 2020 Opinion or Order Filing 46 ORDER: Because Plaintiff is proceeding pro se and was apparently confused by the Court's prior orders, he is again granted leave to file an amended complaint repleading those claims that were dismissed in the Court's August 19, 2019 memora ndum opinion and order no later than 21 days from the date of this order. If Plaintiff chooses not to file any further submissions, the Court will construe his latest submission at Dkt No. 43 as his amended complaint. 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 in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appella nt demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order and Dkt Nos. 35, 37, 42, and 43 to Plaintiff by first-class and certified mail. (Signed by Judge Gregory H. Woods on 3/5/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
October 21, 2019 Opinion or Order Filing 42 ORDER. The Clerk of Court is directed to: (1) reopen this action and vacate the Court's order of judgment, Dkt No. 37; (2) mail a copy of this order to Plaintiff by first class and certified mail; and (3)docket this as a "written opinion " within the meaning of Section 205(a)(5) of the E-Government Act of 2002. 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 in forma pauperis 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. (Signed by Judge Gregory H. Woods on 10/21/19) (yv) Transmission to Docket Assistant Clerk for processing.
August 19, 2019 Opinion or Order Filing 35 MEMORANDUM OPINION AND ORDER re: 22 MOTION to Dismiss filed by Carole Ferrara, Thomas Libretti. For the reasons stated above, Mr. Jarvois' claims as asserted against Libretti are dismissed without prejudice. Mr. Ja rvois' claims under Title VII as asserted against Ferrara are dismissed with prejudice. Mr. Jarvois is denied leave to replead these claims. Mr. Jarvois' claims under the ADEA as asserted against Ferrara are dismissed without prejudic e. Mr. Jarvois is granted leave to replead these claims. Mr. Jarvois' claims under § 1981 as asserted against Ferrara are dismissed without prejudice. Mr. Jarvois is granted leave to replead these claims. Mr. Jarvois' claim under § 301 of the LMRA as asserted against Ferrara is dismissed without prejudice. Mr. Jarvois is granted leave to replead this claim. Mr. Jarvois' constitutional Due Process claim as asserted against Ferrara is dismissed with pr ejudice. Mr. Jarvois is denied leave to replead this claim. Mr. Jarvois' state law claims are dismissed without prejudice. Any amended complaint must be filed no later than 30 days after the date of this order. The Court requests that co unsel for Defendants provide Mr. Jarvois with copies of any unpublished cases cited in this decision pursuant to Local Rule of the United States District Court for the Southern and Eastern Districts of New York 7.2 The Clerk of Court is directed to terminate the motion pending at Dkt. No. 22. (Signed by Judge Gregory H. Woods on 8/19/2019) (mro)
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Plaintiff: Fritz T. Jarvois
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Defendant: Carole Ferrara
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