IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
MCKOY et al., Plaintiff No. 1:18-cv-09936-LGS v. Dated: January 15, 2024 THE TRUMP CORP. et al., Defendants MOVANT-INTERVENOR MOTION FOR PATEL’S RECONSIDERATION OF DOCKET 682 T.E.,E. Mr. Patel moves this court to allow his intervention at Dkt. 659 to become the main action of this case. Citizens for an Orderly Energy Policy, Inc. v. Suffolk Cnty., 101 F.R.D. 497, 502 n.1 (D.C.N.Y. 1984). Here, Patel has met the jurisdictional requirements of complaint pleading standard by the document of Dkt. 659. Here, Patel’s motion was timely.
Here, Patel will be prejudiced by severing and transferring the case because Patel is not aware of the laws in state court and because the current plaintiffs cannot adequately represent Patel’s interests. Citizens for an Orderly Energy Policy, Inc., 101 F.R.D. at 502. Cf. Sledge v. Kooi, 564 F.3d 105, 109-110 (2d Cir. 2009). Here, the policy purpose of the intervention, and it would be an abuse of discretion to not allow Patel to have his day in court. United States v. New York City Housing Authority, 326
F.R.D. 411, 415 (S.D.N.Y. 2018). Therefore, this court should allow the intervention as the main civil action now. Respectfully submitted, from the Basis of the United States, DENIED. Mr. Patel has not the standard for reconsideration. Blackberry Ltd., 991 F.3d 155, Cir. 2021). Mr. Patel was apprised /s/ Raj K. Patel No. 376 that he shall file no further Rama CCCX filings in this action. He then _ T.E., T.E. Raj K. Patel, AA, BA*, JD Candidate** (pro se) motion to intervene, which 6850 East 21° Street Mr. Patel once again is Indianapolis, IN 46219 that he shall file no further Marion County filings in this action. 317-450-6651 (cell) ued filings in violation of this Order rajp2010@gmail.com sult in sanctions. The Court hereby www.rajpatel.live Dkt. Nos. 669, 675, 677 and 680, filed subsequent to Mr. Patel’'s T.E. Mr. President/Student Body President, Student Gov't Ass’n of motion to intervene, because they Emory U., Inc. 2013-2014 (corp. sovereign 2013-present) properly before this Court. The =T.E. Mr. Student Body President, Brownsburg Cmty. Sch. Court is respectfully requested to Corp./President, Brownsburg High Sch. Student Gov’t 2009- motion at Dkt. No. 684, to strike 2010 (corp. sovereign 2009-present) 669, 675, 677 and 680, andto —_— Rep. from the Notre Dame L. Sch. Student B. Ass’n to the Ind. St. B. r. Patel a copy of this order. Ass’n 2017 Deputy Regional Director, Young Democrats of Am.-High Sch. January 17, 2024 Caucus 2008-2009 New York, New York Co-Founder & Vice Chair, Ind. High Sch. Democrats 2009-2010 Vice President of Fin. (Indep.), Oxford C. Republicans of Emory U., Inc. 2011-2012 dg Intern, Marion Cnty. Clerk Elizabeth “Beth” White for Sec’y of St. of HORNS SSHOMIEL the St. of Ind. 2014 UNITED STATES DISTRICT JUDGE J.D. Candidate, Notre Dame L. Sch. (2015-17) Volunteer, Barack Obama for America (2008) Intern, Jill Long Thompson for Governor (2008) *Political Science and Religion (cum laude), Emory University Class of 2014
CERTIFICATE OF SERVICE I certify that I served a copy of the foregoing Pro Se Response on 1/13/2024 to below individuals via e-mail and the Clerk of Court: Peter T. Shapiro Peter.Shapiro@lewisbrisbois.com, Michelle.Falconer@lewisbrisbois.com Roberta Ann Kaplan rkaplan@kaplanhecker.com, docketing@kaplanhecker.com Clifford S. Robert crobert@robertlaw.com Ogilvie Andrew Fraser Wilson awilson@ecbawm.com, aberdon@ecbawm.com, docket- ing@ecbawm.com, dwells@ecbawm.com, kmcdevitt@ecbawm.com Katherine R. Rosenfeld krosenfeld@ecbawm.com, aberdon@ecbawm.com, docketing@ec- bawm.com, gmejia@ecbawm.com Jonathan S. Abady jabady@ecbawm.com, docketing@ecbawm.com, echicas@ec- bawm.com, gmejia@ecbawm.com Matthew D. Brinckerhoff mbrinckerhoff@ecbawm.com, docketing@ecbawm.com, ijohn- son@ecbawm.com Andrew G. Celli acelli@ecbawm.com, docketing@ecbawm.com, eamare@ecbawm.com Deana Davidian ddavidian@arkin-law.com Samuel Shapiro sshapiro@ecbawm.com, asharda@ecbawm.com, docketing@ec- bawm.com, mvelez@ecbawm.com