Cullum et al v. Wyndham Hotels & Resorts Corp. et al
| Ms. Sandra L. Cullum and Ms. Deirdre Saleh |
| Wyndham Hotels & Resorts Corp., Wyndham Destinations Inc., Geoffrey A. Ballotti, Wyndham Hotels (WH) & Resorts, Inc., Ms. Elisabeth Gale doing business as Wyndham Corporate Office & Headquarters and Broadridge Corporate Issuer Solutions |
| 1:2022cv09700 |
| November 14, 2022 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Sarah Netburn |
| Laura Taylor Swain |
| Other Fraud |
| 15 U.S.C. § 1638 Truth in Lending |
| Plaintiff |
Docket Report
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Filing 48
LETTER addressed to Judge Laura Taylor Swain dated Sandra L. Cullum and Deidre Saleh,re: PLAINTIFF'S MOTION REQUEST FORMAL DOCUMENTED KEY SETTLEMENT OFFER PRESENTED TO THE DEFENDANT'S URGENT & MATERIAL MOTION. Document filed by Sandra L. Cullum, Deirdre Saleh.(sc)
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Filing 47
LETTER from Sandra Cullum, Deirere Saleh re: The corrected address for Ms. Deirdre Saleh is as follows: 2675 W. 36th St., Apt. 1E, Brooklyn, NY 11224. Document filed by Sandra L. Cullum, Deirdre Saleh.(sc)
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Received returned mail re: #46 Order Staying Case. Mail was addressed to Deirdre Saleh 2675 W. 36th St. Brooklyn, NY 11224 and was returned for the following reason(s): Return To Sender- Insufficient Address..(ta)
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MAILING RECEIPT: Document No: 46. Mailed to: Deirdre Saleh 2675 W. 36th St. Brooklyn, NY 11224. (sha)
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Filing 46
ORDER: Plaintiffs have again filed two motions related to discovery. See ECF Nos. 44, 45; see also ECF No. 43 ("The Court does not intend to issue a Rule 16(b) order until Defendants' pending motions to dismiss-one of which seeks to compel arbitration-are resolved. The Court also finds no basis for permitting expedited discovery. Accordingly, Plaintiffs' motions are premature, and denied without prejudice."). Discovery in this matter is hereby STAYED pending resolution of the motions to dismiss. See ECF Nos. 21, 29, 33. Accordingly, Plaintiffs' motions remain premature, and are denied without prejudice. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 8/14/2023) (mml)
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Filing 45
REQUEST DOCUMENT INPUTS: REQUEST FOR RULE 26(F)-CONFERENCE PURS. TO RULE 26(F). Document filed by Sandra L. Cullum, Deirdre Saleh. (sc)
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Filing 44
REQUEST DOCKET INPUTS: PLAINTIFF'S ANALYSIS OF RESPONSE TO OUR FINDINGS BRIEF. Document filed by Sandra L. Cullum. (sc)
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Received returned mail re: #43 Order on Motion to Seal, Order on Motion for Miscellaneous Relief. Mail was addressed to Deirdre Saleh, 2675 W. 36th St., Brooklyn, NY 11224 and was returned for the following reason(s): Return To Sender No Such Number Unable to Forward Return To Sender. (vn)
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Mailed a copy of Notice of Case Assignment/Reassignment to Sandra L. Cullum at 2770 West 5th Ave. Apt. 7A Brooklyn, NY 11224. (sgz)
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NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Ronnie Abrams is no longer assigned to the case. (vba)
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Received returned mail re: #41 Order Referring Case to Magistrate Judge, #40 Memo Endorsement. Mail was addressed to Deirdre Saleh, 2675 W. 36th St., Brooklyn, NY 11224 and was returned for the following reason(s): Return To Sender Insufficient Address Unable To Forward. (vn)
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MAILING RECEIPT: Document No: 43. Mailed to: Deirdre Saleh 2675 W. 36th St. Brooklyn, NY 11224. (kh)
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Filing 43
ORDER terminating #38 Motion to Seal; terminating #39 Motion re: #38 MOTION to Seal., #39 MOTION for Subpoena Duces Tecum re: #38 MOTION to Seal. The Court does not intend to issue a Rule 16(b) order until Defendants' pending motions to dismiss-one of which seeks to compel arbitration-are resolved. The Court also finds no basis for permitting expedited discovery. Accordingly, Plaintiffs' motions are premature, and denied without prejudice. The Clerk of Court is respectfully directed to terminate the gavels at ECF Nos. 38 and 39. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/5/2023) (tg)
