Case number 1:22-cv-10435
Ottah v. Metropolitan Transportation Authority > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 9, 2024 | 35 | LETTER addressed to Judge Jesse M. Furman from Chikezie Ottah dated 10/9/2024 re: Motion to reconsider or reopen. Document filed by Chikezie Ottah. (jjc) (Entered: 10/16/2024) (20) |
| Apr 11, 2024 | 34 | MANDATE of USCA (Certified Copy) as to 30 Notice of Appeal filed by Chikezie Ottah. USCA Case Number 23-8002. Defendant-appellee moves to dismiss the appeal or in the alternative to transfer the appeal to the United States Court of Appeals for the Federal Circuit because the Federal Circuit has exclusive jurisdiction over the district court's decision granting a motion to dismiss in this patent infringement action. See 28 U.S.C. § 1295(a)(1). Upon due consideration, it is hereby ORDERED that the motion is GRANTED and the appeal is DISMISSED, because it is not "in the interest of justice" to transfer the appeal. Moreno-Bravo v. Gonzales, 463 F.3d 253, 263 (2d Cir. 2006 (citation omitted); see Ottah v. Bracewell LLP, No. 22-1876, 2022 WL 16754378 (Fed. Cir. Nov. 8, 2022).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/11/2024..(nd) (Entered: 04/11/2024) (1) |
| Dec 26, 2023 | 33 | MEMO ENDORSEMENT on re: 32 Letter Court Pacer, filed by Chikezie Ottah. ENDORSEMENT: On November 22, 2023, the Court rendered Judgment in Defendant's favor and closed the case. If Plaintiff disagrees with the Court's Judgment, his arguments should be directed to the Second Circuit, where his appeal is currently pending. The Clerk is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/26/23) (yv) (Entered: 12/26/2023) (1) |
| Dec 21, 2023 | 32 | LETTER from C. Ottah re: THE COURT PACER. The Court Pacer is a pivotal, interconnecting or connection through the use of electronic or technology devices. With all respect Your Hon. you know and have used Pacer. This is the exact pivotal Connection claimed and expressed or illustrated in Fig. 8, page 5, paragraph 2, lines 10 and 12 etc. Document filed by Chikezie Ottah.(sc) (Entered: 12/21/2023) (2) |
| Dec 19, 2023 | 31 | LETTER addressed to Judge Jesse M. Furman from C. Ottah re: I ASK THE COURT TO EXAMINE CONNECTOR, PIVOTAL CONNECTION, INTERCONNECTING, PIVOTAL INTERCONNECTOR-. Document filed by Chikezie Ottah.(sc) (Entered: 12/20/2023) (3) |
| Dec 8, 2023 | 30 | NOTICE OF APPEAL from 28 Memorandum & Opinion, 29 Clerk's Judgment,,,,. Document filed by Chikezie Ottah..(nd) (Entered: 12/08/2023) (2) |
| Nov 22, 2023 | 29 | CLERK'S JUDGMENT re: 28 Memorandum & Opinion in favor of MTA against Chikezie Ottah. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated November 22, 2023, the MTA's motion to dismiss must be and is GRANTED. Further, the Court declines to sua sponte grant Ottah leave to amend, as it is plain that, among other things, any amendment would be futile. See Bracewell, 2021 WL 5910065, at *11 ("Given [Ottah's] extensive history of filing unsuccesssful lawsuits relating to the same patent and involving the same or closely analogous issues to those implicated by this action, the Court does not believe that [Ottah's] pleading deficiencies are remediable by amendment."). Finally, the Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Memorandum Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Accordingly, judgment is entered for the MTA and the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/22/2023) (Attachments: # 1 Appeal Package) (tp) (Entered: 11/22/2023) (0) |
