Kamdem-Ouaffo v. Balchem Corporation et al
| Ricky Kamdem-Ouaffo |
| Balchem Corporation, Gideon Oenga, Bob Miniger and Renee McComb |
| 1:2017cv02810 |
| April 14, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
321
ORDER denying 318 Motion for Reconsideration re 318 MOTION for Reconsideration re; 315 Order on Motion to Disqualify Judge,. filed by Ricky Kamdem-Ouaffo. Plaintiff's utterly frivolous motion for reconsideration merely rehashes the same arguments he made in favor of the original recusal motion and sets forth no reasonable basis for reconsideration. That motion is, therefore, DENIED. The Clerk of Court is respectfully directed to: (i) terminate the motion sequence pendin g at Doc. 318 in 17-CV-02810; (ii) terminate the motion sequence pending at Doc. 100 in 19-CV-09943; and (iii) reject future submissions from Plaintiff that are filed without leave of the Court. (And as further set forth herein.) SO ORDERED.. (Signed by Judge Philip M. Halpern on 04/13/2023) (jca)
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Filing
315
ORDER denying 311 Motion to Disqualify Judge. Plaintiff's motion is DENIED. The Clerk of Court is respectfully directed to: (i) terminate the motion sequence pending at Doc. 311 in 17-CV-02810; and (ii) terminate the motion sequence pending at Doc. 93 in 19-CV-09943. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 4/5/2023) (jca)
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Filing
310
OPINION AND ORDER re: 277 MOTION for Reargument re: 249 Affirmation in Support,. filed by Ricky Kamdem-Ouaffo, 275 MOTION FOR THE CLARIFICATION OR THE REARGUMENT OF THE GROUNDS OF THE DENIAL OF THE PLAINTIFF'S [ECF #258] MOTION TO VACATE [ECF #244] ORDER AS VOID PURS. TO THE FED.R.CIV.P. RULE 60(b)(4) re: 258 MOTION for Reconsideration re; filed by Ricky Kamdem-Ouaffo.For the foregoing reasons, Plaintiff's motions for reconsideration are DENIED.4 The Clerk of Court is respectfully directed to terminate the motion sequences pending at Doc. 275 and 277. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/28/2023) (jca)
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Filing
290
ORDER: The Court has received and reviewed Plaintiff's "Application for the Referral of US Judge Halpern, Magistrate Judge Davison, and the D[e]fendants' Attorneys for Disciplinary Investigation and/or Sanctions" and "E rratum Sheet for [ECF #283]." To the extent Plaintiff seeks action based on his allegations of judicial misconduct, Plaintiff's request is improperly directed to the undersigned in her capacity as Chief Judge because such complaints are properly directed to the "clerk of the court of appeals for the circuit." 28 U.S.C.A. § 351(a) (Westlaw through P.L. 117-102). To the extent Plaintiff is requesting that the undersigned make or alter any rulings in the above case, the request is denied. The Chief Judge does not have authority to take such action in cases assigned to other members of the Court. In addition to the address on the docket, the Clerk of Court is respectfully directed to mail a copy of this order to Mr. Kamdem-Ouaffo at the below address. SO ORDERED. Copy mailed to:Ricky Kamdem-Ouaffo, 86 Bayard Street, No. 381, New Brunswick, NJ 08903. (Signed by Judge Laura Taylor Swain on 4/27/2022) (vfr)
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Filing
287
MEMO ENDORSEMENT with respect to 275 Motion re: 275 MOTION FOR THE CLARIFICATION OR THE REARGUMENT OF THE GROUNDS OF THE DENIAL OF THE PLAINTIFF'S [ECF #258] MOTION TO VACATE [ECF #244] ORDER AS VOID PURS. TO THE FED.R.CIV.P. RULE 60(b)(4) re: 258 MOTION for Reconsideration re. ENDORSEMENT: Defendants are directed to respond to Plaintiff's Motion for Clarification at ECF 275 by April 29, 2022. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/22/2022) (tg)
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Filing
274
ORDER terminating 255 Motion for Discovery; denying 256 Motion for Reconsideration re 255 LETTER MOTION for Discovery re Defs request that the Court issue an Order approving Defs request for reimbursement for reasonable expenses inc urred from Plaintiff's cancelled deposition addressed to Judge Philip M. Halpern from Mary A. S filed by Theodore Harris, Bob Miniger, Gideon Oenga, Travis Larsen, John Kuehner, Michael Sestrick, Renee McComb, Balchem Corporation, 256 MOTION for Reconsideration re; 244 Order Adopting Report and Recommendations,,,,. filed by Ricky Kamdem-Ouaffo, 258 MOTION for Reconsideration re; 244 Order Adopting Report and Recommendations,,,,. filed by Ricky Kamdem-Ouaf fo ; denying 258 Motion for Reconsideration re 255 LETTER MOTION for Discovery re Defs request that the Court issue an Order approving Defs request for reimbursement for reasonable expenses incurred from Plaintiff's cancelled deposi tion addressed to Judge Philip M. Halpern from Mary A. S filed by Theodore Harris, Bob Miniger, Gideon Oenga, Travis Larsen, John Kuehner, Michael Sestrick, Renee McComb, Balchem Corporation, 256 