Douek v. Citibank, N.A. et al

Filing 18

ORDER, It is hereby ORDERED that Plaintiff shall file any amended complaint by March 10, 2021. If Plaintiff believes that the pleading of additional facts will cure deficiencies identified in any motion to dismiss that has been filed, the Plainti ff should include those facts in the amended complaint. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by any motion to dismiss. If no amended complaint is filed, Plaintiff shall file and serve a ny opposition to any motion to dismiss by March 10, 2021. Plaintiff shall do so in the form of a single, consolidated memorandum of law responding to all motions to dismiss that have been filed. Any reply in support of any motion to dismiss shall be filed by March 24, 2021. Finally, the Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. ( Amended Pleadings due by 3/10/2021., Responses due by 3/10/2021, Replies due by 3/24/2021.) (Signed by Judge Jesse M. Furman on 1/8/21) (yv) Transmission to Docket Assistant Clerk for processing.

Case 1:20-cv-08074-JMF Document 18 Filed 01/08/21 Page 1 of 10

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------ X
:
DAVID DOUEK,
:
Plaintiff,
:
:
-v:
:
CITIBANK, N.A., et al,
:
Defendants.
:
:
---------------------------------------------------------------------- X

20-CV-8074 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On January 7, 2021, Defendant Citibank N.A. filed a motion to dismiss the complaint under
Rule 12(b) of the Federal Rules of Civil Procedure. Additionally, per the Court’s previous Orders,
see ECF Nos. 9 & 12, Defendants TD Bank, N.A., Experian Information Solutions, Inc, and
Equifax Information Services LLC are required to answer or otherwise respond to Plaintiff’s
complaint no later than February 3, 2021.
Under Rule 15(a)(1)(B), a plaintiff has twenty-one (21) days after a defendant’s service of
its answer or its motion under Rule 12(b) to amend the complaint once as a matter of course. In
light of the extended deadlines for TD Bank, Experian, and Equifax and because Plaintiff is
proceeding pro se, however, the Court will give Plaintiff additional time to amend the complaint.
Put differently, Plaintiff should not file an amended complaint (or opposition to the motion)
now, but should wait to see if any other Defendants file a motion to dismiss.
Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by
March 10, 2021. If Plaintiff believes that the pleading of additional facts will cure deficiencies
identified in any motion to dismiss that has been filed, the Plaintiff should include those facts in the
amended complaint. Plaintiff will not be given any further opportunity to amend the complaint to
address issues raised by any motion to dismiss.
If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, each
Defendant that has moved to dismiss shall: (1) file an answer; (2) file a new motion to dismiss; or
(3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If a Defendant
files an answer or a new motion to dismiss, the Court will deny any previously filed motion to
dismiss filed by that Defendant as moot.
If no amended complaint is filed, Plaintiff shall file and serve any opposition to any motion
to dismiss by March 10, 2021. Plaintiff shall do so in the form of a single, consolidated
memorandum of law responding to all motions to dismiss that have been filed. Any reply in
support of any motion to dismiss shall be filed by March 24, 2021.

