| Date Filed | Doc # | Docket Text |
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| 2014-05-12 | 1 | COMPLAINT against U.S. National Labor Relations Board, filed by Earl Forsythe. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 05/19/2014) |
| 2014-05-12 | 2 | MOTION for Leave to Proceed in forma pauperis by Earl Forsythe. (Bowens, Priscilla) (Entered: 05/19/2014) |
| 2014-05-19 | 3 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 05/19/2014) |
| 2014-05-21 | 4 | ORDER: Plaintiff's 2 application to proceed in forma pauperis under 28 U.S.C. § 1915 is hereby granted. The United States Marshals Service is directed to serve the summons and complaint upon the above named defendant without prepayment of fees. Plaintiff may choose to receive electronic notification of court issued filings in this civil case. If plaintiff is eligible and wishes to receive electronic notification of court issued documents, plaintiff should complete the attached Registration and Consent form and return the form(s) to the Court. Plaintiff is advised that even if he chooses to receive electronic notifications in this action,plaintiff is still required to advise the Court of any change to his mailing address. The parties shall advise the Court by signing the enclosed form whether they jointly consent to trial and decision on this case by me, a United States Magistrate Judge, pursuant to 28 U.S.C. § 636(c). SO ORDERED by Magistrate Judge Lois Bloom, on 5/21/2014. C/mailed w/Attachments: # 1 Individual Practices of Magistrate Judge Lois Bloom, # 2 Consent to Magistrate Judge Trial, # 3 Instruction for Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases, # 4 Pro Se Registration and Consent Form. (Latka-Mucha, Wieslawa) (Entered: 05/22/2014) |
| 2014-05-22 | 5 | SUMMONS ISSUED as to U.S. National Labor Relations Board. (Courtesy Copies sent to the Attorney General of the United States at Washington, D.C.; the U.S. Attorney's Office for the Eastern District of New York; and the Agency.) (Latka-Mucha, Wieslawa) (Entered: 05/22/2014) |
| 2014-06-26 | 6 | MOTION to Dismiss for Lack of Jurisdiction by U.S. National Labor Relations Board. Responses due by 7/10/2014 (Attachments: # 1 Memorandum in Support, # 2 Declaration) (Platt, Nancy) (Entered: 06/26/2014) |
| 2014-06-26 | 7 | NOTICE by U.S. National Labor Relations Board re 6 MOTION to Dismiss for Lack of Jurisdiction (notice to pro se litigant) (Platt, Nancy) (Entered: 06/26/2014) |
| 2014-06-26 | 8 | MOTION for pre motion conference re 6 MOTION to Dismiss for Lack of Jurisdiction by U.S. National Labor Relations Board. (Platt, Nancy) (Entered: 06/26/2014) |
| 2014-07-01 | 10 | AFFIRMATION in Opposition re 6 MOTION to Dismiss for Lack of Jurisdiction filed by Earl Forsythe. (Lee, Tiffeny) (Entered: 07/02/2014) |
| 2014-07-02 | 9 | ORDER re 8 Motion for Pre Motion Conference. The court finds that a pre-motion conference would be unnecessary and therefore waives the requirement. The court will not strike Defendant's motion. The parties shall complete briefing in accordance with the following schedule and the court's Individual Rule 111.B: By August 29, 2014, Plaintiff shall serve on Defendant a response to Defendant's Motion to Dismiss. By October l, 2014, Defendant shall serve on Plaintiff its reply, if any, and electronically file the fully briefed motion with the court. So Ordered by Judge Nicholas G. Garaufis on 6/30/2014. (c/m to pro se) (Lee, Tiffeny) (Entered: 07/02/2014) |
| 2014-07-10 | 11 | MOTION for Leave to Appear Pro Hac Vice for Attorney David H. Mori Filing fee $ 25. by U.S. National Labor Relations Board. (Attachments: # 1 Declaration, # 2 Proposed Order) (Platt, Nancy) (Entered: 07/10/2014) |
