McCluskey v. Roberts et al
| Peter McCluskey |
| Samuel D. Roberts and Darla P. Oto |
| 2:2019cv02386 |
| April 24, 2019 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F Bianco |
| Arlene R Lindsay |
| Roslynn R Mauskopf |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
Docket Report
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ORDER terminating #11 Motion to Dismiss for failure to comply with the Court's Individual Rules and Motion Practices. Defendant shall file the fully briefed motion by July 15, 2019 as directed in the Court's May 23, 2019 Order setting the briefing schedule. Ordered by Judge Roslynn R. Mauskopf on 6/20/2019. (Taronji, Robert)
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| Filing 11 First MOTION to Dismiss for Failure to State a Claim by Darla P. Oto, Samuel D. Roberts. (Attachments: #1 Memorandum in Support Memo of Law, #2 Exhibit Memo of Law Exhibit 1, #3 Declaration A. Papaleo Declaration, #4 Exhibit Declaration Ex A, #5 Exhibit Declaration Ex B, #6 Exhibit Declaration Ex C, #7 Exhibit Declaration Ex D, #8 Exhibit Declaration Ex E, #9 Affidavit of Service Affidavit Service) (Falzarano, Antonella) |
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ORDER denying #9 Motion for Pre-motion Conference and setting a briefing schedule. A pre-motion conference is unnecessary in this pro se case. Defendants shall serve their motion to dismiss on plaintiff on or before 6/14/2019; plaintiff shall mail a copy of his response to the motion to defendants' attorney on or before 7/5/2019; and defendants shall serve their reply, if any, on plaintiff and electronically file the fully briefed motion with the Court (and mail courtesy copies to chambers) on or before 7/15/2019. The Clerk of Court is respectfully requested to mail a copy of this order to plaintiff. Ordered by Judge Roslynn R. Mauskopf on 5/23/2019. (Caspari, Alexander)
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| Filing 10 NOTICE of Appearance by Antonella Falzarano on behalf of Samuel D. Roberts (aty to be noticed) (Falzarano, Antonella) |
| Filing 9 First MOTION for pre motion conference by Darla P. Oto. (Falzarano, Antonella) |
| Case Reassigned to Judge Roslynn R. Mauskopf. Judge Joseph F. Bianco no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Corsini, Alexander) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Peter McCluskey. Darla P. Oto waiver sent on 5/7/2019, answer due 7/8/2019 and also request for copy of docket (Bollbach, Jean) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Darla P. Oto. Darla P. Oto waiver sent on 4/25/2019, answer due 6/24/2019. (Falzarano, Antonella) |
| Filing 6 NOTICE of Appearance by Antonella Falzarano on behalf of Darla P. Oto (aty to be noticed) (Falzarano, Antonella) |
| Filing 5 Letter from Pro Se Dept. to Peter McCluskey dated April 25, 2019 acknowledging receipt to the civil action. (Cubano, Jazmin) |
| Filing 4 Notice of Related Cases: 17-cv-5873-JFB-ARL, 12-cv-3852-JFB-ARL, 10-cv-2144-JFB-ETB and 99-cv-5184-LDW-VVP (Cox, Dwayne) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) |
| Filing 2 Summons Issued as to All Defendants. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Peter McCluskey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet) (Cox, Dwayne) |
| FILING FEE: $ 400.00, receipt number 27570 (Cox, Dwayne) |
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