McCarthy v. Butler Tibbetts, LLC
| David J. McCarthy |
| Butler Tibbetts, LLC and Tibbets, Keating & Butler, LLC |
| 1:2021cv09119 |
| November 3, 2021 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on December 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #8 Notice of Voluntary Dismissal - Signed,,, Add and Terminate Parties, to David J. McCarthy at 9 East 45th Street, Ninth Floor, New York, NY 10017. (dsh) |
| Filing 8 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(l)(A)(i): Pursuant to F.R.C.P. 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff, David J. McCarthy, hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Butler Tibbetts, LLC, formerly known as Tibbetts, Keating & Butler, LLC. Butler Tibbetts, LLC terminated. (Signed by Judge John G. Koeltl on 12/27/2021) (kv) Transmission to Docket Assistant Clerk for processing. |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #7 Notice of Voluntary Dismissal was reviewed and referred to Judge John G. Koeltl for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Pro Se case. (km) |
| Filing 7 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Butler Tibbetts, LLC. Document filed by David J. McCarthy. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). (sc) |
| Filing 6 AMENDED COMPLAINT, re: amending #1 Complaint against Butler Tibbetts, LLC.Document filed by David J. McCarthy. Related document: #1 Complaint.(sc) |
| Mailed a copy of #5 Order, to David J. McCarthy at 9 East 45th Street, Ninth Floor, New York, NY 10017. (dsh) |
Filing 5
ORDER: The Court directs the plaintiff to show cause, by filing a written declaration within 21 days of the date of this Order, why the Court should not dismiss the complaint for failing to allege facts showing that the Court has subject matter jurisdiction of this action. In the alternative, the Court grants the plaintiff leave to file an amended complaint within 21 days, in order to clarify his allegations about the citizenship of each of the individual members of the limited liability company named as a defendant. If the plaintiff fails to submit a declaration or amended complaint within 21 days, or if the declaration or the amended complaint does not allege adequately that the Court has subject matter jurisdiction over this action, the complaint (or amended complaint) will be dismissed for lack of subject matter jurisdiction. The Clerk of Court is directed to mail a copy of this Order to the plaintiff and note service on the docket. SO ORDERED. (Signed by Judge John G. Koeltl on 11/19/2021) (ks) Transmission to Docket Assistant Clerk for processing.
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| Magistrate Judge Barbara C. Moses 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 John G. Koeltl. Judge Laura Taylor Swain is no longer assigned to the case..(wb) |
| Pro Se Payment of Fee Processed: Check $402.00 processed by the Finance Department on 11/16/2021, Receipt Number 465401289230. (jcf) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application 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). Filing Fee due by 12/9/2021. In Forma Pauperis (IFP) Application due by 12/9/2021. (Signed by Judge Laura Taylor Swain on 11/9/2021) (Attachments: #1 IFP Application) (keb) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, to David J. McCarthy at 9 East 45th Street, Ninth Floor, New York, NY 10017. (Attachments: # 1 IFP Application) (dsh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) |
| Filing 2 CIVIL COVER SHEET.(rdz) |
| Filing 1 COMPLAINT against Butler Tibbetts, LLC. Document filed by David J. McCarthy.(rdz) |
| Case Designated ECF. (rdz) |
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