Gomez v. The Gatorade Co., Inc.
| NYPD Officer Santiago Gomez and Santiago Gomez |
| The Gatorade Co., Inc. |
| 7:2018cv06766 |
| July 27, 2018 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 23, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| SUMMONS ISSUED as to The Gatorade Co., Inc.. (sbr) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 8/23/2018 Re: Judge Nelson Stephen Roman #12 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Gatorade Co., Inc.. (sbr) |
FRCP 4 SERVICE PACKAGE MAILED to Santiago Gomez, at Westchester County Jail 10 Woods Road Valhalla, NY 10595, on 8/23/2018 Re: #12 Order of Service, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (sbr)
|
|
Filing 12
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendant Gatorade Co., Inc., through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for this defendant. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon this defendant. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 form with the address for Defendant Gatorade Co., Inc., at: P.O. Box 049003, Chicago, IL, 60604, issue a summons, and deliver all documents necessary to effect service to the U.S. Marshals Service. 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). (Signed by Judge Nelson Stephen Roman on 8/22/2018) (rj)
|
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Colleen McMahon is no longer assigned to the case. (ma) |
| Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) |
| Mailed a copy of #10 Order Granting IFP Application in Prisoner Case, to Santiago Gomez ID No. 173518 Westchester County Jail 10 Woods Road Valhalla, NY 10595 ; Westchester County Jail 10 Woods Rd, Valhalla, NY 10595. (aea) |
|
Filing 10
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 8/9/2018) (sac)
|
| Filing 9 PRISONER AUTHORIZATION. Document filed by Santiago Gomez.(sc) |
| Filing 8 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Santiago Gomez.(sc) |
| Transmission to Docket Assistant Clerk. Transmitted re: #10 Order Granting IFP Application in Prisoner Case, to the Docket Assistant Clerk for case processing. (sac) |
| Mailed a copy of #7 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Santiago Gomez, Westchester County Jail, No. 173518 P.O. Box 10, Valhalla, NY 10595. (vba) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
|
Filing 7
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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). Filing Fee due by 8/31/2018. In Forma Pauperis (IFP) Application due by 8/31/2018. Prisoner Authorization Form due by 8/31/2018. (Signed by Judge Colleen McMahon on 8/1/2018) (Attachments: #1 Supplement Prisoner Authorization Form, #2 Supplement IFP Application)(dol)
|
| Transmission to Docket Assistant Clerk. Transmitted re: #7 Order Directing Payment of Fee or IFP Application & Prisoner Authorization,,,, to the Docket Assistant Clerk for case processing. (dol) |
| Filing 6 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:18-cv-04987. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Filing 5 TRANSFERRED to the Southern District of New York the electronic record. (tt, ) [Transferred from Illinois Northern on 7/27/2018.] |
| Filing 4 MINUTE entry before the Honorable Gary Feinerman:Because all relevant events are alleged to have taken place in Westchester County, New York, and because all non-party witnesses are located there, this case is transferred forthwith to the Southern District of New York pursuant to 28 U.S.C. 1404(a). Civil case transferred.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 7/27/2018.] |
| Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (tt, ) [Transferred from Illinois Northern on 7/27/2018.] |
| Filing 2 CIVIL Cover Sheet (tt, ) [Transferred from Illinois Northern on 7/27/2018.] |
| Filing 1 RECEIVED Complaint and no copies by The Gatorade Co., Inc. (Envelope postmarked 7/16/18) (tt, ) [Transferred from Illinois Northern on 7/27/2018.] |
Access additional case information on PACER
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.
