Binns-Harty-Bolt v. McDonough et al
| Rinella C. Binns-Harty-Bolt |
| Denis McDonough, Helen Zhang, Deborah Innella, Yvonne Morris, Dawnmarie Nevins, Jun Oh, Jodi Doran, Linda Dawson, Stephanie Comas-Papanikos, Martha Smith, Steve Bailyn, Terry Jackson, Jacob Fondie, Kevin Grundig, Geraldine Damiani-Brezler, Jodi Jackson, Anre Chance, Titilola Olugbakinro, Alan Wolin, Andre Green, Lee Hall, Jillian Pepe, Tommy Burns, Martina Paruda, Andre Chance and Andy Green |
| 1:2021cv07276 |
| August 27, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 SECOND AMENDED COMPLAINT amending #11 Amended Complaint, against Steve Bailyn, Tommy Burns, Andre Chance, Stephanie Comas-Papanikos, Geraldine Damiani-Brezler, Linda Dawson, Jodi Doran, Jacob Fondie, Andy Green, Kevin Grundig, Lee Hall, Deborah Innella, Jodi Jackson, Terry Jackson, Denis McDonough, Yvonne Morris, Dawnmarie Nevins, Jun Oh, Titilola Olugbakinro, Martina Paruda, Jillian Pepe, Martha Smith, Alan Wolin, Helen Zhang with JURY DEMAND.Document filed by Rinella C. Binns-Harty-Bolt. Related document: #11 Amended Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2A, #3 Exhibit 2B-1, #4 Exhibit 2B-2, #5 Exhibit 2C, #6 Exhibit 2D, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23A, #28 Exhibit 23B, #29 Exhibit 24, #30 Exhibit 25A, #31 Exhibit 25B, #32 Exhibit 26, #33 Exhibit 27, #34 Exhibit 28, #35 Exhibit 29, #36 Exhibit 30, #37 Exhibit 31, #38 Exhibit 32, #39 Exhibit 33, #40 Exhibit 34, #41 Exhibit 35, #42 Exhibit 36, #43 Exhibit 37, #44 Exhibit 38, #45 Exhibit 39, #46 Exhibit 40, #47 Exhibit 41, #48 Exhibit 42, #49 Exhibit 43, #50 Exhibit 44, #51 Exhibit 45, #52 Exhibit 46, #53 Exhibit 47, #54 Exhibit 48A, #55 Exhibit 48B, #56 Exhibit 49, #57 Exhibit 50, #58 Exhibit 51A, #59 Exhibit 51B, #60 Exhibit 51C, #61 Exhibit 52, #62 Exhibit 53, #63 Exhibit 54, #64 Exhibit 55, #65 Exhibit 56A, #66 Exhibit 56B, #67 Exhibit 57, #68 Exhibit 58, #69 Exhibit 59, #70 Exhibit 60, #71 Exhibit 61, #72 Exhibit 62, #73 Exhibit 63, #74 Exhibit 64, #75 Exhibit 65, #76 Exhibit 66, #77 Exhibit 67, #78 Exhibit 68, #79 Exhibit 69, #80 Exhibit 70, #81 Exhibit 71, #82 Exhibit 72, #83 Exhibit 73, #84 Exhibit 74).(sac) |
Filing 23
ORDER TO AMEND: The Clerk of Court is directed to terminate Plaintiff's motion to amend/correct the amended complaint (ECF 20.) The Clerk of Court is further directed to docket the proposed second amended complaint (ECF 20-1) as a second amended complaint, and to docket the proposed exhibits to the second amended complaint (ECF 20-2 through 20-75) as individual exhibits to the second amended complaint. Plaintiff is granted leave to file a third amended complaint that complies with the standards set forth above. Plaintiff must submit the third amended complaint to this Court's Pro Se Intake Unit within thirty days of the date of this order, caption the document as an "Third Amended Complaint," and label the document with docket number 21-CV-7276 (LTS). A Third 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 action will be dismissed for failure to state a claim upon which relief may be granted. The Court denies Plaintiff's requests for a temporary restraining order and preliminary injunctive relief (ECF 14, 15, 18, 19) without prejudice to renewal at a later date. The Court also denies Plaintiff's application for the Court to request pro bono counsel (ECF 2) without prejudice to renewal at a later time. 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 an appellant demonstratesgood faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to transmit a copy of this order to Plaintiff. Plaintiff has consented to receive electronic service of notices and documents in this action. (ECF 3.) Motions terminated: #2 APPLICATION for the Court to Request Counsel, filed by Rinella C. Binns-Harty-Bolt; #20 MOTION to Amend/Correct #11 Amended Complaint, filed by Rinella C. Binns-Harty-Bolt; #15 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction, filed by Rinella C. Binns-Harty-Bolt; #14 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction, filed by Rinella C. Binns-Harty-Bolt. (Signed by Judge Laura Taylor Swain on 10/18/2021) (sac)
