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 82 |
Filed: 10/3/2023, Entered: 10/3/2023 |
reply |
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PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR RECONSIDERATION, re: [79] Memorandum of Law in Opposition to Motion. Document filed by Nadire Atas. (sc)
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 Request |
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| 81 |
Filed: 9/28/2023, Entered: 9/28/2023 |
Order on Motion for Extension of Time to File Response / Reply |
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ORDER granting [80] Letter Motion for Extension of Time: Granted. Plaintiff shall file a reply memorandum of law in support of the motion for reconsideration on or before October 2, 2023. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (sc)
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| 80 |
Filed: 9/27/2023, Entered: 9/27/2023, Terminated: 9/28/2023 |
Motion for Extension of Time to File Response/Reply |
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CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to [78] MOTION for Reconsideration re; [77] Memorandum & Opinion,,. Plaintiff to file on 10/02/2023 addressed to Judge J. Paul Oetken from David McCraw dated 09/27/2023. Document filed by New York Times Company XYZ 1-10..(McCraw, David)
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Request |
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| 79 |
Filed: 9/26/2023, Entered: 9/26/2023 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [78] MOTION for Reconsideration re; [77] Memorandum & Opinion,,. . Document filed by Michael Barbaro, Kashmir Hill, John Does 1 through 20, Aaron Krolik, Ellen Pollock, The Daily Podcast, XYZ Corporations 1 through 10..(McCraw, David)
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Request |
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| 78 |
Filed: 9/19/2023, Entered: 9/20/2023 |
Motion for Reconsideration |
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MOTION FOR RECONSIDERATION, Re: for Reconsideration of re; [77] Memorandum & Opinion. Document filed by Nadire Atas.(sc)
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Request |
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 77 |
Filed: 9/5/2023, Entered: 9/5/2023 |
Memorandum and Opinion |
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OPINION AND ORDER re: [57] MOTION to Dismiss . filed by The New York Times Company, Kashmir Hill, The Daily Podcast, Michael Barbaro, XYZ Corporations 1 through 10, Aaron Krolik, John Does 1 through 20, Ellen Pollock, [60] MOTION to Dismiss . filed by Lily Meier. For the foregoing reasons, Defendants' motions to dismiss are GRANTED, and Plaintiffs' claims are dismissed with prejudice. The Clerk of Court is directed to close the motions at ECF Nos. 57 and 60 and to close this case. (Signed by Judge J. Paul Oetken on 9/5/2023) (ate)
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| 76 |
Filed: 6/26/2023, Entered: 6/26/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [60] MOTION to Dismiss . . Document filed by Lily Meier..(McCraw, David)
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Request |
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| 75 |
Filed: 6/26/2023, Entered: 6/26/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [57] MOTION to Dismiss . . Document filed by Michael Barbaro, Kashmir Hill, John Does 1 through 20, Aaron Krolik, New York Times Company XYZ 1-10, Ellen Pollock, The Daily Podcast, The New York Times Company..(McCraw, David)
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Request |
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| 74 |
Filed: 6/21/2023, Entered: 6/22/2023 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 6/21/23 re: I write this letter to bring to the Court's attention a clerical error on NYSD ECF POOL Docket #71, and a typographical error in Plaintiff's Response in Opposition to Motion to Dismiss at Docket 71 for Defendant's Motion at Docket 60(Defendant Lily Meir) etc. The clerical error on Docket 71 should read as follows: OPPOSITION (RESPONSE in Opposition to Motion), re: [60] MOTION to Dismiss etc. Document filed by Nadire Atas.(sc) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(sc)
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Request |
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| 73 |
Filed: 6/8/2023, Entered: 6/9/2023 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 6/8/23 re: I write this letter pursuant to this Court's Order(Dkt. #70). The defendant, Dr. Essig, can be served at the following address: 59 W. 12th Street, #1E, New York, NY 10011, United States. The Phone number is 1-212-633-2725. I had failed to provide the address of Defendant Essig within seven(7) days, because I was extremely ill with my second infection of Covid which accelerated very quickly in January 2023 etc. Document filed by Nadire Atas.(sc)
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Request |
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| 72 |
Filed: 6/5/2023, Entered: 6/6/2023 |
response in opposition to motion |
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OPPOSITION (RESPONSE in Opposition to Motion) re: [57] MOTION to Dismiss . Document filed by Nadire Atas. (ok)
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Request |
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| 71 |
Filed: 6/5/2023, Entered: 6/6/2023 |
response in opposition to motion |
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OPPOSITION ( RESPONSE in Opposition to Motion), re: [60] MOTION to Dismiss . Document filed by Nadire Atas. (sc) Modified on 6/6/2023 (ok).