Case 1:20-cv-08074-JMF Document 18 Filed 01/08/21 Page 2 of 10

Either party may request an extension of the briefing schedule for the motion. A deadline
will be extended if the party demonstrates that its pursuit of the action has been diligent and that
there is a good reason for extending the deadline.
***
All counsel are required to register promptly as filing users on the Court’s Electronic Case
Filing system (“ECF”) and to familiarize themselves with the SDNY ECF Rules & Instructions,
which are available at http://nysd.uscourts.gov/ecf_filing.php. Pro se parties are not eligible to
receive service of documents filed in this case through ECF unless they consent in writing, as
described below. Therefore, unless Plaintiff consents to receive service of court filings
electronically, counsel are required to serve Plaintiff with copies of documents filed with the Court
and to file affidavits of such service with the Court thereafter.
To minimize delays due to mailing, pro se parties are encouraged to consent to receive
all court documents electronically. A Consent to Electronic Service Form is attached to this
Order and available on the Court’s website at https://nysd.uscourts.gov/sites/default/files/201806/proseconsentecfnotice-final.pdf. Additionally, in light of the current global health crisis, parties
proceeding pro se are encouraged to submit all filings by email to Temporary_Pro_Se_
[e-mail]. Instructions for filing documents by email are attached to this Order.
Pro se parties who are unable to use email may still submit documents by regular mail to the Pro Se
Office, Thurgood Marshall Courthouse, 40 Centre Street, Room 105, New York, New York 10007,
or in person at the drop box located at the U.S. Courthouses in Manhattan (500 Pearl Street) and
White Plains (300 Quarropas Street). In either case, however, there may be significant delays
before such filings are received and/or docketed. No documents or court filings should be sent
directly to Chambers. Copies of correspondence between a pro se party and counsel shall not be
sent to the Court. For more information, please visit the Court’s website at www.nysd.uscourts.gov
and review the Court’s Individual Rules and Practices in Civil Pro Se Cases, attached to this Order.
There is a Pro Se Law Clinic in this District to assist non-incarcerated people who are
parties in civil cases and do not have lawyers. The Clinic may be able to provide Plaintiff with
advice in connection with this case. The Pro Se Law Clinic is run by a private organization called
the New York Legal Assistance Group; it is not part of, or run by, the Court (and, among other
things, therefore cannot accept filings on behalf of the Court, which must still be made by any
unrepresented party through the Pro Se Intake Unit). Due to the current global health crisis, the
Clinic has suspended all in-person client meetings until further notice. Limited-scope legal
assistance will continue to be provided, but only by appointment and only over the telephone.
To schedule an appointment, Plaintiff should call [phone] and leave a message specifying a
call-back number.
Finally, the Clerk of the Court is directed to mail a copy of this Order to Plaintiff.
SO ORDERED.
Dated: January 8, 2021
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge

2

Case 1:20-cv-08074-JMF Document 18 Filed 01/08/21 Page 3 of 10
United States District Court
Southern District of New York

[e-mail].

INSTRUCTIONS: EMAIL PRO SE FILINGS
How do I email documents to the Clerk’s Office for filing?
•

SIGN. You must sign your document by either signing the document before
you scan it or typing “/s/ [Your Name].” The Court will accept typed
signatures in this format.

•

CONTACT INFORMATION. The document must include your name,
address, telephone number and email address (if available).

•

SUBJECT LINE. For existing cases, the subject line of the email must
read, “Pro Se Filing – XX-CV-XXXX.” For new cases, the subject line of
the email must read, “Pro Se Filing – New Case.”

•

EMAIL the PDF document to
[e-mail].

Can I start a new case by email?
•

YES. To start a new case, you may email your complaint to
[e-mail].

•

In addition to emailing your complaint, you must either (1) email an
application requesting that the fee be waived, available at
https://nysd.uscourts.gov/node/838, or (2) pay the filing fee of $400. If you
are paying the filing fee, add to the subject line, “Pro Se Filing – New Case –
FEE PAID.” Payment must be made within 21 days by certified check or
money order, made out to Clerk, USDC, SDNY, and mailed to: CashiersRoom 120, 500 Pearl Street, New York, NY 10007. The check must include
the case number, which you can learn by calling [phone].

Can I include any questions or information in my email?
•

NO. You must only include the attached document(s) for filing. No one will
read messages in the body of the email and no one will respond to any
questions.

500 PEARL STREET; 40 FOLEY SQUARE | NEW YORK, NY 10007
300 QUARROPAS STREET | WHITE PLAINS, NY 10601
Rev. 4/8/2020

Case 1:20-cv-08074-JMF Document 18 Filed 01/08/21 Page 4 of 10
Instructions: Email Pro Se Filings
Page 2 of 2

Will someone respond to my email?
•

NO. This email address cannot respond to inquiries. The Clerk’s Office will
download the email attachment. This is a NO-REPLY email address. But
you may call [phone] to confirm that your documents were received.
Please wait at least one week before calling.

