Porter v. City of New York et al
Federal Civil Lawsuit New York Eastern District Court, Case No. 1:03-cv-06463
District Judge Eric N. Vitaliano, presiding

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No Logo Howard Porter, Plaintiff

Toggle Switch Represented by Howard Porter

Name Phone Fax E-Mail
Space Howard Porter
v.
No Logo Administration For Children's Services, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kimberly Dorothy Conway +1 212 788 0865 +1 212 788 0877 kconway@law.nyc.gov

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Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thaddeus Jeremiah Hackworth +1 212 788 0874
No Logo Antilla Caldwell, Defendant

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Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kimberly Dorothy Conway +1 212 788 0865 +1 212 788 0877 kconway@law.nyc.gov

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thaddeus Jeremiah Hackworth +1 212 788 0874
City of New York City of New York, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kimberly Dorothy Conway +1 212 788 0865 +1 212 788 0877 kconway@law.nyc.gov

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thaddeus Jeremiah Hackworth +1 212 788 0874
No Logo Dana Weber, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kimberly Dorothy Conway +1 212 788 0865 +1 212 788 0877 kconway@law.nyc.gov

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thaddeus Jeremiah Hackworth +1 212 788 0874
No Logo Debra Boyle, Defendant
No Logo Jacqueline Fuentes, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kimberly Dorothy Conway +1 212 788 0865 +1 212 788 0877 kconway@law.nyc.gov

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Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thaddeus Jeremiah Hackworth +1 212 788 0874
No Logo John (Jane) Doe, Defendant
No Logo John Papajik, Defendant
No Logo Maria Briggs, Defendant
No Logo Mario Acunzo, Defendant
Bloomberg, Michael Rubens Bloomberg, Michael Rubens, Defendant
Officially listed as "Michael Bloomberg"

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kimberly Dorothy Conway +1 212 788 0865 +1 212 788 0877 kconway@law.nyc.gov

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thaddeus Jeremiah Hackworth +1 212 788 0874
No Logo Roseann Ashby, Defendant
No Logo State of New York, Defendant
No Logo Terrence McElrath, Defendant
No Logo William Bell, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kimberly Dorothy Conway +1 212 788 0865 +1 212 788 0877 kconway@law.nyc.gov

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thaddeus Jeremiah Hackworth +1 212 788 0874
Citation Section 42 U.S.C. § 1983
Nature of Suit 440 - Civil Rights: Other
  Entries (91) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 91 Filed: 7/6/2010, Entered: None
MANDATE of USCA as to 90 Notice of Appeal filed by Howard Porter. The judgment of the district Court is Affirmed(See document for further details). Issued as mandate on 7/6/10. (Gonzalez, Mary) (Entered: 07/06/2010)
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    Legal Document (Payment Possibly Required) 90 Filed: 10/28/2008, Entered: None
    NOTICE OF APPEAL as to 89 Order on Motion for More Definite Statement by Howard Porter. No Fee Paid. IFP revoked for purposes of an appeal. NOA served ECF. (Gonzalez, Mary) (Entered: 11/04/2008)
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      Legal Document (Payment Possibly Required) 89 Filed: 9/30/2008, Entered: None Court Filing
      ORDER, denying Porter's 87 Motion for Reconsideration. (Ordered by Judge Eric N. Vitaliano on 9/29/08) c/m (Galeano, Sonia) (Entered: 09/30/2008)
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        Legal Document (Payment Possibly Required) 88 Filed: 3/19/2008, Entered: None
        Letter dated 3/19/08 from Howard Porter to USDJ Vitaliano, requesting that a ruling be rendered re: petitioner's motion to renew reconsideration to reset the time to appeal, based on new facts and service upon defts. (Fwd. to USDJ Vitaliano) (Galeano, Sonia) (Entered: 03/24/2008)
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          Legal Document (Payment Possibly Required) 87 Filed: 1/18/2008, Entered: None Court Filing
          MOTION for renewal for reconsideration based on new information to reset time to appeal, filed by Howard Porter. (Galeano, Sonia) Forwarded to Judge Vitaliano. (Entered: 01/23/2008)
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            Legal Document (Payment Possibly Required) 86 Filed: 11/5/2007, Entered: None Court Filing
            MEMORANDUM AND ORDER, for the foregoing reasons, pltff's principal motion for relief from the judgment of this Court entered on 6/19/07 dismissing this action pursuant to FRCP 56(c) is denied. He fares no better on his motion in the alternative. A district court may extend the time to file a notice of appeal if a party "shows excusable neglect or good cause." Consistent with the docket, Porter makes no claim-much less a showing-that the judgment entered against him was not timely sent to his correct address. Nor has he made any showing that would cause, on any other ground, his failure to take an appeal in compliance with the ordinary rule. Accordingly, the Court declines to extend his time to appeal. The Court also certifies, pursuant to 28 USC sec. 1915(a)(3) that an appeal from this Memorandum and Order would not be taken in good faith. (Ordered by Judge Eric N. Vitaliano on 10/31/07) c/m (Galeano, Sonia) (Entered: 11/05/2007)
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              Legal Document (Payment Possibly Required) 85 Filed: 10/4/2007, Entered: None
              MOTION for Reconsideration and/or pursuant to Federal Rules of Appellate Procedure 4 to reset time to appeal as pltff was not given notice of dismissal of the action, filed by Howard Porter. (Galeano, Sonia) Fwd. to USDJ Vitaliano. (Entered: 10/09/2007)
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                Legal Document (Payment Possibly Required) 84 Filed: 8/23/2007, Entered: None
                NOTICE of Change of address by Howard Porter. (Docket Sheet Updated) (Galeano, Sonia) (Entered: 08/28/2007)
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                  Legal Document (Payment Possibly Required) 83 Filed: 8/2/2007, Entered: None
                  Letter dated 7/29/07 from Howard Porter to USDJ Vitaliano, informing Your Honor that petitioner's sentence will be ending on 3/31/07 and is forwarding all of his legal materials back to NY, where petitioner will be on or about 9/1/07. Petitioner seeks a hearing pertaining to his motion for declaratory or summary judgment. (Document returned to USDJ Vitaliano) (Galeano, Sonia) (Entered: 08/06/2007)
