Suozzo v. Beck Chevrolet Co., Inc. et al
| Joseph Suozzo |
| Beck Chevrolet Co., Inc. and Russell S. Geller |
| 7:2022cv01071 |
| February 8, 2022 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Beck Chevrolet Co., Inc. served on 3/10/2022, answer due 3/31/2022. Service was made by Mail. Document filed by Joseph Suozzo. (ok) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Russell S. Geller served on 3/10/2022, answer due 3/31/2022. Service was made by Mail. Document filed by Joseph Suozzo. (ok) |
Filing 8
ORDER: Accordingly, the action is dismissed without prejudice for lack of subject-matter jurisdiction. Fed. R. Civ. P. 12(h)(3). 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, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff, note service on the docket, and close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/10/2022) (jca) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #8 Order of Dismissal to Joseph Suozzo at 2600 Netherland Ave., Bronx, NY 10463. (kh) |
| Filing 7 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Russell S. Geller, served on 2/14/2022, answer due 3/7/2022. Service was accepted by Russell Geller. Document filed by Joseph Suozzo. (sc) |
| Filing 6 SUMMONS RETURNED EXECUTED. Summons and Complaint; served. Beck Chevrolet Co., Inc. served on 2/14/2022, answer due 3/7/2022. Service was accepted by Russell Geller. Document filed by Joseph Suozzo. (sc) |
| Filing 5 AMENDED COMPLAINT, re: amending #1 Complaint against Beck Chevrolet Co., Inc., Russell S. Geller with JURY DEMAND.Document filed by Joseph Suozzo. Related document: #1 Complaint.(sc) |
| Filing 4 NOTICE OF APPEARANCE by Stevan Hendrik Labonte on behalf of Beck Chevrolet Co., Inc., Russell S. Geller..(Labonte, Stevan) |
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Filing 3
ORDER TO AMEND: The Court grants Plaintiff 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 7:22-CV-1071 (PMH). An amended complaint form is attached to this order. Defendants need not respond to Plaintiffs Complaint until the Court directs them to do so. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the Court will dismiss this action; the Court will dismiss Plaintiff's claims under federal law for failure to state a claim on which relief may be granted, and the Court will decline to consider, under its supplemental jurisdiction, Plaintiff's claims under state law. 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, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/11/2022) (jca) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order, to Joseph Suozzo at 2600 Netherland Ave., Bronx, NY 10463. (dsh) |
| SUMMONS ISSUED as to Beck Chevrolet Co., Inc., Russell S. Geller. (ok) |
| Filing 1 COMPLAINT against Beck Chevrolet Co., Inc., Russell S. Geller. (Filing Fee $ 402.00, Receipt Number 465407018883)Document filed by Joseph Suozzo..(rdz) |
| Case Designated ECF. (rdz) |
| 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. (rdz) |
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