Ceparano v. United States of America, et al
2:2010cv00728 |
February 18, 2010 |
US District Court for the Eastern District of New York |
Central Islip Office |
Arlene R. Lindsay |
Joanna Seybert |
Real Property: Other |
28 U.S.C. ยง 1331 Fed. Question |
None |
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Filing 38 ORDER - The Court modifies Judge Lindsays Report and Recommendation in that it adopts the recommendation to deny the motion for default judgment, but not because the Plaintiff has indicated that she cannot support her request for relief at this time. Rather, the Plaintiffs motion for a default judgment as against Wells Fargo and Pinkowski is denied because it appears that she is not entitled to relief against these two Defendants, as a matter of law. Thus, the claims by the Plaintiff against the Defendants Wells Fargo and Pinkowski are dismissed, and the Clerk of the Court is directed to mark this case as closed. Ordered by Judge Arthur D. Spatt on 6/19/2012. (Coleman, Laurie) |
Filing 19 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that the Governments 13 motion to dismiss for failure to state a claim is granted without prejudice to the plaintiffs right, within twenty days of the date of this Order, to amend her complain t to assert an action against the Government to quiet title on grounds unrelated to statutes of limitations; and it is further ORDERED that the plaintiffs motion for summary judgment, to the extent that such a motion was made, is denied; and it is fu rther ORDERED that the defendant Tom Pinkowskis motion to dismiss, to the extent that such a motion was made, is denied; and it is further ORDERED that the Clerk of the Court is respectfully requested to amend the caption in this case to read as follows: (see "Decision for further details"). Ordered by Senior Judge Arthur D. Spatt on 7/21/2011. (Coleman, Laurie) |
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