This case was last updated from PACER on 08/24/2021 at 07:14:06 (UTC).

Malek v. ACS et al

Case Summary

On 06/24/2021 Malek filed a Civil Right - Other Civil Right lawsuit against ACS. This case was filed in U.S. District Courts, New York Southern District. The Judges overseeing this case are Alison J. Nathan, Ona T. Wang and Nelson Stephen Roman. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-05532

  • Filing Date:

    06/24/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Referral Judge

Ona T. Wang

Presiding Judges

Alison J. Nathan

Nelson Stephen Roman

 

Party Details

Plaintiff

Robert Malek

Brooklyn, NY 11235

Defendants

Sun River Health

ACS

Robert Maes

Legal Aid Society

Judith Stern

Nicola Gibson

Laura Millendorf

ACS of New York City

NYC Department of Investigation

James Zaleta

Administration for Childrens Services

Paula Garcia

Jacqueline D. Williams

Rosmil Almonte

Brightpoint Health

Janie Groff

Octavia Hill

Janet Sabel

Melissa Hayes

11 More Parties Available

Attorney/Law Firm Details

Defendant Attorneys

Brian Joseph Krist

Attorney at New York City Law Department

100 Church Street

New York, NY 10007

Gregg Douglas Weinstock

Attorney at Vigorito, Barker, Patterson, Nichols & Porter LLP

300 Garden City Plaza, Ste 308

Garden City, NY 11530

Joseph Paul Muscarella

109-15 Queens Boulevard, Apt. 5B

Forest Hills, NY 11375

Shi-Shi Wang

Attorney at NYS Office of The Attorney General

28 Liberty Street

New York, NY 10005

 

Court Documents

#27

(#27) PAUSING REQUEST TO REINSTATE PENDING CRIMINAL INVESTIGATION & ONGOING HEALTH ISSUES. Document filed by Robert Malek. (sc) (Entered: 08/23/2021)

26 #3

Supplement

26 #2

Supplement

26 #1

Supplement

26 #26

Main Document

#25

(#25) NOTICE OF DISMISSAL: I, ROBERT MALEK, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA THAT I WISH TO VOLUNTARILY DISMISS THIS ACTION WITHOUT PREJUDICE, ACCORDING TO FEDERAL RULES OF CIVIL PROCEDURE 41(A)(1). SO ORDERED. (Signed by Judge Alison J. Nathan on 8/9/2021) (vfr) (Entered: 08/09/2021)

#24

(#24) NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) (Office of Children & Family Services, OCPS) John Udochi, ACS, Rosmil Almonte, Jennifer Fiellman, Paula Garcia, Nicola Gibson, David Hansell, Melissa Hayes, Octavia Hill, Margaret Ingoglia, Travis Johnson, Legal Aid Society, Robert Maes, Manhattan District Attorneys Office, Laura Millendorf, Zulma Montanez, NYC Department of Investigation, NYPD, Janet Sabel, Judith Stern, Sun River Health, Inc., Judge Wasko, Amanda White, Jacqueline D. Williams, Iyeisha Witherspoon. Document filed by Robert Malek. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(sc) (Entered: 08/09/2021)

#23

(#23) LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Brian Krist dated August 6, 2021 re: #13 MOTION TO LIMIT SERVICE OF PLEADINGS AMOUNG DEFENDANTS & ALLOW SERVICE OF PROCESS VIA ELECTRONIC FILING SYSTEM re: #10 MOTION TO LIMIT SERVICE OF PLEADINGS AMOUNG THE DEFENDANTS AND ALLOW SERVICE OF PROCESS VIA ELECTRONIC FILING SYSTEM.., #14 MOTION to Amend/Correct #4 Amended Complaint,,., #10 MOTION TO LIMIT SERVICE OF PLEADINGS AMOUNG THE DEFENDANTS AND ALLOW SERVICE OF PROCESS VIA ELECTRONIC FILING SYSTEM., #16 MOTION to Amend/Correct #14 MOTION to Amend/Correct #4 Amended Complaint,,.. also in opposition to Plaintiff's motions in ECF 20 and 22. Document filed by ACS, Rosmil Almonte, Jennifer Fiellman, Paula Garcia, Nicola Gibson, David Hansell, Melissa Hayes, Octavia Hill, Laura Millendorf, Zulma Montanez, NYC Department of Investigation, NYPD, Iyeisha Witherspoon..(Krist, Brian) (Entered: 08/06/2021)

