Silver v. Hauser et al
Plaintiff: Frederick O. Silver
Defendant: Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Capital Management Services, LP and Paul R. Hunziker, Jr.
Case Number: 1:2021cv00319
Filed: February 26, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Jeremiah J McCarthy
Referring Judge: Lawrence J Vilardo
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2022 Opinion or Order Filing 116 CERTIFICATE OF SERVICE by Capital Management Services, LP re #115 Memorandum in Opposition to Motion (Fjermedal, Glenn)
October 18, 2022 Opinion or Order Filing 115 MEMORANDUM in Opposition re #110 MOTION to Strike filed by Capital Management Services, LP. (Fjermedal, Glenn)
October 17, 2022 Opinion or Order Filing 114 TEXT ORDER: On 10/17/2022, the pro se plaintiff, Frederick Silver, filed an "Emergency Motion" to "Expedite Proceedings Pursuant to 29 [C.F.R.] 18.42." Docket Item 113. In that motion, Silver claims that this Court "keeps giving [defense counsel] months to file [n]onsensical [m]otion[s] on issues that have nothing to do with [Silver's] [c]omplaint and [c]laims." Id. at 1. More specifically, Silver argues that defense counsel "keeps asking this Court to declare [Silver] a [v]exatious [l]itigant" even though "[f]ederal courts are courts of limited jurisdiction" and defense counsel "has not cited to any statu[te]" that would allow this Court to enter such an order. Id. There is no pending motion to declare Silver a vexatious litigant, and this Court has no idea about what Silver means by the Court's repeatedly giving defense counsel "months to file... [m]otions." Id. Silver also does not link anything about which he complains to any need to expedite anything. Silver's motion to expedite proceedings, Docket Item 113, therefore is denied.On 9/12/2022, this Court reminded Silver that his permission to file documents electronically could be "revoked at any time" and warned Silver that "filing further frivolous motions may result in the revocation of his ECF privileges." Docket Item 96 at 22. Silver's "emergency motion" seeks to expedite proceedings based on a regulation governing administrative hearings before the Department of Labor. Docket Item 113 (citing 29 C.F.R. 18.42). And for the reasons stated above and noted below, the arguments in that motion substantively make no sense and lack merit. Given that Silver's "use of the ECF system is unsatisfactory and that use of the ECF system by a pro se litigant is a privilege, not a right," Silver's ECF filing privileges are hereby revoked. See Shukla v. Apple Inc., 2021 WL 5281371, at *3 (S.D.N.Y. Nov. 12, 2021) (citations omitted). Further filings must be submitted via mail to the Clerk of the Court. The time for Silver to reply in further support of his motion to amend, Docket Item 101, is extended until 10/28/2022. Finally, the Court warns Silver that "[a] district court may, in its discretion, impose sanctions against litigants who abuse the judicial process." Shafii v. British Airways, PLC, 83 F.3d 566, 571 (2d Cir. 1996). And a district court may "issue an injunction limiting vexatious litigation" under the All Writs Act. See Houghtaling v. Eaton, 559 F. Supp. 3d 164, 171 (W.D.N.Y. 2021). So Silver's argument that this Court lacks the power to declare him a vexatious litigant is meritless. Although this Court declines to make that declaration at this time, Silver is warned that such a finding may be warranted in the future. The Second Circuit has set forth "several factors to be considered in restricting a litigant's future access to courts": (1) "the litigant's history of litigation and... whether it entailed vexatious, harassing[,] or duplicative lawsuits"; (2) "the litigant's motive in pursuing the litigation"; (3) "whether the litigant is represented by counsel"; (4) "whether the litigant has caused needless expense to other parties or has posed an unnecessary burden on the courts and their personnel"; and (5) "whether other sanctions would be adequate to protect the courts and other parties." Iwachiw v. N.Y. State Dep't of Motor Vehicles, 396 F.3d 525, 528 (2d Cir. 2005). Should Silver continue to make frivolous filings, he will be ordered to show cause why this Court should not enter a vexatious litigant order or filing injunction. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/17/2022. (WMH)Clerk to Follow up
October 17, 2022 Opinion or Order Filing 113 Emergency MOTION to Expedite Motion to Expedite proceedings Pursuant to 29 CFR 18.42 by Frederick O. Silver.(Silver, Frederick)
October 16, 2022 Opinion or Order Filing 112 Letter filed by Frederick O. Silver as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr SUBPOENA ISSUANCE REQUEST. (Silver, Frederick)
October 12, 2022 Opinion or Order Filing 111 TEXT ORDER: Defendant's response to plaintiff's motion to strike and for other relief #110 shall be filed by October 18, 2022, and plaintiff's reply, if any, in further support of that motion #110 shall be filed by October 25, 2022, after which time motions [101, 109, 110] will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/12/22. (MDY)
October 11, 2022 Opinion or Order Filing 110 MOTION TO STRIKE re #109 MOTION denying Plaintiff Frederick O. Silvers Motion to Amend the Complaint to Add New Parties (Docket No. 101) and granting CMS and Barclays Cross-Motion for Fed. R. Civ. Pro. Rule 41(d) relief re #101 MOTION MOTION TO AMEND COMPLAINT WITH CLAI filed by Frederick O. Silver. (Silver, Frederick) Converted to motion on 10/12/2022 (EG).