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| 70 |
Filed: 5/25/2023, Entered: 5/25/2023 |
Order |
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ORDER: In the interest of fair notice, the Court now clarifies that the dismissal was without prejudice. No later than June 8, 2023, Plaintiff must (1) provide a service address for Dr. Essig and (2) show good cause for her failure to provide the address. If Plaintiff fails to do so, her claim against Dr. Essig will be dismissed with prejudice. (Signed by Judge J. Paul Oetken on 5/25/2023) (ate)
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| 69 |
Filed: 5/22/2023, Entered: 5/22/2023 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 5/22/23 re: I ask for clarification on your Orders at (Dkt. #48) dated 1/6/23 and (Dkt. #62) dated 2/6/23 on whether the Court has dismissed my action against the defendant, Dr.Todd Essig with or without prejudice. I have enclosed both Orders (Dkt. #48) and (Dkt.#62) for the Court's convenience. Document filed by Nadire Atas. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(sc)
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Request |
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| 68 |
Filed: 4/6/2023, Entered: 4/6/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [67] Letter, filed by Nadire Atas. ENDORSEMENT: Granted. Plaintiff shall file her opposition on or before June 5, 2023. Defendants shall file their replies on or before June 26, 2023. The parties shall note that this is the final extension of time on the briefing schedule. If Plaintiff fails to file her opposition by June 5, 2023, the motions to dismiss will be treated as unopposed. SO ORDERED. (Replies due by 6/26/2023., Responses due by 6/5/2023) (Signed by Judge J. Paul Oetken on 4/6/2023) (kv)
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Request |
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| 67 |
Filed: 4/5/2023, Entered: 4/5/2023 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 4/5/23 re: On consent, we ask that the plaintiff's time for response to Defendants' two pending motions to dismiss be extended from 5/1/23 to 6/5/23; and that the Defendants' replies be extended from 5/22/23 to 6/26/23. The plaintiff and counsel to the defendants have consented to the new dates. Document filed by Nadire Atas.(sc)
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Request |
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| 66 |
Filed: 3/9/2023, Entered: 3/9/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [65] Letter, filed by Lily Meier, The New York Times Company, Aaron Krolik, Ellen Pollock, Kashmir Hill, Michael Barbaro. ENDORSEMENT: Granted. Plaintiff shall file her opposition to the motions to dismiss on or before May 1, 2023. Defendants shall file their replies on or before May 22, 2023. So ordered. ( Replies due by 5/22/2023., Responses due by 5/1/2023) (Signed by Judge J. Paul Oetken on 3/9/2023) (ate)
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Request |
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| 65 |
Filed: 3/8/2023, Entered: 3/8/2023 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from David McCraw dated March 8, 2023 re: Consent to Plaintiff's Request for Extension. Document filed by Michael Barbaro, Kashmir Hill, Aaron Krolik, Lily Meier, Ellen Pollock, The New York Times Company..(McCraw, David)
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| 64 |
Filed: 2/17/2023, Entered: 2/17/2023 |
Order on motion for extension of time |
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ORDER granting [63] Letter Motion for Extension of Time: Granted. Plaintiff shall file her opposition to the motions to dismiss on or before March 27, 2023. Defendants shall file their replies on or before April 10, 2023. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (aa)
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| 63 |
Filed: 2/16/2023, Entered: 2/16/2023, Terminated: 2/17/2023 |
Motion for Extension of Time |
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JOINT LETTER MOTION for Extension of Time for briefing on motions to dismiss addressed to Judge J. Paul Oetken from David McCraw dated 02/16/2023. Document filed by The New York Times Company..(McCraw, David)
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Request |
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| 62 |
Filed: 2/6/2023, Entered: 2/6/2023 |
Order |
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ORDER: Plaintiff did not provide Dr. Essig's address until January 24, 2023, and did not provide any justification for the delay. (ECF No. 55.) Because Plaintiff has not shown good cause for her failure to comply with the January 6 order, Plaintiff's claims against Dr. Essig are dismissed with prejudice. The Clerk of Court is respectfully directed to terminate Dr. Todd Essig as a defendant in this case. Todd Essig terminated. (Signed by Judge J. Paul Oetken on 2/6/2023) (ate)
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| 61 |
Filed: 1/27/2023, Entered: 1/27/2023 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: [60] MOTION to Dismiss . . Document filed by Lily Meier..(McCraw, David)
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Request |
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| 60 |
Filed: 1/27/2023, Entered: 1/27/2023, Terminated: 9/5/2023 |
Motion to Dismiss |
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MOTION to Dismiss . Document filed by Lily Meier..(McCraw, David)
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Request |
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| 59 |
Filed: 1/27/2023, Entered: 1/27/2023 |
Declaration in Support of Motion |
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DECLARATION of David E. McCraw in Support re: [57] MOTION to Dismiss .. Document filed by Michael Barbaro, Kashmir Hill, John Does 1 through 20, Aaron Krolik, Ellen Pollock, The Daily Podcast, The New York Times Company, XYZ Corporations 1 through 10. (Attachments: # (1) Exhibit A - Caplan Judgment, # (2) Exhibit B - Perri Affidavit, # (3) Exhibit C - Ontario Criminal Court Records, # (4) Exhibit D - The January Article, # (5) Exhibit E - The February Article, # (6) Exhibit F - The April 24 Article).(McCraw, David)
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Request |
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| 58 |
