Gray v. Amazon et al (1:20-cv-00715), New York Northern District Court

Gray v. Amazon et al

New York Northern District Court
Judge:	Mae A D'Agostino
Referred:	Daniel J Stewart
Case #:	1:20-cv-00715
Nature of Suit	367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability
Cause	28:1332 Diversity-Product Liability

Case Filed:	Jun 29, 2020
Terminated:	Jun 14, 2021

Last checked: Saturday Dec 26, 2020 5:56 AM EST

Defendant Amazon	Represented By Jeffrey D. Vanacore Perkins Coie Llp - Ny Office contact info
Plaintiff Michele Gray and on behalf of M.G., minor 165A Vandenburgh Place Troy, NY 12180
TERMINATED PARTIES
Defendant Giokfine Terminated: 09/17/2020

GPO Sep 29 2020
Deadline 10/16/2020. Signed by Magistrate Judge Daniel J. Stewart on 9/29/2020. (Copy served via regular mail)(khr)REPORT-RECOMMENDATIONS and ORDER re 14 MOTION to Appoint guardian ad Litem filed by Michele Gray, 22 MOTION to Appoint Counsel filed by Michele Gray, 15 Amended Complaint filed by Michele Gray. RECOMMENDED, that Plaintiffs Amended Complaint (Dkt. No. 15) be dismissed with leave to replead; and it is further RECOMMENDED, that insofar as the Amended Complaint seeks to assert claimson behalf of a minor, that such claims be dismissed without prejudice; and it is ORDERED, that Plaintiffs Second Motion to Appoint Counsel (Dkt. No. 22) isdenied without prejudice; and it is further ORDERED, that Plaintiffs Motion to Appoint a Guardian Ad Litem (Dkt. No. 14) is denied without prejudice. Objections to R&R due by 10/13/2020 Case Review

GPO Jan 14 2021
ORDER adopting Report and Recommendations re 26 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Stewart's Report-Recommendation and Order (Dkt. No. 26) is ADOPTED in its entirety for the reasons set forth therein; and the Court further ORDERS that Plaintiff's amended complaint (Dkt. No. 15) is DISMISSED without prejudice; and the Court further ORDERS that Plaintiff shall file her second amended complaint within thirty (30) days of the date of this Order; and the Court further ORDERS that, if Plaintiff fails to file a second amended complaint within thirty (30) days of the date of this Order, the Clerk of the Court shall enter judgment in Defendant's favor and close this case without further orderved via regular and certified mail upon plaintiff)(ban) from this Court; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 1/14/21. (Copy ser

