Iwachiw et al v. Travelers et al
| Walter Iwachiw, WNIS Companies and World Network International Services Inc. |
| Adorno Denker Associates, Inc., All City of New York Departments, City of New York, NYU Medical Center, The Standard Fire Insurance Company, Tower Insurance Company of New York and Travelers |
| 2:2014cv05615 |
| September 24, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Steven I. Locke |
| Insurance |
| 42 U.S.C. ยง 4001 National Insurance Flood Act |
| Defendant |
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Filing
173
ORDER and FILING INJUNCTION: SO ORDERED that the Report is accepted in its entirety and, for the reasons set forth therein, the branches of TICNYs and Adorno Denkers motions seeking to have a filing injunction imposed against plaintiff are granted a nd the motions are otherwise denied. It is hereby, ORDERED that Walter Iwachiw is barred from commencing any new pro se action in any federal court in the State of New York against Tower Insurance Company of New York (TICNY) regarding claims made und er the homeowners policy issued by TICNY (the TICNY Policy) under policy number HOS2664140, or against Adorno Denker Associates, Inc. (Adorno Denker) regarding the brokering of, or claims made under, both the TICNY Policy, policy number HOS2664140, a nd the policy written by defendant Travelers/Standard Fire Insurance (the Standard Fire Policy) under policy number 6010047198; and it is further, ORDERED that Walter Iwachiw shall attach to any pleading he heretofore files in any state court commenc ing a lawsuit or proceeding against TICNY and/or Adorno Denker a copy of the following documents from this litigation: (a) this Order; (b) the Order dated September 15, 2015, (Docket Entry [DE] 153); and (c) the reports and recommendations of Magistr ate Judge Locke dated November 17, 2015, (DE 170), and August 14, 2014, (DE 144). Plaintiff is hereby warned that monetary sanctions may be imposed against him for filing any papers in this Court that are found to be harassing, vexatious, or in viola tion of this, or any of the prior, filing injunctions imposed against him. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this Order upon all parties as provided in Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 1/5/2016. (Florio, Lisa)
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Filing
162
ORDER: SO ORDERED that plaintiffs motion for leave to proceed on appeal in forma pauperis is denied. Pursuant to Rule 24(a)(4) of the Federal Rules of Appellate Procedure, the Clerk of the Court shall serve notice of entry of this order upon all part ies and immediately notify the United States Court of Appeals for the Second Circuit of this decision. Pursuant to Rule 24(a)(5) of the Federal Rules of Appellate Procedure, inter alia, plaintiff may file a motion for leave to proceed on appeal in fo rma pauperis in the United States Court of Appeals for the Second Circuit within thirty (30) days after the Clerk of this Court serves notice of entry of this order upon him. CM via ecf to 2nd Circuit Appeals Court and CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 10/16/2015. (Florio, Lisa)
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Filing
153
ORDER re 144 REPORT AND RECOMMENDATION; For the reasons set forth herein, so much of the Report as recommends that plaintiffs claims against the City be sua sponte dismissed for lack proper service is rejected, but the remainder of the Report is ac cepted in its entirety and, for the reasons set forth in the Report, (1) the branch of Standard Fires motion seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure dismissing plaintiffs claims against it for lack of stan ding is granted and plaintiffs claims against Standard Fire are dismissed in their entirety for lack of standing, and Standard Fires motion is otherwise denied; (2) TICNYs and NYUs motions for judgment on the pleadings pursuant to Rule 12(c) of the F ederal Rules of Civil Procedure are granted and plaintiffs claims against TICNY and NYU are dismissed in their entirety withprejudice for failure to state a claim for relief; (3) Adorno Denkers motion for judgment on the pleadings pursuant to Rule 12 (c) of the Federal Rules of Civil Procedure is granted and plaintiffs claims against Adorno Denker are dismissed in their entirety with prejudice for lack of personal jurisdiction and for failure to state a claim for relief; (4) plaintiffs cross moti on for summary judgment is denied; (5) plaintiffs request for leave to amend the complaint is denied; and (6) the claims of the corporate plaintiffs are dismissed in their entirety without prejudice, and the Court declines to exercise supplemental ju risdiction over the remaining state law claims against the City and dismisses those claims without prejudice pursuant to 28 U.S.C. § 1367(c), unless, on or before October 19, 2015, counsel admitted to practice law in this Court files a notice of appearance on behalf of the corporate plaintiffs. (Ordered by Judge Sandra J. Feuerstein on 9/15/2015.) (Fagan, Linda)
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