Jackson v. Phoenix Transportation Service

Filing 53

ORDER: Accordingly, by no later than February 23, 2021, Plaintiff is ordered to take the following additional actions: (1) Plaintiff must file a Declaration, which shall be signed and sworn under penalties of perjury and provide Plaintiff's wr itten testimony regarding the basis for the damages he seeks; (2) Plaintiff must re-file pages 14, 15, and 16 of ECF No. 52 in a legible form, or else such documents will not be considered by the Court in deciding the amount of damages to which Plai ntiff is entitled; (3) Plaintiff must file a letter explaining to the Court who or what Silerman & Associates/Gary S. Smith are and why he served his papers upon them; and (4) Plaintiff must serve copies of (i) the Court's January 11, 2021 orde r (ECF No. 51), (ii) his Proposed Finding of Fact & Conclusion of Law and pay stubs and checks attached thereto (ECF No. 52), (iii) this Order, (iv) his Declaration, and (v) pages 14, 15, and 16 of ECF No. 52 in a legible form upon Defendant Phoeni x Transportation Service by mail at its last known address, and (vi) file proof of service on the docket. In light of the foregoing, the Court hereby extends the time for Defendant Phoenix Transportation Service to serve and file its response, if any, to Plaintiff's Proposed Finding of Fact & Conclusion of Law to no later than March 23, 2021. (Signed by Magistrate Judge Andrew E. Krause on 2/9/2021) (nb)

Case 7:18-cv-03185-CS-AEK Document 53 Filed 02/09/21 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------------X
Walter Jackson,
Plaintiff,
-against-

ORDER
18 Civ. 3185 (CS)(AEK)

Phoenix Transportation Service, et al.,
Defendants.
----------------------------------------------------------------------X
THE HONORABLE ANDREW E. KRAUSE, U.S.M.J.
In response to the Court’s order of January 11, 2021, ECF No. 51, Plaintiff has filed a
document entitled “Proposed Finding of Fact & Conclusion of Law,” ECF No. 52, to support his
request for damages from defaulting Defendant Phoenix Transportation Service. The Court has
reviewed the submission and identified certain issues that need to be addressed by Plaintiff.
First, along with the proposed findings of fact and conclusions of law and any supporting
documents, Plaintiff was directed to file a declaration, which was to be “signed and sworn under
penalties of perjury” and was to “provide Plaintiff’s written testimony regarding the basis for the
damages he seeks.” ECF No. 51 at 1 (emphasis added). Plaintiff has not included a Declaration
with his filed submission and must do so.
Second, pages 14, 15, and 16 of ECF No. 52, which appear to be copies of paychecks or
other evidence in support of Plaintiff’s claimed damages, are not legible and must be resubmitted.
Third, Plaintiff’s Affirmation of Service states that the “Case Order from Hon. Andrew
Krause, U.S.M.J., Proposed Finding of Fact & Conclusion of Law from Walter Jackson, [a]nd
copies of pay stubs and checks” were served on “SILERMAN & ASSOCIATES/Gary S. Smith.”
ECF No. 52 at 19. The Court does not recognize the name of this attorney or this law firm, and it

Case 7:18-cv-03185-CS-AEK Document 53 Filed 02/09/21 Page 2 of 3

is not clear what connection either Mr. Smith or Silerman & Associates has to Defendant
Phoenix Transportation Service. The Court previously ordered Plaintiff to serve a copy of the
January 11, 2021 order, as well as a copy of Plaintiff’s Proposed Findings of Fact and
Conclusions of Law and supporting Declaration, upon Defendant Phoenix Transportation
Service by mail at its last known address. ECF No. 51 at 1-2. Plaintiff must serve Defendant
Phoenix Transportation Service as directed; if service upon Silerman & Associates/Gary S.
Smith was meant to accomplish service upon Phoenix Transportation Service, Plaintiff must
explain why this service is sufficient to comply with the January 11, 2021 order.
Accordingly, by no later than February 23, 2021, Plaintiff is ordered to take the following
additional actions:
(1) Plaintiff must file a Declaration, which shall be signed and sworn under penalties of
perjury and provide Plaintiff’s written testimony regarding the basis for the damages he
seeks;
(2) Plaintiff must re-file pages 14, 15, and 16 of ECF No. 52 in a legible form, or else such
documents will not be considered by the Court in deciding the amount of damages to
which Plaintiff is entitled;
(3) Plaintiff must file a letter explaining to the Court who or what Silerman &
Associates/Gary S. Smith are and why he served his papers upon them; and
(4) Plaintiff must serve copies of (i) the Court’s January 11, 2021 order (ECF No. 51), (ii) his
“Proposed Finding of Fact & Conclusion of Law” and pay stubs and checks attached
thereto (ECF No. 52), (iii) this Order, (iv) his Declaration, and (v) pages 14, 15, and 16 of
ECF No. 52 in a legible form upon Defendant Phoenix Transportation Service by mail at
its last known address, and (vi) file proof of service on the docket.

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Case 7:18-cv-03185-CS-AEK Document 53 Filed 02/09/21 Page 3 of 3

In light of the foregoing, the Court hereby extends the time for Defendant Phoenix
Transportation Service to serve and file its response, if any, to Plaintiff’s “Proposed Finding of
Fact & Conclusion of Law” to no later than March 23, 2021.
Dated: February 9, 2021
White Plains, New York
SO ORDERED.
___________________________________
ANDREW E. KRAUSE
United States Magistrate Judge

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