CUNNINGHAM v. SILVERSTEIN PROPERTIES & ET AL et al
| Benjamin Cunningham |
| Silverstein Properties, ALLIED UNIVERSAL SECURITY GUARD COMPANY, Devon Adams, DON VINCI, PORT AUTHORITY AGENCY OF NEW YORK & NEW JERSEY, Michael O'Byrne, John Doe, NEW YORK STATE & NEW JERSEY STATE, City of New York, NEW YORK CITY'S NYPD AGENCY, NEW YORK CITY'S 911 EMERGENCY OPERATOR AGENCY, ESTHER PAK, Police Officer "Jane" Doe, UNIDENTIFIED SECURITY GAURD OFFICERS, UNIDENTIFIED PORT AUTHORITY OF NY/NJ POLICE OFFICERS, NEW YORK CITY DISRTICT ATTORNEY OFFICE, UNIDENTIFIED NYC DEPARTMENT OF CORRECTIONS OFFICERS, NEW YORK CITY DEPARTMENT OF CORRECTIONS AGENCY, UNIDENTIFIED 911 EMERGENCY OPERATOR and UNIDENTIFIED NYPD AGENCY POLICE OFFICERS |
| 1:2023cv02542 |
| March 25, 2023 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| Plaintiff |
Docket Report
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| Filing 142 LETTER from B. Cunningham, dated 5/11/23 re: "DEFENDANT LITIGANTS' CONTACT INFORMATION"(as indicated). Document filed by Benjamin Cunningham.(sc) |
| Filing 141 LETTER from B. Cunningham, dated 5/11/23 re: NYPD AGENCY POLICE OFFICERS & EMS TRANSPORTED (PRO-SE) PLAINTIFF LITIGANT TO THE HOSPITAL. Document filed by Benjamin Cunningham.(sc) |
| Filing 140 LETTER from B. Cunningham, dated 5/11/23 re: NYPD AGENCY POLICE OFFICERS ISSUED THE DESK APPEARANCE TICKET. Document filed by Benjamin Cunningham.(sc) |
| Filing 139 DECLARATION of Benjamin Cunningham, re: seeking permission to file late Order to Show Cause Declaration. Document filed by Benjamin Cunningham. (sc) |
| Filing 138 LETTER from B. Cunningham, dated 5/11/23 re: NYPD AGENCY POLICE OFFICERS PROVIDED MEDICAL RECORDS WITHOUT SEEKING PERMISSION. Document filed by Benjamin Cunningham.(sc) |
| Filing 137 NOTICE OF CLAIM DOCUMENT/NOTICE OF 50-H HEARING. Document filed by Benjamin Cunningham. (sc) |
| Filing 136 LETTER from B. Cunningham, dated 5/2/23 re: "DEFENDANTS' CONTACT INFORMATION"- Port Authority of NY/NJ- Agency Legal Div. 212/435-3431, #4 World Trade Center Bldg.(27th Floor), NY, NY 10007; Silverstein Properties Inc., 250 Greenwich St., #7 World Trade Center Bldg., NY, NY 10007; Allied Universal Security Guard Co., Legal Div./Office 800/514-8273, 161 Washington St.(#600), Conshocken, PA 19428; NYC Law Dept., 100 Church St.(4th Fl.), NY, NY 10007. Document filed by Benjamin Cunningham.(sc) |
| Filing 135 LETTER from B. Cunningham, dated 5/2/23 re: #911 EMERGENCY OPERATOR SPRINT TRANSCRIPT. Document filed by Benjamin Cunningham.(sc) |
| Filing 134 LETTER from B. Cunningham, dated 5/2/23 re: NYPD AGENCY POLICE REPORT. Document filed by Benjamin Cunningham.(sc) |
| Filing 133 DECLARATION of Benjamin Cunningham. Document filed by Benjamin Cunningham. (sc) |
| Filing 132 LETTER from B. Cunningham, dated 5/2/23 re: F.D.N.Y. EMS TRANSCRIPT. Document filed by Benjamin Cunningham.(sc) |
| Filing 131 PRO SE MEMORANDUM, dated 5/2/23 re: CHANGE OF ADDRESS for Benjamin Cunningham. New Address: 1075 Webster Ave., #8 A-2, Bronx, NY, 10456. (sc) |
| Filing 130 SEEKING PERMISSION TO FILE CIVIL RIGHTS CASE THIRD CIRCUIT COURT OF APPEALS TRANSFERRED TO SOUTHERN DISTRICT OF NEW YORK(SDNY). Document filed by Benjamin Cunningham. (sc) |
| MAILING RECEIPT: Document No: 129. Mailed to: Benjamin Cunningham 2429 Southern Blvd. #1 Bronx, NY 10458. (kh) |
Filing 129
ORDER TO SHOW CAUSE: In light of Plaintiff's pro se status, and because of the allegations made in his amended complaint, the Court directs Plaintiff to show cause by declaration, within 30 days of the date of this order, why the Court should allow Plaintiff to litigate this action despite what appears to be his attempt to evade the Cunningham I filing injunction by initially filing this action in the District of New Jersey. If Plaintiff fails to comply with this order within the time allowed, and fails to show cause as to such failure, the Court will issue an order and judgment dismissing this action without prejudice, and denying all pending motions as moot, pursuant to the Cunningham I filing injunction. A declaration form is attached to this order. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/21/2023) (Attachments: #1 Declaration) (sac)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz) |
