| Date Filed | Doc # | Docket Text |
|
| 2021-05-25 | 1 | REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by John Bal. (sac) (Entered: 05/26/2021) |
| 2021-05-25 | 2 | COMPLAINT against U.S. Department of the Treasury. Document filed by John Bal. (sac) (Entered: 05/26/2021) |
| 2021-05-25 | | Case Designated ECF. (sac) (Entered: 05/26/2021) |
| 2021-05-25 | 3 | PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: John Bal consents to receive electronic service via the ECF system. Document filed by John Bal. (sac) (Entered: 05/26/2021) |
| 2021-06-04 | 4 | ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Laura Taylor Swain on 6/4/2021) (vn) Transmission to Docket Assistant Clerk for processing. (Entered: 06/07/2021) |
| 2021-06-15 | | NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Unassigned is no longer assigned to the case..(wb) (Entered: 06/15/2021) |
| 2021-06-15 | | Magistrate Judge Ona T. Wang 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 . (wb) (Entered: 06/15/2021) |
| 2021-07-13 | 6 | ORDER OF SERVICE: To allow Plaintiff to effect service on Defendant United States Department of the Treasury through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for this defendant. The Clerk of Court is further instructed to (1) mark the box on the USM-285 forms labeled "Check for service on U.S.A."; (2) issue a summons; and (3) deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon this defendant. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to (1) complete the USM-285 forms with the address for the United States Department of the Treasury; (2) check the box on the USM-285 forms labeled "Check for service on U.S.A."; (3) issue a summons; and (4) deliver to the U.S. Marshals Service all documents necessary to effect service to this defendant. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/13/2021) (rj) Transmission to Pro Se Assistants for processing. (Entered: 07/13/2021) |
| 2021-07-15 | 7 | SUMMONS ISSUED as to U.S. Department of the Treasury. (aan) (Entered: 07/15/2021) |
| 2021-07-15 | | FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 7/15/2021 Re: Judge Mary Kay Vyskocil 6 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) U.S. Department of the Treasury. (aan) (Entered: 07/15/2021) |
| 2021-07-15 | 8 | INFORMATION PACKAGE MAILED to John Bal 85 Kenmare Street Apartment #35 New York, NY 10012, at, on 7/15/2021 Re: 6 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, order granting IFP application, 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan) (Entered: 07/15/2021) |
| 2021-08-12 | 9 | LETTER addressed to Judge Mary Kay Vyskocil from J. Bal, dated 8/12/21, re: As a result of issues related to the Covid-19 epidemic, I am temporarily in Chiang Mai, Thailand. I expect to return home in New York by 4/8/22. My temporary address in Thailand is: P.O. Box 55, Phrasing Post Office, A. Muang, Chiang Mai, Thailand 50205. I request that all Court-related communication be by email. Document filed by John Bal.(sc) (Entered: 08/12/2021) |
| 2021-08-12 | 10 | MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, re: for Permission for John Bal to participate in electronic case filing in this case. Document filed by John Bal.(sc) (Entered: 08/12/2021) |
| 2021-08-19 | 11 | ORDER granting 10 Motion for Permission for Electronic Case Filing. Plaintiff's Motion for Permission for Electronic Case Filing [ECF No. 10] is GRANTED. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/19/2021) (vfr) (Entered: 08/19/2021) |
| 2021-09-30 | 12 | FIRST AMENDED COMPLAINT, re: amending 2 Complaint against "John Doe", Charles Bishop, Marshall Fields, Robert Hurst, PayPal, Inc., Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control with JURY DEMAND.Document filed by John Bal. Related document: 2 Complaint.(sc) (Entered: 10/01/2021) |
