Case details

Court: nysd
Docket #: 1:12-cv-02263
Case Name: Poindexter v. West
PACER case #: 394101
Date filed: 2012-03-27
Assigned to: Judge Paul A. Engelmayer
Case Cause: 28:1391 Personal Injury
Nature of Suit: 820 Copyright
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Robert Poindexter
Plaintiff
 
Robert Poindexter
153-27 120 Avenue
Jamaica, NY 11434
PRO SE
Kanye West
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-03-27 1 0 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert Poindexter.(ama) (Entered: 03/30/2012)
2012-03-27 2 0 COMPLAINT against Kanye West. Document filed by Robert Poindexter.(ama) (Entered: 03/30/2012)
2012-04-30 3 0 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. ยง 1915. (Signed by Judge Loretta A. Preska on 4/30/2012) (rjm) (Entered: 04/30/2012)
2012-05-03 5 0 NOTICE OF CASE ASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 05/03/2012)
2012-05-04 7 0 ORDER OF SERVICE: The Clerk of Court is directed to issue a Summons in this action, and Plaintiff is directed to serve the Summons and Complaint upon each Defendant within 120 days of the issuance of the Summons. If service has not been made within the 120 days, and Plaintiff has not requested an extension of time to serve within that 120 days, the Complaint may be dismissed for failure to prosecute, pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. (Signed by Judge Paul A. Engelmayer on 5/4/2012) (djc) (Entered: 05/04/2012)
2012-09-14 8 0 ORDER TO SHOW CAUSE: It is hereby ORDERED that the plaintiff advise the Court in writing why plaintiff has failed to serve the Summons and Complaint within the 120-day period, or, if you believe that the defendant has been served, when and in what manner such service was made. It is further ORDERED that if the Court does not receive any written communication from plaintiff by October 15, 2012, showing good cause why such service was not made within the 120 days, the Court will dismiss the case. In the event that plaintiff s address changes, please be sure to inform the Clerk of Court of your new address. Failure to do so may result in dismissal of your lawsuit. (Signed by Judge Paul A. Engelmayer on 9/14/2012) (jfe) (Entered: 09/14/2012)
2012-09-21 9 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Kanye West. Attempted Service of Summons and Complaint. Service was attempted on 9/18/2012. Document filed by Robert Poindexter. (rjm) (Entered: 10/04/2012)
2012-10-18 10 0 RESPONSE to Order to Show Cause for extension to serve complaint and summons. Document filed by Robert Poindexter. (js) (Entered: 10/18/2012)
2012-11-15 11 0 ORDER: This Court having required by Order dated September 14, 2012, that plaintiff show good cause why service was not made within the 120 days provided by Rule 4(m), Fed.R.Civ.P., and plaintiff having responded by letter received October 18, 2012, showing good cause for the delay, it is hereby ORDERED that plaintiff shall have until January 14, 2013 to serve defendants and provide proof of service to the Court. If you do not provide proof of service or request in writing prior to January 14, 2013, an extension of the time to serve which shows good cause why such service was not made, the Court will dismiss the case., ( Service due by 1/14/2013.) (Signed by Judge Paul A. Engelmayer on 11/14/2012) (lmb) (Entered: 11/15/2012)
2013-01-14 12 0 RESPONSE TO ORDER TO SHOW CAUSE FOR EXTENSION TO SERVE COMPLAINT & SUMMONS re: 8 Order to Show Cause; and that plaintiff requests that the Court will grant plaintiff an extension of of time to find alternative methods of service, including time to subpoena those in close contact with him etc. Document filed by Robert Poindexter. (sc) (Entered: 01/15/2013)
2013-01-18 13 0 ORDER: By Order dated September 14, 2012, the Court required that plaintiff show good cause why service was not made within the 120 days provided by Rule 4(m), Fed. R. Civ. P. By letter dated October 18, 2012, plaintiff did so, and the Court granted him an extension until January 14, 2013. Because plaintiff has now responded by letter received January 14, 2013, showing continuing good cause for the delay, it is hereby ORDERED that plaintiff shall have until April 15, 2013 to serve defendant and provide proof of service to the Court. If you do not provide proof of service or request in writing prior to April 15, 2013, an extension of the time to serve which shows good cause why such service was not made, the Court will dismiss the case., ( Service due by 4/15/2013.) (Signed by Judge Paul A. Engelmayer on 1/17/2013) (lmb) (Entered: 01/18/2013)
