Salem v. New York University et al
New York Southern District Court | |
Judge: | Valerie E Caproni |
Referred: | Sarah L Cave |
Case #: | 1:22-cv-05112 |
Nature of Suit | 440 Civil Rights - Other Civil Rights |
Cause | 28:1331 Fed. Question |
Case Filed: | Jun 17, 2022 |
Terminated: | Nov 29, 2023 |
Last checked: Wednesday Dec 14, 2022 4:19 AM EST |
Defendant
Raquel Cooper
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Represented By
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Defendant
New York University
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Represented By
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Defendant
Peter Voltz
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Represented By
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Plaintiff
Ali Salem
alisalemir@yahoo.com 77 Bay 7th Street
Brooklyn, NY 11228 |
Docket last updated: 1 hours ago |
Monday, December 04, 2023 | ||
47 | 47
![]() LETTER addressed to Magistrate Judge Sarah L. Cave from A. Salem, re: The fact that I complied with the procedural rules and filed my memorandum of law, but it is systematically ignored(ECF Doc. #44) is something I could not have anticipated. I am willing to provide further clarification by voluntarily coming to the Pro Se Office etc. Document filed by Ali Salem.(sc) |
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46 | 46
![]() ORDER: IT IS HEREBY ORDERED that Plaintiff's newly docketed memorandum does notdisturb the Courts November 29, 2023 order (the "Order") dismissing the case. As set forth in the Order, even putting aside any procedural deficiencies, the Proposed SAC did not remedy the deficiencies identified in the September 2023 R&R. Moreover, although Plaintiff's memorandum requests leave to amend, it does not identify any non-conclusory reason why amendment would not be futile. See Pl. Mem. at 34 (stating merely that amendment would not be futile because "the facts alleged in the [Proposed SAC], taken as true and in the light mostfavorable to the Plaintiff, will survive an immediate dismissal"). This case therefore remains closed and permission to proceed in forma pauperis forpurposes of appeal remains denied. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/04/2023) (ama) |
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45 | 45
![]() MEMORANDUM OF LAW in Support re:36 MOTION to Amend/Correct1 Complaint. Document filed by Ali Salem. (vfr) |
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Wednesday, November 29, 2023 | ||
44 | 44
![]() OPINION AND ORDER for36 Motion to Amend/Correct filed by Ali Salem,32 Report and Recommendations,,28 Motion to Amend/Correct filed by Ali Salem. IT IS HEREBY ORDERED that the R&R is adopted in full. Plaintiff's motion for leave to file an amended complaint is DENIED, Plaintiff's Title VI discrimination and retaliation claims are DISMISSED with prejudice, and the Court declines to exercise supplemental jurisdiction over the NYSHRL and NYCHRL claims so they are DISMISSED without prejudice. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to STRIKE the Proposed SAC. The Proposed SAC was untimely and filed without leave of the Court. See Gilani v. Hewlett-Packard Co., No. 15-CV-5609 (NSR), 2022 WL 1078881, at *1 (S.D.N.Y. Apr. 6, 2022) (noting that the pro se plaintiff's untimely amended complaint was stricken when it was filed without leave). Although the Court is obliged "to afford a special solicitude to pro se litigants," Tracy v. Freshwater, 623 F.3d 90, 101 (2d Cir. 2010), pro se litigants "generally are required to inform themselves regarding procedural rules and to comply with them," and "[t]his is especially true in civil litigation," LoSacco v. City of Middletown, 71 F.3d 88, 92 (2d Cir. 1995) (citing McNeil v. United States, 508 U.S. 106, 113 (1993) (cleaned up)). Plaintiff asserts that he submitted for filing a memorandum of law in support of his motion for leave to file a second amended complaint in conjunction with the Proposed SAC, and that the memorandum was never docketed. See Letter, Dkt. 39. Plaintiff's email to the pro se filing unit dated October 11, 2023, however, stated only, "Attached, please find the Plaintiff's second amendment [sic] complaint, and, by email the