| 2014-07-11 | 12 | ORDER FOR ADMISSION PRO HAC VICE : The 11 motion for admission to practice pro hac vice in the above captioned matter is granted. The admitted attorney, David H. Mori, is permitted to argue or try this particular case in whole or in part as counsel or advocate for Defendant National Labor Relations Board. This Order becomes effective upon the Court's receipt of the required $ 25.00 fee and confirms his appearance as counsel in this case. SO ORDERED by Magistrate Judge Lois Bloom, on 7/11/2014. C/mailed. (Latka-Mucha, Wieslawa) (Entered: 07/14/2014) |
| 2014-08-07 | 13 | PLAINTIFF'S AFFIDAVIT/AFFIRMATION in Opposition to Defendant's Motion by Earl Forsythe. (Lee, Tiffeny) (Entered: 08/08/2014) |
| 2014-08-22 | 14 | MOTION to Amend/Correct/Supplement and add witness Ronald M. Callendar by Earl Forsythe. (Marziliano, August) (Entered: 08/25/2014) |
| 2014-09-02 | 15 | MOTION for Discovery by Earl Forsythe. (Lee, Tiffeny) (Entered: 09/03/2014) |
| 2014-09-09 | 16 | ORDER re 15 Motion for Discovery. Plaintiff states that he has exhausted all of his administrative remedies and requests that this matter proceed to discovery. (ECF No. 15.) The request is denied. So Ordered by Magistrate Judge Lois Bloom on 9/8/2014. (c/m to pro se) (Lee, Tiffeny) (Entered: 09/09/2014) |
| 2014-09-11 | 17 | Letter dated 9/9/2014 to Judge Garaufis from Lyle Rowen, Esq. on behalf of non-parties regarding discovery dispute. (Lee, Tiffeny) (Entered: 09/15/2014) |
| 2014-09-12 | 18 | Letter dated 9/10/2014 to Judge Garaufis from Lyle Rowen, Esq. withdrawing discovery dispute. (Lee, Tiffeny) (Entered: 09/15/2014) |
| 2014-09-18 | 19 | Letter MOTION to Quash Mr. Forsythe's subpoenas and interrogatories issued to Mr. Sparer, Ms. Munsky, Thomas Auletti, Phyllis Dugan, Joseph Loscalzo, Pedro Zavala, Tyrone Stewart, Gary Gurwitz, Jose Diaz and Jose Rodriguez; filed by Daniel Morris, Esq. on behalf of non-parties Amalgamated Warbasse Houses, Inc. ("AWH"), Robert A. Sparer, Esq. and Stefanie R. Munsky, Esq. - dated 9/12/2014. W/Exhibits A-G. (Latka-Mucha, Wieslawa) (Entered: 09/18/2014) |
| 2014-09-19 | 20 | ORDER: By Order 16 dated 9/8/2014, the Court denied plaintiff's 15 request to conduct discovery pending a decision by the Court on defendant's motion to dismiss. Nevertheless, plaintiff has served subpoenas on several non-parties, including on multiple employees of Amalgamated W arbasse Houses, Inc. (" Amalgamated"). Counsel for non-party Amalgamated now seeks to quash the subpoenas pursuant to Fed. R. Civ. P. 45(d)(3). The 19 motion to quash is granted . Until the Court rules on defendant's pending motion to dismiss, plaintiff should not serve any further discovery requests. SO ORDERED by Magistrate Judge Lois Bloom, on 9/19/2014. C/mailed by Chambers. (Latka-Mucha, Wieslawa) (Entered: 09/19/2014) |
| 2014-09-25 | 21 | Notice of MOTION to Quash all Subpoenas and Dismiss Initial Disclosures Served on All Parties and Non-Parties and MOTION for Leave to File an Amended Complaint; filed by Earl Forsythe, dated 9/22/2014. W/Attachments: # 1 Affidavit / Affirmation in Support, # 2 Amended Complaint, # 3 Affirmation of Service. (Latka-Mucha, Wieslawa) (Entered: 09/25/2014) |
| 2014-09-26 | 22 | MOTION for Extension of Time to File by Earl Forsythe. (Attachments: # 1 Letter from NLRB) (Lee, Tiffeny) (Entered: 09/26/2014) |
| 2014-10-01 | 23 | REPLY in Support re 6 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. National Labor Relations Board. (Attachments: # 1 Declaration of Deirdre MacNeil) (Platt, Nancy) (Entered: 10/01/2014) |
| 2014-10-07 | 24 | Letter dated 10/4/2014 to Deirdre NacNeil, FOIA Officer, NLRB from Earl Forsythe re: request for unredacted files. (Lee, Tiffeny) (Entered: 10/08/2014) |
