Molina v. Harvard Maintenance
| Iris Molina |
| Harvard Maintenance |
| 1:2020cv10993 |
| December 23, 2020 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
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Filing 11
INFORMATION PACKAGE MAILED to Iris Molina 89 Fairview Ave. #4 New York, NY 10040, at, on 2/19/2021 Re: #9 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, order granting IFP application, a copy of the Mediation Referral Order for Pro Se Employment Discrimination Cases, 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). (aan)
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Filing 10
SUMMONS ISSUED as to Harvard Maintenance. (aan)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/19/2021 Re: Judge Lorna G. Schofield #9 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Harvard Maintenance. (aan)
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Mailed a copy of #8 Mediation Referral Order for Pro Se Employment Discrimination Cases, to Iris Molina at 89 Fairview Ave., #4, New York, NY 10040. (dsh)
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Filing 9
ORDER OF SERVICE: It is hereby ORDERED that Plaintiff's time to serve the summons and complaint is extended to 90 days after the date the summons is issued. Because Plaintiff has been granted permission to proceed IFP, Plaintiff is entitled to rely on the Court and the U.S. Marshals Service to effect such service. Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. 1915(d) ("The officers of the court shall issue and serve all process... in [IFP] cases."); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP)). If the complaint is not served within that time, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff's responsibility to request an extension of time for service); see also Murray v. Pataki, 378 F. App'x 50, 52 (2d Cir. 2010) (summary order) ("As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals' failure to effect service automatically constitutes 'good cause' for an extension of time within the meaning of Rule 4(m)."). It is further ORDERED that, to allow Plaintiff to effect service on Defendant Harvard Maintenance through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for this defendant. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon this defendant. It is further ORDERED that Plaintiff must notify the Court in writing if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is respectfully directed to mail a copy of this order to pro se Plaintiff, together with an information package. The Clerk of Court is also directed to issue a summons and complete the USM-285 form with the address for Harvard Maintenance and deliver all documents necessary to effect service to the U.S. Marshals Service. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/18/2021) (ks) Transmission to Pro Se Assistants for processing.
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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. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/18/2021) (ks) Transmission to Docket Assistant Clerk 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. (wb)
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NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Louis L. Stanton is no longer assigned to the case..(wb)
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Filing 6
AMENDED COMPLAINT against Harvard Maintenance, re: amending #2 Complaint with JURY DEMAND.Document filed by Iris Molina. Related document: #2 Complaint.(sc)
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Filing 5
INTERNET CITATION NOTE: Material from decision with Internet citation re: #4 Order 60 Days Amended Complaint (case opening). (sjo)
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Mailed a copy of #4 Order 60 Days Amended Complaint (case opening), to Iris Molina at 89 Fairview Ave., #4, New York, NY 10040. (dsh)
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Filing 4
ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 20-CV-10993 (LLS). An Amended Complaint for Employment Discrimination form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and she cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. (Signed by Judge Louis L. Stanton on 1/4/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case..(bcu)
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Filing 3
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 12/29/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing 2
COMPLAINT against Harvard Maintenance. Document filed by Iris Molina..(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Iris Molina..(rdz)
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Case Designated ECF. (rdz)
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