| Filing 128 CASE TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 2:19-cv-19520. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| Case Designated ECF. (vba) |
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Filing 127
ORDER transferring this case to the Southern District of New York. Signed by Judge Claire C. Cecchi on 2/28/2023. (qa, ) [Transferred from New Jersey on 3/25/2023.]
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| ***Civil Case Terminated. (qa, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 126 Notice with attachments from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 125 Letter from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 124 Letter from Plaintiff BENJAMIN CUNNINGHAM. (Attachments: #1 EMC Agency's Sprint Report, #2 Exhibit)(dam) [Transferred from New Jersey on 3/25/2023.] |
| Filing 123 Letter regarding Police Report from BENJAMIN CUNNINGHAM. (Attachments: #1 Exhibit)(dam) [Transferred from New Jersey on 3/25/2023.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the #1 -1 Exhibit filed by BENJAMIN CUNNINGHAM on 12/15/2022 has been placed under seal by the Clerk's Office because it contains personal identifying information. (dam) [Transferred from New Jersey on 3/25/2023.] |
| Filing 122 Letter from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 121 Letter with attachments from BENJAMIN CUNNINGHAM. (mxw) Modified on 12/7/2022 (tf, ). [Transferred from New Jersey on 3/25/2023.] |
| Filing 120 Second Letter from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 119 Letter from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 118 Letter with attachment from BENJAMIN CUNNINGHAM. (Attachments: #1 Exhibit)(mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 117 Letter from BENJAMIN CUNNINGHAM. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(mxw, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 116 Letter from BENJAMIN CUNNINGHAM. (Attachments: #1 Exhibit)(mxw) [Transferred from New Jersey on 3/25/2023.] |
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Filing 115
STIPULATION and Order of Settlement and Discontinuance by BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.]
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| Filing 114 SUMMARY JUDGMENT STATEMENT by BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 113 REPLY to Opposition to Motion filed by BENJAMIN CUNNINGHAM re #108 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by BENJAMIN CUNNINGHAM re 107 Order (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 112 BRIEF in Opposition filed by CITY OF NEW YORK re #108 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by BENJAMIN CUNNINGHAM re 107 Order,, (DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
| Filing 111 Letter with attachments from BENJAMIN CUNNINGHAM (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 110 Letters requesting Judicial Notice, with attachments, from BENJAMIN CUNNINGHAM. (Attachments: #1 Letter 2, #2 Letter 3, #3 Letter 4)(mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 109 Letter with exhibits from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Set Deadlines as to #108 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by BENJAMIN CUNNINGHAM re 107 Order. Motion set for 10/17/2022 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 108 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by BENJAMIN CUNNINGHAM re 107 Order (Attachments: #1 Memorandum of Law)(mxw) [Transferred from New Jersey on 3/25/2023.] |
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Filing 107
TEXT ORDER: Plaintiff's request for leave to file a summary judgment motion based on Defendants' "admission to nonfeasons conduct" and failure to "protect/serve along with New York City's 911 Emergency Operator Sprint Report" (ECF No. 106) is denied. Plaintiff appears to request leave to file a summary judgment motion based on a police report arising from an alleged arrest in 2019. However, Plaintiff does not set forth a legal basis for his request and does not explain the reasons he believes he is entitled to summary judgment. Accordingly, the request is denied. So Ordered by Magistrate Judge Jose R. Almonte on 9/8/2022. (smf) [Transferred from New Jersey on 3/25/2023.]
