McNally v. Heffernan et al
Plaintiff: David Charles McNally
Defendant: The New York Times Co., John Heffernan and NY Newspaper Printing Pressmens Union # 2
Case Number: 1:2018cv09959
Filed: October 29, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Nature of Suit: Civil Rights: Jobs
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 19, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2018 Filing 22 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. NY Newspaper Printing Pressmens Union # 2 served on 11/29/2018, answer due 1/28/2019. Service was accepted by R.W. Daly - Secretary - Treasurer. Document filed by David Charles McNally. (aea)
December 12, 2018 Opinion or Order Filing 20 ENDORSED LETTER addressed to Judge Edgardo Ramos from David McNally dated 12/8/2018 re: Plaintiff request permission to amend complaint. ENDORSEMENT: Mr. McNally is granted leave to file an amended complaint by January 4, 2019. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/12/2018) (kv)
December 11, 2018 Filing 19 AFFIDAVIT OF SERVICE of Notices of Appearance for Neil H. Abramson and Joseph C. O'Keefe on behalf of Defendant The New York Times Co. served on David Charles McNally, Plaintiff Pro Se on December 11, 2018. Service was made by Certified Mail. Document filed by The New York Times Co.. (O'Keefe, Joseph)
December 11, 2018 Filing 18 NOTICE OF APPEARANCE by Joseph C. O'Keefe, Jr on behalf of The New York Times Co.. (O'Keefe, Joseph)
December 11, 2018 Filing 17 NOTICE OF APPEARANCE by Neil Howard Abramson on behalf of The New York Times Co.. (Abramson, Neil)
December 10, 2018 Filing 21 AMENDED COMPLAINT; re: amending #2 Complaint against John Heffernan, NY Newspaper Printing Pressmens Union # 2, The New York Times Co. with JURY DEMAND.Document filed by David Charles McNally. Related document: #2 Complaint.(sc)
December 10, 2018 Mailed a copy of #16 Memo Endorsement, to David Charles McNally 12 Palermo Dr. Tinton Falls, NJ 07724. (vba)
December 7, 2018 Filing 16 MEMO ENDORSEMENT on re: #14 Letter filed by John Heffernan, NY Newspaper Printing Pressmens Union # 2. ENDORSEMENT: The application is denied. Defendants' application is denied. The Clerk of Court is respectfully directed to mail a copy of this endorsement to Plaintiff. (Signed by Judge Edgardo Ramos on 12/7/2018) (jwh) Transmission to Docket Assistant Clerk for processing.
December 6, 2018 Filing 15 AFFIDAVIT OF SERVICE of Notices of Appearance and Letter Motion served on Plaintiff David Charles McNally on December 6, 2018. Service was made by MAIL. Document filed by John Heffernan, NY Newspaper Printing Pressmens Union # 2. (Lossia, Dana)
December 6, 2018 Filing 14 LETTER addressed to Judge Edgardo Ramos from Dana Lossia dated December 6, 2018 re: motion to substitute defendants. Document filed by John Heffernan, NY Newspaper Printing Pressmens Union # 2.(Lossia, Dana)
December 6, 2018 Filing 13 NOTICE OF APPEARANCE by Daniel Engelstein on behalf of John Heffernan, NY Newspaper Printing Pressmens Union # 2. (Engelstein, Daniel)
December 5, 2018 Filing 12 NOTICE OF APPEARANCE by Dana Elizabeth Lossia on behalf of John Heffernan, NY Newspaper Printing Pressmens Union # 2. (Lossia, Dana)
December 3, 2018 Mailed a copy of #11 Memo Endorsement, to David Charles McNally 12 Palermo Dr. Tinton Falls, NJ 07724. (vba)
November 30, 2018 Filing 11 MEMO ENDORSEMENT on re: #10 Letter, filed by David Charles McNally. ENDORSEMENT: Plaintiff's request to bring his cellular device to the courthouse in connection with his civil action is GRANTED. Plaintiff is directed to complete and return to chambers the form attached to this letter prior to any scheduled courthouse appearances. The form--also available at www.nysd.uscourts.com/forms.php--may be returned to chambers either by mail or by emailing chambers directly at chambersNYSDRamos@nysd.uscourts.gov. The Clerk of Court is respectfully directed to mail a copy of this endorsement, and the accompanying form, to Plaintiff. (Signed by Judge Edgardo Ramos on 11/30/2018) (jwh) Transmission to Docket Assistant Clerk for processing.