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                    Legal Document (Payment Possibly Required) 82 Filed: 6/19/2007, Entered: None Court Filing
                    CIVIL JUDGMENT: It is Ordered, Adjudged and Decreed that the action is hereby dismissed. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal would not be taken in good faith. Ordered by Judge Eric N. Vitaliano on 6/14/2007. (Abdallah, Fida) (Entered: 06/19/2007)
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                      Legal Document (Payment Possibly Required) 81 Filed: 6/19/2007, Entered: None Court Filing
                      MEMORANDUM AND ORDER: For the foregoing reasons, Dfts' motion for summary judgment is granted and this action is dismissed. The Clerk of the Court is directed to close this case. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this Memorandum and Order would not be taken in good faith. Ordered by Judge Eric N. Vitaliano on 6/14/2007. (Abdallah, Fida) (Entered: 06/19/2007)
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                        Legal Document (Payment Possibly Required) 80 Filed: 5/21/2007, Entered: None
                        REPLY to Response to Motion re 76 MOTION for Summary Judgment for Partial Summary Judgment and Amendment of Complaint, filed, 66 MOTION for Summary Judgment, 65 Notice of MOTION for Summary Judgment filed by William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Antilla Caldwell, Dana Weber, City of New York. (Conway, Kimberly) (Entered: 05/21/2007)
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                          Legal Document (Payment Possibly Required) 79 Filed: 5/2/2007, Entered: None Court Filing
                          ORDER GRANTED for the City defendants to be permitted to submit a reply memorandum of law no later than 5-11-07. Ordered by Judge Eric N. Vitaliano on 5/1/07. (Sica, Michele) (Entered: 05/02/2007)
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                            Legal Document (Payment Possibly Required) 78 Filed: 4/13/2007, Entered: None
                            EXHIBITS FOR MEMORANDUM OF LAW IN RESPONSE to Summary Judgment and in Support of Motion for Partial Summary Judgment and Amendment of Complaint, filed by Howard Porter. (Fwd. to USDJ Vitaliano) (Galeano, Sonia) (Entered: 04/18/2007)
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                              Legal Document (Payment Possibly Required) 77 Filed: 4/13/2007, Entered: None
                              MEMORANDUM OF LAW IN RESPONSE to 66 MOTION for Summary Judgment and in Support of Motion for Partial Summary Judgment and Amendment of Complaint, filed by Howard Porter. (Fwd. to USDJ Vitaliano) (Galeano, Sonia) (Entered: 04/18/2007)
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                                Legal Document (Payment Possibly Required) 76 Filed: 4/13/2007, Entered: None
                                MOTION for Partial Summary Judgment and Amendment of Complaint, filed by Howard Porter. (Attachments: # 1 Third Amended Complaint) (Galeano, Sonia) Fwd. to USDJ Vitaliano. (Entered: 04/18/2007)
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                                  Legal Document (Payment Possibly Required) 75 Filed: 3/26/2007, Entered: None
                                  Letter MOTION for Extension of Time to File Response/Reply filed by Howard Porter. (Galeano, Sonia) Fwd. to USMJ Bloom. (Entered: 03/28/2007)
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                                    Legal Document (Payment Possibly Required) 74 Filed: 3/8/2007, Entered: None Court Filing
                                    SCHEDULING ORDER granting the 73 Motion for Extension of Time to file Response to Defendants' Summary Judgment Motion. Response due by 4/16/2007. Ordered by Judge Eric N. Vitaliano, on 3/7/2007. Copies mailed. (Barrett, C) (Entered: 03/08/2007)
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                                      Legal Document (Payment Possibly Required) 73 Filed: 3/5/2007, Entered: None
                                      MOTION for Extension of Time to File Response/Reply filed by Howard Porter. (Galeano, Sonia) Fwd. to USMJ Bloom. (Entered: 03/06/2007)
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                                        Legal Document (Payment Possibly Required) 72 Filed: 2/13/2007, Entered: None
                                        Mail Returned as Undeliverable, "RTS-Refused; Unable to Forward." Document #68 previously sent to Howard Porter. (Galeano, Sonia) (Entered: 02/15/2007)
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                                          Legal Document (Payment Possibly Required) 71 Filed: 2/7/2007, Entered: None
                                          Letter dated 2/5/07 from Howard Porter to USMJ Bloom, re: deft's summary judgment, pltff's reconsideration, informing that pltff has been transferred to FDC-Miami and requesting a 30 day extension of time to file his response or summary judgment. (Docket Sheet Updated) Fwd. to USMJ Bloom. (Galeano, Sonia) (Entered: 02/09/2007)
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                                            Legal Document (Payment Possibly Required) 70 Filed: 2/7/2007, Entered: None
                                            NOTICE of Change of address filed by Howard Porter. (Docket Sheet Updated) (Galeano, Sonia) (Entered: 02/09/2007)
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                                              Legal Document (Payment Possibly Required) 69 Filed: 2/7/2007, Entered: None
                                              AFFIDAVIT in Support re 66 MOTION for Summary Judgment, 65 Notice of MOTION for Summary Judgment filed by William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Antilla Caldwell, Dana Weber, City of New York. (Attachments: # 1 Declaration of Kimberly Conway# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit) (Conway, Kimberly) (Entered: 02/07/2007)
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                                                Legal Document (Payment Possibly Required) 68 Filed: 2/6/2007, Entered: None Court Filing