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Filing 42
RESPONSE to Motion re: #39 MOTION for Subpoena Duces Tecum re: #38 MOTION to Seal.., #38 MOTION to Seal. . Document filed by Geoffrey A. Ballotti, Broadridge Corporate Issuer Solutions, Wyndham Destinations Inc., Wyndham Hotels (WH) & Resorts, Inc...(Bluestone, Lawrence)
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MAILING RECEIPT: Document No: 40,41. Mailed to: Deirdre Saleh 2675 W. 36th St. Brooklyn, NY 11224. (ok)
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Filing 41
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 Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge Ronnie Abrams on 5/30/2023) (ate)
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Filing 40
MEMO ENDORSEMENT on re: #38 MOTION to Seal. filed by Deirdre Saleh, Sandra L. Cullum. ENDORSEMENT: This case has been referred by separate order to Magistrate Judge Netburn for general pretrial purposes. All pretrial issues or disputes shall be raised with Judge Netburn. (Signed by Judge Ronnie Abrams on 5/30/2023) (ate)
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Received returned mail re: #36 Order, Set Deadlines. Mail was addressed to Deirdre Saleh 2675 W. 36th St. Brooklyn, NY 11224 and was returned for the following reason(s): Return To Sender- Insufficient Address. (ta)
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Filing 39
MOTION re: for Subpoena Duces Tecum, #38 MOTION to Seal. Document filed by Sandra L. Cullum, Deirdre Saleh. (sac)
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Filing 38
MOTION re: Sealing request for Subpoena Duces Tecum. Document filed by Sandra L. Cullum, Deirdre Saleh. (sac)
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Filing 37
(RESPONSE) PLAINTIFF'S OBJECTION TO DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT re: #21 MOTION to Dismiss Plaintiffs' Amended Complaint., re: #29 MOTION to Dismiss Plaintiffs' Amended Complaint., re: #33 MOTION to Dismiss or Alternatively; MOTION for More Definite Statement . Document filed by Sandra L. Cullum, Deirdre Saleh. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (sac)
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MAILING RECEIPT: Document No: 36. Mailed to: Deirdre Saleh 2675 W. 36th St. Brooklyn, NY 11224. (kh)
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Filing 36
ORDER: On March 9, 2023, Wyndham Hotels & Resorts, Inc. and Geoffrey A. Ballotti filed a motion to dismiss Plaintiffs' amended complaint; on April 10, 2023 Wyndham Destinations, Inc., filed its motion to dismiss; and on April 19, 2023, Defendant Broadridge Corporate Issuer Solutions, LLC filed its motion to dismiss. To date, Plaintiffs have not filed any response. If Plaintiffs intend to file an opposition to the motions to dismiss, they shall do so by May 26, 2023. SO ORDERED. ( Responses due by 5/26/2023) (Signed by Judge Ronnie Abrams on 5/15/2023) (vfr)
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Received returned mail re: #20 Order. Mail was addressed to Deirdre Saleh, 2675 W. 36th St., Brooklyn, NY 11224 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn)
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Filing 35
CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Memorandum of Law in Support, Certificate of Service (and copy of Unpublished Decisions) served on Plaintiffs Sandra L. Cullum and Deirdre Saleh on 4/19/2023. Service was made by Mail. Document filed by Broadridge Corporate Issuer Solutions..(Bluestone, Lawrence)
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Filing 34
MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss or Alternatively. MOTION for More Definite Statement . . Document filed by Broadridge Corporate Issuer Solutions..(Bluestone, Lawrence)
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Filing 33
MOTION to Dismiss or Alternatively., MOTION for More Definite Statement . Document filed by Broadridge Corporate Issuer Solutions..(Bluestone, Lawrence)
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Received returned mail re: #17 Memo Endorsement, Set Deadlines. Mail was addressed to Deirdre Saleh, 2675 W. 36th St., Brooklyn, NY 11224 and was returned for the following reason(s): Return To Sender Insufficient Address Unable. (vn)
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Filing 32