Filed: 1/27/2023, Entered: 1/27/2023 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: [57] MOTION to Dismiss . . Document filed by Michael Barbaro, Kashmir Hill, John Does 1 through 20, Aaron Krolik, Ellen Pollock, The Daily Podcast, The New York Times Company, XYZ Corporations 1 through 10..(McCraw, David)
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| 57 |
Filed: 1/27/2023, Entered: 1/27/2023, Terminated: 9/5/2023 |
Motion to Dismiss |
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MOTION to Dismiss . Document filed by Michael Barbaro, Kashmir Hill, John Does 1 through 20, Aaron Krolik, Ellen Pollock, The Daily Podcast, The New York Times Company, XYZ Corporations 1 through 10..(McCraw, David)
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Request |
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| 56 |
Filed: 1/26/2023, Entered: 1/26/2023 |
Letter |
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LETTER addressed to Judge J. Paul Oetken, from N. Atas dated 1/26/23 re: I ask for clarification on the issue of correct answer dates etc. I spoke with the Marshals Office today and a summons has been received for a defendant named "Dr. Krolik," and it is in queue and not served. This is in error as the defendant to Case 22-cv-00853-JPO is a reporter for the New York Times and not a doctor. Document filed by Nadire Atas. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(sc)
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Request |
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| 55 |
Filed: 1/24/2023, Entered: 1/25/2023 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 1/24/23 re: I apologize, but I just became aware that I was to provide to the Court an address where Mr. Essig(sic) may be served within seven days. Mr. Essig's office address is the following: 59 W. 12th Street, #1E, New York, NY 10011. Also, on the Court Order of Service dated 1/6/23, the defendant Aaron Krolik is incorrectly identified as Dr. Krolik etc. Document filed by Nadire Atas. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(sc)
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Request |
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| 54 |
Filed: 1/23/2023, Entered: 1/24/2023 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Ellen Pollock served on 1/18/2023, answer due 2/8/2023. Service was accepted by David McCraw. Document filed by Nadire Atas. (sc)
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Request |
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| 53 |
Filed: 1/23/2023, Entered: 1/24/2023 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED.Summons and Amended Complaint, served. The New York Times Company, served on 1/18/2023, answer due 2/8/2023. Service was accepted by David McCraw. Document filed by Nadire Atas. (sc)
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Request |
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| 52 |
Filed: 1/23/2023, Entered: 1/24/2023 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Kashmir Hill, served on 1/18/2023, answer due 2/8/2023. Service was accepted by David McCraw. Document filed by Nadire Atas. (sc)
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Request |
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| 51 |
Filed: 1/23/2023, Entered: 1/24/2023 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Michael Barbaro, served on 1/18/2023, answer due 2/8/2023. Service was accepted by David McCraw. Document filed by Nadire Atas. (sc)
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Request |
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| 50 |
Filed: 1/23/2023, Entered: 1/24/2023 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. New York Times Company XYZ 1-10 served on 1/18/2023, answer due 2/8/2023. Service was accepted by David McCraw. Document filed by Nadire Atas. (sc)
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Request |
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| 49 |
Filed: 1/9/2023, Entered: 1/9/2023 |
Summons issued |
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SUMMONS ISSUED as to Dr. Krolik. (sha)
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Request |
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Filed: None, Entered: None |
FRCP 4 Service Package - Hand Delivered to U.S.M |
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/9/2023 Re: Judge J. Paul Oetken [48] Order of Service. The following document(s) were enclosed in the Service Package: Third Amended Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Dr. Krolik. (sha)
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| 48 |
Filed: 1/6/2023, Entered: 1/6/2023 |
Order of Service |
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ORDER OF SERVICE: To allow Plaintiff to effect service on Dr. Krolik 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"). The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Mr. Krolik via Mr. McCraw. Plaintiff has not provided an address where Dr. Essig may be served. The Court therefore directs Plaintiff, within seven days of the date of this order, to provide the Court with an address where Mr. Essig may be served. Once Plaintiff has provided a service address for this defendant, the Court will issue an order directing the Clerk of Court to complete the USM-285 form with the address and deliver all documents necessary to effect service to the U.S. Marshals Service. If Plaintiff fails to comply within the time allowed, and she cannot show good cause to excuse such failure, the Court will dismiss this Defendant without prejudice. The Clerk of Court is directed to mail a copy of this Order to the pro se party. SO ORDERED. USM-285 Form due by 2/6/2023. Request for Issuance of Summons due by 2/6/2023. (Signed by Judge J. Paul Oetken on 1/06/2023) (ama)
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| 47 |
Filed: 1/6/2023, Entered: 1/6/2023 |
Order |
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ORDER: Plaintiff's request for leave to further amend her complaint is therefore DENIED. The operative complaint is the document filed at Docket Number 43. As previously ordered at Docket Number 41, Defendants' deadline to move, answer, or otherwise respond is January 27, 2023. The Clerk is directed to mail a copy of this order to the pro se Plaintiff. Michael Barbaro answer due 1/27/2023; Todd Essig answer due 1/27/2023; Kashmir Hill answer due 1/27/2023; John Does 1 through 20 answer due 1/27/2023; Aaron Krolik answer due 1/27/2023; Lily Meier answer due 1/27/2023; Ellen Pollock answer due 1/27/2023; The Daily Podcast answer due 1/27/2023; XYZ Corporations 1 through 10 answer due 1/27/2023.( Motions due by 1/27/2023.) (Signed by Judge J. Paul Oetken on 1/6/2023) (ate)
