Litchmore-Smith v. Alan J. Waintraub, Esq. et al
| New York Eastern District Court | |
| Judge: | Rachel P Kovner |
| Referred: | Lois Bloom |
| Case #: | 1:24-cv-04879 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331vc |
| Case Filed: | Jul 10, 2024 |
| Terminated: | Sep 16, 2024 |
| Last checked: Saturday Aug 24, 2024 5:38 AM EDT |
|
Petitioner
Florence F. Litchmore-Smith
127 Montrose Avenue
Brooklyn, NY 11206 |
|
|
Respondent
Alan J. Waintraub, Esq.
|
|
|
Respondent
Bradley Marsh
|
|
|
Respondent
Peter Marsh
|
|
|
Respondent
Lester Wayne Meckey
|
|
|
Respondent
Damion Mills
|
|
|
Respondent
Bijan Nassi
|
|
|
Respondent
Shay Krausz
|
| Docket last updated: 11/01/2024 11:59 PM EDT |
| Monday, September 16, 2024 | ||
| 19 | 19
order
Judgment - Clerk
Mon 09/16 11:39 AM
CLERK'S JUDGMENT: that this case is dismissed for lack of subject-matter jurisdiction and for the reasons set forth in the Court's order to show cause; that pursuant to 28 U.S.C. § 1915(a)(3), any appeal from this order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 9/16/2024. (copy of appeals packet and judgment mailed to pro se). (JP) |
|
| Friday, September 13, 2024 | ||
|
order
Order Dismissing Case
Fri 09/13 2:04 PM
ORDER DISMISSING CASE: On 8/22/2024, the Court dismissed this case for lack of subject-matter jurisdiction for the reasons set forth in its16 order to show cause, after plaintiff failed to respond to the order to show cause by the deadline. A motion by plaintiff was subsequently docketed on ECF, requesting additional time to respond to the order to show cause. In light of plaintiff?s pro se status, the Court withdrew its order of dismissal and gave plaintiff an opportunity to respond to the order to show cause by 9/5/2024. The Court advised that failure to respond by 9/5/2024 would result in the dismissal of this action, and that no further extensions would be granted. The deadline has passed, and no response has been filed. Accordingly, the order of dismissal is reinstated and this case is dismissed for lack of subject-matter jurisdiction for the reasons set forth in the Court?s order to show cause. The Clerk's Office is respectfully directed to close this case and to mail a copy of this order to plaintiff. Although plaintiff paid the filing fee to commence this action, 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 in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). Ordered by Judge Rachel P. Kovner on 9/13/2024. (NNW) |
||
| Thursday, August 22, 2024 | ||
|
order
Order Dismissing Case
Thu 08/22 12:35 PM
ORDER DISMISSING CASE: On 7/23/2024, the Court ordered plaintiff to show cause in writing by 8/20/2024 why this case should not be dismissed for lack of subject-matter jurisdiction. The Court warned that ?[i]f plaintiff fail[ed] to respond within the time allowed, the action shall be dismissed and the Clerk of Court shall close the case.? Order to Show Cause 6 (Dkt. #16). The deadline has passed, and no response has been filed. Accordingly, this case is dismissed for the reasons set forth in the Court?s order to show cause. The Clerk's Office is respectfully directed to close this case. Although plaintiff paid the filing fee to commence this action, 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 in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). Ordered by Judge Rachel P. Kovner on 8/22/2024. (NNW) |
||
|
order
Order(Other)
Thu 08/22 3:47 PM
ORDER: On 8/22/2024, the Court dismissed this case for lack of subject-matter jurisdiction for the reasons set forth in its16 order to show cause, after plaintiff failed to respond to the order to show cause by the deadline of 8/20/2024. A motion by plaintiff was subsequently docketed on ECF, requesting additional time to respond to the order to show cause. In light of plaintiff?s pro se status, the Court?s order of dismissal is withdrawn to give plaintiff an opportunity to respond to the order to show cause. Plaintiff?s deadline to respond is extended to 9/5/2024. Plaintiff is advised that failure to respond by 9/5/2024 will result in the dismissal of this action. No further extensions. The Clerk of Court is directed to mail a copy of this order to plaintiff. Ordered by Judge Rachel P. Kovner on 8/22/2024. (NNW) |
||
| Tuesday, August 20, 2024 | ||
| 18 | 18
motion
Extension of Time to File Document
Thu 08/22 12:45 PM
MOTION for Extension of Time to File Show Cause and to respond by Florence F. Litchmore-Smith. (IH) |
|
| Wednesday, July 24, 2024 | ||
| 17 | 17
service
Summons Returned Executed
Fri 07/26 8:56 AM
SUMMONS Returned Executed by Florence F. Litchmore-Smith. Alan J. Waintraub, Esq. served on 7/17/2024, answer due 8/7/2024. (This document was filed in the Clerk's Office of the Southern District of New York and forwarded to the Eastern District.) (TLH) |
|
| Tuesday, July 23, 2024 | ||
| 16 | 16
6
pgs
order
Order to Show Cause
Tue 07/23 3:13 PM
