Veronko v. Suffolk County et al
| Jay Veronko |
| Suffolk County, Suffolk County Police Department, New York State Comptroller, The Suffolk County Police Department and Office of the New York State Comptroller |
| 2:2021cv05081 |
| September 13, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 Request for Refund of Fees Paid Electronically approved for reimbursement by Michael J. Kramer, Chief Deputy Clerk, on 10/14/2021. |
| Filing 13 MOTION to Compel the Court to refund $402 filing fee by Jay Veronko. (Tirado, Chelsea) |
| Civil Case Terminated, see #12 Memorandum of Decision & Order. (Tirado, Chelsea) |
Filing 12
ORDER DISMISSING CASE - Thus, the case is dismissed, without prejudice to refiling in state court. The Clerk is directed to close this case. SO Ordered by Judge Gary R. Brown on 9/22/2021. (Tirado, Chelsea)
|
| Filing 11 Letter Motion for Reconsideration Per Judge's OSC (2nd Letter) by Jay Veronko (Negron, Raymond) Modified original letter entry into a motion on 9/17/2021 (Jakubowski, Laura). |
|
ORDER OF DISMISSAL AND SUPPLEMENTAL SHOW CAUSE ORDER In light of counsels response to the Courts Show Cause Order concerning whether the Police Department is an entity subject to suit, counsel has cited a single case which does not, even remotely, support the notion that the Police Department is subject to suit. Thus, the claims against the Police Department are DISMISSED. Concerning the balance of the case, however, which asserts USERRA claims, the Court is, or course, required to examine its subject matter jurisdiction, even sua sponte. Therefore, based upon the authority provided, counsel for plaintiff is directed to SHOW CAUSE why this case should not be dismissed for lack of subject matter jurisdiction in light of the Second Circuits holding in Cresci v. Mohawk Valley Cmty. Coll., 693 F. App'x 21, 23 (2d Cir. 2017) (lawsuits brought under USERRA by an individual against a state agency... may not proceed in federal courts; they may be litigated only in state courts.). Counsel will provide a response on or before Monday, September 20, 2021. Ordered by Judge Gary R. Brown on 9/16/2021. (Brown, Gary)
|
| Filing 10 Letter To Court per OSC 9/15/2021 by Jay Veronko (Attachments: #1 Exhibit A- Email Order from HON Tiscione, MJ) (Negron, Raymond) |
| Filing 9 SUMMONS Returned Executed by Jay Veronko. Suffolk County served on 9/15/2021, answer due 10/6/2021; The Suffolk County Police Department served on 9/15/2021, answer due 10/6/2021. (Negron, Raymond) |
| Filing 8 SUMMONS Returned Executed by Jay Veronko. Office of the New York State Comptroller served on 9/15/2021, answer due 10/6/2021. (Negron, Raymond) |
|
ORDER TO SHOW CAUSE. In order to avoid unnecessary motion practice and litigation costs, plaintiff's counsel is to SHOW CAUSE whether there is authority to support the contention that the Suffolk County Police Department and the New York State Comptroller's Office constitute entities subject to suit and, if not, whether the complaint should be discontinued against those entities. Plaintiff is to file a letter within five days of the date of this order. Ordered by Judge Gary R. Brown on 9/15/2021. (Brown, Gary)
|
| Filing 7 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Rodin, Deanna) |
| Filing 6 Summons Issued as to All Defendants. (Attachments: #1 Summons) (Rodin, Deanna) |
| Filing 5 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. (Rodin, Deanna) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. 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. (Rodin, Deanna) |
| Incorrect Document Entry Information. Defendants were added to the case incorrectly; docket entry 1 was deleted and re-entered against corrected defendants. (Rodin, Deanna) |
| Filing 1 COMPLAINT against All Defendants, Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by Jay Veronko. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rodin, Deanna) Modified on 9/14/2021 (Rodin, Deanna). |
| FILING FEE: $402, receipt number CNYEDC-14829341 (Rodin, Deanna) |
| Filing 2 Proposed Summons. by Jay Veronko (Negron, Raymond) |
| Filing 1 COMPLAINT Jay Veronko against All Defendants filing fee $ 402, receipt number CNYEDC-14829341 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Jay Veronko. (Attachments: #1 Civil Cover Sheet CCS Veronko, #2 Proposed Summons PropSmz Veronko) (Negron, Raymond) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