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| 46 |
Filed: 1/4/2023, Entered: 1/5/2023 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 1/4/23 re: I write this letter dated 1/4/23 to correct my letter dated 1/3/23 where I requested leave of the Court of fifteen days to file a fourth amended complaint. In my letter dated 1/3/23, it should have read that I request leave of the Court of fifteen days to file a third amended complaint and not a fourth amended complaint etc. I ask for permission of fifteen days to file a third amended complaint to expand on the summary of the action. Document filed by Nadire Atas.(sc)
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| 45 |
Filed: 1/4/2023, Entered: 1/4/2023 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from David McCraw dated 01/04/2023 re: Fourth Amended Complaint. Document filed by New York Times Company XYZ 1-10..(McCraw, David)
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| 44 |
Filed: 1/3/2023, Entered: 1/3/2023 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 1/3/23 re: I ask for permission of fifteen days to file a fourth Amended Complaint to expand on the summary of the action in my Complaint and on the factual allegations in my Complaint etc. Document filed by Nadire Atas.(sc)
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| 43 |
Filed: 12/28/2022, Entered: 12/29/2022 |
Amended Complaint |
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(3RD) AMENDED COMPLAINT, Re: amending [36] Amended Complaint, against Michael Barbaro, Todd Essig, Kashmir Hill, John Does 1 through 20, Aaron Krolik, Lily Meier, Ellen Pollock, The Daily Podcast, The New York Times Company, XYZ Corporations 1 through 10 with JURY DEMAND.Document filed by Nadire Atas. Related document: [36] Amended Complaint.(sc)
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Request |
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| 42 |
Filed: 12/22/2022, Entered: 12/22/2022 |
Order on Application for the Court to Request Counsel |
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ORDER DENYING REQUEST FOR PRO BONO COUNSEL denying [35] Application for the Court to Request Counsel. For the foregoing reasons, Plaintiff's Application for the Court to Request Counsel is denied. Denial of Plaintiff's request is without prejudice to Plaintiff's renewed application later in the case. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close the motion at Docket Number 35 and to mail a copy of this order to the pro se party. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/22/2022) (tg)
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| 41 |
Filed: 12/22/2022, Entered: 12/22/2022 |
Order on motion for extension of time |
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ORDER granting [38] Letter Motion for Extension of Time: GRANTED. DEFENDANT SHALL ANSWER, MOVE, OR OTHERWISE RESPOND WITHIN THIRTY DAYS OF THE PUBLIC FILING OF PLAINTIFF'S SECOND AMENDED COMPLAINT. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (aa)
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| 40 |
Filed: 12/22/2022, Entered: 12/22/2022 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [37] Letter, filed by Nadire Atas. ENDORSEMENT: Plaintiff's request to correct the filing of her Second Amended Complaint is GRANTED. Plaintiff shall file the Second Amended Complaint on ECF on or before December 28, 2022. ( Amended Pleadings due by 12/28/2022.) (Signed by Judge J. Paul Oetken on 12/22/2022) (ate)
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Request |
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| 39 |
Filed: 12/22/2022, Entered: 12/22/2022 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 12/22/22 re: If there is a procedural or legal impediment by the Rules or Statute for the SDNY Court to issue an Order for me to file my correct Second Amended Complaint which I intended to file on 12/14/22, then I ask the SDNY Court for an Order for me to file the document that I intended to file on 12/14/22, to instead be considered as Third Amended Complaint. Document filed by Nadire Atas.(sc)
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Request |
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| 38 |
Filed: 12/21/2022, Entered: 12/21/2022, Terminated: 12/22/2022 |
Motion for Extension of Time |
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LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Respond addressed to Judge J. Paul Oetken from David McCraw dated 12/21/2022. Document filed by The New York Times Company..(McCraw, David)
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Request |
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| 37 |
Filed: 12/16/2022, Entered: 12/19/2022 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 12/16/22 re: The attachment I inadvertently filed by email on 12/14/22 was not intended to be filed. This was my error. I apologize for the error, and I ask for an Order to file my correct 2nd Amended Complaint that I intended to file on 12/14/22. Document filed by Nadire Atas.(sc)
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| 36 |
Filed: 12/14/2022, Entered: 12/15/2022 |
Amended Complaint |
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(2nd) AMENDED COMPLAINT, Re: amending [23] Amended Complaint, against Michael Barbaro, Todd Essig, Kashmir Hill, John Does 1 through 20, Lily Meier, Ellen Pollock, The Daily Podcast, The New York Times Company, XYZ Corporations 1 through 10 with JURY DEMAND.Document filed by Nadire Atas. Related document: [23] Amended Complaint,.(sc)
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Request |
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| 35 |
Filed: 12/6/2022, Entered: 12/7/2022 |
Application for Court to Request Counsel |
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APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Document filed by Nadire Atas. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(sc)
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| 34 |
Filed: 12/6/2022, Entered: 12/7/2022 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 12/6/22 re: I want to file a second amended complaint, but I have not been able to find counsel. I ask for a further extension of thirty days to file a second amended complaint. I hope to find counsel to assist me without the hindrance of the deadline being so close to the holiday season etc. Document filed by Nadire Atas.(sc) Modified on 12/7/2022 (sc).
