DeMarco v. The City of New York et al
Plaintiff: Nicola Antonio DeMarco
Defendant: 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
Case Number: 1:2008cv03055
Filed: July 25, 2008
Court: US District Court for the Eastern District of New York
Office: Other Statutory Actions Office
County: Kings
Presiding Judge: Lois Bloom
Presiding Judge: Dora Lizette Irizarry
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 28:1331 Fed. Question

Available Case Documents

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Date Filed Document Text
March 23, 2011 Opinion or Order 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)
August 25, 2010 Opinion or Order 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)
March 10, 2010 Opinion or Order 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)
November 20, 2009 Opinion or Order 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)
October 23, 2009 Opinion or Order 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)
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Search for this case: DeMarco v. The City of New York et al
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Plaintiff: Nicola Antonio DeMarco
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Defendant: The City of New York
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Defendant: The City of New York Department of Education
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Defendant: Michael Bloomberg
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Defendant: New York City School's Chancellor Joel Klein
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Defendant: Renee David
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Defendant: Theresa Europe
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Defendant: Philip Composito
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Defendant: Nancy Ryan
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Defendant: Michael Best
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Defendant: Michael Cardozo
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Defendant: New York City Deputy Mayor Dennis Walcott
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Defendant: New York State Governor David Paterson
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Defendant: Eleanor Elovich Glanstein
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