October 11, 2022 Opinion or Order Filing 109 MOTION denying Plaintiff Frederick O. Silvers Motion to Amend the Complaint to Add New Parties (Docket No. 101) and granting CMS and Barclays Cross-Motion for Fed. R. Civ. Pro. Rule 41(d) relief re #101 MOTION MOTION TO AMEND COMPLAINT WITH CLAIMS TO ADD NEW PARTIES re #98 REPORT AND RECOMMENDATIONS re #97 MOTION MOTION TO ENTER SCHEDULING ORDER MOTION to Amend/Correct filed by Frederick O. Silver Objections due fourteen days fr by Capital Management Services, LP. (Attachments: #1 Memorandum in Support Memo in Support of Cross Motion and Opposition to Defendants Motion, #2 Exhibit Exhibit A- Complaint, #3 Exhibit Exhibit B- So Ordered Stipulation)(Fjermedal, Glenn)
October 10, 2022 Opinion or Order Filing 108 MOTION for Certificate of Appealability COMBINED MOTIONS by Frederick O. Silver.(Silver, Frederick)
October 10, 2022 Opinion or Order Filing 107 MOTION OBJECTION TO TEXT ORDER ISSUED BY MAGISTRATE JUDGE JEREMIAH J. MCCARTHY ON TUESDAY, OCTOBER 04, 2022 re 105 Order on Motion for Miscellaneous Relief,,, by Frederick O. Silver.(Silver, Frederick)
October 4, 2022 Opinion or Order Filing 106 TEXT ORDER: Since plaintiff's motion for leave to file an Amended Complaint #101 remains pending, the October 12, 2022 scheduling conference #99 is adjourned pending resolution of that motion. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/4/22. (MDY)
October 4, 2022 Opinion or Order Filing 105 TEXT ORDER: Before the court is plaintiff's "Motion for Leave to Take Limited Discovery on Capital Management Services, L.P. Prior to a Rule 26(f) Conference" #104 , which seeks "the Name of the individual [who] mailed plaintiff th[e] 2 letters demanding payment on this alleged Debt" in order to "learn the identity of [the] Doe defendants". Id. at 1-2. However, District Judge Vilardo previously dismissed the individual defendants, who were employees of Capital Management Services, LP. See Decision and Order #96 at 17-18. In any event, no John or Jane Doe defendants are currently named in the Complaint and plaintiff's motion for leave to amend the Complaint to add such defendants #101 remains pending. Therefore, the motion #104 is denied. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/4/22. (MDY)
October 3, 2022 Opinion or Order Filing 104 MOTION MOTION FOR LEAVE TO TAKE LIMITED DISCOVERY ON CAPITAL MANAGEMENT SERVICES, L.P. PRIOR TO A RULE 26(f) CONFERENCE. by Frederick O. Silver.(Silver, Frederick)
September 27, 2022 Opinion or Order Filing 103 TEXT ORDER: Defendant's response to plaintiff's motion to amend #101 shall be filed on or before October 11, 2022. Plaintiff's reply, if any, shall be filed by October 18, 2022, after which time the motion will be taken under advisement without oral argument unless otherwise deemed necessary or requested by the parties. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/27/2022. (EG)
September 24, 2022 Opinion or Order Filing 102 MOTION re #56 MOTION for Summary Judgment, #96 Decision and Order,,, Terminate Motions,, COMBINED MOTION by Frederick O. Silver.(Silver, Frederick)
September 20, 2022 Opinion or Order Filing 101 MOTION MOTION TO AMEND COMPLAINT WITH CLAIMS TO ADD NEW PARTIES re #98 REPORT AND RECOMMENDATIONS re #97 MOTION MOTION TO ENTER SCHEDULING ORDER MOTION to Amend/Correct filed by Frederick O. Silver Objections due fourteen days from receipt. by Frederick O. Silver.(Silver, Frederick)
September 20, 2022 Opinion or Order Filing 100 MOTION MOTION FOR COURT ORDER UNDER FRCP re #96 Decision and Order,,, Terminate Motions,, by Frederick O. Silver.(Silver, Frederick)
September 14, 2022 Opinion or Order Filing 99 ORDER OF PRELIMINARY PRETRIAL CONFERENCE. As set forth in the order, a teleconference is set for October 12, 2022 at 11:00 AM before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. It remains the parties' responsibility to read the attached Order. Signed by Hon. Jeremiah J. McCarthy on 9/14/2022. (EG)
September 14, 2022 Opinion or Order Filing 98 REPORT, RECOMMENDATION and ORDER addressing plaintiff's Combined Motions #97 . Objections to R&R due by 9/28/2022. Signed by Hon. Jeremiah J. McCarthy on 9/14/22. (MDY)
September 13, 2022 Opinion or Order Filing 97 MOTION TO ENTER SCHEDULING ORDER, MOTION to Amend the Complaint by Frederick O. Silver.(Silver, Frederick). Added MOTION to Amend on 9/13/2022 (JLV).
