Garcia v. 35 W. 9th Owners Co-op et al
| New York Southern District Court | |
| Judge: | Andrew L Carter, Jr |
| Case #: | 1:24-cv-02482 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e-2ot Job Discrimination (other) |
| Case Filed: | Apr 01, 2024 |
| Last checked: Saturday Sep 28, 2024 7:46 AM EDT |
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Defendant
35 W. 9th Owners Co-op
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Represented By
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Defendant
Maxwell Kates
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Represented By
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Defendant
Arabella Bowen
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Defendant
Joshua Holzer
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Plaintiff
Jhen P. Garcia
161 Lexington Ave. Room 412
New York, NY 10016 |
| Docket last updated: 4 hours ago |
| Thursday, April 10, 2025 | ||
| 39 | 39
notice
Notice of Change of Address
Thu 04/10 11:28 AM
NOTICE OF CHANGE OF ADDRESS by Jhen P. Garcia. New Address: 161 Lexington Ave., Room 412, New York, New York, 10016. (tp) |
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| Monday, March 17, 2025 | ||
| 38 | 38
misc
Letter
Tue 03/18 10:18 AM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jhen Garcia dated 03/17/2025 re: Im writing as pro se plaintiff to briefly respond to Defendants letter (ECF No. 37) about my settlement demand (ECF No. 36).. Document filed by 35 W. 9th Owners Co-op, Arabella Bowen, Joshua Holzer, Maxwell Kates..(nd) |
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| Friday, March 14, 2025 | ||
| 37 | 37
misc
Letter
Fri 03/14 4:27 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Todd H. Girshon, Esq. dated March 14, 2025 re: Amended Notice of Settlement Doc 36. Document filed by Arabella Bowen, Joshua Holzer, 35 W. 9th Owners Co-op, Maxwell Kates..(Girshon, Todd) |
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| Thursday, February 27, 2025 | ||
| 36 | 36
notice
Notice (Other)
Mon 03/03 10:03 AM
AMENDED NOTICE OF SETTLEMENT. Document filed by Jhen P. Garcia..(kgo) |
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| Monday, February 24, 2025 | ||
| 35 | 35
misc
Letter
Mon 02/24 2:54 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jhen Garcia dated 2/21/2025 re: I respectfully request denial of Defendants motion to compel arbitration (Docket 26)-or an evidentiary hearing-based on new evidence, submitted late as a pro se litigant. Document filed by Jhen P. Garcia. (jjc) |
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| Thursday, January 02, 2025 | ||
| 34 | 34
misc
Letter
Fri 01/03 11:23 AM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jhen P. Garcia dated 1/2/2025 re: I am writing to apprise the Court that on December 17, 2024, I sent a demand letter to the defendant's counsel proposing a settlement to resolve the above-captioned matter outside of court. In that communication, I offered a two-week period for response, hoping to facilitate a resolution before the new year, thereby potentially aiding in the management of the Court's docket.. Document filed by Jhen P. Garcia..(nd) |
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| Tuesday, October 29, 2024 | ||
| 33 | 33
misc
Letter
Mon 11/04 9:47 AM
LETTER addressed to Judge Andrew L. Carter, Jr. dated 10/29/24 re: Letter from Jhen Garcia. Document filed by Jhen P. Garcia.(jw) |
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| 32 | 32
respm
Reply Affidavit in Support of Motion
Tue 10/29 12:26 PM
REPLY AFFIDAVIT of Joshua D. Holzer in Support re:24 MOTION to Compel Arbitration . MOTION to Stay .. Document filed by 35 W. 9th Owners Co-op, Maxwell Kates..(Girshon, Todd) |
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Att: 1
Exhibit A - Screenshot of the portal after logging in to 35 West 9th Street's account,
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Att: 2
Exhibit B - REDACTED - Screenshot of Portal employee Roster,
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Att: 3
Exhibit C - Screenshot of portal Roster Information for Plaintiff, Employee Identification # 4843395
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| 31 | 31
