Case details

Court: nysd
Docket #: 1:13-cv-05882
Case Name: Poindexter v. Cash Money Records
PACER case #: 416698
Date filed: 2013-08-20
Assigned to: Judge Robert W. Sweet
Case Cause: 28:1331 Fed. Question
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-08-20 1 0 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jacqueline Poindexter.(msa) (Entered: 08/27/2013)
2013-08-20 2 0 COMPLAINT against Cash Money Records. Document filed by Jacqueline Poindexter.(msa) (Entered: 08/27/2013)
2013-08-30 3 0 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. ยง 1915. (Signed by Judge Loretta A. Preska on 8/30/2013) (sbr) (Entered: 09/03/2013)
2013-09-06 5 0 ORDER OF SERVICE: To allow Plaintiff, who is proceeding in forma pauperis, to effect service on Defendant through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for Defendant. Within thirty days of the date of this order, Plaintiff must complete a USM-285 form for Defendant and return this form to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, she must notify the Court in writing within thirty days of the date of this order and request that a summons be issued directly to her. If within thirty days, Plaintiff has not returned the USM-285 form or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of the completed USM-285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Defendant. No matter what method of service Plaintiff chooses, she must effect service within 120 days of the date the summons is issued. It is Plaintiffs responsibility to inquire of the Marshals Service as to whether service has been made and if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir.), cert. denied, 133 S Ct. 655 (U.S. 2012). If within 120 days of issuance of the summons, Plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Finally, it is Plaintiffs obligation to promptly submit a written notification to the Court if Plaintiffs address changes, and the Court may dismiss the action if Plaintiff fails to do so. USM-285 Form due by 10/7/2013. Request for Issuance of Summons due by 10/7/2013. (Signed by Judge Analisa Torres on 9/4/2013) (rsh) (Entered: 09/06/2013)
2013-09-18 6 0 INITIAL PRETRIAL CONFERENCE ORDER IN A PRO SE CASE: All parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 4:00 p.m., on January 15, 2014, before Judge Analisa Torres in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences. The parties are directed to each submit a letter, not to exceed five (5) pages, January 8, 2014, addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s), (2) any contemplated motions and (3) the prospect for settlement. The parties shall set forth the date and time of the conference in the opening paragraph of each letter. The Clerk of Court is directed to mail this Order to all pro se parties. (Signed by Judge Analisa Torres on 9/18/2013) (rsh) (Entered: 09/18/2013)
2013-10-29 7 0 LETTER addressed to Judge Analisa Torres from Jacqueline Poindexter, dated 10/27/13 re: Plaintiff informs the Court that she realized that she may have exceeded the thirty day limit in which to send the Marshals Form 285 to the Court; and she requests that the Court go forward with processing her United States Marshals materials. Document filed by Jacqueline Poindexter.(sc) (Entered: 10/29/2013)
2013-11-19 8 0 LETTER addressed to Judge Analisa Torres from James Darrow dated 11/19/2013 Document filed by Cash Money Records.(Darrow, James) (Entered: 11/19/2013)
2013-11-19 9 0 CERTIFICATE OF SERVICE of Letter served on Jacqueline Poindexter on 11/19/2013. Service was made by MAIL AND EMAIL. Document filed by Cash Money Records. (Darrow, James) (Entered: 11/19/2013)
2013-11-22 10 0 NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of Cash Money Records. (Arato, Cynthia) (Entered: 11/22/2013)
2013-11-22 11 0 NOTICE OF APPEARANCE by James Spiegel Darrow on behalf of Cash Money Records. (Darrow, James) (Entered: 11/22/2013)
2013-11-22 12 0 AFFIDAVIT OF SERVICE of Notices of Appearance by Cynthia S. Arato and James Darrow served on Jacqueline Poindexter on 11/22/2013. Service was made by Mail. Document filed by Cash Money Records. (Arato, Cynthia) (Entered: 11/22/2013)
