Pina v. The United States of America
| Japanese Juices, LLC and Frederick D. Pina |
| The United States of America |
| 1:2020cv01371 |
| February 14, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Colleen McMahon |
| Barbara C Moses |
| P.I.: Other |
| 28 U.S.C. § 267 |
| None |
Docket Report
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This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.
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Mailed a copy of #91 Order, Set Deadlines/Hearings, to Frederick D. Pina 90 Vreeland Street Apt. 4 Staten Island, NY 10302. (dsh)
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Filing 91
ORDER: Disclosure of affirmative expert evidence, by either party, including the identities and written reports of experts, as required by Fed. R. Civ. P. 26(a)(2)(A), (B), or(C), shall be made no later than November 30, 2022. The disclosure of expert evidence intended solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made no later than December 29, 2022. Depositions of experts shall be completed no later than January 30, 2023. Judge Moses will conduct a status conference on December 6, 2022, at 10:00a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. No later than November 29, 2022, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically. (Deposition due by 1/30/2023., Status Conference set for 12/6/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/4/2022) (rro)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 10/4/2022. (tk)
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Mailed a copy of #90 Order on Motion for Extension of Time to Complete Discovery to Frederick D. Pina 90 Vreeland Street Apt. 4 Staten Island, NY 10302. (dsh)
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Filing 90
ORDER granting #89 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. SO ORDERED. Deposition due by 10/31/2022. Discovery due by 1/30/2023. (Signed by Magistrate Judge Barbara C. Moses on 9/27/2022) (tg)
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Filing 89
JOINT LETTER MOTION for Extension of Time to Complete Discovery and Joint Status Update addressed to Magistrate Judge Barbara C. Moses from Elizabeth J. Kim dated September 27, 2022. Document filed by The United States of America..(Kim, Elizabeth)
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Set/Reset Deadlines: Expert Discovery due by 1/30/2023. Fact Discovery due by 10/31/2022. (tg)
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Filing 88
LETTER addressed to Judge Paul A. Engelmayer from F. Pina, dated 9/23/22 re: Please find below two color photographs taken with a smartphone approximately two years earlier in Times Square(as indicated). I hope these images illustrate to this Court the extent of the physical damages, pain and suffering which this accident has personally caused me etc. I will mark these images on the Court's docket as EXHIBITS 9/23A-9/23B. Document filed by Frederick D. Pina.(sc)
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Filing 87
MANDATE of USCA (Certified Copy) as to #78 Notice of Appeal filed by Frederick D. Pina, #68 Notice of Appeal filed by Frederick D. Pina. USCA Case Number 22-784 (L), 22-1016 (Con). Appellant, pro se, appeals from two orders. However, this Court has determined sua sponte that it lacks jurisdiction over these appeals because a final order has not been issued by the district court as contemplated by 28 U.S.C. 1291. See In re Roman Catholic Diocese of Albany, N.Y., Inc., 745 F.3d 30, 35 (2d Cir. 2014) (per curiam); see also Petrello v. White, 533 F.3d 110, 116 (2d Cir. 2008) (holding interlocutory order denying a motion for reconsideration is only immediately appealable if the underlying order it sought reconsideration of is immediately appealable); Cunningham v. Hamilton Cnty., 527 U.S. 198, 20510 (1999) (holding that an order imposing sanctions was not appealable prior to the entry of a final judgment); LoSacco v. City of Middletown, 71 F.3d 88, 91 (2d Cir. 1995) (explaining that if a magistrate judge's jurisdiction derives from 28 U.S.C. 636(b)(1)(A), the ruling does "not become final... and thus appealable... until" the district court judge has overruled the litigants objections); Ruffolo v. Oppenheimer & Co., 949 F.2d 33, 36 (2d Cir. 1991) (holding that an order dismissing only some claims was not immediately appealable absent Fed. R. Civ. P. 54(b) certification). Upon due consideration, it is hereby ORDERED that the appeals are DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/12/2022..(nd)
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Filing 86
CERTIFICATE OF SERVICE of extension letter, dated August 12, 2022, Dkt. No. 84 served on Frederick D. Pina on August 15, 2022. Service was made by Mail. Document filed by The United States of America..(Kim, Elizabeth)
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Mailed a copy of #85 Order on Motion for Extension of Time to Complete Discovery to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (kh)
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Set/Reset Deadlines: Depositions due by 12/29/2022. Discovery due by 12/29/2022. (vfr)
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Filing 85
ORDER granting #84 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The discovery schedule is modified as set forth on page 2 of this Order. Furthermore, the status conference scheduled for August 22, 2022 is ADJOURNED to October 4, 2022 at 11:00 a.m. The parties shall dial (888) 557-8511 and enter the access code 7746387# at the scheduled time. No later than September 27, 2022, the parties shall submit a joint status letter apprising the Court of the status of discovery and any further disputes that may require judicial intervention. SO ORDERED. Depositions due by 12/29/2022. (Signed by Magistrate Judge Barbara C. Moses on 8/15/2022) (vfr) Modified on 9/6/2022 (vfr). Modified on 9/6/2022 (vfr).