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| Filing 106 Letter with attachments from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 105 Letter with attachments from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 104 Letter with attachments from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 103 STATEMENT by BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
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Filing 102
TEXT ORDER administratively terminating #94 Motion for Summary Judgment. The Court did not grant Plaintiff leave to file his motion for summary judgment. So Ordered by Magistrate Judge Jose R. Almonte on 7/21/2022. (smf) Modified on 8/8/2022 (smf). [Transferred from New Jersey on 3/25/2023.]
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| Filing 101 STATEMENT of Material Facts in Opposition filed by CITY OF NEW YORK re #94 MOTION for Summary Judgment (DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
| Filing 100 MEMORANDUM in Opposition filed by CITY OF NEW YORK re #94 MOTION for Summary Judgment (DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
| Filing 99 RESPONSE in Opposition filed by BENJAMIN CUNNINGHAM re #97 Second MOTION to Dismiss for Lack of Jurisdiction (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 98 NOTICE of MOTION at #97 by CITY OF NEW YORK TO DISMISS AC FOR LACK OF JURISDICTION (DOLLIN, ELIZABETH) Modified on 7/7/2022 (mxw, ). [Transferred from New Jersey on 3/25/2023.] |
| Filing 97 Second MOTION to Dismiss for Lack of Jurisdiction by CITY OF NEW YORK. Responses due by 8/4/2023 (Attachments: #1 Text of Proposed Order)(DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
| Set Deadlines as to #97 Second MOTION to Dismiss for Lack of Jurisdiction . Motion set for 8/1/2022 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 96 Letter from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 95 Letter from BENJAMIN CUNNINGHAM. (mxw, ) [Transferred from New Jersey on 3/25/2023.] |
| Set Deadlines as to #94 MOTION for Summary Judgment. Motion set for 7/18/2022 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 94 MOTION for Summary Judgment by BENJAMIN CUNNINGHAM. (Attachments: #1 Exhibits)(mxw) (Main Document 94 replaced on 6/24/2022) (mxw, ). [Transferred from New Jersey on 3/25/2023.] |
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Filing 93
TEXT ORDER: Defendant the City of New York shall file their motion to dismiss, if any, no later than July 8, 2022. In the alternative, the City of New York is granted leave to request reinstatement of its letter brief at ECF No. 81 in lieu of a more formal motion. So Ordered by Magistrate Judge Jose R. Almonte on 6/21/2022. (smf) [Transferred from New Jersey on 3/25/2023.]
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| Filing 92 Letter from BENJAMIN CUNNINGHAM. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Case Reassigned to Magistrate Judge Jose R. Almonte. Magistrate Judge Edward S. Kiel no longer assigned to the case. (ak, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 91 Letter from Benjamin Cunningham. (mxw) [Transferred from New Jersey on 3/25/2023.] |
| Filing 90 Letter from BENJAMIN CUNNINGHAM. (ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 89 Letter and attachments from Benjamin Cunningham. (sm) [Transferred from New Jersey on 3/25/2023.] |
| Filing 88 Letter with Exhibits from BENJAMIN CUNNINGHAM. (ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 87 Letter from Benjamin Cunningham with exhibits. (bt) [Transferred from New Jersey on 3/25/2023.] |
| Filing 86 Letter from Benjamin Cunningham. (bt) [Transferred from New Jersey on 3/25/2023.] |
| Filing 85 Letter from Benjamin Cunningham. (bt) [Transferred from New Jersey on 3/25/2023.] |
| Filing 84 Letter from Benjamin Cunningham. (bt) [Transferred from New Jersey on 3/25/2023.] |
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Filing 83
TEXT ORDER: As to the "letter submission" of defendant City of New York (Defendant) filed on January 11, 2022 (ECF No. #81 ) seeking certain relief, Defendant is directed to file a proper motion addressed to District Judge Cecchi that fully complies with the Federal Rules of Civil Procedure and the District of New Jersey Local Civil Rules. The Clerk is directed to terminate ECF No. 81 to the extent it may be construed as a motion. So Ordered by Magistrate Judge Edward S. Kiel on 1/12/2022. (sms) [Transferred from New Jersey on 3/25/2023.]