following day, Plaintiff stated, I found a typo and wanted to replace it with the corrected version of the amendment [sic] complaint." Neither email referenced a memorandum of law, and the Office of Pro Se Litigation does not have any such memorandum in its files. Furthermore, there is no indication that, in the more than one month that has elapsed since Plaintiff filed his letter stating that no memorandum was docketed, he has attempted to file the memorandum of law. IT IS FURTHER ORDERED that because amendment would be futile, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and, therefore, permission to proceed in forma pauperis for purposes of appeal is denied. The Clerk of Court is respectfully directed to terminate the open motions at docket entries 28 and 36 and to close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/29/2023) (tg) |
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Monday, October 16, 2023 | ||
43 | 43
![]() ORDER: denying without prejudice to renewal37 Letter Motion for Conference re:37 LETTER MOTION for Conference (Pre-Motion Conference). addressed to Magistrate Judge Sarah L. Cave from Rebecca K. Kimura dated October 12, 2023. Defendant's request (ECF No. 37) for a pre-motion conference regarding its anticipated motion to strike Plaintiff's proposed Second Amended Complaint is DENIED WITHOUT PREJUDICE to renewal, if appropriate, after the Honorable Valerie E. Caproni resolves Plaintiff's objections (ECF No. 34) to the Court's September 15, 2023 Report and Recommendation (ECF No. 32) regarding Plaintiff's motion for leave to file his proposed First Amended Complaint (ECF No. 28). The Clerk of Court is respectively directed to close ECF No. 37. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/16/2023) (ama) |
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Friday, October 13, 2023 | ||
42 | 42
![]() LETTER addressed to Magistrate Judge Sarah L. Cave from Rebecca Kimura dated October 13, 2023 re: Plaintiff's Letter dated October 13, 2023. Document filed by New York University..(Campbell, Mallory) |
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41 | 41
![]() CERTIFICATE OF SERVICE of Defendants Response to Plaintiffs Objections to the Magistrate Judges Report and Recommendation with cases and authorities cited that are unpublished or reported on computerized databases served on Ali Salem on October 13, 2023. Service was made by Electronic Mail. Document filed by New York University..(Campbell, Mallory) |
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40 | 40
![]() RESPONSE re:34 Objection to Report and Recommendations . Document filed by New York University..(Campbell, Mallory) |
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39 | 39
![]() LETTER addressed to Magistrate Judge Sarah L. Cave from A. Salem dated 10/13/23 re: This is quite unfortunate for the defendants' attempts to avoid their consequences and, instead, block the relevant and new evidence to the case etc. For the foregoing reasons(as indicated), I request an opposition to their motion for conference to Strike Plaintiff's SAC from the docket. Document filed by Ali Salem.(sc) |
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Thursday, October 12, 2023 | ||
38 | 38
![]() CERTIFICATE OF SERVICE of Letter to Court served on Plaintiff Ali Salem on October 12, 2023. Service was made by Mail. Document filed by New York University..(Campbell, Mallory) |
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37 | 37
![]() LETTER MOTION for Conference (Pre-Motion Conference) addressed to Magistrate Judge Sarah L. Cave from Rebecca K. Kimura dated October 12, 2023. Document filed by New York University..(Campbell, Mallory) |
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36 | 36
![]() PROPOSED SECOND AMENDED COMPLAINT & JURY DEMAND( MOTION to Amend/Correct1 Complaint). Document filed by Ali Salem.(sc) |
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Monday, October 02, 2023 | ||
35 | 35
![]() MEMO ENDORSEMENT on re:33 Letter, filed by Ali Salem. ENDORSEMENT: Application GRANTED. Plaintiff's deadline to file any objection to the R&R is October 6, 2023. Defendant's deadline to file a reply is October 20, 2023. SO ORDERED. ( Objections to R&R due by 10/6/2023) (Signed by Judge Valerie E. Caproni on 10/2/2023) (tg) |