#16

(#23) LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Brian Krist dated August 6, 2021 re: #13 MOTION TO LIMIT SERVICE OF PLEADINGS AMOUNG DEFENDANTS & ALLOW SERVICE OF PROCESS VIA ELECTRONIC FILING SYSTEM re: #10 MOTION TO LIMIT SERVICE OF PLEADINGS AMOUNG THE DEFENDANTS AND ALLOW SERVICE OF PROCESS VIA ELECTRONIC FILING SYSTEM.., #14 MOTION to Amend/Correct #4 Amended Complaint,,., #10 MOTION TO LIMIT SERVICE OF PLEADINGS AMOUNG THE DEFENDANTS AND ALLOW SERVICE OF PROCESS VIA ELECTRONIC FILING SYSTEM., #16 MOTION to Amend/Correct #14 MOTION to Amend/Correct #4 Amended Complaint,,.. also in opposition to Plaintiff's motions in ECF 20 and 22. Document filed by ACS, Rosmil Almonte, Jennifer Fiellman, Paula Garcia, Nicola Gibson, David Hansell, Melissa Hayes, Octavia Hill, Laura Millendorf, Zulma Montanez, NYC Department of Investigation, NYPD, Iyeisha Witherspoon..(Krist, Brian) (Entered: 08/06/2021)

6 #1

Supplement

6 #6

Main Document

#5

(#5) NOTICE OF APPEARANCE by Brian Joseph Krist on behalf of ACS, NYC Department of Investigation..(Krist, Brian) (Entered: 07/12/2021)

4 #3

Exhibit

4 #2

Exhibit

4 #1

Exhibit

4 #4

Main Document

#2

(#2) CIVIL COVER SHEET filed. (sac) (Entered: 06/25/2021)

#1

(#4) AMENDED COMPLAINT, re: amending #1 Complaint, against ACS, Rosmil Almonte, Jennifer Fiellman, Paula Garcia, Nicola Gibson, David Hansell, Melissa Hayes, Octavia Hill, Margaret Ingoglia, Travis Johnson, Legal Aid Society, Robert Maes, Manhattan District Attorneys Office, Laura Millendorf, NYC Department of Investigation, NYPD, Janet Sabel, Judith Stern, Sun River Health, Inc., Jacqueline D. Williams, Iyeisha Witherspoon, James Zaleta, Zulma Montanez, Amanda White, Judge Wasko, and (Office of Children and Family Services)John Udochi.Document filed by Robert Malek. Related document: #1 Complaint. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(sc) Modified on 8/5/2021 (sc). (Entered: 07/09/2021)

26 More Documents Available

 

Docket Entries

  • 08/23/2021
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  • Docket(#27) PAUSING REQUEST TO REINSTATE PENDING CRIMINAL INVESTIGATION & ONGOING HEALTH ISSUES. Document filed by Robert Malek. (sc) (Entered: 08/23/2021)

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  • 08/23/2021
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  • Docket(#26) REQUEST TO REINSTATE PURSUANT TO 60 B (6). Document filed by Robert Malek. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement) (ok) (Entered: 08/23/2021)

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  • 08/09/2021
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  • Docket(#25) NOTICE OF DISMISSAL: I, ROBERT MALEK, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA THAT I WISH TO VOLUNTARILY DISMISS THIS ACTION WITHOUT PREJUDICE, ACCORDING TO FEDERAL RULES OF CIVIL PROCEDURE 41(A)(1). SO ORDERED. (Signed by Judge Alison J. Nathan on 8/9/2021) (vfr) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #24 Notice of Voluntary Dismissal was reviewed and referred to Judge Alison J. Nathan for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Pro Se case. (km) (Entered: 08/09/2021)