Michael Farina mfarina@robertlaw.com Vasudha Talla vtalla@ecbawm.com, docketing@ecbawm.com, jxu@ecbawm.com Alina Habba ahabba@habbalaw.com, mmadaio@habbalaw.com, ringram@habbalaw.com Carrie Cheryl Turner carrie.turner@lewisbrisbois.com John Charles Quinn jquinn@kaplanhecker.com, docketing@kaplanhecker.com Matthew J. Craig mcraig@kaplanhecker.com Jessica Stebbins Bina jessica.stebbinsbina@lw.com, NY-CourtMail@lw.com, jessica-stebbins- bina-9091@ecf.pacerpro.com, robert-ellison-6864@ecf.pacerpro.com Nicholas Bourland nbourland@ecbawm.com, aberdon@ECBAWM.com, docketing@ec- bawm.com David G. Redding everes@tlg-law.com Maximillian Feldman mfeldman@kaplanhecker.com Christopher Ratcliffe Le Coney cleconey@kaplanhecker.com Maximilian Crema mcrema@kaplanhecker.com Katherine Epstein kepstein@kaplanhecker.com Raj K. Patel rajp2010@gmail.com
Respectfully submitted,
/s/ Raj Patel T.E., T.E. Mr. Raj K. Patel (Pro Se) 6850 East 21st Street Indianapolis, IN 46219 317-450-6651 (cell) rajp2010@gmail.com www.rajpatel.live Dated: January 13, 2024 UNITED STATES DISTRICET COXURTH IBIT A SOUTHERN DISTRICT OF NEW YORK THE EXCELLENT RAJ K. PATEL, Plaintiff, 23-CV-8765 (LTS) -against- BAR ORDER UNDER NEAL K. PATEL; SANJANA KUMAR, 28 U.S.C. § 1651 Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff filed this action pro se, asserting state law claims under the Court’s diversity of citizenship jurisdiction, against his brother and sister-in-law. Plaintiff alleged that his brother used a sexually charged slur against him in text messages and during a conversation that they had a restaurant. (ECF 1.) On January 3, 2024, the Court dismissed the action, holding that even if diversity of citizenship jurisdiction existed, the facts alleged did not give rise to a defamation claim, or any other state law claims. (ECF 15.) In that order, the Court further noted that Plaintiff: (1) has had some legal training;1 (2) had filed numerous other cases in federal courts that were dismissed as frivolous or for failure to state a claim; and (3) had previously been warned that if he persisted in pursuing litigation in this court that lacked merit, he could be ordered to show cause why a filing injunction should not be imposed. (Id.) For these reasons, the Court ordered Plaintiff, within thirty days, to show cause by declaration why he should not be barred from filing further actions in forma pauperis (“IFP”) in this Court without prior permission.
1 Plaintiff alleged that for an unspecified period of time, he attended law school at the University of Notre Dame. (ECF 1 ¶ 1.) Plaintiff filed a declaration on January 8, 2024, claiming that a bar order should not issue because he “complied with all orders and rules as a faithful pro se litigant would,” and because “a filing bar could have unintended prejudicial consequences towards all parties” in connection with a matter he has pending in this Court. (ECF 16 ¶¶ III, IV.) In light of Plaintiff’s legal training, and the prior warnings issued by this and other courts, his arguments against imposing
the bar order are insufficient. Even if Plaintiff complied with court orders in this case, he should have known, based on his background and litigation history, that this complaint lacked merit when he filed it. See Sledge v. Kooi, 564 F.3d 105, 109-110 (2d Cir. 2009) (discussing circumstances where frequent pro se litigants may be charged with knowledge of particular legal requirements).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
MCKOY et al., Plaintiff No. 1:18-cv-09936-LGS v. Dated: January 15, 2024 THE TRUMP CORP. et al., Defendants MOVANT-INTERVENOR MOTION FOR PATEL’S RECONSIDERATION OF DOCKET 682 T.E.,E. Mr. Patel moves this court to allow his intervention at Dkt. 659 to become the main action of this case. Citizens for an Orderly Energy Policy, Inc. v. Suffolk Cnty., 101 F.R.D. 497, 502 n.1 (D.C.N.Y. 1984). Here, Patel has met the jurisdictional requirements of complaint pleading standard by the document of Dkt. 659. Here, Patel’s motion was timely.
