Case details

Court: nyed
Docket #: 1:11-cv-03975
Case Name: Arrocha v. City University of New York et al
PACER case #: 321202
Date filed: 2011-08-16
Date terminated: 2012-07-25
Assigned to: Judge Eric N. Vitaliano
Referred to: Magistrate Judge Lois Bloom
Case Cause: 42:2000e Job Discrimination (Employment)
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: None
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
Jose Luis Arrocha
Plaintiff
 
Jose Luis Arrocha
5320 6th Avenue, Apt.# 4E
Brooklyn, NY 11220
(347) 599-1175
PRO SE
City University of New York
Defendant
 
Steven Leon Banks
NYS Office of the Attorney General
120 Broadway, 24th Floor
New York, NY 10271
(212)416-8621
Fax: (212)416-6075
Email: Steven.Banks@oag.state.ny.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Manuel Senen Vivero
Defendant
 
Steven Leon Banks
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Howard Johnson
Defendant
 
Steven Leon Banks
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-08-16 1 0 COMPLAINT against City University of New York, Manuel Jenen Vivero, filed by Jose Luis Arrocha. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 08/18/2011) 2013-10-17 15:01:27 1cf8c43813430f8e4e0a134098eb41f94f0d615e
1 1 Civil Cover Sheet
2011-08-16 2 0 MOTION for Leave to Proceed in forma pauperis by Jose Luis Arrocha. (Davis, Kimberly) (Entered: 08/18/2011)
2011-08-29 3 0 MOTION for Leave to Proceed in forma pauperis filed by Jose Luis Arrocha. (Galeano, Sonia) (Entered: 08/29/2011)
2011-08-30 4 0 ORDER: Plaintiff's 3 application to proceed in forma pauperis under 28 U.S.C. § 1915 is hereby granted. The United States Marshals Service is directed to serve the summons and complaint upon the named defendants without prepayment of fees. The parties shall advise the Court by signing the enclosed form whether they jointly consent to trial and decision on this case by me, a United States Magistrate Judge, pursuant to 28 U.S.C. § 636(c). SO ORDERED by Magistrate Judge Lois Bloom, on 8/30/2011. C/mailed w/Attachments: # 1 Consent to Magistrate Judge Trial, # 2 Individual Practices of Magistrate Judge Lois Bloom. (Latka-Mucha, Wieslawa) (Modified) (Entered: 08/31/2011)
2011-08-31 5 0 SUMMONS ISSUED as to the City University of New York; Manuel Senen Vivero. (Latka-Mucha, Wieslawa) (Entered: 08/31/2011)
2011-09-29 6 0 NOTICE of Appearance by Steven Leon Banks on behalf of City University of New York, Manuel Senen Vivero (aty to be noticed) (Banks, Steven) (Entered: 09/29/2011)
2011-09-29 7 0 MOTION for Extension of Time to File motion to dismiss and proposed briefing schedule by City University of New York, Manuel Senen Vivero. (Banks, Steven) (Entered: 09/29/2011)
2011-10-06 8 0 SUMMONS Returned Executed by Jose Luis Arrocha. City University of New York served on 9/28/2011, answer due 10/19/2011. (Galeano, Sonia) (Entered: 10/11/2011)
2011-10-06 9 0 SUMMONS Returned Executed by Jose Luis Arrocha. Manuel Senen Vivero served on 9/28/2011, answer due 10/19/2011. (Galeano, Sonia) (Entered: 10/11/2011)
2011-10-14 10 0 AMENDED COMPLAINT against City University of New York, Manuel Senen Vivero, Howard Johnson; filed by pro se Jose Luis Arrocha, dated 10/14/2011. W/Attachments: # 1 Affirmation of Service. (Latka-Mucha, Wieslawa) (Entered: 10/17/2011)
2011-10-20 11 0 ORDER, The amended complaint adds Howard Johnson as a deft to this action. Defts City University of NY and Vivero have already sought the Court's permission to move to dismiss pltff's original complaint and according to the briefing schedule set by the Court, defts' motion to dismiss will be served on pltff by 11/14/11. (Docket Entry #7). As defts have not yet served their motion to dismiss, pltff may amend his complaint as a matter of course. Pltff has not provided an address where deft Johnson can be served with the amended complaint. He shall do so immediately by writing to the Court so that service can be made on the new deft. The Court hereby stays defts City University of NY and Vivero's response to the amended complaint until deft Johnson has been served with process. (Ordered by Magistrate Judge Lois Bloom on 10/19/2011) c/m (Galeano, Sonia) (Entered: 10/20/2011)
2011-10-24 12 0 Letter dated 10/24/11 from Jose Luis Arrocha to USMJ Bloom, submitting address where deft Howard Johnson can be served. (Galeano, Sonia) (Entered: 10/25/2011)
