Brady v. Gregory Sheindlin, Esq. et al
New York Southern District Court | |
Judge: | Lewis J Liman |
Case #: | 1:20-cv-07047 |
Nature of Suit | 290 Real Property - All Other Real Property |
Cause | 28:1331 Fed. Question |
Case Filed: | Aug 30, 2020 |
Terminated: | Feb 25, 2021 |
Last checked: Friday Feb 26, 2021 3:27 AM EST |
Defendant
Gregory Sheindlin, Esq.
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Represented By
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Defendant
The Sheindlin Law Firm
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Represented By
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Plaintiff
James H. Brady
510 Sicomac Ave.
Wyckoff, NJ 07481 |
Docket last updated: 7 hours ago |
Monday, February 07, 2022 | ||
34 | 34
5
pgs
appeal
USCA Mandate
Mon 02/07 9:52 AM
MANDATE of USCA (Certified Copy) as to32 Notice of Appeal filed by James H. Brady. USCA Case Number 21-0669 cv. UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order and judgment of the District Court be and hereby are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/07/2022..(nd) |
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appeal
Transmission of USCA Mandate/Order to District Judge
Mon 02/07 9:53 AM
Transmission of USCA Mandate to the District Judge re:34 USCA Mandate,..(nd) |
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Thursday, April 08, 2021 | ||
appeal
USCA Case Number
Thu 04/08 2:16 PM
USCA Case Number 21-0669 from the U.S. Court of Appeals, 2nd Circ. assigned to32 Notice of Appeal filed by James H. Brady..(nd) |
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appeal
USCA Appeal Fees
Thu 04/08 2:20 PM
USCA Appeal Fees received $ 505.00 receipt number 465401277354 on 04/08/2021 re:32 Notice of Appeal filed by James H. Brady. [USCA Case No. 21-0669 . .(nd) |
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Wednesday, April 07, 2021 | ||
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2
pgs
misc
Letter
Wed 04/07 4:00 PM
LETTER addressed to Judge Lewis J. Liman from J. Brady, dated 4/7/21 re: There are a number of things that have transpired since our 4/2/21 conference which requires this Court's guidance. First, on 4/6/21 this Court issued an Order pointing out that it did not believe it had jurisdiction over the case, since during the 4/2/21 hearing "the Plaintiff definitively and irrevocably elected not to seek damages in the action but to limit relief sought to Injunctive relief." Does the Court think this issue should be resolved before the defendants make a motion for a jury trial which I was ordered to do by 4/9/21 etc? Document filed by James H. Brady.(sc) |
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Att: 1 Certificate of Service | ||
Wednesday, March 24, 2021 | ||
32 | 32
2
pgs
appeal
Notice of Appeal
Wed 03/24 12:01 PM
NOTICE OF APPEAL from27 Clerk's Judgment. Document filed by James H. Brady. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 03/24 12:02 PM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:32 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Wed 03/24 12:03 PM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for32 Notice of Appeal filed by James H. Brady were transmitted to the U.S. Court of Appeals. (tp) |
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Friday, March 05, 2021 | ||
31 | 31
2
pgs
order
Memorandum & Opinion
Fri 03/05 2:03 PM
OPINION AND ORDER re:28 MOTION for Reargument re:26 Memorandum & Opinion, filed by James H. Brady. Accordingly, the motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 28 and mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/5/2021) (va) Transmission to Docket Assistant Clerk for processing. |
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misc
Mail Order by USPS
Fri 03/05 3:15 PM
Mailed a copy of31 Memorandum & Opinion, to James H. Brady at 510 Sicomac Ave., Wyckoff, NJ 07481. (dsh) |
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Wednesday, March 03, 2021 | ||
30 | 30
2
pgs
respm
Declaration in Opposition to Motion
Wed 03/03 2:14 PM
DECLARATION of Gregory Sheindlin, Esq. in Opposition re:29 MOTION for Reconsideration re;27 Clerk's Judgment,,,,,. MOTION for Reargument.,28 MOTION for Reargument re:26 Memorandum & Opinion,,,,,.. Document filed by Gregory Sheindlin, Esq., The Sheindlin Law Firm..(Sheindlin, Gregory) |