Can I email the assigned judge instead?
•

NO. Any submission emailed to any other court email address will be
disregarded by the recipient.

Can the Clerk’s Office assist with scanning?
•

NO. If you are unable to email your documents, you must submit them by
mail to the Pro Se Intake Unit.

Can someone email my documents for me?
•

YES. But please include your email address, if available, in the document.
The Court will only communicate with the email address listed on the filed
documents, and only if you have consented to receive court documents by
email.

Can I receive court documents by email?
•

YES. Complete and email a signed consent to electronic service form.

Do I need to serve my adversary?
•

NO. After the document is emailed to the Court and electronically filed,
your adversary will receive electronic notification of the filing.

500 PEARL STREET; 40 FOLEY SQUARE | NEW YORK, NY 10007
300 QUARROPAS STREET | WHITE PLAINS, NY 10601
Rev. 4/8/2020

Case 1:20-cv-08074-JMF Document 18 Filed 01/08/21 Page 5 of 10

United States District Court
Southern District of New York

Pro Se Office

Pro Se (Nonprisoner) Consent & Registration Form 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 for a PACER login and password by contacting PACER 1 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 hyperlink is 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.
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:

IMPORTANT NOTICE

1. You will no longer receive documents in the mail;

2. If you 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. 2

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.
1

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.

2

Case 1:20-cv-08074-JMF Document 18 Filed 01/08/21 Page 6 of 10

United States District Court
Southern District of New York

Pro Se Office
I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I
affirm that:

CONSENT TO ELECTRONIC SERVICE

1. I have regular access to my e-mail account and to the internet and will check regularly
for Notices of Electronic Filing;
2. I have established a PACER account;

3. I understand 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. I will promptly notify the Court if there is any change in my personal data, such as name,
address, or e-mail address, or if I wish to cancel this consent to electronic service;
5. I understand 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.

Note: This consent will apply to all cases that you have filed in this court, so please list all of
your pending and terminated cases. For each case, include the case name and docket
number (for example, John Doe v. New City, 10-CV-01234).

Civil case(s) filed in the Southern District of New York:

Name (Last, First, MI)
Address

Telephone Number
Date

Pro Se Office (Room 200)
500 Pearl Street
New York, NY 10007

Return completed form to:

City

State

E-mail Address
Signature

Zip Code

Case 1:20-cv-08074-JMF Document 18 Filed 01/08/21 Page 7 of 10

Revised: November 12, 2019
INDIVIDUAL RULES AND PRACTICES IN CIVIL PRO SE CASES
Jesse M. Furman, United States District Judge
Pro Se Office
United States District Court
Southern District of New York
Thurgood Marshall Courthouse
40 Centre Street, Room 105
New York, NY 10007
[phone]
Unless otherwise ordered by the Court, these Individual Practices apply to all civil cases
involving pro se litigants (that is, litigants without counsel) before Judge Furman.
1. Communications with Chambers
A. By a Pro Se Party. All communications with the Court by a pro se party should
be delivered in person or mailed to the Pro Se Office, Thurgood Marshall
Courthouse, 40 Centre Street, Room 105, New York, New York 10007. No
documents or court filings may be sent directly to Chambers. Any questions
should be directed to the Pro Se Office at [phone]; pro se parties may
not call the Court directly. Unless the Court orders otherwise, all
communications with the Court will be docketed upon receipt; such docketing
shall constitute service on any user of the ECF system. If any other party is not a
user of the ECF system (e.g., if there is another pro se party in the case), a pro se
party must send copies of any filing to that party and include an Affidavit of
Service or other statement affirming that it has done so. Copies of
correspondence between a pro se party and opposing parties shall not be sent to
the Court.
B. By Parties Represented by Counsel. Except as otherwise provided below,
communications with the Court by a represented party shall be governed by Judge
Furman’s Individual Rules and Practices in Civil Cases, available at https://nysd.
uscourts.gov/hon-jesse-m-furman.
C. Requests for Adjournments or Extensions of Time. All requests for
adjournments or extensions of time must be made in writing and must state: (1)
the original date(s); (2) the number of previous requests for adjournment or
extension; (3) whether these previous requests were granted or denied; (4) the
reasons for the requested extension; (5) whether the adversary consents and, if
not, the reasons given by the adversary for refusing to consent; and (6) the date of
the parties’ next scheduled appearance before the Court. If the requested
adjournment or extension affects any other scheduled dates, a represented party
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Case 1:20-cv-08074-JMF Document 18 Filed 01/08/21 Page 8 of 10

