Deniran v. Museum of Modern Art et al
Plaintiff: Diemiruaya Ogheneakpor Deniran
Defendant: Museum of Modern Art and Caroline Clements
Case Number: 1:2021cv09660
Filed: November 22, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Alison J Nathan
Referring Judge: Sarah Netburn
Nature of Suit: Civil Rights: Jobs
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2022 Opinion or Order Filing 12 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Sarah Netburn. Motion Dkt. No. 7 referred to Sarah Netburn. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/10/2022) (vfr)
January 10, 2022 Opinion or Order Filing 11 ORDER: Accordingly, it is hereby ORDERED that if Plaintiff intends to file an amended complaint, he shall do so by February 5, 2022. Plaintiff is hereby advised that any amended complaint will completely replace the original complaint. Accordingly, if Plaintiff files an amended complaint, it should include all of the information he believes is necessary to make a short, plain statement explaining why he is entitled to relief against each defendant. Plaintiff is on notice that declining to amend his pleadings to timely respond to a fully briefed argument in the Defendants' January 5, 2022 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendants' briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility."). If Plaintiff chooses to amend, Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that they intend to rely on the initially-filed motion to dismiss. IT IS FURTHER ORDERED that if no amended complaint is filed, Plaintiff shall serve his opposition to Defendants' motion to dismiss by February 5, 2022. Defendants' reply, if any, shall be served by two weeks after the opposition. At the time any reply is served, Defendants shall supply Chambers with a courtesy copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED that either party may request an extension of the briefing schedule for the motion. A deadline will be extended if the party demonstrates that its pursuit of the action has been diligent and that there is a good reason for extending the deadline. The Clerk's office is respectfully directed to mail a copy of this order to Mr. Deniran and note the mailing on the public docket. SO ORDERED. ( Amended Pleadings due by 2/5/2022.) (Signed by Judge Alison J. Nathan on 1/10/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
January 10, 2022 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Debra C. Freeman. Please note that this is a reassignment of the designation only..(wb)
January 10, 2022 Mailed a copy of #11 Order, Set Deadlines, to Diemiruaya Ogheneakpor Deniran at 3155 Rochambeau Avenue, #9D, Bronx, NY 10467. (dsh)
January 10, 2022 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah Netburn. Please note that this is a reassignment of the designation only..(wb)
January 5, 2022 Filing 10 CERTIFICATE OF SERVICE of Defendants' Notice of Appearance, Defendants' Notice of Motion to Dismiss the Complaint, Defendants' Memorandum of Law in Support of Defendants' Notice of Motion to Dismiss the Complaint, Defendant The Museum of Modern Art's Rule 7.1 Disclosure Statement, the Local Civil Rule 12.1 Notice to a Pro Se Litigant who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings, and copies of unpublished cases required by Local Civil Rule 7.2 served on Diemiruay Ogheneakpor Deniran on January 5, 2022. Service was made by Federal Express Overnight Mail. Document filed by Caroline Clements, Museum of Modern Art..(Robbins, Howard)
January 5, 2022 Filing 9 NOTICE of TO PRO SE LITIGANT WHO OPPOSES A RULE 12 MOTION SUPPORTED BY MATTERS OUTSIDE THE PLEADINGS re: #7 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Caroline Clements, Museum of Modern Art..(Robbins, Howard)
January 5, 2022 Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Caroline Clements, Museum of Modern Art..(Robbins, Howard)
January 5, 2022 Filing 7 MOTION to Dismiss Plaintiff's Complaint. Document filed by Caroline Clements, Museum of Modern Art..(Robbins, Howard)
January 5, 2022 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Museum of Modern Art..(Robbins, Howard)
January 5, 2022 Filing 5 NOTICE OF APPEARANCE by Howard Zachary Robbins on behalf of Caroline Clements, Museum of Modern Art..(Robbins, Howard)
December 17, 2021 Filing 4 CERTIFICATE OF SERVICE of Summons and Complaint. Caroline Clements, served on 12/13/2021, answer due 1/3/2022. Service was accepted by Caroline Clements, Benefits Manager. Document filed by Diemiruaya Ogheneakpor Deniran. (sc)
December 17, 2021 Filing 3 CERTIFICATE OF SERVICE of Summons and Complaint. Museum of Modern Art, served on 12/13/2021, answer due 1/3/2022. Service was accepted by Caroline Clements, Benefits Manager. Document filed by Diemiruaya Ogheneakpor Deniran. (sc)
November 22, 2021 Filing 1 COMPLAINT against Caroline Clements, Museum of Modern Art. (Filing Fee $402.00, Receipt Number 465401289577) Document filed by Diemiruaya Ogheneakpor Deniran. (sac)
November 22, 2021 Case Designated ECF. (sac)
November 22, 2021 SUMMONS ISSUED as to Caroline Clements, Museum of Modern Art. (sac)
November 22, 2021 Magistrate Judge Kevin Nathaniel Fox 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. (sac)

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Plaintiff: Diemiruaya Ogheneakpor Deniran
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Defendant: Museum of Modern Art
Represented By: Howard Zachary Robbins
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Defendant: Caroline Clements
Represented By: Howard Zachary Robbins
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