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Friday, September 29, 2023 | ||
34 | 34
![]() PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE'S REPORT & RECOMMENDATION GRANTING DEFENDANT'S MOTION TO DISMISS, Re: to32 Report and Recommendations Document filed by Ali Salem. (sc) |
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Thursday, September 28, 2023 | ||
33 | 33
![]() LETTER addressed to Judge Valerie E. Caproni from A. Salem, dated 9/28/23 re: I am writing to request an extension of the deadline for filing the Objections to the R&R in this case to 10/6/23. The additional time will enable me to complete the necessary research, analysis, and preparation to meet court expectations etc. Document filed by Ali Salem.(sc) |
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Friday, September 15, 2023 | ||
32 | 32
![]() REPORT AND RECOMMENDATION: re:28 MOTION to Amend/Correct1 Complaint. filed by Ali Salem. For the reasons set forth above, I respectfully recommend that Mr. Salem's Motion be DENIED as follows: 1. The Title VI Discrimination and Retaliation Claims be DISMISSED WITH PREJUDICE; and 2. The Court decline to exercise supplemental jurisdiction over Mr. Salem's NYSHRL and NYCHRL Claims. Objections to R&R due by 9/29/2023 (Signed by Magistrate Judge Sarah L Cave on 9/15/2023) (ama) |
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Thursday, July 06, 2023 | ||
31 | 31
![]() CERTIFICATE OF SERVICE of Defendant New York University Memorandum of Law in Opposition to Plaintiffs Motion for Leave to file an Amended Complaint served on Ali Salem on July 6, 2023. Service was made by Mail. Document filed by New York University..(Kimura, Rebecca) |
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30 | 30
![]() MEMORANDUM OF LAW in Opposition re:28 MOTION to Amend/Correct1 Complaint. . Document filed by New York University..(Kimura, Rebecca) |
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Monday, June 26, 2023 | ||
29 | 29
![]() PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, re:28 MOTION to Amend/Correct1 Complaint. Document filed by Ali Salem. (sc) |
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28 | 28
![]() PLAINTIFF'S MOTION TO AMEND HIS COMPLAINT, Re: to Amend/Correct1 Complaint. Document filed by Ali Salem.(sc) |
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Att: 1
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Wednesday, June 21, 2023 | ||
27 | 27
![]() ORDER: Defendant's request (ECF No. 25) for clarification of the Court's Order at ECF No. 24, which extended until June 26, 2023 the deadline for pro se Plaintiff Ali Salem ("Mr. Salem") to file an amended complaint, is GRANTED. Pursuant to the Honorable Valerie E. Caproni's May 17, 2023 Order, "[i]f Mr. Salem wishes" to amend his complaint, he must move for leave to file an amended complaint[,]" and include a proposed amended complaint." (ECF No. 22 at 3). Accordingly, Mr. Salem must file his motion to amend, if any, along with the proposed amended complaint, by June 26, 2023. SO ORDERED., ( Amended Pleadings due by 6/26/2023., Motions due by 6/26/2023.) (Signed by Magistrate Judge Sarah L Cave on 6/21/2023) (ama) |
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Tuesday, June 20, 2023 | ||
26 | 26
![]() CERTIFICATE OF SERVICE of Letter to Court served on Ali Salem on June 20, 2023. Service was made by Mail. Document filed by New York University..(Kimura, Rebecca) |
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25 | 25
![]() LETTER addressed to Magistrate Judge Sarah L. Cave from Rebecca K. Kimura dated June 20, 2023 re: Court Order of June 20, 2023. Document filed by New York University..(Kimura, Rebecca) |
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24 | 24
![]() ORDER: Plaintiff's request (ECF No. 23) for an extension of time to file his amended complaint (the "Amended Complaint") is GRANTED. Plaintiff shall file the Amended Complaint by June 26, 2023. SO ORDERED. ( Amended Pleadings due by 6/26/2023.) (Signed by Magistrate Judge Sarah L Cave on 6/20/2023) (tg) |
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Thursday, June 15, 2023 | ||
23 | 23