September 13, 2022 Opinion or Order E-Filing Notification: #97 MOTION; Clerk added additional relied, MOTION to Amend the Complaint, to match document filed. (JLV)
September 12, 2022 Opinion or Order Filing 96 DECISION AND ORDER: Silver's appeal of Judge McCarthy's order, Docket Item 72, is DENIED, and the defendants' motion for summary judgment, Docket Item 56, is GRANTED in part and DENIED without prejudice in part. Silver's remaining motions, Docket Items 58, 71, 73, 86, 87, are DENIED. The Clerk of the Court shall terminate all defendants except Capital Management Services, LP, as defendants to this case. The case is referred back to Judge McCarthy for further proceedings consistent with the referral order of June 1, 2021, Docket Item 34. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/12/2022. (WMH)Clerk to Follow up
July 20, 2022 Opinion or Order Filing 95 REPLY/RESPONSE to re #94 Letter OBJECTION TO LETTER FILED ON TUESDAY, JULY 19, 2022 BY GLENN MICHAEL FJERMEDAL, BAR # 2324788, UNDER FEDERAL RULES OF EVIDENCE: ARTICLE VIII. HEARSAY & ARTICLE IX. AUTHENTICATION AND IDENTIFICATION filed by Frederick O. Silver. (Silver, Frederick)
July 19, 2022 Opinion or Order Filing 94 Letter filed by Capital Management Services, LP as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr . (Fjermedal, Glenn)
June 27, 2022 Opinion or Order Filing 93 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re: #80 Objections to #86 Report and Recommendation held on 6/27/2022. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Defendants' supplemental submission is due by 7/18/2022. Plaintiff's response, including documentation of any collection attempts made by defendants after they were told to stop, is due by 8/8/2022. Defendants' reply, if any, is due by 8/15/2022. Plaintiff will submit letter to Court noting where on the docket his motion to amend the pleadings is filed. Court reserved decision. Appearances by ZOOM Video Conference. Pro Se Plaintiff Frederick Silver. For defendants: Glenn M. Fjermedal. (Court Reporter Ann M. Sawyer.) (CMD)
June 21, 2022 Opinion or Order Motions terminated: #77 MOTION Motion for case status inquiry re #74 Order filed by Frederick O. Silver, #91 MOTION MOTION FOR LIST OF WITNESSES filed by Frederick O. Silver. (WMH)
June 15, 2022 Opinion or Order Filing 92 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference/Oral Argument held on 6/15/2022. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court denied plaintiff's motion for witness list as moot. Court found that sanctions for potential violations of Docket Item 50 were not appropriate at this time, but warned that sanctions may be warranted for other filings by plaintiff. Court reserved decision on plaintiff's motion for transcripts. Oral Argument re: Objections to #86 Report and Recommendation scheduled for 6/27/2022 at 2:30 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. Public access to the proceeding can be obtained by viewing Judge Vilardo's calendar on the public website at www.nywd.uscourts.gov, or by contacting Judge Vilardo's chambers at (716) 551-1621. Appearances by ZOOM Video/Teleconference. Pro Se Plaintiff Frederick O. Silver. For defendants: Glenn M. Fjermedal. (Court Reporter Ann M. Sawyer.) (CMD)
June 8, 2022 Opinion or Order Filing 91 MOTION MOTION FOR LIST OF WITNESSES by Frederick O. Silver.(Silver, Frederick)
June 3, 2022 Opinion or Order Filing 90 TEXT ORDER. Status Conference/Oral Argument set for 6/15/2022 at 2:30 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. Public access to the proceeding can be obtained by viewing Judge Vilardo's calendar on the public website at www.nywd.uscourts.gov, or by contacting Judge Vilardo's chambers at (716) 551-1621. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/3/2022. (CMD)
April 28, 2022 Opinion or Order Filing 89 REPLY/RESPONSE to re #88 Letter PLAINTIFFS RESPONSE TO LETTER FILED ON 04/28/2022 BY GLENN MICHAEL FJERMEDAL, BAR # 2324788 filed by Frederick O. Silver. (Silver, Frederick)
April 28, 2022 Opinion or Order Filing 88 Letter filed by Capital Management Services, LP as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr . (Fjermedal, Glenn)
March 21, 2022 Opinion or Order Filing 87 MOTION MOTION TO OBTAIN THE STATUS CONFERENCE HEARING TRANSCRIPT AT GOVERNMENT EXPENSE by Frederick O. Silver.(Silver, Frederick)
February 20, 2022 Opinion or Order Filing 86 MOTION PLAINTIFFS MOTION TO TAKE JUDICIAL NOTICE UNDER FEDERAL RULES OF EVIDENCE RULE 201 TO HON. LAWRENCE J. VILARDO by Frederick O. Silver.(Silver, Frederick)
January 30, 2022 Opinion or Order Filing 85 DECLARATION re #82 Declaration filed by Frederick O. Silver DECLARATION OF VIOLATION OF 15 U.S. CODE 1692G - VALIDATION OF DEBTS BY DANIEL ABADIR, CAPITAL MANAGEMENT SERVICES, LP, JEFFREY A. HAUSER, PAUL R. HUNZIKER, JR, KAREN KRASKA filed by Frederick O. Silver. (Attachments: #1 Exhibit)(Silver, Frederick)
January 27, 2022 Opinion or Order Filing 84 OBJECTIONS to Declaration #82 , Certificate of Service #83 PLAINTIFF'S AFFIDAVIT OF REBUTTAL /OBJECTION TO DECLARATION OF GLENN M. FJERMEDAL Dkt. 82, IN REPLY TO PLAINTIFFS OBJECTION TO THE REPORT AND RECOMMENDATION OF THE HONORABLE JEREMIAH J. MCCARTHY ORDER DKT. 79 filed by Plaintiff Frederick O. Silver.. (Silver, Frederick)
January 19, 2022 Opinion or Order Filing 83 CERTIFICATE OF SERVICE by Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska re #82 Declaration (Fjermedal, Glenn)
January 19, 2022 Opinion or Order Filing 82 DECLARATION re #80 Objection to Report and Recommendations filed by Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska . (Fjermedal, Glenn)
