Yzaguirre v. Levin et al
| Jace R. Yzaguirre |
| Dave Levin, Benny Vasquez, Tessa Kratz and Chris Weeks |
| 1:2024cv01500 |
| February 27, 2024 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Gary Stein |
| Civil Rights: Education |
| 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 Minute Entry. A Status Conference was held on Wednesday, April 17, 2024 before Magistrate Judge Gary Stein. Appearances made by Jace Yzaguirre, and Hillary Raimondi, Celena Mayo for Defendants. As discussed at the conference, Plaintiff's Amended Complaint is due by Friday, May 17, 2024. (ta) |
| Filing 22 Answer to opposing parties motion. Document filed by Jace R. Yzaguirre. (nb) |
| Filing 21 RESPONSE to Motion re: #15 LETTER MOTION for Conference addressed to Judge J. Paul Oetken from Celena R. Mayo dated April 10, 2024.. Document filed by Jace R. Yzaguirre..(kgo) |
| Filing 20 LETTER addressed to Magistrate Judge Gary Stein from Jace Yzaguirre dated 4/15/2024 re: Letter re: conference. Document filed by Jace R. Yzaguirre..(kgo) |
| Filing 19 NOTICE OF APPEARANCE by Alexandra Catalano on behalf of Dave Levin, Benny Vasquez..(Catalano, Alexandra) |
| Filing 18 LETTER MOTION for Conference addressed to Magistrate Judge Gary Stein from Hillary J. Raimondi dated April 12, 2024. Document filed by Dave Levin, Benny Vasquez..(Raimondi, Hillary) |
Filing 17
MEMO ENDORSEMENT on re: #15 LETTER MOTION for Conference addressed to Judge J. Paul Oetken from Celena R. Mayo dated April 10, 2024. filed by Chris Weeks, Tessa Kratz. ENDORSEMENT: The matters raised herein will be discussed during the in-person conference already scheduled for Wednesday, April 17, 2024. (See Dkt. No. 9). The Court hereby converts the conference from an Initial Case Management Conference to a Status Conference. As a result, the parties are not required to submit a proposed case management plan prior to the conference. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 4/11/2024) (ks)
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| Filing 16 LETTER addressed to Magistrate Judge Gary Stein from Jace R. Yzaguirre dated 4/10/2024 re: Initial Case Management Conference ordered by Honorable United States Magistrate Judge Gary Stein. Document filed by Jace R. Yzaguirre.(tro) |
| Filing 15 LETTER MOTION for Conference addressed to Judge J. Paul Oetken from Celena R. Mayo dated April 10, 2024. Document filed by Tessa Kratz, Chris Weeks..(Mayo, Celena) |
| Filing 13 LETTER addressed to Judge J. Paul Oetken from Jace R. Yzaguirre dated 3/25/2024 re: Trial request for SDNY. Document filed by Jace R. Yzaguirre..(kgo) |
| Filing 14 AMENDED COMPLAINT against Tessa Kratz, Dave Levin, Benny Vasquez, Chris Weeks.Document filed by Jace R. Yzaguirre..(kgo) Modified on 3/28/2024 (sha). |
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Filing 12
ORDER: Plaintiff may amend his Complaint without requesting leave to do so at any time up to and including March 25, 2024. If Plaintiff wishes to amend his Complaint after that date, he may do so only if he obtains either Defendants consent or the Courts permission. See Fed. R. Civ. P. 15(a) (2). Plaintiffs current Complaint, which was filed originally in state court and is handwritten, is difficult for the Court to read. The Court therefore requests that Plaintiff either file any Amended Complaint in typewritten form or, if it is handwritten, take care to make sure that it is clearly legible (as is the case with his March 8 letter). Plaintiff's March 8 letter also briefly challenges the Court's jurisdiction over this case. The proper procedure for challenging the Court's subject-matter jurisdiction is through a motion to remand pursuant to 28 U.S.C. 1447(c). A motion to remand asks the Court to send the case back to state court because the federal court lacks subject-matter jurisdiction over the case. Such a motion should set forth reasons as to why the plaintiff believes the federal court does not have jurisdiction over the case. Plaintiff is free to file such a motion if he wishes. ( Amended Pleadings due by 3/25/2024.) (Signed by Magistrate Judge Gary Stein on 3/14/2024) (tg)
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| Filing 11 LETTER addressed to Your Honor from Jace R. Yzaguirre dated 3/8/2024 re: request to amend. Document filed by Jace R. Yzaguirre..(rro) |
| Filing 10 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Jace R. Yzaguirre consents to receive electronic service via the ECF system. Document filed by Jace R. Yzaguirre..(tro) |
| MAILING RECEIPT: Document No: 9. Mailed to: Jace R. Yzaguirre 580 Flatbush Avenue, Apt 16J Brooklyn, NY 11225. (sac) |
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Filing 9
INITIAL CASE MANAGEMENT CONFERENCE ORDER: This action is scheduled for an Initial Case Management Conference for Wednesday, April 17, 2024 at 2:00 p.m. The parties are directed to appear for the conference at 500 Pearl Street, Courtroom 9A at the scheduled time. The parties shall consult and comply with the undersigned's Individual Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-gary-stein. In accordance with Section II.A of the Individual Practices, the parties are directed to jointly file the attached joint Proposed Case Management Plan and Scheduling Order no later than one week prior to the conference. SO ORDERED. Initial Conference set for 4/17/2024 at 02:00 PM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 3/06/2024) (ama)
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| MAILING RECEIPT: Document No: 8. Mailed to: Jace R. Yzaguirre 580 Flatbush Avenue, Apt 16J Brooklyn, NY 11225. (vn) |
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Filing 8
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). Referred to Magistrate Judge Gary Stein. (Signed by Judge J. Paul Oetken on 3/4/2024) (tg)
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| Filing 7 ANSWER to Complaint with JURY DEMAND. Document filed by Tessa Kratz, Chris Weeks..(Mayo, Celena) |
| Filing 6 NOTICE OF APPEARANCE by Hillary Jacobs Raimondi on behalf of Dave Levin, Benny Vasquez..(Raimondi, Hillary) |
| Filing 4 NOTICE OF APPEARANCE by Olivia Orlando-Donovan on behalf of Tessa Kratz, Chris Weeks..(Orlando-Donovan, Olivia) |
| Filing 3 NOTICE OF APPEARANCE by Celena R Mayo on behalf of Tessa Kratz, Chris Weeks..(Mayo, Celena) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Celena R Mayo. The following case opening statistical information was erroneously selected/entered: Dollar Demand $16,403,328,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9999. (gp) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp) |
| Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. 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. (gp) |
| Filing 2 CIVIL COVER SHEET filed..(Mayo, Celena) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 100041/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-29004579).Document filed by Tessa Kratz, Chris Weeks. (Attachments: #1 Exhibit Summons and Complaint).(Mayo, Celena) |
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