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Bell v. Gray

1:20-cv-01588 | New York Southern District Court

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Division Foley Square
Judge Judge Lorna G. Schofield
Filed Feb. 24, 2020
Terminated Oct. 3, 2022
Case Flags ECF and PRO-SE
Nature of Suit 190 Contract - Other
Cause 28:1332 Diversity Action
Jury Demand Plaintiff
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Filing Date # Docket Text
10/27/2023PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Renzer Bell consents to receive electronic service via the ECF system. Document filed by Renzer Bell.(sc) (Entered: 10/30/2023)
1/19/2023Transmission of USCA Mandate/Order to the District Judge re: [92] USCA Mandate. (tp) (Entered: 01/19/2023)
1/19/2023MANDATE of USCA (Certified Copy) as to 91 Notice of Appeal filed by Renzer Bell USCA Case Number 22-2814. IT IS HEREBY ORDERED that the appeal is dismissed effective December 27, 2022 unless by that date appellant either pays the fee in full, moves for in forma pauperis status in district court or, if district court has denied in forma pauperis status, moves in this Court for in forma pauperis status. If appellant has filed the motion in district court and the motion is pending, appellant must so advise this Court in writing by the same date. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/19/2023. (tp) (Entered: 01/19/2023)
11/1/2022Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [91] Notice of Appeal filed by Renzer Bell were transmitted to the U.S. Court of Appeals. (tp) (Entered: 11/01/2022)
11/1/2022Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [91] Notice of Appeal. (tp) (Entered: 11/01/2022)
11/1/2022Appeal Remark as to [91] Notice of Appeal filed by Renzer Bell. IFP Denied 10/03/2022. (tp) (Entered: 11/01/2022)
11/1/2022Appeal Fee Due: for [91] Notice of Appeal. Appeal fee due by 11/15/2022. (tp) (Entered: 11/01/2022)
10/30/2022NOTICE OF APPEAL from 90 Clerk's Judgment, 89 Memorandum & Opinion. Document filed by Renzer Bell. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 11/01/2022)
10/4/2022Mailing Receipt
10/3/2022CLERK'S JUDGMENT re: 89 Memorandum & Opinion in favor of Charles Gray against Renzer Bell. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Courts Opinion & Order dated September 30, 2022, the Court grants Gray's motion to dismiss, dismisses the Complaint without prejudice, and denies Bells motion for leave to amend the Complaint. The Clerk of Court is respectfully directed to close the motions pending at Docket Numbers 61 and 83, to close this case, and to enter judgment. The Court certifies, pursuant to 28 U.S.C. � 1915(a)(3), that any appeal of this Order would not be taken in good faith, and therefore denies in forma pauperis status for purposes of appeal. (Signed by Clerk of Court Ruby Krajick on 9/30/2022) (Attachments: # 1 Appeal Package) (tp) (Entered: 10/03/2022)
10/3/2022Mailing Receipt
9/30/2022 OPINION AND ORDER re: 83 MOTION to Amend/Correct 74 Amended Complaint. filed by Renzer Bell, 61 MOTION to Dismiss the Complaint. filed by Charles Gray. For the foregoing reasons, the Court grants Gray's motion to dismiss, dismisses the Complaint without prejudice, and denies Bells motion for leave to amend the Complaint. The Clerk of Court is respectfully directed to close the motions pending at Docket Numbers 61 and 83, to close this case, and to enter judgment. The Court certifies, pursuant to 28 U.S.C. � 1915(a)(3), that any appeal of this Order would not be taken in good faith, and therefore denies in forma pauperis status for purposes of appeal.SO ORDERED. (Signed by Judge John P. Cronan on 9/30/2022) (jca) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/30/2022)
2/18/2022AFFIDAVIT OF SERVICE of Memorandum of Law in Opposition to Plaintiff's Motion for Leave to Amend the Complaint and Copies of cases and other authorities cited in the Memorandum of Law in Opposition to Plaintiff's Motion for Leave to Amend the Complaint served on Renzer Bell on February 18, 2022. Service was made by Email and Mail. Document filed by Charles Gray..(Saponara, David) (Entered: 02/18/2022)
2/18/2022 MEMORANDUM OF LAW in Opposition re: 83 MOTION to Amend/Correct 74 Amended Complaint. . Document filed by Charles Gray..(Saponara, David) (Entered: 02/18/2022)
2/3/2022Mailed a copy of [86] Memo Endorsement, Set Deadlines to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (kh) (Entered: 02/03/2022)
2/3/2022 MEMO ENDORSEMENT on re: 85 Letter filed by Charles Gray. ENDORSEMENT: Defendant shall oppose the motion to amend by February 18, 2022, and Plaintiff shall file any reply by February 25, 2022. Defendant's opposition shall be limited to 10 pages and Plaintiff's reply shall by limited to 5 pages. The Clerk of Court is respectfully directed to mail this Order to the pro se Plaintiff. SO ORDERED. (Responses due by 2/18/2022, Replies due by 2/25/2022.) (Signed by Judge John P. Cronan on 2/3/2022) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 02/03/2022)
2/2/2022 LETTER addressed to Judge John P. Cronan from David N. Saponara dated February 2, 2022 re: Defendant's Intention to Oppose Plaintiff's Motion for Leave to Amend. Document filed by Charles Gray..(Saponara, David) (Entered: 02/02/2022)
1/28/2022 ORDER: On January 26, 2022, Plaintiff filed a motion to amend the Complaint. Dkt. 83. Defendant shall file a letter by February 2, 2022 indicating whether he intends to oppose the requested amendment. If Defendant intends to oppose the motion to amend, the Court will set a briefing schedule for that motion. If Defendant does not intend to oppose the motion to amend, Defendant also shall advise the Court whether he intends to rely on his previously filed motion to dismiss or file a supplemental motion and briefing. Dkt. 61. SO ORDERED. (Signed by Judge John P. Cronan on 1/28/2022) (jca) (Entered: 01/28/2022)
1/26/20220NOTICE OF MOTION TO AMEND THE COMPLAINT, re: to Amend/Correct 74 Amended Complaint. Document filed by Renzer Bell. (Attachments: # 1 Exhibit to Motion, # 2 Proposed Amended Complaint, # 3 Exhibit to A/C, # 4 Exhibit to A/C, # 5 Exhibit to A/C)(sc) (Entered: 01/26/2022)
