WOW: 2 default/injunctions motions, motion to quash, motion to pay service costs, motion for sanctions, and then this one particularly stands out:
MOTION (FILED ON SERVICE DATE) for an order pursuant to Rule 11(a)of the FRCP and 28 USC 1746 governing unsworn declarations under penalty of perjury, striking the dft's motion to dismiss with prejudice plaintiff's amended complaint for failure to provide signed notarized documents. Document filed by Kathy Knight-McConnell.
Looks like the judge didn't think a pro se drafted one filing because:
ORDER re deft's Motion to Dismiss with Prejudice Plntf's Amended Complaint: deft must respond to this order requesting clarification as to the author of the motion, within two weeks of its date.
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:03-cv-05035-NRB
Knight-McConnell v. Cummins
Assigned to: Judge Naomi Reice Buchwald
Demand: $0
Cause: 15:78m(a) Securities Exchange Act
Date Filed: 07/07/2003
Jury Demand: None
Nature of Suit: 320 Assault Libel & Slander
Jurisdiction: Diversity
Plaintiff
Kathy Knight-McConnell represented by Kathy Knight-McConnell
[address redacted]
PRO SE
V.
Defendant
Mary Cummins
07/07/2003 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 478267. (laq) (Entered: 07/08/2003)
07/07/2003 Magistrate Judge James C. Francis is so designated. (laq) (Entered: 07/08/2003)
10/20/2003 2 AFFIDAVIT OF SERVICE of summons and complaint as to Mary Cummins by Steve "Doe" co-tenant on
8/23/03 . Answer due on 9/12/03 for Mary Cummins . (yv) (Entered: 10/23/2003)
10/30/2003 3 NOTICE OF MOTION by Kathy Knight-McConnell for default judgment ; for permanent injunction ; Return Date 11/14/03 at 10:00; attached are papers in support. (cd) (Entered: 10/31/2003)
11/10/2003 4 AFFIRMATION OF SERVICE of notice of motion, affirmation for judgment by default and permanent injunction, statement of damages, clerk's certificate, summons and complaint, proof of service as to Mary Cummins by mail on 10/30/03. Answer due on 11/19/03 for Mary Cummins. (jco) (Entered: 11/13/2003)
11/13/2003 5 NOTICE OF MOTION by Mary Cummins to quash the summons issued in this case due to improper service ; Return Date not indicated (cd) (Entered: 11/18/2003)
11/13/2003 6 AFFIDAVIT of Mary Cummins by Mary Cummins in support of [5-1] motion to quash the summons issued in this case due to improper service . (cd) (Entered: 11/18/2003)
11/13/2003 7 AFFIDAVIT of Steven Wadington by Mary Cummins in support of [5-1] motion to quash the summons issued in this case due to improper service . (cd) (Entered: 11/18/2003)
11/13/2003 8 MEMORANDUM OF LAW by Mary Cummins in support of [5-1] motion to quash the summons issued in this case due to improper service . (cd) (Entered: 11/18/2003)
11/21/2003 9 RESPONSE by Kathy Knight-McConnell to [5-1] motion to quash the summons issued in this case due to improper service (djc) (Entered: 11/22/2003)
12/19/2003 10 RESPONSE to Defendant's Rule 11 Motion for Sanctions. Document filed by Kathy Knight-McConnell. (sb, ) (Entered: 01/08/2004)
03/25/2004 11 MEMORANDUM AND ORDER re: [3] Motion for Default JudgmentMotion for Permanent Injunction filed by Kathy Knight-McConnell, [5] Motion to Quash filed by Mary Cummins. Defendant's motion is granted, plaintiff's motion is denied as moot, and plaintiff is directed to perfect service. (Signed by Judge Naomi Reice Buchwald on 3/25/04) (jco, ) (Entered: 03/29/2004)
03/30/2004 AMENDED SUMMONS ISSUED as to Mary Cummins. (db, ) (Entered: 04/02/2004)
04/22/2004 12 PROOF OF SERVICE of memorandum order served on Mary Cummins on 4/17/04. Service was accepted by Mary Cummins. Document filed by Kathy Knight-McConnell. (db, ) (Entered: 04/23/2004)
05/21/2004 13 MOTION (FILED ON SERVICE DATE) for Default Judgment as to., MOTION (FILED ON SERVICE DATE) for Preliminary Injunction. Document filed by Kathy Knight-McConnell. Return Date set for 6/7/2004. Return Date set for 6/7/2004. (jmi, ) (Entered: 05/25/2004)
05/27/2004 14 MOTION (FILED ON SERVICE DATE) for an Order pursuant to Rules 12(b)(1),(2),(3), and (6) to Dismiss for Lack of Jurisdiction. Document filed by Mary Cummins. (jco, ) (Entered: 05/27/2004)
06/07/2004 15 RESPONSE in Opposition re: [13] MOTION (FILED ON SERVICE DATE) for Default Judgment and Motion for Preliminary Injunction. Document filed by Mary Cummins. (tp, ) (Entered: 06/10/2004)
06/16/2004 16 RESPONSE to Motion re: [14] MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction.. Document filed by Kathy Knight-McConnell. (dle, ) (Entered: 06/18/2004)
06/16/2004 17 RESPONSE to Motion re: [14] MOTION (FILED ON SERVICE DATE) to Dismiss for Lack of Jurisdiction.. Document filed by Kathy Knight-McConnell. (dle, ) (Entered: 06/18/2004)
