Docket Sheet

 

U.S. District Court
Southern District of New York (White Plains)
CIVIL DOCKET FOR CASE #: 7:12-cv-02858-VB

Teitelbaum v. Katz et al
Assigned to: Judge Vincent L. Briccetti
Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 04/11/2012
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Date
Filed
# Docket Text
04/11/2012 1 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jacob Teitelbaum.(mro) (Entered: 04/13/2012)
04/11/2012 2 COMPLAINT against Stephanie Bazileor, Andrew P. Bivona, Christine Brunet, John Francis X. Burke, Child Protective Services of Orange County, Children’s Rights Society of Orange County, Department of Social Services of Orange County, District Family Court of Orange County 9th Judicial District, Jane Does 1 through 20, John Does 1 through 95, Chaya Katz, Juda Katz, Kiryas Joel Comm Ambulance CRP, Kim Pavlovic, Maria Petrizio, David Ruberstein, Bluma Tennenbaum, Joel Tennenbaum. Document filed by Jacob Teitelbaum.(mro) (Entered: 04/13/2012)
04/11/2012 Case Designated ECF. (mro) (Entered: 04/13/2012)
04/11/2012 3 LETTER re: CHANGE OF ADDRESS for Jacob Teitelbaum. New Address: c/o Ben Friedman, 5 Leipnik Way #102, Monroe, NY, 10950. (mro) (Entered: 04/13/2012)
04/19/2012 4 Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 4/19/12. (mt) (Entered: 04/19/2012)
05/02/2012 5 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 5/2/2012) (rjm) (Entered: 05/02/2012)
05/04/2012 Received returned mail re: 4 Pro Se Acknowledgment Letter Mailed. Mail was addressed to Jacob Tietebaum at 5 Heipnik Klay, #102 Monroe, NY 10950 and was returned for the following reason(s): No such address. (ft) (Entered: 05/04/2012)
05/10/2012 6 NOTICE OF CASE ASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 05/10/2012)
05/10/2012 Magistrate Judge George A. Yanthis is so designated. (pgu) (Entered: 05/10/2012)
05/10/2012 Mailed notice re: Case Designation, 6 Notice of Case Assignment/Reassignment to the attorney(s) of record. (pgu) (Entered: 05/10/2012)
05/14/2012 8 ORDER OF SERVICE: The Court dismisses plaintiffs claims against Judge Bivona and the Orange County Family Court on immunity grounds. See 28 U.S.C. § 1915(e)(2)(B)(iii). The Clerk of Court is directed to issue a Summons as to the remaining Defendants, and plaintiff is directed to serve the Summons and Complaint on defendants within 120 days of the issuance of the Summons. If service has not been made within the 120 days, and plaintiff hasnot requested an extension of time to serve within that 120 days, the Complaint may be dismissed for failure to prosecute, pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. 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). (Signed by Judge Vincent L. Briccetti on 5/11/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 05/15/2012)
05/16/2012 SUMMONS ISSUED as to Stephanie Bazileor, Christine Brunet, John Francis X. Burke, Child Protectice Services of Orange County, Children’s Rights Society of Orange County, Department of Social Services of Orange County, Chaya Katz, Juda Katz, Kiryas Joel Comm Ambulance CRP, Kim Pavlovic, Maria Petrizio, David Ruberstein, Bluma Tennenbaum, Joel Tennenbaum. (vj) (Entered: 05/16/2012)
05/16/2012 FRCP 4 (Service Package Mailed) to plaintiff at the address noted on the complaint/court’s docket on 5/16/2012 via Federal Express AIRBILL # 877126697120. The service package included: an original summons, copies of the summons, a certified In Forma Pauperis Application (IFP), copies of the IFP, complaint, United States Marshal (U.S.M.-285) forms, change of address postcards, Judge’s individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj) (Entered: 05/16/2012)
06/19/2012 10 ORDER: The Court directs plaintiff to appear for a conference regarding these allegations on July 2, 2012, at 10:00 a.m., in Courtroom 620 at the United States Courthouse, 300 Quarropas Street, White Plains, New York 10601. Although it appears from the docket that the U.S. Marshals Service has not yet executed service of the Summons and Complaint on defendants, the Court further directs the County Attorney for the County of Orange, who is the attorney for defendant Child Protective Services of Orange County, to appear at the July 2, 2012 conference, and to be prepared to discuss the status of plaintiffs CPS case. The Clerk of Court is directed to mail a copy of this Order to the County Attorney for the County of Orange at the following address: County Attorney, County of Orange, 15 Matthews Street, Suite 305, Goshen. NY 10924. (Conference set for 7/2/2012 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 6/19/2012) The Clerks Office Has Mailed Copies. (mml) (Entered: 06/21/2012)
06/19/2012 49 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Maria Petrizio served on 7/10/2012, answer due 7/31/2012. Service was made by MAIL. Document filed by Jacob Teitelbaum. (rj) (Entered: 08/22/2012)
06/20/2012 11 AMENDED COMPLAINT amending 2 Complaint, against Stephanie Bazileor, Christine Brunet, John Francis X. Burke, Child Protectice Services of Orange County, Children’s Rights Society of Orange County, Department of Social Services of Orange County, Jane Does 1 through 20, John Does 1 through 95, Chaya Katz, Juda Katz, Kiryas Joel Comm Ambulance CRP, Kim Pavlovic, Maria Petrizio, David Ruberstein, Bluma Tennenbaum, Joel Tennenbaum with JURY DEMAND.Document filed by Jacob Teitelbaum. Related document: 2 Complaint, filed by Jacob Teitelbaum.(lnl) (Entered: 06/21/2012)
06/22/2012 FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court’s docket on 6/22/2012 via Federal Express AIRBILL # 898937578058. The Information package included: copies of the amended complaint, United States Marshal (U.S.M.-285) forms, change of address postcards, Judge’s individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj) (Entered: 06/22/2012)
06/22/2012 20 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Children’s Rights Society of Orange County served on 6/14/2012, answer due 7/5/2012. Service was accepted by Karen A. Riley. Document filed by Jacob Teitelbaum. (lnl) (Entered: 07/17/2012)
06/22/2012 42 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint,, served. Service was made by MAIL. Document filed by Jacob Teitelbaum. (rj) (Entered: 08/03/2012)
06/27/2012 12 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from David L. Darwin, dated 6/26/2012, re: Counsel writes: I am in receipt of Your Honor’s Order dated June 19, 2012 directing my appearance on July 2, 2012 to report on the status of the CPS case relative to the above-stated matter. In order that we may be prepared to respond to the allegations raised in Plaintiff’s letter to the Court, I am respectfully requesting that the Court provide me with a copy of that letter prior to July 2, 2012. ENDORSEMENT: Application Granted. The Court will fax to Mr. Darwin copies of plaintiff’s 6/6/12 letter as well as a subsequent letter of 6/25/12. So Ordered. (Signed by Judge Vincent L. Briccetti on 6/27/2012) The Clerks Office Has Mailed Copies. (lnl) (Entered: 06/27/2012)
07/02/2012 Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status conference held. The time to move to the amended complaint of any defendant that has beenserved with the original complaint is stayed pending receipt of service of the amended complaint.Status Conference held on 7/2/2012. (rj) (Entered: 07/02/2012)
07/06/2012 14 NOTICE OF APPEARANCE by Rebecca Grace Baldwin Mantello on behalf of Children’s Rights Society of Orange County (Mantello, Rebecca) (Entered: 07/06/2012)
07/06/2012 15 NOTICE OF APPEARANCE by Rebecca Grace Baldwin Mantello on behalf of Children’s Rights Society of Orange County (Mantello, Rebecca) (Entered: 07/06/2012)
07/12/2012 19 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Kim Pavlovic served on 6/14/2012, answer due 7/5/2012. Service was accepted by Kim Pavlovic. Document filed by Jacob Teitelbaum. (lnl) (Entered: 07/17/2012)
07/13/2012 16 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teietelbaum dated 7/5/2012 re: I respectfully, submit this request to the Hon. Court, to be provided with a copy of the Transcript for July 2nd if possible, I brought this action in forma pauperis status, and I am unable to obtain this transcript on my own. ENDORSEMENT: Application Denied. (Signed by Judge Vincent L. Briccetti on 7/13/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 07/16/2012)
07/16/2012 17 NOTICE OF APPEARANCE by Gregg Douglas Weinstock on behalf of Maria Petrizio (Weinstock, Gregg) (Entered: 07/16/2012)
07/16/2012 18 AFFIDAVIT OF SERVICE of Notice of Appearance served on Plaintiff and Children’s Rights Society of Orange County on 07-16-2012. Service was made by MAIL. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 07/16/2012)
07/16/2012 33 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. Kiryas Joel Comm Ambulance CRP served on 7/13/2012, answer due 8/3/2012. Service was made by MAIL. Document filed by Jacob Teitelbaum. (rj) (Entered: 07/23/2012)
07/16/2012 34 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Maria Petrizio. Attempted Service of Summons and Amended Complaint,. Service was attempted on 6/26/2012. Document filed by Jacob Teitelbaum. (rj) (Entered: 07/23/2012)
