Segal v. New York Military Academy

Opinion

UNITED STATES DISTRICT COURT es SOUTHERN DISTRICT OF NEW YORK GILBERT SEGAL □□□ Vo 0 | | | □ Plaintiff, ee -against- NEW YORK MILITRY ACADEMY (ALL ENTITIES INCLUDING, BUT NOT LIMITED TO INSURANCE REPRESENTATIVES, ETC); 21-CV-6872 (VB) THE NATIONAL ASSOCIATION OF INDEPENDENT SCHOOLS; THE RESEARCH VALENTIN ORDER CENTER ON NATURAL CONVERSATION INC.; ASSOCIATION OF MILITARY COLLEGES AND SCHOOLS OF THE UNITED STATES; JOHN DOE 1-8; JROTC ARMY, Defendants.

VINCENT L. BRICCETTI, United States District Judge: Plaintiff brings this pro se action, for which the filing fee has been paid, alleging that he was physical and sexually abused while he was a student at Defendant New York Military Academy. Plaintiff brings his claims under the Court’s diversity of citizenship jurisdiction, 28 U.S.C. § 1332. Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit the New York Military Academy to identify the six John Doe former classmates of Plaintiff and the two John Doe staff members described in the amended complaint. It is therefore ordered that counsel for the New York Military Academy must ascertain the identity of each John Doe whom Plaintiff seeks to sue here and the address where the defendant may be served. Counsel for the New York Military Academy must provide this information to Plaintiff and the Court by December 6, 2021.

By January 5, 2022, Plaintiff must file a second amended complaint naming the John Doe defendants. The second amended complaint will completely replace, not supplement, the amended complaint. Therefore, plaintiff should include in the second amended complaint all information necessary for his claims. A second amended complaint form that Plaintiff should complete is attached to this order. Once Plaintiff has filed a second amended complaint, the Court will issue an order directing the Clerk of Court to issue summonses as to the newly named defendants. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York Military Academy at: 78 Academy Drive, Cornwall-On-Hudson, New York 10926, A “Second Amended Complaint” form is attached to this order, SO ORDERED. Dated: October 7, 2021 vi Lu White Plains, New York ~_ VINCENTL.BRICCETTI United States District Judge

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

__ Civ. OC)

(In the space above enter the full name(s) of the plaintiff(s).) SECOND AMENDED -against- . COMPLAINT __ Jury Trial: oO Yes o No (check one)

(In the space above enter the full name(s) of the defendant(s). Ifyou cannot fit the names of all of the defendants in the space provided, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed in the above caption must be identical to those contained in Part I. Addresses should not be included here.) -

I. Parties in this complaint; A, List your name, address and telephone number. If you are presently in custody, include your identification number and the name and address of your current place of confinement. Do the same for any additional plaintiffs named. Attach additional sheets of paper as necessary. Plaintiff Name ee Street Address ee _ County,City State & Zip Code _ Telephone Number _ _ B. List all defendants. You should state the full name of the defendant, even if that defendant is a government agency, an organization, a corporation, or an individual. Include the address where each defendant may be served. Make sure that the defendant(s) listed below are identical to those contained in the above caption. Attach additional sheets of paper as necessary.

Rev. 12/2009

Defendant No. 1 Name □□ _ Street Address County, City State & Zip Code __ _ Telephone Number

Defendant No. 2 Name _ Street Address County, City State & Zip Code _ _ __ Telephone Number

Defendant No. 3 □ Name _ _ Street Address County, City □□ State & Zip Code Telephone Number

Defendant No. 4 Name Street Address County, City State & Zip Code Telephone Number II. Basis for Jurisdiction: Federal courts are courts of limited jurisdiction. Only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case involving the United States Constitution or federal laws or treaties is a federal question case, Under 28 U.S.C. § 1332, a case in which a citizen of one state sues a citizen of another state and the amount in damages is more than $75,000 is a diversity of citizenship case. A. What is the basis for federal court jurisdiction? (check all that apply) C1 Federal Questions UO Diversity of Citizenship B. If the basis for jurisdiction is Federal Question, what federal Constitutional, statutory or treaty right is atissue? _

C, If the basis for jurisdiction is Diversity of Citizenship, what is the state of citizenship of each party? Plaintiff(s) state(s) of citizenship □□ Defendant(s) state(s) of citizenship

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It. Statement of Claim: State as briefly as possible the facts of your case. Describe how each of the defendants named in the caption of this complaint is involved in this action, along with the dates and locations of all relevant events, You may wish to include further details such as the names of other persons involved in the events giving rise to your claims. Do not cite any cases or statutes. If you intend to allege a number of related claims, number and set forth each claim in a separate paragraph. Attach additional sheets of paper as necessary. A. Where did the events giving rise to your claim(s) occur?

B. What date and approximate time did the events giving rise to your claim(s) occur?

C. Facts; .

What Fe TO to you?

what?

_ else TT involved?

saw what happened? TT I I

IV. Injuries: If you sustained injuries related to the events alleged above, describe them and state what medical treatment, if any, you required and received. _ _

Rev, 12/2009

V. Relief: State what you want the Court to do for you and the amount of monetary compensation, if any, you are seeking, and the basis for such compensation.

I declare under penalty of perjury that the foregoing is true and correct. Signed this day of , 20. Signature of Plaintiff = Mailing Address

Telephone Number _ Fax Number (if you have one) Note: All plaintiffs named in the caption of the complaint must date and sign the complaint. Prisoners must also provide their inmate numbers, present place of confinement, and address.

For Prisoners: I declare under penalty of perjury that on this ss day of , 20, 1am delivering this complaint to prison authorities to be mailed to the Pro Se Office of the United States District Court for the Southern District of New York.

Signature of Plaintiff: . Inmate Number

Rey, 12/2009