Intellipayment, LLC v. Trimarco
| Intellipayment, LLC |
| Michael C. Trimarco |
| Baclays Capital Inc., CJM Investments, Mickey Cavuoti, Hull Street Group, John Does 1-20, Fred Meltzer, Meltzer LLP, Christopher Meyers, Pepper Hamilton LLP and Eric Schlanger |
| Intellipayment, LLC |
| Michael C. Trimarco |
| Michael C. Trimarco |
| 2:2015cv01566 |
| March 25, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Arthur D. Spatt |
| Other Statutory Actions |
| STORED WIRE AND ELECTRONIC COMMUNICATIONS |
| Plaintiff |
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Filing
59
ORDER - Before the Court is a Report and Recommendation dated June 13, 2017 (the "R&R") from Magistrate Judge Gary Brown recommending that the Court dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41 (b). (Electronic Order dated 6/13/2017.) The R&R instructed that any objections be submitted within fourteen days of the order. The date for filing any objections has since expired, and plaintiff has not filed any objection to the R&R. For the reason s set forth below, the Court adopts the R&R in its entirety and dismisses plaintiffs complaint. Plaintiffs failure to retain new counsel or to. otherwise communicate with the Court is prejudicial to defendants, who bear the costs and burdens of havin g this open civil litigation, and also contributes to calendar congestion. In short, having conducted a review of the full record and the applicable law, and having reviewed the R&R de novo, the Court adopts the analysis and recommendation contained in the R&R in their entirety. The Court dismisses this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of the Court shall close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Joseph F. Bianco on 8/17/17. (Coleman, Laurie)
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Filing
57
ORDER granting 38 Motion to Dismiss; granting 41 Motion to Dismiss; granting 42 Motion to Dismiss; granting 46 Motion to Dismiss; granting 47 Motion to Dismiss for Failure to State a Claim; denying 14 Motion to Disqualify Counsel. For the reasons set forth herein, plaintiff's motion to dismiss the counter-claim is granted. However, the Court grants defendant leave to amend his counter-claim against plaintiff. The moving third-party defendants' motions to dismiss are granted without prejudice to defendant bringing the claims in a separate action. Defendant's motion to disqualify is denied. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/29/2016. (Shea, Zoe)
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