                                                ORDER, the Court accepts the apology of defense counsel for what appears to be a non-willful violation of the Court's Order of 1/22/07 and will exercise its discretion in allowing the late filing of a summary judgment motion. Defts shall serve and file their summary judgment motion on pltff by 2/7/07. Pltff shall respond by serving and filing any reply by 3/7/07. The bundling rule set in the Court's individual motion practices is waived for this motion. (Ordered by Judge Eric N. Vitaliano on 2/5/07) c/m (Galeano, Sonia) (Entered: 02/06/2007)
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                                                  Legal Document (Payment Possibly Required) 67 Filed: 2/5/2007, Entered: None
                                                  RULE 56.1 STATEMENT re 66 MOTION for Summary Judgment, 65 Notice of MOTION for Summary Judgment by William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Antilla Caldwell, Dana Weber, City of New York. (Conway, Kimberly) (Entered: 02/05/2007)
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                                                    Legal Document (Payment Possibly Required) 66 Filed: 2/5/2007, Entered: None
                                                    MOTION for Summary Judgment by William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Antilla Caldwell, Dana Weber, City of New York.Responses due by 2/28/2007 (Conway, Kimberly) (Entered: 02/05/2007)
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                                                      Legal Document (Payment Possibly Required) 65 Filed: 2/5/2007, Entered: None
                                                      Notice of MOTION for Summary Judgment by William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Antilla Caldwell, Dana Weber, City of New York.Responses due by 2/28/2007 (Conway, Kimberly) (Entered: 02/05/2007)
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                                                        Legal Document (Payment Possibly Required) 64 Filed: 1/22/2007, Entered: None
                                                        Letter MOTION for Extension of Time to File a summary judgment motion concerning plaintiffs' Second Amended Complaint from 1/26/2007-2/5/2007 by City Defendants. (Barrett, C) (Entered: 01/22/2007)
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                                                          Legal Document (Payment Possibly Required) 63 Filed: 1/10/2007, Entered: None Court Filing
                                                          Mail Returned as Undeliverable. Endorsed on of Judge Vitaliano dated 12/15/06 returned (Doc. # 61) Mail sent to Howard Porter 69704 -053 MDC Brooklyn P.O. Box 329002 Brooklyn, NY. POSTAL NOTATION: RTS: Refused unable to forward. ( Forwarded to Judge Vitaliano's chambers) (Permaul, Jenny) (Entered: 01/10/2007)
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                                                            Legal Document (Payment Possibly Required) 62 Filed: 12/13/2006, Entered: None
                                                            NOTICE of Change of address, informing the Court that pltff prefers to have his legal correspondence sent to his home address, filed by Howard Porter. (Please Note: Pltff's Home Address has been noted on the docket previously and remains the same) (Galeano, Sonia) (Entered: 12/18/2006)
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                                                              Legal Document (Payment Possibly Required) 61 Filed: 12/18/2006, Entered: None Court Filing
                                                              ORDER, application granted. No further extensions will be granted to defts. (Ordered by Judge Eric N. Vitaliano on 12/15/06) c/m (Galeano, Sonia) (Entered: 12/18/2006)
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                                                                Legal Document (Payment Possibly Required) 60 Filed: 12/4/2006, Entered: None Court Filing
                                                                ORDER, denying 59 Motion for Reconsideration. (Ordered by JudgeEric N. Vitaliano on 11/29/06) c/m (Galeano, Sonia) (Entered: 12/04/2006)
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                                                                  Legal Document (Payment Possibly Required) 59 Filed: 11/21/2006, Entered: None
                                                                  MOTION for Reconsideration for Leave to file Third Amended Complaint giving conclusion of law and point of fact, filed by Howard Porter. (Galeano, Sonia) (Fwd. to USDJ Vitaliano) (Entered: 11/22/2006)
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                                                                    Legal Document (Payment Possibly Required) 58 Filed: 11/16/2006, Entered: None Court Filing
                                                                    ORDER Application GRANTED. On ltr. dtd. 11/9/06 from Kimbererly Conway extension of time to file summary judgment motion to 12/15/06. . Ordered by Judge Eric N. Vitaliano on 11/13/06. (Jackson, Ramona) (Entered: 11/16/2006)
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                                                                      Legal Document (Payment Possibly Required) 57 Filed: 10/16/2006, Entered: None Court Filing
                                                                      ORDER, After a careful review of all the evidence in the record, this Court finds that Magistrate Judge Bloom's report and recommendation to be correct, comprehensive, well-reasoned, and free of error. The Court, therefore, adopts the 54 Report and Recommendations in its entirety as the opinion of the Court. Accordingly, for the reasons stated in that opinion, pltff's request to file a third amended complaint is denied. Consistent with Magistrate Judge Bloom's Report and Recommnedation, defts are given 30 days from the date of this Order to file their motion for summary judgment. Pltff is free to seek retained counsel but to the extent he seeks an extension of time for such purposes, his request is denied. (Ordered by Judge Eric N. Vitaliano on 10/12/06) c/m (Galeano, Sonia) (Entered: 10/16/2006)
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                                                                        Legal Document (Payment Possibly Required) 56 Filed: 10/5/2006, Entered: None
                                                                        OBJECTION to 54 Report and Recommendations by Howard Porter. Fwd. to USMJ Bloom. (Galeano, Sonia) (Entered: 10/10/2006)
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                                                                          Legal Document (Payment Possibly Required) 55 Filed: 10/5/2006, Entered: None
