Brooks v. Educational Bus Transportation et al
| Dolly Brooks |
| Educational Bus Transportation and United Service Workers Union |
| 2:2014cv03237 |
| May 23, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Civil Rights: Jobs |
| 42:2000e Job Discrimination (Employment) |
| Plaintiff |
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Filing
72
ORDER: For the foregoing reasons (PLEASE SEE ORDER FOR FURTHER DETAILS), plaintiffs motion for reconsideration of the November 12, 2015 Order and final judgment against her is granted but, upon reconsideration, I adhere to my original determination t o (1) deny her applications for the entry of a default judgment against the Union; (2) grant the Unions application to dismiss plaintiffs claims against it pursuant to Rule 4(m) of the Federal Rules of Civil Procedure and dismiss plaintiffs claims ag ainst the Union in their entirety for her failure to effect service upon it; (3) overrule plaintiffs objections to the Report and accept the Report in its entirety; and (4) grant EBTs motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and dismiss plaintiffs claims against EBT in their entirety with prejudice. So Ordered by Judge Sandra J. Feuerstein on 7/6/2016. (c/m to pro se) (Ortiz, Grisel)
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Filing
67
ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that plaintiffs applications for the entry of a default judgment against the Union are denied; the Unions application to dismiss plaintiffs claims against it pursuant to Rule 4(m) of the Federal R ules of Civil Procedure is granted; plaintiffs claims against the Union are dismissed in their entirety pursuant to Rule 4(m) of the Federal Rules of Civil Procedure for plaintiffs failure to effect service upon it; plaintiffs objections to the Repor t are overruled; the Report is accepted in its entirety; and, for the reasons set forth therein, EBTs motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure is granted and plaintiffs claims against EBT are dismissed i n their entirety with prejudice. The Clerk of the Court shall enter judgment in accordance with this Order; close this case; and, pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, serve notice of entry of this Order upon plaintiff as provided in Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 11/12/2015. (Florio, Lisa)
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Filing
5
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that the application to proceed in forma pauperis is granted. See 28 U.S.C. § 1915. The Clerk of the Court is directed: (1) to forward to the United States Marshal for the Eastern District of New York copies of plaintiffs summonses, the complaint, the Notice of Hearing dated June 2, 2014 and this Order for service upon defts without prepayment of fees; and, (2) pursuant to Ru1e 77(d)(l) of the Federal Ru1es of Civ il Procedure, to serve notice of entry of this Order upon plaintiff as provided in Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 6/2/2014. (Florio, Lisa)
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