___________________________________________________________________________________ ] ] Case No: 23-CV-01156 Joseph Johnson ] Plaintiff ] Motion for Reconsideration please. 2nd request ] ] I Request Judge Review all docs submitted. V ] ] Request review: All Memos Endorsed ] Starwood Hotels & Resorts ] Chiefly Doc 46 filed 11/27/23 ] Worldwide, LLC” Defendant] Request original docs full review; please. _____________________________________]_____________________________________________ ___________________________________________________________________________________ To the Honorable Judge: ARUN SUBRAMANIAN. I 1st want to know if Affidavit was properly received by The Southern District Court of New York. I’ll attach the Affirmation of Process Server: Juan De Los Santos: the doc I’ll attach states file was submitted to the Federal Court dated March 18, 2024: I want to know for certain if these documents was received by the Court house: If the documents in the affidavit was properly sent I have to ask? Why the Federal Judges allow: for the defendant to get victory decision. The Defendant time expired: to make a defense. HON. VALERIE FIGUEREDO UNITED STATES MAGISTRATE JUDGE Granted the defense time to make a defense: to the point of Judgement in behalf of the Defendant? Your Honor that is a disadvantage; for a Pro Se Plaintiff: against a seasoned Licensed Attorney. I ask that document is revisited according to the letter of the Law in all fairness and sincerity. Please revisit the document I submitted addressed to the Honorable Chief Judge: Laura Taylor Swain. The Defendant used a fictitious false address: knowingly breaking the Law. Title 18 U.SC. Code 1342 carries significant Criminal penalties: I ask for case Reversal based on the defendant unlawful action; that’s my argument: I should be granted this case; by law.
I would have been in agreement with defendant to make an honest defense; had the defendant use honest name and address; the defendant broke the law & was granted a defense & a victory?
It was grieved to the Southern District Federal Court. It was a violation of Law. When I Discovered the Defendant used a false service address: I immediately motion for DEFAULT; FINAL JUDGEMENT. I believe I was told it was not the appropriate time: my argument is the defendant violated Law.
If it would have been reversed & I would be in a lot of trouble; just like if I violate workplace policy; If I make an illegal turn and is given summons; I can’t violate a summons or ticket I have to respond to it lawfully & it is my right to do so or face consequence under the law.
CT Corporate was an illegal service address & the defendant committed a crime & the trial needs to be Reversed according to the letter of the law: they still broke the law.
I ask this document is closely reviewed accordingly; by the letter of the law.
As far as the litigations: I am a Pro Se; I am not an Attorney; but I presented an on-going unlawful condition amongst other unlawful conditions: the Federal Codes and penal laws was presented; the Defendant service is ILLEGAL; & the trial should be reversed accordingly. 3.
ee □
CIVIL COUNTS: AGAINST THE WESTIN NY AT TSQ.
Count 1, 15 US Code, 2087 Count 10. US Code Section & Whistleblower protections: Violated. 4101. Defamation of Character HR Corp Chris Elko conducted Count 2. 22 US Code 2755 investigation: sources in staff Religious Discrimination. Alleged I was active shooter. 3 workers violated. Count 3. USC Section 241. Count 11. US Code & 1513. Conspiracy Against Rights. Violated. RETALIATION. DOS been Retaliating from 2015 to Count 4. 18 USC & 2331 2022. On going harassing & COERCION: unlawful excessive testing. Most Recent incidents which led to NYPD Harassment Count 5. 41 CFR & 60-20.08 report filed with NYPD. Harassment & Hostile Work environment. Against the The Hotel. Violation. On Going HARASSMENT. From separate claim made in 2015 to on going incidents Count 6. USC Section 242. Deprivation leading into new claim. of Rights Under the Color of the Law. Count 7. USC Section 245. Federally Note: 06/30/22. NYPD Protected Activities. Harassment report file against The Westin Ny at Times Sq. Count 8. USC Section 1607.11 Disparate Treatment: of House Cont{2. 18US Cope 3 Officers: protecting hostile H/O’s. Ltd onus raBan ’ Disparate Treatment Discrimination. ess! By Human Resources DR & DOS. Count 9. NY Penal Law Section 240.30 Secsron 155. 35. Ageravated Harassment. GRIND Larceny Ww TIA f WD FE. eee
3.