                                                                          Letter undated 9/30/06 from Howard Porter to USDJ Vitaliano, seeking to have petitioner's legal correspondence forwarded to his home address, requesting to be allowed time to locate an attorney for his son and expressing petitioner's hope that this Court will issue a judgment favorable to his Third Amended Complaint. (Fwd. to USDJ Vitaliano) Petitioner's Address Updated. (Galeano, Sonia) (Entered: 10/10/2006)
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                                                                            Legal Document (Payment Possibly Required) 54 Filed: 9/22/2006, Entered: None Court Filing
                                                                            REPORT AND RECOMMENDATIONS, Pltff has previously been afforded two chances to amend his complaint, and the amendment pltff proposes would be a futility. Accordingly, pltff's request to file a third amended complaint should be denied. Defts should file their motion for summary judgment w/in 30 days if the Court adopts this Report and Recommendation. Objections to R&R due by 10/6/2006. (Ordered by Judge Lois Bloom on 9/21/06). (Galeano, Sonia) (Entered: 09/22/2006)
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                                                                              Legal Document (Payment Possibly Required) 53 Filed: 9/20/2006, Entered: None
                                                                              NOTICE of Appearance by Kimberly Conway on behalf of William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Antilla Caldwell, City of New York (Conway, Kimberly) (Entered: 09/20/2006)
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                                                                                Legal Document (Payment Possibly Required) 52 Filed: 5/15/2006, Entered: None
                                                                                Letterdated 5/8/06 from Howard Porter to USMJ Bloom, requesting an indefinite adjournment of the scheduling order until the outstanding proposed "Third Amended Complaint" filed on 3/1/06, is ruled upon. (Fwd. to USMJ Bloom) (Galeano, Sonia) (Entered: 05/23/2006)
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                                                                                  Legal Document (Payment Possibly Required) 51 Filed: 5/12/2006, Entered: None
                                                                                  MOTION to Stay Briefing Schedule for Motion for Summary Judgment by William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Antilla Caldwell, Dana Weber, City of New York. (Hackworth, Thaddeus) (Entered: 05/12/2006)
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                                                                                    Legal Document (Payment Possibly Required) 50 Filed: 5/11/2006, Entered: None
                                                                                    RESPONSE in Opposition re 43 MOTION for Leave to File Third Amended Complaint, filed filed by William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Roseann Ashby, Antilla Caldwell, Dana Weber, City of New York. (Attachments: # 1 Text of Proposed Order Protective Order)(Hackworth, Thaddeus) (Entered: 05/11/2006)
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                                                                                      Legal Document (Payment Possibly Required) 49 Filed: 4/10/2006, Entered: None
                                                                                      MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Antilla Caldwell, Dana Weber, City of New York. (Attachments: # 1 Text of Proposed Order Proposed Revised Scheduling Order)(Hackworth, Thaddeus) (Entered: 04/10/2006)
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                                                                                        Legal Document (Payment Possibly Required) 48 Filed: 3/23/2006, Entered: None
                                                                                        Letter Opposing Leave to File Third Amended Complaint by William Bell, Administration for Children's Services, Jacqueline Fuentes, Antilla Caldwell, Dana Weber, City of New York. (Hackworth, Thaddeus) (Entered: 03/23/2006)
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                                                                                          Legal Document (Payment Possibly Required) 47 Filed: 3/13/2006, Entered: None
                                                                                          Letter dated 3/9/06 from Howard Porter to USMJ Bloom, in response to the City of NY's letter dated 3/7/06, seeking to have the Court permit pltff's amended complaint and to extenbd the discovery and deadlines accordingly. (Fwd. to USMJ Bloom) (Galeano, Sonia) (Entered: 03/21/2006)
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                                                                                            Legal Document (Payment Possibly Required) 46 Filed: 3/8/2006, Entered: None Court Filing
                                                                                            REVISED SCHEDULING ORDER, the discovery schedule and briefing schedule for deft's motion for summary judgment is hereby amended as follows: defts shall serve their motion for summary judgment by 4/14/06. Pltff shall serve his opposition to defts' motion for summary judgment by 5/15/06. Deft shall serve its reply and file the fully submitted motion by 5/29/06. (Ordered by Judge Lois Bloom on 3/6/06) c/m (Galeano, Sonia) (Entered: 03/08/2006)
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                                                                                              Legal Document (Payment Possibly Required) 45 Filed: 3/8/2006, Entered: None Court Filing
                                                                                              ORDER, the application is granted. (Ordered by Judge Lois Bloom on 03/06/06) c/m (Galeano, Sonia) (Entered: 03/08/2006)
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                                                                                                Legal Document (Payment Possibly Required) 44 Filed: 3/7/2006, Entered: None
