| Date Filed | Doc # | Docket Text |
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| 2015-02-04 | 1 | COMPLAINT against U.S. Commodities Futures and Exchange Commission. (Filing Fee $ 350.00, Receipt Number 465401116288)Document filed by Daniel Zamora.(moh) (mps). (Entered: 02/05/2015) |
| 2015-02-04 | | SUMMONS ISSUED as to U.S. Commodities Futures and Exchange Commission, U.S. Attorney and U.S. Attorney General. (moh) (Entered: 02/05/2015) |
| 2015-02-04 | | CASE REFERRED TO Judge William H. Pauley as possibly related to 14cv5433. (moh) (Entered: 02/05/2015) |
| 2015-02-04 | | Case Designated ECF. (moh) (Entered: 02/05/2015) |
| 2015-02-04 | 2 | STATEMENT OF RELATEDNESS re: that this action be filed as related to 14cv5433. Document filed by Daniel Zamora.(moh) (mps). (Entered: 02/05/2015) |
| 2015-02-04 | 3 | CIVIL COVER SHEET filed. (moh) (mps). (Entered: 02/05/2015) |
| 2015-02-06 | | ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney David Anthony Bellon for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint to: caseopenings@nysd.uscourts.gov. (moh) (Entered: 02/06/2015) |
| 2015-02-06 | | ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney David Anthony Bellon, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov . (moh) (Entered: 02/06/2015) |
| 2015-02-06 | | ***NOTICE TO ATTORNEY TO SUBMIT RELATED CASE STATEMENT. Notice to Attorney David Anthony Bellon, for noncompliance with Local Civil Rule 13 of the Rules for the Division of Business Among Judges. Attorney must submit Related Case Statement for filing. Send a hard copy of the Related Case Statement form to: Clerk's Office, Finance Unit, 500 Pearl Street, Room 120, New York, NY 10007 and send a PDF of the Related Case Statement form to caseopenings@nysd.uscourts.gov . (moh) (Entered: 02/06/2015) |
| 2015-03-06 | | CASE DECLINED AS NOT RELATED. Case referred as related to 14-cv-5344 and declined by Judge William H. Pauley III and returned to wheel for assignment. (pgu) (Entered: 03/06/2015) |
| 2015-03-06 | | NOTICE OF CASE ASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 03/06/2015) |
| 2015-03-06 | | Magistrate Judge Gabriel W. Gorenstein is so designated. (pgu) (Entered: 03/06/2015) |
| 2016-04-12 | 4 | ORDER: By April 22, 2016, Plaintiff shall file a status update addressing, inter alia, service of process on Defendant. (Signed by Judge Analisa Torres on 4/12/2016) (kko) (Entered: 04/12/2016) |
| 2016-04-22 | 5 | LETTER addressed to Judge Analisa Torres from David Bellon, Esq. dated 4/22/16 re: Service of Process. Document filed by Daniel Zamora. (Attachments: # 1 Affidavit)(Bellon, David) (Entered: 04/22/2016) |
| 2016-04-26 | 6 | NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of U.S. Commodities Futures and Exchange Commission. (Sun, Anthony) (Entered: 04/26/2016) |
| 2016-04-26 | 7 | LETTER addressed to Judge Analisa Torres from AUSA Anthony J. Sun dated 4/26/2016 re: response to Plaintiff's status letter dated 4/22/2016. Document filed by U.S. Commodities Futures and Exchange Commission.(Sun, Anthony) (Entered: 04/26/2016) |
| 2016-05-16 | 8 | ORDER: By May 23, 2016, Plaintiff is directed to file proof of service of process on ECF. SO ORDERED. (Service due by 5/23/2016.) (Signed by Judge Analisa Torres on 5/16/2016) (kko) (Entered: 05/16/2016) |
| 2016-05-24 | 9 | AFFIDAVIT OF SERVICE of SUMMON AND COMPLAINT served on US CFTC on 3/11/15. Service was accepted by NATISE L. ALLEN. Service was made by MAIL. Document filed by Daniel Zamora. (Bellon, David) (Entered: 05/24/2016) |
| 2016-08-22 | 10 | ORDER OF REFERENCE TO A 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 Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 8/22/2016) (cf) (Entered: 08/22/2016) |
| 2016-10-31 | 11 | ORDER TO SHOW CAUSE: Accordingly, plaintiff is hereby ordered to show cause why this case should not be dismissed under Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiff should also explain why the case should not be dismissed under Rule 41 (b) of the Federal Rules of Civil Procedure for failure to prosecute. Such showing shall be made by a memorandum of law that complies with Local Civil Rule 7.1 and an affidavit or declaration, both of which shall be filed on or before November 10, 2016. Plaintiff is warned that failure to comply with this Order may in itself result in dismissal of this action. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/28/2016) (ama) Modified on 11/28/2016 (ama). (Entered: 10/31/2016) |
| 2016-11-15 | 12 | REPORT & RECOMMENDATION re: 1 Complaint filed by Daniel Zamora. For these reasons, and because this is not a case in which the Court should exercise its discretion to grant an extension in the absence of good cause, this matter should be dismissed without prejudice pursuant to Rule 4(m). (Objections to R&R due by 12/2/2016) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/15/2016) (cla) (Entered: 11/15/2016) |
| 2016-12-13 | 13 | ORDER for 12 Report and Recommendations: Having received no objections to Magistrate Judge Gabriel W. Gorenstein's November 15, 2016 report and recommendation, the Court reviewed the recommendation and found no "clear error on the face of the record." Walker v. Vaughn, 216 F. Supp. 2d 290, 292 (S.D.N.Y. 2002) (quoting Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001)) (internal quotation marks omitted). Judge Gorenstein recommends that the Court dismiss this case without prejudice pursuant to Federal Rule of Procedure 4(m). As Judge Gorenstein explains, Plaintiff failed to properly serve Defendant and failed to respond to the Court's order to show cause as to why the case should not be dismissed. The Court accepts and adopts the thorough and well-reasoned report and recommendation. Accordingly, the case is DISMISSED without prejudice pursuant to Rule 4(m). The Clerk of Court is directed to close the case. (Signed by Judge Analisa Torres on 12/13/2016) (tn) (Entered: 12/13/2016) |
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