| Nov 22, 2023 | 28 | MEMORANDUM OPINION AND ORDER re: 12 MOTION to Dismiss . filed by MTA.The MTA's motion to dismiss must be and is GRANTED. Further, the Court declines to sua sponte grant Ottah leave to amend, as it is plain that, among other things, any amendment would be futile. See Bracewell, 2021 WL 5910065, at *11 ("Given [Ottah's] extensive history of filing unsuccessful lawsuits relating to the same patent and involving the same or closely analogous issues to those implicated by this action, the Court does not believe that [Ottah's] pleading deficiencies are remediable by amendment."). Finally, the Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Memorandum Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to amend the caption of this case to conform with the caption of this Memorandum Opinion and Order, to terminate ECF No. 12, to enter judgment for the MTA, to mail this Memorandum Opinion and Order to Ottah, and to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/21/23) (yv) Transmission to Orders and Judgments Clerk for processing. (Entered: 11/22/2023) (4) |
| Sep 22, 2023 | 27 | PROOF OF DELIVERY(to MTA). Document filed by Chikezie Ottah. (sc) (Entered: 09/26/2023) (2) |
| Sep 5, 2023 | 26 | LETTER from C. Ottah, re: ADDENDUM REBUFF. Document filed by Chikezie Ottah.(sc) (Entered: 09/06/2023) (3) |
| Jun 14, 2023 | 25 | LETTER from C. Ottah, re: "REBUFF TO MTA 2ND MEMORANDUM - US PATENT 840 HAS A WELL DOCUMENTED CONVERSATION, ADJUSTMENT OF RESILIENT CLIP OR EQUIPMENT, INCLUDING PROVIDING A BOOK HOLDER THAT CAN BE EASILY AND REMOVABLY ATTACHED & REMOVED FROM A BAR OR PORTION OF THE MOBILE VEHICLE WITHOUT TOOLS ETC." I thank the Court for the recognition that, at least, technology was claimed on the specification(35 USC 112 D/E/f) and (35 USC 271)etc. Document filed by Chikezie Ottah.(sc) (Entered: 06/15/2023) (21) |
| May 5, 2023 | 24 | LETTER from C. Ottah, re: Plaintiff owns the Patent, U.S. Patent 7,152,840 which is directed to hold a book and technology. I have written at least once t MTA to verify the product at issue here, no replies etc. Your Hon. I have clearly stated the use of tools(secured), and it is plausible, and I have stated plausible claim, placing the camera again and again on my book holder, the memorandum having added the history claim of book and electronic. My declaration has raised the doubt that theU.S. Patent 840 did not cover book and electronic. Document filed by Chikezie Ottah..(sc) (Entered: 05/08/2023) (11) |
| May 2, 2023 | 23 | CERTIFICATE OF SERVICE of Reply Memorandum of Law served on Chikezie Ottah on 05/02/2023. Service was made by MAIL. Document filed by MTA..(Barnes, Jason) (Entered: 05/02/2023) (2) |
| May 2, 2023 | 22 | REPLY MEMORANDUM OF LAW in Support re: 12 MOTION to Dismiss . . Document filed by MTA..(Barnes, Jason) (Entered: 05/02/2023) (11) |
| Apr 26, 2023 | 21 | DECLARATION OF CHIKEZIE OTTAH IN SUPPORT OF MEMORANDUM NOT TO DISMISS(in Opposition to re: 12 MOTION to Dismiss ). Document filed by Chikezie Ottah. (sc) (Entered: 04/28/2023) (10) |
| Apr 26, 2023 | 20 | (Affirmation of Chikezie Ottah) OPPOSITION TO DISMISS COMPLAINT(APPENDIX/LITERAL ETC.) re: 12 MOTION to Dismiss . Document filed by Chikezie Ottah. (sc) (Entered: 04/28/2023) (21) |
| Apr 26, 2023 | 19 | MEMORANDUM OF LAW OPPOSITION TO DISMISS COMPLAINT, Re: in Opposition re: 12 MOTION to Dismiss . Document filed by Chikezie Ottah. (sc) Modified on 4/28/2023 (sc). (Entered: 04/28/2023) (28) |
| Mar 20, 2023 | N/A | MAILING RECEIPT: Document No: 18. Mailed to: Chikezie Ottah 648 Dorothea Lane Elmont, NY 11003. (dsh) (Entered: 03/20/2023) (0) |
| Mar 17, 2023 | 13 | MEMORANDUM OF LAW in Support re: 12 MOTION to Dismiss . . Document filed by MTA..(Barnes, Jason) (Entered: 03/17/2023) (22) |
| Mar 17, 2023 | 14 | DECLARATION of Jason Douglas Barnes in Support re: 12 MOTION to Dismiss .. Document filed by MTA. (Attachments: # 1 Exhibit Patent No. 7,152,840, # 2 Exhibit Opinion & Order, Ottah v. Bracewell, LLP, No. 21-CV-00455-KPF (S.D.N.Y.)).(Barnes, Jason) (Entered: 03/17/2023) (0) |
