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15-4850 - Kerr v. American Airlines Inc.


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15-4850 - Kerr v. American Airlines Inc.
September 6, 2016
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ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE AND GRANTING LEAVE TO AMEND BY OCTOBER 6, 2016 -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, pro se plaintiff is granted in forma pauperis ("IFP") status for purposes of this Order only and the complaint is dismissed without prejudice. Plaintiff is granted leave to file an amended complaint NO LATER THAN OOCTOBER 6, 2016, that is in compliance with the Attached Memorandum and Order. Plaintiff is advised further that the amended complaint will completely replace the original complaint and must be captioned, Amended Complaint. It also must bear the same docket number as this Order. For the convenience of pro se Plaintiff, Instructions on How to Amend a Complaint are attached. If Plaintiff fails to comply with this Order by October 6, 2016, this action will be dismissed with prejudice. No summons shall issue at this time and all further proceedings shall be stayed until October 6, 2016. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal would not be taken in good faith and, therefore, IFP status is denied for purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order, and the Attached Memorandum and Order and Instructions on How to Amend a Complaint to pro se plaintiff. Closure of this case is held in abeyance pending plaintiff's decision as to whether he will amend the complaint. SO ORDERED by Chief Judge Dora Lizette Irizarry on 9/6/2016. (Attachments: # (1) Appendix) (Irizarry, Dora)
April 11, 2018
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ORDER: For the reasons stated in the attached order, the motion for sanctions 35 is granted. The Court awards American Airlines the total amount of $1822.26 to be paid by Kerr. Kerr is ordered to appear for his deposition at a date of American Airlines's choosing. Failure to attend this deposition will lead to the imposition of further sanctions, which may include a recommendation of dismissal of the action with prejudice. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/11/2018. (Zhang, Fan)