Chanda v. Georgia Pain and Wellness Center et al

Georgia Northern District Court
Judge:Leigh Martin May
Referred: Catherine M Salinas
Case #: 1:25-cv-00235
Nature of Suit445 Civil Rights - Amer w/Disabilities-Employment
Cause42:12101 et seq. Americans with Disabilities Act of 1990
Case Filed:Jan 17, 2025
Last checked: Monday Mar 03, 2025 4:27 AM EST
Defendant
Knox Elder
Defendant
Georgia Pain and Wellness Center
Defendant
Erika Rodriguez
Defendant
Billie Sambuco
Defendant
Amit Patel
Plaintiff
Flora Chanda
In Propria persona 2974 Jenkins Drive
Snellville, GA 30078
TERMINATED PARTIES
Defendant
Amita Patel
Terminated: 02/24/2025


Docket last updated: 05/09/2025 11:59 PM EDT
Monday, April 21, 2025
12 12 4 pgs order Order ~Util - Directing Service by Clerk Mon 04/21 2:43 PM
ORDER. The Clerk is hereby DIRECTED to send Plaintiff another copy of the USM 285 form and the summons form. Plaintiff is DIRECTED to complete the USM 285 form and summons form fully for Defendant Georgia Pain, and to return one copy of each form within twenty-one days, or by Monday, May 12, 2025, to the Clerk of Court. The Clerk is DIRECTED to resubmit this action to the undersigned if Plaintiff fails to comply. Upon receipt of the forms, the Clerk is DIRECTED to prepare a service waiver package for Defendant Georgia Pain. Upon completion of the service waiver package, the Clerk is DIRECTED to complete the lower portion of the Notice of Lawsuit and Request for Waiver form and to mail the service waiver package to Defendant Georgia Pain. In the event Defendant does not return the Waiver of Service form to the Clerk within thirty-five days after the date the service waiver package was mailed, the Clerk is DIRECTED to prepare and transmit to the U.S. Marshals Service a service package. The service package must include the USM 285 form, the summons, and one copy of the Complaint. Upon receipt of the service package, the U.S. Marshal's Service is DIRECTED to personally serve Defendant Georgia Pain. The executed waiver form or the completed USM 285 form shall be filed with the Clerk. Signed by Magistrate Judge Catherine M. Salinas on 4/21/2025. (cpp)
Related: [-]
utility Clerks Certificate of Mailing Forms Sent Mon 04/21 2:49 PM
Clerk's Certificate of Mailing as to Flora Chanda re12 Order. Forms sent to party: USM 285; Summons. (cpp)
Related: [-]
Friday, April 18, 2025
11 11 utility Remark Mon 04/21 11:20 AM
USM 285 Forms and Proposed Summons received for Amit Patel, Erika Rodriguez, Knox Elder, and Billie Sambuco. (USM 285 Forms do not contain signature of Plaintiff. Forms filled out for terminated parties, not for the remaining Defendant.) (cpp)
Related: [-]
Att: 1 USM285 as to Billie Sambuco,
Att: 2 USM285 as to Erika Rodriguez,
Att: 3 USM285 as to Knox Elder
10 10 discov Initial Disclosures Mon 04/21 10:25 AM
Plaintiff's Initial Disclosures by Flora Chanda.(cpp)
Related: [-]
utility Submission to Magistrate Judge Mon 04/21 11:23 AM
Submission of9 Order to Magistrate Judge Catherine M. Salinas. (cpp)
Related: [-]
Thursday, March 27, 2025
9 9 4 pgs order Order ~Util - Directing Service by Clerk Thu 03/27 3:35 PM
ORDER. The Clerk is hereby DIRECTED to send Plaintiff the USM 285 form, summons, and the initial disclosures form. Plaintiff is DIRECTED to complete the USM 285 form, summons, and the initial disclosures form, and to return one of each for Defendant Georgia Pain and Wellness Center within twenty days from the entry date of this Order to the Clerk of Court. Plaintiff is warned that failure to comply in a timely manner could result in the dismissal of this civil action. The Clerk is DIRECTED to resubmit this action to the undersigned if Plaintiff fails to comply. Upon receipt of forms, the Clerk is DIRECTED to prepare a service waiver package for Defendant Georgia Pain and Wellness Center. Upon completion of the service waiver package, the Clerk is DIRECTED to complete the lower portion of the Notice of Lawsuit and Request for Waiver form and to mail the service waiver packages to Defendant Georgia Pain and Wellness Center. In the event a Defendant does not return the Waiver of Service form to the Clerk of Court within Thirty-five days following the date the service waiver package was mailed, the Clerk is DIRECTED to prepare and transmit to the U.S. Marshal's Service a service package for each Defendant who failed to return the waiver form. Upon receipt of the service package, the U.S. Marshal's Service is DIRECTED to personally serve Defendant Georgia Pain and Wellness Center. The executed waiver form or the completed USM 285 form shall be filed with the Clerk. Plaintiff is DIRECTED to serve upon Defendant Georgia Pain and Wellness Center or its counsel a copy of every additional pleading or other document which is filed with the Clerk of Court. Plaintiff is also REQUIRED to keep the Court and Defendant Georgia Pain and Wellness Center advised of her current address at all times during the pendency of this action. Signed by Magistrate Judge Catherine M. Salinas on 3/27/2025. (cpp)
Related: [-]
8 8 4 pgs order Order on Report and Recommendation Thu 03/27 12:20 PM
