Collins v. NEXUS Global et al
| jennifer Collins |
| Giving Back Fund, Inc. and NEXUS Global |
| 1:2018cv08812 |
| September 26, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Civil Rights: Other |
| 29 U.S.C. § 701 |
| Plaintiff |
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This docket was last retrieved on August 7, 2019. A more recent docket listing may be available from PACER.
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| Filing 29 CLERK'S JUDGMENT re: #28 Order on Motion to Dismiss, Order on Motion to Substitute Party in favor of Giving Back Fund, Inc., NEXUS Global against Jennifer Collins. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated August 6, 2019, the only plausible inference that can be drawn from the allegations of the pleading and the affidavit and its exhibits is that Collins was dropped from the NEXUS Summit because Lindstrom told NEXUS officials that she represented a risk. Collins cannot make a federal case out of her rejection. The motion to dismiss is granted. All claims asserted against NEXUS and GBF are dismissed with prejudice and with costs to Defendants. As the claims against Lindstrom were already dismissed, and so have been stricken from the pleading at issue, there is nothing left of this case. Dismissal is with prejudice and with costs to the Defendants; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/7/2019) (Attachments: #1 Right to Appeal)(km) |
Filing 28
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING COLLINS' MOTION TO SUBSTITUTE DEFENDANT granting #16 Motion to Dismiss; denying #19 Motion to Substitute Party. The only plausible inference that can be drawn from the allegations of the pleading and the affidavit attached thereto and its exhibits is that Collins was dropped from the NEXUS Summit because Lindstrom told NEXUS officials that she represented a risk. Collins cannot make a federal case out of her rejection. The motion to dismiss is granted. All claims asserted against NEXUS and GBF are dismissed with prejudice and with costs to Defendants. As the claims against Lindstrom were already dismissed, and so have been stricken from the pleading at issue, there is nothing left of this case. Dismissal is with prejudice and with costs to the Defendants. The Clerk of Court is directed to remove the motions at Dkts. Nos. 16 and 19 from the court's list of open motions, and to close the case. This "written opinion" constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 8/6/2019) (mml)
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| Transmission to Orders and Judgments Clerk. Transmitted re: #28 Order on Motion to Dismiss, Order on Motion to Substitute Party to the Orders and Judgments Clerk. (mml) |
| Filing 27 DECLARATION of Rachel Cohen in Support re: #16 MOTION to Dismiss .. Document filed by Giving Back Fund, Inc., NEXUS Global. (Asher, Monica) |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss . Sur-Reply Memorandum of Law in Support of Motion to Dismiss. Document filed by Giving Back Fund, Inc., NEXUS Global. (Asher, Monica) |
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Filing 25
ORDER granting #24 Letter Motion for Leave to File Document. One page sur-reply limited to the topic noted at the bottom of this page. (Signed by Judge Colleen McMahon on 1/3/2019) (mml)
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| Filing 24 LETTER MOTION for Leave to File Sur-Reply to address Plaintiff's Affidavit addressed to Judge Colleen McMahon from Monica Asher dated January 3, 2019. Document filed by Giving Back Fund, Inc., NEXUS Global.(Asher, Monica) |
| Filing 22 REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss . . Document filed by Giving Back Fund, Inc., NEXUS Global. (Asher, Monica) |
| Filing 23 AFFIDAVIT OF PLAINTIFF JENNIFER COLLINS IN SUPPORT OF HER OPPOSITION TO DEFENDANTS' MOTION TO DISMISS; re: #16 MOTION to Dismiss . Document filed by Jennifer Collins. (sc) |
| Filing 21 AFFIRMATION of Joshua A Douglass in Opposition re: #16 MOTION to Dismiss .. Document filed by Jennifer Collins. (Douglass, Joshua) |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #19 FIRST MOTION to Substitute Party. Old Party: NEXUS GLOBAL, New Party: JONAH WITTKAMPER . . Document filed by Giving Back Fund, Inc., NEXUS Global. (Asher, Monica) |
| Filing 19 FIRST MOTION to Substitute Party. Old Party: NEXUS GLOBAL, New Party: JONAH WITTKAMPER . Document filed by Jennifer Collins. (Attachments: #1 Exhibit)(Douglass, Joshua) |
| Filing 18 MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss . . Document filed by Giving Back Fund, Inc., NEXUS Global. (Asher, Monica) |