                                                                                                THIRD AMENDED COMPLAINT (w/ Jury Trial Demand) against William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Roseann Ashby, Debra Boyle, Maria Briggs, Antilla Caldwell, Dana Weber, Terrence McElrath, John (Jane) Doe, City of New York, filed by Howard Porter.(Galeano, Sonia) (Entered: 03/07/2006)
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                                                                                                  Legal Document (Payment Possibly Required) 43 Filed: 3/7/2006, Entered: None
                                                                                                  MOTION for Leave to File Third Amended Complaint, filed by Howard Porter. (Galeano, Sonia) (Entered: 03/07/2006)
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                                                                                                    Legal Document (Payment Possibly Required) 42 Filed: 3/7/2006, Entered: None
                                                                                                    Letter dated 2/15/06 from Howard Porter to USDJ Townes, re: pltff's Third Amended Complaint, renaming of several defts and informing the Court that the Law Firm of Lansner & Kubitschek, is considering filing an appearance on behalf of R.B. in this case. (Galeano, Sonia) (Entered: 03/07/2006)
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                                                                                                      Legal Document (Payment Possibly Required) 41 Filed: 3/7/2006, Entered: None
                                                                                                      Letter ated 1/23/06 from Stacy E. Charland to Howard Porter, re: legal representation of Howard Porter's son. (Galeano, Sonia) (Entered: 03/07/2006)
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                                                                                                        Legal Document (Payment Possibly Required) 40 Filed: 12/15/2005, Entered: None Court Filing
                                                                                                        Letter dated 12/8/2005 from pro se Howard Porter to Judge Bloom, informing that petitioner consents to the Corporation Counsel Thaddeus Hackworth's request for an extension of time and revising of the scheduling order, requesting that "this letter be treated as a Motion to partially withdraw [petitioner's] request for the transcript." etc. *Fwd. to Judge Bloom. (Latka-Mucha, Wieslawa) (Entered: 12/21/2005)
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                                                                                                          Legal Document (Payment Possibly Required) 39 Filed: 12/12/2005, Entered: None Court Filing
                                                                                                          REVISED SCHEDULING ORDER, all pretrial discovery shall be completed by 2/13/06. Defts shall serve their motion for summary judgment by 3/15/06. Pltff shall serve his opposition to defts' motion for summary judgment by 4/14/06. Deft shall serve its reply and file the fully submitted motion by 4/28/06. (Ordered by Judge Lois Bloom on 12/07/05) c/m (Galeano, Sonia) (Entered: 12/12/2005)
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                                                                                                            Legal Document (Payment Possibly Required) 38 Filed: 12/6/2005, Entered: None Court Filing
                                                                                                            ORDER, pltff's requests are denied. The grant of an in forma pauperis by the Court only waives the filing fee to commence an action; this status does not excuse pltff from the other costs of ltitgation. The Court's 10/19/05 scheduling order remains in effect. Discovery in this matter shall be completed by 12/13/05. (Ordered by Judge Lois Bloom on 12/02/05) c/m (Galeano, Sonia) (Entered: 12/06/2005)
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                                                                                                              Legal Document (Payment Possibly Required) 37 Filed: 11/21/2005, Entered: None
                                                                                                              Letter dated 11/13/05 from Howard Porter to USMJ Bloom, inquiring on the status of petitioner's pending motion to obtain transcripts from Family Court and requesting that petitioner's freedom of information be construed as a request pursuant to FRCP 26(b)(3). (Fwd. to USMJ Bloom) (Galeano, Sonia) (Entered: 12/05/2005)
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                                                                                                                Legal Document (Payment Possibly Required) 36 Filed: 11/7/2005, Entered: None
                                                                                                                ANSWER to Amended Complaint by Dana Weber. (Attachments: # 1 Certificate of Service)(Hackworth, Thaddeus) (Entered: 11/07/2005)
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                                                                                                                  Legal Document (Payment Possibly Required) 35 Filed: 10/17/2005, Entered: None
                                                                                                                  Letter daed 10/14/05 from Howard Porter to USMJ Bloom, informing Your Honor that petitioner consents to the defts extension of time and requesting an additional extension of 30 days to comply with discovery. (Fwd. to USMJ Bloom) (Galeano, Sonia) (Entered: 10/24/2005)
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                                                                                                                    Legal Document (Payment Possibly Required) 34 Filed: 10/17/2005, Entered: None
                                                                                                                    MOTION for Transcripts, to Compel Freedom of Information Request and Extension of Time for Discovery, filed by Howard Porter. (Galeano, Sonia) Fwd. to USMJ Bloom. (Entered: 10/24/2005)
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                                                                                                                      Legal Document (Payment Possibly Required) 33 Filed: 10/21/2005, Entered: None
