Case: Mioduszewski v. Polish & Slavic Federal Credit Union

1:18-cv-06081 | U.S. District Court for the Eastern District of New York

Filed Date: Oct. 12, 2018

Closed Date: Nov. 7, 2018

Clearinghouse coding complete

Case Summary

A pro se plaintiff brought this civil action in the United States District Court for the Southern District of New York on October 12, 2018 against the Board of Directors of the Polish and Slavic Federal Credit. Plaintiff claimed that the Defendants violated his constitutional and statutory right to free speech and right to vote.  The complaint purported to bring a representative action on behalf of the members of the Polish & Slavic Federal Credit Union, alleging that its directors used the mem…

A pro se plaintiff brought this civil action in the United States District Court for the Southern District of New York on October 12, 2018 against the Board of Directors of the Polish and Slavic Federal Credit. Plaintiff claimed that the Defendants violated his constitutional and statutory right to free speech and right to vote. 

The complaint purported to bring a representative action on behalf of the members of the Polish & Slavic Federal Credit Union, alleging that its directors used the members' funds “to defend their own positions” and have “expos[ed] [the] financial organization to enormous financial losses.” Plaintiff claimed that the directors misled investors, ignored court judgments, mismanaged the credit union, and unreasonably spent thousands of the members' dollars, including using those funds to litigate against the members in New York State court. The complaint also alleged that the Board of Directors threatened credit union member Jan Welenc with physical violence and that the National Credit Union Administration failed to adequately respond to the members' complaints or exercise control over the Board of Directors.

The plaintiff sought the return of funds expended by the Board of Directors in the above mentioned state court litigation and unspecified compensation for Jan Welenc’s injuries.

The action was first transferred to the United States District Court for the Eastern District of New York Court on October 31, 2018 and assigned to Judge Brian Mark Cogan.

On November 7, 2018, the Court held that the complaint did not describe any violations of the First or Fifteenth Amendments. Rather, plaintiff’s complaint pled facts to suggest that he intends to sue the directors of his federal credit union for mismanagement of its members' funds. The amended complaint was therefore dismissed and any leave to amend was denied as futile.

Summary Authors

(10/21/2024)

Related Cases

Mioduszewski v. Polish & Slavic Federal, Southern District of New York (None)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8151233/parties/mioduszewski-v-polish-slavic-federal-credit-union/


Judge(s)

Cogan, Brian Mark (New York)

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Documents in the Clearinghouse

Document
001

1:18-cv-06081

Complaint

Oct. 12, 2018

Oct. 12, 2018

Complaint
004

1:18-cv-06081

Order

Mioduszewski v. Polish & Slavic Federal

U.S. District Court for the Southern District of New York

Oct. 23, 2018

Oct. 23, 2018

Order/Opinion
007

1:18-cv-06081

Memorandum Decision and Order

Mioduszewski v. Polish & Slavic Federal

Nov. 7, 2018

Nov. 7, 2018

Order/Opinion

5830820 WL

008

1:18-cv-06081

Judgment

Mioduszewski v. Polish & Slavic Federal

Nov. 8, 2018

Nov. 8, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8151233/mioduszewski-v-polish-slavic-federal-credit-union/

Last updated Aug. 9, 2025, 9:17 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Ryszard Bak, Elzbieta Baumgartner, Bogdan Chmielewski, Malgorzata Czajkowska, Malgorzata Gradzki, Bozena Krajewska-Pielarz, Krzysztof Matyszczyk, National Credit Union Administration, Edward Pierwola, Iwona Podolak, Polish & Slavic Federal Credit Union, Malgorzata Wadolowski, Marzena Wierzbowska, Lech Wojtkowski. (Filing Fee $ 400.00, Receipt Number 465401220292)Document filed by Andrzej Mioduszewski.(pne) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/15/2018)

Oct. 12, 2018

Oct. 12, 2018

Clearinghouse
2

CIVIL COVER SHEET filed. (pne) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/15/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER

Magistrate Judge Stewart D. Aaron 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: http://nysd.uscourts.gov/forms.php. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

Case Designated ECF. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Ryszard Bak. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Elzbieta Baumgartner. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Bogdan Chmielewski. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Malgorzata Czajkowska. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Malgorzata Gradzki. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Bozena Krajewska-Pielarz. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Krzysztof Matyszczyk. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to National Credit Union Administration. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Edward Pierwola. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Iwona Podolak. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Polish & Slavic Federal Credit Union. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Malgorzata Wadolowski. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Marzena Wierzbowska. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER

SUMMONS ISSUED as to Lech Wojtkowski. (pne) [Transferred from New York Southern on 10/31/2018.]

Oct. 12, 2018

Oct. 12, 2018

PACER
4

ORDER: Accordingly, venue lies in the Eastern District of New York, 28 U.S.C. § 1391(b)(2), and this action is transferred to the United States District Court for the Eastern District of New York, 28 U.S.C. § 1406(a). The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff, to note service on the docket, to transfer this action to the United States District Court for the Eastern District of New York, and to close this case. The Court certifies, pursuant to 28 U.S.C § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). (Signed by Judge Edgardo Ramos on 10/23/2018) (jwh) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

Clearinghouse

Mailed a copy of 4 Order, to Andrzej Mioduszewski 148 Driggs Avenue APT 1R Brooklyn, NY 11222. (aea) [Transferred from New York Southern on 10/31/2018.]

Oct. 23, 2018

Oct. 23, 2018

PACER

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (jwh) [Transferred from New York Southern on 10/31/2018.]

Oct. 23, 2018

Oct. 23, 2018

PACER
5

Case transferred in from District of New York Southern; Case Number 1:18-cv-09346. Original file certified copy of transfer order and docket sheet received. (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
6

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
7

MEMORANDUM DECISION AND ORDER dated 11/6/18 tht the amended complaint is dismissed. Leave to amend is denied as futile. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). The Court certifies pursuant to 28:1915(a)(3) that any appeal would no t be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Judge Brian M. Cogan on 11/6/2018 ) c/m *Forwarded for jgm. (Guzzi, Roseann)

Nov. 7, 2018

Nov. 7, 2018

Clearinghouse
8

CLERK'S JUDGMENT dated 11/8/18 that the amended complaint is dismissed; that leave to amend is denied as futile, See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000); that pursuant to 28 U.S.C. § 1915(a)(3), any appeal would not be taken in good faith; and that in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962) ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 11/8/2018 ) c/m to plaintiff w/appeals pkg. (Guzzi, Roseann) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

Clearinghouse

Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 12, 2018

Closing Date: Nov. 7, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

pro se plaintiff individual

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Polish and Slavic Federal Credit Union Board of Directors (New York, New York), Private Entity/Person

Defendant Type(s):

Bank or credit provider

Facility Type(s):

Non-government for-profit

Case Details

Constitutional Clause(s):

Freedom of speech/association

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 0

Order Duration: 2018 - 2018

Issues

Voting:

Voting: General & Misc.