| 2021-10-28 | 13 | LETTER addressed to Judge Mary Kay Vyskocil from J. Bal, dated 10/28/21 re: As I mentioned, I am temporarily in Thailand. From information which was available online, on 9/30/21, I filed a First Amended Complaint etc. To date, I have not received any indication the U.S. Marshal served the Summons & Complaint upon the defendant. If it is proper procedure, I request that the U.S. Marshal serve the Summons & First Amended Complaint and any other required documents upon the defendants. Document filed by John Bal.(sc) (Entered: 10/28/2021) |
| 2022-01-04 | 14 | ORDER OF SERVICE: The Court therefore extends the time to serve until 90 days after the date the summons is issued. If the amended complaint is not served within that time, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff's responsibility to request an extension of time for service); see also Murray v. Pataki, 378 F. App'x 50, 52 (2d Cir. 2010) ("As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshal' failure to effect service automatically constitutes 'good cause' for an extension of time within the meaning of Rule 4(m)."). To allow Plaintiff to effect service on Defendants United States Department of the Treasury Office of Foreign Assets Control, Jason E. Prince, Marshall Fields, and Charles Bishop through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for these defendants. The Clerk of Court is further instructed to (1) mark the box on the USM-285 forms labeled "Check for service on U.S.A."; (2) issue a summons; and (3) deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. To allow Plaintiff to effect service on Defendants Paypal, Inc. and Robert Hurst through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for these defendants. The Clerk of Court is further instructed to (1) issue a summons; and (2) deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 1/3/2022) (tg) Transmission to Pro Se Assistants for processing. (Entered: 01/04/2022) |
| 2022-01-04 | 15 | SUMMONS ISSUED as to Charles Bishop, Marshall Fields, Robert Hurst, PayPal, Inc., Jason E. Prince, U.S. Department of the Treasury. (aan) (Entered: 01/04/2022) |
| 2022-01-04 | | FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/4/2022 Re: Judge Mary Kay Vyskocil 14 Order of Service. The following document(s) were enclosed in the Service Package: First Amended Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Charles Bishop, Marshall Fields, Robert Hurst, PayPal Inc., Jason E. Prince, U.S. Department of the Treasury. (aan) (Entered: 01/04/2022) |
| 2022-03-08 | 16 | MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Charles Bishop served on 2/11/2022, answer due 4/12/2022. Service was accepted by Deion Lee, U.S. Dept. Treasury. Document filed by John Bal. (sc) Modified on 3/9/2022 (sc). Modified on 3/9/2022 (sc). (Entered: 03/09/2022) |
| 2022-03-08 | 17 | MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Jason E. Prince served on 2/26/2022, answer due 4/27/2022. Service was accepted by (Deion Lee at U.S. Dept. Treasury). Document filed by John Bal. (sc) Modified on 3/9/2022 (sc). (Entered: 03/09/2022) |
| 2022-03-08 | 18 | MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Marshall Fields served on 2/16/2022, answer due 4/18/2022. Service was accepted by Deion Lee, Dept. Treasury. Document filed by John Bal. (sc) (Entered: 03/09/2022) |
| 2022-03-08 | 19 | MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. U.S. Dept. of the Treasury's Office of Foreign Assets Control, served on 2/16/2022, answer due 4/18/2022. Service was accepted by Deion Lee, Dept. Treasury. Document filed by John Bal. (sc) (Entered: 03/09/2022) |
| 2022-03-16 | 20 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Robert Hurst. Attempted Service of Summons and Amended Complaint. Service was attempted on 2/9/22. Document filed by John Bal. (sc) (Entered: 03/17/2022) |
| 2022-05-02 | 21 | LETTER addressed to Judge Mary Kay Vyskocil from John Bal, dated 5/2/22 re: " PLAINTIFF REQUESTS A DEFAULT JUDGMENT AGAINST DEFENDANTS BISHOP, FIELDS, PRINCE, & TREASURY"- Bishop, Prince, Fields, and Treasury have neither answered within the required time period nor requested an extension of time to answer. I request that the USMS serve PayPal; and assuming PayPal did not mislead the USMS, I request that the USMS serve Hurst at PayPal Corporate Headquarters, 2211 N. 1st Street, San Jose, CA 95131. Document filed by John Bal.(sc) Modified on 5/3/2022 (sc). (Entered: 05/03/2022) |