                                                                                                                      Second AMENDED SUMMONS Returned Executed on behalf of Howard Porter. Dana Weber served on 10/18/2005, answer due 11/7/2005. (Latka-Mucha, Wieslawa) (Entered: 10/21/2005)
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                                                                                                                        Legal Document (Payment Possibly Required) 32 Filed: 10/21/2005, Entered: None
                                                                                                                        Letter dated 10/14/05 from Thaddeus Hackworth to USMJ Bloom, in response to Mr. Porter's letter dated 9/26/05 and requesting that the discovery deadline be extended from 10/14/05 until 12/13/05. (Galeano, Sonia) (Entered: 10/21/2005)
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                                                                                                                          Legal Document (Payment Possibly Required) 31 Filed: 10/19/2005, Entered: None Court Filing
                                                                                                                          REVISED SCHEDULING ORDER, discovery schedule and briefing schedule for deft's motion for summary judgment is hereby amended as follows: all preptrial discovery to be completed by 12/13/05. Defts shall serve their motion for summary judgment by 1/16/06. Pltff shall serve his opposition to deft's motion for summary judgment by 2/15/06. Deft shall serve its reply and fule the fully submitted motion by 3/1/06. (Ordered by Judge Lois Bloom on 10/19/05) c/m (Galeano, Sonia) (Entered: 10/19/2005)
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                                                                                                                            Legal Document (Payment Possibly Required) 30 Filed: 10/12/2005, Entered: None Court Filing
                                                                                                                            Letter from Howard Porter to Judge Bloom dtd. 9/26/05 Regarding request for transcript by mail.. (Jackson, Ramona) (Entered: 10/12/2005)
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                                                                                                                              Legal Document (Payment Possibly Required) 29 Filed: 8/15/2005, Entered: None
                                                                                                                              RESPONSE TO DEFENSE filed by Howard Porter. (Fwd. to USDJ Bloom) (Galeano, Sonia) (Entered: 08/22/2005)
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                                                                                                                                Legal Document (Payment Possibly Required) 28 Filed: 4/15/2005, Entered: None
                                                                                                                                SECOND AMENDED COMPLAINT w/ Jury Trial Demand against The State of NY, William Bell, Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Antilla Caldwell, Dana Weber, Terrence McElrath, John (Jane) Doe, City of New York, and John Papijak filed by Howard Porter.(Galeano, Sonia) (Entered: 08/22/2005)
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                                                                                                                                  Legal Document (Payment Possibly Required) 27 Filed: 8/22/2005, Entered: None Court Filing
                                                                                                                                  ORDER, the Court set 10/14/05 as the deadline for the completion of all discovery. The Court granted defts' request to move for summary judgment and set the following schedule: defts shall serve their motion for summary judgment on pltff by 11/15/05; pltff shall serve his opposition to the motion on defts by 12/15/05; and defts shall serve their reply on pltff and file the fully briefed motion with the Court by 1/4/06. Pltff's Second Amended Complaint is hereby deemed amended to name "Dana Weber" as a deft rather than "Dana Wells." The Clerk shall reflect this amendment on the docket and in this caption. Pltff's request to have the USMS serve the summons and complaint upon deft Weber and request for an extension of time to effect service is granted. The United States Marshal Sercvice is hereby directed to serve the amended summons and Second Amended Complaint, together with a copy of this order, upon this deft at the address listed herein. Deft's request for permision to depose pltff pursuant to FRCP 30(a)(2) is granted. The Court also grants deft's request to conduct pltff's deposition by telephone pursuant to FRCP 30(b)(7). (Ordered by Judge Lois Bloom on 8/12/05) c/m (Galeano, Sonia) (Entered: 08/22/2005)
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                                                                                                                                    Legal Document (Payment Possibly Required) 26 Filed: 8/10/2005, Entered: None Court Filing
                                                                                                                                    Minute Entry for proceedings held before Judge Lois Bloom: Initial Conference held on 8/10/2005. Recorded. Tape # 05/137; Tick #(s) 0-1581. Appearances for Plaintiff: Howard Porter, pro se; for Defendants: Thaddeus Hackworth, Assistant Corporation Counsel. (Latka-Mucha, Wieslawa) (Entered: 08/18/2005)
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                                                                                                                                      Legal Document (Payment Possibly Required) 25 Filed: 8/8/2005, Entered: None
                                                                                                                                      "REVIEW OF MAGISTRATE ORDER" filed by Howard Porter. (Fwd. to USMJ Bloom) (Galeano, Sonia) (Entered: 08/10/2005)
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                                                                                                                                        Legal Document (Payment Possibly Required) 24 Filed: 8/2/2005, Entered: None Court Filing