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  • 08/06/2021
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  • Docket(#24) NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) (Office of Children & Family Services, OCPS) John Udochi, ACS, Rosmil Almonte, Jennifer Fiellman, Paula Garcia, Nicola Gibson, David Hansell, Melissa Hayes, Octavia Hill, Margaret Ingoglia, Travis Johnson, Legal Aid Society, Robert Maes, Manhattan District Attorneys Office, Laura Millendorf, Zulma Montanez, NYC Department of Investigation, NYPD, Janet Sabel, Judith Stern, Sun River Health, Inc., Judge Wasko, Amanda White, Jacqueline D. Williams, Iyeisha Witherspoon. Document filed by Robert Malek. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(sc) (Entered: 08/09/2021)

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  • 08/06/2021
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  • Docket(#23) LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Brian Krist dated August 6, 2021 re: #13 MOTION TO LIMIT SERVICE OF PLEADINGS AMOUNG DEFENDANTS & ALLOW SERVICE OF PROCESS VIA ELECTRONIC FILING SYSTEM re: #10 MOTION TO LIMIT SERVICE OF PLEADINGS AMOUNG THE DEFENDANTS AND ALLOW SERVICE OF PROCESS VIA ELECTRONIC FILING SYSTEM.., #14 MOTION to Amend/Correct #4 Amended Complaint,,., #10 MOTION TO LIMIT SERVICE OF PLEADINGS AMOUNG THE DEFENDANTS AND ALLOW SERVICE OF PROCESS VIA ELECTRONIC FILING SYSTEM., #16 MOTION to Amend/Correct #14 MOTION to Amend/Correct #4 Amended Complaint,,.. also in opposition to Plaintiff's motions in ECF 20 and 22. Document filed by ACS, Rosmil Almonte, Jennifer Fiellman, Paula Garcia, Nicola Gibson, David Hansell, Melissa Hayes, Octavia Hill, Laura Millendorf, Zulma Montanez, NYC Department of Investigation, NYPD, Iyeisha Witherspoon..(Krist, Brian) (Entered: 08/06/2021)

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  • 08/05/2021
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  • Docket(#22) LETTER from R. Malek, re: In filing of 8/5/21, Plaintiff in this action refuses to take part in proceedings unlawfully transferred to 40 Foley / 500 Pearl, NYC)etc. I wish to reaffirm what was stated in the Complaint. ACS along with Judge Williams conspired to draft an Order of Protection against Plaintiff based either in whole or in part by false criminal background upon Plaintiff Robert Malek, not serve Order of Protection or inform during Court proceedings of its issuance and then conspire with Attorney Robert Maes, Brooklyn Defenders Services, Margaret Ingoglia and ACS to have defendant arrested etc. Document filed by Robert Malek.(sc) (Entered: 08/05/2021)

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  • 08/05/2021
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  • Docket(#21) NOTICE OF APPEARANCE by Shi-Shi Wang on behalf of (Office of Children & Family Services, OCPS) John Udochi, Judge Wasko, Amanda White, Jacqueline D. Williams..(Wang, Shi-Shi) (Entered: 08/05/2021)

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  • 08/05/2021
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  • Docket(#20) NOTICE: WITH NO DISRESPECT INTENDED, FOR VARIOUS REASONS, I DO NOT CONSENT TO THIS CIVIL ACTION WITH A MAGISTRATE JUDGE. Document filed by Robert Malek. (sc) (Entered: 08/05/2021)

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  • 08/04/2021
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  • Docket(#19) CERTIFICATE OF SERVICE of Summons and Amended Complaint. (Office of Children & Family Services, OCPS) John Udochi, served on 7/9/2021, answer due 7/30/2021; Travis Johnson, served on 7/9/2021, answer due 7/30/2021; Judge Wasko, served on 7/9/2021, answer due 7/30/2021; Amanda White, served on 7/9/2021, answer due 7/30/2021; Jacqueline D. Williams, served on 7/9/2021, answer due 7/30/2021. Service was accepted by Michael Channell o/b/o Travis Johnson; Sara Celestin o/b/o Jaqueline Williams, Kings County Family Court; Sara Celestin o/b/o Amanda White, Kings County Family Court; C. Taylor o/b/o John Udochi and Sue Novick Wasko. Document filed by Robert Malek. (sc) (Entered: 08/05/2021)

