Nunez et al v. Cuomo
| Herbert Reed, Troy Booth, Steven Dorsey, Nicholas Nunez, Evangeline Phillips, Cheryl Ports-Kelley, Rameses Rodriguez and Jose Sanches |
| Andrew Cuomo |
| 1:2011cv03457 |
| July 18, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Dora Lizette Irizarry |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
50
ORDER GRANTING IN PART AND DENYING IN PART 38 Motion to Dismiss for Failure to State a Claim - For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Defendants' motion to dismiss Plaintiffs' first, second, third, fifth and sixth claims are granted in their entirety. Defendants' motion to dismiss Plaintiffs' retaliation claim is granted in part, but denied only as to that portion of the claim contending that Defendants held informational meetings to discuss the consequence of the prison closure at upstate facilities, but held no similar meetings with Arthur Kill staff, resulting in Plaintiffs being subjected to involuntary transfers without being provided the appropriate information in advance. However, keeping the mandates of Federal Rule of Civil Procedure 11 in mind, Plaintiffs are strongly urged to reassess this remaining claim and either file a letter withdrawing it, if there is no good faith basis for continuing to assert it, or file a sworn declaration setting forth sworn allegations of fact in support of this claim, NO LATER THAN August 13, 2012. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THE CLAIM AND THE IMPOSITION OF SANCTIONS. SO ORDERED.. Ordered by Judge Dora Lizette Irizarry on 8/7/2012. (Irizarry, Dora)
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Filing
30
ORDER denying 5 Motion for TRO; denying 6 Motion for TRO; denying 7 Motion for TRO; denying 8 Motion for TRO; denying 9 Motion for TRO; denying 10 Motion for TRO; denying 11 Motion for TRO; denying 12 Motion for TRO -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, plaintiffs' motions for the issuance of a Temporary Restraining Order is DENIED. As also set forth in the Attached Written Memorandum and Order, an Amended Complaint or Amended Co mplaints (with requisite filing fees) must be properly filed and served on or before September 6, 2011. This matter is referred to the Hon. Lois Bloom, U.S.M.J., for pretrial supervision. SO ORDERED by Judge Dora Lizette Irizarry on 8/24/2011. (Irizarry, Dora)
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