Wynn v. Regus Management Group LLC et al
| Eric E. Wynn |
| David Sanders, Regus Management Group LLC, Tucker Albin Associates and Mr. Allen Humphris |
| 7:2021cv03503 |
| April 20, 2021 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Laura Taylor Swain |
| Civil Rights: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter re: I Eric Wynn decided to withdraw the case because Tucker-Albin & Assoc. is a collection agency that did not identify themselves as a collection agency for debt? When they contacted me via email? Second reas on is that the collection agency of Tucker Albin Assoc. of Texas is owned by and their members including their executives that are high up in the company are members of the Proud Boys group in Texas, USA....I decided to withdraw the case against Tuck er Albin & Assoc. of Texas, USA. For now., filed by Eric E. Wynn. ENDORSEMENT: The Court is in receipt of the below letter advising the Court that Plaintiff desires to withdraw the case because he believes his claims are deficient and because he is concerned that he might be subject to retaliation from defendants because he believes they are members of an organization referred to as the "Proud Boys." Plaintiff also advises the Court not to drop the case and asks whether he should drop a particular defendant due to possible retaliation. Plaintiff also provided an incomplete notice of voluntary dismissal form. The submission does not make clear whether Plaintiff wishes to proceed with his claims or to dismiss his claims. To the extent he wishes to dismiss his claims, he can complete the voluntary dismissal form attached to this Endorsement and include the names of the parties that he wishes to dismiss. If Plaintiff wishes to instead amend his complaint to assert causes of action related to alleged harassment he can submit an amended complaint. The Clerk of the Court is directed to mail a copy of this Endorsement to pro se Plaintiff at his address listed on ECF and to show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/7/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #17 Memo Endorsement to Eric E. Wynn at P.O. Box 862, Hartsdale, NY 10530. (kh) |
| Filing 16 LETTER from Eric Wynn dated 8/19/2021 re: I Eric Wynn decided to withdraw the case because Tucker-Albin & Assoc. is a collection agency that did not identify themselves as a collection agency for debt? When they contacted me via email? Second reason is that the collection agency of Tucker Albin Assoc. of Texas is owned by and their members including their executives that are high up in the company are members of the Proud Boys group in Texas, USA....I decided to withdraw the case against Tucker Albin & Assoc. of Texas, USA. For now. Document filed by Eric E. Wynn. (ok) |
| Mailed a copy of #15 Memo Endorsement, to Eric E. Wynn at P.O. Box 862, Hartsdale, NY 10530. (dsh) |
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Filing 15
MEMO ENDORSEMENT on re: #14 Letter re: I am withdrawing my case for the court, case number (21-cv-3503) because my debt falls under commercial debt, not consumer debt. Business to business; not person to business or person to person. The F.D. C.P.A Act will not apply in this case. So, I will be withdrawing the case for now, filed by Eric E. Wynn. ENDORSEMENT: The Court is in receipt of the attached letter dated August 4, 2021 from pro se Plaintiff advising the Court, in sum, that "I am withdrawing my case for the court, case number (21-cv- 3503) [b]ecause my debt falls under commercial debt, not consumer debt. Business to business; not person to business or person to person. The F.D.C.P.A. Act will not apply in this case. So I will be withdrawing the case for now." (ECF No. 14.) Though it appears that Plaintiff wishes to voluntarily discontinue this action based on his assessment that his claims are deficient, Plaintiff may have actually intended to seek to amend his complaint to assert another claim insofar as he states that he "will be withdrawing the case for now." (Id. (emphasis added).) To the extent that Plaintiff simply wishes to replead his claims, he may be entitled to file an Amended Complaint pursuant to Fed. R. Civ. P. 15 in the event that he is filing the amended complaint 21 days after serving it, or he may instead need to seek the leave of this Court if that time has lapsed. The Court does not take a view as to whether Plaintiff has a viable claim and does not mean to suggest that Plaintiff should file an amended complaint if that was not his intention. If, as seems more likely, Plaintiff intends to voluntarily dismiss this action without prejudice, he is permitted pursuant to Fed. R. Civ. P. 41(A)(1)(A)(i) to dismiss his action without prejudice and without further leave of the Court by filing a Notice of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). The Court has attached a blank notice form that he is directed to complete if he wishes to dismiss this action. The Clerk of the Court is respectfully directed to mail a copy of this Endorsement to pro se Plaintiff at his address listed on ECF and to show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/9/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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| Filing 14 LETTER from Eric E. Wynn dated 8/4/2021 re: I am withdrawing my case for the court, case number (21-cv-3503) because my debt falls under commercial debt, not consumer debt. Business to business; not person to business or person to person. The F.D.C.P.A Act will not apply in this case. So, I will be withdrawing the case for now. Document filed by Eric E. Wynn. (ok) |