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Att: 1 Affidavit Certificate of Service | ||
Tuesday, March 02, 2021 | ||
29 | 29
2
pgs
motion
Reconsideration Reargument
Wed 03/03 7:38 AM
NOTICE OF MOTION FOR RECONSIDERATION & REARGUMENT, rel:27 Clerk's Judgment. Document filed by James H. Brady..(sc) |
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Att: 1 Exhibit, | ||
Att: 2 Certificate of Service | ||
28 | 28
18
pgs
motion
Reargument
Wed 03/03 7:32 AM
PLAINTIFF'S MOTION FOR REARGUMENT, re:26 Memorandum & Opinion. Document filed by James H. Brady.(sc) |
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Friday, February 26, 2021 | ||
misc
Mail Order by USPS
Fri 02/26 8:54 AM
Mailed a copy of26 Memorandum & Opinion,27 Clerk's Judgment, to James H. Brady at 510 Sicomac Ave., Wyckoff, NJ 07481. (dsh) |
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Thursday, February 25, 2021 | ||
27 | 27
1
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order
Judgment - Clerk
Thu 02/25 3:52 PM
CLERK'S JUDGMENT re:26 Memorandum & Opinion in favor of Gregory Sheindlin, Esq., The Sheindlin Law Firm against James H. Brady. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 25, 2021, because Rooker-Feldman "implicates the federal courts' subject matter jurisdiction, rather than the substantive merits of a case," the Court "lacks the power to dismiss with prejudice." Charles v. Levitt, 716 F. App'x 18, 22 (2d Cir. 2017); see Katz v. Donna Karan Co., L.L.C., 872 F.3d 114, 121 (2d Cir. 2017) ("[W]hen a case is dismissed for lack of federal subject matter jurisdiction, 'Article III deprives federal courts of the power to dismiss [the] case with prejudice.'") (quoting Hernandez v. Conriv Realty Assocs., 182 F.3d 121, 123 (2d Cir. 1999). Accordingly, the Complaint is dismissed without prejudice. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the 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); accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 2/25/2021) (Attachments: #1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing. (Entered: 02/25/2021) |
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26 | 26
8
pgs
order
Memorandum & Opinion
Thu 02/25 1:30 PM
OPINION AND ORDER re:14 MOTION to Dismiss filed by The Sheindlin Law Firm, Gregory Sheindlin, Esq. Because Rooker-Feldman "implicates the federal courts' subject matter jurisdiction, rather than the substantive merits of a case," the Court "lacks the power to dismiss with prejudice." Charles v. Levitt, 716 F. App'x 18, 22 (2d Cir. 2017); see Katz v. Donna Karan Co., L.L.C., 872 F.3d 114, 121 (2d Cir. 2017) ("[W]hen a case is dismissed for lack of federal subject matter jurisdiction, 'Article III deprives federal courts of the power to dismiss [the] case with prejudice.'") (quoting Hernandez v. Conriv Realty Assocs., 182 F.3d 121, 123 (2d Cir. 1999). Accordingly, the Complaint is dismissed without prejudice. 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 respectfully directed to terminate all pending motions, close the case, and mail a copy of this Opinion and Order to Plaintiff. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/25/2021) (va) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing. (Entered: 02/25/2021) |
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Friday, February 19, 2021 | ||
25 | 25
2
pgs
order
Memo Endorsement
Fri 02/19 11:14 AM
MEMO ENDORSEMENT on re:23 Letter filed by James H. Brady. ENDORSEMENT: APPLICATION DENIED. (Signed by Judge Lewis J. Liman on 2/19/2021) (va) |
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Tuesday, February 16, 2021 | ||
23 | 23
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misc
Letter
Wed 02/17 9:07 AM
LETTER addressed to Judge Lewis J. Liman from J. Brady, dated 2/17/21 re: I am writing pleading for you to do one simple thing that Justice mandates will stop further unjust, irreversible harm to my family and me: I am requesting that by noon on Thursday, 2/18/21, you simply deny Gregory Sheindlin's Motion to Dismiss and make him answer the Complaint. The denial of the Motion to Dismiss can be a few sentences long, since all you need to do is rule that my claims against Sheindlin are plausible etc. Document filed by James H. Brady.(sc) |
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Monday, February 15, 2021 | ||