MOTION for Reconsideration re; [2 44] Order Adopting Report and Recommendations,. filed by Ricky Kamdem-Ouaffo, 258 MOTION for Reconsideration re; 244 Order Adopting Report and Recommendations,. filed by Ricky Kamdem-Ouaffo. For the foregoing reasons, the Court DENIES P laintiffs motions under Rules 60(a) and (b) for relief from the January 29, 2020 Order, May 11, 2020 Order, and Dismissal Order. The Courthaving previously ordered Defendants counsel to be reimbursed for reasonable attorneys fees and expenses asso ciated with the October 13, 2020 deposition awards Defendants counsel $10,000 in attorneys fees and $597.75 in expenses. Plaintiff is directed to pay Defendants counsel the sum of $10,597.75 within twenty-one days of the date of this Order. The Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 255, Doc. 256, and Doc. 258. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/4/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing
244
ORDER ADOPTING REPORT AND RECOMMENDATION for 225 Report and Recommendations, For the foregoing reasons, the Court ADOPTS the Report in its entirety and GRANTS Defendants' motion for the sanction of dismissal. The Complaint is DISMI SSED with prejudice. Defendants are directed to submit an affidavit with proof in admissible form of the reasonable expenses incurred, if any, with the October 13, 2020 deposition session and the preparation associated therewith within thirty days of the entry of this Order. Plaintiff's opposition, if any, shall be filed within fourteen days thereafter. Furthermore, the Clerk of the Court is directed to terminate the pending items on the docket (Docs. 101, 102, 135, 145, 148, 150, 15 1, 167, 185, 189, 201, 240). Finally, the Clerk of Court is directed to mail a copy of this Order to Plaintiff at the address provided on the docket. SO ORDERED (Signed by Judge Philip M. Halpern on 3/23/2021) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
235
ORDER re: 225 Report and Recommendations,, Set Deadlines/Hearing as to 225 Report and Recommendations, : In accordance with Rule 72 and the Report and Recommendation, Plaintiff shall, by January 11, 2021, file his Objections to the Report and Recommendation (Doc. 225). Alternatively, by January 11, 2021, Plaintiff may notify the Court that the Court should construe Doc. 229 as his Objections to the Report and Recommendation. Pursuant to Rule 72, Defendants may respond to Plaintiff's Objections to the Report and Recommendation within 14 days of being served a copy of same. No Reply will be permitted. SO ORDERED (Signed by Judge Philip M. Halpern on 1/4/2021) ( Objections to R&R due by 1/11/2021) (ks)
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Filing
213
ORDER: Plaintiff has filed multiple letter requests via ECF to which Defendants have not responded. Accordingly, the Court directs Defendants to respond, by December 15, 2020, to Plaintiff's outstanding letters including: Doc. 189: Plaintiff& #039;s motion for reconsideration Doc. 195: Plaintiff's objections to Magistrate Judge Davison's ruling(s) Doc. 197: Plaintiff's request for discovery rulings from the District Court Doc. 200: Plaintiff's objections to Magistra te Judge Davison's ruling(s) Doc. 206: Plaintiff's objections to Magistrate Judge Davison's ruling(s) Doc. 208: Plaintiff's pre-motion letter seeking permission to move for summary judgment pursuant to Federal Rule of Civil Procedure 56. SO ORDERED. (Responses due by 12/15/2020) (Signed by Judge Philip M. Halpern on 12/1/2020) (jca)
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Filing
199
ORDER granting 196 Motion for Discovery. Defendants seek leave to move for sanctions related to plaintiffs failure to appear for a court-directed deposition on October 13, 2020. [Dkt. 196.] Leave to so move is GRANTED. Defendants shall file th eir motion on or before November 2, 2020. Plaintiff may file any responsive papers no later than November 16, 2020. Any reply shall be served no later than November 23, 2020. The Clerk shall close Dkt. 196. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 10/23/2020) Copies mailed 10/23/20 by Chambers of Judge Davison. (ks)
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Filing
194
ORDER FOR DEFENDANTS TO TAKE THE REMOTE DEPOSITION BY VIDEO EXAMINATION OF PLAINTIFF RICKY KAMDEN-OUAFFO ON OCTOBER 13, 2020: IT IS HEREBY ORDERED that Defendants Balchem Corporation ("Balchem"), Gideon Oenga, Renee McComb, Theodore Ha rris, John Kuehner, Travis Larsen and Michael Sestrick (hereinafter referred to collectively as "Defendants"), will take the recorded deposition by stenographic and audiovisual remote means of Plaintiff Pro Se Ricky Kamdem-Ouaffo, by way of U.S. Legal Support, a person authorized by the laws of the State of New Jersey to administer oaths through U.S. Legal Support's Zoom virtual platform, on October 13, 2020 beginning at 10:00 a.m. As further set forth in this Order. IT IS FURTHER ORDERED that Plaintiff's failure to comply with this Order, including but not limited to, his failure to appear and/or participate in his scheduled deposition on October 13, 2020, shall result in sanctions, which may include the dismissal of this Action with prejudice. As further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 10/1/2020) (ks)