| 2022-05-26 | 22 | LETTER addressed to Judge Mary Kay Vyskocil from Alyssa B. O'Gallagher dated May 26, 2022 re: Service of First Amended Complaint. Document filed by U.S. Department of the Treasury..(O'Gallagher, Alyssa) (Entered: 05/26/2022) |
| 2022-06-10 | 23 | LETTER addressed to Judge Mary Kay Vyskocil from John Bal dated June 10, 2022 re: USMS failure and lack of proper service upon defendants. Document filed by John Bal..(Bal, John) (Entered: 06/10/2022) |
| 2022-06-13 | 24 | LETTER addressed to Judge Mary Kay Vyskocil from John Bal, dated 6/13/22 re: Plaintiff's causes of action are the defendants' abuses of authority, unlawful obstruction of the plaintiff's planned trip to Cuba, withholding of the plaintiff's funds, and numerous violations of the Freedom of Information Act etc. Plaintiff respectfully requests that the Court order the USMS to expeditiously serve PayPal and Hurst at PayPal Corporate Headquarters, 2211 N. 1st Street, San Jose, CA 95131. Document filed by John Bal.(sc) (Entered: 06/14/2022) |
| 2022-06-17 | 25 | LETTER addressed to Judge Mary Kay Vyskocil from J. Bal, dated 6/16/22 re: Plaintiff writes to advise the Court that defendants PayPal, Inc. and Robert "Bob" Hurst (PayPal Compliance Officer) were served with the Summons and First Amended Complaint. On 6/16/22, on behalf of PayPal, Inc. and Robert Hurst, CT Corporation Systems accepted service of the Summons and First Amended Complaint(attached) Document filed by John Bal.(sc) (Entered: 06/17/2022) |
| 2022-06-24 | 26 | LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Mary Kay Vyskocil from Alyssa B. O'Gallagher dated June 24, 2022. Document filed by U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 06/24/2022) |
| 2022-06-28 | 27 | LETTER MOTION for Extension of Time to File Answer or otherwise respond to the First Amended Complaint addressed to Judge Mary Kay Vyskocil from Kamali P. Willett dated June 28, 2022. Document filed by PayPal, Inc...(Willett, Kamali) (Entered: 06/28/2022) |
| 2022-06-29 | 28 | LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Kamali P. Willett dated June 29, 2022. Document filed by Robert Hurst..(Willett, Kamali) (Entered: 06/29/2022) |
| 2022-07-06 | 29 | ORDER granting 26 Letter Motion for Extension of Time to Answer re 26 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Mary Kay Vyskocil from Alyssa B. O'Gallagher dated June 24, 2022., 12 Amended Complaint,. Granted. SO ORDERED. Charles Bishop answer due 8/15/2022; Marshall Fields answer due 8/15/2022; Jason E. Prince answer due 8/15/2022; U.S. Dept. of the Treasury's Office of Foreign Assets Control answer due 8/15/2022. (Signed by Judge Mary Kay Vyskocil on 7/6/2022) (tg) (Entered: 07/06/2022) |
| 2022-07-06 | 30 | ORDER granting 28 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/6/2022) (tg) (Entered: 07/06/2022) |
| 2022-07-06 | | Set/Reset Deadlines: Robert Hurst answer due 7/21/2022. (tg) (Entered: 07/06/2022) |
| 2022-07-06 | 31 | ORDER granting 27 Letter Motion for Extension of Time to Answer re 27 LETTER MOTION for Extension of Time to File Answer or otherwise respond to the First Amended Complaint addressed to Judge Mary Kay Vyskocil from Kamali P. Willett dated June 28, 2022., 12 Amended Complaint,. Granted. SO ORDERED. PayPal, Inc. answer due 7/21/2022. (Signed by Judge Mary Kay Vyskocil on 7/6/2022) (tg) (Entered: 07/06/2022) |
| 2022-07-21 | 32 | NOTICE OF APPEARANCE by Kamali Pettiford Willett on behalf of Robert Hurst, PayPal, Inc...(Willett, Kamali) (Entered: 07/21/2022) |
| 2022-07-21 | 33 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PayPal Holdings, Inc. for PayPal, Inc.. Document filed by PayPal, Inc...(Willett, Kamali) (Entered: 07/21/2022) |
