Italiano v. Greater Syracuse Property Development Corporation et al
| Joseph Italiano |
| Greater Syracuse Property Development Corporation and Home Headquarters, Inc |
| 5:2024cv00006 |
| January 2, 2024 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| Real Property: Other |
| None |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 28 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals regarding #27 Notice of Appeal. (mmg). |
| Filing 27 NOTICE OF APPEAL filed by Joseph Italiano as to the # 19 Text Order dated 1/25/2024 and the #20 Judgment. Filing fee $605, receipt number 500001472. (mmg). |
Filing 26
TEXT ORDER: Court notes this matter was dismissed (Dkt. No. 19 , #20 ) by District Judge Suddaby. However, plaintiff has continued to file documents (Dkt. Nos. #21 , #22 , #23 , #25 ) which the Court will not consider because the case is dismissed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/7/2024. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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| Filing 25 Letter from Joseph Italiano requesting to replace page 7 of the #18 Supporting Affidavit, with the enclosed that is EXHIBIT C. (mmg). |
| Filing 24 Certified Mail Returned as Undeliverable marked as "REFUSED". re:# 19 Text Order and #20 Judgment. Sent to Joseph Italiano at 1115 East Colvin Street Syracuse, NY 13210. Clerk notes that both documents were also sent by regular mail. (mmg). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #21 Letter/Notice titled Real Property Evidence. Affidavit of Service removed and re-docketed as docket #22 as it was filed with docket entry #21 in error. (mmg). |
| Filing 23 AFFIDAVIT of Service for docket #21 Letter/Notice titled Real Property Evidence served on Defendants on 1/26/2024, filed by Joseph Italiano. (mmg). |
| Filing 22 AFFIDAVIT of Service for #18 Supporting Affidavit served on Defendants on 1/19/2024, filed by Joseph Italiano. (mmg). |
| Filing 21 Letter/Notice titled Real Property Evidence from Joseph Italiano Pro Se. (Attachments: #(1) Notice of Correction with attached pages.) Modified on 1/29/2024. Affidavit of Service removed and re-docketed as it was filed with this docket entry in error. (mmg). |
| Filing 20 JUDGMENT that, pursuant to the Text Order (Dkt. No. 19 ) issued on January 25, 2024 by the Honorable Glenn T. Suddaby, Plaintiff's motion for Temporary Restraining Order and motion for a Preliminary Injunction (Dkt. No. #4 ) is DENIED as unsupported by a showing of cause, and Plaintiffs Complaint (Dkt. No. #1 ) is DISMISSED without prejudice to refiling in state court, for each of the two alternative reasons stated by Defendant Greater Syracuse Property Development Corporation ("Land Bank") in their Response (Dkt. No. #12 ). First, the Court lacks subject-matter jurisdiction over Plaintiff's Complaint. (Dkt. No. #12 , at 3-4.) Although Plaintiff attempts to frame his factual allegations as supporting a due process claim under the Fifth Amendment, at most they support a mere state court clam arising from a housing dispute between himself and Defendants. (Compare Dkt. No. #1 , at 5-22 [Compl.] and Dkt. No. #4 , Attach. 1, at 2-15 [Plf.'s Decl.] with Dkt. No. #12 , Attach. 1-23 [Def. Land Bank's Declarations and Exhibits].) Moreover, Plaintiff is necessarily inviting a review of a Syracuse City Court Judgment of December 22, 2023, triggering the Rooker-Feldman doctrine. (Dkt. No. #12 , at 3-4.) Second, even if the Court had subject-matter jurisdiction over Plaintiff's Complaint, it declines to adjudicate this action based on a careful weighing of the factors governing the Colorado River abstention doctrine, because adjudicating this action would result in the contemporaneous exercise of concurrent jurisdiction by state and federal courts. (Id. at 4-6.) Because theprimary ground of this dismissal is a lack of subject-matter jurisdiction, the Court alsodismisses without prejudice Plaintiff's claims against Defendant Home Headquarters, even though that defendant has not yet appeared and opposed his motion. Fed. R.Civ. P. 12(h)(3). The Clerk shall enter judgment accordingly and close this case. All of the above pursuant to the Text Order dated January 25, 2024 issued by the Honorable Glenn T. Suddaby. Dkt. No. 19 . (Copy served upon plaintiff via regular and certified mail) (sal) |