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Filing
184
MEMORANDUM OPINION AND ORDER re: 175 MOTION PURS. TO THE FED.R.CIV.P. RULE 72(b)(2). filed by Ricky Kamdem-Ouaffo. Plaintiffs request that the Court overrule Magistrate Judge Davisons Order is DENIED. The Clerk is instructed to terminate the pending motion (Doc. 175). SO ORDERED. (Signed by Judge Philip M. Halpern on 9/22/2020) (kv)
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Filing
178
ORDER: By motion dated September 1, 2020, Plaintiff moved this Court, pursuant to Fed. R. Civ. P. 72, to modify or reject Magistrate Judge Davison's Order compelling Plaintiff to appear for a deposition by remote means. (See Docs. 17376). D efendants have not filed an opposition to Plaintiff's Rule 72 Application. Defendants are directed to file an opposition to Plaintiffs Rule 72 Application by September 18, 2020. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/16/2020) ( Responses due by 9/18/2020) (ks)
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Filing
173
ORDER granting 171 Motion to Compel; granting 171 Motion to Dismiss for Lack of Prosecution; granting 171 Motion for Sanctions. Defendants have filed a motion seeking assorted relief, including terminating sanctions. [Dkts. 171-72.J Pla intiffs opposition is due September 8, 2020. [Dkt. 166.] However, the Court GRANTS so much of the motion as seeks an Order compelling plaintiff to appear for a deposition by oral examination. See Rule 30(a)(1), Fed. R. Civ. P. ("A party may, b y oral questions, depose any person, including a party[.]") In view of the ongoing public health crisis, the Court directs that the deposition may be conducted by remote means in accordance with Rule 30(b)( 4). Plaintiff is directed to cooper ate with defense counsel in making suitable arrangements for his remote deposition, which is to occur before October 15, 2020. PLAINTIFF IS ADVISED THAT IT HE FAILS TO ATTEND AND COMPLETE HIS DEPOSITION, THE COURT MAY IMPOSE SANCTIONS PURSUANT TO R ULE 37(d)(1)(A)(I), WHICH MAY INCLUDE AN ORDER DISMISSING THIS ACTION. The Court reserves decision as to the balance of defendants' motion. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 9/1/2020) Copies Mailed By Chambers. (ks)
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Filing
158
ORDER terminating 157 Letter Motion for Discovery; terminating 157 Letter Motion to Compel. The parties are reminded that on January 14, 2020 this case was referred to Magistrate Judge Davison for all general pre-trial matters including sc heduling, discovery, non-dispositive pre-trial motions, and settlement. (Doc. 75). Accordingly, pre-motion conference letters regarding Defendants' anticipated motion for a protective order and motion to compel Plaintiff to appear for his deposition should be directed towards Magistrate Judge Davison. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/14/2020) (ks)
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Filing
143
MEMORANDUM OPINION AND ORDER re: 138 MOTION to reject or modify the recommended disposition, receive further evidence, or return the matter to the magistrate judge with instruction concerning the Scheduling Order[ECF #131]. filed by Ricky K amdem-Ouaffo. Plaintiff's request that the Court reject or modify Judge Davison's Scheduling Order is DENIED. The Clerk is instructed to terminate the motion (Doc. 138). SO ORDERED (Signed by Judge Philip M. Halpern on 7/16/2020) (ks)
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Filing
140
MEMO ENDORSEMENT with respect to 138 Motion for pursuant to Fed. R. Civ. P. Rule 72(b)(2). ENDORSEMENT: Defendants are directed to respond to Plaintiff's Notice of Objections to the Magistrate Judge's Scheduling Order (Doc. 132) by July 17, 2020. (Signed by Judge Philip M. Halpern on 7/14/2020) (mro)
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Filing
115
ORDER: Plaintiff is directed to respond, by May 26, 2020, to Defendants' letter dated January 10, 2020 (see Doc. 73) regarding Defendants' intent to move to dismiss Plaintiff's complaint in the related case: Kamden-Ouaffo v. Balchem Corp., et al., No. 7:19-cv-09943. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/18/2020) (ks)
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Filing
108