December 29, 2021 Opinion or Order Filing 81 TEXT ORDER re: #80 Objections to the #79 Report and Recommendation. Response due by 1/19/2022. Reply due by 2/2/2022. If necessary, the Court will schedule oral argument at a later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/29/2021. (WMH)
December 27, 2021 Opinion or Order Filing 80 OBJECTION to #79 Report and Recommendations by Frederick O. Silver. (JLV)
December 13, 2021 Opinion or Order Filing 79 REPORT AND RECOMMENDATION re #56 MOTION for Summary Judgment filed by Daniel Abadir, Capital Management Services, LP, Paul R. Hunziker, Jr., Karen Kraska, Jeffrey A. Hauser. Objections to R&R due by 12/27/2021. Signed by Hon. Jeremiah J. McCarthy on 12/13/21. (MDY)
December 3, 2021 Opinion or Order Filing 78 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 12/3/2021. The parties appear by telephone. The court addresses defendants' motion to dismiss #56 , which was converted by the court to a motion for summary judgment #69 . The court notes that plaintiff failed to respond to the motion or identify any specific discovery he required to oppose the motion. Plaintiff states that he did not think he had to respond. Defendants rest on their papers. The court will issue Report and Recommendation in due course.APPEARANCES (by telephone): Plaintiff Frederick Silver; Glen Fjermedal for defendants (AT&T) (EG)
November 11, 2021 Opinion or Order Filing 77 MOTION Motion for case status inquiry re #74 Order by Frederick O. Silver.(Silver, Frederick)
August 3, 2021 Opinion or Order Filing 76 Amended MOTION to Strike #66 Redacted Document by Frederick O. Silver. (Attachments: #1 Exhibit)(Silver, Frederick)
August 3, 2021 Opinion or Order Filing 75 Amended MOTION for Summary Judgment #71 by Frederick O. Silver. (Attachments: #1 Exhibit)(Silver, Frederick) Modified on 8/3/2021 (JLV).
August 3, 2021 Opinion or Order E-Filing Notification: #76 Amended MOTION to Strike #75 Amended MOTION for Summary Judgment; added links to original motions filed. (JLV)
August 2, 2021 Opinion or Order Filing 74 ORDER deferring consideration of plaintiffs pending motions [71, 73]. Signed by Hon. Jeremiah J. McCarthy on 8/2/21. (MDY)
July 30, 2021 Opinion or Order Filing 73 Emergency MOTION to Strike #66 Redacted Document MOTION EXCLUDE / STRIKE DOCUMENT 66 FILED 07/29/21 UNDER RULE 901 by Frederick O. Silver. (Attachments: #1 Exhibit)(Silver, Frederick)
July 30, 2021 Opinion or Order Filing 72 OBJECTIONS to Order,, Set Hearings, #69 , Text Order,, Terminate Motions, 55 , Order on Report and Recommendations, Order on Motion to Dismiss #54 filed by Plaintiff Frederick O. Silver.. (Silver, Frederick)
July 30, 2021 Opinion or Order Filing 71 Emergency MOTION for Summary Judgment by Frederick O. Silver. (Attachments: #1 Exhibit)(Silver, Frederick)
July 30, 2021 Opinion or Order Filing 70 TEXT ORDER: Before the court is plaintiff's motion #68 requesting the court to "Certify its Order under 28 U.S. Code 1292 for Interlocutory Appeal from any motion filed by plaintiff from and after 7/30/2021" (emphasis added). Since no other motions have been filed or resolved today and it remains unclear what motions plaintiff may file in the future or how those motions may be resolved, the motion is denied as premature. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/30/21. (MDY)
July 30, 2021 Opinion or Order Filing 69 ORDER converting defendants' motion to dismiss #56 to one for summary judgment and setting a briefing schedule on that motion including the pro se notice required by L.R. Civ. P. 56(b). Signed by Hon. Jeremiah J. McCarthy on 7/30/21. (MDY)
July 30, 2021 Opinion or Order Filing 68 Emergency MOTION MOTION ON QUESTION UNDER 28 U.S. CODE 1292 by Frederick O. Silver.(Silver, Frederick)
July 30, 2021 Opinion or Order Filing 67 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/30/2021. The court addresses letter docketed by defendants on July 27th and protection of personal information. Plaintiff believes document is not responsive. The court indicates that it will convert defendants' motion to dismiss into a motion for summary judgment. All other discovery is stayed. The court instructs plaintiff to address any outstanding discovery in his response to the motion. Response/reply/oral argument dates discussed and set. Text order to follow.APPEARANCES (by telephone): Plaintiff Fredrick Silver; Glenn Fjermedal for defendants (AT&T) (EG)
July 29, 2021 Opinion or Order Filing 66 REDACTED version of letter 65 by Capital Management Services, LP. as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr. (EG)
July 13, 2021 Opinion or Order Filing 64 TEXT ORDER: In accordance with today's telephonic conference, by July 27, 2021 defendants shall provide plaintiff (and the court) with written documentation from Barclays Bank Delaware establishing that Barclays had retained Capital Management Services, LP to collect the subject debt. Plaintiff's requests for subpoenas [57 and 61] and motion for issuance of a subpoena #58 , as well as defendants' response to that motion, will be held in abeyance pending a conference scheduled for July 30, 2021 at 2:00 p.m. This appearance will be held by AT&T teleconference. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/13/21. (MDY)
July 13, 2021 Opinion or Order Filing 63 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/13/2021. The parties appear by telephone. The court reviews plaintiff's request for certain discovery with the parties. The court orders defendant to produce certain records relating to defendant's retention with respect to plaintiff's account. Response deadlines to be held in abeyance. Text Order to follow.APPEARANCES (by phone): Plaintiff Fredrick Silver; Glenn Fjermedal for defendants (AT&T) (EG)