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Set/Reset Deadlines: ( Fact Discovery due by 9/29/2022.), Set/Reset Hearings:( Telephone Conference set for 10/4/2022 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (vfr)
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Filing 84
SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Elizabeth J. Kim dated August 12, 2022. Document filed by The United States of America..(Kim, Elizabeth)
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Mailed a copy of #83 Order on Motion for Extension of Time to Complete Discovery, to Frederick D. Pina 90 Vreeland Street Apt. 4 Staten Island, NY 10302. (dsh)
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Filing 83
ORDER granting #81 Letter Motion for Extension of Time to Complete Discovery.Application GRANTED. The discovery deadlines are EXTENDED as noted above. Additionally, a status conference will be held on August 22, 2022, at 12:00 noon, in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. One week prior to that date, on August 15, 2022, the parties shall submit a joint status letter outlining the progress of discovery. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 6/22/2022) (rro)
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Set/Reset Deadlines: ( Deposition due by 8/15/2022., Fact Discovery due by 8/15/2022.), Set/Reset Hearings:( Status Conference set for 8/22/2022 at 12:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (rro)
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Filing 82
CERTIFICATE OF SERVICE of extension letter, dated June 16, 2022, Dkt No. 81 served on Frederick D. Pina on June 17, 2022. Service was made by Certified Mail. Document filed by The United States of America..(Kim, Elizabeth)
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Filing 81
FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Elizabeth J. Kim dated June 16, 2022. Document filed by The United States of America..(Kim, Elizabeth)
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Filing 80
NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Frederick D. Pina..(Kent, Paris)
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Filing 79
ORDER of USCA (Certified Copy) as to #78 Notice of Appeal filed by Frederick D. Pina, #68 Notice of Appeal filed by Frederick D. Pina. USCA Case Number 22-1016 (Con), 22-784 (Lead). Appellant has filed a notice of appeal from a magistrate judge order dated April 25, 2022. The order appears to be non-appealable. See 28 U.S.C. 1292; 28 U.S.C. 636(b)(1), (c)(1). Appellant is advised that the order may be appropriate for the district judge to review upon Appellant's filing of objections. See 28 U.S.C. 636 (b)(1). IT IS HEREBY ORDERED that Appellant file a response, by letter, to this order either (1)setting out the claimed basis for this Court's jurisdiction; or (2) withdrawing the appeal. The response is due May 24, 2022. If no response is filed, the appeal will be referred to a panel for adetermination regarding this Court's jurisdiction. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/10/2022..(nd)
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Filing 78
NOTICE OF APPEAL from #74 Order. Document filed by Frederick D. Pina. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
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Appeal Remark as to #78 Notice of Appeal filed by Frederick D. Pina. IFP Granted 07/07/2020. (tp)
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Appeal Fee Not Required for #78 Notice of Appeal. Appeal filed In Forma Pauperis. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #78 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #78 Notice of Appeal filed by Frederick D. Pina were transmitted to the U.S. Court of Appeals. (tp)
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Filing 77
LETTER addressed to Judge Paul A. Engelmayer from F. Pina, dated 5/2/22 re: "PLAINTIFF'S RESPONSE TO GOVERNMENT'S DOC. 75, FILED 4/28/22" -Because the Government had deceived this Court through its fraudulent Partial Motion to Dismiss, and because the Government's Bad Faith has been well documented, alongside not only to Plaintiff; but oddly enough, to its own self; and in falsely asserting that it previously would engage in Court mandated mediaton which turned out to be a horrific lie told etc.; and for these reasons, the Court should forcefully reject the Government's perverse desires to deny Plaintiff his justice; and instead, reinstate Plaintiff's Constitutionally guaranteed right to proceed with his business losses claims, as protced by the Federal Tort Claims Act. Document filed by Frederick D. Pina.(sc)
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Filing 76
CERTIFICATE OF SERVICE of Letter Response served on Frederick Pina on 4/29/2022. Service was made by Mail. Document filed by The United States of America..(Bannon, Zachary)
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Filing 75
LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Zachary Bannon dated 4/28/2022 re: #59 MOTION to Vacate #58 Order on Motion for Miscellaneous Relief,,. and Docket Entries #64 and #73 . Document filed by The United States of America..(Bannon, Zachary)
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Mailed a copy of #74 Order, to Frederick D. Pina 90 Vreeland Street Apt. 4 Staten Island, NY 10302. (dsh)
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Filing 74
ORDER: Plaintiff Pina having elected to pursue his most recent vacatur motion, it is hereby ORDERED that the United States may respond, by letter, no later than April 29,2022. If defendant responds, plaintiff may reply, by letter, no later than May 6, 2022. If defendant does not respond, the April 1 letter-motion will be determined on the present record. Plaintiff Pina having violated this Court's express order that no additional argument be included in his notification letter, it is FURTHER ORDERED,pursuant to Fed. R. Civ. P. 16(f), that plaintiff pay the sum of $100 to the Clerk of Court, as a sanction, no later than May 6, 2022. Plaintiff is reminded that his pro se status does not permit him to violate the orders of this Court or exempt him from sanctions should he do so. See, e.g., Koehl v. Greene, 424 F. App'x 61, 62 (2d Cir. 2011); Vermont Teddy Bear Co. v. 1-800 Beargram Co., 373 F.3d 241, 247 (2d Cir. 2004). (Signed by Magistrate Judge Barbara C. Moses on 4/25/2022) (rro) Transmission to Finance Unit (Cashiers) for processing.