| 2022-07-21 | 34 | LETTER MOTION for Conference pursuant to Rule 4(A)(i) of This Court's Individual Practice Rules addressed to Judge Mary Kay Vyskocil from Kamali P. Willett dated July 21, 2022. Document filed by Robert Hurst, PayPal, Inc...(Willett, Kamali) (Entered: 07/21/2022) |
| 2022-07-22 | | NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Mary Kay Vyskocil is no longer assigned to the case. (vba) (Entered: 07/22/2022) |
| 2022-07-22 | 35 | LETTER addressed to Judge Mary Kay Vyskocil from J. Bal, dated 7/20/22 re: Presently before the Court is the plaintiff's Letter Motion(Doc. 21), dated 5/2/22 that seeks a default judgment etc. If permitted, the plaintiff respectfully withdraws this motion. In short, the plaintiff has recently learned that he did not fully comply with the requirements for a Default Judgment. Document filed by John Bal.(sc) (Entered: 07/22/2022) |
| 2022-07-23 | 36 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). General pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). All such motions. Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/22/22) (yv) Modified on 8/9/2022 (yv). (Entered: 07/25/2022) |
| 2022-07-26 | 37 | LETTER addressed to Magistrate Judge Ona T. Wang from J. Bal, dated 7/26/22 re: Plaintiff opposes PayPal's request for a pre-motion conference to dismiss his First Amended Complaint and to strke Robert "Bob" Hurst as a defendant in this action. In short, discovery is essential etc. As you likely know, I need copies of documents in PayPal's possession to defend against a motion to dismiss. Document filed by John Bal.(sc) (Entered: 07/26/2022) |
| 2022-08-03 | 38 | ORDER granting 34 Letter Motion for Conference re: 34 LETTER MOTION for Conference pursuant to Rule 4(A)(i) of This Court's Individual Practice Rules addressed to Judge Mary Kay Vyskocil from Kamali P. Willett dated July 21, 2022. Defendants' request for a pre-motion conference (ECF 34) to discuss their anticipated motions is GRANTED. The parties are directed to appear for an in-person conference on September 15, 2022 at 10:00 am in Courtroom 20D, at 500 Pearl Street, New York, NY 10007. The parties must be prepared to discuss the substantive issues in the case, Defendants anticipated motions, and positions on settlement. Status Conference set for 9/15/2022 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.. (Signed by Magistrate Judge Ona T. Wang on 8/3/2022) (rro) (Entered: 08/03/2022) |
| 2022-08-10 | 39 | LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from John Bal dated 8/10/22. Document filed by John Bal..(Bal, John) (Entered: 08/10/2022) |
| 2022-08-11 | 40 | LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Magistrate Judge Ona T. Wang from Alyssa B. O'Gallagher dated August 11, 2022. Document filed by U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 08/11/2022) |
| 2022-08-15 | 41 | ORDER granting 40 Letter Motion for Extension of Time to Answer or Otherwise Respond to Complaint addressed to Magistrate Judge Ona T. Wang from Alyssa B. O'Gallagher dated August 11, 2022. Application GRANTED. SO ORDERED. 12 Amended Complaint,. Charles Bishop answer due 9/14/2022; Marshall Fields answer due 9/14/2022; Jason E. Prince answer due 9/14/2022; U.S. Dept. of the Treasury's Office of Foreign Assets Control answer due 9/14/2022. (Signed by Magistrate Judge Ona T. Wang on 8/15/2022) (vfr) (Entered: 08/15/2022) |
| 2022-09-08 | 42 | LETTER addressed to Magistrate Judge Ona T. Wang from John Bal, dated 9/9/22 re: I am out of the country and will return on 9/23/22. Presently, a conference is scheduled before the Court on 9/15/22(Doc. 38). In accordance with Your Honor's Individual Practices in Civil Cases, the plaintiff requests that this conference be adjourned to 9/26/22 or 10/4/22. Document filed by John Bal.(sc) (Entered: 09/08/2022) |
| 2022-09-09 | 43 | ORDER granting 39 Letter Motion to Adjourn Conference. Plaintiff filed the same request in ECF 42. The conference scheduled for September 15, 2022 (ECF 38) is adjourned to October 6, 2022 at 10:00am in Courtroom 20D at 500 Pearl Street, New York, NY 10007. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (jhw) (Entered: 09/09/2022) |