| Mar 17, 2023 | 15 | NOTICE of NOTICE TO PRO SE LITIGANT WHO OPPOSES A RULE 12 MOTION SUPPORTED BY MATTERS OUTSIDE THE PLEADING PURSUANT TO LOCAL RULE 12.1 re: 12 MOTION to Dismiss .. Document filed by MTA..(Barnes, Jason) (Entered: 03/17/2023) (4) |
| Mar 17, 2023 | 16 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MTA..(Barnes, Jason) (Entered: 03/17/2023) (1) |
| Mar 17, 2023 | 17 | CERTIFICATE OF SERVICE of Motion to Dismiss, Memorandum of Law, Declaration of Jason Douglas Barnes and Exhibits, Local Rule 12.1 Notice, Rule 7.1 Statement, Notice of Appearance, Decisions Relied Upon in Memorandum served on Chikezie Ottah on 03/17/2023. Service was made by MAIL. Document filed by MTA..(Barnes, Jason) (Entered: 03/17/2023) (2) |
| Mar 17, 2023 | 18 | ORDER: Accordingly, it is hereby ORDERED that Ottah shall file any amended complaint by April 28, 2023. If Ottah believes that the pleading of additional facts will cure deficiencies identified in the motion to dismiss, he should include those facts in the amended complaint. Ottah will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Ottah does amend, by three (3) weeks after the amended complaint is filed, MTA shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If MTA files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If no amended complaint is filed, Ottah shall serve any opposition to the motion to dismiss by April 28, 2023. MTA's reply, if any, shall be served by May 12, 2023. Either party may request an extension of the briefing schedule for the motion. A deadline will be extended if the party demonstrates that its pursuit of the action has been diligent and that there is a good reason for extending the deadline. Finally, the Clerk of the Court is directed to mail a copy of this Order to Ottah. SO ORDERED. ( Amended Pleadings due by 4/28/2023.) (Signed by Judge Jesse M. Furman on 3/17/2023) (vfr) (Entered: 03/17/2023) (2) |
| Mar 17, 2023 | 12 | MOTION to Dismiss . Document filed by MTA. Responses due by 4/17/2023.(Barnes, Jason) (Entered: 03/17/2023) (2) |
| Mar 17, 2023 | 11 | NOTICE OF APPEARANCE by Jason Douglas Barnes on behalf of MTA..(Barnes, Jason) (Entered: 03/17/2023) (1) |
| Mar 13, 2023 | 10 | LETTER addressed to Judge Jesse M. Furman from C. Ottah, dated 3/10/23 re: "NOTICE FOR DEFAULT JUDGMENT" - Please permit me to apply for a default judgment in this case. I respectfully notice the time for the defendant to submit any kind of response is ended etc. On 2/13/23, the Court issued an Order for a proper Court Summon serviced to the defendant, MTA. The Court wanted a response that the defendant has been properly serviced before 2/27/23. I state that the court order was fulled complied to by me. Document filed by Chikezie Ottah.(sc) (Entered: 03/13/2023) (1) |
| Feb 27, 2023 | 9 | LETTER addressed to Judge Jesse M. Furman from C. Ottah, dtd 2/27/23, re: "ORDER TO SEND WAIVER OF THE SERVICE OF SUMMONS TO MTA HAS BEEN COMPLETED" - On 2/21/23, the Court order to send a waiver of the Summons to the defendant place of business and a self-addressed envelope was attached, as shown in the back by the attached copies(as indicated). Document filed by Chikezie Ottah.(sc) (Entered: 02/28/2023) (5) |
| Feb 14, 2023 | N/A | MAILING RECEIPT: Document No: 8. Mailed to: Chikezie Ottah 648 Dorothea Lane Elmont, NY 11003. (kh) (Entered: 02/14/2023) (0) |