respm
Reply Memorandum of Law in Support of Motion
Tue 10/29 12:24 PM
REPLY MEMORANDUM OF LAW in Support re:24 MOTION to Compel Arbitration . MOTION to Stay . . Document filed by 35 W. 9th Owners Co-op, Maxwell Kates..(Girshon, Todd) |
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| 30 | 30
respm
Reply Affidavit in Support of Motion
Tue 10/29 12:09 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #32) REPLY AFFIDAVIT of Joshua D. Holzer in Support re:24 MOTION to Compel Arbitration . MOTION to Stay .. Document filed by Jhen P. Garcia, Joshua Holzer, 35 W. 9th Owners Co-op, Maxwell Kates..(Girshon, Todd) Modified on 10/29/2024 (kj) |
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Att: 1
Exhibit A - Screenshot of the portal after logging in to 35 West 9th Street's account,
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Att: 2
Exhibit B - REDACTED - Screenshot of Portal employee Roster,
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Att: 3
Exhibit C - Screenshot of portal Roster Information for Plaintiff, Employee Identification # 4843395
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| 29 | 29
respm
Reply Memorandum of Law in Support of Motion
Tue 10/29 12:05 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #31) REPLY MEMORANDUM OF LAW in Support re:24 MOTION to Compel Arbitration . MOTION to Stay . . Document filed by Arabella Bowen, Joshua Holzer, Maxwell Kates..(Girshon, Todd) Modified on 10/29/2024 (kj) |
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| Thursday, October 10, 2024 | ||
| 28 | 28
misc
Opposition Brief
Fri 10/11 12:18 PM
OPPOSITION BRIEF TO DEFENDANTS' MOTION TO DISMISS AND COMPEL ARBITRATION re:24 MOTION to Compel Arbitration . MOTION to Stay .. Document filed by Jhen P. Garcia. (jjc) |
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| Thursday, October 03, 2024 | ||
| 27 | 27
misc
Letter
Thu 10/03 2:12 PM
LETTER addressed to Judge Andrew L. Carter, Jr. dated 10/1/24 re: I am writing to formally object to the defendants' request to dismiss this case from federal court and to compel arbitration with a contracting judge. Document filed by Jhen P. Garcia. (jbo) |
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| Tuesday, October 01, 2024 | ||
| 26 | 26
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pgs
respm
Memorandum of Law in Support of Motion
Tue 10/01 1:05 PM
MEMORANDUM OF LAW in Support re:24 MOTION to Compel Arbitration . MOTION to Stay . . Document filed by 35 W. 9th Owners Co-op, Maxwell Kates..(Murray, Kevin) |
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| 25 | 25
respm
Affidavit in Support of Motion
Tue 10/01 1:04 PM
AFFIDAVIT of Joshua D. Holzer in Support re:24 MOTION to Compel Arbitration . MOTION to Stay .. Document filed by 35 W. 9th Owners Co-op, Maxwell Kates..(Murray, Kevin) |
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Att: 1
Exhibit A CBA,
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Att: 2
Exhibit B Charge,
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Att: 3
Exhibit C Notice of Right to Sue
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| 24 | 24
motion
Compel Arbitration Stay
Tue 10/01 1:01 PM
MOTION to Compel Arbitration ., MOTION to Stay . Document filed by 35 W. 9th Owners Co-op, Maxwell Kates..(Murray, Kevin) |
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| 23 | 23
notice
Notice of Appearance
Tue 10/01 12:58 PM
NOTICE OF APPEARANCE by Kevin W. Murray on behalf of 35 W. 9th Owners Co-op, Maxwell Kates..(Murray, Kevin) |
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| Thursday, September 12, 2024 | ||
| 22 | 22
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pgs
order
Order on Motion for Conference
Thu 09/12 4:49 PM
ORDER denying16 Letter Motion for Conference. The Court is in receipt of the Parties' submissions regarding Defendant's request for a pre-motion conference in relation to its anticipated motion to compel arbitration and stay this action. (ECF No. 16). Defendant's request for a pre-motion conference is DENIED. Defendant is GRANTED leave to file its motion to compel arbitration. Unless the Parties jointly submit an alternative, the Court sets the following briefing schedule: Opening brief due by October 1, 2024. Opposition brief due by October 22, 2024. Reply brief due by October 29, 2024. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/12/2024) (tg) |