LAWSUIT AGAINST HOTEL.
14 TOTAL COUNTS; of Civil Violations. US CODE & 13513. RETALIATORY actions from management. ON GOING RETALIATORY actions and threats. 42 US CODE & 2000E-2- Unlawful Employment practices: Solid work reputation: never offered Supervisor position. Ignored by the DOS & upper management. ON GOING HARASSMENT: BY MANAGEMENT 41 CFR & 60-20-08. HARASSMENT & HOSTILE WORK ENVIRONMENT. ON GOING HARASSMENT. FROM 2015 to 2022. HR Confidentiality file proves: they kept Harassing me, PERPETUALLY. Intentionally. Exempt C19 Lockdown year: I was on part-time schedule; hotel was temporary closed; only some staffed worked that year due to pandemic. DAMAGES REQUESTED: 350,000,000. Initial damages requested was 90,000,000: ignore pages that show initial request.
6.
Again I am not an Attorney: the docs initially submitted was honest & it was not my 1st time litigating against that facility; conclusion says failure to state a claim: I presented violations of state & federal law; chiefly on going illegal conditions; a continued toxic workplace.
All I ask the Court review everything in accordance to the law. The Defendant used a FRAUDULENT service address:
The Defendant should have not been allowed extended: time after there time expired: Defense time expired: this case seriously needs to be reversed.
All I ask all documents is reviewed in accordance to the law.
I grieved hard to the court that was an error made: & the case should have went to the plaintiff.
According to the law. Whistleblower protections was violated & this was presented: I grieved conditions to Human Resources Director and presented old case document; HR threaten my job.
My Whistleblower rights was violated: there is no way the defendant should have been granted a victory: I din’t ignore affidavit of opposition; I responded; I don’t know for certain if docs made it to the Court room; I paid for the service & I hoped the Court was going to grant the plaintiff based on evidence alone; I will re-attach court docs: Whistleblower rights was violated & was presented in original documents submitted to the Southern District Court. 7. Suprene Court of the State of New York
Mr. Joseph Johnson Marilyn Balcacer, Esq. 151 Country Club Lane Division of Human Rights Pomona, NY 10970 One Fordham Plaza Bronx, NY 10458 The Westin NY at Times Square Keya C. Denner, Esq. 270 West 43% Street Norris McLaughlin & Marcus, PA New York, NY 10036 875 Third Avenue, 8" fl. New York, NY 10022
Re: Joseph Johnson v. Westin NY at Times Square | Index No. 100342/15 © ~ - Motion Seg. No. 001 To All Concerned Parties: The above-entitled matter has been scheduled by the Court for oral argument for Wednesday, August 5, 2015 at 2:15 p.m. in Part 16, 60 Centre Street, Room 222. Mr. Johnson may serve reply papers and deliver them to Room 222 by May 29, 2015. No adjournments will be granted without prior permission from the Court. All requests for adjournments must be made no later than one week prior to the return date. Sincerely,
Rose Ann a Principal Law Clerk to Justice Alice Schlesinger RAM:cc
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___________________________________________________________________________________ ] ] Case No: 23-CV-01156 Joseph Johnson ] Plaintiff ] Motion for Reconsideration please. 2nd request ] ] I Request Judge Review all docs submitted. V ] ] Request review: All Memos Endorsed ] Starwood Hotels & Resorts ] Chiefly Doc 46 filed 11/27/23 ] Worldwide, LLC” Defendant] Request original docs full review; please. _____________________________________]_____________________________________________ ___________________________________________________________________________________ To the Honorable Judge: ARUN SUBRAMANIAN. I 1st want to know if Affidavit was properly received by The Southern District Court of New York. I’ll attach the Affirmation of Process Server: Juan De Los Santos: the doc I’ll attach states file was submitted to the Federal Court dated March 18, 2024: I want to know for certain if these documents was received by the Court house: If the documents in the affidavit was properly sent I have to ask? Why the Federal Judges allow: for the defendant to get victory decision. The Defendant time expired: to make a defense. HON. VALERIE FIGUEREDO UNITED STATES MAGISTRATE JUDGE Granted the defense time to make a defense: to the point of Judgement in behalf of the Defendant? Your Honor that is a disadvantage; for a Pro Se Plaintiff: against a seasoned Licensed Attorney. I ask that document is revisited according to the letter of the Law in all fairness and sincerity. Please revisit the document I submitted addressed to the Honorable Chief Judge: Laura Taylor Swain. The Defendant used a fictitious false address: knowingly breaking the Law. Title 18 U.SC. Code 1342 carries significant Criminal penalties: I ask for case Reversal based on the defendant unlawful action; that’s my argument: I should be granted this case; by law.