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Request |
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| 33 |
Filed: 11/21/2022, Entered: 11/21/2022 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 11/21/22 re: I respectfully ask that the Court orders be extended so that I may open the Court Orders again and download the Court orders to be used for attachments on my email communications sooner rather than wait for the 7-10 days delivery by regular mail of the password from Pacer. Document filed by Nadire Atas.(sc)
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Request |
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| 32 |
Filed: 11/20/2022, Entered: 11/20/2022 |
Order on motion for extension of time |
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ORDER granting [31] Letter Motion for Extension of Time: GRANTED. DEFENDANTS SHALL MOVE, ANSWER, OR OTHERWISE RESPOND TO THE AMENDED COMPLAINT, OR THE SECOND AMENDED COMPLAINT SHOULD ONE BE FILED, ON OR BEFORE JANUARY 14, 2023. THE CLERK OF COURT IS DIRECTED TO INFORM THE U.S. MARSHALS SERVICE THAT DEFENDANTS THE NEW YORK TIMES COMPANY, ELLEN POLLOCK, KASHMIR HILL, MICHAEL BARBARO, AND LILY MEIER MAY BE SERVED VIA DAVID MCCRAW, COUNSEL FOR THE NEW YORK TIMES, AT THE ADDRESS LISTED IN THE LETTER MOTION FILED AT DOCKET NUMBER 31. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (aa) Transmission to Office of the Clerk of Court for processing.
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Filed: None, Entered: None |
***Set/Reset Deadlines |
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Set/Reset Deadlines: Akumin Inc. answer due 1/14/2023; Michael Borysenko answer due 1/14/2023; Matthew Cameron answer due 1/14/2023; Kashmir Hill answer due 1/14/2023; John Does and/or Jane Does 1-10 answer due 1/14/2023; Lily Meier answer due 1/14/2023; Ellen Pollock answer due 1/14/2023; The Daily Podcast answer due 1/14/2023; The New York Times Company answer due 1/14/2023; XYZ Corporations 1 through 10 answer due 1/14/2023. Amended Pleadings due by 1/14/2023. Motions due by 1/14/2023. (va)
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| 31 |
Filed: 11/16/2022, Entered: 11/16/2022, Terminated: 11/20/2022 |
Motion for Extension of Time |
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LETTER MOTION for Extension of Time and acceptance of service for NYT Defendants addressed to Judge J. Paul Oetken from David McCraw dated 11/16/2022. Document filed by New York Times Company XYZ 1-10..(McCraw, David)
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| 30 |
Filed: 11/15/2022, Entered: 11/15/2022 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [26] Letter, filed by Nadire Atas. ENDORSEMENT: Plaintiff's request for a delay in effecting service on the above-named defendants is denied. The Court has already issued an Order of Service, which the Clerk's Office shall effect without delay. If Plaintiff wishes to file a second amended complaint, she shall do so by December 14, 2022. If Plaintiff has retained counsel in this matter, counsel is directed to file an appearance by the same date. The Clerk is directed to mail a copy of this order to the pro se plaintiff. ( Amended Pleadings due by 12/14/2022.) (Signed by Judge J. Paul Oetken on 11/15/2022) (ate)
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Request |
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| 29 |
Filed: 11/14/2022, Entered: 11/14/2022 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 11/14/22 re: This letter is in further to my letter dated 11/9/22 etc. I ask that an order be made that the U.S. Marshals Service not serve the issued summonses as to the New York Times, Ellen Pollock, Kashmir Hill, the Daily Podcast, and Michael Barbaro, until furthe court Order. I am in the process of retaining Counsel on this Complaint to amend and to decide other matters. Document filed by Nadire Atas.(sc)
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Request |
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| 28 |
Filed: 11/14/2022, Entered: 11/14/2022 |
FRCP 4 Service Package - Mailed |
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INFORMATION PACKAGE MAILED to Nadire Atas 411-11 Thorncliffe Park Dr. Toronto, ON M4H 1P3 Canada, at, on 11/14/2022 Re: [25] 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, 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 that the Pro Se Manual has been discontinued, 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)
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Request |
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| 27 |
Filed: 11/14/2022, Entered: 11/14/2022 |
Summons issued |
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SUMMONS ISSUED as to Michael Barbaro, Kashmir Hill, Ellen Pollock, The Daily Podcast, The New York Times Company. (aan)
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Request |
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Filed: None, Entered: None |
FRCP 4 Service Package - Hand Delivered to U.S.M |
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/14/2022 Re: Judge J. Paul Oetken [25] Order of Service. The following document(s) were enclosed in the Service Package: Amended Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Michael Barbaro, Kashmir Hill, Ellen Pollock, The Daily Podcast, The New York Times Company. (aan)
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| 26 |
Filed: 11/9/2022, Entered: 11/10/2022 |
Letter |