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service
Certificate of Service Other
Wed 02/17 9:11 AM
CERTIFICATE OF SERVICE of Letter to Court; served on Law Office of Gregory Sheindlin, PLLC on 2/17/21. Service was accepted by name of receiver not given. Document filed by James H. Brady. (sc) |
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Thursday, January 28, 2021 | ||
22 | 22
2
pgs
misc
Letter
Thu 01/28 3:24 PM
LETTER addressed to Judge Lewis J. Liman from James H. Brady dated 1/28/2021 re: I am writing to respectfully say that it is disheartening that this Court has still not replied to my December 16,2020 and January 14, 2021 pleads that you Order that I be permitted to file a criminal complaint against Gregory Sheindlin...For a third time, I am pleading that without fear or favor this politically connected man be promptly held accountable for his irrefutable destructive criminal acts. Thank you. Document filed by James H. Brady. (ok) |
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Thursday, January 14, 2021 | ||
21 | 21
2
pgs
misc
Letter
Fri 01/15 8:53 AM
LETTER addressed to Judge Lewis J. Liman from James Evans, dated 1/14/21 re: I need to follow up on my 12/26/20 plead that you order that I be given the right to file a criminal complaint against Mr. Sheindlin without delay because, respectfully, the Court's delay is now itself causing more irreversible harm to me and my wife etc. As this Court knows what Mr. Sheindlin did to me and my wife was criminal predatory behavior. Not only did Mr. Sheindlin help steal over 1.7 million dollars from my wife and I on 9/5/18, he also destroyed our lives and family business on that day through criminal conduct. Document filed by James H. Brady.(sc) |
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Saturday, December 26, 2020 | ||
20 | 20
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pgs
misc
Letter
Mon 12/28 10:30 AM
LETTER addressed to Judge Lewis J. Liman from James H. Brady, dated 12/26/20 re: "REQUEST JUDICIAL INTERVENTION"- Plaintiff is requesting a Court Order that he be permitted to immediately file a criminal complaint against Gregory Scheindlin with the Office of the New York State Attorney General or whatever law enforcement agency the Court believes is most appropriate to hold Gregory Scheindlin criminally responsible for his distructive irreparable criminal conduct which has already been proven to the Court etc. Document filed by James H. Brady.(sc) Modified on 1/15/2021 (sc). |
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Wednesday, December 23, 2020 | ||
19 | 19
1
pgs
misc
Letter
Wed 12/23 2:41 PM
FIRST LETTER addressed to Judge Lewis J. Liman from Gregory Sheindlin, Esq. dated 12/23/2020 re: Pending motion and Brady's letter, dated 12/22/2020. Document filed by Gregory Sheindlin, Esq., The Sheindlin Law Firm..(Sheindlin, Gregory) |
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Tuesday, December 22, 2020 | ||
18 | 18
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misc
Letter
Tue 12/22 4:03 PM
LETTER addressed to Judge Lewis J. Liman from James H. Brady, dated 12/22/20 re: I am writing for two reasons. First, I am writing asking that without delay you deny the above named Defendant's pre-answer Motion and order that the Defendants answer the Second Amended Complaint rom 9/30/20; and second, I ask the Court to reschedule the pretrial conference which was originally scheduled for 11/16/20, that was cancelled until after the Motion to Dismiss was decided(Doc. #11). Document filed by James H. Brady.(sc) |
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Tuesday, December 01, 2020 | ||
17 | 17
23
pgs
respm
Response in Opposition to Motion
Wed 12/02 10:48 AM
PLAINTIFF'S OPPOSITIO TO DEFENDANTS' MOTION TO DISMISS, re:14 MOTION to Dismiss . Document filed by James H. Brady.(sc) |
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Att: 1 13 pgs Exhibit, | ||
Att: 2 9 pgs Exhibit, | ||
Att: 3 206 pgs Exhibit | ||
Friday, November 13, 2020 | ||
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pgs
respm
Declaration in Support of Motion
Fri 11/13 12:20 PM
DECLARATION of Gregory Sheindlin, Esq. in Support re:14 MOTION to Dismiss .. Document filed by Gregory Sheindlin, Esq., The Sheindlin Law Firm..(Sheindlin, Gregory) |
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Att: 1 128 pgs Exhibit A - Second Amended Complaint, Dated 09/30/20, | ||
