Mosca v. The City of New York et al
| Vincent Mosca |
| Francesco Colavito, MXL LLC, Tapped 1010 Inc., The City of New York and The New York City Police Department |
| Francesco Colavito |
| MXL LLC, Tapped 1010 Inc., The City of New York and The New York City Police Department |
| 2:2017cv04327 |
| July 21, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Steven I. Locke |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
127
ORDER granting DE 125 Motion to Sever; terminating DE 115 Motion for Judgment on the Pleadings. For the reasons set forth in the attached Memorandum and Order, the Court severs Francesco Colavito's Crossclaims against the City of New York. To that end, the Clerk of the Court is directed to: (i) terminate the City as a party to the instant action; (ii) open a new civil action, with Colavito as the plaintiff and the City as the defendant (this new matter should be marked related t o the instant action, and any filing fees are hereby waived); and (iii) file DE 86 as the initiating document in the new action (while keeping a copy filed on the instant docket), with DE 97 as the Answer. As a result, the City's pending Motion for Judgment on the Pleadings, DE 115 , is hereby terminated, and the City is directed to refile the fully briefed motion once the new civil docket becomes active. Finally, insofar as the severance presents issues regarding subject matter jurisdiction, the parties should brief those as part of any newly filed motion for judgment on the pleadings. Ordered by Magistrate Judge Steven I. Locke on 10/30/2019. (Kantor, Jesse)
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Filing
109
ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth above, Colavito's objections are sustained; plaintiff's objections are overruled; so much of the Report as recommends that the City be dismissed as a cross-defendant in t his litigation and finds that "the failure of Plaintiff's Section 1983 cause of action [against the City] would divest this Court of subject matter jurisdiction," (Report at 20, n.9), is rejected, and the Report is otherwise accepted in its entirety. For the reasons set forth in the Report, the City's motion to dismiss the crossclaims asserted against it by Tapped in its answer to the first amended complaint, (DE 70 ), is denied as moot; the City's motions to dismiss p laintiff's claims against it and the crossclaims asserted against it in Tapped's answer to the SAC, (DE 92 and 99 , respectively), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure are granted; and plaintiff's claims and Tapped's crossclaims against the City are dismissed in their entirety with prejudice. In light of this determination, the stay of discovery granted pursuant to this Court's order dated 6/25/2018 is vacated; all discovery shall be compl eted by no later than 8/26/2019; and the pretrial conference scheduled to be held before the undersigned on 5/1/2019 is adjourned to 9/16/2019 at 11:15Am in Courtroom 1010 at the Central Islip Courthouse. SO Ordered by Judge Sandra J. Feuerstein on 2/25/2019. (Tirado, Chelsea)
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Filing
60
ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth herein, plaintiff's objections are overruled, the Report is accepted in its entirety and, for the reasons set forth in the Report, the Municipal Defendants' motion to dis miss is granted to the extent set forth therein; plaintiff's claims against the City are dismissed in their entirety without prejudice; and plaintiff is granted leave to serve and file a second amended complaint to re-plead his claims against th e City by no later than 6/18/2018, or he will be deemed to have waived his right to file a second amended complaint and his claims against the City will be dismissed in their entirety with prejudice. The Clerk of the Court shall amend the caption of this action to remove the NYPD as a defendant. SO Ordered by Judge Sandra J. Feuerstein on 5/18/2018. (Tirado, Chelsea)
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