Maltese v. NYS Legislature et al
| Maryann Maltese |
| NYS Legislature, CUNY Queens College and Daniel Frisa |
| 1:2023cv04359 |
| June 13, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 Letter from Maryann Maltese dated 7/12/2023 re: Case and Evidences. (Attachments: #1 Evidence 1, #2 Evidence 2, #3 Evidence 3, #4 Evidence 4, #5 Evidence 5, #6 Evidence 6, #7 Evidence 7, #8 Evidence 8, #9 Evidence 9, #10 Evidence 10, #11 Evidence 11, #12 Evidence 12) (IH) |
| Filing 12 Letter from Maryann Maltese re: agency letters. (IH) |
| Filing 11 Letter from Maryann Maltese to Judge Kovner dated 7/6/2023 re: accepting evidences. (Attachments: #1 Evidence 1, #2 Evidence 2, #3 Evidence 3) (IH) |
| Filing 9 Notice of Related Cases: 23-cv-4940-RPK-LB and 23-cv-4566-RPK-LB The Case was directly assigned as a related Pro Se/Habeas Case. (DC) |
| Filing 10 Letter from Maryann Maltese re: Motion to accept exhibits. (IH) |
| Incorrect Case/Entry Information: Re 8 Motion To Accept the Exhibits; see dkt no. #5 in case no. 23cv4566-RPK-LB. (ML) |
| Filing 7 NOTICE filed by Maryann Maltese entitled Motion to Denies Dismissed. (w/encls.). (ML) |
| Filing 6 REPLY to Order to Show Cause filed by Maryann Maltese. (EG) |
ORDER TO SHOW CAUSE: Plaintiff is directed to show cause by 7/12/2023 why this action should not be dismissed for lack of jurisdiction. Federal courts may only decide lawsuits over which they have subject-matter jurisdiction. It is well-settled that the party asserting federal jurisdiction bears the burden of establishing jurisdiction. Platinum-Montaur Life Sciences, LLC v. Navidea Biopharmaceuticals, Inc., 943 F.3d 613, 616 (2d Cir. 2019) (citation omitted). Here, plaintiff seeks to invoke the Courts federal-question jurisdiction, Compl. 4 (Dkt. #1), which requires either that federal law creates the cause of action or that the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal law, Empire Healthchoice Assur., Inc. v. McVeigh, 547 U.S. 677, 690 (2006) (citations omitted). But even when liberally construed, the complaint does not appear to fall within either category. Plaintiff alleges that she was sexually assaulted while serving as an intern and student employee in the New York State Legislature in 1992. See Compl. 5. She brings claims under New Yorks Adult Survivors Act, the Public Officer Rules of the NYS Legislature, and Article 5 of the NYS Assembly Rules of Procedure. Id. at 4. These claims appear to arise under only New York law, rather than federal law. Plaintiff is therefore directed to show cause in writing by 7/12/2023 why this action should not be dismissed for lack of jurisdiction. Ordered by Judge Rachel P. Kovner on 6/21/2023. (Miyamoto, Matthew)
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| Filing 5 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. (SR) |
| Filing 4 SUMMONS Returned Executed by Maryann Maltese. All Defendants. (SR) |
| Filing 3 FILING FEE: $ 402.00, receipt number 200001819 (SR) |
| Filing 2 Summons Issued as to All Defendants. (SR) |
| Filing 1 COMPLAINT against All Defendants, filed by Maryann Maltese. (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (SR) |
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