Shapiro v. Adams et al
| Norman Shapiro |
| Eric Adam, New York Police Dept., DCAS, Officer of Labor Relation, Mayor Eric Adams and The City of New York |
| 1:2022cv02603 |
| March 30, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Jobs |
| None |
Docket Report
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| Filing 24 LETTER addressed to Judge Katherine Polk Failla from Norman Shapiro, dated 5/27/22 re: The facts of the case are that the defendants are violating the Plaintiff's Religious Civil Rights by denying the plaintiff reasonable accomodation for religious purposes etc. In addition, besides terminating the plaintiff for his religious beliefs, they are also denying him his health insurance benefits which he is entitled to under his pension plan.. Document filed by Norman Shapiro.(sc) |
| Filing 23 LETTER addressed to Judge Katherine Polk Failla from N. Shapiro, dated 5/10/22 re: Attached is the revised complaint for the Court's consideration and approval. I request that your Honor inform me if this complaint has to be served to the defendants and, if so, whether it is necessary to request new summonses etc. Document filed by Norman Shapiro. (Attachments: #1 Exhibit 1)(sc) |
| Filing 22 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Eric Adams served on 5/17/2022, answer due 6/7/2022. Service was accepted by NYC Law Dept.(unnamed person). Document filed by Norman Shapiro. (sc) |
| Filing 21 SUMMONS RETURNED EXECUTED. Summons and Complaint served. The City of New York served on 5/17/2022, answer due 6/7/2022. Service was accepted by NYC Law Dept.(unnamed person). Document filed by Norman Shapiro. (sc) |
| Mailed a copy of #6 Summons Issued, #5 Summons Issued to Norman Shapiro 1422 E. 13th St. Brooklyn, NY 11230. (dsh) |
| MAILING RECEIPT: Document No: 20. Mailed to: Norman Shapiro 1422 E. 13th St. Brooklyn, NY 11230. (dsh) |
Filing 20
MEMO ENDORSEMENT on re: #19 Letter,, filed by Norman Shapiro. ENDORSEMENT: The Court is in receipt of Plaintiff's above letter. For the reasons stated above, the Clerk of Court is directed to reissue summonses as to Defendants City of New York and Mayor Eric Adams. The Court expects that Plaintiff will promptly serve copies of the summonses and the complaint on Defendants. Further, given the delay in service, the Court excuses Defendants from their obligation to submit a status letter on or before May 20, 2022. (See Dkt. #17). Additionally, Plaintiff may amend his pleading within 21 days of serving it on Defendants in accordance with Federal Rule of Civil Procedure 4. See Fed. R. Civ. P. 15(a)(1)(A). If Plaintiff requires additional time to amend his complaint, he is directed to ask Defendants whether they consent to an extension of time and to inform the Court of both his request and Defendants' position on his request. The Clerk of Court is directed to mail a copy of this endorsement to Plaintiff's address of record. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/11/2022) (jca)
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| Filing 19 LETTER addressed to Judge Katherine Polk Failla from N. Shapiro, dated 5/10/22 re: As per the Honorable Judge's request, dated 5/5/22, I will have the two summonses served again with a copy of the Complaint upon receipt of the summonses from the Court. I will need new copies of the summonses which require the Court's approval. I am unsure if I can meet the 5/20/22 deadline, as Your Honor's letter dated 5/5/22 was just received etc., so I am asking for an extension. Document filed by Norman Shapiro.(sc) |
| Filing 18 LETTER addressed to Judge Katherine Polk Failla from N. Shapiro, dated 5/9/22 re: It is requested that even if the termination(employment) is valid, the defendants are still violating my rights providing the health insurance since I have health benefits as part of my pension benefits. It is requested that my health insurance be reinstated immediately and punitive damages assessed. Document filed by Norman Shapiro.(sc) |
| MAILING RECEIPT: Document No: 17. Mailed to: Norman Shapiro 1422 E. 13th St. Brooklyn, NY 11230. (kh) |
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter, filed by The City of New York, Eric Adams. ENDORSEMENT: The Court is in receipt of Defendants' above letter. As the Court stated in its April 28, 2022 endorsement, the Court expects that Plaintiff will effectuate service in accordance with Federal Rule of Civil Procedure 4(c)(1) by serving both the summons and a copy of the Complaint on Defendants. (Dkt. #15). To that end, the Court directs Defendants to file a letter stating whether service has been effectuated on or before May 20, 2022. Additionally, the Court hereby ORDERS the parties to appear for a video conference on July 20, 2022, at 11:00 a.m. The parties shall be prepared to address the allegations set forth in Plaintiff's Complaint (Dkt. #1) and April 6, 2022 letter (Dkt. #8). The conference will proceed by Microsoft Teams. Access instructions will be provided to the parties closer to the date of the conference. Lastly, the Court is attaching to this endorsement a copy of an informational flyer for the New York Legal Assistance Group ("NYLAG"). Plaintiff is encouraged to contact NYLAG in advance of the July 20, 2022 conference and to discuss with an attorney how best to frame his claims, including whether his constitutional claim is best framed as an as applied (rather than a facial) challenge under the First Amendment or a procedural due process challenge under the Fourteenth Amendment in light of the decisions set forth in Defendants' above letter. The Clerk of Court is directed to mail a copy of the above letter, this endorsement, and the attached informational flyer to Plaintiff's addressof record. ( Status Conference set for 7/20/2022 at 11:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/5/2022) (rro)
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| Filing 16 LETTER addressed to Judge Katherine Polk Failla from Laura C. Williams dated May 4, 2022 re: summarizing the status of litigation addressing the issues raised in Plaintiff's Complaint and April 18, 2022 letter. Document filed by Eric Adams, The City of New York..(Williams, Laura) |
| MAILING RECEIPT: Document No: 15. Mailed to: Norman Shapiro 1422 E. 13th St. Brooklyn, NY 11230. (dsh) |