07/16/2012 36 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. David Ruberstein served on 7/3/2012, answer due 7/24/2012. Service was made by MAIL. Document filed by Jacob Teitelbaum. (rj) (Entered: 07/26/2012)
07/19/2012 22 FIRST MOTION to Dismiss. Document filed by Children’s Rights Society of Orange County, Kim Pavlovic. Return Date set for 8/10/2012 at 10:00 AM.(Mantello, Rebecca) (Entered: 07/19/2012)
07/19/2012 23 NOTICE of To Pro Se Litigant re: 22 FIRST MOTION to Dismiss.. Document filed by Children’s Rights Society of Orange County, Kim Pavlovic. (Mantello, Rebecca) (Entered: 07/19/2012)
07/19/2012 24 DECLARATION of REBECCA BALDWIN MANTELLO in Support re: 22 FIRST MOTION to Dismiss.. Document filed by Children’s Rights Society of Orange County, Kim Pavlovic. (Mantello, Rebecca) (Entered: 07/19/2012)
07/19/2012 25 FIRST MEMORANDUM OF LAW in Support re: 22 FIRST MOTION to Dismiss.. Document filed by Children’s Rights Society of Orange County, Kim Pavlovic. (Mantello, Rebecca) (Entered: 07/19/2012)
07/20/2012 26 NOTICE OF APPEARANCE by Karen M. Taddeo on behalf of Kiryas Joel Comm Ambulance CRP (Taddeo, Karen) (Entered: 07/20/2012)
07/20/2012 27 NOTICE OF APPEARANCE by Karen M. Taddeo on behalf of David Ruberstein (Taddeo, Karen) (Entered: 07/20/2012)
07/20/2012 28 MOTION to Dismiss. Document filed by Maria Petrizio. Return Date set for 8/10/2012 at 10:00 AM. (Attachments: # 1 Affidavit Gregg D. Weinstock, Esq., # 2 Exhibit 1, # 3 Exhibit 2)(Weinstock, Gregg) (Entered: 07/20/2012)
07/20/2012 29 AFFIDAVIT of Gregg D. Weinstock in Support re: 28 MOTION to Dismiss.. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 07/20/2012)
07/20/2012 30 MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss.. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 07/20/2012)
07/20/2012 31 FIRST MEMORANDUM OF LAW in Support re: 22 FIRST MOTION to Dismiss.. Document filed by Children’s Rights Society of Orange County, Kim Pavlovic. (Mantello, Rebecca) (Entered: 07/20/2012)
07/20/2012 32 AFFIDAVIT OF SERVICE of Notice of Motion, Affidavit, exhibits, Memorandum of Law served on All Parties on 07-20-2012. Service was made by MAIL. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 07/20/2012)
07/24/2012 35 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 7/20/2012 re: Plaintiff respectfully ask that the Hon. Court to consider the foregoing to save this action from possible closure, either by issuing an order barring my wife to interfere and and communicate with me about the instant action, or by allowing Mr. Friedman to take over and sue a next friend. ENDORSEMENT: Application Denied. (Signed by Judge Vincent L. Briccetti on 7/23/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 07/24/2012)
07/30/2012 37 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Children’s Rights Society of Orange County served on 7/10/2012. Document filed by Jacob Teitelbaum. (mml) (Entered: 07/31/2012)
07/30/2012 38 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Kim Pavlovic served on 7/10/2012. Document filed by Jacob Teitelbaum. (mml) (Entered: 07/31/2012)
07/31/2012 39 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Karen M. Taddeo dated 7/26/2012 re: Because Defendants Kiryas Joel and David Rubenstein have not yet been served with the Amended Complaint, it is respectfully requested that this Court conference to stay the time for these two defendants to move with respect to the Amended Complaint until service of the same has actually been effected. ENDORSEMENT: The Clerk is instructed to docket this letter. (Signed by Judge Vincent L. Briccetti on 7/31/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 07/31/2012)
07/31/2012 40 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 7/26/2012 re: Plaintiff therefore opposes the defendants request “that their time to move should be continued to stay until they are to be purportedly served” unless there is reason to believe that the Marshals would serve the defendants herein again. ENDORSEMENT: The Court reiterates it order of 7/2/12 that the time for any defendant to answer or move is stayed to answer or move is stayed pending their receipt of service of the amended complaint. At the Court’s request the Marshal will serve the amended complaint on Kiryas Joel Community Ambulance Corporation and David Rubenstein. (Signed by Judge Vincent L. Briccetti on 7/31/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 07/31/2012)
07/31/2012 41 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Karen M. Taddeo dated 7/23/2012 re: It is respectfully requested that this Court continue to stay the time for these two defendants to move with respect to the Amended Complaint until service of the same has actually been effected. ENDORSEMENT: The Clerk is instructed to docket this letter. (Signed by Judge Vincent L. Briccetti on 7/31/2012) (rj) The Clerk’s Office Has Mailed Copies. (Entered: 07/31/2012)
08/03/2012 43 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 7/30/2012 re: Plaintiff therefore opposes the defendants request “that their time to move should be continued to stay until they are to be purportedly served”, unless there is reason to believe that the Marshals would serve the Defendants herein again. ENDORSEMENT: The Clerk is instructed to docket this letter. The Court has already dealt with the issues raised in this letter (Doc.# 40). (Signed by Judge Vincent L. Briccetti on 8/3/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 08/03/2012)
08/03/2012 44 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 7/30/2012 re: Plaintiff respectfully ask the Hon. Court to extend the time to file my opposition papers for both motion to dismiss until the end of September 2012. ENDORSEMENT: Application Granted. Plaintiff’s opposition to these motions is due 9/28/12. Defendants’ replies due 10/19/12., ( Responses due by 9/28/2012, Replies due by 10/19/2012.) (Signed by Judge Vincent L. Briccetti on 8/3/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 08/03/2012)
08/20/2012 46 NOTICE of Substitution of Attorney. Old Attorney: Karen M. Taddeo, New Attorney: Jeffrey B. Siler, Address: SILER & INGBER, LLP, 301 Mineola Blvd., Mineola, NY, USA 11501, 516-294-2666. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 08/20/2012)
08/20/2012 47 NOTICE OF APPEARANCE by Jeffrey Bruce Siler on behalf of Kiryas Joel Comm Ambulance CRP (Siler, Jeffrey) (Entered: 08/20/2012)
08/20/2012 48 ACKNOWLEDGMENT OF SERVICE. Kiryas Joel Comm Ambulance CRP served on 8/13/2012, answer due 9/4/2012. Service was made by mail. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 08/20/2012)
08/24/2012 50 ACKNOWLEDGMENT OF SERVICE. Department of Social Services of Orange County served on 7/9/2012, answer due 7/30/2012. Service was made by Mail. Document filed by Department of Social Services of Orange County. (Darwin, David) (Entered: 08/24/2012)
08/24/2012 51 ACKNOWLEDGMENT OF SERVICE. Child Protectice Services of Orange County served on 7/10/2012, answer due 7/31/2012. Service was made by Mail. Document filed by Child Protectice Services of Orange County. (Darwin, David) (Entered: 08/24/2012)
08/24/2012 52 ACKNOWLEDGMENT OF SERVICE. Stephanie Bazileor served on 7/9/2012, answer due 7/30/2012. Service was made by Mail. Document filed by Stephanie Bazileor. (Darwin, David) (Entered: 08/24/2012)
08/24/2012 53 ACKNOWLEDGMENT OF SERVICE. Service was made by Mail. Document filed by Child Protectice Services of Orange County. (Darwin, David) (Entered: 08/24/2012)
08/28/2012 56 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 8/21/2012 re: Plaintiff asks the Court to enjoin the DSS from moving forward with this termination and from such similar and other actions that might intimidate and cause panic and disruption on their lives directing the DSS to leave this case in status-quo, until this Hon. Court has a chance to hear this case, or for such, other and different relief the Court deems just and proper. ENDORSEMENT: Application denied. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/28/2012) Copies Mailed By Chambers. (mml) (Entered: 08/28/2012)
08/28/2012 57 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 8/21/2012 re: Plaintiff respectfully as the Hon. Court to clarify from when the 60 days Defendants would have to answer starts, whether it would be from the time of receipt on August 3rd, as per the Court’s prior ruling, or rather from the time of receipt acknowledge August 19. ENDORSEMENT: Application Denied. Plaintiff is referred to the Court’s ruling of 7/2/12 (on the record) and 7/31/2012 (Doc.#40). (Signed by Judge Vincent L. Briccetti on 8/28/2012) Copies Mailed By Chambers. (rj) (Entered: 08/28/2012)
09/12/2012 67 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. Christine Brunet served on 8/24/2012, answer due 9/14/2012. Service was made by MAIL. Document filed by Jacob Teitelbaum. (rj) (Entered: 09/28/2012)
09/12/2012 83 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Child Protectice Services of Orange County served on 8/24/2012, answer due 9/14/2012. Service was made by MAIL. Document filed by Jacob Teitelbaum. (lnl) (Entered: 10/16/2012)
09/12/2012 84 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Stephanie Bazileor served on 8/24/2012, answer due 9/14/2012. Service was made by MAIL. Document filed by Jacob Teitelbaum. (lnl) (Entered: 10/16/2012)
