Samuels v. New York Department of Labor (NYDOL) et al
| Justin Samuels |
| New York Department of Labor (NYDOL), The United States Department of Labor (USDOL), Roberta Reardon and Denise Montran |
| 1:2023cv08004 |
| September 11, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e-2ot Job Discrimination (other) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 AMENDED COMPLAINT against Denise Montran, New York Department of Labor (NYDOL), Roberta Reardon, The United States Department of Labor (USDOL), re: amending #1 Complaint with JURY DEMAND.Document filed by Justin Samuels. Related document: #1 Complaint.(sc) |
Filing 13
ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: Plaintiff's claims against the New York State DOL are dismissed based on Eleventh Amendment immunity, and his claims against the United States DOL are dismissed based on sovereign immunity, 28 U.S.C. 1915(e)(2)(B)(iii). Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the 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-8004 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the Court will enter judgment dismissing the complaint for failure to state a claim upon which relief may be granted. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/6/2023) (mml)
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| Filing 12 PRO SE MEMORANDUM dated 11/1/23, re: CHANGE OF ADDRESS for Justin Samuels. New Address: Rua 19,n 13, Parque Industria da Quimigal-Barreiro 2830-138, Barreiro, Portugal, (sc) |
| Received returned mail re: #3 Order Directing Payment of Fee or IFP Application. Mail was addressed to Justin Samuels, Rua Professor Joao Prates, 9, Barreiro, Portugal, 2830-297, PT and was returned for the following reason(s): RTS. (vn) |
| Filing 11 LETTER addressed to Judge Laura Taylor Swain from J. Samuels, dated 10/3/23 re: "MOTION TO ADD CRUCIAL EVIDENCE TO CASE"- The evidence in question consists of transcripts from my unemployment hearing, which I believe are essential to the resolution of this case. Document filed by Justin Samuels. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(sc) |
| Filing 10 LETTER addressed to Judge Laura Taylor Swain from J. Samuels, dated 10/2/23 re: "MOTION TO ADD EVIDENCE TO THE SAMUELS VS. NYDOL ET AL CASE" - I submit this motion to add crucial evidence to the case. We have recently uncovered significant evidence related to the actions ol the New York Department of Labor during the COVID-19 pandemic etc. Document filed by Justin Samuels.(sc) (Additional attachment(s) added on 10/2/2023: #1 Exhibit 1) (sc). |
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Filing 9
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 09/20/2023) (sha)
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| Filing 8 LETTER addressed to Judge Laura Taylor Swain from Justin Samuels, dated 9/21/23 re: I am writing in my capacity as a pro se litigant in this case to bring to your attention an issue concerning the Interstate Benefit Payment Plan and its impact on my unemployment claim etc. Due to unforeseen circumstances such as the closure of local unemployment offices due to pandemic mandates etc., this requirement (to report to the local unemployment office) has created a significant hardship for individuals like myself who are pursuing professional careers.. Document filed by Justin Samuels. (Attachments: #1 Exhibit 1)(sc) |
| Filing 7 LETTER addressed to Judge Laura Taylor Swain from J. Samuels, dated 9/18/23 re: MOTION TO ADD EVIDENCE TO CASE[23-CV-8004]. Document filed by Justin Samuels. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(sc) |
| Filing 6 LETTER addressed to Judge Laura Taylor Swain from J. Samuels, dated 9/17/23 re: MOTION TO ADD COMMISSIONER ROBERTA REARDON & DENISE MONTRAN AS DEFENDANTS TO SAMUELS VS. NYDOL ET ANO.. Document filed by Justin Samuels. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(sc) |
| Filing 5 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Justin Samuels consents to receive electronic service via the ECF system. Document filed by Justin Samuels.(sc) |
| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Justin Samuels.(sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| MAILING RECEIPT: Document No: 3. Mailed to: Justin Samuels Rua Professor Joao Prates, 9 Barreiro, Portugal, 2830-297 PT. (ta) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an AMENDED IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 10/11/2023. In Forma Pauperis (IFP) Application due by 10/11/2023. (Signed by Judge Laura Taylor Swain on 9/11/2023) (Attachments: #1 amended IFP application) (keb)
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Justin Samuels..(rdz) |
| Filing 1 COMPLAINT against New York Department of Labor (NYDOL), The United States Department of Labor (USDOL). Document filed by Justin Samuels. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(rdz) |
| Case Designated ECF. (rdz) |
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