Anonymous v. Anonymous et al.
| Anonymous |
| Anonymous et al., Department of Veteran Affairs Veterans Health Administration, The VA New York Harbor Healthcare System, NYC Health and Hospitals/Bellevue and NYU Langone Health |
| 1:2024cv03495 |
| May 6, 2024 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Robyn F Tarnofsky |
| Civil Rights: Other |
| 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 21, 2024. A more recent docket listing may be available from PACER.
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Filing 24
MEMO ENDORSEMENT granting #22 Motion to Withdraw #22 MOTION to Withdraw. ENDORSEMENT: The Clerk of Court is directed to terminate any pending motions, cancel all remaining deadlines, and close this case. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/21/2024) (tg)
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Filing 23
ORDER On June 13, 2024, Petitioner submitted a request to withdraw her petition, which also included a request for a refund of $405. Plaintiff initially paid a $52 fee to bring this case as a miscellaneous action under docket number 24-MC-0174. (See ECF 8, Order Directing Payment of Fee or IFP Application.) As Chief Judge Swain noted in her order of May 7, 2024, Petitioner's action was not one of the limited matters that qualify as a miscellaneous action." (Id.) Petitioner therefore was required to pay the $405 filing fee for a civil as opposed to a miscellaneous action (or apply to proceed in forma pauperis). On May 7, 2024, Plaintiff paid the full $405 fee. (See Docket, Pro Se Payment of Fee Processed.) As a rule, federal statutes require "clerks of courts of appeals and district courts to pay all fees into the Treasury.'" Goins v. Decaro, 241 F.3d 260, 261 (2d Cir. 2001) (citing 28 U.S.C. 711(c), 751(e)). Therefore, [t]he law does not permit a judge to refund a filing fee." Celestin v. U.S. Dept State Bureau of Consular Affs., No. 20-CV-947 (AMD) (LB), 2020 WL 6901081, at *2 (E.D.N.Y. Nov. 23, 2020). I am therefore precluded by statute from ordering a refund of the $405 fee that was required to start this civil action. However, because Petitioner also paid a $52.00 fee to commence the miscellaneous proceeding, which proceeding was designated as a civil action, I believe that Petitioner may receive a refund of the $52.00 filing fee for the miscellaneous proceeding. She should not be required to pay double filing fees for one matter. The SDNY Office of Finance Services is respectfully requested to issue a reimbursement of $52.00 to Petitioner, which check shall be made out to the name provided by Petitioner in her sealed filings and remitted to the address provided by Petitioner to the Clerks office when she commenced this action. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 6/20/2024) (jca) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 22 PETITIONER'S REQUEST TO WITHDRAW PETITION SO THAT ALL FILES REMAIN SEALED AND/OR STRICKEN FROM ECF. Document filed by Anonymous. (rro) |
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Filing 21
ORDER Petitioner's request for reconsideration of my order of May 24 and June 3, 2024 is denied. However, the deadline for Petitioner to comply with my June 3, 2024 order is extended nunc pro tunc until June 14, 2024. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 6/10/2024) (jca)
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| Filing 20 LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Petitioner re: order clarifications. Document filed by Anonymous.(vfr) |
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Filing 19
ORDER If Petitioner wishes to continue prosecuting this case anonymously, she shall, by June 7, 2024, file on the docket, in four separate PDF files (a) the redacted version of ECF 2; (b) the redacted version of ECF 11; (c) a version of ECF 6 that is redacted in the manner described in this order; and (d) a version of ECF 13 that is redacted in the manner described in this order. If she does so, the original versions of the redacted documents she submits shall remain sealed, while the redacted versions will be unsealed and made available to the public. If she does not wish to proceed with this case because of this order or any of my prior rulings, she shall, by June 7, 2024, file on the docket a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 6/3/2024) (jca)
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| Filing 18 REDACTED SUBMISSION. Document filed by Anonymous. (tg) |
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Filing 17