| 2014-10-08 | 25 | MOTION to Amend/Correct/Supplement 1 Complaint by Earl Forsythe. (Lee, Tiffeny) (Entered: 10/09/2014) |
| 2014-10-08 | 26 | ORDER: Plaintiff now 22 requests that this matter be stayed to allow him to administratively exhaust his appeal regarding the redactions in the disclosed documents. Defendant consents to granting plaintiff a short extension of time to seek to amend his complaint to include a challenge to the NLRB's redactions. In the alternative, defendant 23 requests that this matter be dismissed as moot. The Court grants plaintiff 30 days from the decision of his administrative appeal to file an amended complaint in this action. SO ORDERED by Magistrate Judge Lois Bloom, on 10/8/2014. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa) (Entered: 10/10/2014) |
| 2014-10-08 | 27 | AMENDED COMPLAINT w/Demand for Trial by Jury against U.S. National Labor Relations Board; filed by pro se Earl Forsythe, dated 9/22/2014. (Latka-Mucha, Wieslawa) (Entered: 10/10/2014) |
| 2014-10-16 | 28 | ORDER: As plaintiff's 27 amended complaint was submitted before he received the Court's 26 Order, no action need be taken on that amended complaint. Plaintiff shall file an amended complaint within 30 days from the decision of his administrative appeal as previously ordered. ( See Id. ) Plaintiff is advised that the amended complaint will completely replace the original complaint. Therefore, if plaintiff amends his complaint, his amended complaint must include all the claims he intends to pursue. SO ORDERED by Magistrate Judge Lois Bloom, on 10/16/2014. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa) (Entered: 10/17/2014) |
| 2014-10-27 | 29 | MOTION to Amend/Correct/Supplement Complaint by Earl Forsythe. (Attachments: # 1 3rd Amended Complaint) (Lee, Tiffeny) (Entered: 10/29/2014) |
| 2014-11-03 | 30 | ORDER: Plaintiff requests 29 permission to file an amended complaint and attaches a proposed third amended complaint to the request. Plaintiff has already been 26 granted permission to file the amended complaint. Accordingly, the Clerk of Court shall docket the proposed amended complaint as plaintiff's third amended complaint and plaintiff's claims in the third amended complaint shall proceed. Defendant shall respond to plaintiff's third amended complaint by 11/17/2014. SO ORDERED by Magistrate Judge Lois Bloom, on 11/3/2014. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa) (Entered: 11/04/2014) |
| 2014-11-03 | 31 | THIRD AMENDED COMPLAINT w/Demand for Trial by Jury against U.S. National Labor Relations Board; filed by pro se Earl Forsythe, dated 10/24/2014. (Latka-Mucha, Wieslawa) (Entered: 11/04/2014) |
| 2014-11-10 | 32 | MOTION to Compel Disclosure of Unredacted Files and Withheld Documents by Earl Forsythe. (Lee, Tiffeny) (Entered: 11/12/2014) |
| 2014-11-17 | 33 | Emergency MOTION for pre motion conference re 30 Order on Motion to Amend/Correct/Supplement,, 31 Amended Complaint Request for Extension by U.S. National Labor Relations Board. (Platt, Nancy) (Entered: 11/17/2014) |
| 2014-11-17 | 34 | First ANSWER to 31 Amended Complaint (Third) by U.S. National Labor Relations Board. (Platt, Nancy) (Entered: 11/17/2014) |
| 2014-11-17 | 35 | ORDER: Plaintiff requests that defendant be compelled to produce the documents at issue in the Freedom of Information Act request underlying plaintiff's complaint. Production of the unredacted and withheld files is the relief plaintiff seeks in his complaint. Plaintiff filed a 31 third amended complaint on 11/3/2014 and the Court ordered defendant to respond by 11/17/2014. Therefore, plaintiff's 32 instant request is denied as premature. SO ORDERED by Magistrate Judge Lois Bloom, on 11/17/2014. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa) (Entered: 11/18/2014) |
