Brock v. The City of New York et al
| Mandela Brock |
| The City of New York, William DeBlasio and Eric Adams |
| 1:2021cv11094 |
| December 28, 2021 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Analisa Torres |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 (2ND)PROPOSED AMENDED COMPLAINT, re: amending #24 Amended Complaint, against Eric Adams, The City of New York, William DeBlasio, Dekel Valtzer, Kyle Thomas, and Joanne Rodriguez, with JURY DEMAND.Document filed by Mandela Brock. Related document: #24 Amended Complaint.(sc) |
| Filing 26 LETTER addressed to Judge Analisa Torres from M. Brock, re: "REPORT & RECOMMENDATION" -Please take notice that the plaintiff no longer consents to this action being adjudicated by a Magistrate for, the plaintiff believes, and it can be reasonably inferred, that this Magistrate Judge, Stewart A. Aaron, adjudicates by exhibiting biases and abusing his discretion for he stated, "The Court in its discretion, finds that the plaintiff has not plausibly alleged any claims against Defendants Valtzer, Thomas and Rodriguez etc." Document filed by Mandela Brock.(sc) Modified on 2/7/2022 (nb). |
Filing 25
REPORT AND RECOMMENDATION AND ORDER: For the foregoing reasons it is hereby ORDERED that Plaintiff's motion for leave to amend is GRANTED IN PART and DENIED IN PART. Plaintiff may, within fourteen (14) days, file a Second Amended Complaint adding only Avo Shopping Company as a defendant, but not Valtzer, Thomas and Rodriguez. In addition, pursuant to the January 7, 2022 Order of Service previously entered in this case, Plaintiff shall remove former Mayor DeBlasio as a defendant in this case. In addition, I respectfully recommend that Plaintiffs motion for preliminary injunction and TRO be DENIED. SO ORDERED. Objections to R&R due by 2/11/2022 (Signed by Magistrate Judge Stewart D. Aaron on 1/28/2022) (kl)
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Filing 23
AMENDED 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). Preliminary Injunction and Temporary Restraining Order - ECF Nos. 12; 20. Specific Non-Dispositive Motion/Dispute Proposed Order to Show Cause for a Letter re Amending Complaint - ECF Nos. 15, 22. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Analisa Torres on 1/25/2022) (ate)
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| Filing 24 PROPOSED (2ND) AMENDED COMPLAINT, re: amending #11 Amended Complaint against AVO Shipping Company, Eric Adams, William DeBlasio, Joanne Rodriguez, The City of New York, Kyle Thomas, Dekel Valtzer with JURY DEMAND.Document filed by Mandela Brock. Related document: #11 Amended Complaint.(sc) |
| Filing 22 LETTER addressed to Judge Analisa Torres from M. Brock dated 1/20/22 re: I am writing you this letter to ask if I may Amend my Complaint to add my employers Avo Shipping Company etc. Document filed by Mandela Brock.(sc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #20 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt) |
| Filing 21 AMENDED AFFIDAVIT(Affirmaton) of M. Brock IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER, re: #20 Proposed Order to Show Cause Without Emergency Relief. Document filed by Mandela Brock. (Attachments: #1 Exhibit)(sc) |
| Filing 20 AMENDED PROPOSED ORDER TO SHOW CAUSE (WITHOUT EMERGENCY RELIEF)FOR PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER. Document filed by Mandela Brock. (Attachments: #1 Exhibit).(sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***DELETED DOCUMENT. Deleted document number 19 Amended Complaint. The document was incorrectly filed in this case. (sc) |
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Filing 18
ORDER: By Order, dated January 20, 2022 (see Am. Order of Ref., ECF No. 17), Plaintiff's letter, dated January 20, 2022, seeking to amend his complaint for a second time1 (see Pl.'s 1/20/22 Ltr., ECF No. 15), was referred to the undersigned for disposition. In his January 20 letter, Plaintiff requests that "he be allowed to amend his filing, adding Avo Shopping Company to the instant action." (See id.) The Court construes Plaintiffs letter as a motion to amend, pursuant to Rule 15 of the Federal Rules of Civil Procedure. For the reasons set forth below, Plaintiff's motion is DENIED WITHOUT PREJUDICE. It is a "general rule that a motion to amend must be accompanied by a proposed amended pleading." See Taylor v. Trigeno, No. 16-CV-01143 (GHW), 2021 WL 6070444, at *3 (S.D.N.Y. Dec. 21, 2021). A copy of the proposed amended complaint must accompany the motion so that the Court can understand the exact changes sought, see In re Crude Oil Commodity Litig., No. 06-CV- 06677 (NRB), 2007 WL 2589482, at *4 (S.D.N.Y. Sept. 8, 2007), as well as the relief sought as to each of the defendants. Thus, if Plaintiff wishes to be granted leave to file another amended pleading, he shall file a proposed Second Amended Complaint no later than January 28, 2022. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/21/2022) (js)
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| Set/Reset Deadlines: Amended Pleadings due by 1/28/2022. (js) |
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Filing 17