![]() LETTER addressed to Judge Valerie E. Caproni from A. Salem, dated 6/15/23 re: Plaintiff Pro Se is writing to request an extension of the deadline for filing the Amended Complaint from 6/16/23 to 6/26/23. The reason for the extension is that I encountered significant challenges in completing the necessary preparations for the amendment. This extension of time will enable me to complete to complete the necessary research, analysis and preparation etc. Document filed by Ali Salem.(sc) |
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Wednesday, May 17, 2023 | ||
22 | 22
![]() ORDER ADOPTING REPORT AND RECOMMENDATION for21 Report and Recommendations,,11 Motion to Dismiss filed by Peter Voltz, New York University, Raquel Cooper. IT IS HEREBY ORDERED that the R&R is adopted in full. Defendants' motion to dismiss is GRANTED with prejudice as to Plaintiff's section 1981 and negligent supervision claims, as well as his claims against Defendants Cooper and Voltz. Defendants' motion to dismiss is GRANTED without prejudice as to Plaintiff's Title VI, NYSHRL, and NYCHRL claims against NYU. If Mr. Salem wishes to amend his complaint, he must move for leave to file an amended complaint not later than June 16, 2023. Any motion for leave to file an amended complaint must include a proposed amended complaint. The Clerk of Court is respectfully directed to terminate Defendants Cooper and Voltz from the docket and to close the open motion at docket entry 11. Because the R&R gave the parties adequate warning, see R&R at 16, the failure to file any objections to the R&R precludes appellate review of this decision. See Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). Because appellate review is precluded, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and, therefore, permission to proceed in forma pauperis for purposes of appeal is denied. SO ORDERED. ( Motions due by 6/16/2023.) Raquel Cooper (Individually and on behalf of New York University) and Peter Voltz (individually and as Dean for Undergraduate and Graduate Academics, NYU Tandon School of Engineering) terminated. (Signed by Judge Valerie E. Caproni on 5/17/2023) (tg) |
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Friday, April 28, 2023 | ||
21 | 21
![]() REPORT AND RECOMMENDATIONS re:1 Complaint filed by Ali Salem,11 MOTION to Dismiss . filed by Peter Voltz, New York University, Raquel Cooper. For the reasons set forth above, I respectfully recommend that Defendants Motion be GRANTED as follows: 1. The Section 1981 and Negligence Claims be DISMISSED WITH PREJUDICE; 2. All claims against Cooper and Voltz be DISMISSED WITH PREJUDICE; 3. The Title VI Claim, the NYSHRL, and the NYCHRL Claims against NYU be DISMISSED WITHOUT PREJUDICE and with leave to amend to address the deficiencies set forth above. ( Objections to R&R due by 5/12/2023) (Signed by Magistrate Judge Sarah L Cave on 4/28/23) (yv) |
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Friday, November 04, 2022 | ||
20 | 20
![]() REPLY MEMORANDUM OF LAW in Support re:11 MOTION to Dismiss . . Document filed by Raquel Cooper, New York University, Peter Voltz..(Campbell, Mallory) |
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Friday, October 14, 2022 | ||
19 | 19
![]() DECLARATION OF SERVICE of Memorandum of Law in Opposition to Motion to Dismiss served on Rebecca K. Kimura, Esq. on 10/14/22. Service was made by Mail. Document filed by Ali Salem. (sc) |
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18 | 18
![]() MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS COMPLAINT, re:11 MOTION to Dismiss . Document filed by Ali Salem. (sc) |
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17 | 17
![]() PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Ali Salem consents to receive electronic service via the ECF system. Document filed by Ali Salem.(sc) |
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16 | 16
![]() PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Salem Ali consents to receive electronic service via the ECF system. Document filed by Ali Salem.(sc) |
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Monday, September 26, 2022 | ||
misc
Mailing Receipt
Mon 09/26 9:36 AM
MAILING RECEIPT: Document No: 15. Mailed to: Ali Salem 77 Bay 7th Street Brooklyn, NY 11228. (kh) |
