Cappone v. Morrissey et al
| Ernesto Cappone |
| Michael Gallo, Kevin Kim, Liberty Merchant Group, Merchant Solutions Group, William Morrissey and World Business Lenders LLC |
| 1:2016cv07170 |
| December 29, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Peggy Kuo |
| Roslynn R. Mauskopf |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1964 Racketeering (RICO) Act |
| None |
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Filing
48
ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons set forth in the attached written Order, as to defendants Morrissey, Liberty Merchant Group, and Merchant Solutions Group, 1) the Clerk's entry of default is hereby vacated, 2) Cappone&# 039;s motion for default judgment is denied, 3) all RICO claims are dismissed without prejudice, and 4) the Court declines to exercise supplemental jurisdiction over all remaining state law claims. Further, Cappone is hereby order ed to file, by August 31, 2018, a stipulation of dismissal against defendant Kevin Kim, or otherwise show cause as to why all claims against Kim should not be dismissed for failure to prosecute, or for failure to state a claim for the reasons set for th in Judge Bulsara's R&R. Cappone's failure to comply with this Order will result in dismissal of all remaining claims for failure to prosecute. The imposition of any sanctions for Cappone's failure to comply with Judge Bulsa ra's order directing Cappone to file supplemental evidence on his motion for default judgment is left to the discretion of Judge Bulsara, but will be considered should this Court reach the issue of dismissal for failure to prosecute. The Clerk of Court is directed to mail a copy of this Order together with Judge Bulsara's Report and Recommendation to defendant Kevin Kim, and note the mailing on the docket. Ordered by Judge Roslynn R. Mauskopf on 8/24/2018. (Mauskopf, Roslynn)
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