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Filing 73
LETTER addressed to Magistrate Judge Barbara C. Moses from F. Pina, dated 4/16/22 re: "PLAINTIFF'S RESPONSE LETTER TO MAGISTRATE JUDGE MOSES' PUBLIC TELEPHONE CONFERENCE CALL"- This letter is to confirm my appeal of my improperly dismissed business losses claims in the amount of $146,000,000 dollars of which Judge Engelmayer erroneously misapplied the Exception(s) of the Federal Tort Claims Act. Document filed by Frederick D. Pina.(sc)
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Mailed a copy of #71 Order, Set Deadlines/Hearings, to Frederick D. Pina 90 Vreeland Street Apt. 4 Staten Island, NY 10302. (dsh)
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Filing 71
ORDER: For the reasons discussed during today's conference, it is ORDERED that: The Assistant United States Attorney who will be responsible for this matter during attorney Kim's leave shall promptly file a notice of appearance, to ensure continuity and prompt delivery of electronic notifications via ECF. The parties shall use their best efforts to establish a schedule for all anticipated depositions as early as possible - even if the depositions themselves occur in Mayor June to minimize later scheduling disputes. Plaintiff Pia shall advise the Court by letter, no later than April 21, 2022,whether he will withdraw his April 1, 2022 letter-motion (Dkt. No. 64), which the Court construes as yet another motion made pursuant to Fed. R. Civ. P. 60(b) to vacate this Court's May 12, 2021 Opinion and Order (Dkt. No. 31), dismissing the portion of plaintiff's FTCA claim seeking $146 million in lost business profits as damages for an automobile accident with a United States Postal Service (USPS)vehicle that required repairs to plaintiff's car and caused him to suffer neck pain and a pinched nerve in his back and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 4/15/2022) (ama) (Main Document 71 replaced on 4/15/2022) (rro). Modified on 4/15/2022 (rro). Modified on 4/22/2022 (ama).
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Filing 72
CERTIFICATE OF SERVICE of the parties joint status letter, dated April 13, 2022, Dkt. No. 69, served on Frederick D. Pina on April 13, 2022. Service was made by Certified Mail. Document filed by The United States of America..(Kim, Elizabeth)
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Filing 70
NOTICE OF APPEARANCE by Zachary Bannon on behalf of The United States of America..(Bannon, Zachary)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 4/14/2022. (tk)
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Filing 69
STATUS REPORT. Document filed by The United States of America..(Kim, Elizabeth)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #68 Notice of Appeal filed by Frederick D. Pina were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #68 Notice of Appeal. (tp)
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Filing 68
NOTICE OF APPEAL from #62 Order on Motion to Vacate. Document filed by Frederick D. Pina. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Application for IFP). (tp)
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Appeal Fee Not Required for #68 Notice of Appeal. Appeal filed In Forma Pauperis. (tp)
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Appeal Remark as to #68 Notice of Appeal filed by Frederick D. Pina. IFP Granted 07/07/2020. (tp)
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Mailed a copy of #67 Scheduling Order, to Frederick D. Pina 90 Vreeland Street Apt. 4 Staten Island, NY 10302. (dsh)
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Filing 67
ORDER: The status conference previously scheduled for 11:00 a.m. today is hereby ADJOURNED to April 14, 2022, at 10:00 a.m., and will be held telephonically. A few minutes before the time of the conference, the parties are to dial (888) 557-8511 and enter the access code: 7746387. Telephone Conference set for 4/14/2022 at 10:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 4/11/2022) (rro)
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Filing 66
AFFIDAVIT OF SERVICE of Parties' Joint Status Letter, Dkt. No. 63 served on Frederick D. Pina on April 4, 2022. Service was made by Certified Mail. Document filed by The United States of America..(Kim, Elizabeth)
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Filing 65
NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Frederick D. Pina..(Abate, Samuel)
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Filing 64
LETTER addressed to Judge Paul A. Engelmayer from F. Pina, dated 4/1/22 re: LEGALLY OBTAINED DISCOVERY EVIDENCE FROM DEFENDANT(S)(UNITED STATES OF AMERICA"). Document filed by Frederick D. Pina.(sc) Modified on 4/4/2022 (sc). (Main Document 64 replaced on 4/4/2022) (sc).
