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Rice v. Schaefer

United States District Court, E.D. New York

May 11, 2017

JAMIE RICE, Plaintiff,
v.
RANDY J. SCHAEFER, ESQ., THE MARGOLIN & WEINREB LAW GROUP, LLP, GUSTAVIA HOME, LLC, JARED DOTOLI, CROSBY CAPTIAL USA and YONEL DEVICO, Defendants.

          ORDER

          Peggy Kuo, United States Magistrate Judge.

         The Honorable Roslynn R. Mauskopf, United States District Judge, has assigned this case to me for all pretrial purposes. Enclosed is a copy of the “Individual Practices of Magistrate Judge Peggy Kuo.”

         The Court's records reflect that the complaint in this action was filed on May 8, 2017. Rule 4(m) of the Federal Rules of Civil Procedure provides:

If a defendant is not served within 90 days after the complaint is filed, the court - on motion or on its own after notice to the plaintiff - must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.

         Plaintiff shall promptly advise the Court once the defendants have been served. Accordingly, if service is not made upon defendants by August 7, 2017, or plaintiff fails to show good cause why such service has not been effected, it will be recommended that the Court dismiss this action without prejudice.

         Plaintiff is required to advise the Clerk of Court of any change of address. Failure to keep the Court informed of plaintiff's current address means the Court will not know where to contact plaintiff and may result in dismissal of the case. For information regarding court procedures, plaintiff may contact the Pro Se Office at the United States Courthouse by calling (718) 613-2665.

         SO ORDERED.

         Individual Practice Rules of MAGISTRATE JUDGE PEGGY KUO

         Effective November 14, 2016

         United States District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 718.613.2400

         Courtroom 11C South Courtroom Deputy -- Claudia Riquelme: 718.613.2404

         I. Communications with Chambers

         A. Written Communications

         All communications with Chambers must be through electronic filing on ECF. (For more information on ECF, see Section II below.) In emergency situations requiring immediate attention, telephone calls to alert the Court to a filing are permitted.

         B. Telephone Calls

         Telephone calls to Chambers are not permitted except when immediate attention is required.

         C. Faxes

         Faxes are not permitted except with the prior permission of Chambers.

         D. E-mail

         E-mails are permitted only for sending confidential settlement statements to Chambers, or as otherwise directed by the Court.

         II. Case Filings

         A. Mandatory Electronic Case Filing (ECF)

         1. Counsel must file all documents via the Court's Electronic Case Filing system (ECF). If you are encountering difficulties using ECF, call the ECF Help Desk at 718.613.2312 for assistance. Do not call Chambers.

         2. Orders and other notices from the Court will be posted via ECF. Only parties registered for ECF or attorneys who have filed a Notice of Appearance in a particular case will receive notifications. No notifications will be sent to anyone who has not entered an appearance in a case.

         3. Filing procedures for pro se cases

a. Pro se litigants are not required to file on ECF but must follow instructions from the Clerk's Office on how to communicate with the Court. Pro se litigants must keep current contact information on file with the Court, or risk dismissal of claims or other sanctions.
b. Counsel in cases involving pro se litigants must send copies of all documents filed on ECF to the pro se party.
c. Court orders will be provided to pro se litigants by U.S. mail.
d. All pro se litigants and represented parties in cases involving pro se litigants are directed to the relevant Local Civil Rules, including 7.2, 12.1, 33.2, and 56.2.

         B. Sealing of Submissions

         Motions for leave to file documents under seal must be filed via ECF in accordance with the EDNY's instructions for electronically filing sealed documents. The proposed sealed document(s) must be attached to the motion for leave to file under seal. Instructions for filing sealed documents in civil cases are at: https://img.nyed.uscourts.gov/files/forms/EfilingSealedCV.pdf. Instructions for ...


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