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Filing 13
INFORMATION PACKAGE MAILED to Eric E. Wynn P.O. Box 862 Hartsdale, NY 10530, at, on 7/1/2021 Re: #11 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, order granting IFP application, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan)
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| Filing 12 SUMMONS ISSUED as to David Sanders, Tucker Albin Associates. (aan) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 7/1/2021 Re: Judge Nelson Stephen Roman #11 Order of Service. The following document(s) were enclosed in the Service Package: Amended complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) David Sanders, Tucker Albin Associates. (aan) |
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Filing 11
ORDER OF SERVICE: The claims against Allen Humphries are dismissed with leave to replead. 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package and to show proof of service on the docket. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon the defendants. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for David Sanders and Tucker Albin and Associates and deliver to the U.S. Marshals Service all documents necessary to effect service. SO ORDERED. Allen Humphris terminated. (Signed by Judge Nelson Stephen Roman on 6/30/2021) (vfr) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Paul E. Davison 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. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Laura Taylor Swain is no longer assigned to the case..(bcu) |
| Filing 9 AMENDED COMPLAINT against Allen Humphris, David Sanders, Tucker Albin Associates, re: amending #2 Complaint.Document filed by Eric E. Wynn. Related document: #2 Complaint.(sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 8 LETTER from Eric E. Wynn dated 5/24/2021 re: Now IWG is the parent owner and company for all Regus brands in the united states as well as other names under its corporate umbrella/s. within the United States of America...They are not forwarding the mail to where it has to go or sending it to where it had to go as a pass thru company in dealing with the United States mail system. Document filed by Eric E. Wynn. (ok) |
| Mailed a copy of #6 Letter, to Eric E. Wynn at P.O. Box 862, Hartsdale, NY 10530. (dsh) |
| Filing 6 LETTER from Eric Wynn dated 5/19/2021 re: NOW REGUS MANAGEMENT LLC, And any/all Entity's under their name brand; as well as their Parent company. In dealing with Mr. James Eric Wynn and/or Green-Jay Ltd account within their company. In dealing with the Mail service the United States postal service within this country...Note: Regus Management LLC uses their own internal policies to stop the flow of the united states mail. Form the intended person/s or business owner/s. Document filed by Eric E. Wynn. (ok) |
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Filing 7
ORDER TO AMEND: 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 Courts Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 21-CV-3503 (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 complaint will be dismissed for failure to state a claim upon which relief may be granted. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 5/17/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 LETTER from Eric E. Wynn dated 4/29/2021 re: Tucker Albin: & Associates: and Regus Management Group LLC did not state or even mention, and/or identify themselves that they were a 3 Party Collection Agency. Or attorneys at law and this phone call is to collect a debt for our client or other under the Regus name or the parent company...Was this before or after they got the termination of the services letter with Mr. Wynn and/ore Green-Jay Ltd. Document filed by Eric E. Wynn. (ok) |
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Filing 4
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 4/26/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 NOTICE OF PRO SE APPEARANCE by Eric E. Wynn. (sac) |
| Filing 2 COMPLAINT against Regus Management Group LLC, David Sanders, Tucker Albin Associates. Document filed by Eric E. Wynn. (Attachments: #1 Main Document, #2 Main Document, #3 Main Document, #4 Main Document, #5 Main Document, #6 Main Document) (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Eric E. Wynn. (sac) |
| Case Designated ECF. (sac) |
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