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| Filing 82 Letter Judges from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 81 Second MOTION to Dismiss for Lack of Jurisdiction and Preclude Additional Filings by Plaintiff by CITY OF NEW YORK. (DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
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Filing 80
TEXT ORDER: The documents filed by pro se plaintiff on December 28, 2021 (ECF No. #79 ), which appear to refer to another matter brought by pro se plaintiff in this Court under Case No. 19-19823, do not comprise a motion and should not be sealed. The Clerk is directed to administratively terminate any designation indicating that these documents are a motion, and to unseal ECF No. 79. So Ordered by Magistrate Judge Edward S. Kiel on 1/6/2022. (sms) [Transferred from New Jersey on 3/25/2023.]
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| Set Deadlines as to #79 MOTION. Motion set for 2/7/2022 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt,) [Transferred from New Jersey on 3/25/2023.] |
| Filing 79 Reply Motion by BENJAMIN CUNNINGHAM. (Attachments: #1 Exhibit)(bt,) Modified on 1/4/2022 (bt,). [Transferred from New Jersey on 3/25/2023.] |
| Filing 78 Exhibit to #76 Amended Complaint by BENJAMIN CUNNINGHAM. (ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 77 Exhibit to #76 Amended Complaint,, by BENJAMIN CUNNINGHAM. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 76 AMENDED COMPLAINT against DEVON ADAMS, ALLIED UNIVERSAL SECURITY GUARD COMPANY, CITY OF NEW YORK, JANE DOE, JOHN DOE, NEW YORK CITY DEPARTMENT OF CORRECTIONS AGENCY, NEW YORK CITY DISRTICT ATTORNEY OFFICE, NEW YORK CITY'S 911 EMERGENCY OPERATOR AGENCY, NEW YORK CITY'S NYPD AGENCY, NEW YORK STATE & NEW JERSEY STATE, ESTHER PAK, PORT AUTHORITY AGENCY OF NEW YORK & NEW JERSEY, SILVERSTEIN PROPERTIES, UNIDENTIFIED 911 EMERGENCY OPERATOR, UNIDENTIFIED NYC DEPARTMENT OF CORRECTIONS OFFICERS, UNIDENTIFIED NYPD AGENCY POLICE OFFICERS, UNIDENTIFIED PORT AUTHORITY OF NY/NJ POLICE OFFICERS, UNIDENTIFIED SECURITY GAURD OFFICERS, DON VINCI, filed by BENJAMIN CUNNINGHAM.(bt, ) [Transferred from New Jersey on 3/25/2023.] |
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Filing 75
ORDER granting #43 Defendants Motion to Dismiss Plaintiff's Complaint. ORDERED that Plaintiff shall have thirty (30) days from entry of this Order to submit an Amended Complaint that addresses the deficiencies identified in the Court's Order; ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 11/17/2021. (bt, ) [Transferred from New Jersey on 3/25/2023.]
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| Filing 74 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 73 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 72 Letter to Judge Cecchi and Judge Kiel from BENJAMIN CUNNINGHAM. (ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 71 Letter re Grievance Committee Request from BENJAMIN CUNNINGHAM. (Attachments: #1 Envelope)(ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 70 Letter to Judge Cecchi re Grievance Committee Request Reply Letter from BENJAMIN CUNNINGHAM. (ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 69 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 68 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 67 NOTICE by BENJAMIN CUNNINGHAM (ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 66 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 65 Letter to Judge Cecchi from BENJAMIN CUNNINGHAM. (ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 64 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 63 Grievance Committee Request Reply Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 62 Letter from Elizabeth Dollin. (DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
| Filing 61 Grievance Committee Request Letter from Benjamin Cunningham. (bt, ) Modified on 5/5/2021 (bt, ). [Transferred from New Jersey on 3/25/2023.] |
| Filing 60 REPLY to Response to Motion filed by NEW YORK CITY & ET AL re #43 First MOTION to Dismiss (DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
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Filing 59
ORDER granting #58 Defendant City of New York Letter request for permission to submit a two-page sur-reply to the allegations raised in Plaintiffs letters dated 4/29/2021. Signed by Judge Claire C. Cecchi on 5/3/2021. (bt, ) [Transferred from New Jersey on 3/25/2023.]