| 2022-09-14 | 44 | LETTER MOTION for Extension of Time and Pre-motion Conference on Anticipated Motion to Dismiss addressed to Magistrate Judge Ona T. Wang from Alyssa B. O'Gallagher dated September 14, 2022. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 09/14/2022) |
| 2022-09-15 | 45 | ORDER granting 44 Letter Motion for Extension of Time. Federal Defendants' deadline to file a motion to dismiss is extended from September 14, 2022 to a date to be determined at the upcoming conference on October 6, 2022. (ECF 43). (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (jhw) (Entered: 09/15/2022) |
| 2022-10-04 | 46 | LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from Kamali P. Willett dated October 4, 2022. Document filed by Robert Hurst, PayPal, Inc...(Willett, Kamali) (Entered: 10/04/2022) |
| 2022-10-05 | 47 | ORDER granting 46 Letter Motion to Adjourn Conference. The conference scheduled for October 6, 2022 is adjourned sine die. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (jhw) (Entered: 10/05/2022) |
| 2022-10-05 | 48 | LETTER addressed to Magistrate Judge Ona T. Wang from Alyssa B. O'Gallagher dated October 5, 2022 re: Proposed Briefing Schedule. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 10/05/2022) |
| 2022-11-01 | 49 | ORDER: The Court will hold a telephonic Settlement Status Call on December 7, 2022, at 3:30 p.m. Only parties who have been formally dismissed are excused from attending the telephonic Settlement Status Call. The dial-in information is 866-390-1828, access code 158-2687. Counsel for Defendant United States Department of the Treasury, Office of Foreign Assets Control; Defendants Jason E. Prince and Marshall Fields in their official capacities; and Defendant Charles Bishop in his individual capacity (hereinafter "Federal Defendants"), filed a proposed briefing schedule on their anticipated Motion to Dismiss. (ECF 48). The Federal Defendants' Motion to Dismiss is due December 28, 2022. Plaintiff's opposition is due February 28, 2023. The Federal Defendants' reply is due March 14, 2023. (Motions due by 12/28/2022., Responses due by 2/28/2023, Replies due by 3/14/2023., Telephone Conference set for 12/7/2022 at 03:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 11/1/2022) (rro) (Entered: 11/01/2022) |
| 2022-12-07 | | Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status/Settlement Conference held on 12/7/2022. (Quinn, Diane) (Entered: 01/05/2023) |
| 2022-12-13 | 50 | ***STRICKEN DOCUMENT. Document number 50 has been stricken from the case record. The document was stricken from this case pursuant to 52 Order . NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) John Bal. Document filed by John Bal. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Bal, John) Modified on 12/13/2022 (ate). (Entered: 12/13/2022) |
| 2022-12-13 | 51 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) John Bal. Document filed by John Bal. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Bal, John) (Entered: 12/13/2022) |
| 2022-12-13 | 52 | ORDER: The Clerk of Court is respectfully directed to strike ECF 50 from the docket. Pro se Plaintiff erroneously filed a document containing Plaintiff's personally identifiable information. (Signed by Magistrate Judge Ona T. Wang on 12/13/2022) (ate) (Entered: 12/13/2022) |
| 2022-12-14 | 53 | STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANTS PAYPAL, INC., ROBERT "BOB" HURST, AND "JOHN DOE": It is hereby stipulated and agreed, by and between Plaintiff and Defendants Pay Pal. Inc., Robert "Bob" Hurst, and "John Doe," that pursuant to Federal Rules of Civil Procedure 41(a)(1), Plaintiff hereby dismisses all of his claims solely against these Defendants, with prejudice, and without costs or attorney's fees to any party. Plaintiff and Defendants Paypal, Inc., Robert "Bob" Hurst, and "John Doe" have stipulated to the dismissal of Plaintiff's claims against each of those defendants with prejudice pursuant to F.R.C.P. 41(a)(1). While described as a "Stipulation and Order Regarding Voluntary Dismissal with Prejudice of Defendants Paypal, Inc., Robert Bob' Hurst, and 'John Doe,'" the Court has not ordered any portion of the content of this document. Stipulations of dismissal under F.R.C.P. 41(a)(1) do not require Court order. The Clerk of Court is directed to remove the names of Paypal, Inc., Robert Bob Hurst, and John Doe from the caption of this case. SO ORDERED. (PayPal, Inc., "John Doe" (an Executive or Agent of PayPal) and Robert Hurst ((a/k/a "Bob"), Paypal Compliance Transaction Officer) terminated.) (Signed by Judge Gregory H. Woods on 12/14/22) (yv) (Entered: 12/15/2022) |