Att: 2 4 pgs Exhibit B - Satisfaction of Judgment, | ||
Att: 3 34 pgs Exhibit C1 - Complaint (Brady v IGS), | ||
Att: 4 34 pgs Exhibit C2 - Complaint (Brady v IGS), | ||
Att: 5 2 pgs Exhibit D - Defendants' Letter, dated 10/20/20, | ||
Att: 6 1 pgs Affidavit Certificate of Service for Motion on Brady | ||
15 | 15
12
pgs
respm
Memorandum of Law in Support of Motion
Fri 11/13 11:49 AM
MEMORANDUM OF LAW in Support re:14 MOTION to Dismiss . . Document filed by Gregory Sheindlin, Esq., The Sheindlin Law Firm..(Sheindlin, Gregory) |
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14 | 14
2
pgs
motion
Dismiss
Fri 11/13 11:47 AM
MOTION to Dismiss . Document filed by Gregory Sheindlin, Esq., The Sheindlin Law Firm. Responses due by 12/11/2020 Return Date set for 12/18/2020 at 10:00 AM..(Sheindlin, Gregory) |
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Friday, October 23, 2020 | ||
13 | 13
4
pgs
misc
Letter
Fri 10/23 12:28 PM
LETTER addressed to Judge Lewis J. Liman from James H. Brady, dated 10/23/20 re: "REQUEST FOR ORAL ARGUMENT" - I will submit my Reply Brief on or before 11/23/20, and I am asking for the soonest possible Oral Argument date this Court can schedule after that. Document filed by James H. Brady.(sc) |
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13 | 13
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pgs
misc
Letter
Fri 10/23 12:28 PM
LETTER addressed to Judge Lewis J. Liman from James H. Brady, dated 10/23/20 re: "REQUEST FOR ORAL ARGUMENT" - I will submit my Reply Brief on or before 11/23/20, and I am asking for the soonest possible Oral Argument date this Court can schedule after that. Document filed by James H. Brady.(sc) |
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Wednesday, October 21, 2020 | ||
11 | 11
order
Order on Motion for Extension of Time to Answer
Wed 10/21 8:09 AM
ORDER granting10 Letter Motion for Extension of Time to Answer All Defendants. The time to move or answer is extended to November 16, 2020. The initial pretrial conference is cancelled and will be rescheduled for a date after the motion to dismiss is resolved. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) |
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order
Order
Wed 10/21 12:24 PM
ORDER: Defendants are ORDERED to notify the Pro Se Plaintiff of the previous order entered at dkt. #11 extending the time to answer and cancelling the initial pretrial conference. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) |
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Tuesday, October 20, 2020 | ||
10 | 10
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pgs
motion
Extension of Time to File Answer
Tue 10/20 1:33 PM
FIRST LETTER MOTION for Extension of Time to File Answer , file motion to dismiss and for sua sponte dismissal of action addressed to Judge Lewis J. Liman from Gregory Sheindlin, Esq. dated 10/20/2020. Document filed by Gregory Sheindlin, Esq., The Sheindlin Law Firm..(Sheindlin, Gregory) |
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Att: 1 26 pgs Exhibit Judge Engelmayers' Order, dated 09/08/2020 (ECF 51), | ||
Att: 2 3 pgs Exhibit Judge Engelmayer's Order, dated 09/08/2020 (ECF 50), | ||
Att: 3 8 pgs Exhibit Judge Wang's Report, dated 09/11/2020 (ECF 53), | ||
Att: 4 10 pgs Exhibit Judge Engelmayer's Order, dated 10/13/2020 (ECF 86) | ||
9 | 9
1
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notice
Notice of Appearance
Tue 10/20 12:44 PM
NOTICE OF APPEARANCE by Gregory Evrett Sheindlin on behalf of Gregory Sheindlin, Esq., The Sheindlin Law Firm..(Sheindlin, Gregory) |
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Monday, October 12, 2020 | ||
8 | 8
2
pgs
misc
Letter
Tue 10/13 7:54 AM
LETTER addressed to Judge Lewis J. Liman from J. Brady, dated 10/12/20 re: I ask that this Court reject any attempt by the Sheindlin Defendants of obtaining a Sua Sponte dismissal of the complaint before answering the complaint for the following reason: The Second Amended Complaint and Exhibits 2 and 3 prove conclusively that the Sheindlin Defendants used false instruments to steal over $1.7 million dollars from my wife and I on 9/5/18 etc. Document filed by James H. Brady.(sc) |
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Thursday, October 01, 2020 | ||