09/12/2012 85 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Department of Social Services of Orange County served on 8/24/2012, answer due 9/14/2012. Service was made by MAIL. Document filed by Jacob Teitelbaum. (lnl) (Entered: 10/16/2012)
09/21/2012 60 FILING ERROR – DEFICIENT DOCKET ENTRY – FIRST MOTION to Dismiss Plaintiff’s Pro Se Amended Complaint. Document filed by Kiryas Joel Comm Ambulance CRP. Responses due by 10/9/2012 Return Date set for 10/25/2012 at 10:00 AM. (Attachments: # 1 Notice to Pro Se Litigant, # 2 Attorney Declaration, # 3 Memorandum of Law, # 4 Copies of Unpublished or Exclusively Reported Cases Cited In Said Memorandum, # 5 Affidavit of Service)(Sheehan, Spencer) Modified on 9/24/2012 (ldi). (Entered: 09/21/2012)
09/21/2012 61 NOTICE OF CHANGE OF ADDRESS by Spencer Sheehan on behalf of Kiryas Joel Comm Ambulance CRP. New Address: Siler & Ingber, 301 Mineola Boulevard, Mineola, NY, United States 11501, (516) 294-2666. (Sheehan, Spencer) (Entered: 09/21/2012)
09/21/2012 62 AFFIDAVIT OF SERVICE of NOTICE OF MOTION, NOTICE TO PRO SE LITIGANT, ATTORNEY DECLARATION, MEMORANDUM OF LAW and COPIES OF UNPUBLISHED OR EXCLUSIVELY REPORTED CASES CITED IN SAID MEMORANDUM served on David Darwin on September 21, 2012. Service was made by Mail. Document filed by Kiryas Joel Comm Ambulance CRP. (Sheehan, Spencer) (Entered: 09/21/2012)
09/21/2012 63 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 9/9/2012 re: Plaintiff respectfully ask this Honorable Court to extend the time to file his opposition papers for both pending motions until November 5th, 2012, with the Defendants filing their reply by November 30th, 2012. ENDORSEMENT: Application Granted., ( Responses due by 11/5/2012, Replies due by 11/30/2012.) (Signed by Judge Vincent L. Briccetti on 9/21/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 09/24/2012)
09/21/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT – DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Spencer Sheehan to RE-FILE Document 60 FIRST MOTION to Dismiss Plaintiff’s Pro Se Amended Complaint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 09/24/2012)
09/25/2012 64 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from David L. Darwin dated 9/24/2012 re: We respectfully request the Court allow the defendant until October 8, 2012 to file and serve its papers in response to the Amended Complaint. ENDORSEMENT: Application Granted., ( Responses due by 10/8/2012) (Signed by Judge Vincent L. Briccetti on 9/25/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 09/25/2012)
09/27/2012 68 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from David L. Darwin dated 9/24/2012 re: Defendants respectfully request the Court allow the defendants until October 8, 2012 to file and serve its papers in response to the Amended Complaint. ENDORSEMENT: Application Granted., Stephanie Bazileor answer due 10/8/2012; Christine Brunet answer due 10/8/2012; Child Protective Services of Orange County answer due 10/8/2012; Children’s Rights Society of Orange County answer due 10/8/2012. (Signed by Judge Vincent L. Briccetti on 9/27/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 09/28/2012)
09/27/2012 69 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 9/24/2012 re: Plaintiff respectfully ask that the Honorable Court to extend the time to file his opposition papers for the Motion to dismiss of Defendant Kiryas Joel Comm Ambulance CRP until November 15th and defendants then filing their reply by November 30th, 2012. ENDORSEMENT: Plaintiff’s time to respond to the motion of Kiryas Joel Ambulance Corp. is extended to 11/5/12. Defendant’s reply will be due 11/30/12., ( Responses due by 11/5/2012, Replies due by 11/30/2012.) (Signed by Judge Vincent L. Briccetti on 9/26/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 09/28/2012)
10/01/2012 86 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Chaya Katz served on 9/14/2012, answer due 10/5/2012. Service was accepted by Chaya Katz. Document filed by Jacob Teitelbaum. (lnl) (Entered: 10/16/2012)
10/01/2012 87 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Bluma Tennenbaum served on 6/29/2012, answer due 7/20/2012. Service was made by Bluma Tannenbaum. Document filed by Jacob Teitelbaum. (lnl) (Entered: 10/16/2012)
10/01/2012 88 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Juda Katz served on 9/14/2012, answer due 10/5/2012. Service was accepted by Chaya Katz. Document filed by Jacob Teitelbaum. (lnl) (Entered: 10/16/2012)
10/05/2012 70 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Juda Katz, Chaya Katz, Joel Tanenbaum and Bluma Tennenbaum re: The named defendants are unable to hire an attorney to represent them. ENDORSEMENT: The Court construes this letter as an application to join in the motion of the Children’s Rights Society and Kim Pavlovic to dismiss the complaint. The application is granted, and the undersigned defendants are permitted to join in the motions. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/5/2012) The Clerks Office Has Mailed Copies. (mml) (Entered: 10/05/2012)
10/09/2012 71 MOTION to Dismiss. Document filed by Stephanie Bazileor, Christine Brunet, Child Protectice Services of Orange County, Department of Social Services of Orange County.(Darwin, David) (Entered: 10/09/2012)
10/09/2012 72 NOTICE of Notice to Pro Se Litigant. Document filed by Stephanie Bazileor, Christine Brunet, Child Protectice Services of Orange County, Department of Social Services of Orange County. (Darwin, David) (Entered: 10/09/2012)
10/09/2012 73 MEMORANDUM OF LAW in Support re: 71 MOTION to Dismiss.. Document filed by Stephanie Bazileor, Christine Brunet, Child Protectice Services of Orange County, Department of Social Services of Orange County. (Darwin, David) (Entered: 10/09/2012)
10/09/2012 74 DECLARATION of DAVID L. DARWIN, Esq. in Support re: 71 MOTION to Dismiss.. Document filed by Stephanie Bazileor, Christine Brunet, Child Protectice Services of Orange County, Department of Social Services of Orange County. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Darwin, David) (Entered: 10/09/2012)
10/10/2012 75 DECLARATION of DAVID L. DARWIN, Esq. in Support re: 71 MOTION to Dismiss.. Document filed by Stephanie Bazileor, Christine Brunet, Child Protectice Services of Orange County, Department of Social Services of Orange County. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Darwin, David) (Entered: 10/09/2012)
10/10/2012 76 FILING ERROR – DEFICIENT DOCKET ENTRY – NOTICE of To Pro Se Litigant re: 75 FIRST MOTION to Dismiss.. Document filed by Kiryas Joel Comm Ambulance CRP. (Sheehan, Spencer) Modified on 10/11/2012 (ldi). (Entered: 10/10/2012)
10/10/2012 77 FILING ERROR – DEFICIENT DOCKET ENTRY – DECLARATION of Spencer Sheehan in Support re: 75 FIRST MOTION to Dismiss.. Document filed by Kiryas Joel Comm Ambulance CRP. (Sheehan, Spencer) Modified on 10/11/2012 (ldi). (Entered: 10/10/2012)
10/10/2012 78 AFFIDAVIT OF SERVICE of Motion Papers served on JACOB TEITELBAUM on 09/21/2012. Service was made by Mail. Document filed by Kiryas Joel Comm Ambulance CRP. (Attachments: # 1 Affidavit)(Sheehan, Spencer) (Entered: 10/10/2012)
10/10/2012 79 AFFIDAVIT OF SERVICE of Defendant Orange County Notice of Motion to Dismiss, Notice to Pro Se Litigant, Memorandum of Law in Support of Defendants’ Orange County’s Motion to Dismiss, Attorney Declaration with exhibits and copies of unreported cases served on Jacob Teitelbaum on 10/9/12. Service was made by Overnight mail. Document filed by Stephanie Bazileor, Christine Brunet, Child Protectice Services of Orange County, Department of Social Services of Orange County. (Darwin, David) (Entered: 10/10/2012)
10/10/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT – EVENT TYPE ERROR. Note to Attorney Spencer Sheehan to RE-FILE Document 75 FIRST MOTION to Dismiss. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***NOTE*** You must first file a Motion to Dismiss, then file and link supporting documents. (ldi) (Entered: 10/11/2012)
10/10/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT – DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Spencer Sheehan to RE-FILE Document 76 Notice (Other), 77 Declaration in Support of Motion. ERROR(S): Documents linked to filing error. (ldi) (Entered: 10/11/2012)
10/11/2012 89 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. John Francis X. Burke served on 9/24/2012, answer due 10/15/2012. Service was accepted by Julie Turi. Document filed by Jacob Teitelbaum. (lnl) (Entered: 10/16/2012)
10/11/2012 90 MARSHAL’S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Joel Tennenbaum served on 9/14/2012, answer due 10/5/2012. Service was accepted by Bluma Tannenbaum. Document filed by Jacob Teitelbaum. (lnl) (Entered: 10/16/2012)
10/12/2012 80 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Spencer Sheehan dated 10/10/2012 re: Since my initial filing on September 21, 2012, the names and address of other co defendants have been added to parties on ECF. Specifically, these co defendants are Bluma Tennenbaum, Chaya Katz, Joel Tennenbaum and Juda Katz. Since these co defendants were not listed as noticed parties on the dated of my initial filing on September 21, 2012, I did not intend to serve them with the refiled document. ENDORSEMENT: Counsel should serve all parties including those not listed as of 9/21/12. (Signed by Judge Vincent L. Briccetti on 10/11/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 10/12/2012)