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Filing 63
STATUS REPORT. Document filed by The United States of America..(Kim, Elizabeth)
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Mailed a copy of #62 Order on Motion to Vacate, to Frederick D. Pina 90 Vreeland Street Apt. 4 Staten Island, NY 10302. (dsh)
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Filing 62
ORDER denying #59 Motion to Vacate. On March 21, 2022, plaintiff Frederick D. Pina filed a motion to vacate defendant's partial motion to dismiss. Dkt. 59. These claims have been repeatedly and thoroughly addressed by this Court and Judge Moses, which have both given Pina due solicitude. See Dkts. 29, 31, 33, 35, 41, 58. This motion raises no new or meritorious grounds, and his claims have no basis. The motion is denied. Pina is reminded to pursue his claims with the decorum and courtesy expected of all litigants. See Dkt. 52 at 2. The Clerk of Court is respectfully directed to close the motion pending at 59 and to mail a copy of this Order to Pina. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/31/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing 61
DECLARATION of Frederick Pina, IN OPPOSITION TO DEFENDANT'S PARTIAL MOTION TO DISMISS, re: #14 MOTION to Dismiss in Part Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1). Document filed by Frederick D. Pina. (sc)
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Filing 60
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO VACATE, re: #59 MOTION to Vacate #58 Order on Motion for Miscellaneous Relief. Document filed by Frederick D. Pina. (sc)
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Filing 59
NOTICE OF MOTION, re: to Vacate Defendant's prior and improperly granted "Partial Motion to Dismiss with a filing Court date of 9/15/20 for willfully violating FRCP 60(b)(3) etc. #58 Order on Motion for Miscellaneous Relief. Document filed by Frederick D. Pina.(sc)
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Filing 58
ORDER denying #37 Motion re: #37 MOTION TO OPPOSE & RE-INSTATE PARTIAL CLAIMS. For the foregoing reasons, the Court denies Pina's motion. This case remains under the able general pretrial supervision of Judge Moses. The Clerk of Court is respectfully directed to terminate the motion pending at docket 37, and to mail a copy of this decision to Pina at the address on file. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/15/2022) (jca) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #58 Order on Motion for Miscellaneous Relief, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (dsh)
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Filing 57
ORDER: The parties having declined to proceed with court-annexed mediation (Dkt. Nos. 55, 56), plaintiff is reminded that he must pursue this action diligently and in accordance with all applicable Federal and local rules, and comply with all deadlines, discovery responsibilities and other obligations set forth therein or in this Court's orders. (See Dkt. No. 53.) Should he fail to do so, the Court could impose significant sanctions, including but not limited to financial penalties and the dismissal of all or part of this case. Plaintiff is further reminded that evidence of the parties' settlement negotiations, including any settlement demands or offers, is generally inadmissible as to either liability or damages, see Fed. R. Evid. 408(a), and should not be placed on the public record of this action. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se plaintiff. (Signed by Magistrate Judge Barbara C. Moses on 2/10/2022) (rro) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #57 Order, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (dsh)
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Filing 56
LETTER addressed to Magistrate Judge Barbara C. Moses from F. Pina dated 2/9/22 re: This case has now taken four years of my personal and professional life; and the defendant has yet to take accountability or even acknowledge the pain and suffering caused etc. Specifically, I had directly emailed the defendant via its representative, Assistant U.S. Attorney Elizabeth J. Kim, and indicated my willingness to discuss out of court settlement, and Defendant's counsel acknowledged and agreed to support this effort etc. Besides re-offering an already previously denied offer in the sum of under $6,000 dollars to settle the dase, Defendant's counsel had revealed that she was not authorized to negotiate anything further. Document filed by Frederick D. Pina.(sc)
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Mailed a copy of #54 Mediation Referral Order, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (dsh)
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Mailed a copy of #53 Case Management Plan, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (dsh)
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Filing 54
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program, pursuant to Local Civil Rule 83.9(e)(3). The Court requests that the mediation take place promptly, before a mediator experienced in personal injury cases arising under the Federal Tort Claims Act, 28 U.S.C. 2674, cases. This case arises out of an automobile accident between plaintiff's car and a U.S. Postal Service vehicle. The parties are notified that Local Civil Rule 83.9 and the Mediation Program Procedures, available on the Court's website at http://www.nysd.uscourts.gov/mediation, shall govern the mediation. The mediation will have no effect upon any scheduling order issued by the Court. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se plaintiff. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/7/2022. (Signed by Magistrate Judge Barbara C. Moses on 1/27/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing 53
INITIAL CASE MANAGEMENT ORDER: After consultation with the parties, the Court adopts the following case management and scheduling order pursuant to Fed. R. Civ. P. 16: Deposition due by 9/30/2022. Fact Discovery due by 6/30/2022. Expert Discovery due by 8/31/2022. All Discovery due by 9/30/2022. A Status Conference set for 4/11/2022 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. No later than April 4, 2022, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically. All court conferences, hearings, and other proceedings will be held in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, unless the Court orders otherwise. If a proceeding takes place via teleconference, the parties must call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter the access code 7746387. Please treat the teleconference as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. If the proceeding takes place via videoconference, chambers will email the appropriate link to counsel in advance of the proceeding. The parties have stated that the anticipated length of trial is 4-5 days. Because this case is a Federal Tort Claims Act case, this case will have a bench trial. The Clerk of the Court is respectfully directed to mail a copy of this order to pro se plaintiff. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/27/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Case Management Conference held on 1/27/2022. (Snell, Kevin)