must submit a proposed Revised Scheduling Order in accordance with Judge
Furman’s Individual Rules and Practices in Civil Cases. A pro se party may, but
is not required to, submit a proposed Revised Scheduling Order. Requests for
extensions of deadlines regarding a matter that has been referred to a Magistrate
Judge shall be directed to that assigned Magistrate Judge.
Absent an emergency, any request for extension or adjournment shall be made at
least 48 hours prior to the deadline or scheduled appearance. Requests for
extensions will ordinarily be denied if made after the expiration of the original
deadline.

2. Filing of Papers and Service
A. Papers Filed by a Pro Se Party. All papers to be filed with the Court by a pro se
party, along with one courtesy copy of those papers, shall be delivered in person
or sent by mail to the Pro Se Office, Thurgood Marshall Courthouse, 40 Centre
Street, Room 105, New York, New York 10007. Any pro se party that wishes to
participate in electronic case filing (“e-filing”) must file a Motion for Permission
for Electronic Case Filing (available at http://nysd.uscourts.gov/file/forms/
motion-for-permission-for-electronic-case-filing-for-pro-se-cases and in the Pro
Se Office). If the Court grants a motion to participate in “e-filing,” that party will
not receive hardcopies of any document filed electronically via ECF.
B. Service on a Pro Se Party. Counsel in pro se cases must serve a pro se party
with a paper copy of any document that is filed electronically and must file with
the Court a separate Affidavit of Service. Submissions filed without proof of
service that the pro se party was served will not be considered.

3. Discovery
All requests for discovery by a pro se party should be sent to counsel for the party from
whom discovery is sought. Discovery requests should not be sent to the Court.
If there are any discovery disputes, the parties are required to confer with one another in
an effort to resolve the dispute without the need for Court intervention. If the parties are
unable to resolve their dispute, either party may file a letter-motion, no longer than three
pages and in accordance with Paragraph 1 above, explaining the nature of the dispute and
requesting an informal conference. If the opposing party wishes to respond to the letter,
it must promptly file a responsive letter, not to exceed three pages.

2

Case 1:20-cv-08074-JMF Document 18 Filed 01/08/21 Page 9 of 10

4. Motions
A. Filing and Service. Unless otherwise ordered by the Court, papers filed in
opposition to a motion must be served and filed within 30 days of service of the
motion papers, and reply papers, if any, must be served and filed within two
weeks of receipt of opposition papers.
B. Pro Se Notices. Parties who file a motion to dismiss, a motion for judgment on
the pleadings, or a motion for summary judgment must provide the pro se party
with a copy of the notices required under Local Civil Rules 12.1 or 56.2.
C. Special Rule for Summary Judgment Motions. With respect to any deposition
that is supplied, whether in whole or in part, in connection with a summary
judgment motion, the index to the deposition should be included if it is available.
D. Courtesy Copy. One courtesy hard copy of all formal motion papers, marked as
such, should be submitted to Chambers by the non-pro se party at the time the
reply is due. Courtesy copies should not be submitted to Chambers at the time of
filing. If all the parties are pro se, then no courtesy copies of formal motion
papers are required.
E. Oral Argument. Unless otherwise ordered by the Court, oral argument will not
be heard in pro se matters.