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LETTER addressed to Judge J. Paul Oetken from N. Atas, dated 11/9/22 re: I request that an Order be made to the Clerk of Court NOT to issue summonses as to the New York Times, Ellen Pollock, Kashmir Hill, the Daily Podcast, and Michael Barbaro, complete the USM-285 forms with the addresses for these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service until further court Order etc. Document filed by Nadire Atas.(sc)
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| 25 |
Filed: 11/9/2022, Entered: 11/9/2022 |
Order of Service |
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ORDER: The Clerk of Court is directed to issue summonses as to the New York Times, Ellen Pollock, Kashmir Hill, the Daily Podcast, and Michael Barbaro, complete the USM-285 forms with the addresses for these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Court directs Plaintiff to provide the Court, within 30 days of the date of this Order, the address where Lily Meier may be served. The Clerk of Court is also directed to mail an information package to Plaintiff, including a copy of this Order. (Signed by Judge J. Paul Oetken on 11/9/2022) (ate) Transmission to Pro Se Assistants for processing.
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Filed: None, Entered: None |
Case Designation |
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Magistrate Judge Robert W. Lehrburger 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. (sac)
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Filed: None, Entered: None |
Notice of Case Assignment/Reassignment |
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NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Laura Taylor Swain is no longer assigned to the case. (sac)
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| 23 |
Filed: 10/17/2022, Entered: 10/17/2022 |
Amended Complaint |
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AMENDED COMPLAINT amending [2] Complaint,,,,, against Akumin Inc., Michael Borysenko, Matthew Cameron, Kashmir Hill, John Does and/or Jane Does 1-10, Lily Meier, Ellen Pollock, The Daily Podcast, The New York Times Company, XYZ Corporations 1 through 10 with JURY DEMAND.Document filed by Nadire Atas. Related document: [2] Complaint,,,,,..(rdz)
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Request |
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| 22 |
Filed: 10/11/2022, Entered: 10/12/2022 |
Letter |
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LETTER addressed to Judge Laura Taylor Swain from N. Atas, dated 10/11/22 re: I write this letter to notify the Court that I am scheduled for a medical procedure on 10/13/22 which will impact my movements, I am told, for 3-5 days. My health issue has been ongoing for some time, and this is not a surprise to me and will be treated with a medical procedure on 10/13/22. Document filed by Nadire Atas.(sc)
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Request |
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| 21 |
Filed: 10/9/2022, Entered: 10/12/2022 |
Letter |
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LETTER addressed to Judge Laura Taylor Swain from N. Atas, dated 10/9/22 re: I respectfully request from the Court an extension of time to file an Amended Complaint. Even a short extension of fourteen or fifteen days will be of great assistance to me. I have had serious health issues. This has been challenging etc. Document filed by Nadire Atas.(sc)
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Request |
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| 20 |
Filed: 10/6/2022, Entered: 10/6/2022 |
Order |
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ORDER: The Court denies Plaintiff's request for an additional 30-day extension to file an amended complaint. (ECF 19.) Plaintiff is directed to file, by October 15, 2022, an amended complaint in compliance with the Court's May 31, 2022, order. If Plaintiff fails to file an amended complaint by October 15, 2022, a civil judgment will be entered in this action. The Court will not address any further requests for extension of time. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/6/22) (rdz)
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| 19 |
Filed: 10/5/2022, Entered: 10/6/2022 |
Letter |
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LETTER from N. Atas, dated 10/5/22, re: I request from the Court an extension of an additional thirty days to amend and replead my complaint. I have been working on a draft, but I need additional time to complete. My complaint involves complex legal issues, and I want to continue my meritorious claim. Document filed by Nadire Atas.(sc)
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Request |
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| 18 |
Filed: 10/5/2022, Entered: 10/5/2022 |
Order |
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ORDER re: [17] Letter, filed by Nadire Atas. The Court denies Plaintiff's request for another 45 days to file an amended complaint. (ECF 17.) Plaintiff is directed to file an amended complaint, in compliance with the Court's May 31, 2022, order, by October 15, 2022. If Plaintiff fails to file an amended complaint by that date, a civil judgment will be entered in this action. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/5/2022) (sac)
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| 17 |
Filed: 10/5/2022, Entered: 10/5/2022 |
Letter |