10/12/2012 81 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from David L. Darwin dated 10/10/2012 re: Counsel for Defendants respectfully request leave to file and serve and amended declaration for the purpose of including the Amended Complaint as an Exhibit. ENDORSEMENT: Application Granted. (Signed by Judge Vincent L. Briccetti on 10/11/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 10/12/2012)
10/15/2012 82 DECLARATION of David L. Darwin in Support re: 71 MOTION to Dismiss.. Document filed by Stephanie Bazileor, Christine Brunet, Child Protectice Services of Orange County, Department of Social Services of Orange County. (Attachments: # 1 Exhibit Exhibits A-H, # 2 Exhibit Exhibits I-M, # 3 Exhibit Exhibits N-P)(Darwin, David) (Entered: 10/15/2012)
10/16/2012 91 AFFIDAVIT OF SERVICE of Amended Attorney Declaration served on Jacob Teitelbaum, Jeffrey Siler, Esq., Gregg D. Weinstock, Esq., and Rebecca Baldwin Mantello, Esq. on 10/16/12. Service was made by Mail. Document filed by Stephanie Bazileor, Christine Brunet, Child Protectice Services of Orange County, Department of Social Services of Orange County. (Darwin, David) (Entered: 10/16/2012)
10/22/2012 93 FIRST MOTION to Dismiss. Document filed by Kiryas Joel Comm Ambulance CRP. Responses due by 10/25/2012 Return Date set for 10/25/2012 at 10:00 AM.(Sheehan, Spencer) (Entered: 10/22/2012)
10/22/2012 94 DECLARATION of Spencer Sheehan in Support re: 93 FIRST MOTION to Dismiss.. Document filed by Kiryas Joel Comm Ambulance CRP. (Sheehan, Spencer) (Entered: 10/22/2012)
10/22/2012 95 NOTICE of To Pro Se Litigant re: 93 FIRST MOTION to Dismiss.. Document filed by Kiryas Joel Comm Ambulance CRP. (Sheehan, Spencer) (Entered: 10/22/2012)
10/22/2012 96 FILING ERROR – DEFICIENT DOCKET ENTRY (SEE DOCUMENT #97) – FIRST MEMORANDUM OF LAW in Support re: 93 FIRST MOTION to Dismiss. Document filed by Kiryas Joel Comm Ambulance CRP. (Sheehan, Spencer) Modified on 10/23/2012 (ldi). (Entered: 10/22/2012)
10/22/2012 97 FIRST MEMORANDUM OF LAW in Support re: 93 FIRST MOTION to Dismiss.. Document filed by Kiryas Joel Comm Ambulance CRP. (Attachments: # 1 Exhibit)(Sheehan, Spencer) (Entered: 10/22/2012)
10/23/2012 98 AFFIDAVIT OF SERVICE of NOTICE OF MOTION, NOTICE TO PRO SE LITIGANT, ATTORNEY DECLARATION, MEMORANDUM OF LAW, COPIES OF UNPUBLISHED OR EXCLUSIVELY REPORTED CASES CITED IN SAID MEMORANDUM and AFFIDAVITS OF SERVICE served on Bluma Tennenbaum, Joel Tennenbaum, Chaya Katz, Juda Katz on 10/23/2012. Service was made by Mail. Document filed by Kiryas Joel Comm Ambulance CRP. (Sheehan, Spencer) (Entered: 10/23/2012)
10/23/2012 99 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 10/11/2012 re: Prose plaintiff kindly request from the honorable court to dismiss all the above pending motions, and order all defendant’s to answer the amended compliant by November 15th, 2012. ENDORSEMENT: Application Denied. Plaintiff has until November 5, 2012, to serve and file his opposition to all of the pending motion to dismiss. Replies, if any, are due by 11/30/12., ( Responses due by 11/5/2012, Replies due by 11/30/2012.) (Signed by Judge Vincent L. Briccetti on 10/22/2012) Copies Mailed By Chambers. (rj) (Entered: 10/23/2012)
10/23/2012 100 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gregg D. Weinstock dated 10/16/2012 re: Defense counsel writes to the Court in response to the plaintiff’s letter dated October 11, 2012. In that letter, he ask the Court to dismiss our motion to dismiss as well as the motions of several co- defendants on the basis that he needs answers and discovery to respond. ENDORSEMENT: Clerk is directed to docket this letter. (Signed by Judge Vincent L. Briccetti on 10/22/2012) (rj) (Entered: 10/23/2012)
11/05/2012 105 ANSWER in Opposition re: 93 FIRST MOTION to Dismiss. Document filed by Jacob Teitelbaum. (fk) (Entered: 11/16/2012)
11/10/2012 101 REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss.. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 11/10/2012)
11/10/2012 102 AFFIDAVIT OF SERVICE of Reply Memorandum of Law served on All Parties on 11-10-2012. Service was made by MAIL. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 11/10/2012)
11/14/2012 103 FIRST REPLY MEMORANDUM OF LAW in Support re: 22 FIRST MOTION to Dismiss.. Document filed by Children’s Rights Society of Orange County, Kim Pavlovic. (Mantello, Rebecca) (Entered: 11/14/2012)
11/14/2012 104 CERTIFICATE OF SERVICE of REPLY MEMORANDUM OF LAW served on JACOB TEITELBAUM, BLUMA AND JOEL TENNENBAUM, CHAYA AND JUDA KATZ on 11/14/2012. Service was made by MAIL. Document filed by Child Protectice Services of Orange County, Kim Pavlovic. (Mantello, Rebecca) (Entered: 11/14/2012)
11/30/2012 106 REPLY AFFIRMATION of David L. Darwin in Support re: 71 MOTION to Dismiss.. Document filed by Department of Social Services of Orange County. (Darwin, David) (Entered: 11/30/2012)
11/30/2012 107 REPLY MEMORANDUM OF LAW in Support re: 71 MOTION to Dismiss.. Document filed by Department of Social Services of Orange County. (Darwin, David) (Entered: 11/30/2012)
11/30/2012 108 CERTIFICATE OF SERVICE of Reply Memorandum of Law and Attorney Declaration served on Jacob Teitelbaum on Nov. 30, 2012. Service was made by Mail. Document filed by Department of Social Services of Orange County. (Darwin, David) (Entered: 11/30/2012)
12/18/2012 109 NOTICE of Substitution of Attorney. Old Attorney: Karen M. Taddeo, New Attorney: Terence S. Hannigan, Address: Hannigan Law Firm PLLC, 1881 Western Avenue, Suite 140, Albany, NY, US 12203, 518-869-9911. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 12/18/2012)
12/18/2012 110 NOTICE OF APPEARANCE by Terence S. Hannigan on behalf of David Ruberstein (Hannigan, Terence) (Entered: 12/18/2012)
12/18/2012 111 FIRST MOTION to Dismiss. Document filed by David Ruberstein. Responses due by 1/2/2013 Return Date set for 1/11/2013 at 10:00 AM.(Hannigan, Terence) (Entered: 12/18/2012)
12/18/2012 112 NOTICE of Pursuant to Local Rule 12.1 re: 111 FIRST MOTION to Dismiss.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 12/18/2012)
12/18/2012 113 AFFIDAVIT of Terence S. Hannigan in Support re: 111 FIRST MOTION to Dismiss.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 12/18/2012)
12/18/2012 114 AFFIDAVIT of David Rubenstein in Support re: 111 FIRST MOTION to Dismiss.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 12/18/2012)
12/18/2012 115 FIRST MEMORANDUM OF LAW in Support re: 111 FIRST MOTION to Dismiss.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 12/18/2012)
12/18/2012 116 DECLARATION of Terence S. Hannigan in Support re: 111 FIRST MOTION to Dismiss.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 12/18/2012)
12/18/2012 117 AFFIDAVIT OF SERVICE of Notice of Motion, Memorandum of Law, Attorney Affidavit, Affidavit of David Rubenstein, Notice Pursuant to Local Rule 12.1, Attorney Declaration, copies of unpublished cases served on Jacob Teitelbaum, Bluma Tennenbaum, Joel Tennenbaum, Chaya Katz, Juda Katz on 12/18/2012. Service was made by Mail. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 12/18/2012)
12/20/2012 118 SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil 1.4, that the Hannigan Law Firm PLLC hereby is substituted in place and in the stead of the law firm of Taddeo & Shahan, LLP as counsel of record for defendant David Rubenstien in the above captioned action. (Signed by Judge Vincent L. Briccetti on 12/20/2012) The Clerks Office Has Mailed Copies. (rj) (Entered: 12/21/2012)
01/02/2013 121 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 12/23/2012 re: Plaintiff asks the Court to dismiss Defendant Rubenstein’s Motion to Dismiss, or, in the alternative, to extend the time to serve Defendant David Rubenstein with the Amended Complaint. ENDORSEMENT: Plaintiff’s request that the Court “dismiss” Rubenstein’s motion is DENIED. Plaintiff is directed to submit his opposition to all of the oral arguments raised in Rubenstein’s motion by 1/31/2013. Rubenstein’s reply, if any, is due 2/14/2013. SO ORDERED. (Responses due by 1/31/2013, Replies due by 2/14/2013.) (Signed by Judge Vincent L. Briccetti on 12/28/2012) The Clerks Office Has Mailed Copies. (mml) (Entered: 01/02/2013)
01/02/2013 122 ENDORSED LETTER addressed to Judge Vincent Briccetti from Terrence S. Hannigan, dated 12/28/2012, re: Counsel for David Rubenstein writes: In regard to Mr. Teitelbaum’s letter of December 23, 2012, we have no objection to his request for an extension of time to serve opposition papers. ENDORSEMENT: Clerk is instructed to docket this letter. (Signed by Judge Vincent L. Briccetti on 1/2/2013) The Clerks Office Has Mailed Copies. (lnl) (Entered: 01/02/2013)
01/02/2013 123 ENDORSED LETTER addressed to Judge Vincent Briccetti from Jacob Teitelbaum, dated 1/1/2013, re: Plaintiff writes to ask the Court to extend the time for him to file his opposition papers to the rest of the additional motions to dismiss at a minimum until January 31th 2013, with the Defendant filing his reply by February 28th 2013. ENDORSEMENT: Clerk is instructed to docket this letter. (Signed by Judge Vincent L. Briccetti on 1/2/2013) The Clerks Office Has Mailed Copies. (lnl) (Entered: 01/02/2013)