06/21/2004 18 MOTION (FILED ON SERVICE DATE) for an Order for payment of costs for service of process pursuant to rule 4(d)(2) and (5). Document filed by Kathy Knight-McConnell. (jco, ) (Entered: 06/24/2004)
07/29/2004 19 MEMORANDUM AND ORDER: for reasons further set forth in said Order, defendants motion to dismiss is GRANTED, and this case is dismissed withoutprejudice to the filing of an amended complaint. Plaintiff is granted limited leave to replead. In light of our decision here, plaintiff's motion for default and permanent injunction, document [13] is DENIED. Finally, plaintiff's Rule 4 motion is GRANTED in the amount of $381.98, and the defendant is directed to pay this sum. (Signed by Judge Naomi Reice Buchwald on 7/29/04) Copies Mailed by Chambers.(db, ) (Entered: 07/30/2004)
07/29/2004 Transmission to Judgments and Orders Clerk. Transmitted: [19] Order to the Judgments and Orders Clerk for preparation of Judgment. (db, ) (Entered: 07/30/2004)
07/30/2004 20 CLERK'S JUDGMENT #04,1442 granting defendant's motion to dismiss and dismissing the complaint without prejudice to the filing of an amended complaint as set forth in the Memorandum and Order dated July 29, 2004, denying plaintiff's motion for default and permanent injunction, and granting plaintiff's Rule 4 motion in the amount of $381.98 as against defendant. (Signed by J. Michael McMahon, clerk on 7/30/04) (ml, ) Modified on 8/2/2004 (ml, ). (Entered: 08/02/2004)
08/09/2004 Mailed notice of Right to Appeal to Pro Se Litigant(s): Kathy Knight-McConnell. (snu, ) (Entered: 08/10/2004)
08/13/2004 21 AMENDED COMPLAINT amending [1] Complaint against Mary Cummins.Document filed by Kathy Knight-McConnell. Related document: [1] Complaint.(cd, ) (Entered: 08/19/2004)
08/13/2004 Set Answer Due Date re: [21] Amended Complaint as to Mary Cummins answer due on 8/23/2004. (cd, ) (Entered: 08/19/2004)
08/13/2004 22 AFFIRMATION OF SERVICE of Summons and Amended Complaint. Mary Cummins served on 8/12/2004, answer due 9/1/2004. Service was made by Mail. Document filed by Kathy Knight-McConnell. (ae, ) (Entered: 09/20/2004)
10/01/2004 23 NOTICE OF MOTION (FILED ON SERVICE DATE) for Extension of Time to File a responsive pleading and preliminary motions to pltffs amended complt...attached declaration of Mary Cummins in support.. Document filed by Mary Cummins. (pa, ) (Entered: 10/05/2004)
10/01/2004 24 MOTION (FILED ON SERVICE DATE) for an order pursuant to Rule 55 of the FRCP granting judgment by default and permanent injunctive relief. Document filed by Kathy Knight-McConnell. Return Date set for 10/18/2004 10:00 AM. (dle, ) (Entered: 10/05/2004)
10/08/2004 25 ORDER; that the defendant's time to answer or move is extended until 11/15/04 and that no further extensions will be granted. (Signed by Judge Naomi Reice Buchwald on 10/7/04) Copies Mailed By Chambers.(sac, ) (Entered: 10/13/2004)
11/15/2004 26 MOTION (FILED ON SERVICE DATE) to Dismiss with prejudice plaintiff's amended complaint pursuant to Rule 12(b). Document filed by Mary Cummins. (kw, ) (Entered: 11/17/2004)
11/15/2004 27 MEMORANDUM OF LAW in Support re: [26] MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Mary Cummins. (kw, ) (Entered: 11/17/2004)
12/03/2004 28 MOTION (FILED ON SERVICE DATE) for an order pursuant to Rule 11(a)of the FRCP and 28 USC 1746 governing unsworn declarations under penalty of perjury, striking the dft's motion to dismiss with prejudice plaintiff's amended complaint for failure to provide signed notarized documents. Document filed by Kathy Knight-McConnell. Return Date set for 12/15/2004 10:00 AM. (dle, ) (Entered: 12/15/2004)
12/03/2004 29 RESPONSE in Opposition re: [26] MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Kathy Knight-McConnell. (dle, ) (Entered: 12/15/2004)
03/29/2005 30 ORDER re deft's Motion to Dismiss with Prejudice Plntf's Amended Complaint: deft must respond to this order requesting clarification as to the author of the motion, within two weeks of its date. (Signed by Judge Naomi Reice Buchwald on 3/28/05) (cd, ) (Entered: 03/30/2005)
04/15/2005 32 AFFIDAVIT of Mary Cummins pursuant to order of the court dated 3/28/05. Document filed by Mary Cummins. (dle, ) (Entered: 04/27/2005)
04/20/2005 31 RESPONSE to Defendant's Affidavit Pursuant to Order of the Court. Document filed by Kathy Knight-McConnell. (ae, ) (Entered: 04/26/2005)
04/28/2005 33 ORDER; defendant's reply, if any, to plaintiff's opposition to defendant's motion to dismiss shall be filed by 05/15/05 (Signed by Judge Naomi Reice Buchwald on 4/26/05) (djc, ) (Entered: 04/29/2005)
04/28/2005 Set/Reset Deadlines as to [26] MOTION (FILED ON SERVICE DATE) to Dismiss.. Replies due by 5/15/2005. (djc, ) (Entered: 04/29/2005) |