1/6/2022AFFIDAVIT(Affirmation) of Renzer Bell IN SUPPORT OF MOTION FOR N ORDER ADJOURNING, OR ENLARGING THE PLAINTIFF'S TIME TO COMPLY WITH, OR SEEK RELIEF FROM THE ORDER IDENTIFIED AS DOCKET NO. 77, AND FOR A MORE DEFINITIVE STATEMENT, & CLARITY OF PORTIONS OF DOCKET NO. 77, re: 81 MOTION for Extension of Time to File. Document filed by Renzer Bell. (sc) (Entered: 01/06/2022)
1/6/2022NOTICE OF MOTION TO ADJOURN, OR ENLARGE THE PLAINTIFF'S TIME TO COMPLY WITH, OR SEEK RELIEF FROM THE ORDER IDENTIFIED AS DOCKET NO. 77, AND A MORE DEFINITIVE STATEMENT, & CLARITY OF PORTIONS OF DOCKET NO. 77. Document filed by Renzer Bell.(sc) (Entered: 01/06/2022)
1/4/2022Mailed a copy of [80] Order on Motion for Extension of Time, [77] Order, Set Deadlines, [62] Memorandum of Law in Support of Motion, [61] MOTION to Dismiss the Complaint to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (kh) (Entered: 01/04/2022)
1/4/2022 MEMO ENDORSEMENT granting in part 78 NOTICE OF MOTION TO ADJOURN, OR ENLARGE THE PLAINTIFF'S TIME TO COMPLY WITH, OR SEEEK RELIEF FROM THE ORDER IDENTIFIED AS DOCKET NO. 77, AND FOR A MORE DEFINITIVE STATEMENT, & CLARITY OF PORTIONS OF DOCKET NO. 77. ENDORSEMENT: The request is granted in part. Plaintiff shall comply with the Order at Docket Number 77, moving to amend and explaining why such amendment would not be futile, by January 19, 2022. No further extensions will be granted absent extraordinary circumstances. The Clerk of Court is respectfully directed to mail this Order and the documents at Docket Numbers 61, 62, and 77 to the pro se Plaintiff. SO ORDERED. Motions due by 1/19/2022.. (Signed by Judge John P. Cronan on 1/4/2022) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 01/04/2022)
1/3/2022LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from David N. Saponara dated January 3, 2022 re: 78 MOTION for Extension of Time. . Document filed by Charles Gray..(Saponara, David) (Entered: 01/03/2022)
12/31/2021NOTICE OF MOTION TO ADJOURN, OR ENLARGE THE PLAINTIFF'S TIME TO COMPLY WITH, OR SEEEK RELIEF FROM THE ORDER IDENTIFIED AS DOCKET NO. 77, AND FOR A MORE DEFINITIVE STATEMENT, & CLARITY OF PORTIONS OF DOCKET NO. 77. Document filed by Renzer Bell. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(sc) (Entered: 01/03/2022)
12/20/2021Mailed a copy of [77] Order, Set Deadlines to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (kh) (Entered: 12/20/2021)
12/17/2021 ORDER: On December 7, 2021, Plaintiff filed an amended complaint in this action. Dkt. 74. Defendant previously moved to dismiss Plaintiff's original complaint on September 17, 2021. Dkt. 61. As such, Plaintiff cannot file an amended complaint without seeking leave of the Court or the consent of the Defendant. Fed. R. Civ. P. 15(a). The Court thus rejects Plaintiff's purported amended complaint. Plaintiff may move to amend pursuant to Rule 15(a)(2) by December 30, 2021. If the Plaintiff does so, Plaintiff should explain why amendment would not be futile in light of the Defendants letter of December 10, 2021. Dkt. 75. The Clerk of Court is respectfully directed to mail this order to the pro se Plaintiff. SO ORDERED. (Motions due by 12/30/2021.) (Signed by Judge John P. Cronan on 12/17/2021) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 12/17/2021)
12/16/2021LETTER addressed to Judge John P. Cronan from Renzer Bell, dated 12/16/21 re: APPLICATION FOR RELIEF BY WAY OF MEMO ENDORSED ORDER" - The plaintiff seeks leave of the Court to be heard on the issues raised by the defendant, Charles Gray, through his counsel of record. The plaintiff notes that the plaintiff is informed, and believes that defendant Charles Gray's instant Motion to Dismiss is of no moment legally since the plaintiff elected to exercise his right to amend the Complaint pursuant to Federal Rule of Civil Procedure 12 etc. Additionally, the plaintiff hereby asks the Court to schedule the Initial Pre-Trial Conference pursuant to Federal Rule of Civil Procedure 26 which was previously requested in docket no. 64 yet to be addressed by the Court etc. Wherefore, the Plaintiff seeks leave of the Court for an Order scheduling the Initial Pretrial Conference, an Order scheduling a brief teleconference to identify the procedural status of the instant action etc. Document filed by Renzer Bell.(sc) (Entered: 12/16/2021)
12/10/2021 LETTER addressed to Judge John P. Cronan from David N. Saponara dated December 10, 2021 re: Defendant's Motion to Dismiss and Plaintiff's Proposed Amended Complaint. Document filed by Charles Gray..(Saponara, David) (Entered: 12/10/2021)
12/7/2021AMENDED COMPLAINT, re: amending 2 Complaint against Charles Gray with JURY DEMAND.Document filed by Renzer Bell. Related document: 2 Complaint. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(sc) (Entered: 12/08/2021)
12/6/2021 LETTER addressed to Judge John P. Cronan from David N. Saponara dated December 6, 2021 re: Plaintiff's Failure to Submit Opposition to Defendant's Motion to Dismiss. Document filed by Charles Gray..(Saponara, David) (Entered: 12/06/2021)
11/16/2021Mailed a copy of [71] Order on Motion for Extension of Time to File Response/Reply, to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (dsh) (Entered: 11/16/2021)
11/16/202172 ORDER The Clerk of Court is respectfully directed to mail a copy of the Order at Dkt. 71 to the pro se plaintiff. (HEREBY ORDERED by Judge John P. Cronan) (Text Only Order) (mhe) Transmission to Docket Assistant Clerk for processing. Transmission to Pro Se Assistants for processing. (Entered: 11/16/2021)
11/15/2021MEMO ENDORSEMENT granting in part 69 Letter Motion for Extension of Time to File Response/Reply re 69 MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Dismiss the Complaint. ENDORSEMENT: The request is granted in part. Plaintiff's time to oppose the motion to dismiss is extended to December 3, 2021. Defendant shall reply by December 17, 2021. The Court will not grant further extensions absent extraordinary circumstances. SO ORDERED. Responses due by 12/3/2021 Replies due by 12/17/2021. (Signed by Judge John P. Cronan on 11/15/2021) (jca) (Entered: 11/15/2021)