01/11/2013 126 Objection to plaintiff’s request that the Court order discovery. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 01/11/2013)
01/14/2013 127 MOTION for Default Judgment as to attorney, John Francis X. Burke. Document filed by Jacob Teitelbaum.(sc) (Entered: 01/15/2013)
01/23/2013 128 SECOND ANSWER IN OPPOSITION TO MOTION TO DISMISS re: 111 FIRST MOTION to Dismiss. Document filed by Jacob Teitelbaum. (rj) (Entered: 01/23/2013)
01/25/2013 129 ORDER TO SHOW CAUSE FOR PARTIAL DEFAULT JUDGMENT John Francis X Burke shall show cause as to why a default should not be entered against it pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure and why the plaintiff should not have such other and further relief as may be just as proper. Ordered that a copy of this order and the papers upon which it is based be served by February 1, 2013, by mailing a copy by first class mail to the Defendant at the address below 210 Main Street, P.O. Box Box 943, Goshen NY, 10924. Show Cause Hearing set for 2/20/2013 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 1/24/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 01/25/2013)
01/31/2013 133 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 1/27/2013 re: in light of recent increased terror by defendants to stop me from continuing this Federal action, I kindly and respectfully request this Honorable Court to allow me to send urgent correspondence to Chambers by fax, in order to avoid long delays by mail, or difficult and expensive transportation. ENDORSEMENT: Application Denied. (Signed by Judge Vincent L. Briccetti on 1/30/2013) Copies Mailed By Chambers. (rj) (Entered: 01/31/2013)
01/31/2013 134 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 1/27/2013 re: I kindly and respectfully request that the Honorable Court allow me to communicate and send correspondence through my friend Ben Friedman. ENDORSEMENT: Application Denied. (Signed by Judge Vincent L. Briccetti on 1/30/2013) Copies Mailed By Chambers. (rj) (Entered: 01/31/2013)
01/31/2013 135 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 1/27/2013 re: Accordingly, it would be important that my Wife be added as a named Defendant in this action to help me continue with this Federal action. ENDORSEMENT: Application Denied. Plaintiff’s request to amend complaint to add his wife as a defendant is DENIED, because plaintiff has failed to set forth facts sufficient to demonstrate that such an amendment would not be futile. (Signed by Judge Vincent L. Briccetti on 1/30/2013) Copies Mailed By Chambers. (rj) (Entered: 01/31/2013)
02/11/2013 138 MEMORANDUM DECISION terminating 22 Motion to Dismiss; terminating 28 Motion to Dismiss; terminating 71 Motion to Dismiss; terminating 93 Motion to Dismiss; terminating 111 Motion to Dismiss. Defendants’ motions to dismiss are GRANTED. Plaintiff is granted leave to file a second amended complaint by no later than March 11, 2013, for the sole purpose of alleging sufficient facts to support a Section 1983 or 1985 claim against Kiryas Joel EMS and/or Rubenstein. The Clerk is instructed to terminate the motions. (Docs. ## 22, 28, 71, 93, 111). 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). (Signed by Judge Vincent L. Briccetti on 2/11/2013) Copies Mailed By Chambers. (rj) (Entered: 02/13/2013)
02/19/2013 140 AFFIDAVIT of Patrick T. Burke in Opposition re: 127 MOTION for Default Judgment as to.. Document filed by John Francis X. Burke. (Burke, Patrick) (Entered: 02/19/2013)
02/19/2013 141 MEMORANDUM OF LAW in Opposition re: 127 MOTION for Default Judgment as to.. Document filed by John Francis X. Burke. (Burke, Patrick) (Entered: 02/19/2013)
02/20/2013 Minute Entry for proceedings held before Judge Vincent L. Briccetti: Court Reporter: Christina Arends-Dieck. Hearing on Order to show cause for default against John Burke is denied. Clerk is directed to terminate #127. Dft Burkes time to answer or move is extended until 3-6-13, response is due 4-8-13, reply 4-22-13. A letter is due regarding the status of service on 4 defendants by 3-22-13.Show Cause Hearing held on 2/20/2013, ( Replies due by 4/22/2013., Responses due by 4/8/2013). (Court Reporter Christina Arends-Dieck) (rj) (Entered: 02/20/2013)
02/20/2013 142 ORDER:After consultation with plaintiff and counsel for defendant Burke at a conference held on February 20, 2013 For the reasons stated on the record, plaintiff’s motion for a default judgment against Burke is DENIED. The clerk is directed to terminate that motion (Doc. #127). Burke shall file and serve his motion to dismiss by March 6, 2013. Plaintiff shall file his opposition by April 8, 2013, and Burke shall file his reply, if any, by April 22, 2013. The docket. The docket indicates defendants Jada Katz, Chaya Katz, Joel Tennenbaum, and Bluma Tennenbaum were served with the amended complaint on September 14, 2012 (Doc. ##86, 87, 88, 90). Those defendants have not answered or otherwise responded to the amended complaint. By March 22, 2013, plaintiff shall inform the Court, in writing, whether he intends to (1) move for a default judgment with respect to those defendants, or (2) voluntarily dismiss his claims against them. Motions due by 3/6/2013. Responses due by 4/8/2013 Replies due by 4/22/2013. (Signed by Judge Vincent L. Briccetti on 2/20/2013) Copies Mailed By Chambers. (rj) (Entered: 02/21/2013)
02/22/2013 144 NOTICE OF APPEARANCE by Patrick Thomas Burke on behalf of John Francis X. Burke (Burke, Patrick) (Entered: 02/22/2013)
02/22/2013 145 ORDER: Having now carefully reviewed the allegations in the amended complaint with respect to the Katzes and the Tennenbaums, the Court finds plaintiff has failed to set forth facts sufficient to show that the Katzes and Tennenbaums were state actors for purposes of Section 1983, for substantially the same reasons the Court made the same finding with respect to defendants Kiryas Joel EMS and Rubenstein. (See 2/11/13 Mem. Dec. at 12). Further, plaintiff has failed to allege any facts giving rise to a plausible claim that the Katzes or Tennenbaums conspired with others to deprive plaintiff of his constitutional rights in violation of Sections 1983 or 1985. In its February 11, 2013, decision, in consideration of the fact that plaintiff is proceeding pro se, the Court granted plaintiff leave to further amend his complaint with respect to his claims against Kiryas Joel EMS and Rubenstein, and directed plaintiff to file any amended pleading by March 11, 2013. The Court similarly grants plaintiff leave to further amend his complaint with respect to his claims against the Katzes and Tennenbaums; specifically, to allege facts demonstrating that the Katzes and Tennenbaums were state actors for purposes of Section 1983, and that they conspired to deprive plaintiff of his constitutional rights. Plaintiffs time to file a second amended complaint is extended to April 12, 2013. (Signed by Judge Vincent L. Briccetti on 2/22/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 02/22/2013)
02/22/2013 Set/Reset Deadlines: Amended Pleadings due by 4/12/2013. (rj) (Entered: 02/22/2013)
02/25/2013 147 MOTION to Dismiss. Document filed by John Francis X. Burke.(Burke, Patrick) (Entered: 02/25/2013)
02/25/2013 148 AFFIDAVIT of Patrick T. Burke in Support re: 147 MOTION to Dismiss.. Document filed by John Francis X. Burke. (Burke, Patrick) (Entered: 02/25/2013)
02/25/2013 149 MEMORANDUM OF LAW in Support re: 147 MOTION to Dismiss.. Document filed by John Francis X. Burke. (Burke, Patrick) (Entered: 02/25/2013)
02/26/2013 152 MOTION for Reconsideration re; 138 Order on Motion to Dismiss,. Document filed by Jacob Teitelbaum.(rj) (Entered: 02/26/2013)
02/27/2013 153 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 2/25/2013 re: Plaintiff respectfully request this Honorable Court grant an extension of two weeks until March 12th, 2013 to perfect this motion for reconsideration. ENDORSEMENT: Application Granted. Plaintiff shall be permitted to supplement his motion for reconsideration by no later than March 12, 2013. Defendants are directed not to submit any opposition to said motion unless requested to do so by the Court. (Signed by Judge Vincent L. Briccetti on 2/27/2013) Copies Mailed By Chambers. (rj) (Entered: 02/27/2013)
02/27/2013 Set/Reset Deadlines: Motions due by 3/12/2013. (rj) (Entered: 02/27/2013)
02/28/2013 154 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 2/27/2013 re: Plaintiff respectfully requests this Hon. Court leave to amend against the above defendant and to provide a clarification regarding with which group the Court places this Defendant. ENDORSEMENT: Clerk directed to docket this letter. (Signed by Judge Vincent L. Briccetti on 2/28/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 02/28/2013
02/28/2013 155 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 2/27/2013 re: Plaintiff respectfully request 1) clarification from the Hon. Court, which claims Plaintiff can amend against defendants Kiyras Joel EMS and Rubenstein 2) Plaintiff kindly requests that the two weeks extra time to perfect the Motion to Reconsider to start from when the Court issues a clarification as to the above, allowing Plaintiff enough time to consider the arguments for the motion. ENDORSEMENT: Clerk directed to docket this letter. (Signed by Judge Vincent L. Briccetti on 2/28/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 02/28/2013)
