Albert v. Embassy of Sound and MEDIA GmbH et al
| Marcel Albert |
| Nadine Wrede, John Does 1-1000, Konrad Von Lohneysen, Embassy of Sound and MEDIA GmbH and Nadine Huebler |
| 1:2021cv02729 |
| March 30, 2021 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Copyright |
| 17 U.S.C. § 501 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 12, 2021. A more recent docket listing may be available from PACER.
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| Received returned mail re: #14 Order 30 Days Other (case opening). Mail was addressed to Marcel Albert, 288 Rue Grosvenor, Westmount, Quebec, Canada H3K 2M6 and was returned for the following reason(s): Adresse incomplete. (vn) |
Filing 16
ORDER OF DISMISSAL: By order dated April 8, 2021, the Court directed Plaintiff to show cause why this matter should not be transferred to the United States District Court for the Eastern District of New York. (ECF 14.) On May 6, 2021, Plaintiff submitted a declaration in which he states that he is no longer indigent and that he seeks to voluntarily dismiss this action without prejudice to his refiling it. (ECF 15.) Accordingly, the Court grants Plaintiff's request to withdraw this action pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. The complaint is voluntarily dismissed without prejudice. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close the case under this docket number. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 5/7/2021) (sac)
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| Filing 15 PLAINTIFF'S STATEMENT ADDRESSING WHETHER THIS CASE SHOULD BE TRANSFERRED TO THE EASTERN DISTRICT OF NEW YORK AS REQUESTED BY THE COURT IN DOCKET #14 PURS. TO 28:1406 & AFFIDAVIT(Affirmation). Document filed by Marcel Albert. (sc) |
| Received returned mail re: #10 Order Directing Original Signature. Mail was addressed to Marcel Albert, 288 Rue Grosvenor, Westmount, Quebec, Canada H3K 2M6 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward. (vn) |
| Mailed a copy of #14 Order 30 Days Other (case opening), to Marcel Albert at 288 Rue Grosvenor, Westmount,Quebec, Canada H3K 2M6. (dsh) |
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Filing 14
ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court grants Plaintiff an opportunity to submit, within 30 days, a brief statement addressing whether this case should be transferred to the Eastern District of New York. If Plaintiff fails to respond, or if his response fails to show cause why this action should not be transferred, the Court will transfer this action under 28 U.S.C. 1406 to the United States District Court for the Eastern District of New York. Plaintiff's motion for reconsideration of the order directing him to sign the complaint (ECF No. 11) is denied as moot, as Plaintiff has submitted the requested declaration under penalty of perjury with his signature. A summons shall not issue from this Court. 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). SO ORDERED. (Signed by Judge Colleen McMahon on 4/8/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 13 LETTER from Marcel Albert, dated 4/6/21 re: REQUEST FOR ELECTRONIC ISSUANCE OF SUMMONS. Document filed by Marcel Albert.(sc) |
| Filing 12 DECLARATION of Marcel Albert. Document filed by Marcel Albert. (sc) |
| Filing 11 MOTION FOR RECONSIDERATION AS TO DOCKET ENTRY #10, "ORDER DIRECTING ORIGINAL SIGNATURE," IN LIGHT OF STANDING ORDER M10-468; 20MC1979 re; #10 Order Directing Original Signature. Document filed by Marcel Albert.(sc) |
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Filing 10
ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed declaration for signature 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). Signature Page due by 5/5/2021. (Signed by Judge Colleen McMahon on 4/5/2021) (Attachments: #1 declaration) (keb) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #10 Order Directing Original Signature, to Marcel Albert at 288 Rue Grosvenor, Westmount, Quebec, Canada H3K 2M6. (dsh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 9 LETTER from Marcel Albert, dated 4/3/21 re: "2ND NOTICE TO CLERK OF COURT TO CORRECT DOCKET ENTRY ERROR"- The Docket Entry Clerk erroneously entered in as follows: Nature of Suit 440 Civil Rights -Other Jurisdiction: Diversity etc. Therefore, Plaintiff requests the Clerk to correct the docket as it pertains to both the 'Nature of Suit' & (Subject Matter)' Jurisdisdiction accordingly. Document filed by Marcel Albert.(sc) Modified on 4/5/2021 (sc). |
| Filing 8 LETTER from Marcel Albert, dated 4/2/20 re: "NOTICE TO CLERK OF COURT TO CORRECT DOCKET ENTRY ERROR" - Therefore, Plaintiff requests the Clerk to correct the docket as it pertains to the named Defendant - whereas Media GmbH is not a named defendant, and does not exist - to "Embassy of Sound and Media GmbH" (and to correct the case caption as well). Finally, the plaintiff notes the docket clerk similarly made an error on the ECF/PACER docketing of the Summons as to Nadine Wrede, to wit, that it was filed by "Nadine Wrede," and not Plaintiff Marcel Albert etc. Document filed by Marcel Albert.(sc) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Nadine Wrede, re: #2 Complaint. Document filed by Marcel Albert.(rdz) Modified on 3/31/2021 (rdz). |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Konrad von Lohneysen, re: #2 Complaint. Document filed by Marcel Albert..(rdz) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Embassy of Sound and Media GmbH, re: #2 Complaint. Document filed by Marcel Albert..(rdz) |
| Filing 4 MOTION TO COMPEL CLERK OF COURT TO MAKE COPIES OF COMPLAINT, SUMMONS, TRANSLATED COPY OF COMPLAINTS/SUMMONS. Document filed by Marcel Albert..(rdz) |
| Filing 3 MOTION for Permission for Marcel Albert to participate in electronic case filing in this case. Document filed by Marcel Albert..(rdz) |
| Filing 2 COMPLAINT against Embassy of Sound and MEDIA GmbH, John Does 1-1000, Konrad Von Lohneysen, Nadine Wrede. Document filed by Marcel Albert..(rdz) Modified on 3/31/2021 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Marcel Albert..(rdz) |
| Case Designated ECF. (rdz) |
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