July 9, 2021 Opinion or Order Filing 62 TEXT ORDER: Defendants' letter request #60 for an extension of their deadline for responding to plaintiff's motion #58 due to counsel's vacation schedule is granted. The deadline for response is extended to and including July 16, 2021. A teleconference will be held on July 13, 2021 at 3:00 p.m. EDT to address discovery, including plaintiffs request for a subpoena #61 . This appearance will be held by AT&T teleconference. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/9/2021. (EG)
July 9, 2021 Opinion or Order E-Filing Notification: #60 Letter; this document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (JLV)
July 9, 2021 Opinion or Order E-Filing Notification: #61 Emergency MOTION SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION; modified entry to match document filed, Request for Subpoena. (JLV)
July 8, 2021 Opinion or Order Filing 61 Request for Subpoena of Jeffrey A. Hauser, Daniel Abadir, Karen Kraska, Paul R. Hunziker Jr. by Frederick O. Silver.(Silver, Frederick) Modified on 7/9/2021 (JLV).
July 8, 2021 Opinion or Order Filing 60 Letter filed by Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr . (Fjermedal, Glenn)
July 8, 2021 Opinion or Order Filing 59 TEXT ORDER: Defendants shall respond to plaintiff's motion for issuance of a subpoena #58 by July 13, 2021, and the motion will then be deemed submitted. Once that motion is decided, a briefing schedule for defendants' motion to dismiss #56 will be set. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/8/2021. (EG)
July 8, 2021 Opinion or Order E-Filing Notification: #57 DEPOSITION of CORY ROBERT MAGNUSON; modified entry to match document filed, Request for Subpoena. (JLV)
July 8, 2021 Opinion or Order E-Filing Notification: #58 Emergency MOTION REQUEST AND MOTION FOR ORDER; added additional relief to motion, Motion for Service by US Marshal, and modified text to match document filed. (JLV)
July 7, 2021 Opinion or Order Filing 58 Emergency MOTION for Issuance of Subpoena and Motion for Service by US Marshal re #56 MOTION to Dismiss by Frederick O. Silver.(Silver, Frederick). Added MOTION for Service by US Marshal on 7/8/2021 (JLV).
July 7, 2021 Opinion or Order Filing 57 Request for Subpoena of CORY ROBERT MAGNUSON by Frederick O. Silver.(Silver, Frederick) Modified on 7/8/2021 (JLV).
July 7, 2021 Opinion or Order Filing 56 MOTION for Summary Judgment by Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit Declaration- Exhibit A, #4 Exhibit Declaration- Exhibit B, #5 Exhibit Declaration- Exhibit C, #6 Certificate of Service)(Fjermedal, Glenn) Modified on 7/30/2021 per Doc. No. #69 Order. (JLV).
July 7, 2021 Opinion or Order Filing 55 TEXT ORDER denying the MOTION MOTION FOR ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGES REPORT AND RECOMMENDATION, Docket Item #53 as moot. Silver's request for an order directing the Clerk of the Court to strike documents from the record is directed to Judge McCarthy consistent with the referral order of 06/01/2021, Docket Item 34. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 07/07/2021. (SAV)
July 7, 2021 Opinion or Order Filing 54 ORDER adopting the REPORT, RECOMMENDATION and ORDER, Docket Item #42 denying the First Motion to Dismiss, Docket Item #13 , without prejudice. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 07/07/2021. (SAV)
July 6, 2021 Opinion or Order Filing 53 MOTION MOTION FOR ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGES REPORT AND RECOMMENDATION # 42 re 45 Status Conference,,, Terminate Motions,, #42 Report and Recommendations, Terminate Motions by Frederick O. Silver.(Silver, Frederick)
June 30, 2021 Opinion or Order Filing 52 TEXT ORDER: Before the court is plaintiff's Motion on Question of Expenses and Just Costs #51 , which "seeks for the Hon. Lawrence J. Vilardo, to say what expenses and just costs Plaintiff is entitled to in this matter before this Court". Plaintiff's prior request for counsel fees of $740.00 #48 was denied by Judge Vilardo 50 . Plaintiff's Motion #51 merely seeks the court's advice on what relief may be available in the future, and courts "are not permitted to render an advisory opinion". Ake v. Oklahoma, 470 U.S. 68, 75, 53 (1985). Therefore, the Motion #51 is denied. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/30/21. (MDY)
June 30, 2021 Opinion or Order Filing 51 MOTION for More Definite Statement MOTION ON QUESTION OF EXPENSES AND JUST COSTS by Frederick O. Silver.(Silver, Frederick)
June 24, 2021 Opinion or Order Filing 50 TEXT ORDER denying Silver's "Objection to Text Order Issued by Hon. Jeremiah J McCarthy on 6/23/2021," see Docket Item #48 . Silver objects to a stay of discovery as well as to the denial of his request for attorney's fees. See id. Judge McCarthy has since clarified that discovery is not stayed and may proceed, see Docket Item #49 , and that portion of the objection therefore is DENIED as moot. Silver also argues that he is entitled to attorney's fees under Federal Rule of Procedure 26(c)(3) and Rule 37(a)(5) as "a party against whom a stay order is sought but not obtained." Docket Item #48 at 3. Pro se litigants are not entitled to attorney fees. See, e.g., Gibson v. Heary, 2020 WL 570604, at *2 (W.D.N.Y. Feb. 5, 2020) (noting that pro se litigants may not obtain attorney fees under Fed. R. Civ. P. 37(a)(5)). Frederick O. Silver is the plaintiff. He claims that his "undersigned[ c]ounsel of record" is "Silver Frederick who is One of the People of the United States of America." Docket Item #48 at 1. The pleading is signed "/s/ Frederick O. Silver," however, not "Silver Frederick"albeit over a signature line that reads "Silver, Frederick Omoyuma." Id. at 4. Moreover, no attorney has entered a notice of appearance on behalf of the plaintiff. It therefore is quite clear to the Court that Silver represents himself and proceeds pro se. Silver is warned that any attempt to deceive the Courtby reversing the order of his first and last names or otherwiseis subject to sanction. Silver's request for attorney's fees is DENIED. His objection is therefore denied in its entirety. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 06/24/2021. (SAV)
