Marshall v. New York State Workers' Compensation Board
| Rohan Marshall |
| New York State Worker's Compensation Board |
| 1:2021cv06613 |
| August 5, 2021 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Civil Rights: Americans with Disabilities - Employment |
| None |
Docket Report
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This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to File Response/Reply re #17 FIRST MOTION to Dismiss the Complaint, addressed to Judge Lewis J. Liman from Rohan Marshall dated 9/09/2021. Plaintiff's motion for an extension of time to file its brief in opposition to the motion to dismiss to December 9, 2021 is GRANTED. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. Responses due by 12/9/2021. (Signed by Judge Lewis J. Liman on 9/9/2021) (va) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #22 Order on Motion for Extension of Time to File Response/Reply, to Rohan Marshall at 125 Ashland Place, Apt. 11B, Brooklyn, NY 11201. (dsh) |
| Filing 21 LETTER MOTION REQUEST FOR AN EXTENSION OF TIME TO FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS THE COMPLAINT: #17 FIRST MOTION to Dismiss the Complaint. addressed to Judge Lewis J. Liman from Rohan Marshall dated 9/09/2021. Document filed by Rohan Marshall.(ama) |
| Filing 20 CERTIFICATE OF SERVICE of Motion to Dismiss served on Rohan Marshall on August 26, 2021. Service was made by First Class Mail. Document filed by New York State Worker's Compensation Board..(Ysaguirre, Melissa) |
| Filing 19 MEMORANDUM OF LAW in Support re: #17 FIRST MOTION to Dismiss the Complaint. . Document filed by New York State Worker's Compensation Board..(Ysaguirre, Melissa) |
| Filing 18 DECLARATION of Melissa Ysaguirre in Support re: #17 FIRST MOTION to Dismiss the Complaint.. Document filed by New York State Worker's Compensation Board. (Attachments: #1 Exhibit A Plaintiff's Complaint to Division of Human Rights, #2 Exhibit B Defendant's Answer filed with Division of Human Rights, #3 Exhibit C Determination of the Division of Human Rights, #4 Exhibit D Dismissal and Notice of Rights).(Ysaguirre, Melissa) |
| Filing 17 FIRST MOTION to Dismiss the Complaint. Document filed by New York State Worker's Compensation Board..(Ysaguirre, Melissa) |
| Filing 16 MEMO ENDORSEMENT on re: #12 filed by New York State Worker's Compensation Board. ENDORSEMENT: The request for an extension of time to respond under August 26, 2021 is GRANTED. New York State Worker's Compensation Board answer due 8/26/2021. (Signed by Judge Lewis J. Liman on 8/17/2021) (va) |
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Filing 15
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. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/17/2021) (va)
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| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case..(wb) |
| 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. (wb) |
| Filing 13 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:21-cv-00597. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Case electronically transferred to the Southern District of New York. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Gonzalez, Fida) [Transferred from New York Eastern on 8/5/2021.] |
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ORDER: Plaintiff's #7 motion to transfer, to which Defendant does not object, is granted. The Clerk of Court is respectfully directed to transfer this case to the United States District Court for the Southern District of New York. Action on Defendant's #12 motion for an extension is reserved for the transferee court. The provision of Rule 83.1 of the Local Rules of the Eastern District of New York, which requires a seven-day stay of any order transferring venue, is waived. Ordered by Judge Pamela K. Chen on 8/4/2021. [Transferred from New York Eastern on 8/5/2021.]
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| Filing 12 MOTION for Extension of Time to File Answer , Move to Dismiss or Otherwise Respond to Complaint by New York State Workers' Compensation Board. (Ysaguirre, Melissa) [Transferred from New York Eastern on 8/5/2021.] |
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ORDER: granting #10 Motion for Extension of Time to File Answer or Otherwise Respond to Complaint. The Defendant shall file an answer, move or otherwise respond to the Complaint on or before 08/12/2021. So Ordered by Magistrate Judge Marcia M. Henry on 7/9/2021. (Gans, Courtney) [Transferred from New York Eastern on 8/5/2021.]
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ORDER: Plaintiff has filed a motion to transfer venue #7 from the Eastern District of New York to the Southern District of New York. By 07/29/2021, Defendant shall file a response indicating whether it stipulates to the transfer or the basis for its opposition. So Ordered by Magistrate Judge Marcia M. Henry on 07/09/2021. (Gans, Courtney) [Transferred from New York Eastern on 8/5/2021.]
