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- nysd;;1:17-cv-05429_de646 RegisterActionDate "2020-11-17" @default.
- nysd;;1:17-cv-05429_de646 RegisterActionDescriptionText "MEMO ENDORSEMENT on re: 603 Letter, filed by 8D324B3. ENDORSEMENT: Plaintiff's letter dated November 17, 2020 (Dkt. #603), raises several issues, certain of which may be resolved here and others of which require further briefing. On the issue of Plaintiff's request that the Court terminate the filing rights of Plaintiff's former counsel, Colleen Kerwick, that request is DENIED. The procedural history of this case, including several recent entries (see, e.g., Dkt. #570, 578, 584, 588, 593, 601), only reinforce the importance of retaining former counsel's filing privileges in order to ensure Plaintiff does not file sensitive personal information on the public docket. Relatedly, on the issue of prior restraint, the Court's requirement that Plaintiff seek leave of Court before filing submissions related to prior counsel is both authorized by the Federal Rules of Civil Procedure and the Court's inherent power to control its own docket. See, e.g., Safir v. U.S. Lines, Inc., 792 F.2d 19, 23-25 (2d Cir. 1986) (holding that district courts have the power to restrict vexatious litigant's future filings). There remains a request from Plaintiff to file a motion for a protective order, which motion stems from Plaintiff's allegation that Ms. Kerwick "continues to threaten[,] harass, bully and attempt to intimidate Plaintiff from New York to Beverly Hills." (Dkt. #603). Plaintiff's request to file a motion for a protective order is GRANTED, but given the nature and tenor of Plaintiff's previous filings regarding her relationship with Ms. Kerwick, Plaintiff is ORDERED to file her moving papers under seal. Plaintiff's moving papers shall be due on or by December 1, 2020. Thereafter, the Court will determine whether to unseal Plaintiff's moving papers and will set a briefing schedule on Plaintiff's motion if appropriate. SO ORDERED. (Motions due by 12/1/2020.) (Signed by Judge Katherine Polk Failla on 11/17/2020) (mml) (Entered: 11/18/2020)" @default.
- nysd;;1:17-cv-05429_de646 AdministrativeID "604" @default.
- nysd;;1:17-cv-05429_de646 hasReferenceToOtherEntry nysd;;1:17-cv-05429_de645 @default.