ORDER If Plaintiff wishes to continue prosecuting this case anonymously, she shall, by May 28, 2024, file on the docket redacted versions of any of ECF 2, 6, 11 and 13 that contain her name or other personal identifying information; if she does so, the original versions of the redacted documents she submits may remain sealed, while the others will be unsealed and made available to the public. If she does not wish to proceed with this case because of my ruling that Respondents may not remain anonymous, or my ruling that the case may not be sealed in its entirety, or my ruling that she may not remove from the docket ECF 2, 6, 11 or 13 (but may file redacted versions of those documents, redacting any of her personal identifying information), she shall, by May 28, 2024, file a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. In considering how she wishes to proceed, Petitioner may wish to consider that there are serious questions as to whether this Court would have the authority to order the sealing of Petitioner's medical records. The Clerk of Court is respectfully requested to strike and seal ECF 3 and 4. Those stricken documents will be retained under seal for the record for appeal, if any. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 5/23/2024) (jca)
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| Filing 16 LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Petitioner re: Statement to Withdraw Petitioner's Documents No. 2, 3, 4, 6 and 11 from ECF. Document filed by Anonymous.(tro) |
| Filing 15 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Anonymous consents to receive electronic service via the ECF system. Document filed by Anonymous..(kgo) |
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Filing 14
ORDER. Petitioner's request for reconsideration is denied. Petitioner is reminded that she has until May 23, 2024 to file on the docket (1) a statement of whether she wishes to withdraw any documents filed in this case, and if so, identifying which documents should be withdrawn; and (2) redacted versions of the documents appearing at ECF 2, 3, 4, 6, and 11 (except for any such document that Petitioner has indicated should be withdrawn), redacting Petitioner's name and other personal identifying information. If Petitioner does not wish to proceed with this case because the respondents' names will be available on the public docket and because this case will not be sealed in its entirety, she shall, by May 23, 2024, file a notice of dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. In considering how she wishes to proceed, Petitioner may wish to consider that there are serious questions as to whether this Court would have the authority to grant the relief being sought in the Petition. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 5/17/24) (yv) Modified on 5/20/2024 (yv).
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| Filing 13 PETITIONER'S STATEMENT TO CLARIFY RELIEF SOUGHT IN THIS PETITION. Document filed by Anonymous..(kgo) |
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Filing 12
ORDER: After carefully considering Petitioner's application, for the reasons set forth above, Petitioner's motion to proceed anonymously is GRANTED IN PART and DENIED IN PART, in that Petitioner may proceed anonymously but Respondents' names must appear on publicly available case filings; and Petitioner's motion seal the filings in this case is GRANTED IN PART and DENIED IN PART, in that Petitioner may make filings in redacted form, redacting Petitioner's name and identifying information but not Respondents' names, with the unredacted versions of the filings remaining under seal and the redacted versions being accessible to the public.If Petitioner wishes to proceed with this case notwithstanding that Respondents' names will be available on the public docket and that this case will not be sealed in its entirety, Petitioner is ORDERED to file on the docket by May 23, 2024 (1) a statement of whether Petitioner wishes to withdraw any documents filed in this case, and if so, identifying which documents should be withdrawn; and (2) redacted versions of the documents appearing at ECF 2, 3, 4, 6, and 11 (except for any such document that Petitioner has indicated should be withdrawn), redacting Petitioner's name and other personal identifying information. Once Petitioner has made these filings, the Clerk of Court is respectfully requested to (1) add as Respondents on the docket the Department of Veteran Affairs' Veterans' Health Administration, the VA New York Harbor Healthcare System, NYC Health and Hospitals/Bellevue, and NYU Langone Health; (2) issue a summons for each of the Respondents; and (3) make the docket available to the public.If Petitioner does not wish to proceed with this case because Respondents' names will be available on the public docket and because this case will not be sealed in its entirety, Petitioner shall, by May 23, 2024, file a notice of dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Failure by Petitioner to comply with this Order could lead to a report and recommendation that this case be dismissed. Department of Veteran Affairs Veterans Health Administration, The VA New York Harbor Healthcare System, NYC Health and Hospitals/Bellevue and NYU Langone Health added. (Signed by Magistrate Judge Robyn F. Tarnofsky on 5/13/2024) (ate) Transmission to Pro Se Assistants for processing.