June 24, 2021 Opinion or Order Filing 49 DECISION and ORDER re: plaintiff's objection #48 . Signed by Hon. Jeremiah J. McCarthy on 6/24/21. (MDY)
June 23, 2021 Opinion or Order Filing 48 OBJECTIONS Objection to TEXT ORDER Issued by Hon. Jeremiah J. McCarthy on 6/23/2021 filed by Plaintiff Frederick O. Silver.. (Silver, Frederick)
June 23, 2021 Opinion or Order Filing 47 NOTICE by Frederick O. Silver JUDICIAL PEREMPTORY NOTICE (Silver, Frederick)
June 23, 2021 Opinion or Order Filing 46 TEXT ORDER: As discussed during today's proceeding, defendants shall file their second motion to dismiss on or before July 7, 2021. Plaintiff shall file his response on or before July 21, 2021. Defendants' reply, if any, shall be filed by July 28, 2021. Oral Argument on defendants' second motion to dismiss is set for August 2, 2021 at 4:00 PM before Hon. Jeremiah J. McCarthy. This appearance will be held by AT&T teleconference. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/23/2021. (EG)
June 23, 2021 Opinion or Order Filing 45 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 6/23/2021. The parties appear by telephone. The parties discuss plaintiff's motion #43 for Rule 16 discovery order. The parties indicate that they do not intend to file objections to the June 17th Report and Recommendation. Further proposed motions by the parties discussed. A motion schedule discussed and set as to defendants' second motion to dismiss. Text order to follow. APPEARANCES (by phone): Plaintiff Fredrick Silver; Glenn Fjermedal for defendants (AT&T) (EG) Modified on 6/24/2021 to include additional detail (EG).
June 17, 2021 Opinion or Order Filing 44 TEXT ORDER: A conference to discuss plaintiff's motion for Rule 16 scheduling conference #43 is set for 6/23/2021 at 10:00 AM before Hon. Jeremiah J. McCarthy. This appearance will be held by AT&T teleconference, unless the parties notify my chambers, no later than 24 hours in advance of this proceeding, that all parties have agreed to appear in person. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/17/2021. (EG)
June 17, 2021 Opinion or Order Filing 43 MOTION for Discovery MOTION FOR RULE 16 SCHEDULING CONFERENCE AND INTERIM DISCOVERY ORDER. by Frederick O. Silver.(Silver, Frederick)
June 17, 2021 Opinion or Order Filing 42 REPORT, RECOMMENDATION and ORDER addressing the pending motions [13, 15, 22, 26, 28, 41]. Objections to R,R&O due by 7/6/2021. Signed by Hon. Jeremiah J. McCarthy on 6/17/21. (MDY)
June 16, 2021 Opinion or Order Filing 41 Emergency MOTION for Recusal AFFIDAVIT FOR MANDATORY RECUSAL OR DISQUALIFICATION HON. JEREMIAH J. MCCARTHY, UNITED STATES MAGISTRATE JUDGE by Frederick O. Silver.(Silver, Frederick)
June 14, 2021 Opinion or Order Filing 40 ORDER denying #38 MOTION to Withdraw Order Referring Case to Magistrate Judge. Silver's motion is denied, and this action remains referred to Judge McCarthy under 28 U.S.C. 636(b)(1)(A) and (B). SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 06/14/2021. (SAV)
June 10, 2021 Opinion or Order Filing 39 Letter filed by Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr . (Fjermedal, Glenn)
June 8, 2021 Opinion or Order Filing 38 MOTION to Withdraw 34 Order Referring Case to Magistrate Judge,,,,,, Motion to withdraw consent to the jurisdiction of United States Magistrate Judge, MOTION to Disqualify Judge Motion to withdraw consent to the jurisdiction of United States Magistrate Judge by Frederick O. Silver.(Silver, Frederick)
June 8, 2021 Opinion or Order Filing 37 TEXT ORDER: As discussed during today's conference, the parties shall confer and discuss whether this matter can be resolved through settlement. The parties shall inform the court by close of business on June 22, 2021 whether a resolution has been reached. If not, the court will decide the pending motions. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/8/2021. (EG)
June 8, 2021 Opinion or Order Filing 36 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 6/8/2021. The participants appear by telephone. The court notes the existence of several pending motions. The court directs the parties to take two weeks and engage in settlement discussions and inform the court if a resolution was reached. If not, the court will decide the motions as filed. APPEARANCES (by phone): Plaintiff Frederick Silver; Glenn Fjermedal for defendants (AT&T) (EG)
June 1, 2021 Opinion or Order Filing 35 TEXT ORDER: A status conference is scheduled for June 8, 2021 at 3:00 p.m. EDT before Hon. Jeremiah J. McCarthy. This appearance will be held by AT&T teleconference, unless the parties notify my chambers, no later than 24 hours in advance of this proceeding, that all parties have agreed to appear in person. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/1/21. (a copy of this Text Order has been mailed and e-mailed to plaintiff) (MDY)
June 1, 2021 Opinion or Order Filing 34 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/1/2021. (CMD) Modified to remove notation re: mailing of text referral order to Frederick O. Silver since he receives electronic notice on 6/1/2021 (CMD).