CERTIFICATE OF SERVICE of Defendant's Motion to Dismiss Plaintiffs' Amended Complaint served on Plaintiffs, Sandra L. Cullum and Deirdre Saleh on 4/10/2023 and 4/11/2023. Service was made by ECF (4/10/2023) & Overnight Mail (4/11/2023). Document filed by Wyndham Destinations Inc...(Conklin, Caitlin)
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Filing 31
DECLARATION of Caitlin C. Conklin in Support re: #29 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Wyndham Destinations Inc.. (Attachments: #1 Exhibit 1).(Conklin, Caitlin)
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Filing 30
MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Wyndham Destinations Inc...(Conklin, Caitlin)
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Filing 29
MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by Wyndham Destinations Inc...(Conklin, Caitlin)
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Filing 28
AFFIDAVIT OF SERVICE of Summons and 30/60 Days Amended Complaint,. Wyndham Destinations Inc. served on 3/20/2023, answer due 4/10/2023. Service was accepted by Katelin Chesnicka, Wyndham Destinations. Document filed by Sandra L. Cullum; Deirdre Saleh. (ok)
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Filing 27
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Broadridge Corporate Issuer Solutions served on 3/30/2023, answer due 4/20/2023. Service was accepted by Ms. Liz Fredericks. Document filed by Sandra L. Cullum; Deirdre Saleh. (ok)
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Filing 26
CERTIFICATE OF SERVICE of Unpublished Decisions cited in filed Memorandum of Law served on Sandra L. Cullum and Deirdre Saleh on 3/13/2023. Service was made by Federal Express Overnight Mail. Document filed by Geoffrey A. Ballotti, Wyndham Hotels & Resorts Corp., Wyndham Hotels (WH) & Resorts, Inc...(Conklin, Caitlin)
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Filing 25
CERTIFICATE OF SERVICE of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint served on Plaintiffs, Sandra L. Cullum and Deirdre Saleh on 3/9/2023 and 3/10/2023. Service was made by ECF (3/9/2023) & Overnight Mail (3/10/2023). Document filed by Geoffrey A. Ballotti, Wyndham Hotels & Resorts Corp., Wyndham Hotels (WH) & Resorts, Inc...(Conklin, Caitlin)
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Filing 24
AMENDED MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Geoffrey A. Ballotti, Wyndham Hotels & Resorts Corp., Wyndham Hotels (WH) & Resorts, Inc...(Conklin, Caitlin)
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Filing 23
DECLARATION of Marc Merriweather in Support re: #21 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Geoffrey A. Ballotti, Wyndham Hotels & Resorts Corp., Wyndham Hotels (WH) & Resorts, Inc...(Conklin, Caitlin)
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Filing 22
MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Geoffrey A. Ballotti, Wyndham Hotels & Resorts Corp., Wyndham Hotels (WH) & Resorts, Inc...(Conklin, Caitlin)
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Filing 21
MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by Geoffrey A. Ballotti, Wyndham Hotels & Resorts Corp., Wyndham Hotels (WH) & Resorts, Inc...(Conklin, Caitlin)
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MAILING RECEIPT: Document No: 20. Mailed to: Deirdre Saleh 2675 W. 36th St. Brooklyn, NY 11224. (dsh)
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Filing 20
ORDER: On March 1, 2023, Plaintiffs filed a letter with the Court indicating that they have been unable to effect service on Defendants. As the Court noted in its February 10, 2023 order, the NYLAG Legal Clinic, which is run by a non-profit organization independent from the Court, is available to assist individuals representing themselves in civil actions in this Court. Plaintiffs may thus consider contacting the NYLAG clinic to seek advice regarding serving Defendants. Attached to this Order is a flyer containing information about the NYLAG Clinic. To the extent Plaintiffs require an extension of time to serve the summons and complaint, they may request one from the Court. (Signed by Judge Ronnie Abrams on 3/3/2023) (ate)
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Filing 19