2013-11-25 13 0 LETTER addressed to Judge Robert W. Sweet from Jacqueline Poindexter, dated 11/21/13 re: Plaintiff submits this letter in response to the defendant's, Cash Money Records, letter dated 11/19/13; and she informs the Court that she does not want her case transferred, as based on Cash Money's respective allegations etc. Document filed by Jacqueline Poindexter.(sc) (Entered: 11/26/2013)
2013-12-06 14 0 ORDER: Defendant's letter, dated November 19, 2013, will be treated as a motion and heard on submission on January 15, 2014. All motion papers shall be served in accordance with Local Rule 6.1. IT IS SO ORDERED. (Signed by Judge Robert W. Sweet on 12/05/2013) (ama) (Entered: 12/06/2013)
2013-12-20 15 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Cash Money Records served on 12/11/2013, answer due 1/2/2014. Service was accepted by Cynthia Arato. Document filed by Jacqueline Poindexter. (sc) (Entered: 12/27/2013)
2013-12-27 16 0 LETTER addressed to Judge Robert W. Sweet from James Darrow dated 12/27/2013 Document filed by Cash Money Records.(Darrow, James) (Entered: 12/27/2013)
2013-12-27 17 0 CERTIFICATE OF SERVICE of Letter addressed to Judge Robert W. Sweet served on Jacqueline Poindexter on 12/27/2013. Service was made by Mail and Email. Document filed by Cash Money Records. (Darrow, James) (Entered: 12/27/2013)
2014-01-08 18 0 LETTER addressed to Judge Robert W. Sweet from Jacqueline Poindexter, dated 1/6/14 re: Plaintiff requests that the Court treat her 11/21/13 answer as an opposition to defendant's motion (letter application dated 11/19/13 treated as motion by the Court). Document filed by Jacqueline Poindexter.(sc) (Entered: 01/09/2014)
2014-01-14 19 0 LETTER addressed to Judge Robert W. Sweet from James Darrow dated 01/14/2014 Document filed by Cash Money Records.(Darrow, James) (Entered: 01/14/2014)
2014-01-14 20 0 CERTIFICATE OF SERVICE of Letter addressed to Judge Robert W. Sweet served on Jacqueline Poindexter on 01/14/2014. Service was made by Mail and Email. Document filed by Cash Money Records. (Darrow, James) (Entered: 01/14/2014)
2014-03-03 21 0 LETTER addressed to Judge Robert W. Sweet from James Darrow dated 03/03/2014 Document filed by Cash Money Records.(Darrow, James) (Entered: 03/03/2014)
2014-03-03 22 0 CERTIFICATE OF SERVICE of Letter addressed to Judge Robert W. Sweet served on Jacqueline Poindexter on 03/03/2014. Service was made by Mail and Email. Document filed by Cash Money Records. (Darrow, James) (Entered: 03/03/2014)
2014-04-08 23 0 OPINION #104185: The March 3, 2014 Opinion dismissed the complaint in the Robert Poindexter Action pursuant to Rule 12(b) (6). Since the Complaint and the Robert Poindexter Complaint contain virtually identical allegations the Court, in an effort to administer its docket, is prepared to dismiss the Plaintiff's Complaint sua sponte unless an opposition is filed within twenty days. Accordingly, Defendant's motion for a stay is granted pending resolution of this issue. It is so ordered. (Signed by Judge Robert W. Sweet on 4/8/2014) (kgo) Modified on 4/9/2014 (ca). (Entered: 04/08/2014)
2014-04-21 24 0 LETTER addressed to Judge Robert W. Sweet from Jacqueline Poindexter dated 4/17/2014 re: Opposition to the Opinion. Document filed by Jacqueline Poindexter.(sac) (Entered: 04/24/2014)
2014-04-24 25 0 LETTER addressed to Judge Robert W. Sweet from James Darrow dated 04/24/2014 re: Jacqueline Poindexter's Opposition to the Opinion. Document filed by Cash Money Records. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Darrow, James) (Entered: 04/24/2014)
2014-04-24 26 0 CERTIFICATE OF SERVICE of Letter addressed to Judge Robert W. Sweet served on Jacqueline Poindexter and Robert Poindexter on 04/24/2014. Service was made by Mail and Email. Document filed by Cash Money Records. (Darrow, James) (Entered: 04/24/2014)
2014-05-07 29 0 LETTER addressed to Judge Robert W. Sweet from Jacqueline Poindexter dated 5/2/2014 re: I Jacqueline Poindexter Pro Se in this action, responds to Cash Money's response to my opposition to the court's Opinion dated April 4/8/14 (the opinion). Document filed by Jacqueline Poindexter.(man) (Entered: 05/13/2014)
2014-05-14 30 0 LETTER addressed to Judge Robert W. Sweet from James Darrow dated 05/14/2014 Document filed by Cash Money Records.(Darrow, James) (Entered: 05/14/2014)