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Mailed a copy of #52 Order, Set Hearings to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (kh)
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Filing 52
ORDER: Nonetheless, as a courtesy to the pro se plaintiff, it is hereby ORDERED that the initial case management conference is ADJOURNED to January 27, 2022 at noon. At that time the parties should dial (888) 557-8511 and enter the access code: 7746387. The Clerk of the Court is respectfully directed to mail a copy of this order to pro se plaintiff Frederick D. Pia. ( Initial Conference set for 1/27/2022 at 12:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/14/2022) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing 51
CERTIFICATE OF SERVICE of United States Letter (the United States Letter), dated January 14, 2022 (Dkt. No. 50), in Response to Plaintiffs Letter, dated January 12, 2022 (Dkt. No. 49), and the unpublished authorities cited in the United States Letter served on Frederick D. Pina on January 14, 2022. Service was made by Certified Mail. Document filed by The United States of America..(Kim, Elizabeth)
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Filing 50
LETTER addressed to Magistrate Judge Barbara C. Moses from Elizabeth J. Kim dated January 14, 2022 re: Plaintiff's letter, dated January 12, 2022 (Dkt. No. 49). Document filed by The United States of America..(Kim, Elizabeth)
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Filing 49
LETTER from F. Pina, dated 1/12/22 re: Plaintiff now wishes to bring to this Court's attention newly obtained, relevant legal evidence, which had been discovered and needs to be public record etc. In conclusion, with this newly introduced evidence into public record, this Court must now fully reinstate the plaintiff's previous (and improperly dismissed) claims for $146,000,000 dollars in commercial business losses for tortious interference etc. Document filed by Frederick D. Pina.(sc)
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Filing 48
AFFIDAVIT OF SERVICE of the United States Memorandum of Law in Response to Plaintiffs Objections to the Report and Recommendation of Magistrate Judge Barbara Moses, dated December 1, 2021 served on Frederick D. Pina on December 22, 2021. Service was made by Certified Mail. Document filed by The United States of America..(Kim, Elizabeth)
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Filing 47
RESPONSE re: #43 Objection to Report and Recommendations . Document filed by The United States of America..(Kim, Elizabeth)
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Filing 46
CERTIFICATE OF SERVICE of Answer served on Frederick D. Pina on December 10, 2021. Service was made by Certified Mail. Document filed by The United States of America..(Kim, Elizabeth)
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Filing 45
ANSWER to #2 Complaint. Document filed by The United States of America..(Kim, Elizabeth)
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Filing 44
ORDER granting #42 Letter Motion for Conference re: #42 LETTER MOTION for Conference re: #40 Order, Set Deadlines/Hearings,,,,,,,,,,,, requesting that the case management conference scheduled for January 18, 2022 be held remotely addressed to Magistrate Judge Barbara C. Moses from Elizabeth J. Application GRANTED. The conference scheduled for January 18, 2022, at 12:00 noon (Dkt. No. 40) shall now be held via teleconference. At that time parties should dial (888) 557-8511 and enter the access code: 7746387. Please treat the teleconference as you would treat a public court appearance. The Clerk of the Court is respectfully directed to mail a copy of this order to pro se plaintiff Frederick D. Pina. Initial Conference set for 1/18/2022 at 12:00 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 12/9/2021) (ate) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #44 Order on Motion for Conference, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 103021. (dsh)
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Filing 43
OBJECTION TO REPORT & RECOMMENDATION, MOTION TO REINSTATE PARTIALLY DISMISSED CLAIM, re: #41 Report and Recommendations Document filed by Frederick D. Pina. (sc)
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Filing 42
LETTER MOTION for Conference re: #40 Order, Set Deadlines/Hearings,,,,,,,,,,,, requesting that the case management conference scheduled for January 18, 2022 be held remotely addressed to Magistrate Judge Barbara C. Moses from Elizabeth J. Kim dated December 6, 2021. Document filed by The United States of America. (Attachments: #1 Certificate of Servce).(Kim, Elizabeth)
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Filing 41
REPORT AND RECOMMENDATION TO THE HON. PAUL A. ENGELMAYER re: #37 MOTION TO OPPOSE & RE-INSTATE PARTIAL CLAIMS. filed by Frederick D. Pina. For the foregoing reasons, I respectfully recommend that plaintiff's Motion to Oppose and Re-Instate Partial Claims be DENIED. By separate order, I have scheduled a case management conference for January 18, 2022, at 12:00 noon, at which a discovery and pretrial schedule will be set. The Clerk of Court is respectfully directed to mail a copy of this Report and Recommendation to plaintiff. (Objections to R&R due by 12/15/2021.) (Signed by Magistrate Judge Barbara C. Moses on 12/1/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing 40
ORDER SCHEDULING CASE MANAGEMENT CONFERENCE: The district judge having granted defendant's partial motion to dismiss (Dkt. No. 31), and having reaffirmed that ruling (Dkt. No. 36), it is hereby ORDERED that defendant shall file its answer no later than December 15, 2021. It is further ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on January 18, 2022, at 12:00 noon, in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). It is further ORDERED that each party confer with all other parties to make sure that all parties (or their attorneys) have a copy of this Order and can attend the conference. If any party needs to change the date of the conference, that party must make the request, by letter, as soon as the need for a different date is known. Please see 2(a) of Judge Moses's Individual Practices for a description of what information must be contained in that letter. It is further ORDERED that the parties come to the conference prepared to discuss the following subjects: and further set forth in this Order. The Clerk of the Court is respectfully directed to mail a copy of this order to pro se plaintiff Frederick D. Pina. (The United States of America answer due 12/15/2021. Initial Conference set for 1/18/2022 at 12:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/1/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #40 Order, Set Deadlines/Hearings, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (dsh)