02/28/2013 156 ORDER: This Order resolves all the various applications made in plaintiff’s two letters dated February 27, 2013, both of which will be docketed. 1. As to defendants Kiryas Joel EMS and Rubenstein, plaintiff is referred to page 13 of the Court’s Memorandum Decision dated February 11, 2013 (Doc. #138), which states, “Plaintiff is granted leave to file a second amended complaint by no later than March 11, 2013, for the sole purpose of alleging sufficient facts to support section 1983 or 1985 claim against Kiryas Joel EMS and Rubenstein.” 2) As to defendants Juda Katz, Chaya Katz, Joel Tennenbaum, and Bluma Tennenbaum, in its Order dated February 22, 2013 (Doc. # 145), after finding that plaintiff had failed to state a claim under Sections 1983 and 1985, the Court granted leave to plaintiff to file a second amended complaint as to these four defendants specifically to allege facts demonstrating that the Katzes and Tennebaums were state actors for purposes of Section 1983 and that they conspired to deprive plaintiff of his constitutional rights under Sections 1983 or 1985. 3) The deadline for plaintiff to file a second amended complaint solely with respect to defendants Kiryas Joel EMS, Rubenstein, Juda Katz, Chaya Katz, Joel Tennenbaum, and Bluma Tennenbaum, has already been extended to April 12, 2013. (Doc. # 145). No extensions of this deadline will be granted. 4) Plaintiff’s request for “extra time to perfect the Motion to Reconsider” is denied, except as follows: As the Court previously ordered, plaintiff shall be permitted to supplement his motion for Reconsideration by no later than March 12, 2013. ( See Order dated Feb. 27, 2013; Doc.# 153) No extensions of this deadline will be granted. 5)As to defendant Burke, plaintiff shall file his response to Burke’s motion to dismiss by April 8, 2013, setting forth any and all arguments he may have in opposition thereto, and Burke shall file his reply, if any, by April 22, 2013. No extension of these deadline will be granted. 6)Plaintiff’s request for leave to amend as to defendant Burke is denied. Plaintiff may renew his motion for leave to amend as to Burke at the time he submits his opposition to Burke’s motion to dismiss. 7) Plaintiff’s request to include [defendant Burke] in the Motion for Reconsideration “is denied as premature. The Court has not yet ruled on Burke’s motion to dismiss. (Signed by Judge Vincent L. Briccetti on 2/28/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 02/28/2013)
03/04/2013 159 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 3/3/2013 re: The Plaintiff respectfully requests the Hon. Court to further clarify it’s February 11th Decision, regarding the grounds for differentiation between the Defendants allowed and those disallowed from the Plaintiff’s ability to amend, and, if still applicable, how to treat defendant John Burke in light of his Motion relying on February 11th Decision. ENDORSEMENT: Application Denied. (Signed by Judge Vincent L. Briccetti on 3/4/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 03/04/2013)
03/05/2013 161 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Jacob Teitelbaum dated 3/5/2013 re: I apologize if this is inappropriate but I am very confused in how to address the various defendants. I am not seeking any extensions of other special considerations. I just want to make sure that I am complying with the Court’s Orders. If Your Honor could reference my letter of March 3, 2013 with the knowledge that I am only looking for clarification it may be helpful. ENDORSEMENT: Plaintiff is directed to comply with the Court’s Order of 2/28/13 (Doc. # 156)as best he can. No further clarification is warranted or necessary. (Signed by Judge Vincent L. Briccetti on 3/5/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 03/06/2013)
03/08/2013 162 MOTION to Appoint a Next Friend. Document filed by Jacob Teitelbaum. (lnl) (Entered: 03/11/2013)
03/08/2013 163 AFFIDAVIT in Support of 162 MOTION to Appoint a Next Friend. Document filed by Jacob Teitelbaum. (lnl) (Entered: 03/11/2013)
03/11/2013 164 AMENDED MOTION for Reconsideration re; 152 MOTION for Reconsideration re; 138 Order on Motion to Dismiss. Document filed by Jacob Teitelbaum.(fk) (Entered: 03/14/2013)
03/19/2013 165 ORDER terminating 152 Motion for Reconsideration ; terminating 164 Motion for Reconsideration. Pending before the Court is plaintiff’s motion for reconsideration (Docs. # 152, 164) of the Court’s Memorandum Decision dated February 11, 2013, which granted several of defendants’ motions to dismiss. (Doc. # 138) Plaintiff’s motion does not demonstrate an intervening change in the law, the availability of new evidence, or the need to correct clear error or prevent manifest injustice. Having carefully reviewed plaintiff’s motion, the Court concludes that it has not overlooked facts properly before the Court or controlling precedent, and that the original decision was neither clearly erroneous nor manifestly unjust. To the contrary, the Court believes its original decision was correct on the the facts of the law. Accordingly, the motion for reconsideration is DENIED. The clerk is instructed to terminate the motion. (Docs.# 152, 164). (Signed by Judge Vincent L. Briccetti on 3/19/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 03/20/2013)
04/02/2013 166 MEMORANDUM DECISION terminating 162 Motion re: 162 MOTION to Appoint a Next Friend. Mr. Friedmans motion to be appointed plaintiffs next friend is DENIED. The Clerk is instructed to terminate the motion. (Doc. #162).Plaintiffs time to file a second amended complaint solely with respect to defendants Kiryas Joel EMS, Rubenstein, Juda Katz, Chaya Katz, Joel Tennenbaum, and Bluma Tennenbaum is extended to May 2, 2013. The other deadlines set forth in the Courts Order dated February 28, 2013 (Doc. #156) shall remain in effect.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). (Signed by Judge Vincent L. Briccetti on 4/2/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 04/02/2013)
04/02/2013 Set/Reset Deadlines: Amended Pleadings due by 5/2/2013. (rj) (Entered: 04/02/2013)
04/17/2013 168 MEMORANDUM DECISION: On April 12, 2013, plaintiff filed a “motion for protection,” in which he asks the Court to “protect plaintiffs rights” by temporarily “allow[ing] Mr. Ben Friedman to continue this action without plaintiffs involvement. The Court treats plaintiff”s request as a renewed motion to appoint Mr. Friedman as plaintiff’s “next friend.” The motion is DENIED for the reasons stated in the Courts April 2, 2013, memorandum decision (Doc. #166). In his motion, plaintiff also alleges that his “ability to access the court[,] despite numerous attempts, to communicate or make timely filings has been hampered.” However, plaintiff fails to explain how, exactly, he has been prevented from communicating or filing with the Court, or by whom. Similarly, plaintiff states without elaboration that he “wishes to continue this action, [but his] rights are continually violated and his access to court blocked and is in need of protection.” Again, plaintiff fails to identify what unnamed forces are violating his rights and/or prohibiting his access to the Court. Therefore, the Court finds plaintiff is not entitled to any court-ordered “protection.” Finally, the Court reminds plaintiff that failure to comply with the various deadlines set forth in the Courts order dated February 28, 2013 (Doc. #156), and memorandum decision dated April 2, 2013 (Doc. #166), may result in his case being dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). 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). (Signed by Judge Vincent L. Briccetti on 4/17/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 04/17/2013)
04/18/2013 170 MOTION Protection. Document filed by Jacob Teitelbaum. (Attachments: # 1 Exhibit)(rj) (Entered: 04/18/2013)
04/29/2013 171 NOTICE OF MOTION FOR LEAVE TO AMEND & SUPPLEMENT; re: 11 Amended Complaint. Return Date: 5/29/2013 @ 10:00 A.M. Document filed by Jacob Teitelbaum.(sc) Modified on 4/29/2013 (sc). (Entered: 04/29/2013)
04/29/2013 172 MOTION FOR LEAVE TO AMEND & SUPPLEMENT; re: 11 Amended Complaint. Document filed by Jacob Teitelbaum.(sc) Modified on 4/29/2013 (sc). Modified on 4/29/2013 (sc). (Entered: 04/29/2013)
04/29/2013 173 NOTICE OF MOTION FOR PROTECTIVE ORDER & APPOINTMENT OF FRIEND. Return Date: 5/29/2013 @ 10:00 A.M. Document filed by Jacob Teitelbaum.(sc) Modified on 4/29/2013 (sc). (Entered: 04/29/2013)
04/29/2013 174 MOTION FOR PROTECTIVE ORDER & APPOINTMENT OF NEXT FRIEND; re: for the issuance of a protective order and appointment of Benzion P. Friedman as representative of plaintiff Jacob Teitelbaum . Document filed by Jacob Teitelbaum.(sc) Modified on 4/29/2013 (sc). (Entered: 04/29/2013)
04/29/2013 175 NOTICE OF MOTION TO REVERT POSITION & PRESERVE JUSTICE; Re: for an order to revert its position back to neutral etc. Document filed by Jacob Teitelbaum. Return Date set for 5/29/2013 at 10:00 AM.(sc) Modified on 4/29/2013 (sc). (Entered: 04/29/2013)
04/29/2013 176 MOTION TO REVERT POSITION & PRESERVE JUSTICE. Document filed by Jacob Teitelbaum.(sc) (Entered: 04/29/2013)