11/12/2021 RESPONSE to Motion re: 69 MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Dismiss the Complaint.. . Document filed by Charles Gray..(Aloe, Paul) (Entered: 11/12/2021)
11/12/2021NOTICE OF MOTION TO ADJOURN, OR ENLARGE THE TIME TO OPPOSE, OR OTHERWISE RESPOND TO THE DEFENDANT CHARLES GRAY'S INSTANT MOTION FOR SUMMARY JUDGMENT, re: for Extension of Time to File Response/Reply as to 61 MOTION to Dismiss the Complaint. Document filed by Renzer Bell.(sc) (Entered: 11/12/2021)
10/14/2021AFFIDAVIT OF SERVICE of Notice of Defendant Charles Gray's Motion to Dismiss the Complaint, Memorandum of Law in Support of Defendant Charles Gray's Motion to Dismiss the Complaint, and Copies of cases and other authorities cited in the Memorandum of Law in Support of Defendant Charles Gray's Motion to Dismiss the Complaint served on Renzer Bell on October 14, 2021. Service was made by Federal Express. Document filed by Charles Gray..(Saponara, David) (Entered: 10/14/2021)
10/14/2021Mailed a copy of [67] Memo Endorsement, Set Deadlines to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (kh) (Entered: 10/14/2021)
10/14/2021 MEMO ENDORSEMENT on re: 66 Letter,, filed by Renzer Bell. ENDORSEMENT: The docket reflects that Plaintiff has been served by mail and also received the motion by email. Defendant is directed to mail an additional copy of the motion to Plaintiff. Plaintiff's time to oppose is extended untilNovember 12, 2021. Defendant shall reply by December 1, 2021. Plaintiff's October 6, 2021 request for a status conference is denied. The Clerk of Court is respectfully directed to mail this order to the pro se plaintiff. SO ORDERED. (Responses due by 11/12/2021, Replies due by 12/1/2021.) (Signed by Judge John P. Cronan on 10/14/2021) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 10/14/2021)
10/13/2021LETTER addressed to Judge John P. Cronan from Renzer Bell dated 10/13/21 re: "APPLICATION FOR RELIEF BY WAY OF MEMO ENDORSED ORDER"- The plaintiff seeks leave of the Court for an Order instructing the defendant, Charles Gray, to serve the plaintiff with the instant Motion to Dismiss in accordance with the Federal Rules of Civil Procedure, granting the plaintiff not less than thirty days from the date of receipt of the instant motion to oppose, or respond etc. Document filed by Renzer Bell.(sc) (Entered: 10/14/2021)
10/6/2021 LETTER addressed to Judge John P. Cronan from David N. Saponara dated October 6, 2021 re: Defendant's Response to Plaintiff's Letter Application (ECF No. 64). Document filed by Charles Gray. (Attachments: # 1 Exhibit Email from Renzer Bell).(Saponara, David) (Entered: 10/06/2021)
10/6/2021LETTER addressed to Judge John P. Cronan from Renzer Bell, dated 10/6/21 re: "APPLICATION FOR RELIEF BY WAY OF MEMO ENDORSED ORDER" - The plaintiff respectfully seeks leave of the Court for an order scheduling the initial Pretrial Conference etc. Document filed by Renzer Bell.(sc) (Entered: 10/06/2021)
9/17/2021CERTIFICATE OF SERVICE of ECF Nos. 61 & 62 served on Renzer Bell on September 17, 2021. Service was made by Priority Mail. Document filed by Charles Gray..(Saponara, David) (Entered: 09/17/2021)
9/17/2021 MEMORANDUM OF LAW in Support re: 61 MOTION to Dismiss the Complaint. . Document filed by Charles Gray..(Saponara, David) (Entered: 09/17/2021)
9/17/2021 MOTION to Dismiss the Complaint. Document filed by Charles Gray. Responses due by 10/15/2021.(Saponara, David) (Entered: 09/17/2021)
8/30/2021Mailed a copy of [60] Order, to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (dsh) (Entered: 08/30/2021)
8/30/202160ORDER The conference scheduled for September 10, 2021 at 10:30 a.m. is adjourned sine die. The Clerk of Court is respectfully directed to send a copy of this text only order to the pro se plaintiff. (HEREBY ORDERED by Judge John P. Cronan) (Text Only Order) (mhe) Transmission to Docket Assistant Clerk for processing. (Entered: 08/30/2021)
8/25/2021Mailed a copy of [59] Order on Motion to Vacate to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (kh) (Entered: 08/25/2021)
8/24/2021MEMO ENDORSEMENT denying 58 Motion to Vacate 58 MOTION to Vacate 33 Clerk's Certificate of Default. ENDORSEMENT: Plaintiff's motion for reconsideration is denied. "[R]econsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlookedmatters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995) (citation omitted). Plaintiff provides no basis that would reasonably be expected to change the Court's decision. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Judge John P. Cronan on 8/24/2021) (vfr) Transmission to Docket Assistant Clerk for processing. (Entered: 08/24/2021)
8/20/2021NOTICE OF MOTION TO VACATE THE PLAINTIFF'S DEFAULT OR FOR RECONSIDERATION OF THE DETERMINATION OF THE COURT, re: 33 Clerk's Certificate of Default. Document filed by Renzer Bell. (Attachments: # 1 Exhibit)(sc) (Entered: 08/23/2021)
8/20/2021Telephone Conference
8/18/2021Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on August 18, 2021. For reasons stated at the conference, the Certificate of Default entered against Defendant is vacated. Defendant's motion to dismiss is due by September 17, 2021. Plaintiff's opposition is due by October 15, 2021, and Defendant's reply is due no later than October 29, 2021. (Court Reporter George Malinowski) (mhe) (Entered: 08/19/2021)
8/18/2021Mailed a copy of [57] Order, Set Deadlines to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (kh) (Entered: 08/18/2021)