Docket last updated: 05/07/2024 11:59 PM EDT

Thursday, December 29, 2022
		appeal USCA Case Number Thu 12/29 9:32 AM USCA Case Number 22-1304 for44 Notice of Appeal filed by Michele Gray. (see) Related: [-]
Thursday, December 22, 2022
47		47 appeal USCA Mandate Thu 12/22 11:01 AM MANDATE of USCA as to44 Notice of Appeal filed by Michele Gray. Upon due consideration, it is hereby ORDERED the IFP motion is DENIED as unnecessary. See Fed. R. App. P. 24(a)(3). It is further ORDERED that the remaining motions are DENIED and the appeal is DISMISSED because it lacks an arguable basis either in law or in fact. (ztc) Related: [-]
Thursday, August 18, 2022
46		46 order Order on Letter Request Order on Pro Se Motion to Obtain ECF Login and Password Thu 08/18 1:42 PM TEXT ORDER finding as moot33 Letter Motion for Michele Gray requesting permission to file electronically,35 Pro Se MOTION to Obtain ECF Login and Password filed by Michele Gray,38 Pro Se MOTION to Obtain ECF Login and Password filed by Michele Gray: It is hereby ORDERED that Judgment was entered in this case on June 14, 2021, and the case was closed. On April 14, 2022 the plaintiff moved to reopen this case. The request to reopen was DENIED by this Court on May 23, 2022 [see Dkt. no. 41]. The Court therefore ORDERS that the plaintiff's motions for permission to obtain ECF Logins and Passwords, are Moot. Signed by U.S. District Judge Mae A. D'Agostino on 8/18/22.(Copy served via regular mail plaintiff)(ban) Related: [-]
Wednesday, June 15, 2022
45		45 appeal Electronic Notice and Certification to USCA of Appeal Wed 06/15 2:39 PM ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re44 Notice of Appeal (khr) Related: [-]
44		44 appeal Notice of Appeal Wed 06/15 2:35 PM NOTICE OF APPEAL as to41 Order on Motion to Reopen Case by Michele Gray. (khr) Related: [-]
Thursday, June 09, 2022
43		43 misc Return Receipt Thu 06/09 3:26 PM RETURN RECEIPT received as to Michele Gray re41 Order on Motion to Reopen Case (khr) Related: [-]
Monday, May 23, 2022
42		42 respm Reply to Response to Motion Tue 05/24 6:53 AM REPLY to Response to Motion re34 MOTION to Reopen Case filed by Michele Gray. filed by Michele Gray.(khr) Related: [-]
		Att: 1 Cover Letter,
		Att: 2 Envelope
41		41 9 pgs order Order on Motion to Reopen Case Mon 05/23 2:38 PM MEMORANDUM-DECISION AND ORDER denying34 Motion to Reopen Case. Signed by U.S. District Judge Mae A. D'Agostino on 05/23/2022. (Copy served via regular and certified mail upon plaintiff)(ban) Related: [-]
Friday, May 06, 2022
40		40 service Certificate of Service Fri 05/06 11:28 AM CERTIFICATE OF SERVICE by Amazon re39 Response in Opposition to Motion to Reinstate/Reopen (Vanacore, Jeffrey) Related: [-]
Wednesday, May 04, 2022
39		39 respm Response in Opposition to Motion Wed 05/04 5:46 PM RESPONSE in Opposition re34 MOTION to Reopen Case filed by Michele Gray. filed by Amazon. (Vanacore, Jeffrey) Related: [-]
Monday, May 02, 2022
38		38 motion Pro Se Motion to Obtain ECF Login and Password Mon 05/02 2:14 PM Pro Se MOTION to Obtain ECF Login and Password filed by Michele Gray. Motions referred to Daniel J. Stewart. (khr) Related: [-]
Thursday, April 14, 2022
37		37 cmp Amended Complaint Fri 04/15 10:11 AM AMENDED COMPLAINT against Amazon filed by Michele Gray.(khr) Related: [-]
		Att: 1 Proposed Summons,
		Att: 2 Envelope
36		36 notice Notice of Change of Address Fri 04/15 9:59 AM NOTICE of Change of Address by Michele Gray Old Address: 165A Vandenburgh Place, Troy, NY 12180 New Address: 279 Troy Road, Suite #9-174, Rensselaer, NY 12144 (khr) Related: [-]
35		35 motion Pro Se Motion to Obtain ECF Login and Password Fri 04/15 9:57 AM Pro Se MOTION to Obtain ECF Login and Password filed by Michele Gray. Motions referred to Daniel J. Stewart. (khr) Related: [-]
		Att: 1 Envelope
34		34 motion Reopen Case Fri 04/15 9:54 AM MOTION to Reopen Case filed by Michele Gray. Response to Motion due by 5/6/2022. Reply to Response to Motion due by 5/13/2022 (khr) Related: [-]
		Att: 1 Envelope
33		33 motion Letter Request/Motion Fri 04/15 9:52 AM Letter Request/Motion from Michele Gray requesting permission to file electronically and assistance with the cases.(khr) Related: [-]
		Att: 1 Envelope
Friday, February 11, 2022
32		32 notice Notice of Change of Address Mon 02/14 4:52 PM NOTICE of Change of Address by Michele Gray Effective Date 2/11/22 Old Address: Michele Gray 165A Vandenburgh Place Troy, NY 12180 New Address: 279 Troy Road Suite #9-174 Rensselaer NY 12144 (gmd, ) Related: [-]
Monday, June 21, 2021
31		31 misc Return Receipt Tue 06/22 7:01 AM RETURN RECEIPT returned executed as to Michele Gray re30 Judgment (khr) Related: [-]
Monday, June 14, 2021
30		30 order Judgment Mon 06/14 1:15 PM JUDGMENT in favor of Amazon against Michele Gray. (Copy served via regular and certified mail upon plaintiff) (ban) Related: [-]
		Att: 1 Appeal Notice
Friday, March 05, 2021
