Opinion
21-CV-6139 (AT) (BCM)
09-29-2021
SHYAMAL GHOSH, Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY, Defendant.
CASE MANAGEMENT ORDER
BARBARA MOSES, United States Magistrate Judge.
On September 29, 2021, the Court conducted a telephonic initial case management conference pursuant to Fed.R.Civ.P. 16. Plaintiff appeared pro se. Defendant New York City Housing Authority (NYCHA) appeared through counsel.
Amended Complaint
During the conference, the Court offered plaintiff an opportunity to amend his complaint, which was removed from state court, and plaintiff accepted. Consequently, plaintiff shall file his amended complaint no later than October 29, 2021. Any motion to amend the pleadings or join additional parties thereafter will be subject to the "good cause" standard in Fed.R.Civ.P. 16(b)(4).
Attached to this Order is an amended complaint form that plaintiff may (but is not required to) use in preparing his amended complaint. Whether or not he uses the form provided, plaintiff must, in accordance with Fed.R.Civ.P. 8, provide a short and plain statement of the relevant facts supporting each claim he asserts. His amended complaint should tell the Court, to the extent possible: which statutes or laws he is suing under; what NYCHA did to violate each of those statutes or laws; who committed those violations on its behalf; when such violations occurred; how plaintiff was injured thereby; and what relief he seeks. Because the amended complaint will completely replace, not supplement, the original complaint, any facts or claims that plaintiff wants to include from the original complaint must be repeated in the amended complaint. However, plaintiff need not attach evidentiary materials or recite evidentiary details.
Next Conference The next conference will take place via telephone on December 6, 2021, at 11:00 a.m. At that time, the parties should dial (888) 557-8511 and enter the access code: 7746387. No. later than December 1, 2021, NYCHA's counsel shall submit a status letter (prepared after meeting and conferring with plaintiff to get his input) containing the following information:
1. The issues in the case;
2. Whether any party intends to make a motion to dismiss or on the pleadings;
3. What discovery the parties plan to engage in, and what deadlines should be set for:
a. Exchanging the automatic disclosures required by Fed.R.Civ.P. 26(a)(1)(A);
b. Serving document production requests and interrogatories;
c. Taking depositions of fact witnesses;
d. Disclosing the identity and exchanging the reports of expert witnesses, if any, and taking their depositions; and e. Completing all discovery;
4. Whether any special limitations should be placed on discovery, including protective or confidentiality orders;
5. Whether any special discovery issues are likely to arise that may warrant early attention from the Court;
6. What the deadline should be for filing summary judgment or other pretrial motions, if any;
7. What the deadline should be for the parties to submit a joint pretrial order (in accordance with the procedures of the judge before whom the trial will be conducted);
8. Whether and when the case should be (a) referred to mediation or (b) scheduled for a settlement conference with the Court; and
9. The anticipated length of trial and whether (and by which party) a jury has been requested.
Pro Se Filings
During the COVID-19 national emergency, a pro se plaintiff may file documents (at which point they will be electronically served on the defendant, see S.D.N.Y. ECF Rules 9.1, 9.2) by any of the following methods:
1. Drop off the documents in the drop box located in the lobby of the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, NY, 10007.
2. Mail the documents to the Pro Se Intake Unit in Room 105 in the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007, in time for them to arrive on or before the deadline.
3. Email the documents to TemporaryProSeFiling@nysd.uscourts.gov. Instructions for filing documents by email are attached to this Order and may also be found on the Court's website: nysd.uscourts.gov/forms/instructions-filing-documents-email.
Electronic Service
Plaintiff may choose to receive e-mail notification of documents filed in this case, including orders issued by the Court. If plaintiff wishes to receive case information by e-mail, he must follow the instructions in the Consent and Registration Form attached to this Order. The Consent and Registration form is also available on the Court's website at: https://nysd.uscourts.gov/prose.