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utility
Set/Reset Deadlines
Thu 09/12 4:50 PM
Set/Reset Deadlines: Motions due by 10/1/2024. Responses due by 10/22/2024 Replies due by 10/29/2024. (tg) |
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| Tuesday, August 20, 2024 | ||
| 21 | 21
misc
Letter
Tue 08/27 11:28 AM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jhen Phillip Garcia dated 08/20/2024 re: Request not to dismiss case. Document filed by Jhen P. Garcia.(jjc) |
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| 20 | 20
respm
Response to Motion
Tue 08/20 10:34 AM
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Todd H. Girshon dated August 20, 2024 re:16 FIRST LETTER MOTION for Conference re:1 Complaint for a pre-motion conference to compel arbitration and stay the action addressed to Judge Andrew L. Carter, Jr. from Todd H. Girshon, Esq. dated July 24, 2024. Re: Additional Contemplated Motion to Dismiss in the Alternative . Document filed by 35 W. 9th Owners Co-op, Arabella Bowen, Joshua Holzer, Maxwell Kates..(Girshon, Todd) |
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| Tuesday, August 06, 2024 | ||
| 19 | 19
service
Marshal's Process Receipt and Return of Service Executed Complaints
Thu 08/08 6:40 PM
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Arabella Bowen served on 6/25/2024, answer due 8/26/2024. Service was accepted by Todd H. Girshan. Service was made by MAIL. Document filed by Jhen P. Garcia. (tg) |
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| Wednesday, July 31, 2024 | ||
| 18 | 18
misc
Rule 7.1 Corporate Disclosure Statement
Wed 07/31 12:28 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 35 W. 9th Owners Co-op, Maxwell Kates..(Girshon, Todd) |
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| Thursday, July 25, 2024 | ||
| 17 | 17
misc
Letter
Mon 07/29 10:21 AM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jhen Phillip Garcia dated 7/25/2024 re: Request to Object to Defendants' Request for Pre-Motion Conference and Referral to Arbitration. Document filed by Jhen P. Garcia..(tro) |
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| Wednesday, July 24, 2024 | ||
| 16 | 16
motion
Conference
Wed 07/24 9:34 PM
FIRST LETTER MOTION for Conference re:1 Complaint for a pre-motion conference to compel arbitration and stay the action addressed to Judge Andrew L. Carter, Jr. from Todd H. Girshon, Esq. dated July 24, 2024. Document filed by 35 W. 9th Owners Co-op, Maxwell Kates..(Girshon, Todd) |
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| Tuesday, July 16, 2024 | ||
| 15 | 15
service
Marshal's Process Receipt and Return of Service Executed Complaints
Wed 07/24 3:57 PM
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Joshua Holzer served on 7/3/2024, answer due 7/24/2024. Service was accepted by Steven Schlakman. Document filed by Jhen P. Garcia..(nb) |
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| Thursday, June 27, 2024 | ||
| 14 | 14
service
Waiver of Service Executed
Thu 06/27 3:07 PM
WAIVER OF SERVICE RETURNED EXECUTED. Maxwell Kates waiver sent on 6/25/2024, answer due 8/26/2024; 35 W. 9th Owners Co-op waiver sent on 6/25/2024, answer due 8/26/2024. Document filed by Maxwell Kates; 35 W. 9th Owners Co-op..(Girshon, Todd) |
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| 13 | 13
notice
Notice of Appearance
Thu 06/27 3:04 PM
NOTICE OF APPEARANCE by Todd H. Girshon on behalf of 35 W. 9th Owners Co-op, Maxwell Kates..(Girshon, Todd) |
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| Monday, May 20, 2024 | ||
| 11 | 11
misc
FRCP 4 Service Package - Mailed
Mon 05/20 4:53 PM
INFORMATION PACKAGE MAILED to Jhen P. Garcia, at, on 5/20/2024 Re:8 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb) |
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| 10 | 10
service
Summons Issued
Mon 05/20 4:49 PM
SUMMONS ISSUED as to 35 W. 9th Owners Co-op, Arabella Bowen, Joshua Holzer, Maxwell Kates. (nb) |
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misc
FRCP 4 Service Package - Hand Delivered to U.S.M.