29		29 misc Return Receipt Mon 03/08 7:58 AM RETURN RECEIPT received executed by Michele Gray re28 Order on Report and Recommendations. (khr) Related: [-]
Thursday, January 14, 2021
28		28 5 pgs order Order on Report and Recommendations Thu 01/14 9:00 AM ORDER adopting Report and Recommendations re26 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Stewart's Report-Recommendation and Order (Dkt. No. 26) is ADOPTED in its entirety for the reasons set forth therein; and the Court further ORDERS that Plaintiff's amended complaint (Dkt. No. 15) is DISMISSED without prejudice; and the Court further ORDERS that Plaintiff shall file her second amended complaint within thirty (30) days of the date of this Order; and the Court further ORDERS that, if Plaintiff fails to file a second amended complaint within thirty (30) days of the date of this Order, the Clerk of the Court shall enter judgment in Defendant's favor and close this case without further order from this Court; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 1/14/21. (Copy served via regular and certified mail upon plaintiff)(ban) Related: [-]
		utility Set Deadlines/Hearings Thu 01/14 9:06 AM Set Deadlines: Notice of Compliance Deadline 2/12/2021, Case Review Deadline 2/18/2021 (ban) Related: [-]
Monday, October 26, 2020
27		27 order Order Mon 10/26 6:24 PM TEXT ORDER: The Rule 16 Initial Conference scheduled for November 2, 2020 and the deadline for the parties to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date at this time. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/26/2020. (Copy mailed to pro se Plaintiff). (mab) Related: [-]
Tuesday, September 29, 2020
26		26 motion Report and Recommendations Tue 09/29 3:28 PM REPORT-RECOMMENDATIONS and ORDER re14 MOTION to Appoint guardian ad Litem filed by Michele Gray,22 MOTION to Appoint Counsel filed by Michele Gray,15 Amended Complaint filed by Michele Gray. RECOMMENDED, that Plaintiffs Amended Complaint (Dkt. No. 15) be dismissed with leave to replead; and it is further RECOMMENDED, that insofar as the Amended Complaint seeks to assert claimson behalf of a minor, that such claims be dismissed without prejudice; and it is ORDERED, that Plaintiffs Second Motion to Appoint Counsel (Dkt. No. 22) isdenied without prejudice; and it is further ORDERED, that Plaintiffs Motion to Appoint a Guardian Ad Litem (Dkt. No. 14) is denied without prejudice. Objections to R&R due by 10/13/2020 Case Review Deadline 10/16/2020. Signed by Magistrate Judge Daniel J. Stewart on 9/29/2020. (Copy served via regular mail)(khr) Related: [-]
Wednesday, September 16, 2020
25		25 service Affidavit of Service Thu 09/17 10:09 AM AFFIDAVIT of Service for Summons, Amended Complaint and General Order 25 served on Cynthia Jones as Authorized Representative of Amazon on 9/3/2020, filed by Michele Gray. (jel, ) Related: [-]
24		24 motion Letter Request/Motion from Pro Se Litigant to File Electronically Thu 09/17 10:02 AM 2nd Letter Request/Motion from Pro Se Litigant Michele Gray requesting to participate in electronic filing. (jel, ) Related: [-]
23		23 misc Letter Thu 09/17 10:01 AM Letter from Michele Gray to update Court. (jel, ) Related: [-]
22		22 motion Appoint Counsel Thu 09/17 9:59 AM 2ND LETTER MOTION to Appoint Counsel filed by Michele Gray. Motions referred to Daniel J. Stewart. (jel, ) Related: [-]
Wednesday, September 09, 2020
		misc Clerk Correction of Docket Entry Wed 09/09 3:52 PM CLERK'S CORRECTION OF DOCKET ENTRY re18 Clerk's Entry of Default. Replaced with correct document. (khr) Related: [-]
Friday, September 04, 2020
21		21 order Order on Letter Request Fri 09/04 10:58 AM TEXT ORDER granting20 Letter Request. In a letter motion dated September 3, 2020, Defendant requests that the Court vacate the Clerk's entry of default as improvidently granted. See Dkt. No. 20. Defendant's motion is granted. Plaintiff's amended complaint has been referred to Magistrate Judge Stewart for an initial review. Until the Court acts on the forthcoming report and recommendation, no action from Defendant is required. As such, the Court vacates the Clerk's entry of default. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 09/04/2020. (Copy served via regular mail)(bto) Related: [-]
Thursday, September 03, 2020
20		20 motion Letter Request/Motion Thu 09/03 7:50 PM Letter Motion from Jeffrey D. Vanacore for Amazon requesting Denial of Plaintiff's Request for Entry of Default submitted to Judge Mae A. DAgostino . (Vanacore, Jeffrey) Related: [-]
Wednesday, September 02, 2020
19		19 notice Notice - Other Wed 09/02 2:00 PM NOTICE of contact information by Michele Gray. (khr) Related: [-]
Thursday, August 27, 2020
18		18 order Clerks Entry of Default Thu 08/27 8:21 AM Clerk's ENTRY OF DEFAULT as to re17 Request for Entry of Default (Copy served via regular mail) (khr) Related: [-]
Wednesday, August 26, 2020
17		17 misc Request for Entry of Default Thu 08/27 8:12 AM REQUEST FOR ENTRY OF DEFAULT as to Amazon by Michele Gray.(khr) Related: [-]
		Att: 1 Affidavit of Service