November 27, 2018 Filing 10 LETTER addressed to Judge Edgardo Ramos from David C. McNally, dated 11/17/18 re: Plaintiff requests that the Court inform him as to how he may go about bringing his cellphone into any mediation/court session, because his voicemail is where his threatening evidence is. Document filed by David Charles McNally.(sc)
November 19, 2018 Opinion or Order Filing 9 FRCP 4 SERVICE PACKAGE MAILED to David Charles McNally 12 Palermo Dr. Tinton Falls, NJ 07724, at, on 11/19/2018 Re: #7 Order of Service. 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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. (nb)
November 19, 2018 SUMMONS ISSUED as to John Heffernan, NY Newspaper Printing Pressmens Union # 2, The New York Times Co.. (nb)
November 19, 2018 FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/19/2018 Re: Judge Edgardo Ramos #7 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)John Heffernan, NY Newspaper Printing Pressmens Union # 2, The New York Times Co.. (nb)
November 16, 2018 Opinion or Order Filing 8 MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES: IT IS ORDERED that this pro se case is referred for mediation to the Court's Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that the Clerk of Court shall attempt to locate pro bono counsel to represent Plaintiff at the mediation. Pro bono counsel will contact Plaintiff directly. The time to assign a mediator under Local Civil Rule 83.9 and the Court's Mediation Program Procedures will be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent Plaintiff solely for purposes of the mediation, and that representation will terminate at the conclusion of the mediation process. IT IS FURTHER ORDERED that any objection by Plaintiff either to the mediation or to the Court's request for pro bono counsel to represent Plaintiff in the mediation must be filed within 14 days of this order. (Signed by Judge Edgardo Ramos on 11/16/2018) (jwh)
November 16, 2018 Opinion or Order Filing 7 ORDER OF SERVICE: The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is also respectfully instructed to add NY Newspaper Printing Pressmen's Union # 2 as a defendant under Fed. R. Civ. P. 21. Plaintiff's application for pro bono counsel (ECF No. 5) is denied without prejudice to a later application. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for John Heffernan, the New York Times Co., and the NY Newspaper Printing Pressmen's Union # 2 and deliver all documents necessary to effect service to the U.S. Marshals Service. (NY Newspaper Printing Pressmens Union # 2 added.) (Signed by Judge Edgardo Ramos on 11/16/2018) (jwh)
November 15, 2018 NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (bcu)
November 15, 2018 Magistrate Judge Ona T. Wang 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. (bcu)
November 14, 2018 Filing 5 APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Document filed by David Charles McNally.(sc)
November 7, 2018 Opinion or Order Filing 4 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Colleen McMahon on 11/7/2018) (anc) Transmission to Docket Assistant Clerk for processing.
November 7, 2018 Mailed a copy of #4 Order Granting IFP Application, to David Charles McNally 12 Palermo Dr. Tinton Falls, NJ 07724. (vba)
November 1, 2018 Filing 3 LETTER from David C. McNally dated 10/30/18 re: Plaintiff apologizes for the error, and requests that the Court amend his error where he lives, which is in New Jersey(NJ). Document filed by David Charles McNally.(sc)
October 29, 2018 Filing 2 COMPLAINT against John Heffernan, The New York Times Co. Document filed by David Charles McNally.(sac)
October 29, 2018 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by David Charles McNally.(sac)
October 29, 2018 Case Designated ECF. (sac)

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Plaintiff: David Charles McNally
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Defendant: The New York Times Co.
Represented By: Joseph C. O'Keefe, Jr
Represented By: Neil Howard Abramson
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Defendant: John Heffernan
Represented By: Daniel Engelstein
Represented By: Dana Elizabeth Lossia
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Defendant: NY Newspaper Printing Pressmens Union # 2
Represented By: Daniel Engelstein
Represented By: Dana Elizabeth Lossia
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