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| Filing 58 Letter from Elizabeth Dollin - counsel for CIty. (DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
| Filing 57 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 56 REPLY BRIEF to Opposition to Motion filed by NEW YORK CITY & ET AL re #43 First MOTION to Dismiss (DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
| Filing 55 Diversity Pleadings from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 54 SUMMONS Returned Executed by BENJAMIN CUNNINGHAM. Defendant PORT AUTHORITY AGENCY OF NEW YORK & NEW JERSEY served with Summons and Complaint. (bt) Modified on 4/21/2021 (dam). [Transferred from New Jersey on 3/25/2023.] |
| Filing 53 Letter re 49 Text Order from Plaintiff Benjamin Cunningham (bt, ) [Transferred from New Jersey on 3/25/2023.] |
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Filing 52
TEXT ORDER: Plaintiff's "motion to strike down [the] motion to dismiss" (ECF No. #51 ) is administratively terminated, and shall be deemed to be papers filed in opposition to the pending motion to dismiss. So Ordered by Magistrate Judge Edward S. Kiel on 4/16/2021. (as, ) [Transferred from New Jersey on 3/25/2023.]
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| Filing 51 MOTION to Strike #43 Defendants First MOTION to Dismiss by NEW YORK CITY & ET AL. by BENJAMIN CUNNINGHAM. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 50 Letter with exhibits from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Set Deadlines as to #51 MOTION to Strike #42 Notice (Other). Motion set for 5/17/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
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Filing 49
TEXT ORDER: Plaintiff's "motion to compel... clerk's office staff... to grant default judgment" (ECF No. #48 ) is denied. Default has not been entered. Plaintiff is ordered to limit his filings at this juncture to be responsive to the pending motion to dismiss, particularly on the issue of proper venue. So Ordered by Magistrate Judge Edward S. Kiel on 4/15/2021. (as, ) [Transferred from New Jersey on 3/25/2023.]
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| Filing 48 MOTION to Compel by BENJAMIN CUNNINGHAM. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the #47 Request for Default submitted by Benjamin Cunningham on 4/13/2021 cannot be granted as requested because the #24 Summons Return Executed does not appear to have been properly served pursuant to FRCP 4(c) - Service must be effectuated by someone over the age of 18 who is not a party to the case. This submission will remain on the docket unless otherwise ordered by the Court. This message is for informational purposes only. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Set Deadlines as to #48 MOTION to Compel. Motion set for 5/17/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 47 Request for Default by BENJAMIN CUNNINGHAM against PORT AUTHORITY AGENCY OF NEW YORK & NEW JERSEY, and MICHAEL O'BYRNE. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 46 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 45 Letter from Benjamin Cunningham. (Attachments: #1 Opposition, #2 Opposition exhibit, #3 Envelope)(bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 44 Affirmation in Opposition from Benjamin Cunningham re #43 Motion to Dismiss (Attachments: #1 Exhibit 1, #2 Exhibit 2)(bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Set Deadlines as to #43 First MOTION to Dismiss . Motion set for 5/3/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 43 First MOTION to Dismiss by NEW YORK CITY & ET AL. Responses due by 4/19/2021 (DOLLIN, ELIZABETH) (Main Document 43 replaced on 4/5/2021) (bt, ). (Additional attachment(s) added on 4/5/2021: #1 Memorandum of Law in Support of Motion to Dismiss) (bt, ). [Transferred from New Jersey on 3/25/2023.] |
| Filing 42 Notice of MOTION to Dismiss by New York City & Et al (DOLLIN, ELIZABETH) Modified on 4/5/2021 (bt, ). [Transferred from New Jersey on 3/25/2023.] |
| Filing 41 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
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Filing 40
TEXT ORDER: Plaintiff's "motion to compel... defendants... to file their answer" #39 is denied. Please see Text Order No. 35 and Text Order No. 36, both entered on March 5, 2021. So Ordered by Magistrate Judge Edward S. Kiel on 3/12/2021. (as, ) [Transferred from New Jersey on 3/25/2023.]