ORDER. The Court ADOPTS the Magistrate Judge's Report and Recommendation5 as the opinion of this Court. The Court DISMISSES Plaintiff's Title VII and Georgia-law claims as frivolous. Plaintiff's other claims under the ADA survive frivolity review. The Court also DISMISSES Plaintiff's claims against Defendants Patel, Sambuco, Rodriguez, and Elder and DIRECTS the Clerk to TERMINATE these individuals from this case. The Clerk is also DIRECTED to refer this matter to the Magistrate Judge for further proceedings. Signed by Judge Leigh Martin May on 3/27/2025. (cpp)
Related: [-]
utility Clerks Certificate of Mailing Thu 03/27 12:22 PM
Clerk's Certificate of Mailing as to Flora Chanda re8 Order. (cpp)
Related: [-]
utility Submission to Magistrate Judge Thu 03/27 12:23 PM
Submission of8 Order on Report and Recommendation to Magistrate Judge Catherine M. Salinas. (cpp)
Related: [-]
utility Clerks Certificate of Mailing Forms Sent Thu 03/27 3:42 PM
Clerk's Certificate of Mailing as to Flora Chanda re9 Order. Forms sent to party: USM 285; Summons; Initial Disclosures. (cpp)
Related: [-]
Friday, March 21, 2025
utility Submission to District Judge Fri 03/21 8:54 AM
Submission of5 REPORT AND RECOMMENDATION to District Judge Leigh Martin May. (bnp)
Related: [-]
Monday, March 17, 2025
7 7 respoth Objections to Report and Recommendation Mon 03/17 4:20 PM
OBJECTIONS and Disagreement with5 Report and Recommendation and Request for Reconsideration filed by Flora Chanda. (cpp)
Related: [-]
Monday, March 03, 2025
6 6 2 pgs order Order for Service of Report and Recommendation Mon 03/03 11:26 AM
ORDER for Service of5 Report and Recommendation by Magistrate Judge Catherine M. Salinas. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. The Clerk is DIRECTED to submit the Report and Recommendation with objections, if any, to the district judge after expiration of the above time period. Signed by Magistrate Judge Catherine M. Salinas on 3/3/2025. (cpp)
Related: [-]
5 5 motion Report and Recommendation Mon 03/03 11:21 AM
REPORT AND RECOMMENDATION re4 Amended Complaint. IT IS RECOMMENDED that Chanda's Title VII claim (Count One), Chanda's retaliation claim based on an alleged violation of Georgia Code Section 45-19-61 (Count Three), Chanda's failure to accommodate claim based on an alleged violation of Georgia Code Section 120-3-20 (Count Four), and Chanda's Title VII and ADA claims against Patel, Sambuco, Rodriguez, and Elder (Counts One through Four) be DISMISSED as frivolous. IT IS RECOMMENDED that Chanda's remaining claims, including her ADA claims against Georgia Pain based on disparate treatment (Count Two), retaliation (Count Three), and failure to accommodate (Count Four) be allowed to proceed as any other civil action. Service of process is STAYED pending a ruling on this Report and Recommendation. If the district judge adopts this Report and Recommendation, an order directing service of process will be issued. Signed by Magistrate Judge Catherine M. Salinas on 3/3/2025. (cpp)
Related: [-]
utility Clerks Certificate of Mailing Mon 03/03 11:28 AM
Clerk's Certificate of Mailing as to Flora Chanda re6 Order for Service of Report and Recommendation,5 REPORT AND RECOMMENDATION. (cpp)
Related: [-]
Tuesday, February 25, 2025
utility Submission to Magistrate Judge Tue 02/25 8:56 AM
Submission of2 Order on Application for Leave to Proceed in forma pauperis to Magistrate Judge Catherine M. Salinas. (bnp)
Related: [-]
utility Submission to Magistrate Judge Tue 02/25 12:20 PM
Submission of4 Amended Complaint for frivolity determination, to Magistrate Judge Catherine M. Salinas. (adg)
Related: [-]
Monday, February 24, 2025
4 4 cmp Amended Complaint Tue 02/25 11:27 AM
AMENDED COMPLAINT against Knox Elder, Georgia Pain and Wellness Center, Erika Rodriguez, Billie Sambuco, Amit Patel with Jury Demand filed by Flora Chanda.(cpp)
Related: [-]
Thursday, January 23, 2025
3 3 cmp Complaint Tue 02/25 11:22 AM
COMPLAINT with Jury Demand filed by Flora Chanda.(tcc)
Related: [-]
Att: 1 Civil Cover Sheet
2 2 8 pgs order Order on Application for Leave to Proceed In Forma Pauperis Thu 01/23 10:52 AM
ORDER: Chanda's1 request for leave to proceed IFP is GRANTED for these proceedings only. The Court ORDERS Chanda either to (A) submit an amended complaint or (B) submit a filing stating that she does not wish to amend her complaint WITHIN TWENTY-EIGHT DAYS of the entry date of this Order. The Court will then prepare for the Court a Report and Recommendation with respect to whether dismissal under Section 1915(e)(2) is warranted. The Court STAYS service of process pending further review of Chanda's complaint or amended complaint. Signed by Magistrate Judge Catherine M. Salinas on 1/23/2025. (tcc)
Related: [-]
utility Clerks Certificate of Mailing Thu 01/23 11:02 AM
Clerk's Certificate of Mailing as to Flora Chanda re2 Order. (tcc)
Related: [-]
Wednesday, January 22, 2025
utility Submission to Magistrate Judge Wed 01/22 2:21 PM
Submission of1 APPLICATION for Leave to Proceed in forma pauperis to Magistrate Judge Catherine M. Salinas. (pdt)
Related: [-]
Friday, January 17, 2025
1 1 motion Application to Proceed In Forma Pauperis Wed 01/22 2:18 PM
APPLICATION for Leave to Proceed in forma pauperis by Flora Chanda. (pdt)
Related: [-]
Att: 1 Complaint,
Att: 2 Civil Cover Sheet