2014-05-14 31 0 AFFIDAVIT OF SERVICE of Letter addressed to Judge Robert W. Sweet served on Jacqueline Poindexter and Robert Poindexter on 05/14/2014. Service was made by Mail and Email. Document filed by Cash Money Records. (Darrow, James) (Entered: 05/14/2014)
2014-05-16 32 0 ORDER. Plaintiff's letter, dated May 2, 2014, will be treated as a motion and heard on submission on June 25, 2014. All motion papers shall be served in accordance with Local Rule 6.1. It is so ordered. (Signed by Judge Robert W. Sweet on 5/15/2014) (rjm) (Entered: 05/16/2014)
2014-06-02 33 0 LETTER addressed to Judge Robert W. Sweet from Robert Poindexter, dated 5/29/14 re: Plaintiff responds to certain parts of Cash Money Records' (Cash Money) 5/14/14 letter to the Court; and he disagrees with Cash Money's assertion in the May 14 letter that the "Still Ballin" video is not new and does not demonstrate Cash Money's involvement; and the plaintiff requests that the Court not dismiss her/his case at this juncture in the proceedings. Document filed by Robert Poindexter, Jacqueline Poindexter.(sc) (Entered: 06/03/2014)
2014-08-05 34 0 OPINION #104597. Based on the conclusions set forth above, the Complaint is dismissed without prejudice sua sponte. Leave is granted to replead an amended complaint within 20 days. (Signed by Judge Robert W. Sweet on 7/30/2014) (lmb) Modified on 8/12/2014 (ca). (Entered: 08/05/2014)
2014-08-06 35 0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Reconsideration re; 34 Memorandum & Opinion or for clarification re same. Document filed by Cash Money Records.(Arato, Cynthia) Modified on 8/6/2014 (db). (Entered: 08/06/2014)
2014-08-06 36 0 AFFIDAVIT OF SERVICE of Letter served on Jacqueline Poindexter on 8/6/2014. Service was made by Mail. Document filed by Cash Money Records. (Arato, Cynthia) (Entered: 08/06/2014)
2014-08-06 37 0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Clarification re: 34 Memorandum & Opinion or for reconsideration re same. Document filed by Cash Money Records.(Arato, Cynthia) Modified on 8/6/2014 (db). (Entered: 08/06/2014)
2014-08-12 38 0 LETTER addressed to Judge Robert W. Sweet from Jacqueline Poindexter re: Plaintiff submits this letter in response to the defendant's, Cash Money Records, letter to the Court dated 8/6/14; and she states that she respects the court opinion dated 8/5/14 and agrees with the Court granting her the right to replead in an Amended Complaint. Document filed by Jacqueline Poindexter.(sc) (Entered: 08/13/2014)
2014-08-19 39 0 ORDER: Defendant's letter, dated August 6, 2014, shall be treated as motion and heard on submission on September 3, 2014. All motion papers shall be served in accordance with Local Rule 6.1. (Signed by Judge Robert W. Sweet on 8/18/2014) (mro) (Entered: 08/19/2014)
2014-08-25 40 0 AMENDED COMPLAINT amending 2 Complaint against Cash Money Records with JURY DEMAND.Document filed by Jacqueline Poindexter. Related document: 2 Complaint filed by Jacqueline Poindexter.(sac) (Entered: 08/27/2014)
2014-08-28 41 0 CERTIFICATE OF SERVICE of Letter to Judge Sweet, dated 8/28/2014 served on Jacqueline Poindexter on 8/28/2014. Service was made by Mail. Document filed by Cash Money Records. (Darrow, James) (Entered: 08/28/2014)
2014-09-02 42 0 LETTER addressed to Judge Robert W. Sweet from Jacqueline Poindexter dated 8/26/2014 re: This letter is in reference to the Court's opinion dated 8/5/2014 granting me the right to file an Amended Complaint. Document filed by Jacqueline Poindexter.(rdz) (Entered: 09/03/2014)
2014-09-04 43 0 ENDORSED LETTER addressed to Judge Robert W. Sweet from James Darrow dated 8/28/2014 re: Request a stay of this case. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 9/1/2014) (ajs) (Entered: 09/04/2014)
2014-09-09 44 0 CERTIFICATE OF SERVICE of Letter to Judge Sweet, dated 8/28/2014 served on Jacqueline Poindexter on 9/9/2014. Service was made by Mail. Document filed by Cash Money Records. (Darrow, James) (Entered: 09/09/2014)
2014-09-18 45 0 OPINION: Based on the conclusions given within, Cash Money's motion is denied. It is so ordered. (Signed by Judge Robert W. Sweet on 9/17/2014) (ajs) (Entered: 09/18/2014) 2014-09-18 20:29:05 2e973471aadefe2ed0dabff61645e8b225bc4693