May 31, 2021 Opinion or Order Filing 33 NOTICE by Frederick O. Silver re #1 Complaint NOTICE OF INTENT TO FILE AN AMENDED COMPLAINT (Silver, Frederick)
May 27, 2021 Opinion or Order Filing 32 RESPONSE in Opposition re #13 First MOTION to Dismiss filed by Frederick O. Silver. (Silver, Frederick)
May 20, 2021 Opinion or Order Filing 31 TEXT ORDER granting #25 MOTION for Extension of Time to File Response to #13 Motion to Dismiss. Silver's new deadline to respond is 05/27/2021. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 05/20/2021. (SAV)
May 20, 2021 Opinion or Order E-Filing Notification: #29 Original Summons Filed; modified entry to match document filed, Request for Issuance of Summons. (JLV)
May 19, 2021 Opinion or Order Filing 30 MEMORANDUM in Support re #28 MOTION to Strike #24 Response in Opposition to Motion, PLAINTIFFSS MOTION TO STRIKE DKT 24 SUPPLEMENTARY PLAINTIFF'S MOTION TO STRIKE filed by Frederick O. Silver. (Silver, Frederick)
May 19, 2021 Opinion or Order Filing 29 REQUEST for Issuance of Summons(Silver, Frederick) Modified on 5/20/2021 (JLV).
May 19, 2021 Opinion or Order Filing 28 MOTION to Strike #24 Response in Opposition to Motion, PLAINTIFFSS MOTION TO STRIKE DKT 24 by Frederick O. Silver.(Silver, Frederick)
May 19, 2021 Opinion or Order E-Filing Notification: #27 Letter; created link to Motion for Extension of Time. (JLV)
May 18, 2021 Opinion or Order Filing 27 Letter in Response to #25 Motion for Extension of Time filed by Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr . (Fjermedal, Glenn) Modified on 5/19/2021 (JLV).
May 17, 2021 Opinion or Order Filing 26 MOTION Request for Court Order Directing Glenn M. Fjermedal to Halt referring to Plaintiff as Pro-Se / Pro Se Plaintiff "Frederick O. Silver", or Mr. Silver. by Frederick O. Silver.(Silver, Frederick)
May 17, 2021 Opinion or Order Filing 25 MOTION for Extension of Time to File Response/Reply as to #13 First MOTION to Dismiss by Frederick O. Silver.(Silver, Frederick)
May 17, 2021 Opinion or Order Filing 24 RESPONSE in Opposition re #22 MOTION to Strike #13 First MOTION to Dismiss , #17 Corporate Disclosure Statement plaintiff's Affidavit for motion to strike filed by Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska. (Fjermedal, Glenn)
May 5, 2021 Opinion or Order Filing 23 Corporate Disclosure Statement by Capital Management Services, LP. (Fjermedal, Glenn)
May 4, 2021 Opinion or Order Filing 22 MOTION to Strike #13 First MOTION to Dismiss , #17 Corporate Disclosure Statement plaintiff's Affidavit for motion to strike by Frederick O. Silver.(Silver, Frederick)
May 2, 2021 Opinion or Order Filing 21 Letter filed by Frederick O. Silver as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr CONSENT TO ELECTRONIC SERVICE. (Silver, Frederick)
April 30, 2021 Opinion or Order Filing 20 CERTIFICATE OF SERVICE by Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska re #18 Letter, #17 Corporate Disclosure Statement (Fjermedal, Glenn)
April 30, 2021 Opinion or Order E-Filing Notification: #19 Request for Production of Documents; title changed to match document filed. (JLV)
April 29, 2021 Opinion or Order Filing 19 PLAINTIFF'S DEMAND for Surety Bond Information by Frederick O. Silver.(Silver, Frederick) Modified on 4/30/2021 (JLV).
