Remy v. Chromalloy Corporation
Remy v. Chromalloy Corporation
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LINDA REMY, Plaintiff, 23-CV-10327 (CS) -against- ORDER DIRECTING ADDRESS AND CHROMALLOY CORPORATION; NEW ORIGINAL SIGNATURE HAMPSHIRE INSURANCE COMPANY, Defendants. CATHY SEIBEL, United States District Judge: Plaintiff brings this action pro se. The complaint that she submitted is unsigned. Rule 11(a) of the Federal Rules of Civil Procedure provides that “[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name – or by a party personally if the party is unrepresented.” See also Local Civil Rule 11.1(a). The Supreme Court has interpreted Rule 11(a) to require “as it did in John Hancock’s day, a name handwritten (or a mark handplaced).” Becker v. Montgomery,
532 U.S. 757, 764(2001). Plaintiff is directed to resubmit the signature page of the complaint with an original signature within 30 days of the date of this order. A copy of the signature page is attached to this order. Plaintiff also did not provide her mailing address or consent to accept electronic service of documents. The Court directs Plaintiff, within 30 days of the date of this order, to provide her mailing address for service of documents or submit a consent to accept electronic service. A consent to electronic service form is attached to this order.1 0F
1 Plaintiff has another pending case in this district, Remy v. State of New York, 23-CV-7933 (S.D.N.Y.), in which she uses the following mailing address: 2 Jordan Place, Hillcrest, NY 10977. The Court therefore directs the Clerk to mail this order to that address. CONCLUSION Plaintiff is directed to submit, within 30 days of the date of this order (1) the signed signature page of her complaint, and (2) a written notice of her mailing address or a consent to accept electronic service. A copy of the signature page and a consent form to accept electronic service are attached to this order. The Court directs the Clerk to mail this order to Plaintiff at the following address: 2 Jordan Place, Hillcrest, NY 10977. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice. The Court certifies under
28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status 1s denied for the purpose of an appeal. Cf Coppedge v. United States,
369 U.S. 438, 444-45(1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Dated: November 30, 2023 White Plains, New York +
United States District Judge
B) PUNITIVE DAMAGES in an amount to be determined in a trial by jury C) COSTS AND FEES associated with litigating the instant matter D) ANY AND ALL OTHER RELIEF DEEMED NECESSARY AND APPLICABLE DATED: November 24, 2023 Respectfully Submitted,
esses DISTRI KER Sf. EE a NO 5 ey 4\ United States District Court 6 iT £/ Southern District of New York eS S, WB x ES ISTRICT Pro Se (Nonprisoner) Consent to Receive Documents Electronically Parties who are not represented by an attorney and are not currently incarcerated may choose to receive documents in their cases electronically (by e-mail) instead of by regular mail. Receiving documents by regular mail is still an option, but if you would rather receive them only electronically, you must do the following: 1. Sign up fora PACER login and password by contacting PACER! at www.pacer.uscourts.gov or 1-800-676-6856; 2. Complete and sign this form. If you consent to receive documents electronically, you will receive a Notice of Electronic Filing by e- mail each time a document is filed in your case. After receiving the notice, you are permitted one “free look” at the document by clicking on the hyperlinked document number in the e-mail.? Once you click the hyperlink and access the document, you may not be able to access the document for free again. After 15 days, the hyperlink will no longer provide free access. Any time that the hyperlinkis accessed after the first “free look” or the 15 days, you will be asked for a PACER login and may be charged to view the document. For this reason, you should print or save the document during the “free look” to avoid future charges. IMPORTANT NOTICE Under Rule 5 of the Federal Rules of Civil Procedure, Local Civil Rule 5.2, and the Court’s Electronic Case Filing Rules & Instructions, documents may be served by electronic means. If you register for electronic service: 1. You will no longer receive documents in the mail; 2. Ifyou do not view and download your documents during your “free look” and within 15 days of when the court sends the e-mail notice, you will be charged for looking at the documents; 3. This service does not allow you to electronically file your documents; 4. It will be your duty to regularly review the docket sheet of the case.3
1 Public Access to Court Electronic Records (PACER) (www.pacer.uscourts.gov) is an electronic public access service that allows users to obtain case and docket information from federal appellate, district, and bankruptcy courts, and the PACER Case Locator over the internet. 2 You must review the Court’s actual order, decree, or judgment and not rely on the description in the email notice alone. See ECF Rule 4.3 3 The docket sheet is the official record of all filings in a case. You can view the docket sheet, including images of electronically filed documents, using PACER or you can use one of the public access computers available in the Clerk’s Office at the Court. PRO SE INTAKE WINDOW LOCATIONS: 40 FOLEY SQUARE | NEW YORK, NY 10007 300 QUARROPAS STREET | WHITE PLAINS, NY 10601 MAILING ADDRESS: 500 PEARL STREET | NEW YORK, NY 10007
CONSENT TO ELECTRONIC SERVICE I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I affirm that: 1. Ihave regular access to my e-mail account and to the internet and will check regularly for Notices of Electronic Filing; 2. Ihave established a PACER account; 3. lIunderstand that electronic service is service under Rule 5 of the Federal Rules of Civil Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper copies of case filings, including motions, decisions, orders, and other documents; 4. [will promptly notify the Court if there is any change in my personal data, such as name, address, or e-mail address, or if ] wish to cancel this consent to electronic service; 5. Iunderstand that I must regularly review the docket sheet of my case so that I do not miss a filing; and 6. I understand that this consent applies only to the cases listed below and that if I file additional cases in which I would like to receive electronic service of notices of documents, I must file consent forms for those cases. Civil case(s) filed in the Southern District of New York: Please list all your pending and terminated cases to which you would like this consent to apply. For each case, include the case name and docket number (for example, John Doe v. New City, 10- CV-01234).
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- Unknown