8/18/2021 ORDER: The Court directed the parties to appear for a teleconference on August 18, 2021, at 12:00 p.m., to discuss Defendant's July 28, 2021 pre-motion letter, Dkt. 50, Plaintiff's motion for default judgment, Dkt. 42, and Defendant's opposition to Plaintiff's motion for default judgment, Dkt. 49. Plaintiff did not appear for the conference. For the reasons set forth at the August 18, 2021 conference, the Court vacates the Certificate of Default entered against Defendant. Further, Defendant's forthcoming motion to dismiss shall be filed by September 17, 2021. Plaintiff's opposition is due by October 15, 2021, and Defendant's reply is due by October 29, 2021. Defendant may raise any of his arguments for dismissal in this motion. The Clerk of Court is respectfully directed to vacate the Certificate of Default entered at Docket Number 43 and send a copy of this Order to the pro se Plaintiff. SO ORDERED. (Motions due by 9/17/2021, Responses due by 10/15/2021, Replies due by 10/29/2021.) (Signed by Judge John P. Cronan on 8/18/2021) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 08/18/2021)
8/13/2021 MEMO ENDORSEMENT on re: 55 Letter, filed by Renzer Bell. ENDORSEMENT: Plaintiff's requests are denied. The conference scheduled for August 18, 2021, at 12:00 p.m. shall take place as scheduled. Plaintiff is directed to the Court's Individual Rules and Practices for Pro Se Litigants, available at https://www.nysd.uscourts.gov/hon-john-p-cronan, which includes information as to the Pro Se Law Clinic Plaintiff may contact to seek legal advice. SO ORDERED. (Signed by Judge John P. Cronan on 8/13/2021) (jca) (Entered: 08/13/2021)
8/11/2021 LETTER addressed to Judge John P. Cronan from R. Bell, dated 8/11/21 re: "APPLICATION FOR RELIEF BY WAY OF MEMO ENDORSED ORDER" - The plaintiff seeks an adjournment or enlargement of the time to oppose, and respond to the releief sought by defendant Charles Gray's instant motion and application for a pre-motion conference. Document filed by Renzer Bell.(sc) (Entered: 08/12/2021)
8/3/2021Mailed a copy of [54] Memo Endorsement to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (kh) (Entered: 08/03/2021)
8/3/2021 MEMO ENDORSEMENT on re: 53 Letter filed by Charles Gray. ENDORSEMENT: Defendant's request is granted. Plaintiff shall email the responsive papers described in the Court's August 2, 2021 Order to dsaponara@kudmanlaw.com and cronannysdchambers@nysd.uscourts.gov by August 13, 2021. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Judge John P. Cronan on 8/3/2021) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 08/03/2021)
8/3/2021 LETTER addressed to Judge John P. Cronan from David N. Saponara dated August 3, 2021 re: Request for Courtesy Email Copies of Plaintiff's Responsive Papers. Document filed by Charles Gray..(Saponara, David) (Entered: 08/03/2021)
8/2/2021Mailed a copy of [52] Order on Motion for Conference, to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (dsh) (Entered: 08/02/2021)
8/2/2021Mailed a copy of [49] Memorandum of Law in Opposition, [1] Request to Proceed In Forma Pauperis, [47] Declaration in Opposition, [48] Declaration in Opposition to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (dsh) (Entered: 08/02/2021)
8/2/2021Set/Reset Deadlines: Responses due by 8/13/2021 (jca) (Entered: 08/02/2021)
8/2/2021 ORDER granting 50 Letter Motion for Conference re: 50 LETTER MOTION for Conference re: Defendant's Proposed Motion to Dismiss Pursuant to 28 U.S.C. � 1915(e)(2)(A) addressed to Judge John P. Cronan from David N. Saponara dated July 28, 2021. Plaintiff is directed to file a response to this letter by August 13, 2021. That letter shall also include a response to Defendant's opposition to default judgment, Dkts. 47-49. In particular, Defendant should explain whether he opposes Defendant's request to vacate the Certificate and Default, and, if so, why Plaintiff believes that Defendant's default was willful and whether Defendant met his burden in showing a meritorious defense. Both parties are directed to appear before the undersigned on August 18, 2021, at 12:00 p.m. The conference shall take place telephonically. At the scheduled time, all parties should call (866) 434-5269, access code 9176261. At the conference, the Court will address Plaintiff's motion for default judgment and Defendant's forthcoming motion to dismiss under 28 U.S.C. � 1915(e)(2)(A). Plaintiff should be prepared to discuss Defendant's allegations that Plaintiff made false representations in his application to proceed in forma pauperis. The Clerk of Court is respectfully directed to mail a copy of this Order and Docket Numbers 1, 47, 48, 49 to the pro se Plaintiff. SO ORDERED. Telephone Conference set for 8/18/2021 at 12:00 PM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 8/2/2021) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 08/02/2021)
7/28/2021CERTIFICATE OF SERVICE of ECF Nos. 45, 46, 47, 48, 49 & 50 served on Renzer Bell on July 28, 2021. Service was made by Priority Mail. Document filed by Charles Gray..(Saponara, David) (Entered: 07/28/2021)
7/28/2021 LETTER MOTION for Conference re: Defendant's Proposed Motion to Dismiss Pursuant to 28 U.S.C. � 1915(e)(2)(A) addressed to Judge John P. Cronan from David N. Saponara dated July 28, 2021. Document filed by Charles Gray. (Attachments: # 1 Exhibit Florida Property Record - 5736 Cleveland Road.pdf, # 2 Exhibit Florida Property Recrod - 2655 Wisteria Street.pdf).(Saponara, David) (Entered: 07/28/2021)
7/28/2021 MEMORANDUM OF LAW in Opposition re: 42 Affirmation . Document filed by Charles Gray..(Saponara, David) (Entered: 07/28/2021)
7/28/2021DECLARATION of David N. Saponara in Opposition re: 42 Affirmation. Document filed by Charles Gray. (Attachments: # 1 Exhibit A - PACER Case Locator Search Results.pdf).(Saponara, David) (Entered: 07/28/2021)
7/28/2021DECLARATION of Charles Gray in Opposition re: 42 Affirmation. Document filed by Charles Gray..(Saponara, David) (Entered: 07/28/2021)
7/28/2021NOTICE OF APPEARANCE by David Nicholas Saponara on behalf of Charles Gray..(Saponara, David) (Entered: 07/28/2021)
7/28/2021NOTICE OF APPEARANCE by Paul Aloe on behalf of Charles Gray..(Aloe, Paul) (Entered: 07/28/2021)
6/24/2021Mailed a copy of [44] Order, Set Deadlines/Hearings to to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209; to Charles Gray at Yonkers KIA, 1850 Central Park Avenue, Yonkers, New York, 10710 by Certified Mail # 7019 1120 0000 8895 2021 with Return Receipt Requested; and to Charles Gray at 3574 Multiview Drive, Los Angeles, California, 90068 by Certified Mail # 7019 1120 0000 8895 2038 with Return Receipt Requested. (kh) (Entered: 06/24/2021)
