Escoffery-Bey v. New York City Board Of Elections
Federal Civil Lawsuit New York Southern District Court, Case No. 1:16-cv-03518
District Judge Jesse M. Furman, presiding

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Last Updated January 11, 2019 at 5:12 AM ST (2.4 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Diane Escoffery, Plaintiff

Toggle Switch Represented by Diane Escoffery

Name Phone Fax E-Mail
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No Logo Mark Escoffery, Plaintiff

Toggle Switch Represented by Mark Escoffery

Name Phone Fax E-Mail
Space Mark Escoffery
No Logo Mark Escoffery-Bey, Plaintiff

Toggle Switch Represented by Pro Se Mark Escoffery-Bey

Name Phone Fax E-Mail
Space Mark Escoffery-Bey
No Logo Maxine Turner, Plaintiff

Toggle Switch Represented by Maxine Turner

Name Phone Fax E-Mail
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v.
No Logo New York City Board Of Elections, Defendant

Toggle Switch Represented by New York City Law Depart. Office of the Corporation Counsel

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LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen Edward Kitzinger +1 212 788 0849 +1 212 788 8877 SKitzing@law.nyc.gov
Citation Section 42 U.S.C. § 197
Nature of Suit 441 - Civil Rights: Voting
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Legal Document (Payment Possibly Required) 11 Filed: 11/7/2016, Entered: None Unknown Document TypeCourt Filing
ORDER OF DISMISSAL: Plaintiff's complaint was filed on May 11, 2016. The Complaint has not been served on Defendant. On October 20, 2016, this Court issued an Order, directing Plaintiff to communicate with the Court, in writing, by November 3, 2016, showing good cause why Plaintiff failed to serve the summons and Complaint within the 90 days prescribed by Rule 4(m) of the Federal Rules of Civil Procedure. The Order further advised Plaintiff that, if the Court did not receive this communication "showing good cause why such service was not made within the 90 days, the Court will dismiss the case." To date, the Court has received no communication from Plaintiff. Accordingly, it is hereby ORDERED that the case is dismissed for failure to prosecute. The Clerk of Court is directed to close the case. The Clerk of the Court is also directed to mail a copy of this Order to Plaintiff. (Signed by Judge Jesse M. Furman on 11/7/2016) (mro) (Entered: 11/07/2016)
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    Legal Document (Payment Possibly Required) 10 Filed: 10/20/2016, Entered: None Unknown Document TypeCourt Filing
    ORDER TO SHOW CAUSE: Plaintiff shall show cause as to why he has failed to properly serve the summons and Complaint within the 90 days prescribed by Rule 4(m) of the Federal Rules of Civil Procedure or, if Plaintiff believes that Defendant has been properly served, when and in what manner such service was made. IT IS FURTHER ORDERED that if the Court does not receive any communication from Plaintiff by November 3, 2016, showing good cause why such service was not made within the 90 days, the Court will dismiss the case without further notice. In addition, in the event that Plaintiff's address changes, please be sure to inform the Court of Plaintiff's new address. Failure to do so may result in dismissal of this lawsuit. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. (Show Cause Response due by 11/3/2016.) (Signed by Judge Jesse M. Furman on 10/20/2016) (cla) (Entered: 10/20/2016)
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      Legal Document (Payment Possibly Required) 9 Filed: 10/14/2016, Entered: None Unknown Document Type
      CERTIFICATE OF SERVICE of letter served on Mark Escoffery-Bey, Mark Escoffery, Diane Escoffery, and Maxine Turner on October 14, 2016. Service was made by Mail. Document filed by New York City Board Of Elections. (Kitzinger, Stephen) (Entered: 10/14/2016)
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        Legal Document (Payment Possibly Required) 8 Filed: 10/14/2016, Entered: None Unknown Document TypeCourt Filing
        LETTER addressed to Judge Jesse M. Furman from Stephen Kitzinger dated October 14, 2016 re: failure of service. Document filed by New York City Board Of Elections.(Kitzinger, Stephen) (Entered: 10/14/2016)
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          Legal Document (Payment Possibly Required) 7 Filed: 10/14/2016, Entered: None Unknown Document Type
          NOTICE OF APPEARANCE by Stephen Edward Kitzinger on behalf of New York City Board Of Elections. (Kitzinger, Stephen) (Entered: 10/14/2016)
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            Legal Document (Payment Possibly Required) 6 Filed: 9/19/2016, Entered: None Unknown Document TypeCourt Filing
            ORDER: Defendant is hereby ORDERED to enter an appearance and to answer the complaint no later than October 7, 2016. The Clerk of Court is directed to mail a copy of this Order to the New York City Board of Elections, to the New York City Law Department, and to Plaintiff. (Signed by Judge Jesse M. Furman on 9/19/2016) (tn) (Entered: 09/19/2016)
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              Legal Document (Payment Possibly Required) 5 Filed: 7/15/2016, Entered: None Unknown Document Type
              SUMMONS RETURNED EXECUTED. Summons and Complaint served. New York City Board Of Elections served on 6/9/2016, answer due 6/30/2016. Service was accepted by unnamed person at 32 Broadway, New York, N.Y. Document filed by Mark Escoffery-Bey. (sc) (Entered: 07/19/2016)
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                Legal Document (Payment Possibly Required) 4 Filed: 7/15/2016, Entered: None Unknown Document Type
                RESPONSE TO ORDER TO SHOW CAUSE re: 3 Order to Show Cause. Document filed by Mark Escoffery-Bey. (sc) (Entered: 07/19/2016)
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                  Legal Document (Payment Possibly Required) 3 Filed: 6/30/2016, Entered: None Unknown Document TypeCourt Filing
                  ORDER TO SHOW CAUSE: On May 11, 2016, Plaintiff Mark Escoffery-Bey, proceeding pro se, filed a complaint seeking to compel the New York City Board of Elections to place his name on the ballot in the June 28, 2016 Democratic primary. (See Docket No. 1, at 3). No request for emergency relief nor, for that matter, any proof of service was filed thereafter. As June 28th has now come and gone, Plaintiff's complaint would seem to be moot. Accordingly, Plaintiff is ordered to show cause in writing, in a brief not to exceed ten pages and to be filed no later than July 18, 2016, why the case should not be dismissed as moot. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. Show Cause Response due by 7/18/2016. (Signed by Judge Jesse M. Furman on 6/30/2016) (cf) (Entered: 06/30/2016)
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                    Blank 1 Filed: 5/11/2016, Entered: None Unknown Document Type
                    COMPLAINT against New York City Board Of Elections. (Filing Fee $ 400.00, Receipt Number 465401152414)Document filed by Maxine Turner, Mark Escoffery-Bey, Diane Escoffery, Mark Escoffery. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3.1, # 4 Exhibit 3.1, # 5 Exhibit 3.2 Part 2, # 6 3.Part 3, # 7 3.Part 4, # 8 3.Part 5, # 9 3.Part 6, # 10 3. Part 7, # 11 3. Part 8, # 12 3. Part 9, # 13 3. Part 10, # 14 3. Part 11, # 15 3. Part 12, # 16 3. Part 13, # 17 3. Part 14, # 18 3. Part15, # 19 Exhibit 4, # 20 Exhibit 5)(dgo) (Entered: 05/12/2016)
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