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Mailed a copy of #41 Report and Recommendations, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (dsh)
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Filing 39
AFFIDAVIT OF SERVICE of Notice of Appearance of Elizabeth J. Kim as counsel for Defendant (ECF No. 38) served on Frederick D. Pina on November 10, 2021. Service was made by Certified Mail. Document filed by The United States of America..(Kim, Elizabeth)
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Filing 38
NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of The United States of America..(Kim, Elizabeth)
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Received returned mail re: #29 Report and Recommendations. Mail was addressed to Frederick D. Pina, 357 Marcus Garvey Blvd, #109, Brooklyn, NY 11221 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward. RTS. (vn)
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Filing 37
PLAINTIFF'S MOTION TO OPPOSE & RE-INSTATE PARTIAL CLAIMS. Document filed by Frederick D. Pina.(sc)
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Filing 36
ORDER re: #35 Order. The Court has not received any further correspondence or objections from Pina. Accordingly, the Court's prior order adopting the Report in full stands, and this case remains under the able general pretrial supervision of Judge Moses. The Clerk of Court is respectfully directed to mail a copy of this Order to Pina. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/14/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #36 Order, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (dsh)
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Mailed a copy of #35 Order, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (dsh)
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Filing 35
ORDER: As stated, the provision of the Code of Federal Regulations that Pia cites has no bearing on the proceeding here; it applies to a separate, administrative appeals process unrelated to the Federal Tort Claims Act, and here the Government is not appealing any damages award. The Government did not engage in any misconduct; it was not under any obligation to ensure he received the Report, or to ensure that Pia's address on file with the Court was current. The only relevant procedural error here is this: because the Court received Pia's notice of his new address after the Report had been sent to his old, outdated address, Pia appears not to have received the Report in time to file any objections to it. To remedy the mailing error, however, and to give Pia the opportunity to explain why he believes the Report's legal or factual conclusions are wrong, the Court directed that the Report be mailed to his current address, and granted him an additional two weeks to object to it. That remains in effect: Pia may submit any objections to the Report by June 3, 2021. But Pia's letter does not otherwise provide any basis on which to reconsider the Court's prior rulings, to impose sanctions against the Government, or to grant Pia any other relief. Nor does it provide a basis for Pia's charges of corruption and bad faith against the Court and Government. The Clerk of Court is respectfully directed to mail a copy of this Order to Pia. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/28/2021) (ks) Transmission to Docket Assistant Clerk for processing. Modified on 5/28/2021 (ks).
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Filing 34
LETTER from F. Pina, dated 5/24/24 re: Plaintiff filed a Motion to Oppose with this Court, expecting the Rule of Law to ensure and to take hold; instead a corrupt federal judge automatically granted a time extension to this plaintif etc. I am now filing a legal grievance and formal complaint with the Office of the Inspector General of the Department of Justice. Apparently, cherry-picking the laws of the United States is a habit of corrupt federal judges in the open exercise of their judicial corruption. Document filed by Frederick D. Pina.(sc)
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Filing 33
ORDER re: #29 Report and Recommendations,The Court has received a letter from plaintiff Frederick D. Pia, responding to the Court's recent decision adopting U.S. Magistrate Judge Barbara C. Moses's report and recommendation that his claim for $146 million in lost-business damages be dismissed for failure to comply with the presentment requirement of the Federal Tort Claims Act ("FTCA"). See Dkt. 32. Pina states that he did not receive a copy of the report and recommendation in time to submit his objections because he had changed address before the report was mailed, and that he did not receive it. It appears that Pina notified the Court of his change in address, but that the Court received that notice only after the report issued and was mailed to his old address. See Dkts. 2930. To ensure that Pina has a full opportunity to be heard on his claims, the Court grants Pina an additional two weeks, until June 3, 2021, to submit any objections to the report. The Clerk of Court is respectfully directed to mail a copy of this order and the report and recommendation at docket 29 to Pina at the most recent address on file. SO ORDERED. Objections to R&R due by 6/3/2021 (Signed by Judge Paul A. Engelmayer on 5/20/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #33 Order, Set Deadlines, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (dsh)
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Filing 32
MOTION TO OPPOSE re: #31 Memorandum & Opinion. Document filed by Frederick D. Pina. (va)
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Mailed a copy of #31 Memorandum & Opinion, to Frederick D. Pina at 90 Vreeland Street, Apt. 4, Staten Island, NY 10302. (dsh)
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Filing 31