LETTER addressed to Judge Ronnie Abrams from Sandra Cullum, Deirdre Saleh, re: "UPDATES ON SERVICES ACTIONS FOR (FL OFFICES) WYNDHAM HOTELS & RESORTS CORP. - WYNDHAM DESTINATIONS, INC.; (NJ/NY OFFICES)BROADRIDGE CORP. ISSUER SOLUTIONS" - We as a family seek full restitution of damages through punitive, civil and compensatory support based on our Complaint for the egregious acts encountered. Also, of critical discussion points, like any day the most common measure of compensatory damages for the court claims of fraud support our claim of the fraudulent misrepresentation and outcomes of these damages and negligence the defendants are embarking on. Document filed by Sandra L. Cullum, Deirdre Saleh.(sc)
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Filing 18
AFFIDAVIT OF SERVICE of Summons and 30/60 Days Amended Complaint. Geoffrey A. Ballotti, served on 2/16/2023, answer due 3/9/2023. Service was accepted by Marc Merriwather, Group VP Litig. Document filed by Deirdre Saleh. (sc)
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MAILING RECEIPT: Document No: 17. Mailed to: Deirdre Saleh 2675 W. 36th St. Brooklyn, NY 11224. (kh)
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter, filed by Sandra L. Cullum. ENDORSEMENT: Plaintiffs shall serve the summons issued on November 14, 2022, along with the Amended Complaint on all the parties that have not yet been properly served. Plaintiffs are reminded that service by certified mail is not permitted under the federal rules. See, e.g., Cassano v. Altshuler, 186 F. Supp. 3d 318, 321 (S.D.N.Y. 2016) (noting that service on individuals by certified mail "is not permitted under the federal or applicable state rules"); Conway v. Am. Red Cross, No. 10-CV-1859 (SJF)(ARL), 2010 WL 4722279, at *4 (E.D.N.Y. Nov. 15, 2010) ("Service on a corporation solely by certified mail, return receipt requested, is insufficient."). Plaintiffs may direct questions regarding service to the Pro Se Intake Unit at (212) 805-0175. Plaintiffs are advised that they may contact the NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York, which is independent from the Court, to seek assistance with this case. Attached to this Order is a flyer containing information about the NYLAG clinic, as well as the Court's special rules and practices in civil pro se cases. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/10/2023) (mml)
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Filing 16
LETTER addressed to Judge Ronnie Abrams from Sandra Cullum, dated 2/6/23 re: Plaintiff further would like to ask for the Court's understanding in determining if service is required, since we do not have updated Summonses for all Defendants signed from this Amended Complaint, or do we utilize the old Summons etc.? Document filed by Sandra L. Cullum.(sc)
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Filing 15
AMENDED COMPLAINT against Geoffrey A. Ballotti, Broadridge Corporate Issuer Solutions, Elisabeth Gale, Wyndham Destinations Inc., Wyndham Hotels & Resorts Corp., Wyndham Hotels (WH) & Resorts, Inc. amending #1 Complaint, with JURY DEMAND.Document filed by Sandra L. Cullum, Deirdre Saleh. Related document: #1 Complaint.(sc)
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Received returned mail re: #5 Order. Mail was addressed to Deirdre Saleh, 2675 W. 36th St., Brooklyn, NY 11224 and was returned for the following reason(s): Return To Sender Insufficient Address Unable To Forward, No Apt. #. (vn)
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Filing 14
ORDER. In light of the Court's December 20, 2022 order to amend the complaint, Plaintiffs' request is denied. As directed in that order, Plaintiffs must amend the Complaint within 60 days of the date of the order, and Defendants are not required to respond to the original complaint. The Court also notes that service of process by certified mail is not permitted under the federal rules, and that Plaintiffs must serve Defendants consistent with Federal Rule of Civil Procedure 4. See, e.g., Cassano v. Altshuler, 186 F. Supp. 3d 318, 321 (S.D.N.Y. 2016) (noting that service on individuals by certified mail "is not permitted under the federal or applicable state rules"); Conway v. Am. Red Cross, No. CV 10-1859 SJF ARL, 2010 WL 4722279, at *4 (E.D.N.Y. Nov. 15, 2010) ("Service on a corporation solely by certified mail, return receipt requested is insufficient."). SO ORDERED. (Signed by Judge Ronnie Abrams on 12/28/22) (yv)
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Filing 13