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LETTER addressed to Judge Laura Taylor Swain from Nadire Atas dated 10/5/2022 re: I am the Pro Se Plaintiff in Case Number: 22-CV-00853-LTS and a Canadian national residing in Ontario, Canada...I respectfully ask for additional time to draft and amend pleadings. Document filed by Nadire Atas. (ok)
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Request |
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| 16 |
Filed: 9/15/2022, Entered: 9/16/2022 |
Order 30 Days Amended Complaint (case opening) |
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ORDER: The Court denies Plaintiff's request for another 45 days to file an amended complaint. (ECF 15.) Plaintiff is directed to file an amended complaint, in compliance with the Court's May 31, 2022, order, within 30 days of the date of this order. If Plaintiff fails to file an amended complaint by that date, a civil judgment will be entered in this action. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/15/2022) (sac)
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| 15 |
Filed: 9/14/2022, Entered: 9/15/2022 |
Letter |
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LETTER addressed to Judge Laura Taylor Swain from N. Atas, dated 9/14/22 re: I respectfully request an extension of an additional forty-five days to amend and replead my complaint, because I have had some health matters which have delayed me. My complaint involves complex legal issues which I am still working on drafting. Document filed by Nadire Atas.(sc)
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| 14 |
Filed: 8/17/2022, Entered: 8/17/2022 |
Order |
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ORDER re: [13] Letter, filed by Nadire Atas. The Court grants Plaintiff's request for another extension of time to file an amended complaint. (ECF 13.) Plaintiff is directed to file an amended complaint within 45 days of the date of this order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 8/17/2022) (sac)
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| 13 |
Filed: 8/16/2022, Entered: 8/16/2022 |
Letter |
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LETTER addressed to Judge Laura Taylor Swain from N. Atas, dated 8/16/22 re: I respectfully request an extension of an additional thirty days to amend and replead my complaint. There were various delays including the supervisor from NYLAG, Henry Muhlheim, being out of the office for a week until 8/8/22 etc. Document filed by Nadire Atas.(sc) (Additional attachment(s) added on 8/16/2022: # (1) Exhibit 1) (sc).
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Request |
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| 12 |
Filed: 7/22/2022, Entered: 7/22/2022 |
Order 30 Days Amended Complaint (case opening) |
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ORDER: The Court grants Plaintiff's request for another extension of time to file an amended complaint. (ECF 11.) Plaintiff is directed to file an amended complaint within 30 days of the date of this order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 7/22/2022) (sac)
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| 11 |
Filed: 7/22/2022, Entered: 7/22/2022 |
Letter |
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LETTER addressed to Judge Laura Taylor Swain from N. Atlas, dated 7/22/22 re: By Order dated 7/1/22, Judge Laura Taylor Swain granted me an extension of time of thirty days to amend and replead my complaint. I respectfully request an extension of an additional two weeks to amend and replead my Complaint. My Complaint involves complex legal issues. I want to ensure that there is sufficient time for NYLAG to review the documents and assist in the drafting of amended pleadings. Document filed by Nadire Atas. (Attachments: # (1) Exhibit 1)(sc)
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Request |
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Filed: None, Entered: None |
Mailing Receipt |
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MAILING RECEIPT: Document No: 10. Mailed to: Nadire Atas 411--11 Thorncliffe Park Dr. Toronto, ON M4H 1P3 Canada. (dsh)
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| 10 |
Filed: 7/1/2022, Entered: 7/5/2022 |
Order 30 Days Amended Complaint (case opening) |
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ORDER: The Court grants Plaintiff's request for an extension of time to file an amended complaint. (ECF 9.) Plaintiff is directed to file an amended complaint within 30 days of the date of this order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 7/1/2022) (sac)
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| 9 |
Filed: 6/30/2022, Entered: 7/1/2022 |
Letter |
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LETTER addressed to Judge Laura Taylor Swain from N. Atas, dated 6/30/22 re: I ask for an extension of time of thirty days to replead and file. I require an extension of time to replead as I received the Order of Dismissal in the evening of 6/22/22, and I cannot replead by 6/30/22. I ask that the plaintiff's mailing address be changed to 411-11 Thorncliffe Park Drive, Toronto, ON Canada 1P3 to avoid any future delays in my receiving mail from the Court. Document filed by Nadire Atas. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(sc)
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Request |
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Filed: None, Entered: None |
Mailing Receipt |
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MAILING RECEIPT: Document No: 8. Mailed to: Nadire Atas 2030 Kennedy Rd Toronto, ON M1T 3G2 Canada. (kh) Modified on 6/2/2022 (kh).