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| Filing 39 Motion to Compel by BENJAMIN CUNNINGHAM. (ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 38 Letter addressed to Judges from BENJAMIN CUNNINGHAM. (Attachments: #1 Envelope)(ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 37 NOTICE of Appearance by ELIZABETH WIZEMAN DOLLIN on behalf of NEW YORK CITY'S NYPD AGENCY (DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
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Filing 36
TEXT ORDER: Per the letter of the requesting defendants (ECF No. #34 ), the time for said defendants to answer or otherwise move as to the complaint is extended to April 4, 2021. Counsel for requesting defendants is also directed to electronically file appearances on the Court's docket. So Ordered by Magistrate Judge Edward S. Kiel on 3/5/2021. (as, ) [Transferred from New Jersey on 3/25/2023.]
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Filing 35
TEXT ORDER: Plaintiff's "motion to compel" (ECF No. #33 ) is denied without prejudice, as it seeks no discernible relief that is cognizable under the Federal Rules of Civil Procedure and the Local Civil Rules. If plaintiff's intention is to seek the entry of default against a defendant for a failure to file an answer, and if plaintiff has indeed served that defendant, then plaintiff should file a request for default addressed to the Clerk of the Court pursuant to Federal Rule of Civil Procedure 55(a) as directed in the order entered on February 16, 2021 (ECF No. #30 ). So Ordered by Magistrate Judge Edward S. Kiel on 3/5/2021. (as, ) [Transferred from New Jersey on 3/25/2023.]
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| Filing 34 RESPONSE to Motion filed by NEW YORK CITY'S NYPD AGENCY re #33 MOTION to Compel and request to file Motion to Dismiss (DOLLIN, ELIZABETH) [Transferred from New Jersey on 3/25/2023.] |
| Set Deadlines as to #33 MOTION to Compel. Motion set for 4/5/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 33 MOTION to Compel by BENJAMIN CUNNINGHAM. (Attachments: #1 Envelope)(bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 32 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 31 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
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Filing 30
ORDER denying #29 Plaintiff's MOTION for Default Judgment. Signed by Magistrate Judge Edward S. Kiel on 2/11/2021. (bt, ) (Main Document 30 replaced on 2/18/2021) (bt, ). (Main Document 30 replaced on 2/18/2021) (bt, ). [Transferred from New Jersey on 3/25/2023.]
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| CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the Returns of Service, Docket Entries 23 through 28 were not served properly, pursuant to FRCivP 4. Service must be effectuated by someone over the age of 18 who is not a party to the case. (mfr) [Transferred from New Jersey on 3/25/2023.] |
| Be advised that the Motion for Default Judgment, Docket Entry #29 has been terminated. Default was ever entered in this case and service of the Summons and Complaint were not properly effectuated in accordance with FRCivP 4. (mfr) [Transferred from New Jersey on 3/25/2023.] |
| Set Deadlines as to #29 MOTION for Default Judgment as to. Motion set for 3/15/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 29 MOTION for Default Judgment as to by BENJAMIN CUNNINGHAM. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 28 Summons Returned Unexecuted by BENJAMIN CUNNINGHAM as to ALLIED UNIVERSAL SECURITY GUARD COMPANY & ET AL. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 27 SUMMONS Returned Executed by BENJAMIN CUNNINGHAM. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 26 SUMMONS Returned Executed by BENJAMIN CUNNINGHAM. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 25 SUMMONS Returned Executed by BENJAMIN CUNNINGHAM. SILVERSTEIN PROPERTIES & ET AL served on 11/9/2020. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 24 SUMMONS Returned Executed by BENJAMIN CUNNINGHAM. PORT AUTHORITY AGENCY OF NEW YORK & NEW JERSEY served on 11/9/2020. (bt, ) Modified on 1/4/2021 (bt, ). [Transferred from New Jersey on 3/25/2023.] |