Here, Patel will be prejudiced by severing and transferring the case because Patel is not aware of the laws in state court and because the current plaintiffs cannot adequately represent Patel’s interests. Citizens for an Orderly Energy Policy, Inc., 101 F.R.D. at 502. Cf. Sledge v. Kooi, 564 F.3d 105, 109-110 (2d Cir. 2009). Here, the policy purpose of the intervention, and it would be an abuse of discretion to not allow Patel to have his day in court. United States v. New York City Housing Authority, 326
F.R.D. 411, 415 (S.D.N.Y. 2018). Therefore, this court should allow the intervention as the main civil action now. Respectfully submitted, from the Basis of the United States, DENIED. Mr. Patel has not the standard for reconsideration. Blackberry Ltd., 991 F.3d 155, Cir. 2021). Mr. Patel was apprised /s/ Raj K. Patel No. 376 that he shall file no further Rama CCCX filings in this action. He then _ T.E., T.E. Raj K. Patel, AA, BA*, JD Candidate** (pro se) motion to intervene, which 6850 East 21° Street Mr. Patel once again is Indianapolis, IN 46219 that he shall file no further Marion County filings in this action. 317-450-6651 (cell) ued filings in violation of this Order rajp2010@gmail.com sult in sanctions. The Court hereby www.rajpatel.live Dkt. Nos. 669, 675, 677 and 680, filed subsequent to Mr. Patel’'s T.E. Mr. President/Student Body President, Student Gov't Ass’n of motion to intervene, because they Emory U., Inc. 2013-2014 (corp. sovereign 2013-present) properly before this Court. The =T.E. Mr. Student Body President, Brownsburg Cmty. Sch. Court is respectfully requested to Corp./President, Brownsburg High Sch. Student Gov’t 2009- motion at Dkt. No. 684, to strike 2010 (corp. sovereign 2009-present) 669, 675, 677 and 680, andto —_— Rep. from the Notre Dame L. Sch. Student B. Ass’n to the Ind. St. B. r. Patel a copy of this order. Ass’n 2017 Deputy Regional Director, Young Democrats of Am.-High Sch. January 17, 2024 Caucus 2008-2009 New York, New York Co-Founder & Vice Chair, Ind. High Sch. Democrats 2009-2010 Vice President of Fin. (Indep.), Oxford C. Republicans of Emory U., Inc. 2011-2012 dg Intern, Marion Cnty. Clerk Elizabeth “Beth” White for Sec’y of St. of HORNS SSHOMIEL the St. of Ind. 2014 UNITED STATES DISTRICT JUDGE J.D. Candidate, Notre Dame L. Sch. (2015-17) Volunteer, Barack Obama for America (2008) Intern, Jill Long Thompson for Governor (2008) *Political Science and Religion (cum laude), Emory University Class of 2014
CERTIFICATE OF SERVICE I certify that I served a copy of the foregoing Pro Se Response on 1/13/2024 to below individuals via e-mail and the Clerk of Court: Peter T. Shapiro Peter.Shapiro@lewisbrisbois.com, Michelle.Falconer@lewisbrisbois.com Roberta Ann Kaplan rkaplan@kaplanhecker.com, docketing@kaplanhecker.com Clifford S. Robert crobert@robertlaw.com Ogilvie Andrew Fraser Wilson awilson@ecbawm.com, aberdon@ecbawm.com, docket- ing@ecbawm.com, dwells@ecbawm.com, kmcdevitt@ecbawm.com Katherine R. Rosenfeld krosenfeld@ecbawm.com, aberdon@ecbawm.com, docketing@ec- bawm.com, gmejia@ecbawm.com Jonathan S. Abady jabady@ecbawm.com, docketing@ecbawm.com, echicas@ec- bawm.com, gmejia@ecbawm.com Matthew D. Brinckerhoff mbrinckerhoff@ecbawm.com, docketing@ecbawm.com, ijohn- son@ecbawm.com Andrew G. Celli acelli@ecbawm.com, docketing@ecbawm.com, eamare@ecbawm.com Deana Davidian ddavidian@arkin-law.com Samuel Shapiro sshapiro@ecbawm.com, asharda@ecbawm.com, docketing@ec- bawm.com, mvelez@ecbawm.com Michael Farina mfarina@robertlaw.com Vasudha Talla vtalla@ecbawm.com, docketing@ecbawm.com, jxu@ecbawm.com Alina Habba ahabba@habbalaw.com, mmadaio@habbalaw.com, ringram@habbalaw.com Carrie Cheryl Turner carrie.turner@lewisbrisbois.com John Charles Quinn jquinn@kaplanhecker.com, docketing@kaplanhecker.com Matthew J. Craig mcraig@kaplanhecker.com Jessica Stebbins Bina jessica.stebbinsbina@lw.com, NY-CourtMail@lw.com, jessica-stebbins- bina-9091@ecf.pacerpro.com, robert-ellison-6864@ecf.pacerpro.com Nicholas Bourland nbourland@ecbawm.com, aberdon@ECBAWM.com, docketing@ec- bawm.com David G. Redding everes@tlg-law.com Maximillian Feldman mfeldman@kaplanhecker.com Christopher Ratcliffe Le Coney cleconey@kaplanhecker.com Maximilian Crema mcrema@kaplanhecker.com Katherine Epstein kepstein@kaplanhecker.com Raj K. Patel rajp2010@gmail.com
