Song v. Becerra
| Deming Song |
| Xavier Becerra, Defendant, Secretary, FDA Agency and HHS: Dept of Health and Human Services |
| 1:2022cv09678 |
| November 10, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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Filing 11
INFORMATION PACKAGE MAILED to Deming Song, at 64-10 181st, Freshmeadow, NY 11365, on 12/15/2022 Re: #8 Order of Service, Terminate Motions. 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 10 SUMMONS ISSUED as to Secretary Xavier Becerra, Merrick Garland, U.S. Attorney's Office, SDNY Civil Division. (sha) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 12/15/2022 Re: Judge John P. Cronan #8 Order of Service, Terminate Motions. 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) Secretary Xavier Becerra, Merrick Garland, U.S. Attorney's Office, SDNY Civil Division. (sha) |
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Filing 9
MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES IT IS ORDERED that this pro se case is referred for mediation to the Court's Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that the Clerk of Court shall 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. IT IS FURTHER ORDERED that any objection by Plaintiff either to the mediation or to the Courts 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 John P. Cronan on 12/13/2022) (jca) Transmission to Office of Pro Se Litigation for processing.
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Filing 8
ORDER OF SERVICE: The Clerk of Court is instructed to fill out a USM-285 form for Defendant Secretary Becerra. The Clerk of Court is further instructed to: (1) mark the box on the USM-285 form labeled "Check for service on U.S.A."; and (2) issue a summons and deliver to the Marshals Service a copy of this order and all other paperwork necessary for the Marshals Service to effect service on the United States. The Court denies without prejudice Plaintiff's request for the appointment of counsel. Dkt. 3. The Court denies Plaintiff's request to add Stutts as a defendant and dismisses any claim he seeks to assert under the NYSHRL. 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). SO ORDERED. Motions terminated: #3 APPLICATION for the Court to Request Counsel. filed by Deming Song. (Signed by Judge John P. Cronan on 12/13/2022) (jca) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Jennifer Willis 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 John P. Cronan. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 6 LETTER from D. Song, dated 11/29/22 re: I need to make an amendment to add a second defendant, Dominique S., into my civil law suit. I have talked to your staff by phone and send you the letter to replace necessary change. Document filed by Deming Song.(sc) |
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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 11/23/2022) (sha)
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| Filing 4 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Deming Song consents to receive electronic service via the ECF system. Document filed by Deming Song..(rdz) |
| Filing 3 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Deming Song..(rdz) |
| Filing 2 COMPLAINT against Xavier Becerra, Defendant, Secretary, FDA Agency, HHS: Dept of Health and Human Services. Document filed by Deming Song..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Deming Song..(rdz) |
| Case Designated ECF. (rdz) |
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