7 | 7
2
pgs
service
Summons Returned Executed
Fri 10/02 9:35 AM
SUMMONS RETURNED EXECUTED. Summons and Complaint; served. Gregory Sheindlin, Esq., served on 9/30/2020, answer due 10/21/2020; The Sheindlin Law Firm served on 9/30/2020, answer due 10/21/2020. Service was made by U.S. Postal Mail and Electronic MAIL to Gregory Sheindlin, Esq. at gs@sheindlinlaw.com. Document filed by James H. Brady. (sc) |
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Wednesday, September 30, 2020 | ||
6 | 6
13
pgs
cmp
Amended Complaint
Thu 10/01 9:01 AM
(2nd)AMENDED COMPLAINT, re: amending2 Amended Complaint, against Gregory Sheindlin, Esq., The Sheindlin Law Firm with JURY DEMAND.Document filed by James H. Brady. Related document:2 Amended Complaint,.(sc) |
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Att: 1 2 pgs Exhibit, | ||
Att: 2 4 pgs Exhibit, | ||
Att: 3 11 pgs Exhibit, | ||
Att: 4 18 pgs Exhibit, | ||
Att: 5 87 pgs Exhibit, | ||
Att: 6 3 pgs Exhibit, | ||
Att: 7 8 pgs Exhibit | ||
Thursday, September 17, 2020 | ||
5 | 5
1
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order
Order for Initial Pretrial Conference
Thu 09/17 5:39 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on November 6, 2020, at 11:00 a.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. A copy of this notice will be mailed to Plaintiff by Chambers. Initial Conference set for 11/6/2020 at 11:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 9/17/2020) (va) Modified on 9/22/2020 (va). |
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Monday, September 14, 2020 | ||
4 | 4
1
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misc
Letter
Tue 09/15 9:59 AM
LETTER addressed to Judge Lewis J. Liman from J. Brady, dated 9/14/20 re: Unfortunately, I have had a number of randomly assigned cases reassigned to other judges to my detriment. I am asking that this Court not permit this case to be reassigned to any other judge. Document filed by James H. Brady.(sc) |
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Wednesday, September 09, 2020 | ||
3 | 3
2
pgs
service
Request for Issuance of Summons
Wed 09/09 1:05 PM
REQUEST FOR ISSUANCE OF SUMMONS, re:1 Complaint. Document filed by James H. Brady.(sc) |
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misc
Transmission to Pro Se Assistants
Wed 09/09 1:06 PM
Transmission to Pro Se Assistants. Transmitted re:3 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
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service
Summons Issued
Wed 09/09 2:29 PM
SUMMONS ISSUED as to Gregory Sheindlin, Esq., The Sheindlin Law Firm. (bwa) |
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misc
Mail Order by USPS
Wed 09/09 2:29 PM
Mailed a copy of Summons Issued to James H. Brady at 510 Sicomac Ave. Wyckoff, NJ 07481. (bwa) |
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Tuesday, September 08, 2020 | ||
misc
Pro Se Payment of Fee - Processed
Tue 09/08 1:38 PM
Pro Se Payment of Fee Processed: $400.00 Check processed by the Finance Department on 9/2/2020, Receipt Number 465401266023. (sw) |
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utility
Case Designation
Tue 09/08 2:07 PM
Magistrate Judge Stewart D. Aaron 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (ad) |
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notice
Notice of Case Assignment/Reassignment
Tue 09/08 2:08 PM
NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (ad) |
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Tuesday, September 01, 2020 | ||
2 | 2
16
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cmp
Amended Complaint
Tue 09/01 9:45 AM
AMENDED COMPLAINT, re: amending1 Complaint against Gregory Sheindlin, Esq., The Sheindlin Law Firm with JURY DEMAND.Document filed by James H. Brady. Related document:1 Complaint.(sc) |
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Att: 1 2 pgs Exhibit, | ||
Att: 2 87 pgs Exhibit, | ||
Att: 3 3 pgs Exhibit | ||
Sunday, August 30, 2020 | ||
1 | 1
17
pgs
cmp
Complaint
Mon 08/31 10:41 AM
COMPLAINT against Gregory Sheindlin, Esq., The Sheindlin Law Firm. Document filed by James H. Brady. (sac) |
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Att: 1 2 pgs Exhibit 1, | ||
Att: 2 5 pgs Exhibit 2, | ||
Att: 3 87 pgs Exhibit 3 | ||
utility
Case Designated ECF
Mon 08/31 10:42 AM
Case Designated ECF. (sac) |