New York Legal Assistance Group
The staff of the Pro Se Intake Unit (telephone 212-805-0175) may be of assistance to pro se litigants in connection with court procedures, but cannot provide legal advice. There is a legal clinic in this District to assist people who are parties in civil cases and do not have lawyers. The Clinic is run by a private organization called the New York Legal Assistance Group; it is not part of, or run by, the Court. The Clinic is located in the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York, in Room LL22. The Clinic's telephone No. is 212-659-6190.
The Clerk of the Court is respectfully directed to mail a copy of this Order to plaintiff.
SO ORDERED.
AMENDED COMPLAINT
Do you want a jury trial?
[] Yes □ No
NOTICE
The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual's full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual's birth; a minor's initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.
I. BASIS FOR JURISDICTION
Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff.
What is the basis for federal-court jurisdiction in your case?
[] Federal Question
[] Diversity of Citizenship
A. If you checked Federal Question
Which of your federal constitutional or federal statutory rights have been violated?
__
__
B. If you checked Diversity of Citizenship 1. Citizenship of the parties
Of what State is each party a citizen?
The plaintiff, ___, is a citizen of the State of __
(State in which the person resides and intends to remain.)
or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of __.
If more than one plaintiff is named in the complaint, attach additional pages providing information for each additional plaintiff.
If the defendant is an individual:
The defendant, __, is a citizen of the State of ___
(Defendant's name)
or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of__.
. If the defendant is a corporation:
The defendant, __, is incorporated under the laws of the State of __ and has its principal place of business in the State of __or is incorporated under the laws of (foreign state)
and has its principal place of business in __.
If more than one defendant is named in the complaint, attach additional pages providing information for each additional defendant.
II. PARTIES
A. Plaintiff Information
Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed.
B. Defendant Information
To the best of your ability, provide addresses where each defendant may be served. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are the same as those listed in the caption. Attach additional pages if needed.
III. STATEMENT OF CLAIM
Place(s) of occurrence:__
Date(s) of occurrence:__
FACTS:
State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and what each defendant personally did or failed to do that harmed you. Attach additional pages if needed.
___
___
INJURIES:
If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
___
___
IV. RELIEF
State briefly what money damages or other relief you want the court to order.
___
___
V. PLAINTIFFS CERTIFICATION AND WARNINGS
By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11.
I agree to notify the Clerk's Office in writing of any changes to my mailing address. I understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case.
Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.
I have read the Pro Se (Nonprisoner) Consent to Receive Documents Electronically:
[] yes [] No
If you do consent to receive documents electronically, submit the completed form with your complaint. If you do not consent, please do not attach the form.
INSTRUCTIONS: EMAIL PRO SE FILINGS
How do I email documents to the Clerk's Office for filing?
• SIGN. You must sign your document by either signing the document before you scan it or typing “ [Your Name].” The Court will accept typed signatures in this format.
• CONTACT INFORMATION. The document must include your name, address, telephone number and email address (if available).
• SUBJECT LINE. For existing cases, the subject line of the email must read, “Pro Se Filing - XX-CV-XXXX.” For new cases, the subject line of the email must read, “Pro Se Filing - New Case.”
• EMAIL the PDF document to
Temporary Pro Se Filing@nysd.uscourts.gov.
Can I start a new case by email?
• YES. To start a new case, you may email your complaint to Temporary Pro Se Filing@nysd.uscourts.gov.
• In addition to emailing your complaint, you must either (1) email an application requesting that the fee be waived, available at https://nysd.uscourts.gov/node/838, or (2) pay the filing fee of $402. If you are paying the filing fee, add to the subject line, “Pro Se Filing - New Case -FEE PAID.” Payment must be made within 21 days by certified check or money order, made out to Clerk, USDC, SDNY, and mailed to: Cashiers-Room 120, 500 Pearl Street, New York, NY 10007. The check must include the case number, which you can learn by calling (212) 805-0175.
Can I include any questions or information in my email?
