Newell v. State University of New York Westchester Community College
| Kerrie Newell |
| State University of New York Westchester Community College |
| 7:2022cv08524 |
| October 4, 2022 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990 |
| None |
Docket Report
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This docket was last retrieved on June 20, 2023. A more recent docket listing may be available from PACER.
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Filing 19
LETTER addressed to Judge Philip M. Halpern from K. Newell, dated 12/1/22 re: "OPPOSITION LETTER(TO DOC. 18) WITH REQUEST FOR LEAVE TO FILE OUT OF TIME" - Plaintiff received the letter from the defendant on 11/25/22, leaving the plaintiff very little time to file the response etc. Wherefore, the plaintiff requests for leave to file out of time, this response to the letter from defendant. Document filed by Kerrie Newell.(sc)
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Filing 18
FIRST LETTER MOTION for Conference to file Rule 12(b)(6) motion addressed to Judge Philip M. Halpern from Loren Zeitler dated 11.29.2022. Document filed by State University of New York Westchester Community College..(Zeitler, Loren)
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Filing 17
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. State University of New York Westchester Community College, served on 11/8/2022, answer due 11/29/2022. Service was accepted by Stewart M. Glass. Document filed by Kerrie Newell. (sc)
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Received returned mail re: #8 Mediation Referral Order for Pro Se Employment Discrimination Cases. Mail was addressed to Kerrie Newell, P.O. Box 133, Georgetown, CT 06829 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward. (vn)
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Filing 16
MEMO ENDORSEMENT on re: #14 Letter, filed by Kerrie Newell. ENDORSEMENT: Application denied. The Order of Service lists the correct address for State University of New York Westchester Community College. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/31/2022) (jca)
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Filing 15
MEMO ENDORSEMENT on re: #13 Letter, filed by Kerrie Newell. ENDORSEMENT Application denied. The parties are directed to comply with the Mediation Referral Order. (Doc. 8). SO ORDERED. (Signed by Judge Philip M. Halpern on 10/31/2022) (jca)
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Filing 14
LETTER addressed to Judge Philip M. Halpern from K. Newell, dated 10/27/22 re: "RE-ISSUANCE OF ORDER OF SERVICE(DOC. 9) & REQUEST TO TAKE RESPONSIBILITY OF SERVICE" - Plaintiff requests that the Order of Service, dated 10/14/22, for the above case be re-issued to match the correct delivery address which is listed on the Civil Cover Sheet dated 10/4/22. Document filed by Kerrie Newell.(sc) Modified on 10/28/2022 (sc).
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Filing 13
LETTER addressed to Judge Philip M. Halpern from Kerrie Newell, dated 10/25/22 re: "MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES" - Plaintiff respectfully declines both the Mediation Referral Order and the Court's request for pro bono counsel for mediation(Doc. 8). Plaintiff has already engaged in mediation with SUNY Westchester Community College on the matter etc. Document filed by Kerrie Newell.(sc)
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Filing 12
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Kerrie Newell consents to receive electronic service via the ECF system. Document filed by Kerrie Newell.(sc)
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Filing 11
INFORMATION PACKAGE MAILED to Kerrie Newell P.O. Box 133 Georgetown, CT 06829, at, on 10/17/2022 Re: #9 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, a copy of the Mediation Referral Order for Pro Se Employment Discrimination Cases, 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 10
SUMMONS ISSUED as to State University of New York Westchester Community College. (aan)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/17/2022 Re: Judge Philip M. Halpern #9 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) State University of New York Westchester Community College. (aan)
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MAILING RECEIPT: Document No: 8. Mailed to: Kerrie Newell P.O. Box 133 Georgetown, CT 06829. (kh)
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Filing 9
ORDER OF SERVICE: The Clerk of Court is instructed to issue a summons for Defendant State University of New York Westchester Community College, complete the USM-285 forms with the address for this defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/14/2022) (jca) Transmission to Pro Se Assistants for processing.
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Filing 8
MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES IT IS ORDERED that this pro se case is referred for mediation to the Court's Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that the Clerk of Court shall attempt to locate pro bono counsel to represent Plaintiff at the mediation. Pro bono counsel will contact Plaintiff directly. The time to assign a mediator under Local Civil Rule 83.9 and the Courts Mediation Program Procedures will be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent Plaintiff solely for purposes of the mediation, and that representation will terminate at the conclusion of the mediation process. IT IS FURTHER ORDERED that any objection by Plaintiff either to the mediation or to the Court's request for pro bono counsel to represent Plaintiff in the mediation must be filed within 14 days of this order. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/14/2022) (jca)
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Magistrate Judge Judith C. McCarthy 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. (vba)
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NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case. (vba)
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Filing 6
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 10/12/2022) (vn)
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Filing 5
LETTER from Kerrie Newell dated 10/6/2022 re: I am humbly requesting to be able to request the Westchester County Sheriff's Office to be able to serve the court summons/notice of suit, in the aforementioned case....Thank you for your consideration. Document filed by Kerrie Newell. (ok)
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Filing 4
AFFIDAVIT in Support re: #2 Complaint. Document filed by Kerrie Newell..(rdz)
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Filing 3
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kerrie Newell..(rdz)
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Filing 2
COMPLAINT against State University of New York Westchester Community College. Document filed by Kerrie Newell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(rdz)
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Filing 1
CIVIL COVER SHEET..(rdz)
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Case Designated ECF. (rdz)
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| Plaintiff: Kerrie Newell | |
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| Defendant: State University of New York Westchester Community College | |
| Represented By: | Loren Zeitler |
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