| 2022-12-28 | 54 | MOTION to Dismiss . Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 12/28/2022) |
| 2022-12-28 | 55 | MEMORANDUM OF LAW in Support re: 54 MOTION to Dismiss . . Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 12/28/2022) |
| 2022-12-28 | 56 | DECLARATION of Marshall H. Fields, Jr. in Support re: 54 MOTION to Dismiss .. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - DO Request Acknowledgement, # 3 Exhibit C - OFAC Request Acknowledgement, # 4 Exhibit D - Identity Verification, # 5 Exhibit E - Plaintiff Administrative Appeal, # 6 Exhibit F - OFAC Administrative Appeal Response, # 7 Exhibit G - DO Appeal Acknowledgement, # 8 Exhibit H - Denied Plaintiff's Administrative Appeal, # 9 Exhibit I - Final Response Letter, # 10 Exhibit J - Final Response Appeal).(O'Gallagher, Alyssa) (Entered: 12/28/2022) |
| 2022-12-29 | 57 | CERTIFICATE OF SERVICE of Local Civil Rule 12.1 Notice and Unpublished Authorities served on John Bal on December 29, 2022. Service was made by Mail. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 12/29/2022) |
| 2023-02-01 | 58 | ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files /2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/1/2023) (rro) (Entered: 02/02/2023) |
| 2023-02-14 | 59 | PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 02/14/2023) |
| 2023-02-15 | 60 | CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by John Bal, Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ona T. Wang. (Signed by Judge Gregory H. Woods on 2/14/2023).(rro) (Entered: 02/15/2023) |
| 2023-02-28 | 61 | RESPONSE in Opposition to Motion re: 54 MOTION to Dismiss . . Document filed by John Bal..(Bal, John) (Entered: 02/28/2023) |
| 2023-03-10 | 62 | LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Ona T. Wang from Alyssa B. O'Gallagher dated March 10, 2023. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 03/10/2023) |
| 2023-03-13 | 63 | ORDER granting 62 Letter Motion for Extension of Time to File Response/Reply re 62 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Ona T. Wang from Alyssa B. O'Gallagher dated March 10, 2023. The Federal Defendants request for an extension of time to file a reply in further support of their motion to dismiss (ECF 54) is GRANTED. (ECF 62). (See ECF 49). The Federal Defendants reply is now due March 21, 2023. The Clerk of Court is respectfully directed to close ECF 62. SO ORDERED. Replies due by 3/21/2023. (Signed by Magistrate Judge Ona T. Wang on 3/13/2023) (jca) (Entered: 03/13/2023) |
| 2023-03-21 | 64 | REPLY MEMORANDUM OF LAW in Support re: 54 MOTION to Dismiss . . Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 03/21/2023) |
| 2023-03-25 | 65 | CERTIFICATE OF SERVICE of Unpublished Authorities served on John Bal on March 25, 2023. Service was made by Email. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 03/25/2023) |
| 2023-09-30 | 66 | NOTICE OF APPEARANCE by Alyssa O'Gallagher on behalf of Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 09/30/2023) |
| 2023-10-05 | 67 | OPINION & ORDER: re: 54 MOTION to Dismiss filed by Charles Bishop, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control, Marshall Fields. For the foregoing reasons, Defendants' motion to dismiss under Rule 12(b)(6) for failure to state a claim is DENIED as to Claim IV and only to resolve Plaintiff's challenges to the redactions in documents already produced. Defendants' motion to dismiss is GRANTED in all other respects. The parties are directed to meet and confer about Plaintiff's challenges to thewithholdings made by OFAC pursuant to FOIA and submit a joint status letter to the Court on or before November 1, 2023. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff at the address listed on the docket. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/05/2023) (ama) (Entered: 10/05/2023) |