I would have been in agreement with defendant to make an honest defense; had the defendant use honest name and address; the defendant broke the law & was granted a defense & a victory?
It was grieved to the Southern District Federal Court. It was a violation of Law. When I Discovered the Defendant used a false service address: I immediately motion for DEFAULT; FINAL JUDGEMENT. I believe I was told it was not the appropriate time: my argument is the defendant violated Law.
If it would have been reversed & I would be in a lot of trouble; just like if I violate workplace policy; If I make an illegal turn and is given summons; I can’t violate a summons or ticket I have to respond to it lawfully & it is my right to do so or face consequence under the law.
CT Corporate was an illegal service address & the defendant committed a crime & the trial needs to be Reversed according to the letter of the law: they still broke the law.
I ask this document is closely reviewed accordingly; by the letter of the law.
As far as the litigations: I am a Pro Se; I am not an Attorney; but I presented an on-going unlawful condition amongst other unlawful conditions: the Federal Codes and penal laws was presented; the Defendant service is ILLEGAL; & the trial should be reversed accordingly. 3.
ee □
CIVIL COUNTS: AGAINST THE WESTIN NY AT TSQ.
Count 1, 15 US Code, 2087 Count 10. US Code Section & Whistleblower protections: Violated. 4101. Defamation of Character HR Corp Chris Elko conducted Count 2. 22 US Code 2755 investigation: sources in staff Religious Discrimination. Alleged I was active shooter. 3 workers violated. Count 3. USC Section 241. Count 11. US Code & 1513. Conspiracy Against Rights. Violated. RETALIATION. DOS been Retaliating from 2015 to Count 4. 18 USC & 2331 2022. On going harassing & COERCION: unlawful excessive testing. Most Recent incidents which led to NYPD Harassment Count 5. 41 CFR & 60-20.08 report filed with NYPD. Harassment & Hostile Work environment. Against the The Hotel. Violation. On Going HARASSMENT. From separate claim made in 2015 to on going incidents Count 6. USC Section 242. Deprivation leading into new claim. of Rights Under the Color of the Law. Count 7. USC Section 245. Federally Note: 06/30/22. NYPD Protected Activities. Harassment report file against The Westin Ny at Times Sq. Count 8. USC Section 1607.11 Disparate Treatment: of House Cont{2. 18US Cope 3 Officers: protecting hostile H/O’s. Ltd onus raBan ’ Disparate Treatment Discrimination. ess! By Human Resources DR & DOS. Count 9. NY Penal Law Section 240.30 Secsron 155. 35. Ageravated Harassment. GRIND Larceny Ww TIA f WD FE. eee
3.
LAWSUIT AGAINST HOTEL.