                                                                                                                                        ORDER, the initial conference in this matter, originally scheduled for 8/11/05 at 10:30 a.m., shall be held by telephone on 8/10/05 at 11:00 a.m. The Asst. Corp. Counsel is requested to initiate the conference call, and once pltff is on the line, to contact the Court at (718) 260-4595. (Ordered by Judge Lois Bloom on 7/29/05) c/m (Galeano, Sonia) (Entered: 08/02/2005)
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                                                                                                                                          Legal Document (Payment Possibly Required) 23 Filed: 7/18/2005, Entered: None
                                                                                                                                          Letter dated 7/11/05 from Howard Porter to USMJ Bloom, re: "the amending of the Third Complaint by submitting correct name for deft Dana Weber, that the answer may still be accepted for expediency purposes and requesting a 30 day extension and directtion from the Court as to the service of Dana Weber via the US Marshal Service." (Fwd. to USMJ Bloom) (Galeano, Sonia) (Entered: 08/01/2005)
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                                                                                                                                            Legal Document (Payment Possibly Required) 22 Filed: 7/14/2005, Entered: None Court Filing
                                                                                                                                            ORDER, scheduling an initial conference for 8/11/05 at 10:30 a.m., before the undersigned, in Room #373. (Ordered by Judge Lois Bloom on 7/12/05) c/m (Galeano, Sonia) (Entered: 07/14/2005)
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                                                                                                                                              Legal Document (Payment Possibly Required) 21 Filed: 6/23/2005, Entered: None
                                                                                                                                              ANSWER to Complaint (Second Amended) by Administration for Children's Services, Michael Bloomberg, Jacqueline Fuentes, Antilla Caldwell, City of New York. (Attachments: # 1 Certificate of Service)(Hackworth, Thaddeus) (Entered: 06/23/2005)
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                                                                                                                                                Legal Document (Payment Possibly Required) 20 Filed: 6/7/2005, Entered: None
                                                                                                                                                SUMMONS Returned Executed by Howard Porter. William Bell served on 5/2/2005, answer due 5/23/2005; Administration for Children's Services served on 5/2/2005, answer due 5/23/2005; Antilla Caldwell served on 5/2/2005, answer due 5/23/2005; Dana Wells served on 5/2/2005, answer due 5/23/2005. (Galeano, Sonia) (Entered: 06/07/2005)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 19 Filed: 6/7/2005, Entered: None
                                                                                                                                                  SUMMONS Returned Executed by Howard Porter. Michael Bloomberg served on 4/28/2005, answer due 5/18/2005. (Galeano, Sonia) (Entered: 06/07/2005)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 18 Filed: 5/26/2005, Entered: None
                                                                                                                                                    Letter dtd. 5/2/05 from ACC T. Hackworth to MJ Bloom, informing the Court that the City defts consent to pltff's application for leave to amend his complaint, and further requesting City defts' time to respond to pltff's amend. complaint be extended to thirty days after the entry of the decision on pltff's mt. to amend complaint. (Layne, Monique) (Entered: 05/26/2005)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 17 Filed: 5/26/2005, Entered: None Court Filing
                                                                                                                                                      ORDER, since defts have not yet answered, pltff does not need the Court's permission to file a second amended complaint. Accordingly, pltff's Second Amended Complaint is deemed filed. Defts' request for 30 days to move or answer the Second Amended Complaint is granted. Deft shall move or answer by 6/23/05. Pltff's Second Amended Complaint alleges no new claims on R.B.'s behalf that are "likely to be of substance." Accordingly, pltff's request for pro bono counsel for his son is denied for the same reasons set forth by Judge Johnson in his Order dated 8/11/04. (Ordered by Judge Lois Bloom on 5/24/05) c/m (Galeano, Sonia) (Entered: 05/26/2005)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 16 Filed: 5/9/2005, Entered: None
                                                                                                                                                        SUMMONS Returned Executed by Howard Porter. Jacqueline Fuentes served on 3/15/2005, answer due 4/4/2005. (Galeano, Sonia) (Entered: 05/09/2005)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 15 Filed: 4/15/2005, Entered: None
                                                                                                                                                          MOTION for Leave to File Second Amended Complaint filed by Howard Porter. (w/Memorandum in Support and Second Amended Complaint attached) Fwd. to USMJ Bloom. (Galeano, Sonia) (Entered: 04/22/2005)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 14 Filed: 4/15/2005, Entered: None
                                                                                                                                                            MOTION to Appoint Counsel or Reconsideration filed by Howard Porter. (Galeano, Sonia) Fwd. to USMJ Bloom. (Entered: 04/22/2005)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 13 Filed: 3/25/2005, Entered: None
                                                                                                                                                              Letter dated 3/23/05 from Howard Porter to USDJ Townes and Defts, consenting to Corp. Counsel's extension of time and seeking that the Court issue a scheduling order setting a time for discovery should be exchanged or a deadline as to when all discovery should be turned over. (Fwd. to USDJ Townes) Please Note: pltff's address has been updated as per this submission. (Galeano, Sonia) (Entered: 03/30/2005)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 12 Filed: 3/22/2005, Entered: None