04/29/2013 177 (RESPONSE)THIRD ANSWER IN OPPOSITION TO MOTION TO DISMISS; re: 147 MOTION to Dismiss. Document filed by Jacob Teitelbaum. (sc) (Entered: 04/29/2013)
05/02/2013 178 MODIFIED SECOND AMENDED COMPLAINT against Stephanie Bazile, Christine Brunet, John Francis X. Burke, Children’s Rights Society, Inc., David Hollander, Jane Does 1 through 20, John Does 1 through 95, Chaya Katz, Juda Katz, Kiryas Joel Comm Ambulance CRP, Kim Pavlovic, Maria Petrizio, David Ruberstein, Miriam Teitelbaum, Bluma Tennenbaum, Joel Tennenbaum with JURY DEMAND.Document filed by Jacob Teitelbaum. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(rj) (Additional attachment(s) added on 5/3/2013: # 4 Exhibit D) (rj). (Entered: 05/03/2013)
05/09/2013 179 AFFIDAVIT of Gregg D. Weinstock, Esq. in Opposition re: 171 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 05/09/2013)
05/09/2013 180 MEMORANDUM OF LAW in Opposition re: 172 MOTION to Amend/Correct 11 Amended Complaint,,., 171 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 05/09/2013)
05/09/2013 181 AFFIDAVIT of Gregg D. Weinstock, Esq. in Opposition re: 172 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 05/09/2013)
05/09/2013 182 AFFIDAVIT OF SERVICE of Affidavit in Opposition and Memorandum of Law served on All Parties on 05-09-2013. Service was made by MAIL. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 05/09/2013)
05/10/2013 183 DECLARATION of REBECCA BALDWIN MANTELLO in Opposition re: 172 MOTION to Amend/Correct 11 Amended Complaint,,., 171 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by Children’s Rights Society, Inc., Kim Pavlovic. (Mantello, Rebecca) (Entered: 05/10/2013)
05/10/2013 184 FIRST MEMORANDUM OF LAW in Opposition re: 172 MOTION to Amend/Correct 11 Amended Complaint,,., 171 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by Children’s Rights Society, Inc., Kim Pavlovic. (Mantello, Rebecca) (Entered: 05/10/2013)
05/13/2013 185 AFFIDAVIT of Terence S. Hannigan in Opposition re: 172 MOTION to Amend/Correct 11 Amended Complaint,,., 171 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 05/13/2013)
05/13/2013 186 FIRST MEMORANDUM OF LAW in Opposition re: 172 MOTION to Amend/Correct 11 Amended Complaint,,., 171 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 05/13/2013)
05/13/2013 187 AFFIDAVIT OF SERVICE of Attorney Affirmation and Memorandum of Law in Opposition to Plaintiff’s Motion to Amend Pleading served on Jacob Teitelbaum, Bluma Tennenbaum, Joel Tennenbaum, Chaya Katz, Juda Katz on May 13, 2013. Service was made by Mail. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 05/13/2013)
05/13/2013 188 CERTIFICATE OF SERVICE of ATTORNEY DECLARATION IN OPPOSITOIN AND MEMORANDUM OF LAW served on JACOB TEITELBAUM on May 13, 2013. Service was made by MAIL. Document filed by Children’s Rights Society, Inc., Kim Pavlovic. (Mantello, Rebecca) (Entered: 05/13/2013)
05/17/2013 189 FILING ERROR – DEFICIENT DOCKET ENTRY – MOTION to Dismiss Plaintiff’s Second Amended Complaint. Document filed by Kiryas Joel Comm Ambulance CRP. Return Date set for 5/29/2013 at 10:00 AM. (Attachments: # 1 Notice to Pro Se Litigant, # 2 Affidavit Attorney Declaration, # 3 Memorandum of Law, # 4 Affidavit Affidavit of Service)(Siler, Jeffrey) Modified on 5/20/2013 (ldi). (Entered: 05/17/2013)
05/17/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT – DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jeffrey Bruce Siler to RE-FILE Document 189 MOTION to Dismiss Plaintiff’s Second Amended Complaint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 05/20/2013)
05/17/2013 196 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. David Hollander served on 5/7/2013, answer due 5/28/2013. Service was accepted by David Hollander. Document filed by Jacob Teitelbaum. (lnl) (Entered: 05/21/2013)
05/17/2013 197 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Miriam Teitelbaum served on 5/7/2013, answer due 5/28/2013. Service was accepted by Miriam Teitelbaum. Document filed by Jacob Teitelbaum. (lnl) (Entered: 05/21/2013)
05/17/2013 210 NOTICE of Second Motion for leave to file Modified Second Amended And Supplemental Complaint. Document filed by Jacob Teitelbaum. (fk) (Entered: 05/22/2013)
05/17/2013 211 MOTION for Leave to File a Modified Second Amended And Supplemental Complaint. Document filed by Jacob Teitelbaum.(fk) (Entered: 05/22/2013)
05/20/2013 190 MOTION to Dismiss Plaintiff’s Second Amended Complaint. Document filed by Kiryas Joel Comm Ambulance CRP. Return Date set for 5/29/2013 at 10:00 AM.(Siler, Jeffrey) (Entered: 05/20/2013)
05/20/2013 191 DECLARATION in Support re: 190 MOTION to Dismiss Plaintiff’s Second Amended Complaint.. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 05/20/2013)
05/20/2013 192 MEMORANDUM OF LAW in Support re: 190 MOTION to Dismiss Plaintiff’s Second Amended Complaint.. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 05/20/2013)
05/20/2013 193 NOTICE of Notice to Pro Se Litigant re: 192 Memorandum of Law in Support of Motion, 191 Declaration in Support of Motion, 190 MOTION to Dismiss Plaintiff’s Second Amended Complaint.. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 05/20/2013)
05/20/2013 194 AFFIDAVIT OF SERVICE of NOTICE OF MOTION, NOTICE TO PRO SE LITIGANT, ATTORNEY DECLARATION, MEMORANDUM OF LAW and COPIES OF UNPUBLISHED OR EXCLUSIVELY REPORTED CASES CITED IN SAID MEMORANDUM served on Jacob Teitelbaum, Bluma Tennenbaum, Joel Tennenbaum, Chaya Katz, Juda Katz, David Darwin, Esq., Garbarini & Scher, PC, and Hannigan Law Firm PLLC on 05/17/2013. Service was made by Mail. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 05/20/2013)
05/22/2013 198 FIRST MOTION to Dismiss Plaintiff’s “Modified Second Amended Complaint”. Document filed by David Ruberstein. Responses due by 6/5/2013 Return Date set for 6/12/2013 at 10:00 AM.(Hannigan, Terence) (Entered: 05/22/2013)
05/22/2013 199 AFFIRMATION of Terence S. Hannigan in Support re: 198 FIRST MOTION to Dismiss Plaintiff’s “Modified Second Amended Complaint”.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 05/22/2013)
05/22/2013 200 FIRST MEMORANDUM OF LAW in Support re: 198 FIRST MOTION to Dismiss Plaintiff’s “Modified Second Amended Complaint”.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 05/22/2013)
05/22/2013 201 DECLARATION of Terence S. Hannigan in Support re: 198 FIRST MOTION to Dismiss Plaintiff’s “Modified Second Amended Complaint”.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 05/22/2013)
05/22/2013 202 NOTICE of Pursuant to Local Rule 12.1 re: 198 FIRST MOTION to Dismiss Plaintiff’s “Modified Second Amended Complaint”.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 05/22/2013)
05/22/2013 203 AFFIDAVIT OF SERVICE of Notice of Motion, Memorandum of Law, Attorney Affirmation, Notice Pursuant to Local Rule 12.1, Attorney Declaration, and copies of unreported cases served on Jacob Teitelbaum, Bluma Tennenbaum, Joel Tennenbaum, Chaya Katz, Juda Katz, David Hollander, Miriam Teitelbaum on May 22, 2013. Service was made by Mail. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 05/22/2013)
05/22/2013 204 AFFIDAVIT of Patrick T. Burke in Opposition re: 172 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by John Francis X. Burke. (Burke, Patrick) (Entered: 05/22/2013)
05/22/2013 205 MEMORANDUM OF LAW in Opposition re: 172 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by John Francis X. Burke. (Burke, Patrick) (Entered: 05/22/2013)
05/22/2013 206 CERTIFICATE OF SERVICE of Attorney Affidavit and Memorandum of Law in Opposition to Plaintiff’s Motion for Leave to Amend and Supplement served on Plaintiff on 05/22/2013. Service was made by Mail. Document filed by John Francis X. Burke. (Burke, Patrick) (Entered: 05/22/2013)
05/22/2013 207 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from David L. Darwin dated 5/21/2013 re: I am respectfully requesting an extension of time file opposition papers and/or move to dismiss the Second Amended Complaint to and including May 29, 2013. ENDORSEMENT: Application Granted., Stephanie Bazile answer due 5/29/2013; Christine Brunet answer due 5/29/2013; County of Orange answer due 5/29/2013. (Signed by Judge Vincent L. Briccetti on 5/21/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 05/22/2013)
05/22/2013 208 AMENDED MOTION to Dismiss Plaintiff’s Second Amended Complaint. Document filed by Kiryas Joel Comm Ambulance CRP. Return Date set for 6/12/2013 at 10:00 AM.(Siler, Jeffrey) (Entered: 05/22/2013)
05/22/2013 209 DECLARATION of JEFFREY B. SILER in Support re: 208 AMENDED MOTION to Dismiss Plaintiff’s Second Amended Complaint.. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 05/22/2013)
05/22/2013 212 DECLARATION of JEFFREY B. SILER in Support re: 208 AMENDED MOTION to Dismiss Plaintiff’s Second Amended Complaint.. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 05/22/2013)
05/22/2013 213 MEMORANDUM OF LAW in Support re: 208 AMENDED MOTION to Dismiss Plaintiff’s Second Amended Complaint.. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 05/22/2013)
05/22/2013 214 NOTICE of Pursuant to Local Rule 12.1 re: 208 AMENDED MOTION to Dismiss Plaintiff’s Second Amended Complaint.. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 05/22/2013)