MEMORANDUM OPINION AND ORDER re: 88 LETTER MOTION for Discovery addressed to Judge Kenneth M. Karas from Mary A. Smith dated February 20, 2020. filed by Theodore Harris, Bob Miniger, Gideon Oenga, Travis Larsen, John Kuehner, Michael Sestrick, Renee McComb, Balchem Corporation. Plaintiffs request that the Court overrule Magistrate Judge Davison's Order is DENIED. Separately, Plaintiff has filed a motion for summary judgement which the court construes as a req uest for permission to file a motion for summary judgement. (See Docs. 8990, 10405). Plaintiffs request for permission to move for summary judgment is denied without prejudice. At the appropriate time, and once discovery is completed, motions for summary judgement may be considered. If either party intends to move for summary judgment at that point, the movant must comply with my Individual Practices. The case management conference scheduled for June 16, 2020 is adjourned sine die. The Clerk is instructed to terminate Doc. 88. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/11/2020) (ks)
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Filing
82
ORDER denying without prejudice 71 Motion for Local Rule 37.2 Conference. Accordingly, defendant's request to preclude or defer these deposition is denied, without prejudice to any application to impose reasonable time limits. The Clerk is respectfully requested to close Dkt. 71. As further ordered in this Order. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/29/2020) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
80
ORDER: In view of the foregoing, the Court directs as follows: 1. The January 29, 2020 conference will proceed as scheduled in Courtroom 420. As an accommodation to plaintiffs health issues, plaintiff is granted leave to participate telephonicall y. Plaintiff shall call (914) 390-4250 at 11:00 a.m. for this purpose. 2. Plaintiff is advised that the Court will at that time consider defendants' objections to certain discovery demands recently promulgated by plaintiff as set forth in a le tter to Judge Karas dated January 6, 2020. [Dkt. 71.] The Court has and will consider plaintiffs responsive letter dated January 7, 2020. [Dkt. 76.] 3. Plaintiff is admonished that any further requests for adjournments or other relief should be submitted to directly to the Court. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/23/2020) Copies Mailed By Chambers. (ks)
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Filing
77
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/15/2020) (ks)
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Filing
36
OPINION AND ORDER: re: 28 MOTION to Dismiss filed by Theodore Harris, Bob Miniger, Gideon Oenga, Travis Larsen, John Kuehner, Michael Sestrick, Renee McComb, Balchem Corporation. The Court dismisses Plaintiff's first and second cause of action under Title VII against the Individual Defendants only, the third cause of action for wrongful termination against all Defendants, the sixth cause of action for negligence against all Defendants, seventh cause of action for fraudulent conce alment against all Defendants, the eighth cause of action for First Amendment violations against all Defendants, ninth cause of action for breach of fiduciary duty against all Defendants, and the tenth cause of action for defamation against all Defen dants with prejudice because "[t]he problem with [his] causes of action is substantive; better pleading willnot cure it." Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000); see also Kamdem-Ouaffo v. Pepsico, Inc., 160 F. Supp. 3d 553, 574 & n.28 (S.D.N.Y.) (dismissing with prejudice a pro se complaint because better pleading would not cure the substantive deficiencies), aff'd, 657 F. App'x 949 (Fed. Cir. 2016); Lastra v. Barnes & Noble Bookstore, No. 11CV2173, 2012 WL 12876 , at *9 (S.D.N.Y. Jan. 3, 2012) (dismissing with prejudice a pro se complaint that was "not simply inadequately or inartfully pleaded,' but rather contain[ed] substantive problems such that an amended pleading would be futile"), aff� 39;d, 523 F. App'x 32 (2d Cir. 2013). Plaintiff's fourth cause of action for breach of contract, fifth cause of action for intentional infliction of emotional distress, eleventh cause of action for breach of the implied covenant of good fai th and fair dealing, and twelfth cause of action for unjust enrichment are dismissed against all Defendants without prejudice, because this is the first adjudication of Plaintiffs claims on the merits. If Plaintiff wishes to file a second amended com plaint, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff should include within that amended complaint any changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. Plaintiff is advised that the amended complaint will replace, not supplement, the original complaint. The amended complaint must contain all of the claims and factual allegations Plaintiff wishes the Court to consider, and comply with Rule 8 of the Federal Rul es of Civil Procedure and the Court's instructions in Section II.B.1. If Plaintiff fails to abide by the 30-day deadline, his claims may be dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 28), and mail a copy of this Opinion and Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/14/2018) (ama) Transmission to Docket Assistant Clerk for processing.
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