2011-10-26 13 0 ORDER, The Clerk of Court is directed to prepare the necessary papers to have deft Johnson served with process. The US Marshals Service shall serve the summons and amended complaint on deft Johnson at the herein listed address. (Ordered by Magistrate Judge Lois Bloom on 10/25/2011) c/m (Galeano, Sonia) (Entered: 10/26/2011)
2011-11-07 14 0 MOTION for Extension of Time to File motion to dismiss amended complaint and to propose a briefing schedule by City University of New York, Howard Johnson, Manuel Senen Vivero. (Banks, Steven) (Entered: 11/07/2011)
2011-11-17 15 0 Letter dated 11/17/11 from Jose Luis Arrocha to USMJ Bloom, informing Your Honor that pltff received a copy of defts City University of NY's (CUNY) motion for dismissal of his complaint. Pltff states that he will submit a motion in opposition to the dismissal on or before 12/30/11. Pltff kindly request that this Court suspend all further court proceedings until 2/15/12, due to the fact that he must travel to Panama and make medical arrangements for his mother's care. (Galeano, Sonia) (Entered: 11/21/2011)
2011-12-02 16 0 SUMMONS Returned Executed by Jose Luis Arrocha. Howard Johnson served on 11/9/2011, answer due 11/30/2011. (Galeano, Sonia) (Entered: 12/02/2011)
2012-01-13 17 0 Notice of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint by City University of New York, Howard Johnson, Manuel Senen Vivero. (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 18 0 MEMORANDUM in Support re 17 Notice of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint filed by City University of New York, Howard Johnson, Manuel Senen Vivero. (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 19 0 AFFIDAVIT/DECLARATION in Support re 17 Notice of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint by Steven L. Banks, AAG filed by City University of New York, Howard Johnson, Manuel Senen Vivero. (Attachments: # 1 Exhibit A, B, # 2 Exhibit C, D, E, F, G, H, I, J) (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 20 0 NOTICE by City University of New York, Howard Johnson, Manuel Senen Vivero re 17 Notice of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint under Local Civil Rule 12.1 (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 21 0 AFFIDAVIT/DECLARATION in Opposition re 17 Notice of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint of Jose L. Arrocha (I) filed by Jose Luis Arrocha. (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 22 0 AFFIDAVIT/DECLARATION in Opposition re 17 Notice of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint of Jose L. Arrocha (II) filed by Jose Luis Arrocha. (Attachments: # 1 Exhibit A, # 2 Exhibit B, C, # 3 Exhibit D, # 4 Exhibit F, # 5 Exhibit G) (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 23 0 REPLY in Support re 17 Notice of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint filed by City University of New York, Howard Johnson, Manuel Senen Vivero. (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 24 0 CERTIFICATE OF SERVICE by City University of New York, Howard Johnson, Manuel Senen Vivero re 17 Notice of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 25 0 CERTIFICATE OF SERVICE by City University of New York, Howard Johnson, Manuel Senen Vivero re 18 Memorandum in Support of Motion to Dismiss (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 26 0 CERTIFICATE OF SERVICE by City University of New York, Howard Johnson, Manuel Senen Vivero re 19 Affidavit in Support of Motion, (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 27 0 CERTIFICATE OF SERVICE by City University of New York, Howard Johnson, Manuel Senen Vivero re 20 Notice(Other) under Local Civil Rule 12.1 (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 28 0 CERTIFICATE OF SERVICE by City University of New York, Howard Johnson, Manuel Senen Vivero re 23 Reply in Support of Motion to Dismiss (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 29 0 Letter transmitting courtesy copies of motion papers by City University of New York, Howard Johnson, Manuel Senen Vivero (Banks, Steven) (Entered: 01/13/2012)