6/23/2021ORDER: On May 23, 2021, Plaintiff filed an Affidavit in Support of Equitable Demand for Entry of Default Against the Defendant Charles Gray. Dkt. 42. The Court construes this affidavit as a motion for default judgment. The Clerk's Office docketed a Certificate of Default as to Defendant on May 28, 2021. Dkt. 43. It is hereby ordered that Defendant shall file any opposition to the motion for default judgment by July 28, 2021. Plaintiff shall file any reply no later than August 11, 2021. It is further ordered that Defendant appear and show cause at a hearing before this Court on September 10, 2021, at 10:30 a.m., why an order should not be issued granting a default judgment against Defendant. That hearing shall take place telephonically. At the scheduled time, all parties should call (866) 434-5269, access code 9176261. In the event that Defendant does not appear, Plaintiff should be prepared to discuss: (1) any communications with Defendant or representatives for Defendant regarding their litigation and any intent to challenge the suit; and (2) the basis for Plaintiff's request for compensatory and incidental damages. Further, Plaintiff is directed to file a letter with the Court by August 11, 2021, explaining why the liquidated damages provision in the contract at issue is enforceable. The Court respectfully directs the Clerk of Court to mail a copy of this order to Plaintiff. Further, the Clerk of Court is directed to mail a copy of this Order to Defendant Charles Gray by certified mail at two addresses: (1) Yonkers KIA, 1850 Central Park Avenue, Yonkers, New York, 10710, and (2) 3574 Multiview Drive, Los Angeles, California, 90068. And as set forth herein. SO ORDERED., ( Responses due by 7/28/2021, Replies due by 8/11/2021., Show Cause Hearing set for 9/10/2021 at 10:30 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 6/23/2021) (ama) Transmission to Docket Assistant Clerk for processing. (Entered: 06/23/2021)
5/28/2021CLERK'S CERTIFICATE OF DEFAULT as to Charles Gray.(km) (Entered: 05/28/2021)
5/23/2021AFFIRMATION of Renzer Bell IN SUPPORT OF EQUITABLE DEMAND FOR ENTRY OF DEFAULT AGAINST THE DEFENDANT CHARLES GRAY. Document filed by Renzer Bell. (sc) (Entered: 05/24/2021)
3/11/2021***DELETED DOCKET ENTRY. Deleted docket entry: CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-04572-LGS. The docket entry was incorrectly filed in this case. (tro) (Entered: 03/11/2021)
3/11/2021***DELETED DOCUMENT. Deleted document number [41] ORDER. The document was incorrectly filed in this case. (tro) (Entered: 03/11/2021)
3/11/2021MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Charles Gray served on 3/2/2021, answer due 3/23/2021. Service was accepted by Mike Romano, Sales Manager. Document filed by Renzer Bell. (sc) (Entered: 03/12/2021)
3/11/2021CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-04572-LGS. (tro) (Entered: 03/11/2021)
3/1/2021Mailed a copy of [40] Order of Service to Renzer Bell at 5736 Cleveland Road Jacksonville, FL 32209. (sha) (Entered: 03/01/2021)
3/1/2021FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/1/2021 Re: Judge John P. Cronan [40] Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Amended Summons, IFP, [40] Order of Service, Orders [39], [37], [36], Completed U.S.M. form(s) for defendant(s) Charles Gray. (sha) (Entered: 03/01/2021)
3/1/2021AMENDED SUMMONS ISSUED as to Charles Gray. (sha) (Entered: 03/01/2021)
2/26/2021ORDER: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff. The Court also directs the Clerk of Court to issue an amended summons for Defendant Charles Gray, complete a USM-285 form with the new service address for Defendant, "Yonkers KIA, 1850 Central Park Avenue, Yonkers, New York, 10710," and deliver all documents necessary to effect personal service on Defendant to the U.S. Marshals' Service. A copy of this Order and the Court's Orders on Docket Numbers 36, 37, and 39 should be delivered to Defendant at the time of personal service. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge John P. Cronan on 2/26/2021) (rjm) Transmission to Pro Se Assistants for processing. (Entered: 02/26/2021)
2/23/2021SUPPLEMENTAL AFFIDAVIT(Affirmation) of Renzer Bell IN RESPONSE TO ORDER, AND MOTION FOR LEAVE TO SERVE THE DEFENDANT CHARLES GRAY AT THE RECENTLY REVEALED ADDRESS WITHIN NEW YORK STATE, re: 37 Order. Document filed by Renzer Bell. (sc) (Entered: 02/24/2021)
2/17/2021MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Charles Gray. Attempted Service of Summons and Complaint. Service was attempted on 2/5/21. Document filed by Renzer Bell. (sc) (Entered: 02/18/2021)
1/29/2021Telephone Conference
1/27/2021Mailed a copy of [36] Order of Service, to Renzer Bell at 5736 Cleveland Road Jacksonville, FL 32209. (sha) (Entered: 01/27/2021)
1/27/2021FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/27/2021 Re: Judge John P. Cronan [36] 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) Charles Gray. (sha) (Entered: 01/27/2021)
1/27/2021AMENDED SUMMONS ISSUED as to Charles Gray. (sha) (Entered: 01/27/2021)
1/26/2021Mailed a copy of [37] Order to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (kh) (Entered: 01/26/2021)
1/26/2021ORDER. For reasons stated at the January 20, 2021 hearing, Plaintiff Renzer Bell is directed to provide the Court with any information, if available, that could assist the Court in determining whether Defendant Charles Gray resides at the address listed on the certified mail receipt. (Dkt. 32). Plaintiff also is directed to provide the Court, to the extent available, with any other means of contacting Defendant, such as any telephone number(s) or e-mail address(es). Plaintiff should provide any such information to the Court by February 26, 2020. The Court will provide further guidance to the parties as to future proceedings after the U.S. Marshals' Service attempts personal service on Defendant. (Dkt. 36). The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge John P. Cronan on 1/26/2021) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 01/26/2021)
