Maitland et al v. Lunn et al
| Edson Maitland and Jr Edson Maitland |
| Fawn - Nita Lunn, Nassau County Social Services and Town of Hempstead, NY |
| 2:2014cv05938 |
| October 6, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| A. Kathleen Tomlinson |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
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Filing
130
AMENDED ORDER Re: 129 Order; For the foregoing reasons, and in light of multiple extensions of time, assistance from the Court, and the USMS's unsuccessful service attempt, the case is DISMISSED as to Defendant Lunn WITHOUT PREJUDICE. The re are no remaining Defendants. Given Plaintiffs' pro se status, 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 pu rposes of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). The Clerk of the Court is directed to mark this case CLOSED and mail a copy of this Order to the pro se Plaintiffs. So Ordered by Judge Joanna Seybert on 11/12/2019. C/M (Valle, Christine)
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Filing
106
ORDER granting, in part, 79 Motion to Compel; granting in part and denying in part 84 Motion to Continue. SEE ATTACHED ORDER for details. Counsel for the Defendant Town of Hempstead is directed to serve a copy of this Order on the pro se Plaintiffs forthwith by first-class mail and email, if feasible, and to file proof of such service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/19/2018. (McCuiston, Hannah)
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Filing
62
MEMORANDUM & ORDER denying 59 Motion for Reconsideration; Plaintiffs' motion for reconsideration (Docket Entry 59) is DENIED, but the Court GRANTS Plaintiffs leave to file an amended complaint to satisfy the $75,000 amount-in-controvers y requirement in accordance with this Memorandum & Order. Plaintiffs' remaining claims are as follows: (1) breach of contract against Nassau County and the Town of Hempstead and (2) unjust enrichment against Nassau County. Any Amended Complaint shall be filed within thirty (30) days from the date of this Order. The Court also GRANTS Plaintiffs' leave to renew their motion to compel unredacted documents. If an amended complaint is filed, Plaintiffs may coordinate discovery matters wi th Judge Tomlinson's Chambers. Given Plaintiffs' pro se status, the Court certifies that any appeal of this Order would not be taken in good faith, and thus in forma pauperis status is DENIED for the purposes of any appeal. The Clerk of th e Court is directed to amend the caption to substitute Nassau County as a defendant in place of Nassau County Social Services. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to pro se Plaintiffs Edson Maitland and Edson Maitland, Jr. So Ordered by Judge Joanna Seybert on 3/21/2017. C/M; C/ECF (Valle, Christine)
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Filing
58
MEMORANDUM & ORDER finding as moot 52 Motion for Sanctions; finding as moot 53 Motion to Compel; granting 24 Motion to Dismiss for Failure to State a Claim; granting 24 Motion to Dismiss for Lack of Jurisdiction; Defendant Town of Hemps tead's motion to dismiss the Complaint is GRANTED (Docket Entry 24), and Plaintiffs' claims against the Town are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. For that same reason, Plaintiffs' claims against Defe ndant Nassau County Social Service are sua sponte DISMISSED WITHOUT PREJUDICE. Plaintiffs' outstanding motions are now DISMISSED AS MOOT. (Docket Entries 52, 53.) The Clerk of the Court is directed to mark this matter CLOSED and to mail a copy of this Order to Plaintiffs Edson Maitland and Edson Maitland, Jr. So Ordered by Judge Joanna Seybert on 3/4/2016. C/M; C/ECF (Valle, Christine)
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