AMENDED ORDER OF REFERENCE TO A 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) Prelimina1y Injunction and Temporary Restraining Order - ECF No. 12 and Specific Non-Dispositive Motion/Dispute Proposed Order to Show Cause for a Letter re Amending Complaint - ECF No. 15. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Analisa Torres on 1/20/2022) (kv)
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| Filing 16 CERTIFICATE OF SERVICE of copy of Affidavit in Support of Order to Show Cause with a TRO & Proposed Order with TRO; served on New York City Corporation Counsel on 1/20/22. Service was made by email to serviceecf@law.nyc.gov. Document filed by Mandela Brock. (sc) |
| Filing 15 LETTER from M. Brock, dated 1/20/22 re: I am writing this letter to ask if I may amend my Complaint to add my employer, Avo Shopping Company, whose corporate offices are located at 328 25th Street, New York, NY 10010. Avo Shopping Company is a "private company" but has moved into the realm of being a "state actor" etc. Document filed by Mandela Brock.(sc) |
| Filing 14 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Mandela Brock consents to receive electronic service via the ECF system. Document filed by Mandela Brock.(sc) |
| Filing 13 AFFIDAVIT(Affirmation) of Mandela Brock IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER, re: #12 Proposed Order to Show Cause Without Emergency Relief. Document filed by Mandela Brock. (Attachments: #1 Exhibit)(sc) |
| Filing 12 PROPOSED ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER(WITHOUT EMERGENCY RELIEF). Document filed by Mandela Brock. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt) |
| Filing 11 AMENDED COMPLAINT, re: amending #2 Complaint against Eric Adams, William DeBlasio, The City of New York with JURY DEMAND.Document filed by Mandela Brock. Related document: #2 Complaint.(sc) |
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Filing 10
INFORMATION PACKAGE MAILED to Mandela Brock 366 West 127th Street Apt. 5F New York, NY 10027, at, on 1/7/2022 Re: #7 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, Order granting IFP application, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan)
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Filing 9
ORDER OF REFERENCE TO A 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). Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Analisa Torres on 1/7/2022) (kv)
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Filing 8
ORDER re: #3 Order to Show Cause - Unsigned filed by Mandela Brock. Plaintiffs request for a TRO and preliminary injunction (ECF No. 3) is denied without prejudice to renewal at a later date. 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 in forma pauperis 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 demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Analisa Torres on 1/7/2022) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing 7
ORDER OF SERVICE: The Clerk of Court is directed, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, to substitute Eric Adams, in his official capacity as Mayor of the City of New York, for former Mayor Bill DeBlasio. The Clerk of Court is further instructed to issue summonses, complete the USM-285 forms with the addresses for the City of New York and Mayor Eric Adams, and deliver all documents necessary to effect service to the U.S. Marshals Service. 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 demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Analisa Torres on 1/7/2022) (kv) Transmission to Pro Se Assistants for processing.
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| Mailed a copy of #8 Order to Mandela Brock at 366 West 127th Street, Apt. 5F, New York, NY 10027. (kh) |
| SUMMONS ISSUED as to Eric Adams, The City of New York. (aan) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/7/2022 Re: Judge Analisa Torres #7 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Eric Adams, The City of New York. (aan) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (aea) |
| Magistrate Judge Stewart D. Aaron 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. (aea) |
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Filing 5
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 1/5/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 LETTER from M. Brock, dated 1/5/22 re: My Complaint included a request for a TRO and an Injunction against the named defendants for the institution of their mandated vaccination which is discriminatory etc. This mandate has unconstitutionally created a favored class of citizens/ nationals. Further, said mandate unconstitutionally denied equal access to public and private facilities.The need for a TRO and an Injunction against the defendants is urgent for I have now been denied the right to work(EXHIBIT A) at my place of employment. Document filed by Mandela Brock. (Attachments: #1 Exhibit)(sc) |
| Filing 3 UNSIGNED ORDER TO SHOW CAUSE For Preliminary Injunction and Temporary Restraining Order filed by Mandela Brock. (rdz) |
| Filing 2 COMPLAINT against William DeBlasio, The City of New York. Document filed by Mandela Brock..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mandela Brock..(rdz) |
| Case Designated ECF. (rdz) |
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