1/25/2021 ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff. The Court also directs the Clerk of Court to issue an amended summons for Defendant Charles Gray, complete a USM-285 form with the service address for Defendant, 3574 Multiview Drive, Los Angeles, California, 90068, and deliver all documents necessary to effect personal service on Defendant to the U.S. Marshals' Service. Finally, a copy of this Order should be delivered to Defendant at the time of personal service. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue.) SO ORDERED. (Signed by Judge John P. Cronan on 1/25/2021) (ks) Transmission to Pro Se Assistants for processing. (Entered: 01/25/2021)
1/20/2021Minute Entry for proceedings held before Judge John P. Cronan: Hearing on Plaintiffs motion for a default judgment held on January 20, 2021. Defendant did not appear at the hearing. The Court found that an entry of default was inappropriate on the record before it. By separate order, the Court will direct the U.S. Marshals' Service to attempt to effect personal service of the summons and complaint on Defendant. (Court Reporter Michael McDaniel) (mhe) (Entered: 01/29/2021)
1/15/2021Mailed a copy of [35] Order, to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (dsh) (Entered: 01/15/2021)
1/15/2021 ORDER: In the event that Defendant does not appear at the hearing on January 20, 2021, at 3:30 p.m., Plaintiff is directed to be prepared to discuss the following subjects at the conference: (1) The formation of the contracts entered into by Plaintiff and Defendant; (2) Any communication with Defendant or representatives for Defendant regarding the litigation and intent to challenge the suit, including discussions about the alleged illegal conduct prior to the filing of the lawsuit; (3) The basis for Plaintiffs request for compensatory and incidental damages; and (4) The enforceability of the liquidated damages provision in the contracts. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Judge John P. Cronan on 1/15/2021) (ks) Transmission to Docket Assistant Clerk for processing. (Entered: 01/15/2021)
12/9/2020Mailed a copy of [34] Order to Show Cause, Set Deadlines to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209; and a copy of [31] Affirmation, [32] Marshal's Process Receipt and Return of Service Executed Complaints, [33] Clerk's Certificate of Default to Charles Gray at 3574 Multiview Drive, Los Angeles, CA 90068 by Certified Mail # 7018 1830 0001 1674 6630 with Return Receipt Requested. (kh) (Entered: 12/09/2020)
12/8/2020 ORDER: On November 24, 2020, Plaintiff filed an Affidavit in Support of Equitable Demand for Entry of Default Against the Defendant Charles Gray. (Dkt. 31). The Court construes this affidavit as a motion for default judgment. A certificate of default was docketed on December 4, 2020. (Dkt. 33). It is hereby ORDERED that Defendant shall file any opposition to the motion for default judgment by January 5, 2021. It is further ORDERED that Defendant appear and show cause before this Court on January 20, 2021, at 3:30 p.m., why an order should not be issued granting a default judgment against Defendant. That hearing shall take place telephonically. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. The Clerk of the Court is respectfully directed to serve Defendant with Dkts. 31, 32, and 33 by certified mail. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. (Show Cause Hearing set for 1/20/2021 at 03:30 PM before Judge John P. Cronan.), (Responses due by 1/5/2021) (Signed by Judge John P. Cronan on 12/8/2020) (nb) Transmission to Docket Assistant Clerk for processing. (Entered: 12/08/2020)
12/4/2020CLERK'S CERTIFICATE OF DEFAULT as to Charles Gray.(km) (Entered: 12/04/2020)
11/30/2020MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Charles Gray, served on 9/17/2020, answer due 11/16/2020. Service was made by Cert. Mail. Document filed by Renzer Bell. (sc) (Entered: 11/30/2020)
11/24/2020AFFIDAVIT(Affirmation) of Renzer Bell IN SUPPORT OF EQUITABLE DEMAND FOR ENTRY OF DEFAULT AGAINST THE DEFENDANT CHARLES GRAY. Document filed by Renzer Bell. (sc) (Entered: 11/25/2020)
10/9/2020 Mailed Notice of Reassignment to litigant.(laq) (Entered: 10/09/2020)
10/8/2020Mailed a copy of [29] Order, [30] Order Referring Case to Magistrate Judge, to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (dsh) (Entered: 10/08/2020)
10/8/2020 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). Referred to Magistrate Judge Sarah L Cave. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge John P. Cronan on 10/8/2020) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 10/08/2020)
10/8/2020NOTICE OF REASSIGNMENT. This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any currently scheduled conference or oral argument before this Court is adjourned pending further order of this Court. All parties must familiarize themselves with the Court's Individual Rules, including the Court's Individual Rules and Practices for Pro Se Litigants, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. The following hearing(s) was terminated: Initial Conference. (Signed by Judge John P. Cronan on 10/8/2020) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 10/08/2020)
10/8/2020Mailed a copy of [25] Order, [28] Order on Motion for Extension of Time, to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (dsh) (Entered: 10/08/2020)