OPINION AND ORDER: For the foregoing reasons, the Court grants the Government's partial motion to dismiss. This case-now only concerning Pina's claims for personal injuries and property damage up to $450,000-remains under the able general pretrial supervision of Judge Moses. The Clerk of Court is respectfully directed to terminate the motion pending at docket 14, and to mail a copy of this decision to Pina at the address on file. The Clerk of Court is further directed to amend the caption of this case to reflect the above caption. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/12/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing 30
PRO SE MEMORANDUM, dated 4/19/21 re: CHANGE OF ADDRESS for Frederick D. Pina. New Address: 90 Vreeland Street, Apt. 4, Staten Island, New York, 10321. (sc)
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Filing 29
REPORT AND RECOMMENDATION TO THE HON. PAUL A. ENGELMAYER re: #14 MOTION to Dismiss in Part Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1). filed by The United States of America. For the foregoing reasons, I recommend, respectfully, that defendant's motion be GRANTED and that plaintiff's claims be DISMISSED, without prejudice, to the extent they seek damages beyond those that plaintiff sought before the agency for his personal injuries and property damage. The Clerk of Court is respectfully directed to mail a copy of this Report and Recommendation to the plaintiff. (As further set forth in this Order.) Objections to R&R due by 5/4/2021 (Signed by Magistrate Judge Barbara C. Moses on 4/20/2021) (cf) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #29 Report and Recommendations, to Frederick D. Pina at 357 Marcus Garvey Blvd, #109, Brooklyn, NY 11221. (dsh)
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Received returned mail re: #20 Order, #9 Order, #19 Order on Motion to Dismiss, #8 FRCP 4 Service Package - Mailed. Mail was addressed to Frederick D. Pina, 357 Marcus Garvey Blvd., #109, Brooklyn, NY 11221 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn)
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Filing 28
REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFF'S MOTION TO OPPOSE DEFENDANT'S PARTIAL MOTION TO DISMISS, re: #25 Response to Motion. Document filed by Frederick D. Pina. (sc)
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Filing 27
CERTIFICATE OF SERVICE of reply memorandum (ECF No. 26) served on Plaintiff Frederick D. Pina on 11/6/20. Service was made by Mail. Document filed by The United States of America..(Kahane, Joshua)
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Filing 26
REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss in Part Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1). . Document filed by The United States of America..(Kahane, Joshua)
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Filing 25
PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS THE COMPLAINT, re: #14 MOTION to Dismiss in Part Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1). Document filed by Frederick D. Pina. (sc)
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Filing 24
PRO SE MEMORANDUM, dated 10/30/20 re: CHANGE OF ADDRESS for Frederick D. Pina. New Address: 357 Marcus Garvey Blvd., #109, Brooklyn, New York, 11221. (sc)
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Filing 23
ORDER: On or before October 15, 2020, plaintiff shall file a Notice of Change of Address confirming his mailing address and including his telephone number and email address. Plaintiff's deadline to respond to defendant's motion to dismiss is EXTENDED to October 30, 2020. If plaintiff retains an attorney before that date, his counsel shall promptly file a notice of appearance. Chambers will mail a copy of this Order to the plaintiff. (As further set forth in this Order.) ( Responses due by 10/30/2020) (Signed by Magistrate Judge Barbara C. Moses on 10/6/2020) (cf)
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Mailed a copy of #23 Order, Set Deadlines,,,, to Frederick D. Pina at 357 Marcus Garvey Blvd #109 Brooklyn, NY 11221..(Snell, Kevin)
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Filing 22
ORDER:The Court has received the attached letter from plaintiff Frederick Pina. This matter remains under the general pretrial supervision of Magistrate Judge Moses. (Signed by Judge Paul A. Engelmayer on 9/30/2020) (jwh)
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Filing 21
CERTIFICATE OF SERVICE of Motion to Dismiss in Part served on Frederick D. Pina on 9/22/20. Service was made by Mail. Document filed by The United States of America..(Kahane, Joshua)
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Filing 20
ORDER: Plaintiff must promptly file a Notice of Change of Address confirming his mailing address and including his telephone number and email address. The form is available on the Court's website at https://nysd.uscourts.gov/node/823. Meanwhile, the Clerk of Court is respectfully directed to update the docket to reflect plaintiff Pina's mailing address as: 357 Marcus Garvey Blvd #109, Brooklyn, NY 11221. Chambers will mail a copy of this Order, as well as its Orders at Dkt. Nos. 5, 8, 9, and 19, to plaintiff at his new address. The Order at Dkt. No. 9 includes a description of the ways in which a pro se party may file documents during the national health emergency. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 9/21/2020) (cf)
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Mailed a copy of #20 Order,,, to Frederick D. Pina at 357 Marcus Garvey Blvd #109 Brooklyn, NY 11221..(Snell, Kevin)
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Mailed a copy of #19 Order on Motion to Dismiss, to Frederick D. Pina at 357 Marcus Garvey Blvd #109 Brooklyn, NY 11221..(Snell, Kevin)
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Filing 19
ORDER with respect to #14 Motion to Dismiss. In light of plaintiff's pro se status, plaintiff's deadline to respond to defendant's Rule 12(b)(1) motion is hereby EXTENDED to October 16, 2020. (as further set forth herein). Chambers will mail a copy of this Order to the plaintiff. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 9/17/2020) (kv)
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Set/Reset Deadlines: Responses due by 10/16/2020 (kv)
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Received returned mail re: #8 Information Package. Mail was addressed to Frederick D. Pina at 296 Ninth Avenue New York, NY 10001 and was returned for the following reason(s): Return to Sender, Addressee Unknown. (bwa)
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Filing 18
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation): Motion to Dismiss in Part, Dkt 14. All such motions: Yes. Referred to Magistrate Judge Barbara C. Moses. Motions referred to Barbara C. Moses. (Signed by Judge Paul A. Engelmayer on 9/15/2020) (jwh) Modified on 9/15/2020 (jwh).
