Obergh et al v. Building Maintenance Services LLC et al
| Ivonne Brito and Mayra Obergh |
| Building Maintenance Services LLC, Jordge "Doe", Noel Soriano, Ethical Culture Fieldston School and Sedat Osmanovic |
| 1:2021cv05053 |
| June 7, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Jobs |
| None |
Docket Report
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| Document Text |
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| Magistrate Judge James L. Cott 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Laura Taylor Swain is no longer assigned to the case..(wb) |
| Mailed a copy of #7 Order on Motion for Extension of Time to Answer to Mayra Obergh at 830 Amsterdam Ave., Apt. 15D, New York, NY 10025; and to Ivonne Brito at 43 Amberson Ave., Apt. 5F, Yonkers, NY 10705. (kh) |
Filing 7
ORDER terminating re #5 LETTER MOTION for Extension of Time to File Answer re: #2 Request to Proceed In Forma Pauperis, #1 Request to Proceed In Forma Pauperis, #4 Order Directing Payment of Fee or IFP Application, #3 Complaint addressed to Judge L; #6 LETTER MOTION for Extension of Time to File Answer re: #5 LETTER MOTION for Extension of Time to File Answer re: #2 Request to Proceed In Forma Pauperis, #1 Request to Proceed In Forma Pauperis, #4 Order Directing Payment of Fee or IFP A.; terminating #6 Motion for Extension of Time to Answer re #5 LETTER MOTION for Extension of Time to File Answer re: #2 Request to Proceed In Forma Pauperis, #1 Request to Proceed In Forma Pauperis, #4 Order Directing Payment of Fee or IFP Application, #3 Complaint addressed to Judge L, #6 LETTER MOTION for Extension of Time to File Answer re: #5 LETTER MOTION for Extension of Time to File Answer re: #2 Request to Proceed In Forma Pauperis, #1 Request to Proceed In Forma Pauperis, #4 Order Directing Payment of Fee or IFP A. By order dated June 14, 2021, the Court directed Plaintiffs, who appear pro se, to, within 30 days, either pay a total of $402 in fees to commence this action or each submit an amended in forma pauperis ("IFP") application. Plaintiffs have not yet complied with the Court's order, but they still have time to do so. On June 28 and 29, 2021, counsel for the defendants filed requests for an adjournment of the defendants' response date until August 6, 2021. (ECF 5 & 6.) But the Clerk of Court has not issued summonses for this action. Thus, the defendants could not have been served with summonses and the complaint and therefore do not have to respond to the complaint at this time. Accordingly, the Court denies these requests as premature and without prejudice to making them again, if and when the plaintiffs comply with the Court's June 14, 2021 order, and after the defendants have been served with summonses and the complaint. The Court directs the Clerk of Court to terminate ECF 5 and 6. The Court also directs the Clerk of Court to mail a copy of this order to each plaintiff and note service on the docket. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 7/6/2021) (sac) Transmission to Docket Assistant Clerk for processing. Modified on 7/12/2021 (sac).
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| SUMMONS ISSUED as to Building Maintenance Services LLC, Ethical Culture Fieldston School, Jordge "Doe", Sedat Osmanovic, Noel Soriano. (sac) |
| Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 07/06/2021, Receipt Number 465401282254. (bwi) |
| Filing 6 LETTER MOTION for Extension of Time to File Answer re: #5 LETTER MOTION for Extension of Time to File Answer re: #2 Request to Proceed In Forma Pauperis, #1 Request to Proceed In Forma Pauperis, #4 Order Directing Payment of Fee or IFP Application,,,,,,, #3 Complaint addressed to Judge L, #4 Order Directing Payment of Fee or IFP Application,,,,,,, #3 Complaint addressed to Judge Laura Taylor Swain from Jerrold F. Goldberg dated June 29, 2021. Document filed by Building Maintenance Services LLC, Ethical Culture Fieldston School, Jordge "Doe", Sedat Osmanovic, Noel Soriano..(Goldberg, Jerrold) |
| Filing 5 LETTER MOTION for Extension of Time to File Answer re: #2 Request to Proceed In Forma Pauperis, #1 Request to Proceed In Forma Pauperis, #4 Order Directing Payment of Fee or IFP Application,,,,,,, #3 Complaint addressed to Judge Laura Taylor Swain from Jerrold F. Goldberg dated June 28, 2021. Document filed by Building Maintenance Services LLC, Jordge "Doe", Sedat Osmanovic, Noel Soriano..(Goldberg, Jerrold) |
| Mailed a copy of #4 Order Directing Payment of Fee or IFP Application, to Ivonne Brito at 43 Amberson Ave., Apt. 5F, Yonkers, NY 10705 and to Mayra Obergh at 830 Amsterdam Ave., Apt. 15D, New York, NY 10025. (Attachments: # 1 IFP) (dsh) |
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Filing 4
ORDER DIRECTING PAYMENT OF FEES OR AMENDED IFP APPLICATIONS: Because of Plaintiffs' failure to clearly and fully answer the questions about their respective financial statuses, the Court does not have sufficient information to make a determination concerning their ability to pay the fees. Accordingly, within thirty days of the date of this order, Plaintiffs must either pay a total of $402 in fees to commence this action, or each complete, sign, and submit the attached amended IFP application in which each Plaintiff must fully disclose her financial status by clearly answering all of the application's questions. Each Plaintiff must file a separate amended IFP application. If Plaintiffs submit the amended IFP applications, they should each be labeled with docket number 1:21-CV-5053 (LTS). If the Court finds that Plaintiffs now possess the funds to pay the fees, they may be required to do so. The Court directs the Clerk of Court to mail a copy of this order to each Plaintiff and note service on the docket. If Plaintiffs comply with this order, this action shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiffs fail to comply with this order within the time allowed, the Court will dismiss this action. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/14/21) (Attachments: #1 Attachment) (rdz) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) |
| Filing 3 COMPLAINT against Building Maintenance Services LLC, Ethical Culture Fieldston School, Jordge "Doe", Sedat Osmanovic, Noel Soriano. Document filed by Mayra Obergh, Ivonne Brito. (rdz) Modified on 6/9/2021 (sac). |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mayra Obergh. (rdz) Modified on 6/9/2021 (sac). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ivonne Brito..(rdz) |
| Case Designated ECF. (rdz) |
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