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| Filing 10 First MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by New York State Workers' Compensation Board. (Ysaguirre, Melissa) [Transferred from New York Eastern on 8/5/2021.] |
| Filing 9 NOTICE of Appearance by Melissa Ellen Ysaguirre on behalf of New York State Workers' Compensation Board (aty to be noticed) (Ysaguirre, Melissa) [Transferred from New York Eastern on 8/5/2021.] |
| Filing 7 Letter MOTION to Change Venue (To Transfer Case to Southern District of N.Y., filed by Rohan Marshall.(Main Document 7 replaced on 6/30/2021). (Layne, Monique). [Transferred from New York Eastern on 8/5/2021.] |
| Filing 8 SUMMONS Returned Executed by Rohan Marshall. New York State Workers' Compensation Board served on 6/21/2021, answer due 7/12/2021. (Layne, Monique) [Transferred from New York Eastern on 8/5/2021.] |
| Case Reassigned to Magistrate Judge Marcia M. Henry. Magistrate Judge Lois Bloom no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) [Transferred from New York Eastern on 8/5/2021.] |
| Filing 11 CERTIFICATE OF SERVICE by Rohan Marshall re #8 Summons Returned Executed (Herrera, Isaiah) [Transferred from New York Eastern on 8/5/2021.] |
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Filing 6
ORDER: The Court notified plaintiff that he was required to serve defendant with the summons and complaint by May 11, 2021 pursuant to Federal Rule of Civil Procedure 4(m). ECF No. 5. No proof of service has been filed for defendant. In light of plaintiff's pro se status, the Court extends the time for him to serve defendant. Plaintiff shall have 30 days from this Order to serve the summons and his complaint on defendant and to file proof of service with the Court. If proof of proper service upon defendant is not filed by June 24, 2021, or if plaintiff fails to show good cause why such service has not been effected by that date, I will recommend that the Court should dismiss this action without prejudice pursuant to Federal Rule of Civil Procedure 4(m). Ordered by Magistrate Judge Lois Bloom on 5/25/2021. (Wilhelm, Samantha) [Transferred from New York Eastern on 8/5/2021.]
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Filing 5
ORDER: The Honorable Pamela K. Chen assigned this case to me for all pretrial purposes. Enclosed is a copy of the "Individual Practices of Magistrate Judge Lois Bloom." Plaintiff and defendants, alike, are required to follow these rules. Plaintiff is to provide a copy of this Order and the enclosed rules to defendants along with the summons and complaint. Plaintiff shall have 90 days from the date of this Order to serve defendants and file proof of service with the Court. Accordingly, if proper service is not made upon defendants by 5/11/2021, or if plaintiff fails to show good cause why such service has not been effected by that date, it will be recommended that the Court should dismiss this action without prejudice. Plaintiff may choose to receive electronic notification of court issued filings in this civil case. If plaintiff is eligible and wishes to receive electronic notification of court issued documents, plaintiff should complete the attached Registration and Consent form and return the form to the Court. Plaintiff is advised that even if she chooses to receive electronic notifications in this action, she is still required to advise the Court of any change to her mailing address. SO ORDERED by Magistrate Judge Lois Bloom, on 2/10/2021. C/mailed w/Attachments: #1 Individual Practices of Magistrate Judge Lois Bloom, #2 Instruction for Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases, #3 Pro Se Registration and Consent Form. (Service upon the Defendant due by 5/11/2021.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/5/2021.]
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| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 8/5/2021.] |
| Filing 3 FILING FEE: $ 402.00, receipt number 4653154883 (Bowens, Priscilla) [Transferred from New York Eastern on 8/5/2021.] |
| Filing 2 Summons Issued as to New York State Workers' Compensation Board. (Bowens, Priscilla) [Transferred from New York Eastern on 8/5/2021.] |
| Filing 1 COMPLAINT against New York State Workers' Compensation Board, filed by Rohan Marshall. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) [Transferred from New York Eastern on 8/5/2021.] |
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| Plaintiff: Rohan Marshall | |
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| Defendant: New York State Worker's Compensation Board | |
| Represented By: | Melissa Ellen Ysaguirre |
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