| Filing 15 MEMO ENDORSEMENT on re: #14 Letter filed by The City of New York, Eric Adams. ENDORSEMENT: The Court is in receipt of Defendants' above letter. Plaintiff isdirected to effectuate service on Defendants in accordance with Federal Rule of Civil Procedure 4. Plaintiff may wish to consult page 2 of the information package that was mailed to him by the Court's Pro Se Unit for more information on how to effectuate service and for an overview of the resources available to him. (See Dkt. #7). Defendants are directed to file their letter summarizing the status of related litigation on or before May 4, 2022. The Clerk of Court is directed to mail a copy of this endorsement to Plaintiff's address of record. (Signed by Judge Katherine Polk Failla on 4/28/2022) (rro) |
| Filing 14 LETTER addressed to Judge Katherine Polk Failla from Laura C. Williams dated April 27, 2022 re: Plaintiff Has Not Properly Effected Service on Defendants. Document filed by Eric Adams, The City of New York..(Williams, Laura) |
| Filing 13 NOTICE OF APPEARANCE by Laura Christine Williams on behalf of Eric Adams, The City of New York..(Williams, Laura) |
| MAILING RECEIPT: Document No: 12. Mailed to: Norman Shapiro 1422 E. 13th St. Brooklyn, NY 11230. (kh) |
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Filing 12
MEMO ENDORSEMENT: on re: #11 Letter filed by Norman Shapiro. ENDORSEMENT: The Court is in receipt of Plaintiff's above letter. The Court understands that Defendants were served in this matter on April 12, 2022, and that their answers are due May 3, 2022. (Dkt. #9, 10). The Court expects that counsel for Defendants will file a notice of appearance on the docket promptly. Within one week of filing his or her notice of appearance, counsel for Defendants is hereby ORDERED to submit a brief letter apprising the Court of the status of any litigation, state or federal, addressing the issues raised in Plaintiff's Complaint (Dkt. #1) and his above letter. In particular, counsel shall inform the Court of any decisions addressing whether to provide a temporary restraining order or other emergency relief under comparable circumstances. The Clerk of Court is directed to mail a copy of this endorsement to Plaintiff's address of record. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/20/2022) (ama)
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| Filing 11 LETTER addressed to Judge Katherine Polk Failla from N. Shapiro, dated 4/18/22 re: I am requesting a temporary restraining order ex parte. I have just received a letter from my former employer on 4/18/22 stating I was terminated on 4/8/22. I never received a hearing for this termination etc. I am requesting the restraining order because I am currently 67 years old and, by the time this case is resolved, I might not be able to perform the tasks required of me in my position. Document filed by Norman Shapiro.(sc) |
| Filing 10 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Eric Adams, served on 4/12/2022, answer due 5/3/2022. Service was accepted by unnamed person at NYC Law Dept. Document filed by Norman Shapiro. (sc) |
| Filing 9 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. The City of New York, served on 4/12/2022, answer due 5/3/2022. Service was accepted by unnamed person at NYC Law Dept. Document filed by Norman Shapiro. (sc) |
| Filing 8 LETTER addressed to Judge Katherine Polk Failla from N. Shapiro, dated 4/6/22, re: I claimed a religious exemption from the Covid vaccine mandate. The case revolves around the First Amendment of the U.S. Constitution. I have submitted a letter from my Clergyman attesting to my refusal of the vaccine due to religious beliefs. New York City is disregarding the letter claiming that the reason for not receiving the vaccine is not for religious reasons. It is my sincere desire that you will allow me to return to my previous position with New York City. Document filed by Norman Shapiro.(sc) |
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Filing 7
INFORMATION PACKAGE MAILED to Norman Shapiro 1422 E. 13th St. Brooklyn, NY 11230, at, on 4/6/2022 Re: #4 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, 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), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 2 copies of Summons(es) mailed. (aan)
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| Filing 6 SUMMONS ISSUED as to Eric Adams. (aan) |
| Filing 5 SUMMONS ISSUED as to The City of New York. (aan) |
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Filing 4
ORDER OF SERVICE: For the foregoing reasons, the Court dismisses Plaintiff's claims against the NYPD, DCAS, and OLR. The Clerk of Court is directed to add the City of New York as a Defendant, and to correct the spelling of Mayor Eric Adams's name on the docket. The Clerk of Court is further directed to issue summonses as to Defendants City of New York and Mayor Eric Adams. Lastly, the Clerk of Court is directed to mail a copy of this Order to Plaintiff's address of record. SO ORDERED. The City of New York added. Officer of Labor Relation, DCAS and New York Police Dept. terminated. (Signed by Judge Katherine Polk Failla on 4/5/2022) (rro) Transmission to Pro Se Assistants for processing.
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| Filing 2 LETTER addressed to Judge Katherine Polk Failla from N. Shapiro, dated 4/1/22 re: It seems I am making a lot of mistakes in serving the summons. I tried to get someone else to serve it but, after filling out the back, he backed out. I was wondering if I can withdraw the suit and refile it without losing my filing fee or having to pay additional fees etc. In any case, the defendant was served improperly, so I will need a new summons in order to serve them properly. Document filed by Norman Shapiro.(sc) |
| Filing 1 COMPLAINT against Eric Adam, DCAS, New York Police Dept., Officer of Labor Relation. (Filing Fee $ 402.00, Receipt Number 465401296242)Document filed by Norman Shapiro..(rdz) |
| Case Designated ECF. (rdz) |
| SUMMONS ISSUED as to Eric Adam, DCAS, New York Police Dept., Officer of Labor Relation..(rdz) |
| Magistrate Judge Sarah Netburn 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. (rdz) |
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