Cowder v. Administration for Children and Families (ACF) et al
| Gulnaz Cowder |
| Administration for Children and Families (ACF), Mary Ann Higgins, Department for Children and Families (DCF) and Steve Dale |
| 1:2009cv00628 |
| February 13, 2009 |
| US District Court for the Eastern District of New York |
| Civil Rights: Other Office |
| Kings |
| Lois Bloom |
| Raymond J. Dearie |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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The following documents for this case are available for you to view or download:
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Filing
38
MEMORANDUM AND ORDER: Dale's motion to dismiss is granted under Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction. The Clerk of Court is directed to close the case. C/M. Forwarded for judgment. Ordered by Judge Raymond J. Dearie on 5/10/2012. (Chee, Alvin)
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Filing
29
MEMORANDUM & ORDER: Defendants' 21 motion to dismiss the claims against defendants DCF and Steve Dale in his official capacity is granted. C/M. Ordered by Chief Judge Raymond J. Dearie on 9/27/2010. (Chee, Alvin)
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Filing
28
ORDER ADOPTING REPORT AND RECOMMENDATION: By Report and Recommendation dated 1/29/10, Judge Bloom recommends that "plaintiff's complaint should be dismissed as to defendants ACF and Higgins without prejudice pursuant to Rule 4(m) of the FRC P" because service on the State Attorney General of Massachusetts does not comply with FRCP 4(i). The Court adopts Judge Bloom's Report and Recommendation in its entirety and the Clerk of the Court is directed to dismiss plaintiff's complaint as to ACF and Higgins without prejudice. C/M. Ordered by Chief Judge Raymond J. Dearie on 2/25/2010. (Chee, Alvin)
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Filing
24
ORDER, By Order dated 9/29/09, the Court assumed ACF was a city agency and Higgins an employee thereof. I therefore referenced FRCP 4(e), 4(j)(2), and 4(1) for instructions on how to properly serve defts. However, pltff's complaint identifies AC F as a part of the United States Department of Health and Human Services, an agency of the United States government, and Higgins as the Regional Administrator of ACF, an employee of the United States government. Thereof, in order to properly serve th ese defts, an agency and employee of the United States, pltff must comply with the four steps set forth in FRCP 4(i). Accordingly, the Court withdraws its 22 Report and Recommendations and extends pltff's time to serve defts ACF and Higgins to 1/14/10. Should pltff fail to properly serve defts by 1/14/10, I will recommend that pltff's complaint should be dismissed as to defts ACF and Higgins pursuant to FRCP 4. (Ordered by Magistrate Judge Lois Bloom on 12/14/2009) c/m (Galeano, Sonia)
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Filing
22
REPORT AND RECOMMENDATIONS, Pltff's motion for default judgment against defts ACF and Higgins is denied as it is without basis and it is respectfully recommended that pltff's complaint should be dismissed as to defts ACF and Higgins without prejudice pursuant to Rule 4(m) of the FRCP. Objections to R&R due by 11/30/2009. (Ordered by Magistrate Judge Lois Bloom on 11/10/2009) c/m (Galeano, Sonia)
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