Win v. Elkomy
| Ma Saw Win |
| Dalia Elkomy |
| 1:2020cv03671 |
| May 12, 2020 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| P.I.: Other |
| 28 U.S.C. § 1331 pi |
| None |
Docket Report
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| Filing 14 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:19-cv-02358. Original file certified copy of transfer order and docket entries received. (sjo) |
| Magistrate Judge Gabriel W. Gorenstein 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Case Designated ECF. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Unassigned is no longer assigned to the case. (sjo) |
Case transferred to District of Southern District of New York. Copy of transfer order, and docket sheet sent via Civil Extract. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. The Court offers no opinion on the merits of the complaint. The Clerk of Court is directed to transfer this case, to mail a copy of this Transfer Order to plaintiff, and, following transfer, to close this docket for administrative purposes. So Ordered by Judge Eric N. Vitaliano on 5/11/2020. (Almonte, Giselle) [Transferred from New York Eastern on 5/12/2020.]
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| Filing 13 MOTION to Change Venue in this action by Ma Saw Win. (Attachments: #1 Affidavit Affidavit of Plaintiff) (Silver, Jonathan) [Transferred from New York Eastern on 5/12/2020.] |
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ORDER: Plaintiff's response dated 12/9/2019 #12 demonstrates that venue is not proper in this District because the Defendants are not domiciled in this District nor did the events at issue occur in the Eastern District of New York. Plaintiff requested leave to file a motion to transfer this action to the Southern District of New York. The request is granted. Plaintiff shall file a motion to transfer by 12/20/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/10/2019. (Ferrara, Anthony) [Transferred from New York Eastern on 5/12/2020.]
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| Filing 12 REPLY in Opposition Orders to Show Cause directing plaintiff to explain why this case should not be closed in view of close of case 19VC113; to show cause to explain why venue is proper filed by All Plaintiffs. (Attachments: #1 affidavits of attempts at service, #2 voluntary stip of disc, #3 Order granting application for Voluntary Disc) (Silver, Jonathan) [Transferred from New York Eastern on 5/12/2020.] |
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Filing 11
ORDER TO SHOW CAUSE: Plaintiff's counsel shall correct the deficiency in response to the Court's 11/13/2019 Order to Show Cause and show cause as to why venue is proper in this Court, in accordance with the attached Order, by 12/10/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/3/2019. (Ferrara, Anthony) [Transferred from New York Eastern on 5/12/2020.]
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| Filing 10 AFFIDAVIT/AFFIRMATION OF SERVICE ON CONSULATE GENERAL OF THE ARAB REPUBLIC by Ma Saw Win (Silver, Jonathan) [Transferred from New York Eastern on 5/12/2020.] |
| Filing 9 AFFIDAVIT/AFFIRMATION OF SERVICE on DALIA ELKOMY by Ma Saw Win (Silver, Jonathan) [Transferred from New York Eastern on 5/12/2020.] |
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ORDER: Plaintiff has filed an affidavit 8 that purports to be in support of a motion for default judgment, yet no such motion has been filed, nor has a certificate of default been sought. In fact, the Court has given Plaintiff until 12/6/2019 to file proof of service or a status report regarding service of process. Therefore, the affidavit shall be stricken from the record and removed from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/18/2019. (Ferrara, Anthony) [Transferred from New York Eastern on 5/12/2020.]
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| Filing 8 AFFIDAVIT/AFFIRMATION OF SERVICE by Ma Saw Win (Silver, Jonathan) [Transferred from New York Eastern on 5/12/2020.] |
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ORDER TO SHOW CAUSE: Plaintiff has filed a virtually identical case that Plaintiff voluntarily withdrew on 4/22/2019. (See Case No. 1:19-cv-00113-ENV-SJB, Dkt. No. 10). That case was closed on 4/23/2019. (See id., Dkt. 11). Plaintiff is ordered to show cause by 11/27/2019 as to why this case, Case No. 1:19-cv-02358-ENV-SJB, should also not be closed. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/13/2019. (Ferrara, Anthony) [Transferred from New York Eastern on 5/12/2020.]
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STATUS REPORT ORDER: Plaintiff shall file proof of service of process or a status report regarding service of process by 12/16/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/5/2019. (Ferrara, Anthony) [Transferred from New York Eastern on 5/12/2020.]
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| Filing 7 AFFIDAVIT/AFFIRMATION OF FOSS BAKER FOR STATUS REPORT ON DALIA ELKOMY AND CONSULATE GENERAL OF THE ARAB REPUBLIC OF EGYPT IN EGYPT by Ma Saw Win (Silver, Jonathan) [Transferred from New York Eastern on 5/12/2020.] |
| Filing 6 Summons Issued as to Dalia Elkomy. (Galeano, Sonia) [Transferred from New York Eastern on 5/12/2020.] |
| Filing 5 Proposed Summons. by Ma Saw Win (Silver, Jonathan) [Transferred from New York Eastern on 5/12/2020.] |
| Filing 4 Summons Issued as to Dalia Elkomy. (Davis, Kimberly) [Transferred from New York Eastern on 5/12/2020.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) [Transferred from New York Eastern on 5/12/2020.] |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 5/12/2020.] |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) [Transferred from New York Eastern on 5/12/2020.] |
| Filing 1 COMPLAINT against All Defendants against All Plaintiffs filing fee $ 400, receipt number ANYEDC-11410707 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by MA SAW WIN. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Silver, Jonathan) [Transferred from New York Eastern on 5/12/2020.] |
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| Defendant: Dalia Elkomy | |
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| Plaintiff: Ma Saw Win | |
| Represented By: | Jonathan Silver |
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