• NO. You must only include the attached document(s) for filing. No. one will read messages in the body of the email and no one will respond to any questions.
Will someone respond to my email?
• NO. This email address cannot respond to inquiries. The Clerk's Office will download the email attachment. This is a NO-REPLY email address. But you may call (212) 805-0175 to confirm that your documents were received. Please wait at least one week before calling.
Can I email the assigned judge instead?
• NO. Any submission emailed to any other court email address will be disregarded by the recipient.
Can the Clerk's Office assist with scanning?
• NO. If you are unable to email your documents, you must submit them by mail to the Pro Se Intake Unit.
Can someone email my documents for me?
• YES. But please include your email address, if available, in the document. The Court will only communicate with the email address listed on the filed documents, and only if you have consented to receive court documents by email.
Can I receive court documents by email?
• YES. Complete and email a signed consent to electronic service form.
Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically
Parties who are not represented by an attorney and are not currently incarcerated may choose to receive documents in their cases electronically (by e-mail) instead of by regular mail. Receiving documents by regular mail is still an option, but if you would rather receive them only electronically, you must do the following:
1. Sign up for a PACER login and password by contacting PACER1 at www.pacer.uscourts.gov or 1-800-676-6856;
2. Complete and sign this form.
If you consent to receive documents electronically, you will receive a Notice of Electronic Filing by e-mail each time a document is filed in your case. After receiving the notice, you are permitted one “free look” at the document by clicking on the hyperlinked document number in the e-mail. Once you click the hyperlink and access the document, you may not be able to access the document for free again. After 15 days, the hyperlink will no longer provide free access. Any time that the hyperlink is accessed after the first “free look” or the 15 days, you will be asked for a PACER login and may be charged to view the document. For this reason, you should print or save the document during the “free look” to avoid future charges.
IMPORTANT NOTICE
Under Rule 5 of the Federal Rules of Civil Procedure, Local Civil Rule 5.2, and the Court's Electronic Case Filing Rules & Instructions, documents may be served by electronic means. If you register for electronic service:
1. You will no longer receive documents in the mail;
2. If you do not view and download your documents during your “free look” and within 15 days of when the court sends the e-mail notice, you will be charged for looking at the documents;
3. This service does not allow you to electronically file your documents;
4. It will be your duty to regularly review the docket sheet of the case.2 1 Public Access to Court Electronic Records (PACER) (www.pacer.uscourts.gov) is an electronic public access service that allows users to obtain case and docket information from federal appellate, district, and bankruptcy courts, and the PACER Case Locator over the internet.
2 The docket sheet is the official record of all filings in a case. You can view the docket sheet, including images of electronically filed documents, using PACER or you can use one of the public access computers available in the Clerk's Office at the Court.
CONSENT TO ELECTRONIC SERVICE
I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I affirm that:
1. I have regular access to my e-mail account and to the internet and will check regularly for Notices of Electronic Filing;
2. I have established a PACER account;
3. I understand that electronic service is service under Rule 5 of the Federal Rules of Civil Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper copies of case filings, including motions, decisions, orders, and other documents;
4. I will promptly notify the Court if there is any change in my personal data, such as name, address, or e-mail address, or if I wish to cancel this consent to electronic service;
5. I understand that I must regularly review the docket sheet of my case so that I do not miss a filing; and
6. I understand that this consent applies only to the cases listed below and that if I file additional cases in which I would like to receive electronic service of notices of documents, I must file consent forms for those cases.
Civil case(s) filed in the Southern District of New York:
Note: This consent will apply to all cases that you have filed in this court, so please list all of your pending and terminated cases. For each case, include the case name and docket number (for example, John Doe v. New City, 10-CV-01234).
Name (Last, First, MI)
Address City State Zip Code
Telephone Number E-mail Address
Date Signature
Return completed form to:
Pro Se Office (Room 200) 500 Pearl Street New York, NY 10007