| Filing 19 TEXT ORDER denying #4 Plaintiff's motion for Temporary Restraining Order and motion for a Preliminary Injunction as unsupported by a showing of cause, and DISMISSING his Complaint (Dkt. No. #1 ) without prejudice to refiling in state court, for each of the two alternative reasons stated by Defendant Greater Syracuse Property Development Corporation ("Land Bank") in their Response (Dkt. No. #12 ). First, the Court lacks subject-matter jurisdiction over Plaintiff's Complaint. (Dkt. No. #12 , at 3-4.) Although Plaintiff attempts to frame his factual allegations as supporting a due process claim under the Fifth Amendment, at most they support a mere state court clam arising from a housing dispute between himself and Defendants. (Compare Dkt. No. #1 , at 5-22 [Compl.] and Dkt. No. #4 , Attach. 1, at 2-15 [Plf.'s Decl.] with Dkt. No. #12 , Attach. 1-23 [Def. Land Bank's Declarations and Exhibits].) Moreover, Plaintiff is necessarily inviting a review of a Syracuse City Court Judgment of December 22, 2023, triggering the Rooker-Feldman doctrine. (Dkt. No. #12 , at 3-4.) Second, even if the Court had subject-matter jurisdiction over Plaintiff's Complaint, it declines to adjudicate this action based on a careful weighing of the factors governing the Colorado River abstention doctrine, because adjudicating this action would result in the contemporaneous exercise of concurrent jurisdiction by state and federal courts. (Id. at 4-6.) Because the primary ground of this dismissal is a lack of subject-matter jurisdiction, the Court also dismisses without prejudice Plaintiff's claims against Defendant Home Headquarters, even though that defendant has not yet appeared and opposed his motion. Fed. R. Civ. P. 12(h)(3). SO ORDERED by U.S. District Judge Glenn T Suddaby on 1/25/2024. (Copy served upon Plaintiff via regular and certified mail) (sal ) |
| Filing 18 Supporting Affidavit from Joseph Italiano. (Attachments: #1 Affidavit of Service)(mmg). Modified on 2/6/2024 to read correct document name. (mmg). |
| Filing 17 Letter from Joseph Italiano, events Nov 16th-27th 2023 Affidavit. (mmg). |
| Filing 16 Letter from Joseph Italiano. (Attachments: #1 Affidavit of Service by mail)(mmg). |
| Filing 15 CERTIFICATE OF SERVICE by Greater Syracuse Property Development Corporation re #12 Response to Order to Show Cause,, (Nardozza, Amanda) |
| Filing 14 CERTIFICATE OF SERVICE by Greater Syracuse Property Development Corporation Corrected (Nardozza, Amanda) |
| Filing 13 CERTIFICATE OF SERVICE by Greater Syracuse Property Development Corporation re #12 Response to Order to Show Cause,, (Nardozza, Amanda) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE filed by Greater Syracuse Property Development Corporation. (Attachments: #1 Declaration of Amanda C. Nardozza, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Exhibit(s) O, #17 Exhibit(s) P, #18 Exhibit(s) Q, #19 Exhibit(s) R, #20 Exhibit(s) S, #21 Declaration of Katelyn Wright, #22 Exhibit(s) A, #23 Exhibit(s) B)(Nardozza, Amanda) |
| Filing 11 SUMMONS Returned Executed by Joseph Italiano. Home Headquarters, Inc served on 1/10/2024, answer due 1/31/2024. (mmg). |
| Filing 10 SUMMONS Returned Executed by Joseph Italiano. Greater Syracuse Property Development Corporation served on 1/10/2024, answer due 1/31/2024. (mmg). |
| Filing 9 Summons Reissued as to Greater Syracuse Property Development Corporation, Home Headquarters, Inc. (Attachments: #1 Summons Reissued as to Great Syracuse Property Development Corporation)(mmg). |
| Filing 8 CERTIFICATE OF SERVICE by Joseph Italiano re #2 Summons Issued to Timothy MacDonald, Attorney on behalf of Home Headquarters Inc. (mmg). |