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| Filing 22 WAIVER OF SERVICE RETURNED EXECUTED. Alan Wolin waiver sent on 10/14/2021, answer due 12/13/2021. Document filed by Alan Wolin..(Nieto, Alexandra) |
| Filing 21 MEMORANDUM OF LAW FOR MOTIONS AGAINST WOLIN'S LIEN FOR TROs AND/R PRELIMINARY INJUNCTION, re: #14 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction. Document filed by Rinella C. Binns-Harty-Bolt. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(sc) |
| Filing 20 MOTION to Amend/Correct #11 Amended Complaint. Document filed by Rinella C. Binns-Harty-Bolt. (Attachments: #1 Main Document, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit, #62 Exhibit, #63 Exhibit, #64 Exhibit, #65 Exhibit, #66 Exhibit, #67 Exhibit, #68 Exhibit, #69 Exhibit, #70 Exhibit, #71 Exhibit, #72 Exhibit, #73 Exhibit, #74 Exhibit, #75 Exhibit)(sc) |
| Filing 19 MOTION FOR TEMPORARY RESTRAINING ORDER(TRO) AND/OR PRELIMINARY INJUNCTION TO BE PAID MONIES DUE AS A DIRECT RESULT OF A DUE PROCESS VIOLATION IN CASE 1:21-CV-07276-LTS. Document filed by Rinella C. Binns-Harty-Bolt. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (sc) |
| Filing 18 MOTION FOR TEMPORARY RESTRAINIG ORDER (TRO) AND/OR PRELIMINARY INJUNCTION ENJOINING THE AGENCY & ITS OFFICERS FROM CLAIMING A LAWFUL FINAL ORDER OF 8/19/21 IN CASE 1:21-CV-7276-LTS ETC. Document filed by Rinella C. Binns-Harty-Bolt. (Attachments: #1 Exhibit) (sc) |
| Filing 17 MASTER MEMORANDUM OF LAW IN SUPPORT OF 10/14/21 MOTIONS, re: #14 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction., #15 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction.. Document filed by Rinella C. Binns-Harty-Bolt. (Attachments: #1 Errata, #2 Exhibit, #3 Exhibit)(sc) |
| Filing 16 MASTER MOTION STATEMENT IN SUPPORT OF 10/14/21 MOTIONS. Document filed by Rinella C. Binns-Harty-Bolt. (Attachments: #1 Exhibit).(sc) |
| Filing 15 MOTION FOR A TEMPORARY RESTRAINING ORDER(TRO) AND/OR PRELIMINARY INJUNCTION TO BE PAID MONIES DUE AS A DIRECT RESULT OF A DUE PROCESS VIOLATION IN CASE 1:21-CV-7276-LTS BINNS-HARRY-BOLT V. MCDONOUGH ET AL. Document filed by Rinella C. Binns-Harty-Bolt. (Attachments: #1 Exhibit, #2 Exhibit)(sc) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) Modified on 10/15/2021 (sc). |
| Filing 14 MOTION FOR TEMPORARY RESTRAINING ORDER(TRO) AND/OR PRELIMINARY INJUNCTION ENJOINING ALAN WOLIN AND WOLIN & WOLIN FROM MAINTAINING A LIEN ON CASE 1:21-CV-07276-LTS BINNS-HARTY-BOLT V. MCDONOUGH ET AL. OR ANY RELATED MATTERS OR CASES. Document filed by Rinella C. Binns-Harty-Bolt. (Attachments: #1 Exhibit, #2 Exhibit)(sc) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) Modified on 10/15/2021 (sc). |
| Filing 13 NOTICE OF APPEARANCE by Alexandra Nicole Nieto on behalf of Alan Wolin..(Nieto, Alexandra) |
| Filing 12 NOTICE OF APPEARANCE by Matthew Kelly Flanagan on behalf of Alan Wolin..(Flanagan, Matthew) |
| Filing 11 AMENDED COMPLAINT amending #1 Complaint, against Steve Bailyn, Anre Chance, Stephanie Comas-Papanikos, Geraldine Damiani-Brezler, Linda Dawson, Jodi Doran, Jacob Fondie, Andre Green, Kevin Grundig, Lee Hall, Deborah Innella, Jodi Jackson, Terry Jackson, Denis McDonough, Yvonne Morris, Dawnmarie Nevins, Jun Oh, Titilola Olugbakinro, Jillian Pepe, Martha Smith, Alan Wolin, Helen Zhang with JURY DEMAND.Document filed by Rinella C. Binns-Harty-Bolt. Related document: #1 Complaint,. (Attachments: #1 Exhibit).(rdz) |