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11 More Docket Entries
  • 07/27/2021
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  • Docket(#7) SUMMONS RETURNED EXECUTED Summons and Complaint, served. Octavia Hill served on 7/26/2021, answer due 8/16/2021; Legal Aid Society served on 7/26/2021, answer due 8/16/2021; NYC Department of Investigation served on 7/26/2021, answer due 8/16/2021; Janet Sabel served on 7/26/2021, answer due 8/16/2021; Judith Stern served on 7/26/2021, answer due 8/16/2021; Sun River Health, Inc. served on 7/24/2021, answer due 8/16/2021. Service was accepted by Ferdinand Cesarano o/b/o Janet Sabel, Legal Aid Society, and Judith Stern; Javilee Francis o/b/o NYC Dept. of Investigation and Javilee Hill; and no name given to person accepting service for Sun River Health Inc. Document filed by Robert Malek. (sc) (Additional attachment(s) added on 7/27/2021: #1 Proof of Sevice) (sc). (Entered: 07/27/2021)

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  • 07/21/2021
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  • Docket(#6) SUMMONS ISSUED as to ACS, Rosmil Almonte, Brooklyn Defender Services, Jennifer Fiellman, Paula Garcia, Nicola Gibson, Janie Groff, David Hansell, Melissa Hayes, Octavia Hill, Margaret Ingoglia, Travis Johnson, Legal Aid Society, Robert Maes, Manhattan District Attorneys Office, Laura Millendorf, Zulma Montanez, NYC Department of Investigation, NYPD, Janet Sabel, Judith Stern, Sun River Health, Inc., John Udochi, Sue Novick Wasko, Amanda White, Jacqueline D. Williams, Iyeisha Witherspoon, James Zaleta. (sha) (Entered: 07/21/2021)

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  • 07/12/2021
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  • Docket(#5) NOTICE OF APPEARANCE by Brian Joseph Krist on behalf of ACS, NYC Department of Investigation..(Krist, Brian) (Entered: 07/12/2021)

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  • 07/09/2021
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  • Docket(#4) AMENDED COMPLAINT, re: amending #1 Complaint, against ACS, Rosmil Almonte, Jennifer Fiellman, Paula Garcia, Nicola Gibson, David Hansell, Melissa Hayes, Octavia Hill, Margaret Ingoglia, Travis Johnson, Legal Aid Society, Robert Maes, Manhattan District Attorneys Office, Laura Millendorf, NYC Department of Investigation, NYPD, Janet Sabel, Judith Stern, Sun River Health, Inc., Jacqueline D. Williams, Iyeisha Witherspoon, James Zaleta, Zulma Montanez, Amanda White, Judge Wasko, and (Office of Children and Family Services)John Udochi.Document filed by Robert Malek. Related document: #1 Complaint. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(sc) Modified on 8/5/2021 (sc). (Entered: 07/09/2021)

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  • 06/30/2021
  • DocketMagistrate Judge Ona T. Wang is so redesignated. (aea) (Entered: 06/30/2021)

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  • 06/30/2021
  • DocketNOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Nelson Stephen Roman is no longer assigned to the case. (aea) (Entered: 06/30/2021)

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  • 06/24/2021
  • DocketMagistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) (Entered: 06/25/2021)

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  • 06/24/2021
  • DocketCase Designated ECF. (sac) (Entered: 06/25/2021)

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  • 06/24/2021
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  • Docket(#2) CIVIL COVER SHEET filed. (sac) (Entered: 06/25/2021)

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  • 06/24/2021
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  • Docket(#1) COMPLAINT against ACS, Rosmil Almonte, Jennifer Fiellman, Paula Garcia, Nicola Gibson, Janie Groff, David Hansell, Melissa Hayes, Octavia Hill, Margaret Ingoglia, Travis Johnson, Legal Aid Society, Robert Maes, Manhattan District Attorneys Office, Laura Millendorf, NYC Department of Investigation, NYPD, Janet Sabel, Judith Stern, Sun River Health, Jacqueline D. Williams, Iyeisha Witherspoon, James Zaleta. (Filing Fee $402.00 Fee Paid.) Document filed by Robert Malek. (sac) (Entered: 06/25/2021)

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