| Filing 23 SUMMONS Returned Executed by BENJAMIN CUNNINGHAM. NEW YORK CITY & ET AL served on 11/5/2020. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 22 Notice of Call for dismissal Pursuant to Rule 4(m). This action will be dismissed on January 28, 2021, for failure to effect service of the summons and complaint within 90 days of the filing of the complaint, unless Plaintiff establishes that proper service was effected within said 90 days, by filing proof of service with the Clerk of the Court before the return date of this notice, etc. (jl, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 21 NOTICE of Medical Treatment by BENJAMIN CUNNINGHAM (ams, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 20 NOTICE by BENJAMIN CUNNINGHAM (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 19 NOTICE of Claim by BENJAMIN CUNNINGHAM (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 18 NOTICE by BENJAMIN CUNNINGHAM (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 17 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 16 Request to Take Judicial Notice from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 15 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 14 SUMMONS ISSUED as to DEVON ADAMS, ALLIED UNIVERSAL SECURITY GUARD COMPANY, NEW YORK CITY, NEW YORK CITY'S 911 EMERGENCY OPERATOR AGENCY, NEW YORK CITY'S NYPD AGENCY, NEW YORK STATE & NEW JERSEY STATE, MICHAEL O'BYRNE, ESTHER PAK, PORT AUTHORITY AGENCY OF NEW YORK & NEW JERSEY, SILVERSTEIN PROPERTIES, DON VINCI. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jr) [Transferred from New Jersey on 3/25/2023.] |
| Clerk's Note: Case reopened - filing fee paid on 6/22/2020 (See receipt in doc #13 ) (jr) [Transferred from New Jersey on 3/25/2023.] |
| Filing 13 AFFIDAVIT of Tashena Ampratwum re $400 Filing Fee for #1 Complaint, by BENJAMIN CUNNINGHAM. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
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Filing 12
ORDER that Plaintiffs application to proceed in forma pauperis (ECF No. 6-1) is DENIED WITHOUT PREJUDICE,ORDERED that Plaintiff may reopen this matter if, within thirty (30) days of the date of the entry of this Order, Plaintiff pre-pays the $400.00 filing fee or submits a proper in forma pauperis form that shows his inability to pay the filing fee etc. Signed by Judge Claire C. Cecchi on 6/18/2020. (bt, ) [Transferred from New Jersey on 3/25/2023.]
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| Filing 11 Letter from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 10 Documents received from Benjamin Cunningham. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 9 Document from Benjamin Cunningham. (sm) [Transferred from New Jersey on 3/25/2023.] |
| Filing 8 Letter from Benjamin Cunningham Financial Settlement Package. (bt, ) [Transferred from New Jersey on 3/25/2023.] |
| Filing 7 Letter from Benjamin Cunningham. (sms) [Transferred from New Jersey on 3/25/2023.] |
| Filing 6 Letter from Benjamin Cunningham re #5 Order of Dismissal; etc. (Attachments: #1 Application IFP)(sms) [Transferred from New Jersey on 3/25/2023.] |
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Filing 5
ORDER; denying without prejudice, Plaintiff's application to proceed in forma pauperis; the Clerk shall administratively terminate this action without filing the Complaint or assessing a filing fee; Plaintiff may reopen this matter if, within thirty (30) days of the date of this Order, Plaintiff pre-pays the $400.00 filing fee or submits a proper in forma pauperis form that shows his inability to pay the filing fee; in the event Plaintiff timely pre-pays the $400.00 filing fee or submits a proper in forma pauperis form that shows his inability to pay the filing fee, the Court will enter an order directing the Clerk to reopen the case; the Clerk shall close the file in this matter; etc. Signed by Judge Claire C. Cecchi on 12/6/2019. (sms) [Transferred from New Jersey on 3/25/2023.]
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| Filing 4 Letter from Benjamin Cunningham. (sms) [Transferred from New Jersey on 3/25/2023.] |
| Filing 3 Letter/receipts from Benjamin Cunningham with attachments. (sms) [Transferred from New Jersey on 3/25/2023.] |
| Filing 2 Letter from Benjamin Cunningham. (sms) [Transferred from New Jersey on 3/25/2023.] |
| Filing 1 COMPLAINT against DEVON ADAMS, ALLIED UNIVERSAL SECURITY GUARD COMPANY & ET AL, NEW YORK CITY & ET AL, NEW YORK CITY'S 911 EMERGENCY OPERATOR AGENCY, NEW YORK CITY'S NYPD AGENCY, NEW YORK STATE & NEW JERSEY STATE, MICHAEL O'BYRNE, ESTHER PAK, PORT AUTHORITY AGENCY OF NEW YORK & NEW JERSEY, SILVERSTEIN PROPERTIES & ET AL, DON VINCI with JURY DEMAND, filed by BENJAMIN CUNNINGHAM. (Attachments: #1 Application IFP, #2 NEF Consent Form)(qa, ) (Additional attachment(s) added on 10/31/2019: #3 Text of Proposed Order) (qa, ). [Transferred from New Jersey on 3/25/2023.] |
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