2012-01-13 30 0 Letter MOTION for pre motion conference to address FERPA issue by City University of New York, Howard Johnson, Manuel Senen Vivero. (Banks, Steven) (Entered: 01/13/2012)
2012-01-19 31 0 ORDER, granting defts' 30 Motion for Pre Motion Conference and the Court shall hold a conference on 2/23/12 at 10:00 a.m., in Courtroom #11A. Pltff shall file his response to defts' letter by 2/21/12. (Ordered by Magistrate Judge Lois Bloom on 1/18/2012) c/m (Galeano, Sonia) (Entered: 01/19/2012)
2012-02-06 32 0 Letter dated 2/6/12 from Jose Luis Arrocha to USMJ Bloom and USDJ Vitaliano, re: employment discrimination complaint against Mr. Manuel Vivero, and CUNY. Pltff respectfully request that this Court consider his case and grant pltff his day in court by not dismissing his case because of a false claim that it exceeds the statute of limitation. (Galeano, Sonia) (Entered: 02/07/2012)
2012-02-23 33 0 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Conference held on 2/23/2012. Recorded. Tick #(s) 2:28 - 2:34. Appearances for Plaintiff: Jose Luis Arrocha, pro se; Defendants: Steven Leon Banks, Assistant Attorney General. (Latka-Mucha, Wieslawa) (Entered: 02/27/2012)
2012-02-24 34 0 ORDER: Defendants move to 30 compel plaintiff to return all copies of student education records allegedly obtained in violation of the Federal Family Education Rights and Privacy Act (FERPA) and to preclude plaintiff from offering Exhibits E and H in opposition to defendants' motion to dismiss. Plaintiff 32 responded to defendants' motion. The Court held a conference on 2/23/2012 to address defendants' motion. For the reasons stated on the record, defendants' motion is denied. The Clerk of Court shall file Exhibits E and H (attached hereto) and restrict their access to case participants only. SO ORDERED by Magistrate Judge Lois Bloom, on 2/24/2012. C/mailed. (Latka-Mucha, Wieslawa) (Entered: 02/27/2012)
2012-02-24 35 0 EXHIBITS E and H, re: Declaration of Plaintiff's 22 Affidavit / Affirmation in Opposition to Defendant's Motion to Dismiss; filed by pro se Jose Luis Arrocha. W/Attachment: # 1 Exhibit H. (Latka-Mucha, Wieslawa) (Entered: 02/27/2012)
2012-06-04 36 0 Letter dated 6/5/12 from Jose Luis Arrocha to Judge Vitaliano and US Magistrate Judge Bloom, informing the Court that pltff will be out of the country this summer. Pltff states that he will be residing in Colon, Republic of Panama and can be reached at the following number: #011(507) 68-00-46-43. Pltff seeks to inquire "why the Court is taking so much time to issue a ruling on the pending motion to dismiss." (Galeano, Sonia) (Entered: 06/06/2012)
2012-06-06 37 0 Letter dated 6/6/12 from Jose Luis Arrocha to Judge Vitaliano, re: corrections to letter dated 6/5/12. (Galeano, Sonia) (Entered: 06/06/2012)
2012-07-23 38 0 MEMORANDUM AND ORDER, For the foregoing reasons, the 17 Motion to Dismiss is granted and all claims, both federal and state, are dismissed. Further, in light of the fact that Arrocha already repleaded his claims once after defts indicated their intent to challenge the first complaint based on claim preclusion and because a liberal reading of the current complaint gives no indication that a valid claim could be stated if Arrocha were given the opportunity to file a third complaint, the dismissal is with prejudice as to all claims. The Clerk is directed to enter judgment and to close this case. (Ordered by Judge Eric N. Vitaliano on 7/08/2012) c/m Fwd. for Judgment. (Galeano, Sonia) (Entered: 07/23/2012) 2012-07-24 08:55:18 aa867c420e95c85b1fcdff62fa811a600d046192
2012-07-25 39 0 JUDGMENT, that the motion to dismiss is granted and all claims, both federal and state are dismissed with prejudice. (Ordered by Douglas C. Palmer, Clerk of Court on 7/25/2012) c/m with Appeals Package sent to Pltff. (Galeano, Sonia) (Entered: 07/25/2012) 2012-07-25 19:03:33 85a0f1f0d52876410bd048ee7e9153526edae61c
2012-08-15 40 0 NOTICE OF APPEAL as to 38 Order on Motion to Dismiss for Failure to State a Claim,, 39 Judgment by Jose Luis Arrocha. No fee paid. IFP granted. Service done electronically. (McGee, Mary Ann) (Entered: 08/15/2012)
2013-07-22 41 0 MANDATE of USCA as to 40 Notice of Appeal filed by Jose Luis Arrocha. It is Ordered that the Judgment of the District Court is affirmed. Issued as Mandate: 7/22/13. (McGee, Mary Ann) (Entered: 07/22/2013)