| Feb 13, 2023 | 8 | ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that Ottah shall, no later than February 27, 2023, communicate with the Court, in writing, as to whether service on MTA complied with the above requirements. If the Court does not receive any communication from Ottah by February 27, 2023, the Court will deem the prior service improper. If so, Ottah will still have until March 13, 2023, to effectuate proper service on Defendant. To that end, he is encouraged to review the attached fact sheet provided by the Court's Pro Se Intake Unit and work with the Pro Se Law Clinic in this District. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/13/2023) ( Service due by 3/13/2023.) (ks) (Entered: 02/13/2023) (4) |
| Feb 9, 2023 | 7 | LETTER from C. Ottah, re: PROOF OF DELIVERY - ORDER TO SHOW CAUSE - COMPLAIN DOCUMENT/CLAIMS OF THE INVENTION - LITERAL AND OR DOCTRINE OF EQUIVALENT. Document filed by Chikezie Ottah.(sc) (Entered: 02/09/2023) (5) |
| Jan 24, 2023 | N/A | MAILING RECEIPT: Document No: 6. Mailed to: Chikezie Ottah 648 Dorothea Lane Elmont, NY 11003. (dsh) (Entered: 01/24/2023) (0) |
| Jan 23, 2023 | 6 | ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that Ottah shall, no later than February 23, 2023, communicate with the Court, in writing, as to whether service on Defendant was proper. To the extent that Ottah makes factual representations about when and how he accomplished service, he should do so in a declaration sworn under penalty of perjury. If the Court does not receive any communication from Ottah by February 23, 2023, the Court will deem the prior service improper. If so, Ottah will still have until March 13, 2023, to effectuate proper service on Defendant. Finally, the Court notes that there is a Pro Se Law Clinic in this District to assist non- incarcerated people who are parties in civil cases and do not have lawyers. The Clinic may be able to provide Ottah with guidance and assistance in connection with this case and the issues discussed above. The Pro Se Law Clinic is run by a private organization called the New York Legal Assistance Group; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Unit). The Clinic is located in the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York, in Room LL22, which is just inside the Pearl Street entrance to that Courthouse. Under normal circumstances, the Clinic is open on weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed. An unrepresented party can make an appointment in person or by calling (212) 659-6190. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. ( Service due by 3/13/2023.) (Signed by Judge Jesse M. Furman on 1/23/2023) (tg) (Entered: 01/23/2023) (2) |
| Jan 17, 2023 | 5 | AFFIDAVIT OF FACT of Kenneth Otah. Document filed by Chikezie Ottah. (sc) (Entered: 01/18/2023) (1) |
| Jan 17, 2023 | 4 | SUMMONS RETURNED EXECUTED(Proof of Delivery) Summons and Complaint served. MTA served on 12/22/2022, answer due 1/12/2023. Service was accepted by MTA. Service was made by Mail #1575722102US. Document filed by Chikezie Ottah. (sc) (Entered: 01/18/2023) (3) |
| Dec 13, 2022 | N/A | Magistrate Judge Sarah L. Cave 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: 12/13/2022) (0) |
| Dec 13, 2022 | N/A | NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (sac) (Entered: 12/13/2022) (0) |
| Dec 12, 2022 | 2 | LETTER from C. Ottah dated 12/12/22 re: I am adding today 12/12/22 this patent, U. S. Patent 7,152,840 Documents to already filed documents. Document filed by Chikezie Ottah.(sc) (Entered: 12/12/2022) (24) |
| Dec 12, 2022 | N/A | Pro Se Payment of Fee Processed: $402.00 Money Order processed by the Finance Department on 12/12/2022, Receipt Number 9540. (sw) Modified on 12/13/2022 (sw). (Entered: 12/12/2022) (0) |
| Dec 12, 2022 | N/A | SUMMONS ISSUED as to MTA. (dsh) (Entered: 12/12/2022) (0) |
| Dec 12, 2022 | N/A | Case Designated ECF. (rdz) (Entered: 12/12/2022) (0) |
| Dec 12, 2022 | 1 | COMPLAINT against MTA. Document filed by Chikezie Ottah..(rdz) (Entered: 12/12/2022) (30) |