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Friday, September 23, 2022 | ||
15 | 15
![]() ORDER granting14 Letter Motion for Extension of Time to File Response/Reply re14 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Sarah L. Cave from Rebecca K. Kimura dated September 23, 2022.,11 MOTION to Dismiss . The parties' requested extension (ECF No. 14) is GRANTED, and the proposed modification to the briefing schedule is ADOPTED. Defendants shall promptly serve of a copy of this Order on Plaintiff. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff, and to close ECF No. 14. SO ORDERED. ( Responses due by 10/14/2022 Replies due by 11/4/2022.). (Signed by Magistrate Judge Sarah L Cave on 9/23/22) (yv) |
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14 | 14
![]() LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Sarah L. Cave from Rebecca K. Kimura dated September 23, 2022. Document filed by Raquel Cooper, New York University, Peter Voltz..(Campbell, Mallory) |
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Att: 1
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Wednesday, September 07, 2022 | ||
13 | 13
![]() CERTIFICATE OF SERVICE of Defendants' Motion to Dismiss with supporting documents, Notice of Appearances for R. Kimura and M. Campbell, and Rule 7.1 Corporate Disclosure Statement served on Ali Salem on September 7, 2022. Service was made by Mail. Document filed by Raquel Cooper, New York University, Peter Voltz..(Kimura, Rebecca) |
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12 | 12
![]() MEMORANDUM OF LAW in Support re:11 MOTION to Dismiss . . Document filed by Raquel Cooper, New York University, Peter Voltz..(Kimura, Rebecca) |
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11 | 11
![]() MOTION to Dismiss . Document filed by Raquel Cooper, New York University, Peter Voltz..(Kimura, Rebecca) |
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10 | 10
![]() RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York University..(Kimura, Rebecca) |
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9 | 9
![]() NOTICE OF APPEARANCE by Mallory Campbell on behalf of Raquel Cooper, New York University, Peter Voltz..(Campbell, Mallory) |
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8 | 8
![]() NOTICE OF APPEARANCE by Rebecca Kim Kimura on behalf of Raquel Cooper, New York University, Peter Voltz..(Kimura, Rebecca) |
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Tuesday, June 28, 2022 | ||
misc
Mailing Receipt
Tue 06/28 10:10 AM
MAILING RECEIPT: Document No: 6-7. Mailed to: Ali Salem 77 Bay 7th Street Brooklyn, NY 11228. (kh) |
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Monday, June 27, 2022 | ||
7 | 7
![]() ORDER: By separate Order being entered today, this case is being referred to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters an appearance, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/27/2022) (tg) |
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6 | 6
![]() ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Valerie E. Caproni on 6/27/2022) (tg) |
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Thursday, June 23, 2022 | ||
notice
Notice of Case Assignment/Reassignment
Thu 06/23 8:38 AM
NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge John P. Cronan is no longer assigned to the case. (vba) |
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Friday, June 17, 2022 | ||
4 | 4
![]() SUMMONS ISSUED as to Peter Voltz. (sac) |
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3 | 3
![]() SUMMONS ISSUED as to Raquel Cooper. (sac) |
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2 | 2
![]() SUMMONS ISSUED as to New York University. (sac) |
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1 | 1
![]() COMPLAINT against Raquel Cooper, New York University, Peter Voltz. (Filing Fee $402.00, Receipt Number 1594) Document filed by Ali Salem. (sac) |
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utility
Case Designated ECF
Fri 06/17 3:10 PM
Case Designated ECF. (sac) |
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utility
Case Designation
Fri 06/17 3:10 PM
Magistrate Judge Sarah L. Cave 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (sac) |