| 2014-11-21 | 36 | FILING FEE: $ 25.00, receipt number 4653081477 re: 11 Motion for Pro Hac Vice Appearance as to David H. Mori. (Lee, Tiffeny) (Entered: 11/21/2014) |
| 2014-11-21 | 37 | MOTION to Compel Disclosure of Unredacted Documents, Withheld Documents and Compliance with Standard Procedures by Earl Forsythe. (Lee, Tiffeny) (Entered: 11/24/2014) |
| 2014-11-24 | 38 | PLAINTIFF'S AFFIDAVIT/AFFIRMATION in Opposition to Defendant's 33 Motion. (Lee, Tiffeny) (Entered: 11/24/2014) |
| 2014-11-26 | 39 | AMENDED PLAINTIFF'S AFFIDAVIT/AFFIRMATION in Opposition to Defendant's 33 Motion for Summary Judgment filed by Earl Forsythe. (Lee, Tiffeny) (Entered: 11/26/2014) |
| 2014-12-02 | 40 | ORDER: Plaintiff filed a 31 Third Amended Complaint on 11/3/2014, and defendant has 34 answered. The Court shall hold an initial pretrial conference in this action pursuant to Fed. R. Civ. P. 16 on 12/30/2014, at 2:00 p.m. in Courtroom 11A South of the United States Courthouse. No planning conference pursuant to Rule 26(f), Fed. R. Civ. P., shall be required at this time. SO ORDERED by Magistrate Judge Lois Bloom, on 12/2/2014. C/mailed to pro se Plaintiff. (Motion 33 has been terminated.) (Latka-Mucha, Wieslawa) (Entered: 12/04/2014) |
| 2014-12-05 | 41 | First Motion to Appear by Telephone by U.S. National Labor Relations Board. (Mori, David) (Entered: 12/05/2014) |
| 2014-12-08 | 42 | ORDER: Defendant requests permission to appear at the initial pretrial conference scheduled for 12/30/2014, by telephone. The 41 request is granted. The Court hereby converts the initial pretrial conference to a telephone conference. Plaintiff shall be available at the phone number listed on the docket, 646-318-2636, at 2:00 p.m. on 12/30/2014. Counsel for defendant is requested to arrange and initiate the call. SO ORDERED by Magistrate Judge Lois Bloom, on 12/8/2014. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa) (Entered: 12/09/2014) |
| 2014-12-22 | 43 | NOTICE of Change of Telephone Number by Earl Forsythe. Docket updated. (Lee, Tiffeny) (Entered: 12/24/2014) |
| 2014-12-30 | 44 | Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 12/30/2014. Recorded. Tick #(s) 2:02 - 2:26. Appearances for Plaintiff: Earl Forsythe, pro se ; for Defendant: David Mori, Esq. (Latka-Mucha, Wieslawa) (Entered: 12/30/2014) |
| 2014-12-30 | 45 | ORDER: The Court stayed all discovery and set the following briefing schedule for defendant's summary judgment motion. Defendant shall serve its motion on plaintiff by 2/17/2015; Plaintiff shall serve his opposition on defendant's counsel so that it is received by 4/1/2015; if defendant does not wish to reply to plaintiff's opposition, defendant shall file the fully-briefed motion on that day, otherwise defendant shall serve its reply and file the fully-briefed motion by 4/8/2015. The parties shall not file any motion papers with the Court before the motion is fully briefed. Plaintiff shall keep a copy of his opposition to the motion for his records, but defendant's counsel shall electronically file both plaintiff's and defendant's papers by 4/8/2015. In light of the briefing schedule set by the Court and for the reasons set forth on the record, the Clerk of Court shall terminate defendant's 6 motion to dismiss as well as plaintiff's motions to 21 "quash all subpoenas" and to 37 "compel disclosure ofunredacted documents." SO ORDERED by Magistrate Judge Lois Bloom, on 12/30/2014. C/mailed to pro se Plaintiff. (Motions terminated.) (Latka-Mucha, Wieslawa) (Entered: 12/31/2014) |