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Filing 17
CERTIFICATE OF SERVICE of Motion to Dismiss in Part served on Plaintiff Frederick D. Pina on 9/15/20. Service was made by Mail. Document filed by The United States of America..(Kahane, Joshua)
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Filing 16
DECLARATION of Kimberly A. Herbst in Support re: #14 MOTION to Dismiss in Part Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1).. Document filed by The United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Kahane, Joshua)
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Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss in Part Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1). . Document filed by The United States of America..(Kahane, Joshua)
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Filing 14
MOTION to Dismiss in Part Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1). Document filed by The United States of America..(Kahane, Joshua)
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MOTIONS REFERRED: #14 MOTION to Dismiss in Part Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(1). Motions referred to Barbara C. Moses. (jwh)
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Received returned mail re: #9 Order with a copy of the Docket Sheet. Mail was addressed to Frederick D. Pina, 296 Ninth Avenue, New York, NY 10001 and was returned for the following reason(s): Return To Sender Addressee Unknown. (vn)
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Received returned mail re: #5 Order Granting IFP Application. Mail was addressed to Frederick D. Pina at 296 Ninth Avenue, New York, NY 10001 and was returned for the following reason(s): Return To Sender Adressee Unknown. (vn)
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Filing 13
MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Service was accepted by Lisa Ahearn, Sup. Civil Clerk, U. S. Attorneys. Service was also made by Cert. Mail to U.S. Attorney, Southern District of New York, Civil Div., 86 Chambers Street, New York, NY. Document filed by Frederick D. Pina. (sc)
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Filing 12
MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Service was made by Cert. Mail to Louis Dejoy, Postmaster General, USA. Document filed by Frederick D. Pina. (sc)
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Filing 11
MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. The United States of America served on 8/3/2020, answer due 10/2/2020. Service was made by Cert. Mail to Attorney General of the United States, Washington, D.C. Document filed by Frederick D. Pina. (sc)
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Filing 10
NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of The United States of America..(Kahane, Joshua)
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Mailed a copy of #8 FRCP 4 Service Package - Mailed,,,, to Frederick D. Pina at 357 Marcus Garvey Blvd #109 Brooklyn, NY 11221..(Snell, Kevin)
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Mailed a copy of #9 Order,Regarding General Pretrial Management to Frederick D. Pina at 357 Marcus Garvey Blvd #109 Brooklyn, NY 11221..(Snell, Kevin)
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Mailed a copy of #9 Order, Regarding General Pretrial Management to Frederick D. Pina at 296 Ninth Avenue New York NY 10001..(Snell, Kevin)
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Filing 9
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: All discovery must be initiated in time to be concluded by the close of discovery set by the Court. Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and 2(b) of Judge Moses's Individual Practices. It is the Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties' letters, unless a party shows good cause why more formal briefing should be required. Absent extraordinary circumstances, discovery applications made later than 30 days prior to the close of discovery may be denied as untimely. The Pro Se Intake Unit (telephone 212-805-0175) may be of assistance to pro se litigants in connection with court procedures and further set forth in this Order. Chambers will mail a copy of this Order to the plaintiff. (Signed by Magistrate Judge Barbara C. Moses on 7/16/2020) (rro)
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Filing 8
INFORMATION PACKAGE MAILED to Frederick D. Pina, at 296 Ninth Avenue New York, NY 10001, on 7/16/2020 Re: #6 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 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (bwa)
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FRCP 4 SERVICE PACKAGE EMAILED TO U.S.M.: on 7/16/2020 Re: Judge Paul A. Engelmayer #6 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Complaint, Completed U.S.M. form(s) for defendant(s)Louis DeJoy, Postmaster General; United States Attorney General, Southern District of NY; Attorney General of the United States. (bwa)
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SUMMONS ISSUED as to The United States of America. (bwa)
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Paul A. Engelmayer on 7/15/2020) (jwh)
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Filing 6
ORDER OF SERVICE: The Clerk of Court is directed to serve a copy of this order to Pina, together with an information package. The Clerk of Court is further instructed to (1) complete the USM-285 forms with the address for United States of America; (2) check the box on the USM-285 forms labeled "Check for service on U.S.A."; (3) issue a summons; and (4) deliver to the U.S. Marshals Service all documents necessary to effect service. (Signed by Judge Paul A. Engelmayer on 7/15/2020) (jwh) Transmission to Pro Se Assistants for processing.
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu)
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NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Colleen McMahon is no longer assigned to the case..(bcu)
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Mailed a copy of #5 Order Granting IFP Application to Frederick D. Pina at 357 Marcus Garvey Blvd #109 Brooklyn, NY 11221..(Snell, Kevin)
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 7/6/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #5 Order Granting IFP Application to Frederick D. Pina at 296 Ninth Avenue, New York, NY 10001. (vn)
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Filing 4
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Frederick D. Pina.(sc)
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Mailed a copy of #3 Order 30 Days Other (case opening), Add and Terminate Parties, to Frederick D. Pina 296 Ninth Avenue New York, NY 10001..(vba)
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Filing 3
ORDER. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff is directed to submit the attached IFP application within thirty days of the date of this order. The Court dismisses without prejudice Japanese Juices, LLC. See 28 U.S.C. 1654. 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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Japanese Juices, LLC (A Delaware Company) terminated. (Signed by Judge Colleen McMahon on 3/5/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb)
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Filing 2
COMPLAINT against The United States of America. Document filed by Japanese Juices, LLC, Frederick D. Pina..(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Japanese Juices, LLC, Frederick D. Pina..(rdz)
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Case Designated ECF. (rdz)
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