The Church of Holy Redemption et al v. Wendell, Jr., et al
| The Church of Holy Redemption and Pastor Dean J. Sandstrom |
| Paul Wendell, Jr.,, Kim A. Meleen, Todd Thomas, Susan Rowley, Tera Darts and Lisa Volpe |
| 1:2023cv00405 |
| May 8, 2023 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
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Filing 15
CERTIFICATE OF SERVICE by Tera Darts, Kim A. Meleen, Todd Thomas, Paul Wendell, Jr., re #14 First MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Parlato, Vincent)
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Filing 14
First MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tera Darts, Kim A. Meleen, Todd Thomas, Paul Wendell, Jr.,. (Attachments: #1 Declaration, #2 Memorandum in Support)(Parlato, Vincent)
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Filing 13
MOTION for Reconsideration re 2 Text Order filed by Dean Sandstrom(SG)
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Filing 12
ANSWER to Complaint by Lisa Volpe.(Raimondo, Elliot)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
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Filing 11
TEXT ORDER granting #8 First Motion for Extension of Time. Defendants Tera Darts, Kim A. Meleen, Todd Thomas, and Paul Wendell, Jr., shall answer, move, or otherwise respond to Plaintiffs' complaint on or before June 26, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/14/2023. (MGB)
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Filing 10
CERTIFICATE OF SERVICE by Tera Darts, Kim A. Meleen, Todd Thomas, Paul Wendell, Jr., re #8 First MOTION for Extension of Time to File Response/Reply to Plaintiffs' Complaint (Parlato, Vincent)
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Filing 9
CERTIFICATE OF SERVICE by Tera Darts, Kim A. Meleen, Todd Thomas, Paul Wendell, Jr., re #6 Notice of Appearance, #7 Notice of Appearance (Parlato, Vincent)
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Filing 8
First MOTION for Extension of Time to File Response/Reply to Plaintiffs' Complaint by Tera Darts, Kim A. Meleen, Todd Thomas, Paul Wendell, Jr.,. (Attachments: #1 Declaration)(Parlato, Vincent)
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Filing 7
NOTICE of Appearance by Michael P. McClaren on behalf of Tera Darts, Kim A. Meleen, Todd Thomas, Paul Wendell, Jr., (McClaren, Michael)
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Filing 6
NOTICE of Appearance by Vincent Thomas Parlato on behalf of Tera Darts, Kim A. Meleen, Todd Thomas, Paul Wendell, Jr., (Parlato, Vincent)
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Filing 5
TEXT ORDER denying without prejudice #4 Motion to Appoint Counsel filed by Plaintiff Dean Sandstrom. Before appointing pro bono counsel to represent an indigent civil litigant, the Court must determine, as a threshold matter, that the indigent litigant's position "seems likely to be of substance." Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986). After finding that a claim is likely to be of substance, the Court considers "secondary factors such as the factual and legal complexity of the case, the ability of the litigant to navigate the legal minefield unassisted, and any other reason why in the particular case appointment of counsel would more probably lead to a just resolution of the dispute." Griggs v. Schmauss, No. 6:17-CV-06456 EAW, 2023 WL 2874065, at *2 (W.D.N.Y. Apr. 10, 2023) (quoting Carmona v. U.S. Bureau of Prisons, 243 F.3d 629, 632 (2d Cir. 2001)). Here, in addition to there being no showing of financial need, the standard for the appointment of pro bono counsel has not otherwise been met, and the appointment of counsel is thus not warranted at this time. Indeed, with no appearance as of yet by the defendants, it is premature to evaluate whether the claim is likely to be of substance. In addition, Plaintiff The Church of Holy Redemption is reminded that as a non-profit association it is not permitted to proceed pro se and as directed in the Courts May 25, 2023 Text Order (Dkt. 2), it is required to retain and appear through counsel on or before June 23, 2023, or risk dismissal of its claims. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/13/2023. (MGB)
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Filing 4
MOTION to Appoint Counsel by Dean J. Sandstrom.(SG)
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Filing 3
SUMMONS Returned Executed by Dean J. Sandstrom. Tera Darts served on 5/24/2023, answer due 6/14/2023; Kim A. Meleen served on 5/24/2023, answer due 6/14/2023; Susan Rowley served on 5/25/2023, answer due 6/15/2023; Todd Thomas served on 5/24/2023, answer due 6/14/2023; Lisa Volpe served on 5/30/2023, answer due 6/20/2023; Paul Wendell, Jr., served on 5/24/2023, answer due 6/14/2023. (SG)
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Filing 2
TEXT ORDER. Plaintiff The Church of Holy Redemption, a non-profit association (Dkt. 1 at 7), commenced this action on May 8, 2023, purporting to proceed pro se. But "[c]orporations, nonprofit organizations, and other artificial entities cannot proceed pro se." Sikhs for Just. v. Mann, No. 23 CIV. 2578 (AT), 2023 WL 2876736, at *1 (S.D.N.Y. Apr. 10, 2023); Penguin Books USA, Inc. v. New Christian Church of Full Endeavor, Ltd., No. RWS 96 CIV. 4126, 1997 WL 26720, at *1 (S.D.N.Y. Jan. 24, 1997) ("This rule against pro se appearance by a corporation applies to non-profit corporations, as well as to for-profit corporations."). Should The Church of Holy Redemption intend to remain as a party in this action, it is required to retain and appear through counsel on or before June 23, 2023. Failure to timely obtain counsel will result in dismissal of its claims. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/25/2023. (MGB)
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Summons Issued as to Lisa Volpe and mailed to plaintiff. (SG)
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Filing 1
COMPLAINT against Tera Darts, Kim A. Meleen, Susan Rowley, Todd Thomas, Lisa Volpe, Paul Wendell, Jr., filed by The Church of Holy Redemption, Dean J. Sandstrom. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (TMK)
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Filing fee: $ 402.00, receipt number 100001651. (TMK)
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Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, Pro Se Assistance Program Information, Civil Case Timeline and ADR Notification. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Summons Issued as to Tera Darts, Kim A. Meleen, Susan Rowley, Todd Thomas, Paul Wendell, Jr.,. (TMK)
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