Weilburg et al v. Jacobson et al

United States District Court Northern District of New York
Case #: 5:22-cv-00432
Circuit: 2nd
Cause: 42:1983 Civil Rights Act

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Plaintiffs:

Weilburg, Daro

Weilburg, Maria

Defendants:

Altman, Robert

Castellane, Richard

Doe, Jane

Does, Jane

Does, John

Jacobson, Nicholas

The Law Firm of Bond, Schoeneck & King,

2022-11-30: ORDER: Ordered that plaintiffs' motion for the appointment of counsel (Dkt. No. 26) is Denied without prejudice as discussed above; Ordered, that the Clerk issue a summons and forward it, along with a copy of the Third Amended Complaint (Dkt. No. 24), Judge Hurd's November 22, 2022 Order (Dkt. No. 27), and a packet containing General Order 25, which sets forth the Civil Case Management Plan used by the Northern District of New York, to the United States Marshal, for service upon the defendant Richard Castellane; Ordered that a formal response to plaintiffs' complaint be filed by the defendant or defendant's counsel as provided for in the Federal Rules of Civil Procedure subsequent to service of process on the defendants; Ordered, that the Clerk is directed to schedule a Rule 16 conference before me; Ordered that all pleadings, motions, and other documents relating to this action must bear the case number assigned to this action and be filed with the Clerk of the United States District Court, Northern District of New York, 7th Floor, Federal Building, 100 S. Clinton Street, Syracuse, New York 13261-7367. Any paper sent by a party to the Court or the Clerk must be accompanied by a certificate showing that a true and correct copy of the same was served on all opposing parties or their counsel. Any document received by the Clerk or the Court which does not include a proper certificate of service will be stricken from the docket. Plaintiffs must comply with all requests by the Clerk's Office for any documents that are necessary to maintain this action. All parties must comply with the Local Rules of the Northern District of New York in filing motions. Plaintiffs are also required to promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in his or her address; failure to do so will result in the dismissal of this action; and Ordered that the Clerk shall serve a copy of this Decision and Order on plaintiffs.Signed by US Magistrate Judge Andrew T. Baxter on 11/30/2022. (Copy served upon pro se plaintiffs via regular mail on 11/30/2022.)(hmr)

2022-11-22: ORDER on 25 Report and Recommendation: that the Report & Recommendation is Accepted; that the Plaintiffs' third amended complaint (Dkt. No. 24 is Dismissed in part and accepted for filing in part; that the Plaintiffs' third amended complaint is Dismissed with Prejudice as to defendants Nicholas Jacobson and the Law Firm of Bond, Schoeneck & King; that the Plaintiffs' third amended complaint against the other individuals identified in the pleading (with the exception of defendant Castellane is Dismissed without Prejudice, but without leave to further amend; that the Clerk of the Court is directed to terminate those defendants from the docket sheet in this action and that the Plaintiffs' third amended complaint shall be Returned to Judge Baxter for an order related to service on defendant Richard Castellane. Signed by Judge David N. Hurd on 11/22/2022. (Copy served upon pro se plaintiffs via regular mail on 11/22/22.)(hmr)

2022-11-04: e Judge Andrew T. Baxter on 11/04/2022. (Copy served upon pro se plaintiffs, Daro C. Weilburg and Maria T. Weilburg via regular mail on 11/4/2022.)(hmr)REPORT AND RECOMMENDATION re 24 Amended Complaint filed by Daro C. Weilburg, Maria T. Weilburg: Recommended, that the 24 Third Amended Complaint be Dismissed with Prejudice as to Defendants Nicholas Jacobson and the Law Firm of Bond, Schoeneck & King; Recommended, that plaintiff's claims against other individuals identified in the Third Amended Complaint but not listed as defendants be Dismissed without Prejudice, but without the opportunity to amend; and Recommended, that if the court adopts this recommendation, the complaint be returned to me for any orders related to service of the Third Amended Complaint on Defendant Richard Castellane. Objections to R&R due by 11/18/2022 Case Review Deadline 11/21/2022Signed by US Magistrat

2022-09-12: ORDER ON REPORT & RECOMMENDATION: that the 22 Report & Recommendation is Accepted; that the Plaintiffs' second amended complaint (Dkt. No. 21) is Dismissed; that the Plaintiffs have thirty days in which to amend their complaint to the extent specifically authorized in Judge Baxter's May 18 2022 Order and Report-Recommendation; that any amended pleading must be a complete pleading, which will supersede the original; that the plaintiffs must include all the remaining facts and causes of action in any amended pleading they choose to file; and that any pleading shall be returned to Judge Baxter for review and any further orders relating to service. Signed by Judge David N. Hurd on 09/12/2022. (Copy served upon pro se plaintiffs, Daro C. Weilburg and Maria T. Weilburg via regular mail on 9/12/2022.)(hmr)

