Stair et al v. Calhoun et al
| Theodore Stair |
| Rory Calhoun, H. Linwood Gilbert, John Hanrahan and Robert E. Parella |
| Rory Calhoun, John Hanrahan and Robert E. Parella |
| Theodore Stair |
| 2:2012cv06121 |
| December 13, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| Gary R. Brown |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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Filing
93
ORDER granting [87, 89] Motions for Leave to Appeal in forma pauperis: For the reasons set forth in the attached Order, Plaintiff's Motions for Leave to Appeal In Forma Pauperis are granted. Ordered by Magistrate Judge Steven I. Locke on 11/16/2016. c/m to pro se Pltf and Dfts. (Cea, Christine)
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Filing
86
ORDER granting 82 Motion for Summary Judgment. For the reasons set forth in the attached Memorandum and Order, Defendant's motion for summary judgment is granted. Plaintiff's cross-motion for sanctions is denied. The Clerk of the Court is directed to close this case. Ordered by Magistrate Judge Steven I. Locke on 9/16/2016. (Cea, Christine)
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Filing
70
ORDER: SO ORDERED that plaintiffs request for an extension of time to serve Gilbert is denied and plaintiffs claims against Gilbert are dismissed in their entirety pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. H. Linwood Gilbert terminated. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 5/4/2015. (Florio, Lisa)
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Filing
69
ORDER denying 65 Motion for Leave to Appeal in forma pauperis. SO ORDERED that plaintiffs motion for leave to proceed on appeal in formapauperis is denied. Pursuant to Rule 24(a)(4) of the Federal Rules of Appellate Procedure, the Clerkof the Cour t shall serve notice of entry of this order upon all parties and immediately notify theUnited States Court of Appeals for the Second Circuit of this decision. Pursuant to Rule 24(a)(5) ofthe Federal Rules of Appellate Procedure, inter alia, plaintiff may file a motion for leave to proceedon appeal in forma pauperis in the United States Court of Appeals for the Second Circuit withinthirty (30) days after the Clerk of this Court serves notice of entry of this order upon him. CM to pro se plaintiff. CM to 2nd Circuit Court of Appeals via ecf/nef. Ordered by Judge Sandra J. Feuerstein on 5/1/2015. (Florio, Lisa)
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Filing
64
ORDER and ORDER TO SHOW CAUSE: SO ORDERED that For the reasons set forth herein, so much of the Report as (1) finds (a) that Parella and Hanrahan waived the defense of insufficient service of process for purposes of challenging plaintiffs attempt to invoke the protection of CPLR 205(a), (Report at 12), (b) that the correct termination date is July 10, 2012, the date judgment was entered [by the Clerk of the Court], (Report at 10), and (c) that the process servers affidavit of service established on its face that Parella was served within the sixty (60)-day limitations period prescribed by CPLR 205(a); and (2) recommends that Parellas motion for summary judgment be denied, are rejected, and the Report is otherwise accepted in its entirety. F or the reasons set forth herein and in the Report, (1) the branches of defts motion seeking dismissal of plaintiffs claims against Calhoun and Parella pursuant to Rule 56 of the Federal Rules of Civil Procedure are granted and plaintiffs claims again st Calhoun and Parella are dismissed in their entirety with prejudice as time barred, and defts motion is otherwise denied; and (2) plaintiff must show cause, by serving and filing an affidavit on or before April 30, 2015, why this action should not be dismissed against Gilbert for his failure to serve the summons and complaint upon him within the time prescribed by Rule 4(m) of the Federal Rules of Civil Procedure. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this Order and Order to Show Cause upon all parties as provided in Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket. CM to pro se parties. Ordered by Judge Sandra J. Feuerstein on 3/31/2015. (Florio, Lisa)
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