2013-04-18 15 0 ORDER: By Order dated January 17, 2013, the Court granted plaintiff an extension of time to April 15, 2013, in which to serve the defendant. The Court has received a letter dated April 15, 2013, stating that plaintiff has located the address of defendant's company, and is working with the U.S. Marshals and diligently seeking to serve him. Because plaintiff has showed continuing good cause for the delay, it is hereby. ORDERED that plaintiff shall have until June 1, 2013 to serve defendant and provide proof of service to the Court. This will be the final extension. If plaintiff is unable to serve defendant, the case will be dismissed without prejudice, SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/17/2013) (rsh) (Entered: 04/18/2013)
2013-06-11 17 0 ORDER OF DISMISSAL: A review of court records indicates that the complaint in this action was filed on March 27, 2012; and that no proof of service of the summons and complaint has been filed. By Order dated April 18, 2013, the Court granted plaintiff a third extension of time-to June 1, 2013-in which to serve the defendant. Dkt. 15. The Court has received a letter from plaintiff dated June 3, 2013, seeking a further extension. Dkt. 16. Because the Court's previous order indicated that it would be the final extension, that request is denied. Accordingly, pursuant to Federal Rule of Civil Procedure 4(m), it is ordered that the case be dismissed for failure to prosecute, without prejudice to plaintiff's filing the case anew. (Signed by Judge Paul A. Engelmayer on 6/10/2013) (djc) (Entered: 06/11/2013)
2013-06-07 18 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Kanye West. Attempted Service of Summons and Complaint. Service was attempted on 6/3/2013. Document filed by Robert Poindexter. (ft) (Entered: 06/12/2013)
2013-06-20 20 0 NOTICE OF MOTION TO RECONSIDER ORDER OF DISMISSAL; re: 17 Order of Dismissal. Document filed by Robert Poindexter.(sc) (Entered: 06/21/2013)
2013-07-17 21 0 ORDER OF SERVICE: On June 10, 2013, the Court dismissed this case without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 4(m), because plaintiff had not yet served defendant. Dkt. 17. Plaintiff has now moved for reconsideration of the Court's dismissal, contending that he has tried in good faith to serve the defendant with the assistance of the U.S. Marshals, and states that he will now utilize a privately-retained process server. Dkt. 20. The Court grants plaintiff's motion, and will allow plaintiff a final opportunity to serve the defendant, although without the Marshals' assistance. The Clerk of Court is directed to reopen this case and issue a Summons in this action. Plaintiff is directed to serve the Summons and Complaint upon the defendant within 120 days of the issuance of the Summons. If service has not been made within the 120 days, and plaintiff has not requested an extension of time to serve within that 120 days, the Complaint may be dismissed for failure to prosecute, pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. (Signed by Judge Paul A. Engelmayer on 7/16/2013) (djc) Modified on 7/19/2013 (djc). (Entered: 07/18/2013)
2013-11-15 22 0 LETTER addressed to Judge Paul A. Engelmayer from Robert Poindexter, dated 11/15/13 re: The plaintiff requests that the Court grant him permission to file an Amended Complaint. Document filed by Robert Poindexter.(sc) (Entered: 11/18/2013)
2013-11-20 23 0 ORDER OF SERVICE: On July 16,2013, the Court gave plaintiff 120 days to serve the defendant without the Marshals' assistance. Dkt. 21. On November 15,2013, plaintiff submitted a letter to the Court, requesting "permission to file an Amended Complaint containing new addresses and efforts in my attempts to serve the summons in this case." Dkt. 22. In the same letter, plaintiff states that he has "reasons to believe that the professional server has located Kanye West's residence and may serve the summons very soon." Id. The Court interprets plaintiff's letter as a request for an extension to serve the summons issued in this case. That request is granted. Plaintiff has until December 20, 2013 to serve the summons. If service has not been made by December 20, 2013, the Complaint will be dismissed for failure to prosecute, pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. (Signed by Judge Paul A. Engelmayer on 11/20/2013) (lmb) (Entered: 11/20/2013)
2013-12-26 24 0 LETTER addressed to Judge Paul A. Engelmayer from Robert Poindexter, dated 12/19/13 re: Default in Final Extension to Serve Kanye West/No.Civ. 2263(PAE). Document filed by Robert Poindexter.(sc) (Entered: 12/30/2013)