2022-08-23: REPORT-RECOMMENDATION. It is RECOMMENDED that the SAC (Dkt. No. 21) be DISMISSED in its entirety in the interest of judicial economy and consistent with the prior pending action doctrine, and it is RECOMMENDED, that if the District Court adopts this recommendation, plaintiffs be given thirty (30) days to amend their complaint to the extent specifically authorized in my previous ORR and this Report-Recommendation, and that plaintiffs be advised that any amended pleading must be a COMPLETE PLEADING, WHICH WILL SUPERCEDE THE ORIGINAL, and that plaintiffs must include all the remaining facts and causes of action in the amended complaint. No facts or claims from the original complaint may be incorporated by reference, and it is RECOMMENDED, that if the District Court adopts this recommendation, and plaintiffs file a proposed amended complaint, the proposed amended complaint be returned to me for review and any further orders relating to service on the defendant(s), and it is RECOMMENDED, that if plaintiffs fail to file a proposed amended complaint within the time allotted by the court or fails to request a reasonable extension of that time, the SAC be dismissed without further review by the court (Objections to R&R due by 9/6/2022 Case Review Deadline 9/9/2022). Signed by US Magistrate Judge Andrew T. Baxter on August 23, 2022. (Copy served via regular mail)(ztc, )

2022-06-07: ORDER ON REPORT-RECOMMENDATION: that the Report & Recommendation is Accepted; that plaintiffs' complaint is Dismissed without prejudice and with leave to amend as against defendants Nicholas Jacobson and The Law Firm of Bond, Schoeneck & King if plaintiffs can show these defendants, by their own conduct, were responsible for any discrimination, harassment, or other interference with plaintiffs' purported rental of the Property, because of plaintiffs' religion; that plaintiffs' complaint is Dismissed without prejudice but without leave to amend as against defendants Robert Altman, Jane Doe Jacobson, and the remaining John/Jane Doe defendants; that plaintiffs may, but are not required to, amend their complaint in accordance with the instructions set forth in the Report & Recommendation and this Order; that if plaintiffs elect to amend their complaint, they shall have forty-five days from the date of this Order in which to do so; that if plaintiffs chose not to amend their complaint, this matter shall be returned to Judge Baxter for service of the complaint on defendant Richard Castellane; and that if plaintiffs choose to file a proposed amended complaint within the forty-five day time period, this matter shall be returned to Judge Baxter for further review and any further orders relating to service on the defendants. Signed by Judge David N. Hurd on 06/07/2022. (Copy served upon pro se plaintiffs via regular mail on 6/7/2022.)(hmr)

2022-05-18: ORDER and REPORT-RECOMMENDATIONS re 1 Complaint, filed by Daro C. Weilburg, Maria T. Weilburg : Ordered, that plaintiff Daro Weilburgs motion to proceed IFP (Dkt. Nos. 2, 11) is Granted, and it is Ordered, that plaintiff Maria Weilburgs motion to proceed IFP (Dkt. Nos. 3, 12) is Granted, and it is Recommended, that the complaint be Dismissed in its entirety without prejudice and with the opportunity to amend as against Defendants Nicholas Jacobson and the Law Firm of Bond, Schoeneck & King, if plaintiff can show that these defendants were responsible for any discriminatory conduct as described above, and it is Recommended, that the complaint be Dismissed without prejudice but without the opportunity to amend against Defendants Robert Altman, Jane Doe Jacobson, and the remaining John/Jane Doe Defendants, Recommended, that if the District Court adopts this recommendation, plaintiffs be given forty-five (45) days to amend their complaint to the extent authorized, and that plaintiffs be advised that any amended pleading must be a complete pleading, which will supercede the original, and that plaintiffs must include all the remaining facts and causes of action in the amended complaint. No facts or claims from the original complaint may be incorporated by reference, and it is Recommended, that if the District Court adopts this Recommendation, and plaintiffs do not elect to amend their complaint, the case be returned to me for any orders relating to service of the complaint on defendant Castellane, and it is Recommended, that if the District Court adopts this recommendation, and plaintiff files a proposed amended complaint, the proposed amended complaint be returned to me for review of the amended complaint and any further orders relating to service on the defendants, and it is Ordered, that while plaintiffs may file objections to this Order and Report-Recommendation, before plaintiffs submit any amended pleading, they should wait for the District Court to rule on the above Orders and Recommendations.(Objections to R&R due by 6/1/2022, Case Review Deadline 6/6/2022), Motions terminated: 11 MOTION for Leave to Proceed in forma pauperis filed by Daro C. Weilburg filed by Daro C. Weilburg, 12 MOTION for Leave to Proceed in forma pauperis filed by Maria T. Weilburg filed by Maria T. Weilburg, 3 MOTION for Leave to Proceed in forma pauperis filed by Maria T. Weilburg filed by Maria T. Weilburg, 2 MOTION for Leave to Proceed in forma pauperis filed by Daro C. Weilburg filed by Daro C. Weilburg.Signed by US Magistrate Judge Andrew T. Baxter on 05/18/2022. (Copy served upon Daro Weilburg and Maria Weilburg, pro se plaintiffs via regular mail on 5/19/2022.)(hmr)