Legeros v. Southwest Airlines Co.
| New York Eastern District Court | |
| Judge: | Rachel P Kovner |
| Referred: | Vera M Scanlon |
| Case #: | 1:24-cv-03187 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:2201 Injunction |
| Case Filed: | Apr 29, 2024 |
| Terminated: | Sep 17, 2024 |
| Last checked: Saturday Oct 26, 2024 6:37 AM EDT |
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Defendant
Southwest Airlines Co.
2702 Love Field Drive Headquarter 6TX
Dallas, TX 75235 |
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Plaintiff
David Legeros
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Represented By
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| Docket last updated: 11 hours ago |
| Tuesday, September 17, 2024 | ||
| 7 | 7
order
Judgment - Clerk
Tue 09/17 2:43 PM
CLERK'S JUDGMENT: that this action is dismissed for failure to serve defendant under Federal Rule of Civil Procedure 4(m). Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 9/17/2024. (JP) |
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| Monday, September 16, 2024 | ||
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order
Order Dismissing Case
Mon 09/16 10:19 AM
ORDER DISMISSING CASE: This action is dismissed for failure to serve defendant under Federal Rule of Civil Procedure 4(m). Rule 4(m) requires plaintiff to serve defendant with process within 90 days of the filing of the1 complaint, unless the time for service is extended. On 8/29/2024, the Court ordered that by 9/12/2024, plaintiff shall either file a letter stating when service was accomplished on defendant or, if service was not accomplished, show cause why the case should not be dismissed under Rule 4(m). The deadline has passed, and plaintiff still has not filed proof of service or otherwise responded to the Court's Order. This case is dismissed under Rule 4(m). See Thompson v. Maldonaldo , 309 F.3d 107, 109 (2d Cir. 2002) (approving sua sponte dismissal of a complaint under Rule 4(m) if the plaintiff had been given prior notice and an opportunity to show cause); see, e.g. , Brookliv LLC v. Meehan , No. 21-CV-7178 (RPK) (RER), 2022 WL 1488664, at *1 (E.D.N.Y. May 11, 2022) (dismissing complaint under Rule 4(m) "[b]ecause plaintiff has not properly served defendant and an extension of time to effect service is not warranted"). The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge Rachel P. Kovner on 9/16/2024. (NNW) |
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| Thursday, August 29, 2024 | ||
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order
Order to Show Cause
Thu 08/29 10:57 AM
ORDER TO SHOW CAUSE: Under Federal Rule of Civil Procedure 4(m), plaintiff must serve defendant with process within 90 days of the filing of the1 complaint, unless the time for service is extended. Plaintiff filed the complaint on 4/29/2024 but has not filed proof of service on the docket. By 9/12/2024, plaintiff shall file a letter stating whether service was accomplished on defendant and, if so, when service was accomplished. If service was accomplished, plaintiff must file proof of service on the docket. If service was not accomplished within the time allowed under Federal Rule of Civil Procedure 4(m), plaintiff's letter shall show cause why the case should not be dismissed under Federal Rule of Civil Procedure 4(m). Failure to respond will likely result in the dismissal of this action. Ordered by Judge Rachel P. Kovner on 8/29/2024. (NNW) |
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| Wednesday, June 05, 2024 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 06/05 1:57 PM
ORDER granting5 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Vera M. Scanlon on 6/5/2024. (JR) |
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| Tuesday, May 28, 2024 | ||
| 6 | 6
notice
Notice of Appearance
Tue 05/28 3:38 PM
NOTICE of Appearance by Katherine Legeros Bajuk on behalf of David Legeros (aty to be noticed) (Bajuk, Katherine) |
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| 5 | 5
motion
Appear Pro Hac Vice
Tue 05/28 2:51 PM
MOTION to Appear Pro Hac Vice By Frank G. Podesta on behalf of David Legeros Filing fee $ 200, receipt number ANYEDC-17917371 by David Legeros. (Podesta, Frank) |
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| Friday, May 10, 2024 | ||
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order
Order(Other)
Fri 05/10 11:51 AM
ORDER: On 4/29/2024, plaintiff filed a [1-1] motion for a preliminary injunction as an attachment to plaintiff?s1 complaint. On 5/1/2024, the Court directed plaintiff to refile the motion using the appropriate event type in CM/ECF and to file proof of service on the docket by 5/8/2024, ?or the motion for a preliminary injunction will be denied without prejudice to refiling.? 5/1/2024 Order. To date, plaintiff has not refiled the motion or filed proof of service on the docket. Accordingly, to the extent plaintiff sought to move for a preliminary injunction, the motion is denied without prejudice to refiling. Ordered by Judge Rachel P. Kovner on 5/10/2024. (NNW) |
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| Wednesday, May 01, 2024 | ||
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order
Order(Other)
Wed 05/01 12:04 PM
ORDER: The Court is in receipt of plaintiff?s1 complaint, which includes as an attachment a [1-1] motion for a preliminary injunction. To the extent plaintiff seeks to move for a preliminary injunction, plaintiff is directed to refile the motion using the appropriate event type in CM/ECF. Additionally, plaintiff is advised that under Federal Rule of Civil Procedure 65(a)(1), a court ?may issue a preliminary injunction only on notice to the adverse party.? Defendant has not yet appeared in this action and there is no indication that defendant has been served with the [1-1] motion or the1 complaint. Accordingly, by 5/8/2024, plaintiff is directed to serve defendant with all papers associated with the motion for a preliminary injunction, in addition to serving defendant with the summons and complaint in the manner prescribed by Federal Rules, and to file proof of service on the docket, or the motion for a preliminary injunction will be denied without prejudice to refiling. Ordered by Judge Rachel P. Kovner on 5/1/2024. (NNW) |
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| Tuesday, April 30, 2024 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Tue 04/30 9:05 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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| 3 | 3
service
Summons Issued
Tue 04/30 9:05 AM
Summons Issued as to Southwest Airlines Co.. (CV) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Tue 04/30 9:01 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
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| Monday, April 29, 2024 | ||
| 1 | 1
13
pgs
cmp
Complaint
Mon 04/29 3:34 PM
COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17818787 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by David Legeros. (Burse, Eric) |
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Att: 1
7 pgs
Motion for Preliminary Injunction,
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Att: 2
Proposed Summons,
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Att: 3
Civil Cover Sheet
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