LETTER from S. Collum and D. Saleh, dated 12/12/22 re: "LETTER REF. MOTION - NOTICE TO TERMINATE CONTRACT & SALES AGREEMENT: & SEEKING DEFAULT JUDGMENT MOTION" - We kindly request to the Federal Court to endorse the petition to the Court through this formal motion to terminate and halt all payments requirements etc. Document filed by Sandra L. Cullum, Deirdre Saleh.(sc)
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Filing 12
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Broadridge Corporate Issuer Solutions, served on 11/25/2022, answer due 12/16/2022. Service was made by Cert. Mail. Document filed by Sandra L. Cullum; Deirdre Saleh. (sc)
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Filing 11
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Wyndham Hotels (WH) & Resorts, Inc. served on 11/25/2022, answer due 12/16/2022. Service was made by Cert. Mail. Document filed by Sandra L. Cullum; Deirdre Saleh. (sc)
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Filing 10
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Geoffrey A. Ballotti served on 11/25/2022, answer due 12/16/2022. Service was made by Cert. Mail. Document filed by Sandra L. Cullum. (sc)
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Filing 9
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Wyndham Destinations Inc. served on 11/29/2022, answer due 12/20/2022. Service was made by Cert. Mail. Document filed by Sandra L. Cullum. (sc)
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Filing 8
AFFIDAVIT OF SERVICE of Notice of Appearance of Lawrence Bluestone [ECF No. 6]; Notice of Appearance of Cynthia P. McNutt [ECF No. 4]; Rule 7.1 Disclosure [ECF No. 7] served on Sandra Cullum and Deirdre Saleh on 12/22/22. Service was made by Certified Mail. Document filed by Broadridge Corporate Issuer Solutions..(Bluestone, Lawrence)
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Broadridge Financial Solutions, Inc., Corporate Parent Broadridge Output Solutions, LLC for Broadridge Corporate Issuer Solutions. Document filed by Broadridge Corporate Issuer Solutions..(Bluestone, Lawrence)
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Filing 6
NOTICE OF APPEARANCE by Lawrence Bluestone on behalf of Broadridge Corporate Issuer Solutions..(Bluestone, Lawrence)
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MAILING RECEIPT: Document No: 5. Mailed to: Deirdre Saleh 2675 W. 36th St. Brooklyn, NY 11224. (dsh)
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Filing 5
ORDER TO AMEND: The Court grants Plaintiffs leave to file an amended complaint that complies with the standards set forth above. Plaintiffs must submit the amended complaint to this Court's Pro Se Intake Unit within 60 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 1:22-CV-9700 (RA). An Amended Complaint Form is attached to this order. Defendants are not required to respond until after Plaintiffs have filed an amended complaint. If Plaintiffs fail to comply within the time allowed, and they cannot show good cause to excuse such failure, the Court may dismiss this action for lack of subject-matter jurisdiction and for failure to state a claim on which relief may be granted. 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). (Signed by Judge Ronnie Abrams on 12/20/2022) (ate)
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Filing 4
NOTICE OF APPEARANCE by Cynthia P. McNutt on behalf of Broadridge Corporate Issuer Solutions..(McNutt, Cynthia)
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Filing 2
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Sandra L. Cullum consents to receive electronic service via the ECF system. Document filed by Deirdre Saleh..(rdz)
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Filing 1
COMPLAINT against Geoffrey A. Ballotti, Broadridge Corporate Issuer Solutions, Elisabeth Gale, Wyndham Destinations Inc., Wyndham Hotels & Resorts Corp., Wyndham Hotels (WH) & Resorts, Inc.. (Filing Fee $ 402.00, Receipt Number 8492)Document filed by Sandra L. Cullum, Deirdre Saleh..(rdz)
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Case Designated ECF. (rdz)
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SUMMONS ISSUED as to Geoffrey A. Ballotti, Broadridge Corporate Issuer Solutions, Elisabeth Gale, Wyndham Destinations Inc., Wyndham Hotels & Resorts Corp., Wyndham Hotels (WH) & Resorts, Inc...(rdz)
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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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