05/22/2013 215 AFFIDAVIT OF SERVICE of AMENDED NOTICE OF MOTION, ATTORNEY DECLARATION, ATTORNEY’S FURTHER DECLARATION, MEMORANDUM OF LAW and NOTICE PURSUANT TO LOCAL RULE 12.1 served on JACOB TEITELBAUM, BLUMA TENNENBAUM, JOEL TENNENBAUM, JUDA KATZ and CHAYA KATZ on 05/22/2013. Service was made by MAIL. Document filed by Kiryas Joel Comm Ambulance CRP. (Siler, Jeffrey) (Entered: 05/22/2013)
05/24/2013 218 ***STRICKEN DOCUMENT. Deleted document number 218 from the case record. The document was stricken from this case pursuant to 221 Order on Motion for Leave to Proceed in forma pauperis,. (rj) (Entered: 05/29/2013)
05/29/2013)
05/28/2013 216 MEMORANDUM DECISION terminating 147 Motion to Dismiss; terminating 173 Motion for Protective Order. ; terminating 174 Motion for Protective Order. ; terminating 175 Motion ; terminating 176 Motion. Defendant Burkes motion to dismiss is GRANTED and plaintiffs motions are DENIED. The Clerk is instructed to terminate the motions. (Docs. ##147, 173, 174, 175, 176).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).. (Signed by Judge Vincent L. Briccetti on 5/28/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 05/28/2013)
05/29/2013 219 MEMORANDUM OF LAW in Opposition re: 172 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by Stephanie Bazile, Christine Brunet, County of Orange. (Darwin, David) (Entered: 05/29/2013)
05/29/2013 220 DECLARATION of DAVID L. DARWIN in Opposition re: 172 MOTION to Amend/Correct 11 Amended Complaint,,.. Document filed by Stephanie Bazile, Christine Brunet, County of Orange. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Darwin, David) (Entered: 05/29/2013)
06/04/2013 221 ORDER terminating 218 Motion for Leave to Proceed in forma pauperis. On May 24, 2013, plaintiff’s wife, Miriam Teitelbaum, filed an application to proceed in forma pauperis (Doc. #218), and on May 28, 2013, she filed an answer to plaintiff’s proposed second amended complaint. (Doc. #217). However, the Court has not yet ruled on plaintiff’s pending application to file a proposed second amended complaint, and Ms. Teitelbaum is not named as a defendant in plaintiffs first amended complaint. Therefore, Ms. Teitelbaum is not a defendant in this action. Accordingly, her application to proceed in forma pauperis and her answer are hereby stricken.The Clerk is directed to strike these documents Docs. #217, 218) and terminate the pending motion (Doc. #218). (Signed by Judge Vincent L. Briccetti on 6/3/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 06/04/2013)
06/04/2013 ***STRICKEN DOCUMENT. Deleted document number 217 from the case record. The document was stricken from this case pursuant to 221 Order on Motion for Leave to Proceed in forma pauperis,,,. (rj) (Entered: 06/04/2013)
06/04/2013 ***STRICKEN DOCUMENT. Deleted document number 218 from the case record. The document was stricken from this case pursuant to 221 Order on Motion for Leave to Proceed in forma pauperis,. (rj) (Entered: 06/04/2013)
06/04/2013 222 NOTICE of Motion(Request) For Extrinsic Fraud Inquest. Document filed by Jacob Teitelbaum. (sc) Modified on 6/5/2013 (sc). (Entered: 06/05/2013)
06/04/2013 223 MOTION FOR EXTRINSIC FRAUD INQUEST; re: Plaintiff requests that the Court schedule an inquest over the extrinsic fraud in this case. Document filed by Jacob Teitelbaum.(sc) (Entered: 06/05/2013)
06/07/2013 224 AFFIRMATION of Terence S. Hannigan in Opposition re: 223 MOTION to schedule an inquest over the extrinsic fraud in this case.. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 06/07/2013)
06/07/2013 225 AFFIDAVIT OF SERVICE of Attorney Affirmation in Opposition served on Jacob Teitelbaum, Bluma Tennenbaum, Joel Tennenbaum, Chaya Katz, Juda Katz on June 7, 2013. Service was made by Mail. Document filed by David Ruberstein. (Hannigan, Terence) (Entered: 06/07/2013)
06/11/2013 226 AFFIRMATION of Jeffrey B. Siler in Opposition re: 223 MOTION to schedule an inquest over the extrinsic fraud in this case.. Document filed by Kiryas Joel Comm Ambulance CRP. (Attachments: # 1 Affidavit Affidavit of service)(Siler, Jeffrey) (Entered: 06/11/2013)
06/11/2013 227 MOTION TO DOCKET STIPULATION; re: Plaintiff respectfully requests this Court to direct the Clerk to docket the attached stipulation(as indicated) which requires that only upon the acknowledgment and consent of both Plaintiff and his friend, Ben Friedman, should any statement or waiver be recognized as a knowing, intelligent and voluntary waiver of Plaintiff. Document filed by Jacob Teitelbaum.(sc) (Entered: 06/12/2013)
06/13/2013 228 AFFIRMATION of Gregg D. Weinstock, Esq. in Opposition re: 223 MOTION to schedule an inquest over the extrinsic fraud in this case.. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 06/13/2013)
06/13/2013 229 AFFIDAVIT OF SERVICE of Affirmation in Opposition served on All Parties on 06-12-2013. Service was made by MAIL. Document filed by Maria Petrizio. (Weinstock, Gregg) (Entered: 06/13/2013)
06/13/2013 230 DECLARATION of REBECCA BALDWIN MANTELLO in Opposition re: 223 MOTION to schedule an inquest over the extrinsic fraud in this case.. Document filed by Children’s Rights Society, Inc., Kim Pavlovic. (Mantello, Rebecca) (Entered: 06/13/2013)
06/13/2013 231 CERTIFICATE OF SERVICE of ATTORNEY DECLARATION IN OPPOSITION served on JACOB TEITELBAUM on 06/13/2013. Service was made by MAIL. Document filed by Children’s Rights Society, Inc., Kim Pavlovic. (Mantello, Rebecca) (Entered: 06/13/2013)
06/13/2013 232 DECLARATION of David L. Darwin in Opposition re: 223 MOTION to schedule an inquest over the extrinsic fraud in this case.. Document filed by Stephanie Bazile, Christine Brunet, County of Orange. (Darwin, David) (Entered: 06/13/2013)
06/24/2013 Request for Docket Sheet Mailed: Request for Docket Sheet from David Hollender mailed on 6/24/2013. (sac) (Entered: 06/24/2013)
07/02/2013 233 MEMORANDUM DECISION denying 171 Motion to Amend/Correct ; denying 172 Motion to Amend/Correct ; granting 190 Motion to Dismiss; granting 198 Motion to Dismiss; granting 208 Motion to Dismiss; denying 211 Motion for Leave to File Document; denying 223 Motion ; denying 227 Motion. Defendants’ motions are GRANTED and plaintiffs motions are DENIED. Plaintiff’s claims against all defendants are dismissed with prejudice. The Clerk is directed to terminate the pending motions (Doc. ##171, 172, 190, 198, 208, 211, 223, 227) and close this case. 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).. (Signed by Judge Vincent L. Briccetti on 7/2/2013) The Clerks Office Has Mailed Copies. (rj) (Entered: 07/02/2013)
07/02/2013 Transmission to Judgments and Orders Clerk. Transmitted re: 233 Order on Motion to Amend/Correct, Order on Motion to Dismiss, Order on Motion for Leave to File Document, Order on Motion for Miscellaneous Relief, to the Judgments and Orders Clerk. (rj) (Entered: 07/02/2013)
07/02/2013 234 JUDGMENT – It is ORDERED, ADJUDGED AND DECREED: That, for the reasons stated in the Court’s Memorandum Decision, dated July 2, 2013, Plaintiff’s Motions (Docs. #171, 172, 211, 223, and 227) are denied; Defendants’ Motions (Docs. #190, 198, and 208) are granted and Plaintiff’s claims against all Defendants are dismissed with prejudice; accordingly, the case is closed. Additionally, 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. (Signed by Clerk of Court Ruby Krajick on 7/2/2013) (Attachments: # 1 Supplement Notice of Right to Appeal) The Clerks Office Has Mailed Copies. (jah) (Entered: 07/02/2013)
07/02/2013 Mailed notice of Right to Appeal re: 234 Judgment,,, to Pro Se Litigant(s): Jacob Teitelbaum. (jah) (Entered: 07/02/2013)
07/09/2013 235 NOTICE OF MOTION re: that the Court will issue an order to dismiss this case. Document filed by David Hollander.(sc) (Entered: 07/10/2013)
07/11/2013 236 ORDER: On July 9,2013, non-party David Hollander filed a motion to dismiss in this case. (Doc. #235). However, Mr. Hollander was not named as a defendant in plaintiff’s first amended complaint, and, by memorandum decision dated July 2, 2013 (Doc. #233), the Court denied plaintiff’s motions to further amend his complaint. Moreover, this case has been dismissed and a judgment has been entered. (Doe. #234). Accordingly, because Mr. Hollander is not a defendant in this action, and because the action has already been dismissed, his motion to dismiss is hereby DENIED as moot The Clerk is directed to terminate the pending motion. (Doc. #235). The Clerk is further instructed to mail a copy of this order to Mr. Hollander at the following address: 1 Chernobyl Ct. #102, Monroe, NY 10950. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/11/2013) The Clerks Office Has Mailed Copies. (lnl) (Entered: 07/11/2013)
01/09/2014 237 NOTICE OF APPEAL from 138 Order on Motion to Dismiss, 165 Order on Motion for Reconsideration, 234 Judgment. Document filed by Jacob Teitelbaum. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 01/14/2014)
01/09/2014 Appeal Fee Due: for 237 Notice of Appeal. Appeal fee due by 1/23/2014. (tp) (Entered: 01/14/2014)
01/14/2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 237 Notice of Appeal. (tp) (Entered: 01/14/2014)
01/14/2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 237 Notice of Appeal filed by Jacob Teitelbaum were transmitted to the U.S. Court of Appeals. (tp) (Entered: 01/14/2014)