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Filing 10
ORDER: The Court directs the Clerk of Court to terminate Plaintiff's motion to amend (ECF 8). The Court further directs the Clerk of Court to docket the proposed amended complaint, ECF 8-1, as an amended complaint, and to docket ECF 8-2 through 8-9 as exhibits to the amended complaint. Plaintiff has consented to receive electronic service of notices and documents in this action. (ECF 3.) SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/21/21) (rdz)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
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Filing 9
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 9/20/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 8 MOTION TO AMEND IN CASE 1:21-CV-7276, re: to Amend/Correct #1 Complaint,. Document filed by Rinella C. Binns-Harty-Bolt. (Attachments: #1 Proposed Amended Complaint, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Errata, #8 Exhibit, #9 Exhibit)(sc) |
| Filing 7 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, re: for Permission for Rinella Binns-Harty-Bolt to participate in electronic case filing in this case. Document filed by Rinella C. Binns-Harty-Bolt.(sc) |
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Filing 6
ORDER: The Court is in receipt of Plaintiff's September 6, 2021 submission, which she describes as an "urgent motion to be granted access to the ECF for the purposes of managing the captioned case." (ECF 4.) In her submission, Plaintiff requests permission to "electronically file all relevant documents and access any documents" filed in this action and states that she has completed the online training course that is a prerequisite to being granted permission for electronic case filing. Plaintiff has not, however, filed the Motion for Permission for Electronic Case Filing form, and her submission does not include information responsive to the forms other questions. Without that information, the Court cannot determine whether Plaintiff is able to manage electronic filing. The Court therefore denies Plaintiff's motion for permission for electronic case filing (ECF 4) without prejudice to Plaintiff's submitting a motion that includes sufficient information to allow the Court to assess whether Plaintiff should be granted to permission to file documents electronically. A copy of the Motion for Permission for Electronic Case Filing form is attached to this order for Plaintiff's convenience. The Clerk of Court is directed to transmit a copy of this order to Plaintiff. Plaintiff has consented to receive electronic service of notices and documents in this action. (ECF 3.) SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/8/21) (rdz)
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| Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Rinella C. Binns-Harty-Bolt.(sc) |
| Filing 4 (URGENT) MOTION for Permission for Rinella C. Binns-Harty-Bolt to participate in electronic case filing in this case. Document filed by Rinella C. Binns-Harty-Bolt. (sac) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Rinella C. Binns-Harty-Bolt consents to receive electronic service via the ECF system. Document filed by Rinella C. Binns-Harty-Bolt..(rdz) |
| Filing 2 APPLICATION for the Court to Request Counsel. Document filed by Rinella C. Binns-Harty-Bolt..(rdz) |
| Filing 1 COMPLAINT against Deborah Innella, Denis McDonough, Helen Zhang. Document filed by Rinella C. Binns-Harty-Bolt. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit).(rdz) |
| Case Designated ECF. (rdz) |
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