Stanley v. CUNY, John Jay College
David Stanley |
1:2018cv04844 |
May 31, 2018 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Alison J. Nathan |
Americans with Disabilities - Other |
28 U.S.C. ยง 1331 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 136 OPINION & ORDER re: 107 MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss . filed by Elmer Phelon, Susan Jeffrey, Neil Stewart, Anthony Bracco, City University of New York, 134 LETTER MOTION for Leave to File Third Amended Complaint addressed to Judge Paul A. Engelmayer from Ian Wallace dated March 1, 2023. filed by David Stanley. For the foregoing reasons, the Court grants defendants' motion to dismiss. The Court dismisses all federal claims in the SAC with prejudice, and, declining to exercise supplemental jurisdiction over the SAC's state-law claims, dismisses these without prejudice to his right to pursue them in state court. The Court also denies Stanley's motion to file a Third Amended Complaint, without prejudice to Stanley's right, in a separate lawsuit, to challenge actions outside the scope of the SAC and its predecessors. The Clerk of Court is respectfully directed to terminate the motions pending at docketnumbers 107 and 134 and to close this case. (Signed by Judge Paul A. Engelmayer on 3/30/2023) (rro) Transmission to Orders and Judgments Clerk for processing. |
Filing 118 ORDER granting 117 Letter Motion for Extension of Time to File Response/Reply re 117 LETTER MOTION for Extension of Time to File Response/Reply as to 116 Letter, addressed to Judge Paul A. Engelmayer from Ian Wallace dated May 6, 2022. LETTER MOTION for Extension of Time to File addressed to Judge Paul A. Engelmayer from Ian Wallace dated May 6, 2022. ; granting 117 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/9/2022) (ate) |
Filing 113 ORDER re: 107 MOTION to Dismiss for Lack of Jurisdiction . MOTION to Dismiss . filed by Elmer Phelon, Susan Jeffrey, Neil Stewart, Anthony Bracco, City University of New York, Set Deadlines/Hearing as to 107 MOTIO N to Dismiss for Lack of Jurisdiction . MOTION to Dismiss . The Court directs plaintiff to file his opposition brief, if any, by Monday, April 18, 2022. This deadline will not be extended. If an opposition is not filed by that date, the Court will treat the motion as unopposed and will grant the motion to dismiss. SO ORDERED.: ( Responses due by 4/18/2022) (Signed by Judge Paul A. Engelmayer on 4/14/22) (yv) |
Filing 111 ORDER: After consultation with the Hon. Ona T. Wang, the referral order at docket 110 is withdrawn. This case is now before this Court for all purposes. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/13/2022) (tg) |
Filing 100 ORDER granting 98 Letter Motion for Extension of Time to File. A waiver of service signed by Mr. Stewart was filed on the public docket on January 11, 2022. Dkt. No. 99. The Court GRANTS Plaintiff's request to accept the waiver after the January 10, 2022 deadline. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/11/2022) (vfr) |
Filing 93 ORDER: The Court on September 20, 2021, granted Plaintiff leave to file an amended complaint, Dkt. No. 71, which Plaintiff filed on September 28, 2021, Dkt. No. 77. But Plaintiff has failed to file proof that he served the amended complaint on Defendants. Plaintiff is ORDERED to serve Defendants and file proof of service by January 10, 2022. Failure to do so may result in dismissal with prejudice for failure to prosecute this action. SO ORDERED. ( Service due by 1/10/2022.) (Signed by Judge Alison J. Nathan on 12/21/2021) (vfr) |
Filing 71 ORDER: September 9, 2021, the Court granted Plaintiff leave to file an amended complaint. Dkt. No. 70. Plaintiff shall file an amended complaint by September 27, 2021. SO ORDERED. ( Amended Pleadings due by 9/27/2021.) (Signed by Judge Alison J. Nathan on 9/20/2021) (vfr) |
Filing 68 ORDER: On August 11, 2021, the Court granted Plaintiff's request for an extension to file his Second Amended Complaint to August 25, 2021. Dkt. No. 66. Plaintiff filed the Second Amended Complaint on August 25, 2021, but the filing was def icient, requiring that Plaintiff acquire leave of the Court or the consent of Defendant before re-filing. Plaintiff shall request leave of the Court or Defendant's consent by September 7, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/2/2021) (vfr) |
Filing 66 ORDER granting 65 Letter Motion for Extension of Time. SO ORDERED. ( Amended Pleadings due by 8/25/2021.) (Signed by Judge Alison J. Nathan on 8/11/2021) (vfr) |
Filing 53 ORDER. Mr. Stanley's pro se motion requesting a ninety-day extension of time to file his second amended complaint (Dkt. No. 52) is GRANTED. The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Stanley and to note the mailing on the public docket.SO ORDERED. (Signed by Judge Alison J. Nathan on 2/17/21) (yv) Transmission to Docket Assistant Clerk for processing. |
Filing 51 MEMORANDUM AND ORDER. For the reasons articulated above, Defendant's motion pursuant to Rule 60 is GRANTED. Plaintiff must file a second amended complaint no later than 90 days from the date of this order. The Clerk of Court is respectfully dire cted to vacate the judgment, re-open this case, and mail a copy of this order to Mr. Stanley. This resolves Dkt. No. 40. SO ORDERED. Granting 40 MOTION for Reconsideration re; 33 Order on Motion to Dismiss. Order on Motion to Dismiss/Lack of Jurisdiction, 34 Clerk's Judgment filed by David Stanley. (Signed by Judge Alison J. Nathan on 11/19/2020) (rjm). Transmission to Docket Assistant Clerk for processing. |
Filing 43 ORDER. The Court extends Mr. Davy's deadline to respond to the Order to Show Cause to January 21, 2020. If Mr. Davy does not respond by this date, the Court will refer this matter to the Grievance Committee. Chambers will mail a copy of this Order to Mr. Stanley and Mr. Davy and note its mailing on the docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/8/20) Copies Mailed By Chambers. (yv) |
Filing 37 ORDER, On November 18, 2019, the Court received a letter from Plaintiff that has now been docketed. To the extent that Plaintiff seeks relief from the judgment, he must make a motion under Federal Rule of Civil Procedure 60. The Court sets December 23, 2019 as the deadline by which Plaintiff may make this motion on the grounds raised in his letter. Before filing any motion, Plaintiff must either obtain new counsel or file a notice of pro se appearance. Chambers will mail a copy of this Order to Plaintiff and note its mailing on the docket. SO ORDERED. (Motions due by 12/23/2019.) (Signed by Judge Alison J. Nathan on 11/21/2019) Copies Mailed By Chambers. (kv) |
Filing 33 MEMORANDUM AND ORDER. For the reasons articulated above, Defendant's motion to dismiss is GRANTED. All claims are dismissed with prejudice. The Clerk of Court is respectfully directed to close this case. This resolves Dkt. Nos. 11 and 26. SO ORDERED. Granting 26 Motion to Dismiss; Granting 26 Motion to Dismiss for Lack of Jurisdiction; Granting 11 Motion to Dismiss. (Signed by Judge Alison J. Nathan on 9/30/2019) (rjm). Transmission to Orders and Judgments Clerk for processing. |
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Plaintiff: David Stanley | |
Represented By: | Courtney Kirk-Patrick Davy |
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