Karim v. United States of America et al
| Anwar M. Karim |
| United States of America and Thomas Vilsack |
| 3:2014cv00964 |
| August 1, 2014 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Otsego |
| Norman A. Mordue |
| Randolph F. Treece |
| Review or Appeal of Agency Decision |
| 05 U.S.C. ยง 702 Administrative Procedure Act - Right of Review |
| None |
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Filing
11
MEMORANDUM-DECISION and ORDER. ORDERED that Karim's cross claim, Dkt. No. 52, and his motion demanding certification, Dkt. No. 55, are DENIED and dismissed for lack of subject-matter jurisdiction; ORDERED that Karim's motion for declaratory judgment, Dkt. No. 73, is DENIED; ORDERED that all claims against the United States and U.S. Department of Agriculture in 8:13-cv-255, are dismissed for lack of subject-matter jurisdiction; and ORDERED that the United States' motion, Dkt. No. 7 5, to dismiss 3:14-cv-964, for lack of subject matter jurisdiction is GRANTED, and the case is dismissed in its entirety on the merits; ORDERED that Fountain's cross-motion, Dkt. No. 79, for partial summary judgment in 8:13-cv-255, is DENIED wit hout prejudice to an action in New York States courts; and any relief Fountain seeks against the United States in either 8:13-cv-255 or 3:14-cv-964 is DENIED with prejudice. ORDERED that the Clerk of the Court is directed to close both cases. Signed by Senior Judge Norman A. Mordue on 9/23/2015. (lah)
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Filing
10
DECISION and ORDER: ORDERED that the case docket 8:13-cv-255 and 3:14-cv-964 and a subsequent related petition to be filed by Answar Karim, shall be consolidated for purposes of dispositive motion practice. The lead case shall be 8:13-cv-255 and all dispositive motions shall be filed within that case docket; the consolidation for trial purposes is reserved and shall be decided by the District Judge; the Scheduling Order is amended as folllows:Karim shall amend his Answer in 8:13-cv-255 to add a cross-claim seeking a declaratory judgment by 9/10/2014; The United States shall file an Answer to Karim's cross-claim by 9/21/2014; Karim shall commence a petition, pursuant to FTCA, 28 USC 2679(d)(3) by 9/21/2014; The United States shall file a reply to the petition by 10/21/2014; The dispositive motion filing deadline is 12/11/2014; Oppositions to the dispositive motions shall be filed by 1/31/2015; Replies to the Oppositions shall be filed by 2/11/2015; and the motion shall be returnab le before Hon. Norman A. Mordue, Senior U.S. District Judge, on 2/18/2015. The motions shall be on submit unless otherwise directed. Amended Pleadings due by 9/10/2014. In addition, the United States shall file a status report regarding a possible deposition of a U.S. Attorney by 9/10/2014. Signed by Magistrate Judge Randolph F. Treece on 8/29/2014.(lah)
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