April 29, 2021 Opinion or Order Filing 18 Letter filed by Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr . (Fjermedal, Glenn)
April 29, 2021 Opinion or Order Filing 17 Corporate Disclosure Statement by Capital Management Services, LP. (Fjermedal, Glenn)
April 28, 2021 Opinion or Order Filing 16 TEXT ORDER re #15 MOTION for Sanctions filed by Frederick O. Silver. Response due by 5/17/2021. Reply due by 5/24/2021. If necessary, oral argument will be scheduled at a later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/28/2021. (Chambers mailed copy of text order to pro se plaintiff, Frederick Silver)(CMD)
April 27, 2021 Opinion or Order Filing 15 MOTION for Sanctions by Frederick O. Silver.(Silver, Frederick)
April 26, 2021 Opinion or Order Filing 14 TEXT ORDER re #13 First MOTION to Dismiss filed by Daniel Abadir, Capital Management Services, LP, Paul R. Hunziker, Jr., Karen Kraska, Jeffrey A. Hauser. Response due by 5/17/2021. Reply due by 5/24/2021. If necessary, oral argument will be scheduled at a later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/26/2021. (Chambers mailed copy of text order to pro se plaintiff, Frederick Silver). (CMD)
April 23, 2021 Opinion or Order Filing 13 First MOTION to Dismiss by Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Certificate of Service)(Fjermedal, Glenn)
April 22, 2021 Opinion or Order Filing 12 CERTIFICATE OF SERVICE by Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska re #11 Letter, #10 Notice of Appearance (Fjermedal, Glenn)
April 22, 2021 Opinion or Order Filing 11 Letter filed by Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr . (Fjermedal, Glenn)
April 22, 2021 Opinion or Order Filing 10 NOTICE of Appearance by Glenn M. Fjermedal on behalf of Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska (Fjermedal, Glenn)
April 22, 2021 Opinion or Order Filing 9 Summons Returned Unexecuted by Frederick O. Silver as to Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska. (JLV)
April 14, 2021 Opinion or Order Filing 8 ORDER granting #4 Motion for Permission for Electronic Case Filing. Signed by Hon. Lawrence J. Vilardo on 4/14/2021. (JLV) Copy mailed to pro se plaintiff along with a blank Attorney Database & Electronic Case Filing Registration Form.
April 6, 2021 Opinion or Order Filing 7 TEXT ORDER denying #6 request for extension of time. The defendants' request for an extension of time to respond "to the filed [s]ummons & [c]omplaint" does not indicate when, or even whether, any defendant has yet been served. Because the plaintiff has not yet filed an affidavit of service, that request is denied without prejudice. Issued by Hon. Lawrence J. Vilardo on 04/06/2021. (SAV) (Chambers mailed a copy of this text order to the pro se plaintiff.)
April 6, 2021 Opinion or Order E-Filing Notification: #6 Letter; this document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (JLV)
April 6, 2021 Opinion or Order E-Filing Notification: Incorrect.pdf file attached to entry. Action required: re-file entry with correct attachment #5 Corporate Disclosure Statement. (JLV)
April 5, 2021 Opinion or Order Filing 6 Letter filed by Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr as to Capital Management Services, LP, Karen Kraska, Daniel Abadir, Jeffrey A. Hauser, Paul R. Hunziker, Jr . (Fjermedal, Glenn)
April 5, 2021 Opinion or Order Filing 5 Corporate Disclosure Statement by Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska. (Fjermedal, Glenn)
March 16, 2021 Opinion or Order Filing 4 MOTION for Permission for Electronic Case Filing by Frederick O. Silver. (JLV)
March 4, 2021 Opinion or Order Summons Issued as to Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska. The Clerks Office has forwarded service packets to the US Marshal. (JLV)
March 3, 2021 Opinion or Order Filing 3 ORDER granting #2 Motion for Leave to Proceed in forma pauperis; that the Clerk of Court shall file Plaintiff's papers and cause the US Marshal to serve copies of the summons, complaint, and this order upon the defendants without the plaintiff's payments, unpaid fees to be recoverable if this action terminates by monetary award in the plaintiff's favor; that plaintiff must effect service within 90 days of the date the summons is issued, or request an extension of time for service; that if within 90 days of the issuance of the summons plaintiff has not made service or requested an extension of time, the Court may dismiss this action for failure to prosecute; that plaintiff shall notify the Court in writing if his address changes and the Court may dismiss the action if plaintiff fails to do so. Signed by Hon. Lawrence J. Vilardo on 3/3/2021. (JLV) Copy mailed to pro se plaintiff.
March 1, 2021 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV)
February 26, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Frederick O. Silver. (JLV)
February 26, 2021 Opinion or Order Filing 1 COMPLAINT against Daniel Abadir, Capital Management Services, LP, Jeffrey A. Hauser, Paul R. Hunziker, Jr, Karen Kraska filed by Frederick O. Silver. (JLV)
February 26, 2021 Opinion or Order Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, Pro Se Assistance Program Information and ADR Notification. (JLV)

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Defendant: Karen Kraska
Represented By: Glenn M. Fjermedal
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Defendant: Daniel Abadir
Represented By: Glenn M. Fjermedal
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Defendant: Jeffrey A. Hauser
Represented By: Glenn M. Fjermedal
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Defendant: Capital Management Services, LP
Represented By: Glenn M. Fjermedal
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Defendant: Paul R. Hunziker, Jr.
Represented By: Glenn M. Fjermedal
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Plaintiff: Frederick O. Silver
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