5. Initial Case Management Conference
Absent a motion to dismiss, the Court will generally schedule an initial case management
conference within four months of the filing of the complaint. The Notice of Initial
Pretrial Conference will be docketed on ECF and mailed to the pro se party or parties.
The Court will set a schedule for the case at the initial case management conference. In
most cases, the Court will give the parties four months (from the date of the conference)
to complete all discovery, and set a deadline for the filing of any motions for summary
judgment 30 days after the close of discovery. In advance of the initial case management
conference, the parties should, if practicable, confer with one another to determine if such
a schedule would be appropriate or if there is anything unusual about the case that would
require more time and be prepared to discuss those issues at the conference. The Court
will issue a written order memorializing all dates and deadlines following the conference.
An incarcerated party may not be able to attend this or other conferences, but may be able
to participate by telephone. If an incarcerated party does not have counsel and is unable
to participate by telephone, a family member or a representative may attend the
conference. In such instances, the incarcerated party may write to the Court in advance
of the conference regarding any issue the pro se party wishes to have addressed at the
conference. If a representative is designated, he or she should contact Chambers at (212)
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Case 1:20-cv-08074-JMF Document 18 Filed 01/08/21 Page 10 of 10

805-0282 to determine the location of the conference. The Court will also have a
transcript of the conference sent to the incarcerated party.

6. Trial Documents
A. Pretrial Statement. Unless otherwise ordered by the Court, within 30 days of
the completion of all discovery or, if a summary judgment motion is filed, within
30 days of the Court’s ruling on summary judgment, the plaintiff in a pro se case
shall file a concise, written Pretrial Statement. This Statement need take no
particular form, but it must contain the following: (1) a statement of the facts the
plaintiff hopes to prove at trial; (2) a list of all documents or other physical
objects that the plaintiff plans to put into evidence at trial; and (3) a list of the
names and addresses of all witnesses the plaintiff intends to have testify at trial.
The Statement must be sworn by the plaintiff to be true and accurate based on the
facts known by the plaintiff. If pro se, the plaintiff shall file an original of this
Statement, plus one courtesy copy, with the Pro Se Office. Two weeks after
service of the plaintiff’s Statement, the defendant must file and serve a similar
Statement of its case containing the same information.
B. Other Pretrial Filings. If the case is to be tried before only a Judge without a
jury, any parties represented by counsel must also file proposed findings of fact
and conclusions of law at the time of filing the Pretrial Statement. If the case is to
be tried before a jury, any parties represented by counsel must also file proposed
voir dire questions, a proposed jury charge, and a proposed verdict form at the
time of filing the Pretrial Statement. At the time of filing, a represented party
should e-mail these documents to the Court (Furman_NYSDChambers@
nysd.uscourts.gov), in both .pdf and Microsoft Word formats. The pro se party
may file such documents, but is not required to do so and need not submit them
by e-mail.
7. Pro Se Clinic
In 2016, a Pro Se Law Clinic opened in this District to assist non-incarcerated people
who are parties in civil cases and do not have lawyers. The Clinic may be able to provide
a non-incarcerated pro se litigant with advice in connection with his or her case. The Pro
Se Law Clinic is run by a private organization called the New York Legal Assistance
Group; it is not part of, or run by, the Court (and, among other things, therefore cannot
accept filings on behalf of the Court, which must still be made by any unrepresented
party through the Pro Se Intake Unit). The Clinic is located in the Thurgood Marshall
United States Courthouse, 40 Centre Street, New York, New York, in Room LL22, which
is just inside the Pearl Street entrance to that Courthouse. The Clinic is open on
weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed. An
unrepresented party can make an appointment in person or by calling [phone].
4