DeMarco v. The City of New York et al
Nicola Antonio DeMarco |
The City of New York, The City of New York Department of Education, Michael Bloomberg, New York City School's Chancellor Joel Klein, Renee David, Theresa Europe, Philip Composito, Nancy Ryan, Michael Best, Michael Cardozo, New York City Deputy Mayor Dennis Walcott, New York State Governor David Paterson and Eleanor Elovich Glanstein |
1:2008cv03055 |
July 25, 2008 |
US District Court for the Eastern District of New York |
Other Statutory Actions Office |
Kings |
Lois Bloom |
Dora Lizette Irizarry |
Plaintiff |
Federal Question |
28:1331 Fed. Question |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
---|
Filing 69 MEMORANDUM AND ORDER that Deft. Glanstein's motion to dismiss is GRANTED. The Clerk of Court is directed to terminate Glanstein as a party in this case. Ordered by Judge Roslynn R. Mauskopf on 3/22/2011. (Greene, Donna) |
Filing 56 ORDER adopting in part Report and Recommendations 41 ; granting 42 Motion for Leave to File: SEE ATTACHED ORDER. Defendants City of New York, the New York City Department of Eduction, Joel Klein, Philip Composito, Michael Cardozo, and Dennis Wolc ott (the "City Defendants" have conceded service of process 42 and seek leave to file a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Accordingly, that portion of Magistrate Judge Bloom's Report & Recommend ation 41 concerning service of process with respect to the City Defendants is moot, and is otherwise adopted in all respects, including dismissal of all claims without prejudice as to Defendants David, Europe, Ryan, Best and Paterson. The City Def endants may proceed with their motion without the need for a pre-motion conference, according to the following briefing schedule: the City Defendants shall serve their motion by September 15, 2010; Plaintiff's opposition shall be served by Octob er 20, 2010, and any reply shall be served, and the fully-briefed motion filed bu November 3, 2010. The Clerk of Court shall mail to Plaintiff a copy of this docket entry, and the attached Order. Ordered by Judge Roslynn R. Mauskopf on 8/25/2010. (Mauskopf, Roslynn) |
Filing 34 ORDER, Pltff's 19 - 30 Motions for Default Judgment are denied without prejudice. Defts' requests for a premotion conference (documents 17, 32, 33) are also denied without prejudice. This is pltff's case to vindicate his rights. The Court should not afford pltff unlimited opportunities to properly serve defts. Nevertheless, as pltff has at least made an attempt to serve defts, albeit improperly, the Court will extend the time for pltff to serve defts to 3/26/10, pursuant to FRCP 4(m). Pltff must properly serve deft under Rules 4(e) and/or 4(j) of the FRCP by this date, and file proof of such service by 3/31/10. Pltff is on notice that even though he is proceeding pro se he is obligated to serve process according to the federal rules. If pltff fails to file proof of proper service on defts by 3/31/10, I will reinstate my R&R to dismiss this case. (Ordered by Magistrate Judge Lois Bloom on 3/8/2010) c/m (Galeano, Sonia) |
Filing 13 ORDER: By 12 letter dated 11/10/2009, plaintiff objects to the Court's 11 recommendation, stating that she was unable to serve defendants due to "serious personal and family illness along with delay due to failure to timely update [her] new mailing address on the part of the U.S. District Court, Eastern District staff." If plaintiff changes her address in the future, she shall write to the Court to notify the Clerk of the change. Nevertheless, the Court withdraws its 10/22/200 9 Report and Recommendation and grants plaintiff until 12/20/2009 to file proof of proper service on defendants. The Court extends the Rule 4(m) deadline for plaintiff to serve defendants to 12/20/2009. This is plaintiff's final opportunity to e ffect service on defendants. If she fails to demonstrate that she has properly served defendants by 12/20/2009, the Court shall reinstate its recommendation that this case should be dismissed pursuant to Fed. R. Civ. P. 4(m). SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 11/20/2009) C/mailed. (Latka-Mucha, Wieslawa) |
Filing 11 REPORT AND RECOMMENDATIONS, Pltff has failed to file proof of service or show good cause why service has not been made on defts. Accordingly, it is respectfully recommended that pltff's complaint should be dismissed without prejudice pursuant to Rule 4(m) of the FRCP. Objections to R&R due by 11/9/2009. (Ordered by Magistrate Judge Lois Bloom on 10/22/2009) c/m (Galeano, Sonia) |
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.