Perez v. Empire City Casino et al
| Juana Perez |
| Empire City Casino, LaGuardia Airport and Burlington Stores |
| 1:2023cv03330 |
| April 20, 2023 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 cv Fed. Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
ORDER OF DISMISSAL: The Court dismisses the complaint for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). The Court grants Plaintiff 30 days' leave to replead her claims in an amended complaint. Plaintiff must submit any amended complaint to this Court's Pro Se Intake Unit within 30 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 23-CV-3330 (LTS). An Amended Complaint form is attached to this order. If Plaintiff fails to file an amended complaint within the time allowed, or fails to show cause to excuse such failure, the Court will enter judgment consistent with this order. The Court denies Plaintiff's application for the court to request pro bono counsel without prejudice to renewal at a later date. (ECF 4.) The Court denies as moot Defendant Burlington Store's motion for an extension to answer or move to dismiss the complaint. (ECF 6.) 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Motions terminated: #6 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Laura Taylor Swain from David L. Merlino, Esq. dated May 10, 2023, filed by Burlington Stores, #4 APPLICATION for the Court to Request Counsel, filed by Juana Perez. (Signed by Judge Laura Taylor Swain on 5/16/2023) (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. (sac) |
| Filing 6 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Laura Taylor Swain from David L. Merlino, Esq. dated May 10, 2023. Document filed by Burlington Stores..(Merlino, David) |
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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 4/21/2023) (vn)
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| Filing 4 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Juana Perez. (sac) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Juana Perez consents to receive electronic service via the ECF system. Document filed by Juana Perez. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Juana Perez. (sac) |
| Filing 1 COMPLAINT against Burlington Stores, Empire City Casino, LaGuardia Airport. Document filed by Juana Perez. (sac) |
| Case Designated ECF. (sac) |
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