| 2015-03-26 | 46 | Letter dated 3/23/2015 from Earl Forsythe, Pro Se advising of his lack of availability May 1, 2015 through June 1, 2015 and providing a contact number. (Lee, Tiffeny) (Entered: 03/27/2015) |
| 2015-04-07 | 47 | MOTION for Summary Judgment by U.S. National Labor Relations Board. Responses due by 4/1/2015 (Attachments: # 1 Notice to Pro Se Litigant, # 2 Rule 56.1 Statement, # 3 Declaration, # 4 Memorandum in Support, # 5 Certificate of Service) (Mori, David) (Entered: 04/07/2015) |
| 2015-04-07 | 48 | RESPONSE in Opposition re 47 MOTION for Summary Judgment filed by U.S. National Labor Relations Board. (Attachments: # 1 Affidavit in Opposition) (Mori, David) (Entered: 04/07/2015) |
| 2015-04-07 | 49 | REPLY in Support re 47 MOTION for Summary Judgment filed by U.S. National Labor Relations Board. (Mori, David) (Entered: 04/07/2015) |
| 2015-05-04 | 50 | AFFIDAVIT/AFFIRMATION of Ronalf M. Callender submitted by Earl Forsythe. (Lee, Tiffeny) (Entered: 05/06/2015) |
| 2015-06-23 | 51 | Letter dated 6/15/2015 from Earl Forsythe, Pro Se advising tht he has returned home from vacation as of 6/1/2015. (Lee, Tiffeny) (Entered: 06/23/2015) |
| 2015-07-28 | 52 | NOTICE of Change of Address by David H. Mori (Mori, David) (Entered: 07/28/2015) |
| 2015-10-08 | 53 | ORDER REFERRING MOTION: 47 MOTION for Summary Judgment filed by U.S. National Labor Relations Board. This motion is respectfully REFERRED to Magistrate Judge Lois Bloom for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rule of Civil Procedure 72(b)(l). So Ordered by Judge Nicholas G. Garaufis on 10/6/2015. (c/m to pro se) Motions referred to Lois Bloom. (Lee, Tiffeny) (Entered: 10/08/2015) |
| 2016-02-16 | 54 | REPORT AND RECOMMENDATION: It is respectfully recommended that defendant's 47 motion for summary judgment should be granted. Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have 14 days from service of this Report to file written objections. SO ORDERED by Magistrate Judge Lois Bloom, on 2/16/2016. (Copy of this Order and the attached copies of all unpublished decisions cited herein faxed and sent to pro se Plaintiff.) Objections to R&R due by 3/4/2016. (Latka-Mucha, Wieslawa) (Entered: 02/17/2016) |
| 2016-02-26 | 55 | OBJECTION to 54 Report and Recommendations filed by Earl Forsythe. (Lee, Tiffeny) (Entered: 02/29/2016) |
| 2016-03-11 | 56 | REPLY in Opposition to Objections to Judge's Report and Recommendation filed by U.S. National Labor Relations Board. (Attachments: # 1 Certificate of Service) (Mori, David) (Entered: 03/11/2016) |
| 2016-03-23 | 57 | ORDER ADOPTING REPORT AND RECOMMENDATIONS: The court OVERRULES Plaintiff's objections, ADOPTS IN FULL the 54 R&R, and GRANTS Defendant's 47 motion for summary judgment. The Clerk of Court is respectfully directed to enter judgment in favor of Defendant and close the case. So Ordered by Judge Nicholas G. Garaufis on 3/22/2016. (fwd'd for jgm; copy mailed to pro se) (Lee, Tiffeny) (Entered: 03/23/2016) |
| 2016-03-23 | 58 | CLERK'S JUDGMENT that Defendant's motion for summary judgment is granted; and that judgment is hereby entered in favor of Defendant U.S. National Labor Relations Board and against Plaintiff Earl Forsythe. Signed Douglas C. Palmer, Clerk of Court by Janet Hamilton, Deputy Clerk on 3/23/2016. (c/m to pro se with appeals packet) (Lee, Tiffeny) (Entered: 03/23/2016) |
| 2016-04-01 | 59 | NOTICE OF APPEAL as to 57 Order Adopting Report and Recommendations, 58 Clerk's Judgment, by Earl Forsythe. No fee paid. IFP granted. Service done electronically. (McGee, Mary Ann) (Entered: 04/04/2016) |
| 2016-04-04 | | Electronic Index to Record on Appeal sent to US Court of Appeals. 59 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) (Entered: 04/04/2016) |
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