Mon 05/20 4:51 PM
FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 5/20/2024 Re: Judge Andrew L. Carter, Jr.8 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)35 W. 9th Owners Co-op, Arabella Bowen, Joshua Holzer, Maxwell Kates. (nb) |
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| Friday, May 17, 2024 | ||
| 12 | 12
misc
Letter
Tue 05/21 10:47 AM
LETTER addressed to Judge Andrew L. Carter, Jr. from Jhen Garcia dated 5/18/2024 re: I am writing to bring to your attention a typographical error that has come to my notice regarding document 8. Document filed by Jhen P. Garcia..(rro) |
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| Monday, May 13, 2024 | ||
| 9 | 9
order
Mediation Referral Order for Pro Se Employment Discrimination Cases
Mon 05/13 6:23 PM
MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES: IT IS ORDERED that, upon the filing of any of the defendants' answer, this pro se action will be referred for mediation to the court's Mediation Program and the Clerk of Court shall attempt to locate pro bono counsel for the limited purpose of representing Plaintiff at the mediation. IT IS FURTHER ORDERED that any objection by Plaintiff or by any of the defendants to the mediation, and any objection by Plaintiff to the request for pro bono counsel, must be filed within 14 days of the filing of an answer. Any objection will be considered waived if not filed within that time. The parties are advised that the search for pro bono counsel will not commence unless and until the time for the parties to object to mediation and the request for counsel has passed without objection. Pro bono counsel will contact Plaintiff directly. Pro bono counsel will represent Plaintiff solely for purposes of the mediation; at the conclusion of the mediation process the pro bono counsel may file a Notice of Completion. The time to assign a mediator under Local Civil Rule 83.9 and the court's Mediation Program Procedures will be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate this action. This order is issued without prejudice to the right of any party to request that the Court refer this action to mediation upon the appearance of a defendant, including if a defendant has responded to the complaint by motion rather than by an answer. The Parties are to file a Joint Status Report by July 16, 2024. (Signed by Judge Andrew L. Carter, Jr on 5/13/2024) (ate) |
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| 8 | 8
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pgs
order
Order of Service ~Util - Terminate Motions
Mon 05/13 5:57 PM
ORDER OF SERVICE: The Court directs the Clerk of Court to mail an information package to Plaintiff. The Court denies Plaintiffs request for the appointment of counsel (ECF 6) without prejudice to Plaintiffs filing an application for the Court to request pro bono counsel at a later date. The Court also directs the Clerk of Court to: (1) issue summonses for: (i) 34 W. 9th Owners Co-op, (ii) Maxwell-Kates, Inc., (iii) Arabella Bowen, and (iv) Joshua Holzer; (2)complete USM-285 forms with the service addresses for each of those defendants; and(3)deliver all documents necessary to effect service of summonses and the complaint on the defendants to the United States Marshals Service. (Signed by Judge Andrew L. Carter, Jr on 5/13/2024) (rro) |
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notice
Notice of Case Assignment/Reassignment
Mon 05/13 12:12 PM
NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (vba) |
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utility
Case Designation
Mon 05/13 12:12 PM
Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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] . (vba) |
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| Friday, May 03, 2024 | ||
| 6 | 6
misc
Letter
Tue 05/07 11:27 AM
LETTER addressed to Judge Laura Taylor Swain from Jhen Phillip Garcia dated 5/2/2024 re: requesting appointment of lawyer to represent me. Document filed by Jhen P. Garcia..(rro) |
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| Wednesday, April 03, 2024 | ||
| 5 | 5
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pgs
order
Order Granting IFP Application
Fri 04/05 10:18 AM
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Laura Taylor Swain on 4/3/2024) (vn) |
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| 4 | 4
order
Standing Order
Wed 04/03 9:49 AM
STANDING ORDER M10-468: To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a partys obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information.Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the courts electronic docket. A notice directing the parties attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the courts records. SO ORDERED. (Signed by Chief Judge Laura Taylor Swain on 3/18/2024) (rdz) |
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| Tuesday, April 02, 2024 | ||
| 3 | 3
misc
Pro Se Consent to Receive Electronic Service
Tue 04/02 1:44 PM
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Jhen P. Garcia consents to receive electronic service via the ECF system. Document filed by Jhen P. Garcia..(rdz) |
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| Monday, April 01, 2024 | ||
| 2 | 2
misc
Request to Proceed In Forma Pauperis
Tue 04/02 10:39 AM
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jhen P. Garcia..(rdz) |
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| 1 | 1
cmp
Complaint
Tue 04/02 10:32 AM
COMPLAINT against 35 W. 9th Owners Co-op, Maxwell Kates. Document filed by Jhen P. Garcia..(rdz) |
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utility
Case Designated ECF
Tue 04/02 10:33 AM
Case Designated ECF. (rdz) |
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