Respectfully submitted,
/s/ Raj Patel T.E., T.E. Mr. Raj K. Patel (Pro Se) 6850 East 21st Street Indianapolis, IN 46219 317-450-6651 (cell) rajp2010@gmail.com www.rajpatel.live Dated: January 13, 2024 UNITED STATES DISTRICET COXURTH IBIT A SOUTHERN DISTRICT OF NEW YORK THE EXCELLENT RAJ K. PATEL, Plaintiff, 23-CV-8765 (LTS) -against- BAR ORDER UNDER NEAL K. PATEL; SANJANA KUMAR, 28 U.S.C. § 1651 Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff filed this action pro se, asserting state law claims under the Court’s diversity of citizenship jurisdiction, against his brother and sister-in-law. Plaintiff alleged that his brother used a sexually charged slur against him in text messages and during a conversation that they had a restaurant. (ECF 1.) On January 3, 2024, the Court dismissed the action, holding that even if diversity of citizenship jurisdiction existed, the facts alleged did not give rise to a defamation claim, or any other state law claims. (ECF 15.) In that order, the Court further noted that Plaintiff: (1) has had some legal training;1 (2) had filed numerous other cases in federal courts that were dismissed as frivolous or for failure to state a claim; and (3) had previously been warned that if he persisted in pursuing litigation in this court that lacked merit, he could be ordered to show cause why a filing injunction should not be imposed. (Id.) For these reasons, the Court ordered Plaintiff, within thirty days, to show cause by declaration why he should not be barred from filing further actions in forma pauperis (“IFP”) in this Court without prior permission.
1 Plaintiff alleged that for an unspecified period of time, he attended law school at the University of Notre Dame. (ECF 1 ¶ 1.) Plaintiff filed a declaration on January 8, 2024, claiming that a bar order should not issue because he “complied with all orders and rules as a faithful pro se litigant would,” and because “a filing bar could have unintended prejudicial consequences towards all parties” in connection with a matter he has pending in this Court. (ECF 16 ¶¶ III, IV.) In light of Plaintiff’s legal training, and the prior warnings issued by this and other courts, his arguments against imposing
the bar order are insufficient. Even if Plaintiff complied with court orders in this case, he should have known, based on his background and litigation history, that this complaint lacked merit when he filed it. See Sledge v. Kooi, 564 F.3d 105, 109-110 (2d Cir. 2009) (discussing circumstances where frequent pro se litigants may be charged with knowledge of particular legal requirements). CONCLUSION The Court bars Plaintiff from filing future civil actions IFP in this court without first obtaining from the court leave to file. See 28 U.S.C. § 1651. Plaintiff must attach a copy of his proposed complaint and a copy of this order to any motion seeking leave to file. The motion must be filed with the Pro Se Intake Unit of this court. If Plaintiff violates this order and files an
action without filing a motion for leave to file, the action will be dismissed for failure to comply with this order. Plaintiff is further warned that the continued submission of frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See id. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment in this case. SO ORDERED. Dated: January 9, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge