Grullon v. The Administration for Children's Services et al
| Rolando Grullon |
| The Administration for Children's Services, The City of New York, Gladys Carrion, David Hansell, Contessa Pou, Miriam Vazquez, Frank Lawani, Tahisha Fontaine-Longworth, Angella Allen and Shanel Monroe |
| 1:2018cv03129 |
| April 9, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Unassigned |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
57
CLERK'S JUDGMENT re: 56 Memorandum & Opinion. in favor of The Administration for Children's Services The City of New York, Angela Allen, Contessa Pou, David Hansell, Frank Lawani, Gladys Carrion, Miriam Vasquez, Shanel Monroe, Tahis ha Fountaine Longworth against Rolando Grullon. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 16, 2021, Defendants' motion to dismiss the SAC for a failure to state a c laim is GRANTED. The Second Circuit has made clear that district courts "should not dismiss without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated." Cuoc o v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Although Plaintiff has already been given several opportunities to amend, the Court deems it prudent to give Plaintiff another chance. Accordingly, Plaintiff shall have until May 14, 2021 to file a thi rd amended complaint; accordingly, the case is closed, without prejudice to re-opening upon Plaintiff's filing of a third amended complaint before May 14, 2021. (Signed by Clerk of Court Ruby Krajick on 3/17/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
56
OPINION AND ORDER re: 52 MOTION to Dismiss Second Amended Complaint filed by Frank Lawani, David Hansell, Angela Allen, The Administration for Children's Services The City of New York, The City of New York, Gladys Ca rrion, Miriam Vasquez, Tahisha Fountaine Longworth, Shanel Monroe, Contessa Pou. For the foregoing reasons, Defendants' motion to dismiss the SAC for a failure to state a claim is GRANTED. The Second Circuit has made clear that district courts "should not dismiss without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated." Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Althoug h Plaintiff has already been given several opportunities to amend, the Court deems it prudent to give Plaintiff another chance. Accordingly, Plaintiff shall have until May 14, 2021 to file a third amended complaint. The Clerk of Court is respe ctfully directed to mail a copy of this Opinion and Order to Plaintiff, to terminate all pending motions, and to close the case, without prejudice to re-opening upon Plaintiff's filing of a third amended complaint before May 14, 2021. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/16/2021) (va) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
38
ORDER: The Clerk of Court is instructed to complete the USM-285 forms with the addresses for Gladys Carrion, David Hansell, Contessa Pou; Miriam Vasquez, Shanel Monroe, Tahisha Fountaine Longworth, Frank Lawani, Angela Allen and deliver all documen ts necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order to the plaintiff and note service on the docket. SO ORDERED. (Signed by Judge John G. Koeltl on 11/18/2019) (ks) Transmission to Docket Assistant Clerk for processing. Transmission to Pro Se Assistants for processing.
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Filing
36
ORDER: The City of New York is directed to provide the service address for the individual defendants by November 15, 2019. Upon receiving the address, the Court will issue a service order, directing the Marshals to serve. SO ORDERED. (Signed by Judge John G. Koeltl on 11/8/2019) (jca)
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Filing
9
MEMORANDUM OPINION AND ORDER re: 7 AMENDED COMPLAINT. The plaintiff may seek assistance from the New York Legal Aid Group Legal Clinic for Pro Se Litigants, which is located at 40 Centre Street, Room LL22, New York, New York 10007, and is open on weekdays from 10:00 am until 4:00 pm. The New York Legal Aid Group can be reached by calling (212) 659-6190. The New York Legal Aid Group can, as appropriate, recommend other counsel for the plaintiff. For the reasons explained above, the plaintiff's application for the Court to appoint counsel is denied without prejudice. SO ORDERED. (Signed by Judge John G. Koeltl on 10/3/2018) (anc)
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