Nielsen v. J.C. Penny Company, Inc.
| Junious Nielsen |
| J.C. Penny Company, Inc. |
| 1:2023cv05619 |
| June 30, 2023 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| James L Cott |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 3, 2024. A more recent docket listing may be available from PACER.
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Filing 26
REPORT AND RECOMMENDATION re: #21 MOTION for Summary Judgment. filed by Junious Nielsen, #12 MOTION for Default Judgment as to. filed by Junious Nielsen. In sum, as the Clerk of Court has not issued a certificate of default, and the docket sheet does not reflect that the defendant has been properly served with the summons and the complaint (or the summary judgment papers) the Court recommends denying both motions without prejudice to renewal. (And as further set forth herein.) SO ORDERED. Objections to R&R due by 9/7/2023 (Signed by Magistrate Judge James L. Cott on 8/24/2023) (jca)
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| Filing 25 CERTIFICATE OF SERVICE of Motion for Summary Judgment; served on J.C. Penny Co., Inc. on 8/16/23. Service was made by Mail. Document filed by Junious Nielsen. (sc) |
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Filing 24
SECOND AMENDED 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). Referred to Magistrate Judge James L. Cott. SO ORDERED. Motions referred to James L. Cott. (Signed by Judge Jessica G. L. Clarke on 8/17/2023) (jca)
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Filing 23
ORDER. The plaintiff is directed to file proof of service of his summary judgment motion on defendant by August 22, 2023. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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| Filing 22 DECLARATION of Junious Nielsen in Support re: #21 MOTION for Summary Judgment. Document filed by Junious Nielsen. (sc) |
| Filing 21 NOTICE OF MOTION, Re: for Summary Judgment. Document filed by Junious Nielsen.(sc) |
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Filing 20
ORDER granting #19 Motion for Permission for Electronic Case Filing. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) Transmission to Office of the Clerk of Court for processing.
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| Filing 19 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, Re: for Permission for J. Nielsen to participate in electronic case filing in this case. Document filed by Junious Nielsen.(sc) |
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Filing 18
AMENDED 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): ECF No. 12. Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Jessica G. L. Clarke on 8/10/2023) (tg)
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Filing 17
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation): ECF NO. 12. Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Jessica G. L. Clarke on 8/10/2023) (tg)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Junious Nielsen. RE-FILE Document No. #14 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): (1) the proposed clerk's certificate of default lists the wrong filed date for the complaint (Use 6/30/2023 Date); (2) the proposed clerk's certificate of default lists the wrong filed date for the proof of service (Use 7/18/2023 and Doc. #5). Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Junious Nielsen to RE-FILE Document #13 Proposed Clerk's Certificate of Default. ERROR(S): the document is associated with a deficient docket entry. (tp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Junious Nielsen to RE-FILE Document #15 Affirmation in Support. ERROR(S): the document is associated with a deficient docket entry. (tp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Junious Nielsen to RE-FILE Document #16 Proposed Default Judgment. ERROR(S): the document is associated with a deficient docket entry. (tp) |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Junious Nielsen. (sc) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 8/9/2023 (tp). |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Junious Nielsen IN SUPPORT OF REQUEST FOR CERTIFICATE OF DEFAULT, re: #13 Proposed Clerk's Certificate of Default. Document filed by Junious Nielsen. (sc) Modified on 8/9/2023 (tp). |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Junious Nielsen. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/9/2023 (tp). |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT(Request). Document filed by Junious Nielsen. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/9/2023 (sc). (Main Document 13 replaced on 8/9/2023) (nb). Modified on 8/9/2023 (tp). |
| Filing 12 NOTICE OF MOTION, Re: for Default Judgment as to J.C. Penny Company, Inc. Document filed by Junious Nielsen.(sc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Junious Nielsen. RE-FILE Document No. #9 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list any information needed. The document is blank. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Junious Nielsen to RE-FILE Document #10 Proposed Clerk's Certificate of Default. ERROR(S): the document is linked to an deficient docket entry. (tp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to Junious Nielsen to RE-FILE Document No. #8 Proposed Default Judgment. The filing is deficient for the following reason(s): the document is linked to an deficient docket entry. Re-file the document using the event type Proposed Default Judgment found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (tp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Junious Nielsen to RE-FILE Document #11 Affirmation in Support. ERROR(S): the document is linked to an deficient docket entry. (tp) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Junious Nielsen IN SUPPORT OF REQUEST FOR CERTIFICATE OF DEFAULT re: #10 Proposed Clerk's Certificate of Default. Document filed by Junious Nielsen. (sc) Modified on 8/4/2023 (tp). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT(Request). Document filed by Junious Nielsen. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/4/2023 (tp). |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Junious Nielsen. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/4/2023 (tp). |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Junious Nielsen. (sc) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 8/4/2023 (tp). |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, Plaintiff Junious Nielsen and counsel for Defendant shall appear for an initial pretrial conference with the Court on October 26, 2023 at 2:00 p.m. The conference will be held remotely by Microsoft Teams. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. All parties are required to register promptly as filing users on ECF. Additionally, in accordance with Paragraph 4(c) of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than one week before the initial pretrial conference. The parties shall use this Courts form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. The joint letter shall not exceed five pages, and shall provide the following information in separate paragraphs as further set forth in this Order. SO ORDERED. (Initial Conference set for 10/26/2023 at 02:00 PM before Judge Jessica G. L. Clarke.) (Signed by Judge Jessica G. L. Clarke on 7/24/23) (yv)
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| Filing 5 CERTIFICATE OF SERVICE of Summons and Complaint. J.C. Penny Company, Inc. served on 7/5/2023, answer due 7/31/2023. Service was accepted by Cathy Stahovic, Operations Manager. Document filed by Junious Nielsen. (sc) |
| Filing 4 PROOF OF SERVICE, re: Summons Returned Executed upon Walmart, Inc by mail on 7/10/23.. Document filed by Junious Nielsen. (sc) |
| Filing 3 SUMMONS RETURNED EXECUTED. Summons and Complaint served. J.C. Penny Company, Inc. served on 7/10/2023, answer due 7/31/2023. Service was made by Mail to 6501 Legacy Drive, Plano, Tx 25024. Document filed by Junious Nielsen. (sc) |
| Filing 2 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Junious C. Nielsen consents to receive electronic service via the ECF system. Document filed by Junious Nielsen..(rdz) |
| Filing 1 COMPLAINT against J.C. Penny Company, Inc.. (Filing Fee $ 402.00, Receipt Number 17999)Document filed by Junious Nielsen. (Attachments: #1 Appendix Fee Paid Memo).(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge James L. Cott 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) |
| SUMMONS ISSUED as to J.C. Penny Company, Inc...(rdz) |
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