Fund et al v. City of New York et al
| Jerry Fund and Automatic Meter Reading Corp. |
| City of New York and Patricia Gatling |
| 1:2014cv02958 |
| April 25, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
91
ORDER OF DISCONTINUANCE: By letter dated May 4, 2021, the parties reported to the Court that they have reached a settlement in this case. Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and with out costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiffs may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiffs have not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/1/2021) (rro)
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Filing
27
OPINION AND ORDER: the Court hereby DISMISSES Plaintiffs' claims for declaratory and injunctive relief, and STAYS their claim for money damages. The parties are hereby ORDERED to file a joint status letter by January 19, 2014, and every 120 days thereafter, regarding the status of the Commission and state court proceedings. The Clerk of Court is respectfully directed to place this case on the suspense calendar. (Signed by Judge Katherine Polk Failla on 7/18/2014) (tn)
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Filing
5
OPINION AND ORDER: The Court must abstain from Plaintiffs' application for a temporary restraining order. As Younger abstention is mandatory, Spargo, 351 F.3d at 75, Plaintiffs are hereby ORDERED to show cause within 30 days of the entry of thi s Order why their Complaint should not be dismissed. Defendant may, if it so chooses, file a response within 15 days thereafter. See Woodfin Suite Hotels, LLC v. City of Emeryville, No. C 07-1719 (SBA), 2007 WL 1288397, at *7 (N.D. Cal. May 2, 2007). (Signed by Judge Katherine Polk Failla on 5/19/2014) (tn)
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