14 TOTAL COUNTS; of Civil Violations. US CODE & 13513. RETALIATORY actions from management. ON GOING RETALIATORY actions and threats. 42 US CODE & 2000E-2- Unlawful Employment practices: Solid work reputation: never offered Supervisor position. Ignored by the DOS & upper management. ON GOING HARASSMENT: BY MANAGEMENT 41 CFR & 60-20-08. HARASSMENT & HOSTILE WORK ENVIRONMENT. ON GOING HARASSMENT. FROM 2015 to 2022. HR Confidentiality file proves: they kept Harassing me, PERPETUALLY. Intentionally. Exempt C19 Lockdown year: I was on part-time schedule; hotel was temporary closed; only some staffed worked that year due to pandemic. DAMAGES REQUESTED: 350,000,000. Initial damages requested was 90,000,000: ignore pages that show initial request.
6.
Again I am not an Attorney: the docs initially submitted was honest & it was not my 1st time litigating against that facility; conclusion says failure to state a claim: I presented violations of state & federal law; chiefly on going illegal conditions; a continued toxic workplace.
All I ask the Court review everything in accordance to the law. The Defendant used a FRAUDULENT service address:
The Defendant should have not been allowed extended: time after there time expired: Defense time expired: this case seriously needs to be reversed.
All I ask all documents is reviewed in accordance to the law.
I grieved hard to the court that was an error made: & the case should have went to the plaintiff.
According to the law. Whistleblower protections was violated & this was presented: I grieved conditions to Human Resources Director and presented old case document; HR threaten my job.
My Whistleblower rights was violated: there is no way the defendant should have been granted a victory: I din’t ignore affidavit of opposition; I responded; I don’t know for certain if docs made it to the Court room; I paid for the service & I hoped the Court was going to grant the plaintiff based on evidence alone; I will re-attach court docs: Whistleblower rights was violated & was presented in original documents submitted to the Southern District Court. 7. Suprene Court of the State of New York
Mr. Joseph Johnson Marilyn Balcacer, Esq. 151 Country Club Lane Division of Human Rights Pomona, NY 10970 One Fordham Plaza Bronx, NY 10458 The Westin NY at Times Square Keya C. Denner, Esq. 270 West 43% Street Norris McLaughlin & Marcus, PA New York, NY 10036 875 Third Avenue, 8" fl. New York, NY 10022
Re: Joseph Johnson v. Westin NY at Times Square | Index No. 100342/15 © ~ - Motion Seg. No. 001 To All Concerned Parties: The above-entitled matter has been scheduled by the Court for oral argument for Wednesday, August 5, 2015 at 2:15 p.m. in Part 16, 60 Centre Street, Room 222. Mr. Johnson may serve reply papers and deliver them to Room 222 by May 29, 2015. No adjournments will be granted without prior permission from the Court. All requests for adjournments must be made no later than one week prior to the return date. Sincerely,
Rose Ann a Principal Law Clerk to Justice Alice Schlesinger RAM:cc
HR Director was given the doc case number above & the Federal Court put me on trial regarding the initial trial: HR Director threatened to terminate my job with the text of a disgruntled UNION member: this is in the original court docs: That an out right violation of whistleblower protections: the case must be reconsidered and revisited: the bottomline is the defendant used a Fraudulent service address:
I ask the court chiefly revisit that condition:
That was an error made by the Court: I ask the conditions is revisited accordingly. As to the affidavit Plaintiff references in the first paragraph of this motion, the Court does not see any docket entry in this case on March 18, 2024. Nor does the Court see the referenced affidavit anywhere else on the docket. Plaintiff may refile the materials if he so chooses. The Court construes this motion as objecting to Judge Figueredo's order granting an extension of time for Defendant to respond to Plaintiff's complaint. The Court finds that there was no error in that order and overrules Plaintiff's objections. Defendant submitted a letter explaining that Plaintiff's service was rejected because CT Corporation is not Defendant's registered agent. Plaintiff has not submitted any evidence indicating that this was untrue. In any event, "[i]t is well established that default judgments are disfavored." Pecarsky v. Galaxiworld.com Ltd., 249 F.3d 167, 174 (2d Cir. 2001). "A clear preference exists for cases to be adjudicated on the merits." /d. The Clerk of Court is directed to terminate the motion at Dkt. 55. SO ORDERED.
Arun Subramanian, U.S.D.J. Date: June 6, 2024