Wilson v. New York Society for the Relief of the Ruptured and Crippled, maintaining the Hospital for Special Surgery
| Omar Newton Wilson |
| New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery |
| 1:2022cv09207 |
| October 27, 2022 |
| US District Court for the Southern District of New York |
| James L Cott |
| Analisa Torres |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 LETTER addressed to Judge Analisa Torres from O. Wilson, re: As you know, I have not submitted an opposing response t thje findings of Magistrate Judge James L. Cott. This was due on 10/6/23. I mean no disrespect to the Court. I am not an attorney, but going into this process, I believed that my case was strong enough to present an opportunity to help me reclaim my life etc. Document filed by Omar Newton Wilson.(sc) |
| Filing 32 NOTICE OF SUPPLEMENTAL AUTHORITY. Document filed by Omar Newton Wilson. (sc) |
Filing 31
MEMO ENDORSEMENT on re: #30 Letter, filed by Omar Newton Wilson ENDORSEMENT GRANTED. SO ORDERED. (Objections to R&R due by 10/6/2023) (Signed by Judge Analisa Torres on 9/26/2023) (jca)
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| Filing 30 LETTER addressed to Judge Analisa Torres from O. Wilson, re: NOTICE OF MOTION FOR EXTENSION OF TIME FOR FILING OBJECTION(AMENDED) - I request an additional two weeks to submit the objection. This would make it due on 10/6/23. Document filed by Omar Newton Wilson.(sc) |
| Filing 29 REPORT AND RECOMMENDATION re: #18 MOTION to Dismiss . filed by New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery. For the foregoing reasons, the motion to dismiss should be granted and Wilson's state and city claims dismissed on jurisdictional grounds, but Wilson should be given leave to amend his Title VII claim. Objections to R&R due by 9/21/2023 (Signed by Magistrate Judge James L. Cott on 9/7/2023) (tg) |
| Filing 28 NOTICE OF RESPONSE TO DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY, re: #27 Notice (Other). Document filed by Omar Newton Wilson. (sc) |
| Filing 27 NOTICE of Notice of Supplemental Authority re: #18 MOTION to Dismiss .. Document filed by New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery. (Attachments: #1 Exhibit Opinion and Order -Dennison v. Bon Secours Charity Health System Medical Group, P.C.).(Guilfoyle, Justin) |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss . . Document filed by New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Traub, Amy) |
| Filing 25 PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS, re: #18 MOTION to Dismiss . Document filed by Omar Newton Wilson. (sc) |
| Filing 24 LETTER addressed to Judge Analisa Torres from O.N. Wilson, re: "NOTICE OF OPPOSITION OF MOTION TO DISMISS" -In 2021, Plaintiff requested an exemption from Covid 19 vaccination based on religion/creed, which is protected under State and Federal law. Defendant terminated the plaintiff from employment for failure to comply with vaccination requirement for employment. Document filed by Omar Newton Wilson.(sc) |
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Filing 23
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). Particular Motion: ECF No. 18, MTD. Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Analisa Torres on 4/6/2023) (kv)
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 3/28/2023) (ks)
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| Set/Reset Deadlines: Responses due by 5/8/2023 (ks) |
| Filing 21 NOTICE OF MOTION, Re: for Extension of Time to submit opposing response to the HSS Motion entered on 3/6/23. Document filed by Omar Newton Wilson.(sc) |
| Filing 20 DECLARATION of Amy J. Traub in Support re: #18 MOTION to Dismiss .. Document filed by New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-New York State Division of Human Right's Determination and Order After Investigation).(Traub, Amy) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss . . Document filed by New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Traub, Amy) |
| Filing 18 MOTION to Dismiss . Document filed by New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Traub, Amy) |
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Filing 17
ORDER granting #16 Letter Motion for Leave to File Document. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 2/22/2023) (kv)
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| Set/Reset Deadlines: Motions due by 3/6/2023. Responses due by 4/3/2023 Replies due by 4/17/2023. (kv) |
| Filing 16 LETTER MOTION for Leave to File Motion to Dismiss and Establish a Briefing Schedule addressed to Judge Analisa Torres from Justin A. Guilfoyle dated February 13, 2023. Document filed by New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Guilfoyle, Justin) |
| Filing 15 NOTICE OF APPEARANCE by Justin Anthony Guilfoyle on behalf of New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Guilfoyle, Justin) |
| Filing 14 NOTICE OF APPEARANCE by Amy Joy Traub on behalf of New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery..(Traub, Amy) |
| Filing 13 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery, served on 1/17/2023, answer due 2/7/2023. Service was accepted by K. Thomas, Risk Mgmt. Document filed by Omar Newton Wilson. (sc) |
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Filing 12
ORDER. The request for an extension of time for an additional 90 days for service to be effected is granted. As the summons issued on November 9, 90 days from that date is February 7, 2023. Accordingly, plaintiff will have (via the Marshals) until May 8, 2023 to effect service of his complaint. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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| Filing 11 LETTER addressed to Magistrate Judge James L. Cott from O.N. Wilson, re: NOTICE OF MOTION FOR EXTENSION OF TIME FOR SERVICE" - As of 1/10/23, the U.S. Marshals Service has not effected service on the defendant etc. Please grant me an additional amount of 90 days for service, extending the due date to 4/25/23/. Document filed by Omar Newton Wilson.(sc) |
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Filing 10
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). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Analisa Torres on 1/3/2023) (vfr)
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Filing 9
INFORMATION PACKAGE MAILED to Omar Newton Wilson, at 2756 Lurting Avenue, Bronx, NY 10469, on 11/9/2022 Re: #6 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, a copy of the Mediation Referral Order for Pro Se Employment Discrimination Cases, 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). (sha)
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| Filing 8 SUMMONS ISSUED as to New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery. (sha) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/9/2022 Re: Judge Analisa Torres #6 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) New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery. (sha) |
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Filing 7
ORDER...This pro se case is referred for mediation to the Southern District of New York's Mediation Program. Local Rule 83.9 shall govern the mediation. The parties are directed to participate in the mediation in good faith. The Clerk of Court is directed to attempt to locate pro bono counsel to represent Plaintiff at the mediation. Pro bono counsel will contact Plaintiff directly. The time to assign a mediator under Local Civil Rule 83.9 and the Court's Mediation Program Procedures will be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent Plaintiff solely for purposes of the mediation, and that representation will terminate at the conclusion of the mediation process. Any objection by Plaintiff either to the mediation or to the Court's request for pro bono counsel to represent Plaintiff in the mediation must be filed within 14 days of this order. SO ORDERED. (Signed by Judge Analisa Torres on 11/8/2022) (kv)
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Filing 6
ORDER: To allow Plaintiff to effect service on Defendant, New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surge1y, through the U.S. Marshals Service, the Clerk of Court is directed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for Defendant. The Clerk of Court is further directed to issue a summons and deliver to the Marshals Service all the pape1work necessary for the Marshals Service to effect service upon this defendant. If the complaint is not served within 90 days after the date the summons is issued, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiffs responsibility to request an extension of time for service). Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Analisa Torres on 11/8/2022) (kv) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge James L. Cott 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (sac) |
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Filing 4
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 11/4/2022) (sha)
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| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Omar N. Wilson consents to receive electronic service via the ECF system. Document filed by Omar Newton Wilson..(rdz) |
| Filing 2 COMPLAINT against New York Society for the Relief of the Ruptured and Crippled, maintaining the Hospital for Special Surgery. Document filed by Omar Newton Wilson..(rdz) (Main Document 2 replaced on 10/31/2022) (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Omar Newton Wilson..(rdz) |
| Case Designated ECF. (rdz) |
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| Plaintiff: Omar Newton Wilson | |
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| Defendant: New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery | |
| Represented By: | Amy Joy Traub |
| Represented By: | Justin Anthony Guilfoyle |
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