Hamilton v. Early Warning Services, LLC et al
| William Richard Hamilton |
| Santander Bank, NA and Early Warning Services, LLC |
| 1:2020cv04431 |
| June 10, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 25
NOTICE OF INITIAL PRETRIAL CONFERENCE:In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on September 25, 2020 at 12:00 p.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 4431. Counsel should submit their proposed case management plan and joint letter as outlined below. In their joint letter, the parties should indicate whether they believe a Rule 16 conference is unnecessary and ask that their proposed Case Management Plan simply be so ordered; or whether they believe a conference would be helpful and have no objection to proceeding by teleconference; or whether they believe a conference would be helpful and request it be adjourned until such time as it can be safely held in person. If the parties prefer an in-person conference, they should propose three mutually-agreed upon Fridays in July for the conference, although the Court does not guarantee it will honor the parties' preferred date. This Court encourages plaintiffs to serve defendants promptly. The parties are directed to submit a joint letter of no more than five pages bySeptember 17, 2020, addressing the following in separate paragraphs: as set forth herein. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. Because Plaintiff is now represented by counsel, his request for electronic filing isdenied; his motion for summary judgment has also been withdrawn by Plaintiff's counsel, Dkt. 16. The Clerk of Court is respectfully directed to terminate the pending motions at docket entries 4 and 8. And as set forth herein. SO ORDERED., ( Telephone Conference set for 9/25/2020 at 12:00 PM before Judge Valerie E. Caproni.) Initial Conference set for 9/25/2020 at 12:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/31/2020) (ama)
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| Filing 24 WAIVER OF SERVICE RETURNED EXECUTED. Santander Bank, NA waiver sent on 7/2/2020, answer due 8/31/2020. Document filed by William Richard Hamilton..(Zemel, Daniel) |
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Filing 23
ORDER FOR ADMISSION PRO HAC VICE: granting #21 Motion for Michael D. Malloy to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 7/06/2020) (ama)
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| Filing 22 NOTICE OF APPEARANCE by Michael Malloy on behalf of Santander Bank, NA..(Malloy, Michael) |
| Filing 21 MOTION for Michael D. Malloy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20561569. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Santander Bank, NA. (Attachments: #1 Affidavit of Michael D. Malloy, #2 Text of Proposed Order for PHV Admission).(Malloy, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Michael D. Malloy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20561569. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Santander Bank, NA. (sj) |
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Filing 19
MEMO ENDORSED granting #13 Motion FOR LEAVE TO SEAL EXHIBIT 1 TO PLAINTIFF'S COMPLAINT. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to restrict the viewing level for docket entry 2 to the parties only. So Ordered. (Signed by Judge Valerie E. Caproni on 7/1/2020) (js)
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| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Santander Bank, N.A., re: #17 Amended Complaint. Document filed by William Richard Hamilton..(Zemel, Daniel) |
| Civil Case Opening Fee Payment: for #2 Complaint. Filing fee $ 400.00, receipt number ANYSDC-20509377..(Zemel, Daniel) |
| 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. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Colleen McMahon is no longer assigned to the case. (laq) |
| Filing 17 FIRST AMENDED COMPLAINT amending #2 Complaint against Early Warning Services, LLC, Santander Bank, NA with JURY DEMAND.Document filed by William Richard Hamilton. Related document: #2 Complaint..(Zemel, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Zemel to RE-FILE Document No. #15 Amended Complaint. The filing is deficient for the following reason(s): the filing must be linked to the initial pleading. Re-file the pleading using the event type Amended 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) |
| Filing 16 NOTICE of Withdrawal of Motion for Summary Judgment re: #8 MOTION for Summary Judgment.. Document filed by William Richard Hamilton..(Zemel, Daniel) |
| Filing 15 FILING ERROR - FILING ERROR - FIRST AMENDED COMPLAINT amending #14 Amended Complaint, against Early Warning Services, LLC, Santander Bank, NA with JURY DEMAND.Document filed by William Richard Hamilton. Related document: #14 Amended Complaint,..(Zemel, Daniel) Modified on 6/24/2020 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Zemel to RE-FILE Document No. #14 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the parties whom the pleading is against were not selected. Re-file the pleading using the event type Amended 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. Do not select the All Defendants, All Plaintiffs, or All Parties radio button. (pne) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR-FIRST AMENDED COMPLAINT amending #2 Complaint against All Defendants with JURY DEMAND.Document filed by William Richard Hamilton. Related document: #2 Complaint..(Zemel, Daniel) Modified on 6/23/2020 (pne). |
| Filing 13 MOTION to Seal Plaintiff's Credit Report As Sensitive Information Which Should Not Be Available To The Public. Document filed by William Richard Hamilton. (Attachments: #1 Text of Proposed Order).(Zemel, Daniel) |
| Filing 12 NOTICE OF APPEARANCE by Elizabeth Easley Apostola on behalf of William Richard Hamilton..(Apostola, Elizabeth) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Early Warning Services, LLC waiver sent on 6/16/2020, answer due 8/17/2020. Document filed by William Richard Hamilton..(Zemel, Daniel) |
| Filing 10 NOTICE OF APPEARANCE by Daniel Zemel on behalf of William Richard Hamilton..(Zemel, Daniel) |
| Mailed a copy of #9 Order Denying IFP Application, to William Richard Hamilton at 600 W 11th Street, #3A, New York, NY 10025. (dsh) |
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Filing 9
ORDER DENYING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is denied because Plaintiff has sufficient assets to pay the fees. See 28 U.S.C. 1915(a)(1). Plaintiff is directed to pay $400.00 in fees a $350.00 filing fee and a $50.00 administrative fee within 30 days of the date of this order. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice to Plaintiff's refiling it. The Clerk of Court is directed mail a copy of this order to Plaintiff and note service on the docket. Filing Fee due by 7/13/2020. (Signed by Judge Colleen McMahon on 6/12/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 8 MOTION FOR SUMMARY JUDGMENT. Document filed by William Richard Hamilton.(ama) |
| Filing 7 AFFIRMATION OF SERVICE: of William Richardson Hamilton. Document filed by William Richard Hamilton. (ama) |
| Filing 6 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by William Richard Hamilton.(ama) |
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Filing 5
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application 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 7/10/2020. In Forma Pauperis (IFP) Application due by 7/10/2020. (Signed by Judge Colleen McMahon on 6/10/2020) (Attachments: #1 amended IFP application) (keb) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 MOTION for Permission for to participate in electronic case filing in this case. Document filed by William Richard Hamilton.(rdz) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: consents to receive electronic service via the ECF system. Document filed by William Richard Hamilton.(rdz) |
| Filing 2 COMPLAINT against Early Warning Services, LLC, Santander Bank, NA. Document filed by William Richard Hamilton.(rdz) (Additional attachment(s) added on 6/10/2020: #1 Exhibit, #2 Exhibit, #3 Exhibit) (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by William Richard Hamilton.(rdz) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ad) |
| Case Designated ECF. (rdz) |
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