Thomas et al v. Venditto et al
| Darren E. Thomas and Marlene Thomas |
| Leonard Genova, Christopher Gioia, Frederick P. Ippolito, Town of Oyster Bay and John Venditto |
| 2:2011cv06084 |
| December 15, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| E. Thomas Boyle |
| Leonard D. Wexler |
| Civil Rights: Accomodations |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
193
Order Granting 183 Motion for Summary Judgment. For the reasons set forth in the attached order, the Court DISMISSES Plaintiffs' due process claim, which is not ripe for adjudication, GRANTS Defendants' motion for summary judgment and di smisses all of Plaintiffs' federal claims, declines to exercise supplemental jurisdiction over Plaintiffs' state law claims and DISMISSES those claims, and DENIES Plaintiffs' motions to disqualify Defendants' attorney and to amend their complaint. The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge Hector Gonzalez on 9/29/2023. (ICP)
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Filing
120
MEMORANDUM OF DECISION & ORDER: For the foregoing reasons, the Court denies as moot the 84 reconsideration motion, and denies, without prejudice to renewal, the 93 motion to disqualify counsel. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 2/26/2020. (Coleman, Laurie)
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Filing
70
MEMORANDUM & ORDER denying 33 Motion to Amend/Correct/Supplement; granting in part and denying in part 39 Motion to Dismiss for Failure to State a Claim. For the foregoing reasons, it is hereby ORDERED that: Defendants' motion to dismi ss is GRANTED IN PART and DENIED IN PART. Plaintiffs' due process claims against all Defendants, and Plaintiffs' equal protection claims against the Town and Venditto, Genova, and Ippolito in their individual capacities are DISMISSED WITHOU T PREJUDICE, and the claims against Gioia, Venditto, Genova, and Ippolito in their official capacities are DISMISSED WITH PREJUDICE. The only claims remaining in the Complaint are Plaintiffs' equal protection and state law claims against Gioia i n his individual capacity. These remaining claims are STAYED, pending resolution of the criminal court action. Plaintiffs' motion to amend is DENIED with leave to renew if the stay is lifted. The Court's prior Order consolidating this action is VACATED, and the Petition (12-CV-0065) is sua sponte REMANDED to state court because this Court lacks jurisdiction to grant the relief Mr. Thomas seeks. The Clerk of the Court is directed to remand case number 12-CV-0065 to Nassau County Supreme Court. So Ordered by Judge Joanna Seybert on 2/21/2013. C/ECF Associated Cases: 2:11-cv-06084-JS-ETB, 2:12-cv-00065-JS-ETB (Valle, Christine)
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Filing
68
ORDER denying (63) Motion for Discovery in case 2:11-cv-06084-JS-ETB; denying (10) Motion for Discovery in case 2:12-cv-00065-JS-ETB: Defendants' requests for reasonable attorney's fees and costs, pursuant to Local Civil Rule 30.1, are denied, without prejudice to renewal upon completion of the depositions. So Ordered by Magistrate Judge E. Thomas Boyle on 12/10/2012. Associated Cases: 2:11-cv-06084-JS-ETB, 2:12-cv-00065-JS-ETB (Minerva, Deanna)
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Filing
57
ORDER re (8 in 2:12-cv-00065-JS-ETB, 55 in 2:11-cv-06084-JS-ETB) Letter filed by Darren E. Thomas, Marlene Thomas: Plaintiffs' request for an extension of discovery is granted in part and denied in part. The plaintiffs have failed to make a ny showing of manifest injustice to justify extending discovery beyond the 120 days set forth in the Order dated December 21, 2011. Accordingly, disocvery is extended to December 1, 2012 - another sixty days. In all other respects, the application is denied. So Ordered by Magistrate Judge E. Thomas Boyle on 10/10/2012. Associated Cases: 2:11-cv-06084-JS-ETB, 2:12-cv-00065-JS-ETB (Minerva, Deanna)
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