Storms et al v. Veterans of Foreign Wars of the United States et al
||Police Officer John Hamilton, John/Jane Does 1-100, Art Kock, Michael Pascal, Kevin Secor, Eric K. Shinseki, Maura Sullivan, William A. Thien, Veterans of Foreign Wars of the United States, Inc. and Robert Wallace
||Veterans of Foreign Wars of the United States Department of New York, Inc
||February 28, 2015
||US District Court for the Eastern District of New York
||Eric N. Vitaliano
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||28 U.S.C. § 1331 Federal Question: Bivens Act
|Jury Demanded By:
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|November 1, 2016
MEMORANDUM & ORDER re 48 , 51 and 54 Motions to Dismiss. For the foregoing reasons, the defendants' motions to dismiss are granted in their entirety. Plaintiff's causes of action against General Shinseki, Sullivan, and Seco r are dismissed without prejudice for lack of personal jurisdiction. His claims against the VFW, Thien, Hamilton, Wallace, the VFW-NY, Pascal, Koch, and the United States are dismissed with prejudice for failure to state a claim on which relief may be granted. The Clerk of Court is directed to enter judgment accordingly and to close this case. So Ordered by Judge Eric N. Vitaliano on 10/28/2016. (fwd'd for jgm) (Lee, Tiffeny)
|January 6, 2016
MEMORANDUM AND ORDER, For the foregoing reasons, the substitution of the United States for defts General Shinseki and Kevin Secor in relation to pltff's tort claims was proper, the substitution of the United States for deft Maura Sullivan in rel ation to pltff's tort claims was improper, and, therefore, pltff's objection to the certification by the Attorney General is sustained but only to the extent that substitution of the United States in the stead of Maura Sullivan is vacated, and Maura Sullivan is reinstated as the named deft for those claims. Should the parties wish to revise, in light of this decision, the papers served but not yet filed on the motions to dismiss, which may be treated as a motion for summary judgment un der Rule 12(d), defts may do so not later than 14 days after this Order is entered on the docket. Pltff shall have 14 days after defts serve their revised papers, or after the time to do so has expired, in which to serve any revisions to his papers. (Ordered by Judge Eric N. Vitaliano on 1/6/2016) (Galeano, Sonia)
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