Thursday, August 13, 2020
16		16 order Order on Report and Recommendations Thu 08/13 4:51 PM TEXT ORDER terminating8 Report-Recommendation and Order and referring case back to Magistrate Judge Stewart. On June 29, 2020, Plaintiff commenced this action pro se and the case was referred to Magistrate Judge Stewart for an initial review of the complaint. In a Report-Recommendation and Order dated July 31, 2020, Magistrate Judge Stewart performed an initial review in which it was recommended, among other things, that Plaintiff's complaint be dismissed with leave to replead. See Dkt. No. 8. Plaintiff's objections were due by August 14, 2020. However, on August 10, 2020, Plaintiff filed an amended complaint, which attempted to address some of the issues addressed in the Report-Recommendation and Order. See Dkt. No. 15. In light of Plaintiff's amended complaint, which was filed as of right, the Court hereby TERMINATES the pending Report-Recommendation and Order and refers this matter back to Magistrate Judge Stewart for an initial review of the amended complaint. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 8/13/20. (Copy served via regular mail upon plaintiff)(ban) Related: [-]
Monday, August 10, 2020
15		15 cmp Amended Complaint Mon 08/10 12:49 PM AMENDED COMPLAINT against Amazon, Giokfine filed by Michele Gray.(khr) Related: [-]
14		14 motion Appoint Guardian/Attorney ad Litem Mon 08/10 12:46 PM MOTION to Appoint guardian ad Litem filed by Michele Gray. Motions referred to Daniel J. Stewart. (khr) Related: [-]
13		13 misc Civil Case Management Plan Mon 08/10 12:43 PM CIVIL CASE MANAGEMENT PLAN by Michele Gray. (khr) Related: [-]
12		12 service Affidavit of Service Mon 08/10 12:42 PM AFFIDAVIT of Service for complaint served on Amazon on 8/3/2020, filed by Michele Gray. (khr) Related: [-]
Monday, August 03, 2020
11		11 service Summons Issued Mon 08/03 4:34 PM Summons Issued as to Amazon. (khr) Related: [-]
10		10 misc G.O. 25 Filing Order Mon 08/03 2:43 PM G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/2/2020 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/26/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) Related: [-]
9		9 motion Letter Request/Motion Mon 08/03 2:41 PM Letter Request/Motion from Michele Gray requesting that Defendant Giokfine be removed from the case. (khr) Related: [-]
		misc Filing Fee Received Mon 08/03 1:45 PM Filing fee: $ 400, receipt number ALB011827 (dpk) Related: [-]
Friday, July 31, 2020
8		8 motion Report and Recommendations Fri 07/31 12:39 PM REPORT-RECOMMENDATION and ORDER re1 Complaint filed by Michele Gray,4 Letter Request/Motion from Pro Se Litigant Michele Gray requesting to participate in electronic filing submitted to Judge Stewart filed by Michele Gray,3 MOTION to Appoint Counsel filed by Michele Gray. RECOMMENDED, that Plaintiffs Complaint (Dkt. No. 1) be dismissed with leave to replead; and it is further RECOMMENDED, that insofar as the Complaint seeks to assert claims on behalf of a minor, that such claims be DIMISSSED WITHOUT PREJUDICE, but shall not be replead until the minor is properly represented by counsel; and it is ORDERED, that Plaintiffs Motion to Appoint Counsel (Dkt. No. 3) is denied without prejudice; and it is further ORDERED, that Plaintiffs Motion to Participate in Electronic Filing (Dkt. No. 4) is denied without prejudice. Objections to R&R due by 8/14/2020 Case Review Deadline 8/17/2020. Signed by Magistrate Judge Daniel J. Stewart on 7/31/2020. (Copy served via regular mail)(khr) Related: [-]
7		7 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Fri 07/31 11:08 AM ORDER granting2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Daniel J. Stewart on 7/31/2020. (Copy served via regular mail)(khr) Related: [-]
Monday, June 29, 2020
6		6 notice Notice Regarding Judge D'Agostino Case Disposition Pilot (Text-Only) Mon 06/29 6:12 PM TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf . (khr) Related: [-]
5		5 misc Pro Se Handbook and Notice Issued Mon 06/29 6:11 PM PRO SE HANDBOOK and NOTICE issued and explained to Michele Gray at time complaint was filed on June 29, 2020. (khr) Related: [-]
4		4 motion Letter Request/Motion from Pro Se Litigant to File Electronically Mon 06/29 6:09 PM Letter Request/Motion from Pro Se Litigant Michele Gray requesting to participate in electronic filing submitted to Judge Daniel J. Stewart. (khr) Related: [-]
3		3 motion Appoint Counsel Mon 06/29 6:07 PM MOTION to Appoint Counsel filed by Michele Gray. Motions referred to Daniel J. Stewart. (khr) Related: [-]
2		2 motion Proceed In Forma Pauperis Mon 06/29 6:06 PM MOTION for Leave to Proceed in forma pauperis filed by Michele Gray. Motions referred to Daniel J. Stewart. (khr) Related: [-]
		Att: 1 Proposed Summons
1		1 cmp Complaint Mon 06/29 6:04 PM COMPLAINT against Amazon, Giokfine filed by Michele Gray.(khr) Related: [-]
		Att: 1 Civil Cover Sheet

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