Jane Doe v. New York City Department of Education (NYC DOE) et al
| Jane Doe |
| New York City Department of Education (NYC DOE), Dr. Linda Chen, Kimberly Wittmer, Lucious Young and Nora Lovett |
| 1:2023cv00198 |
| January 8, 2023 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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Mailed a copy of #21 Order to Plaintiff. (kh)
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Filing 21
ORDER: The Court is in receipt of a letter dated February 9, 2023 from the pro se Plaintiff. [ECF No. 17.] Among other things, Plaintiff requests that the Court "amend[]" its Order granting Defendants an extension of time to respond to the Complaint. [See ECF Nos. 12, 16, 17.] That request is DENIED. This Court has "inherent authority to manage [its] dockets... with a view toward the efficient and expedient resolution of cases." Dietz v. Bouldin, 579 U.S. 40, 47 (2016). Moreover, the pro se Plaintiff is reminded of her obligation to avoid "frivolous or vexatious filings." Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 477 (2d Cir. 2006) (citation omitted). The Court is also in receipt of Plaintiff's motion for leave to proceed under a pseudonym and amended motion for leave to proceed under a pseudonym. [See ECF Nos. 18, 20.] The Court will consider these motions in due course. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff at her address of record. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/23/2023) (tg)
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Filing 19
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Lucious Young served on 1/31/2022, answer due 2/21/2022. Service was made by mail(nail & mail). Document filed by Jane Doe. (sc)
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Filing 17
LETTER addressed to Judge Mary Kay Vyskocil from Jane Doe, dated 2/9/23 re: (AMENDED COMPLAINT W/PSEUDONYM)" -Therefore, Plaintiff requests that the Order granting sixty additional days to Defendant DOE be denied; and that the extension be amended to grant the defendants no more than twenty-one days etc. Document filed by Jane Doe.(sc)
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Mailed a copy of #16 Order on Motion for Extension of Time to Plaintiff. (dsh)
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Filing 16
ORDER granting #12 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/2/2023) (tg)
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Set/Reset Deadlines: New York City Department of Education (NYC DOE) answer due 4/7/2023. (tg)
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Filing 15
AFFIDAVIT OF SERVICE. New York City Department of Education (NYC DOE) served on 1/12/2023, answer due 2/2/2023. Service was accepted by PERSON. Document filed by New York City Department of Education (NYC DOE)..(ks)
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Filing 14
AFFIDAVIT OF SERVICE. Nora Lovett served on 1/21/2023, answer due 2/13/2023. Service was accepted by Norah Ann Lovett. Document filed by Jane Doe..(ks)
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Filing 13
LETTER addressed to Judge Mary Kay Vyskocil from Jane Doe dated 1/27/2023 re: letter filing attached proof of service. Document filed by Jane Doe..(ks)
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Filing 12
FIRST LETTER MOTION for Extension of Time to respond to the Complaint addressed to Judge Mary Kay Vyskocil from Rene Macioce dated 1/30/2023. Document filed by New York City Department of Education (NYC DOE)..(Macioce, Rene)
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Filing 11
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Linda Chen served on 1/24/2023, answer due 2/14/2023. Service was accepted by Linda Pei Chen. Document filed by Jane Doe..(rro)
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Amended Complaint served on Kimberly Wittmer on 1/20/2023. Service was made by Mail. Document filed by Jane Doe..(rro)
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Filing 9
NOTICE OF APPEARANCE by Rene Macioce on behalf of New York City Department of Education (NYC DOE)..(Macioce, Rene)
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Filing 8
INFORMATION PACKAGE MAILED to Jane Doe on 1/17/2023 Re: #5 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), 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) - 5 Summons(es) mailed. (sha)
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Filing 7
SUMMONS ISSUED as to New York City Department of Education, Dr. Linda Chen, Kimberly Wittmer, Lucious Young, and Nora Lovett. (sha)
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Filing 6
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 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 Mary Kay Vyskocil on 1/13/2023) (tg)
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Filing 5
ORDER OF SERVICE: Plaintiff brings this pro se employment discrimination action, for which the filing fees have been paid, asserting claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e to 2000e-17, and the Americans with Disabilities Act of 1990, 42 U.S.C. 12112-12117. The Clerk of Court is directed to issue summonses as to Defendants New York City Department of Education, Dr. Linda Chen, Kimberly Wittmer, Lucious Young, and Nora Lovett. Plaintiff is directed to serve the summonses and complaint on Defendants 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. USM-285 Form due by 2/13/2023. Request for Issuance of Summons due by 2/13/2023. (Signed by Judge Mary Kay Vyskocil on 1/13/2023) (tg)
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Filing 4
ORDER denying without prejudice 2 Motion for Preliminary Injunction. This case was assigned to me yesterday. Plaintiff, proceeding pro se, filed her Complaint [ECF No. 1] and a motion for a preliminary injunction [ECF No. 2] on January 8, 2023. Plaintiff filed an Amended Complaint on January 11, 2023. [ECF No. 3.] The Complaint was filed under the pseudonym Jane Doe. Federal Rule of Civil Procedure 10(a) states that a "complaint must name all the parties." Fed. R. Civ. P. 10(a); see also Doe v. Weinstein, 484 F. Supp. 3d 90, 93 (S.D.N.Y. 2020). Plaintiff did not seek leave to proceed under a pseudonym and her filings do not provide any basis for obtaining such relief. Accordingly, Plaintiff must submit a declaration on or before February 13, 2023, explaining why she should be permitted to proceed under a pseudonym. In the meantime, Plaintiff must serve the Complaint on all Defendants in accordance with the Federal Rules of Civil Procedure. Given these outstanding issues, and the fact that Plaintiff's filings do not suggest that her alleged harm cannot be adequately compensated by money damages, the Court DENIES Plaintiff's motion for a preliminary injunction without prejudice. See JSG Trading Corp. v. Tray-Wrap, Inc., 917 F.2d 75, 79 (2d Cir. 1990); Williams v. New York City Hous. Auth., No. 18CV5912JGKRWL, 2021 WL 1109842, at *25 (S.D.N.Y. Mar. 23, 2021). The Clerk of Court is respectfully requested to terminate docket entry 2. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 1/13/2023) (tg)
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NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Unassigned is no longer assigned to the case. (sac)
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Magistrate Judge Stewart D. Aaron 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)
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Filing 3
AMENDED COMPLAINT, Re: amending 1 Complaint against Dr. Linda Chen, Nora Lovett, New York City Department of Education (NYC DOE), Kimberly Wittmer, Lucious Young with JURY DEMAND.Document filed by Jane Doe. Related document: 1 Complaint.(sc) Modified on 1/11/2023 (sc).
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Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 1/11/2023, Receipt Number 10817. (prs)
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Case Designated ECF. (rdz)
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