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| Filing 11 ***SELECTED PARTIES***TEMPORARY/EMERGENCY ORDER TO SEAL PETITIONERS MEDICAL RECORD. Document filed by Anonymous, Anonymous et al. (rro) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
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Filing 10
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 Robyn F. Tarnofsky. SO ORDERED. Motions referred to Robyn F. Tarnofsky. (Signed by Judge Jennifer H. Rearden on 5/9/2024) (jca)
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| Magistrate Judge Robyn F. Tarnofsky 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. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Laura Taylor Swain is no longer assigned to the case. (laq) |
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Filing 8
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an 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 6/6/2024. In Forma Pauperis (IFP) Application due by 6/6/2024. (Signed by Judge Laura Taylor Swain on 5/7/2024) (Attachments: #1 IFP application) (keb)
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Filing 7
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (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. (vba) |
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information. (sac) |
| Pro Se Payment of Fee Processed: $405.00 Cash Payment processed by the Finance Department on 5/7/2024, Receipt Number 29045. (amf) |
| Filing 6 PETITION RE ADDITIONAL INFORMATION IN SUPPORT OF MOTION TO SEAL A SPECIAL PROCEEDING. Document filed by Anonymous. (sac) |
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Filing 5
ORDER: At present, this matter is only viewable by the Court, not the public. Petitioner seeks to file this case under seal, but the Court needs additional information to make a determination regarding Petitioner's sealing request. By June 11, 2024, Petitioner must file a document or documents on the docket setting forth additional information regarding the nature of the Petitioner's claims and why filing under seal is appropriate in this case. Petitioner may file such documents under Court-view only for now so that the information is available only to the undersigned judge and any necessary court staff, but is not viewable by the public. If the Court decides to deny the Petitioner's sealing request, the Court will give the Petitioner notice so that Petitioner can decide whether to withdraw any document before the case is made public. Additionally, parties may under some circumstances apply to proceed in a case such that their identity is anonymous or pseudonymous to the public, but parties may not remain anonymous to the Court. As such, Petitioner must include his or her name in documents filed with the Court. In the documents filed by June 11 regarding the request to seal, Petition may also address the need for proceeding anonymously, or under a pseudonym, or identified only by initials (such as is typical in cases involving minors, for example). If the Court determines to seal the case, or to allow the filing of the case anonymously or pseudonymously, the Petitioner's name will not be available to the public. The Clerk of Court is directed to file this Order on the docket as Court-view only. (Signed by Judge Margaret M. Garnett on 4/18/2024) (sac)
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| Filing 4 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Anonymous consents to receive electronic service via the ECF system. Document filed by Anonymous. (sac) |
| Filing 3 AFFIDAVIT of Petitioner in Support re: #2 MOTION re Emergency Relief in a Special Proceeding. Document filed by Anonymous. (sac) |
| Filing 2 MOTION re Emergency Relief in a Special Proceeding. Document filed by Anonymous. (Attachments: #1 Proposed Order, #2 Misc. Cover Sheet) (sac) |
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Filing 1
ORDER: The Clerk of Court is hereby directed to CLOSE this miscellaneous case and re-open the case as a civil case under case participant-view only, and under the caption "Anonymous v. Anonymous" until ordered otherwise. The Petitioner may pay the filing fee or apply for IFP status. The Clerk of Court is directed to file this Order on the docket under case participant-view only. (Signed by Judge Margaret M. Garnett on 5/6/2024) (sac)
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| Case Designated ECF. (sac) |
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