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| 8 |
Filed: 5/31/2022, Entered: 6/1/2022 |
Order 30 Days Amended Complaint (case opening) |
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ORDER OF DISMISSAL: Plaintiff's complaint, filed IFP under 28 U.S.C. § 1915(a)(1), is dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). The Court also denies Plaintiff's application for counsel (ECF 6) without prejudice. All other pending matters in this case are terminated. Plaintiff is granted thirty days' leave to file an amended complaint of which the Court has subject matter jurisdiction. If Plaintiff fails to file a sufficient amended complaint within the time allowed, the Court will enter judgment dismissing this action for the reasons stated in this order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Motions terminated: [6] APPLICATION for the Court to Request Counsel, filed by Nadire Atas. (Signed by Judge Laura Taylor Swain on 5/31/2022) (sac)
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| 7 |
Filed: 5/10/2022, Entered: 5/10/2022 |
Order Granting IFP Application |
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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 5/10/2022) (vn)
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Request |
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| 6 |
Filed: 5/1/2022, Entered: 5/2/2022 |
Application for Court to Request Counsel |
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APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Document filed by Nadire Atas.(sc)
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Request |
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| 5 |
Filed: 3/1/2022, Entered: 3/2/2022 |
Original Signature Received |
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Original Signature Received from Nadire Attas re: [1] IFP. (sc)
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Request |
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| 4 |
Filed: 3/1/2022, Entered: 3/2/2022 |
Original Signature Received |
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Original Signature Received from Nadire Attas re: [2] Complaint. (sc)
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Request |
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| 3 |
Filed: 2/2/2022, Entered: 2/2/2022 |
Order Directing Original Signature |
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ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to resubmit the signature pages of the IFP application and the complaint with either original signatures or electronic signatures to this Court's Pro Se Unit within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to Plaintiff and note service on the docket. Signature Pages due by 3/4/2022. (Signed by Chief Judge Laura Taylor Swain on 2/2/2022) (Attachments: # (1) signature page of complaint, # (2) signature page of IFP) (ees) Transmission to Docket Assistant Clerk for processing.
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Filed: None, Entered: None |
Mail Order by USPS |
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Mailed a copy of [3] Order Directing Original Signature to Nadire Atas at 2030 Kennedy Rd, Toronto, ON M1T 3G2, Canada. (kh)
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Filed: None, Entered: None |
Notice of Case Assignment/Reassignment - Sua Sponte |
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu)
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| 2 |
Filed: 1/31/2022, Entered: 2/1/2022 |
Complaint |
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COMPLAINT against Akumin Inc., Guy Babcock, John Babcock, Tom Babcock, Mila Baier, John Baiera, Dean Baquet, Michael Barbaro, Sara Basara, Alexandra Borondy, Katherine Brnjac, Matthew Cameron, Erin Caplan, Gary Caplan, Joseph Caplan, Josh Caplan, Mason Caplan Roti, Cardiac Solutions, Alfonso Cosentino, Robert E. Dale, Dale & Lessman LLP, Garth Dingwall, Todd Essig, Eric Gossin, Karen Granofsky, Julia Groleau, Luc Groleau, Marc Groleau, Andrew Haufe, Rebecca Haufe, Jennifer Hefler, Ramona Helm, Kashmir Hill, IBM, John Does and/or Jane Does 1-10, Kagan Shastri LLP, Lawyers' Professional Indemnity Company, Tony Locane, Derek Luth, Martin Mallich, Lily Meier, David E. Mende, Agnieszka Murray, Shawn Murray, New York Times Company XYZ 1-10, Yahel Nov, Derek Peddlesden, Peoples Trust Company, Nella Pires, Tom Pires, Ellen Pollock, Frank Renou, Mitchell Rose, Brandon Schmidt, Preston Schmidt, Ralph Schmidt, Rahul Shastri, Shu Quang Shen, J. David Sloan, Sharon Small, Alana Stancer, Charles Adam Stancer, Jonathan Michael Stancer, Raymond Stancer, Sammy Stancer, Stancer Gossin Rose LLP, Ralph Steinberg, The Daily Podcast, The Myers-Briggs Company, The New York Times Company, Trevor Timm, Chrstina J. Wallis, David Winer, Riadh Zine. Document filed by Nadire Atas. (Attachments: # (1) Exhibit) (sac)
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| 1 |
Filed: 1/31/2022, Entered: 2/1/2022 |
Request to Proceed In Forma Pauperis |
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REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Nadire Atas. (sac)
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Filed: None, Entered: None |
Case Designated ECF. |
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Case Designated ECF. (sac)
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