Barbetta v. Memorial Sloan Kettering Cancer Center
| Consuelo Barbetta |
| Memorial Sloan Kettering Cancer Center |
| 1:2018cv06030 |
| October 25, 2018 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| William F Kuntz |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 12 CLERK'S JUDGMENT: ORDERED and ADJUDGED that pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure, the complaint is dismissed without prejudice for lack of subject matter jurisdiction; that pursuant to 28 U.S.C. 1915(a)(3), any appeal would not be taken in good faith; and that in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438,444-45 (1962). Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 12/17/2018. (Tavarez, Jennifer) |
Filing 11
MEMORANDUM & ORDER: the Complaint is dismissed without prejudice for lack of subject matter jurisdiction pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure because Plaintiff fails to state a claim that would confer jurisdiction upon this Court pursuant to its federal question or diversity jurisdiction. The dismissal is without prejudice to any state law claims Plaintiff may have in state court. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438,444-45 (1962). SO Ordered by Judge William F. Kuntz, II on 12/14/2018. (Ramesar, Thameera)
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| Filing 10 Letter dated 12/8/2018 to the U.S. District Court from Consuelo Marie Barbetta informing the Court of the cases she no longer plans to pursue. (See letter for details) (Tavarez, Jennifer) |
| Filing 9 Letter dated 11/27/2018 to U.S. District Court from Consuelo Marie Barbetta informing the Court that she will no longer be pursuing this matter against Defendant. (See letter for details) (Tavarez, Jennifer) |
| Filing 7 Notice of Related Cases: 18-cv-6029-BMC-SJB, 18-cv-6703-JFB-AKT, 18-cv-6293-JFB- AKT and 18-cv-6294-BMC-SJB (Cox, Dwayne) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Consuelo Barbetta. (Tavarez, Jennifer) |
| Filing 6 Notice of Related Cases: 18-cv-6029-BMC-SJB, 18-cv-6702-JFB-AKT, 18-cv-6293-JFB- AKT and 18-cv-6294-BMC-SJB (Cox, Dwayne) |
| Filing 5 Notice of Related Cases: 18-cv-6029-BMC-SJB, 18-cv-6701-JFB-AKT, 18-cv-6293-JFB- AKT and 18-cv-6294-BMC-SJB (Cox, Dwayne) |
| Filing 4 Notice of Related Cases: 18-cv-6029-BMC-SJB, 18-cv-6652-JFB-AKT, 18-cv-6293-JFB- AKT and 18-cv-6294-BMC-SJB (Cox, Dwayne) |
| Filing 3 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Documents mailed to pro se party on 11/13/2018. (Tavarez, Jennifer) |
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ORDER REASSIGNING CASE. Case reassigned to Judge William F. Kuntz, II for all further proceedings. Judge Brian M. Cogan no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Dora Lizette Irizarry on 10/30/2018. (Davis, Kimberly)
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| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Memorial Sloan Kettering Cancer Center, filed by Consuelo Barbetta. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) (Main Document 1 replaced on 10/30/2018) (Bowens, Priscilla). |
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| Defendant: Memorial Sloan Kettering Cancer Center | |
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| Plaintiff: Consuelo Barbetta | |
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