Reid v. Mckelvey et al
| Jessica Nicole Reid |
| Leonard Larry Mckelvey and Iheartmedia, Inc. |
| 1:2022cv10708 |
| December 19, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Ona T Wang |
| P.I.: Other |
| 28 U.S.C. § 1391 Personal Injury |
| None |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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Filing 13
INFORMATION PACKAGE MAILED to Jessica Nicole Reid, at 7474 Creedmoor Rd Box 218, Raleigh, NC 27613, on 2/16/2023 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, 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 Summons(es) mailed. (sha)
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| Filing 12 SUMMONS ISSUED as to Iheartmedia, Inc., Leonard Larry Mckelvey. (sha) |
| Filing 11 MOTION for Michael E. Weinsten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27353761. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Leonard Larry Mckelvey. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Proposed Order).(Grygiel, Michael) |
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Filing 10
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Counsel who have entered an appearance as of the date of this order are directed to notify all other parties' attorneys in this action by serving upon each of them a copy of this order. If unaware of the identity of counsel for any of the parties, counsel receiving this order must send a copy of this order to that party personally. SO ORDERED. Initial Conference set for 5/3/2023 at 12:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Magistrate Judge Ona T. Wang on 2/16/2023) (tg)
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| MAILING RECEIPT: Document No: 8. Mailed to: Jessica Nicole Reid 7474 Creedmoor Rd Box 218 Raleigh, NC 27613. (kh) |
| MAILING RECEIPT: Document No: 9. Mailed to: Jessica Nicole Reid 7474 Creedmoor Rd Box 218 Raleigh, NC 27613. (kh) |
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Filing 9
ORDER: By separate Order being entered today, this case is being referred to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters an appearance, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/15/2023) (tg)
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Filing 8
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): All such motions. Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Valerie E. Caproni on 2/15/2023) (tg)
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Filing 7
ORDER OF SERVICE: Plaintiff, who is proceeding pro se, paid the filing fees to commence this action. The Clerk of Court is directed to issue summonses as to Defendants Leonard Larry McKelvey, professionally known as Charlamagne tha God, and iHeartMedia, Inc. Plaintiff is directed to serve the summons and complaint on each Defendant within 90 days of the issuance of the summonses. If within those 90 days, Plaintiff has not either served Defendants or requested an extension of time to do so, the Court may dismiss the claims against Defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/15/2023) (tg)
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| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Iheartmedia, Inc. waiver sent on 12/21/2022, answer due 2/21/2023; Leonard Larry Mckelvey waiver sent on 12/21/2022, answer due 2/21/2023. Document filed by Jessica Nicole Reid. (sc) |
| Magistrate Judge Ona T. Wang 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 Valerie E. Caproni. Judge Laura Taylor Swain is no longer assigned to the case. (sac) |
| Pro Se Payment of Fee Processed: $402.00 Money Order processed by the Finance Department on 1/6/2023, Receipt Number 10763. (prs) |
| MAILING RECEIPT: Document No: 4. Mailed to: Jessica Nicole Reid 7474 Creedmoor Rd Box 218 Raleigh, NC 27613. (dsh) |
| CASHIERS OFFICE REMARK on Transmission to Finance Unit (Cashiers) in the amount of $402.00, paid on 12/29/2022,improper payment being returned on 12/30/2022: tracking number: 7019 0700 0000 1508 0585, pursing transmission to Finance Unit..(prs) |
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Filing 4
ORDER DIRECTING PAYMENT OF FEE: No summons shall issue at this time. The Court directs Plaintiff, within thirty days of the date of this order, to pay the $402.00 in fees by using one of the acceptable forms of payment noted above. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. The Finance Department is directed to return the $402.00 personal check to Plaintiff at the address listed on the docket. 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, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).SO ORDERED. Filing Fee due by 1/30/2023. In Forma Pauperis (IFP) Application due by 1/30/2023. (Signed by Judge Laura Taylor Swain on 12/29/22) (rdz)
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| Deficient Pro Se Payment of Fee Received Incorrect Payment Type received by the Finance Department on 12/29/2022, in the amount of $402.00. Payment will be held by the Finance Office pending further order of the Court. (prs) |
| Transmission to Finance Unit (Cashiers). Transmitted re: #4 Order Directing Payment of Fee or IFP Application, to the Finance Unit (Cashiers) for case processing..(rdz) |
| MAILING RECEIPT: Document No: 3. Mailed to: Jessica Nicole Reid 7474 Creedmoor Rd Box 218 Raleigh, NC 27613. (ok) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 1/26/2023. In Forma Pauperis (IFP) Application due by 1/26/2023. (Signed by Judge Laura Taylor Swain on 12/27/2022) (sha)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 2 CIVIL COVER SHEET.(rdz) |
| Filing 1 COMPLAINT against Iheartmedia, Inc., Leonard Larry Mckelvey. Document filed by Jessica Nicole Reid..(rdz) |
| Case Designated ECF. (rdz) |
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