                                                                                                                                                                SUMMONS Returned Executed by Howard Porter. City of New York served on 3/7/2005, answer due 3/28/2005. (Galeano, Sonia) (Entered: 03/22/2005)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 11 Filed: 3/16/2005, Entered: None Court Filing
                                                                                                                                                                  Letter from Thaddeus Hackworth to Judge Townes Regarding Request for an extension of time to respond to complaint. (Hackworth, Thaddeus) (Entered: 03/16/2005)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 10 Filed: 2/22/2005, Entered: None Court Filing
                                                                                                                                                                    MEMORANDUM AND ORDER, for the reasons set forth herein, R.B's claims are dismissed w/o prejudice. Mr. Porter's claims against deft State of NY and deft John Papajik are dismissed w/ prejudice. The Clerk of Court is directed to prepare a summons and the USMS is directed to serve defts City of NY, Mayor Michael Bloomberg, ACS, former ACS Commissioner William Bell, ACS employees Jacqueline Fuentes, Antilla Caldwell and Dana Wells and the NYC Corporation Counsel w/o prepayment of fees. This case is referred to USMJ Bloom for pretrial supervision. (Signed by Judge Sandra L. Townes on 2/11/05) c/m (Galeano, Sonia) (Entered: 02/22/2005)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 9 Filed: 9/28/2004, Entered: None Court Filing
                                                                                                                                                                      ORDER Pltff's request for an additional ninety days to amend the complaint is GRANTED.. Signed by Judge Sterling Johnson Jr. on 7/22/04. (Jackson, Ramona) Copies mailed. (Entered: 09/28/2004)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 8 Filed: 9/20/2004, Entered: None
                                                                                                                                                                        AMENDED COMPLAINT on behalf of Pltff against Administration for Children's Services, William Bell, Michael Bloomberg, Antilla Caldwell, City of New York, Jacqueline Fuentes, John Papajik, State of New York, Dana Wells, filed by Howard Porter.(Galeano, Sonia) Fwd. to USDJ Townes. (Entered: 09/22/2004)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 7 Filed: 8/19/2004, Entered: None Court Filing
                                                                                                                                                                          MEMORANDUM AND ORDER: Since the allegations in the complaint do not suggest that the claims being raised on behalf of R.B. are likely to be of substance, plaintiff's application for appointment of counsel to represent R.B. is denied; Plaintiff shall have until 10/15/04, to obtain counsel for R.B. and to amend his complaint as directed by this Court's 3/1/04 order. No further extensions of time will be granted. Signed by Judge Sterling Johnson Jr. on 8/11/04. c/m (Fernandez, Erica) (Entered: 08/19/2004)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 6 Filed: 6/18/2004, Entered: None
                                                                                                                                                                            Letter dated 6/16/04 from Howard Porter to USDJ Johnson, requesting an additional 90 days to amend the complaint. (Nieves, Adrian) (Entered: 07/02/2004)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 5 Filed: 6/7/2004, Entered: None Court Filing
                                                                                                                                                                              Letter from Howard Porter to Judge Johnson dated 4/16/04 requesting an extension of time of 60 days to file an amended complaint and to find an attorney for his son if the motion for appointment of counsel is denied. (fwd to Mag. Bloom) (Fernandez, Erica) (Entered: 06/07/2004)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 4 Filed: 3/15/2004, Entered: None Court Filing
                                                                                                                                                                                ORDER directing that Plaintiff's request to proceed in forma pauperis is granted. However, for the reasons stated below, plaintiff is directed to obtain counsel for R.B. and to amend his complaint as directed by this order. (see order for details) . Signed by JudgeSterling Johnson Jr. on 3/1/04. (Fernandez, Erica) (Entered: 03/15/2004)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 3 Filed: 12/18/2003, Entered: None
                                                                                                                                                                                  NOTICE of Related Case Assignment. (Villanueva, William) (Entered: 12/30/2003)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 2 Filed: 12/18/2003, Entered: None
                                                                                                                                                                                    MOTION for Leave to Proceed in forma pauperis by Howard Porter. (Villanueva, William) (Entered: 12/30/2003)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 1 Filed: 12/18/2003, Entered: None
                                                                                                                                                                                      COMPLAINT against Mario Acunzo, Administration for Children's Services, William Bell, Michael Bloomberg, Antilla Caldwell, City of New York, Jacqueline Fuentes, John (Jane) Doe, Terrence McElrath, John Papajik, State of New York, Dana Weber Summons not issued., filed by Howard Porter. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) Modified on 8/22/2005 (Bowens, Priscilla). (Entered: 12/30/2003)
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