| 2023-11-01 | 68 | STATUS REPORT. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 11/01/2023) |
| 2023-11-06 | 69 | FIRST MOTION for Reconsideration re; 67 Memorandum & Opinion,,, . Document filed by John Bal..(Bal, John) (Entered: 11/06/2023) |
| 2023-11-18 | 70 | FIRST MOTION for Extension of Time Notice of Appeal . Document filed by John Bal..(Bal, John) (Entered: 11/18/2023) |
| 2023-11-20 | 71 | ORDER denying 70 Letter Motion for Extension of Time. ECF 69, Plaintiff's motion for reconsideration, is still pending before the Court. Moreover, the Court's prior decision did not fully close this case. Finally, I may not have the authority or jurisdiction to extend time to appeal. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (Wang, Ona) (Entered: 11/20/2023) |
| 2023-11-20 | 72 | MEMO ENDORSEMENT on re: 68 Status Report filed by Charles Bishop, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control, Marshall Fields ENDORSEMENT Application GRANTED. The parties shall filed their next joint status letter by December 1, 2023. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 11/20/2023) (jca) (Entered: 11/20/2023) |
| 2023-11-20 | 73 | LETTER addressed to Magistrate Judge Ona T. Wang from Alyssa B. O'Gallagher dated November 20, 2023 re: Plaintiff's Motion for Leave to File Motion for Reconsideration. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 11/21/2023) |
| 2023-11-30 | 74 | SECOND LETTER addressed to Magistrate Judge Ona T. Wang from John Bal dated 11-30-23 re: Court's Order ECF 67 at 8. Document filed by John Bal. (Attachments: # 1 Exhibit OFAC FOIA Denial Letter).(Bal, John) (Entered: 11/30/2023) |
| 2023-12-01 | 75 | STATUS REPORT. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 12/01/2023) |
| 2023-12-06 | 76 | MEMO ENDORSEMENT on re: 75 Status Report filed by Charles Bishop, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control, Marshall Fields. Application GRANTED. In the event Plaintiff continues to challenge the redactions made after the Government provides its detailed explanation, the parties are directed submit a proposed joint briefing schedule for cross-motions for summary judgment by January 12, 2024. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/6/2023) (ks) (Entered: 12/06/2023) |
| 2024-01-12 | 77 | LETTER addressed to Magistrate Judge Ona T. Wang from Alyssa B. O'Gallagher dated January 12, 2024 re: Proposed Briefing Schedule. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control..(O'Gallagher, Alyssa) (Entered: 01/12/2024) |
| 2024-01-26 | 78 | LETTER MOTION to Compel OFAC and Fields to Produce Court Ordered "Detailed Explanation" for redaction of records requested by plaintiff pursuant to FOIA addressed to Magistrate Judge Ona T. Wang from John Bal dated 1-26-24. Document filed by John Bal..(Bal, John) (Entered: 01/26/2024) |
| 2024-02-01 | 79 | MOTION for Default Judgment as to defendants Bishop, Prince, and Fields . Document filed by John Bal..(Bal, John) (Entered: 02/01/2024) |
| 2024-03-01 | 80 | LETTER addressed to Magistrate Judge Ona T. Wang from Alyssa B. O'Gallagher dated March 1, 2024 re: Outstanding Issues and Proposed Briefing Schedule. Document filed by Charles Bishop, Marshall Fields, Jason E. Prince, U.S. Dept. of the Treasury's Office of Foreign Assets Control. (Attachments: # 1 Exhibit A).(O'Gallagher, Alyssa) (Entered: 03/02/2024) |
| 2024-03-12 | 81 | LETTER addressed to Magistrate Judge Ona T. Wang from John Bal dated March 12, 2024 re: Plaintiff's Response to Defendants' Letter of March 1, 2024 (ECF 80). Document filed by John Bal..(Bal, John) (Entered: 03/12/2024) |
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