10/8/2020ORDER: denying as moot 27 Letter Motion for Extension of Time. It is hereby ORDERED that Plaintiff's motion to adjourn the deadline to file proof of service (Dkt. 27) is DENIED as moot. Judge Schofield ordered the United States Marshals' Service to effect service of Defendant by September 18, 2020. (Dkt. 24). Judge Schofield further amended the order to require the United States Marshals' Service to effect service of Defendant by certified mail. (Dkt. 25). The United States Marshals' Service filed a receipt of service on September 24, 2020. (Dkt. 26). The Clerk of Court is respectfully directed to mail a copy of this Order and the process receipt provided by the United States Marshals' Services (Dkt. 25) to the pro se Plaintiff at 5736 Cleveland Road, Jacksonville, Florida, 32209. SO ORDERED. (Signed by Judge John P. Cronan on 10/08/2020) (ama) Transmission to Docket Assistant Clerk for processing. (Entered: 10/08/2020)
10/5/2020NOTICE OF MOTION TO ADJOURN, OR ENLARGE THE TIME TO FILE PROOF OF SERVICE. Document filed by Renzer Bell.(sc) (Entered: 10/05/2020)
9/30/2020Notice of Case Assignment/Reassignment
9/29/2020NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Lorna G. Schofield is no longer assigned to the case. (laq) (Entered: 09/30/2020)
9/24/2020MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Charles Gray, served on 9/23/2020, answer due 11/23/2020. Service was made by Mail, signed and returned(signature illegible - refer to tracking # on slip). Document filed by Renzer Bell. (sc) (Entered: 09/25/2020)
9/10/2020Transmission to Pro Se Assistants
9/9/2020Transmission to Pro Se Assistants. Transmitted re: [25] Order to the Pro Se Assistants for processing. (jca) (Entered: 09/10/2020)
9/9/2020 ORDER: It is hereby ORDERED that, paragraph 5 of the Order, at Dkt. 22, is hereby amended as follows: ORDERED that, by September 18, 2020, the United States Marshals' Service shall effect service of Defendant by certified mail. (Signed by Judge Lorna G. Schofield on 9/9/2020) (jca) (Entered: 09/09/2020)
9/9/2020Mailed a copy of [24] Order of Service to Renzer Bell at 5736 Cleveland Road Jacksonville, FL 32209. (bwa) (Entered: 09/09/2020)
9/8/2020 ORDER: It is hereby ORDERED that, by September 18, 2020, the United States Marshals' Service shall effect service of Defendant or inform the Court why it cannot do so. It is further ORDERED that, the deadline for Plaintiff to file proof of service is hereby extended from September 3, 2020, to October 2, 2020. It is further ORDERED that, the initial pre-trial conference scheduled for September 24, 2020, is hereby adjourned to October 15, 2020 at 10:30A.M. Joint pre-conference materials are due by October 8, 2020. The parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff and to close the open motion at Dkt. 23., (Initial Conference set for 10/15/2020 at 10:30 AM before Judge Lorna G. Schofield.), Motions terminated: 23 MOTION for Extension of Time. filed by Renzer Bell. (Signed by Judge Lorna G. Schofield on 9/8/2020) (jca) Transmission to Pro Se Assistants for processing. (Entered: 09/08/2020)
9/2/2020NOTICE OF MOTION TO ADJOURN, OR ENLARGE THE TIME TO FILE PROOF OF SERVICE. Document filed by Renzer Bell.(sc) (Entered: 09/02/2020)
8/21/2020Mailed a copy of [22] Order on Motion for Extension of Time to File to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (kh) (Entered: 08/21/2020)
8/20/2020 ORDER denying without prejudice 21 Motion for Extension of Time to File. WHEREAS, "[s]ervice by email alone comports with due process where a plaintiff demonstrates that the email is likely to reach the defendant. F.T.C. v. PCCare247 Inc., 2013 WL841037 at *4 (S.D.N.Y. 2013); it is hereby ORDERED that the deadline for Plaintiff to file proof of service is hereby extended from August 20, 2020 to September 3, 2020. It is further ORDERED that Plaintiff's motion for leave to effect service by email is DENIED without prejudice to re-file provided that Plaintiff includes additional support that Defendant uses the email charlie@adultadjacent.com and is likely to be reached there. The Clerk of Court is respectfully directed to close the motion at Dkt. 21. The Clerk of court is respectfully directed to mail a copy of this order to pro se Plaintiff. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/20/2020) (cf) Transmission to Docket Assistant Clerk for processing. (Entered: 08/20/2020)
8/19/2020Mailed a copy of Summons Reissued as to Charles Gray, [20] Memo Endorsement, to Renzer Bell at 5736 Cleveland Road Jacksonville, FL 32209. (bwa) (Entered: 08/19/2020)
8/19/2020SUMMONS REISSUED as to Charles Gray. (bwa) (Entered: 08/19/2020)
8/18/2020Transmission to Pro Se Assistants. Transmitted re: [20] Memo Endorsement,, to the Pro Se Assistants for processing..(ks) (Entered: 08/19/2020)
8/18/2020NOTICE OF MOTION TO ADJOURN OR ENLARGE THE TIME TO FILE PROOF OF SERVICE, AND FOR LEAVE TO SERVE THE DEFENDAN CHARLES GRAY UTILIZING HIS ELECTRONIC MAIL ADDRESS. Document filed by Renzer Bell. (Attachments: # 1 Exhibit).(sc) (Entered: 08/18/2020)
8/18/2020 MEMO ENDORSEMENT on re: 19 Letter filed by Renzer Bell. ENDORSEMENT: SO ORDERED. The Clerk of Court is respectfully directed to amend Plaintiff's address in ECF to the following: Renzer Bell 5737 Cleveland Road Jacksonville, Florida 32209 The Clerk of Court is respectfully directed to send a copy of the Summons to Plaintiff at the above listed address. (Signed by Judge Lorna G. Schofield on 8/18/2020) (ks) Transmission to Docket Assistant Clerk for processing. (Entered: 08/18/2020)
8/17/2020LETTER from Renzer Bellm dated 8/12/20 re: Plaintiff requests that the mailing address be amended as follows: 5736 Cleveland Rd., Jacksonville, Florida 32209 etc. Document filed by Renzer Bell.(sc) (Entered: 08/17/2020)
7/21/2020Mailed a copy of [18] Order on Motion for Extension of Time, to Renzer Bell, 5736 Cleveland Road, Jacksonville, FL 32209. (vn) (Entered: 07/21/2020)
7/21/2020Transmission to Docket Assistant Clerk. Transmitted re: [18] Order on Motion for Extension of Time to the Docket Assistant Clerk for case processing. (jwh) (Entered: 07/21/2020)
7/21/2020Set/Reset Hearings: Initial Conference set for 9/24/2020 at 10:30 AM before Judge Lorna G. Schofield. (jwh) (Entered: 07/21/2020)