| Filing 17 DECLARATION of Monica S. Asher in Support re: #16 MOTION to Dismiss .. Document filed by Giving Back Fund, Inc., NEXUS Global. (Attachments: #1 Exhibit A)(Asher, Monica) |
| Filing 16 MOTION to Dismiss . Document filed by Giving Back Fund, Inc., NEXUS Global.(Asher, Monica) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Giving Back Fund, Inc., NEXUS Global.(Asher, Monica) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-06696-CM. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Barbara C. Moses 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. (wb) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 11/7/2018) (anc)
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| Set/Reset Deadlines: Giving Back Fund, Inc. answer due 12/10/2018; NEXUS Global answer due 12/10/2018. (anc) |
| Filing 13 LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Colleen McMahon from Monica Asher dated November 6, 2018. Document filed by Giving Back Fund, Inc., NEXUS Global.(Asher, Monica) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Giving Back Fund, Inc. served on 10/19/2018, answer due 11/9/2018. Service was accepted by Marc Pollick. Document filed by Jennifer Collins. (Douglass, Joshua) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Giving Back Fund, Inc., NEXUS Global. (dnh) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to NEXUS GLOBAL and Giving Back Fund, Inc., re: #6 Complaint. Document filed by Jennifer Collins. (Douglass, Joshua) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joshua Alan Douglass to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the offical A.O. Summons form was completed by the attorney. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 9 CIVIL COVER SHEET filed. (Douglass, Joshua) |
| Filing 8 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:18-cv-06696-cm. Document filed by Jennifer Collins.(Douglass, Joshua) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to NEXUS GLOBAL and Giving Back Fund, Inc., re: #6 Complaint. Document filed by Jennifer Collins. (Douglass, Joshua) Modified on 10/1/2018 (dnh). |
| Filing 6 COMPLAINT against Giving Back Fund, Inc., NEXUS Global. Document filed by Jennifer Collins.(Douglass, Joshua) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Joshua Alan Douglass to RE-FILE Document No. #5 Statement of Relatedness. The filing is deficient for the following reason(s): the pdf case caption for the newly filed case does not exactly match initial pleading caption;. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Joshua Alan Douglass to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): pdf case caption does not exactly match initial pleading caption;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joshua Alan Douglass to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Christopher Rockefeller Lindstrom; the All Defendant radio button was selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Alan Douglass. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 443 (Civil Rights: Accomodations); Origin code 4 (Reinstated/Reopened Case); County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 440 (Civil Rights: Other); the Origin code has been modified to 1 (Original Proceeding); the County code has been modified to Kings; the Fee Status code has been modified to pd (paid);. (jgo) |
| CASE REFERRED TO Judge Colleen McMahon as possibly related to 18-cv-6696. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joshua Alan Douglass to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form; pdf case caption does not exactly match initial pleading caption; party name on pdf 'To' section does not exactly match as listed on initial pleading; the incorrect case number is on the pdf;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 FILING ERROR - PDF ERROR - STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:18-cv-06696-CM. Document filed by jennifer Collins.(Douglass, Joshua) Modified on 9/27/2018 (jgo). |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Douglass, Joshua) Modified on 9/27/2018 (jgo). |
| Filing 3 AFFIDAVIT of Jennifer Collins in Support re: #1 Complaint. Document filed by jennifer Collins. (Attachments: #1 Exhibit Exhibits to Plaintiff's Affidavit)(Douglass, Joshua) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to NEXUS GLOBAL and Giving Back Fund, Inc., re: #1 Complaint. Document filed by jennifer Collins. (Douglass, Joshua) Modified on 9/27/2018 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-15620204)Document filed by jennifer Collins.(Douglass, Joshua) Modified on 9/27/2018 (jgo). |
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