De Santis v. The City of New York et al
| Rocco Peter De Santis |
| Ryan Connors, New York County District Attorney, Stephen Gurniak, William Matusiak, George F. Brown, The City of New York, Office of the Chief of Department, Joseph J. Esposito and Yoalis M. Jimenez |
| 1:2010cv03508 |
| April 27, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| Naomi Reice Buchwald |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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| Document Text |
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Filing
64
OPINION AND ORDER: adopting 60 Report and Recommendation. Accordingly, the Report and Recommendation is hereby ADOPTED, the objections are OVERRULED, the default judgment previously entered in this case (Docket No. 56) is VACATED, and the claims are DISMISSED as untimely. The Clerk of the Court is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/22/2014) (ama)
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Filing
60
REPORT AND RECOMMENDATIONS re: 1 Complaint filed by Rocco Peter De Santis. Plaintiff Rocco Peter A. De Santis brought this action against Yoalis M. Jimenez and other defendants to recover damages and costs for malicious prosecution, false arrest, and intentional infliction of emotional distress. Jimenez failed to answer and a default has been entered against her. For the following reasons, the default should be vacated and the complaint should be dismissed. The default judgment (Docket # 56 ) should be vacated and the complaint should be dismissed in its entirety. Pursuant to 28 U.S.C. 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties have fourteen (14) days including weekends and holidays from service of th is Report and Recommendation to serve and file any objections. Such objections (and any responses to objections) shall be filed with the Clerk of the Court, with copies sent to the Hon. J. Paul Oetken, at 40 Centre Street, and to the undersigned, at 500 Pearl Street, New York, New York 10007. Any request for an extension of time to file objections must be directed to Judge Oetken. If a party fails to file timely objections, that party will not be permitted to raise any objections to this Report and Recommendation on appeal. Objections to R&R due by 7/26/2013. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/8/2013) Copies Mailed By Chambers. (rsh)
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