7/21/2020ORDER granting 15 Motion for Extension of Time: It is hereby ORDERED that the initial conference set for July 30, 2020, at 10:30 A.M. is adjourned to September 24, 2020, at 10:30 A.M. Joint pre-conference materials are due by September 17, 2020. It is further ORDERED that the deadline to file proof of service of the Complaint on the docket is extended to August 20, 2020. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. The Clerk of Court is also respectfully directed to mail a copy of the Orders at docket numbers 3, 7, 11, 12, 13 and 14 to the pro se Plaintiff. The Clerk of Court is respectfully directed to close docket number 15. (Signed by Judge Lorna G. Schofield on 7/21/2020) (jwh) (Entered: 07/21/2020)
7/20/2020 LETTER from U.S. Marshal Service -Civil Section Southern District of New York re: "STATUS OF SERVICE" - In April, a summons packet with an Acknowledgment of Receipt was mailed to the defendant. At this moment, we have not received the Acknowledgment of Receipt back from the defendant. Due to the current pandemic, all personal service of civil process has been suspended until futher notice etc. (sc) (Entered: 07/21/2020)
7/20/2020SUPPLEMENTAL AFFIDAVIT(Affirmation) of Renzer Bell IN SUPPORT OF MOTION TO ADJOURN OR ENLARGE THE TIME TO FILE PROOF OF SERVICE, re: 15 MOTION for Extension of Time. Document filed by Renzer Bell (sc) (Entered: 07/21/2020)
7/20/2020NOTICE OF MOTION TO ADJOURN, OR ENLARGE THE TIME TO FILE PROOF OF SERVICE. Document filed by Renzer Bell. (Attachments: # 1 Certificate of Service)(sc) (Entered: 07/20/2020)
7/13/2020Mailed a copy of [14] Order, Set Deadlines/Hearings, to Renzer Bell at 5736 Cleveland Road, Jacksonville, FL 32209. (dsh) (Entered: 07/13/2020)
7/10/2020 ORDER: It is hereby ORDERED that the initial conference in this action set for July 16, 2020, at 10:30 A.M. is adjourned to July 30, 2020, at 10:30 A.M. It is further ORDERED that Plaintiff shall file proof of service of the Complaint on the docket no later than July 23, 2020. If Plaintiff fails to file any response to this Order by July 23, 2020, the Court will dismiss this action for failure to prosecute. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. (As further set forth in this Order.) (Service due by 7/23/2020., Initial Conference set for 7/30/2020 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/10/2020) (cf) Transmission to Docket Assistant Clerk for processing. (Entered: 07/10/2020)
6/26/2020ORDER: It is hereby ORDERED that the initial conference set for July 2, 2020, at 10:30 A.M. is adjourned to July 16, 2020, at 10:30 A.M. Pre-conference materials are due on July 9, 2020. It is further ORDERED that Plaintiff shall file proof of service of the Complaint on the docket as soon as possible. If no submissions are filed between now and July 9, 2020, then the Court may dismiss this action for failure to prosecute., ( Initial Conference set for 7/16/2020 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/26/2020) (ama) (Entered: 06/26/2020)
6/5/2020 ORDER: WHEREAS, the initial conference in this action is set for June 11, 2020, and pre conference materials are due on June 4, 2020. ECF 6; WHEREAS, Defendants have not appeared in this matter and proof of service is not on the docket. It is hereby ORDERED that the initial conference set for June 11, 2020, at 10:30 A.M. is adjourned to July 2, 2020, at 10:30 A.M. Pre-conference materials are due on June 25, 2020. It is further ORDERED that Plaintiff shall file proof of service of the complaint on the docket as soon as possible. ( Initial Conference set for 7/2/2020 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/5/2020) (va)
5/26/2020Mailed Notice of Case Assignment/Reassignment to litigant. (nd) (Entered: 05/26/2020)
4/27/2020Memo Endorsement
4/24/2020Letter
4/24/2020Letter
4/24/2020Pro Se Memorandum to Change Address
4/9/2020FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 4/9/2020 Re: Judge Lorna G. Schofield 5 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Charles Gray. (nb) (Entered: 04/09/2020)
4/9/2020INFORMATION PACKAGE MAILED to Renzer Bell C/O Rodney Finkley 1957 Shaker Falls Lane Lawrenceville, GA 30045, at, on 4/9/2020 Re: 5 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 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. (nb) (Entered: 04/09/2020)
4/9/2020 SUMMONS ISSUED as to Charles Gray. (nb) (Entered: 04/09/2020)
4/7/2020Transmission to Docket Assistant Clerk. Transmitted re: 6 Order for Initial Pretrial Conference, to the Docket Assistant Clerk for case processing..(jca) (Entered: 04/07/2020)
4/7/2020 ORDER: The clerk is directed to mail a copy of this order to the pro se Plaintiff. Initial Conference set for 6/11/2020 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/7/2020) (jca) (Entered: 04/07/2020)
3/25/2020ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court also directs the Clerk of Court to issue a summons for Defendant Charles Gray, complete a USM-285 form with the service address for Gray, and deliver all documents necessary to effect service on Gray to the U.S. Marshall Service. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would bot be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seek review of a nonfrivolous issues. (As further set forth in this Order.) USM-285 Form due by 4/24/2020. Request for Issuance of Summons due by 4/24/2020. (Signed by Judge Lorna G. Schofield on 3/25/2020) (cf) Transmission to Pro Se Assistants for processing. (Entered: 03/25/2020)
3/25/2020Mailed a copy of 3 Order Granting IFP Application to Renzer Bell at C/O Rodney Finkley, 1957 Shaker Falls Lane, Lawrenceville, GA 30045. (bwa) (Entered: 03/25/2020)
3/24/2020NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (ad) (Entered: 03/24/2020)
3/24/2020Magistrate 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (ad) (Entered: 03/24/2020)
3/23/2020 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Colleen McMahon on 3/23/2020) (sac) Transmission to Docket Assistant Clerk for processing. (Entered: 03/23/2020)
2/24/2020Case Designated ECF. (sac) (Entered: 02/25/2020)
2/24/2020COMPLAINT against Charles Gray. Document filed by Renzer Bell. (sac) (Entered: 02/25/2020)
2/24/2020REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Renzer Bell. (sac) (Entered: 02/25/2020)