Bailey v. P.F. Chang's China Bistro, Inc.

Filing 6

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. By Order dated February 7, 2017, the Court granted Plaintiff's application to proceed in forma pauperis and ordered service of the Summons and First Complaint upon Defendant. On April 25, 2017, Defendant filed an Answer to the First Complaint. On March 15, 2017, Plaintiff filed three (3) more in forma pauperis complaints against the Defendant pursuant to Title VII, each alleging discrimination in employment and retaliation (the Second Complaint (Docket Number 17-CV-1615), Third Complaint (Docket Number 17-CV-1616), and Fourth Complaint (Docket Number 17-CV-1617), respectively). Plaintiffs' applications to proceed in forma pauperis are GRANTED and the Court ORDERS service of the Second, Third, and Fourth Complaints by the United States Marshal Service (USMS) without prepayment of the filing fees. The Clerk of the Court shall forward the Summonses, the Complaints, and this Order to the USMS and the USMS shall s erve Defendant. In addition, because Plaintiff alleges claims of discrimination and retaliation against the same Defendant in each of the Complaints, the Court consolidates them under the first-filed Complaint, 16-CV-6946, and DIRECTS that the cases assigned docket numbers 17-CV-1615, 17-CV-1616, and 17-CV-1617, be CLOSED. All future filings shall be made only under docket number 16-CV-6946. The Court certifies pursuant to 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 is DENIED for the purpose of any appeal. The Clerk of the Court is further directed to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 5/31/2017. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
JULIUS C. BAILEY,
Plaintiff,

ORDER
16-CV-6946(JS)(GRB)
17-CV-1615(JS)(GRB)
17-CV-1616(JS)(GRB)
17-CV-1617(JS)(GRB)

-againstPF CHANG’s CHINA BISTRO, INC.,

Defendant.
-----------------------------------X
APPEARANCES:
For Plaintiff:
Julius C. Bailey, pro se
120 Columbia Street
Huntington Station, NY 11746
For Defendant:
(in 16-6946)

Marc S. Wenger, Esq.
Jackson Lewis P.C.
58 South Service Road, Ste. 250
Melville, NY 11747

SEYBERT, District Judge:
On December 9, 2016, pro se plaintiff Julius C. Bailey
(“Plaintiff”) filed an in forma pauperis Complaint pursuant to
Title VII of the Civil Rights Act of 1964 (“Title VII”), as
codified, 42 U.S.C. §§ 2000e to 2000e-17, against PF Chang’s China
Bistro, Inc. (“Defendant”) alleging discrimination in employment
and

retaliation

(the

“First

Complaint”).

By

Order

dated

February 7, 2017, the Court granted Plaintiff’s application to
proceed in forma pauperis and ordered service of the Summons and
First Complaint upon Defendant.

On

April 25, 2017, Defendant

filed an Answer to the First Complaint.
On March 15, 2017, Plaintiff filed three (3) more in
forma pauperis complaints against the Defendant pursuant to Title
VII, each alleging discrimination in employment and retaliation

(the

“Second

Complaint”

(Docket

Number

17-CV-1615),

“Third

Complaint” (Docket Number 17-CV-1616), and “Fourth Complaint”
(Docket Number 17-CV-1617), respectively).
Upon review of Plaintiff’s declarations in support of his
applications to proceed in forma pauperis in the Second, Third, and
Fourth Complaints, the Court finds that Plaintiff’s financial
status qualifies him to commence these actions without prepayment
of the filing fees.

See 28 U.S.C. § 1915(a)(1).

Accordingly,

Plaintiffs’ applications to proceed in forma pauperis are GRANTED
and the Court ORDERS service of the Second, Third, and Fourth
Complaints by the United States Marshal Service (“USMS”) without
prepayment of the filing fees.

The Clerk of the Court shall

forward the Summonses, the Complaints, and this Order to the USMS
and the USMS shall serve Defendant.
In

addition,

because

Plaintiff

alleges

claims

of

discrimination and retaliation against the same Defendant in each
of the Complaints, the Court consolidates them under the firstfiled Complaint, 16-CV-6946, and DIRECTS that the cases assigned
docket numbers 17-CV-1615, 17-CV-1616, and 17-CV-1617, be CLOSED.
All future filings shall be made only under docket number 16-CV6946.
The Court certifies pursuant to 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 is DENIED for the purpose
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of any appeal.

See Coppedge v. United States, 369 U.S. 438, 444-

45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
The Clerk of the Court is further directed to mail a copy
of this Order to the pro se Plaintiff.

SO ORDERED.

/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated: May
31 , 2017
Central Islip, New York

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