| Filing 7 CERTIFICATE OF SERVICE by Joseph Italiano re#2 Summons Issued to Daniel Berman on behalf of Greater Syracuse Property Development Corporation. (mmg). |
| Filing 6 TEXT ORDER denying #4 Plaintiff's application for an Order to Show Cause under Local Rule 65.1 and 7.1(e), and reserving decision on #4 Plaintiff's motion for a Temporary Restraining Order and #4 his motion for a Preliminary Injunction, pending the completion of briefing, and the conducting of a hearing, on each (unless the parties agree to consolidate those two motions). Plaintiff's application for an Order to Show Cause is unsupported by a detailed and specific affidavit demonstrating good cause why he cannot give reasonable advanced notice of that application to Defendants, and substantial prejudice that would result from the requirement of such reasonable advanced notice, as required by Local Rule 7.1(e). Having said that, the Court finds that expedited briefing is appropriate with regard to Plaintiff's motion for a Temporary Restraining Order under the circumstances. As a result, Plaintiff is directed to immediately serve Defendants with a copy of his Complaint, his motion papers and this Text Order, then file a Certificate of Service. Defendants' papers in response to Plaintiff's motion for Temporary Restraining Order are due within SEVEN (7) DAYS of Plaintiff's filing of a Certificate of Service. Defendants' response papers may take the form of a letter-brief, assuming it is accompanied by admissible evidence (including any necessary affidavits or declarations). Upon the filing of Defendants' response papers, the Court shall schedule a prompt hearing on Plaintiff's motion for a Temporary Restraining Order, if necessary. If further necessary, the Court shall issue a Text Order scheduling the deadlines for the completion of the briefing, and the date and time of a hearing, on Plaintiff's motion for a Preliminary Injunction. SO ORDERED by U.S. District Judge Glenn T Suddaby on 1/2/2024. (Copy served upon plaintiff via regular mail. CRD also contacted the plaintiff via telephone, as he requested, and left a voicemail to advise him of this decision, as well as providing a copy to the Clerk's Office for the plaintiff to pick up at the intake counter) (sal) |
| Filing 5 PRO SE NOTICE issued and explained at counter to Joseph Italiano at time complaint was filed. Plaintiff advised he has a copy of local rules and Pro Se Handbook. (kck) |
| Filing 4 EMERGENCY MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order filed by Joseph Italiano, Pro Se. Motion returnable before Judge Glenn T Suddaby. (Attachments: #1 Affidavit of Joseph Italiano, #2 Memorandum of Law, #3 Proposed Order). Chambers notified.(kck) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 4/1/2024 at 09:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/25/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Copy served upon plaintiff at counter with summonses for service.(kck) |
| Filing 2 Summons Issued as to Greater Syracuse Property Development Corporation (Attachments: #1 Summons Issued as to Home Headquarters, Inc.)(kck) Modified on 1/3/2024 (summonses issued to attorneys in error, plaintiff to submit correct summonses) (kck). |
| Filing 1 COMPLAINT against Greater Syracuse Property Development Corporation, Home Headquarters, Inc (Filing fee $405 receipt number #500001271) filed by Joseph Italiano.(Attachment: #1 Civil Cover Sheet)(kck) |
| TEXT NOTICE to Pro Se Plaintiff: Because Plaintiff has paid the filing fee, they are advised that they are responsible for serving the summons, complaint, and General Order 25 on each defendant in accordance with Fed.R.Civ.P. 4(c). A separate affidavit of service as to each defendant must be filed. Plaintiff is warned that failure to serve the summons, complaint, and General Order 25 on the defendants or ask for an extension of time to do so (in writing) may ultimately result in dismissal of their action for failure to prosecute. (A copy of this text notice has been served on pro se party via regular mail.) (sg) |
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