ORDER TO SHOW CAUSE: As set forth in the attached memorandum and order, plaintiff is ordered to show cause in writing by August 20, 2024 why this action should not be dismissed for lack of subject-matter jurisdiction. If plaintiff fails to respond within the time allowed, the action shall be dismissed and the Clerk of Court shall close the case. Although plaintiff paid the filing fee to commence this action, 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States , 369 U.S. 438, 444?45 (1962). The Clerk of Court is respectfully directed to mail a copy of this order to plaintiff and note the mailing on the docket. Ordered by Judge Rachel P. Kovner on 7/23/2024. (NNW) |
|
| Monday, July 15, 2024 | ||
| 15 | 15
misc
Clerks Notice of Rule 73
Mon 07/15 10:49 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
|
| 14 | 14
transfer
Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE)
Mon 07/15 10:41 AM
Case transferred in from District of New York Southern; Case Number 1:24-cv-04908. Original file certified copy of transfer order and docket sheet received. |
|
|
utility
Case Assigned/Reassigned
Mon 07/15 2:52 PM
Case Assigned to Judge Rachel P. Kovner. Judge LaShann DeArcy Hall no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV) |
||
| Wednesday, July 10, 2024 | ||
|
misc
ECF Admission and Registration Notification - Transfer
Mon 07/15 10:48 AM
The case of Litchmore-Smith v. Alan J. Waintraub, Esq. et al , has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-4879 . PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV) |
||
| Wednesday, July 03, 2024 | ||
| MAILING RECEIPT: Document No: 12. Mailed to: Florence F. Litchmore-Smith 127 Montrose Avenue Brooklyn, NY 11206. (kgo) [Transferred from New York Southern on 7/15/2024.] | ||
| Tuesday, July 02, 2024 | ||
| 13 | 13
TRANSFER ORDER The Court directs the Clerk of Court to transfer this action to the United States District Court for the Eastern District of New York. See 28 U.S.C. § 1404(a). Whether the restriction on electronic access to the plaintiff's complaint should be lifted, and whether the plaintiff should be granted the relief sought in her order to show cause (ECF 2), are determinations to be made by the transferee court. This order closes this action in this court. The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge John G. Koeltl on 7/2/2024) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/15/2024.]
|
|
| Monday, July 01, 2024 | ||
| 11 | 11
LETTER addressed to Judge John G. Koeltl from Florence F. Litchmore-Smith re: Urgent issue. Document filed by Florence F. Litchmore-Smith.(tro) [Transferred from New York Southern on 7/15/2024.]
|
|
| MAILING RECEIPT: Document No: 2,3. Mailed to: Florence F. Litchmore-Smith 127 Montrose Avenue Brooklyn, NY 11206. (kgo) [Transferred from New York Southern on 7/15/2024.] | ||
| Friday, June 28, 2024 | ||
| 10 | 10
SUMMONS ISSUED as to Peter Marsh. (sac) [Transferred from New York Southern on 7/15/2024.]
|
|
| 9 | 9
SUMMONS ISSUED as to Lester Wayne Meckey. (sac) [Transferred from New York Southern on 7/15/2024.]
|
|
| 8 | 8
SUMMONS ISSUED as to Bradley Marsh. (sac) [Transferred from New York Southern on 7/15/2024.]
|
|
| 7 | 7
SUMMONS ISSUED as to Shay Krause. (sac) [Transferred from New York Southern on 7/15/2024.]
|
|
| 6 | 6
SUMMONS ISSUED as to Damion Mills. (sac) [Transferred from New York Southern on 7/15/2024.]
|
|
| 5 | 5
SUMMONS ISSUED as to Bijan Nassi. (sac) [Transferred from New York Southern on 7/15/2024.]
|
|
| 4 | 4
SUMMONS ISSUED as to Alan J. Waintraub, Esq. (sac) [Transferred from New York Southern on 7/15/2024.]
|
|
| 3 | 3
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). 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 party's 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[LINK: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[LINK: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 court's 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 court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (sac) [Transferred from New York Southern on 7/15/2024.]
|
|
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information. (sac) [Transferred from New York Southern on 7/15/2024.] | ||
| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 7/15/2024.] | ||
| 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) [Transferred from New York Southern on 7/15/2024.] | ||
| Thursday, June 27, 2024 | ||
| 2 | 2
UNSIGNED ORDER TO SHOW CAUSE filed by Florence F. Litchmore-Smith. (sac) [Transferred from New York Southern on 7/15/2024.]
|
|
| 1 | 1
COMPLAINT against Alan J. Waintraub, Esq., Shay Krause, Bradley Marsh, Peter Marsh, Lester Wayne Meckey, Damion Mills, Bijan Nassi. (Filing Fee $ 405.00, Receipt Number 30608) Document filed by Florence F. Litchmore-Smith. (sac) [Transferred from New York Southern on 7/15/2024.]
|
|
| Case Designated ECF. (sac) [Transferred from New York Southern on 7/15/2024.] | ||