Banks v. McGynn, Hays & Co., Inc. et al
| Edward Banks |
| Jack Robinson, Ciro Donniacuo, McGynn, Hays & Co., Inc., Christopher Sullivan, Joseph I. Crincoli and Gerard Carlucci |
| 1:2021cv00679 |
| January 25, 2021 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| J Paul Oetken |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2022. A more recent docket listing may be available from PACER.
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Filing 11
LETTER addressed to Magistrate Judge Robert W. Lehrburger from EDWARD WEISSMAN, ESQ. dated 03/23/21 re: RESPONSE RE: LETTER FROM ADVERSARY. Document filed by Gerard Carlucci, Joseph I. Crincoli, Ciro Donniacuo, McGynn, Hays & Co., Inc., Jack Robinson, Christopher Sullivan. (Attachments: #1 Exhibit).(Weissman, Edward)
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Filing 10
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Laurie E. Morrison Esq. dated March 19, 2021 re: Prepared USM-285 Forms for service of process purposes, and response to Defendants' Opposition. (Dkt. #9).. Document filed by Edward Banks. (Attachments: #1 Exhibit USM-285 Forms, #2 Exhibit).(Morrison, Laurie)
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Mailed a copy of #8 Order, 1 USM-285 form to Edward Banks, C/O Laurie Elene Morrison at Law Office of Laurie E. Morrison, 100 Church St., 8th Floor, New York, NY 10007. (sha)
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Filing 9
LETTER addressed to Judge J. Paul Oetken from EDWARD WEISSMAN, ESQ. dated 03/17/21 re: COUNSEL'S LETTER TO YOUR HONOR. Document filed by Gerard Carlucci, Joseph I. Crincoli, Ciro Donniacuo, McGynn, Hays & Co., Inc., Jack Robinson, Christopher Sullivan..(Weissman, Edward)
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Filing 8
ORDER OF SERVICE: Because Plaintiff has been granted permission to proceed in forma pauperis, he is entitled to rely on the Court and the U.S. Marshals Service to effect service. Walker v.Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. 1915(d) ("Theofficers 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)). To allow Plaintiff to effect service on Defendants through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff one U.S. Marshals Service Process Receipt and Return form ("USM-285 form"). Within 30 days of the date of this order, Plaintiff must complete a USM-285 form for Defendants and return that form to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, he must notify the Court in writing within 30 days of the date of this order and request that a summons be issued directly to him. If within 30 days, Plaintiff has not returned the USM-285 form or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of the completed USM-285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Defendants. No matter what method of service Plaintiff chooses, he must affect service within 120 days of the date the summons is issued. It is Plaintiff's responsibility to inquire of the Marshals Service as to whether service has been made and if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). If within 120 days of issuance of the summons, Plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/17/2021) (kv) Transmission to Pro Se Assistants for processing.
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Filing 7
ORDER GRANTING IFP APPLICATION: Plaintiff's application to proceed in forma pauperis is granted. Plaintiff may proceed in this matter without prepayment of fees. See 28 U.S.C. 1915. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/17/2021) Copies transmitted this date to all counsel of record (kv)
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Filing 6
LETTER MOTION to Expedite addressed to Judge J. Paul Oetken from Laurie E. Morrison Esq. dated March 16, 2021. Document filed by Edward Banks..(Morrison, Laurie)
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Filing 5
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 Robert W. Lehrburger. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/5/2021) (jca)
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Magistrate Judge Robert W. Lehrburger 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)
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NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Unassigned is no longer assigned to the case. (laq)
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CASE ACCEPTED AS RELATED. Create association to 1:19-cv-05727-JPO-RWL. Notice of Assignment to follow. (laq)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Laurie Elene Morrison. The party information for the following party/parties has been modified: Gerard Carlucci, Joseph I. Crincoli, Ciro Donniacuo, Jack Robinson, Christopher Sullivan. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laurie Elene Morrison re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add parties Gerard Carlucci, Joseph I. Crincoli, Ciro Donniacuo, Jack Robinson, Christopher Sullivanin their second capacity as jointly with corresponding party text. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (dnh)
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Case Designated ECF. (dnh)
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CASE REFERRED TO Judge J. Paul Oetken as possibly related to 1:19-cv-05727-JPO-RWL. (dnh)
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Filing 4
CIVIL COVER SHEET filed..(Morrison, Laurie)
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Filing 3
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Edward Banks. (Attachments: #1 Supplement).(Morrison, Laurie)
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Filing 2
STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-05727. Document filed by Edward Banks..(Morrison, Laurie)
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Filing 1
COMPLAINT against Gerard Carlucci, Joseph I. Crincoli, Ciro Donniacuo, McGynn, Hays & Co., Inc., Jack Robinson, Christopher Sullivan. Document filed by Edward Banks..(Morrison, Laurie)
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