Bartone v. Podbela

Bartone v. Podbela

Plaintiff:	Paul Bartone
Defendant:	Joseph Podbela
Case Number:	2:2017cv03039
Filed:	May 19, 2017
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Gary R. Brown
Presiding Judge:	Arthur D. Spatt
Nature of Suit:	Personal Property: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Property Damage
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 23, 2018	Filing 15 Electronic ORDER granting 14 Plaintiff's Motion to Amend/Correct/Supplement. The Court accordingly grants the Plaintiff's unopposed motion to amend the Court's January 29, 2018 order. The Court's decision and order has been amended to reflect the Plaintiff's requested modification. The Clerk of the Court is respectfully directed to close the case. So Ordered by Judge Arthur D. Spatt on 2/23/2018. (Fell, Christopher)
January 29, 2018	Filing 13 MEMORANDUM OF DECISION AND ORDER: For the foregoing reasons, the Defendants 8 motion to dismiss the complaint pursuant to Rule 12(b)(1) is granted because the Plaintiff does not have standing to pursue his claims. The Plaintiffs claims are dismis sed without prejudice, and the Plaintiff is granted leave to refile in the event that the Surrogates Court either 1) finds that the Plaintiff is a beneficiary of the Decedents estate, or 2) names him executor or administrator of the estate. If eithe r of those conditions is satisfied, the Plaintiff must bring this claim on behalf of the estate of the Decedent. The Clerk of the Court is respectfully directed to close the case. SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 1/29/2018. (Coleman, Laurie)

Date Filed

Document Text

February 23, 2018

Filing 15 Electronic ORDER granting 14 Plaintiff's Motion to Amend/Correct/Supplement. The Court accordingly grants the Plaintiff's unopposed motion to amend the Court's January 29, 2018 order. The Court's decision and order has been amended to reflect the Plaintiff's requested modification. The Clerk of the Court is respectfully directed to close the case. So Ordered by Judge Arthur D. Spatt on 2/23/2018. (Fell, Christopher)

January 29, 2018

Filing 13 MEMORANDUM OF DECISION AND ORDER: For the foregoing reasons, the Defendants 8 motion to dismiss the complaint pursuant to Rule 12(b)(1) is granted because the Plaintiff does not have standing to pursue his claims. The Plaintiffs claims are dismis sed without prejudice, and the Plaintiff is granted leave to refile in the event that the Surrogates Court either 1) finds that the Plaintiff is a beneficiary of the Decedents estate, or 2) names him executor or administrator of the estate. If eithe r of those conditions is satisfied, the Plaintiff must bring this claim on behalf of the estate of the Decedent. The Clerk of the Court is respectfully directed to close the case. SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 1/29/2018. (Coleman, Laurie)

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Plaintiff: Paul Bartone
Represented By:	Amy Jane Agnew
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Defendant: Joseph Podbela
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