Peterec-Tolino v. Ace American Insurance Co. et al
| John L. Peterec-Tolino |
| Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Jane Doe, Jacqueline L. Heubach, Dr. Ronald L. Mann, Adam Rosen, John Doe, State of New York Workers Compensation Board, Claire Unda, Walter F. Ciacii, M.D-(I.M.E.) N.Y.S. License #149230, Dr. Head (IME)(William), John D. Dunne, Jennifer Alexander, Ryan, Roach & Ryan, LLP, Ace American Insurance Co., John Doe-M.D., Jane Doe I, Walter F. Ciacci, LLP and John Doe I |
| 1:2020cv05354 |
| July 9, 2020 |
| US District Court for the Southern District of New York |
| Louis L Stanton |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 2ND AMENDED COMPLAINT, re: amending #4 Amended Complaint, against Ace American Insurance Co., Jennifer Alexander, Dr. Head (IME)(William), John D. Dunne, Jacqueline L. Heubach, Jane Doe I, John Doe I, John Doe-M.D., M.D-(I.M.E.) N.Y.S. License #149230, Ronald L. Mann, Adam Rosen, Ryan, Roach & Ryan, LLP, State of New York Workers Compensation Board, Claire Unda, Walter F. Ciacci, LLP, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP with JURY DEMAND.Document filed by John L. Peterec-Tolino. Related document: #4 Amended Complaint..(sc) |
| Mailed a copy of #6 Judgment, #5 Order of Dismissal, and Notice of Appeal Instructions to John L. Peterec-Tolino at 244 Fifth Ave., #J-292, New York, NY 10001. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Colleen McMahon is no longer assigned to the case..(bcu) |
Filing 6
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff's federal claims are dismissed because the complaint fails to state a claim on which relief can be granted. The Court declines, under 28 U.S.C. 1367(c), to exercise supplemental jurisdiction over any state law claims Plaintiff may be asserting. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Louis L. Stanton on 8/28/2020) (Attachments: #1 Appeal Package) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing 5
ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's claims against the New York State Workers Compensation Board are dismissed based on Eleventh Amendment immunity. Plaintiff's federal claims are dismissed for failure to state a claim on which relief can be granted. The Court declines, under 28 U.S.C. 1367, to exercise supplemental jurisdiction over any state law claims that Plaintiff may be asserting and dismisses Plaintiff's state law claims without prejudice. (Signed by Judge Louis L. Stanton on 8/28/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 AMENDED COMPLAINT, re: amending #2 Complaint, against Ace American Insurance Co., Jennifer Alexander, Walter F. Ciacii, Dr. Head (IME)(William), John D. Dunne, Jacqueline L. Heubach, Jane Doe, John Doe, John Doe-M.D., M.D-(I.M.E.) N.Y.S. License #149230, Ronald L. Mann, Adam Rosen, Ryan, Roach & Ryan, LLP, State of New York Workers Compensation Board, Claire Unda, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP with JURY DEMAND.Document filed by John L. Peterec-Tolino. Related document: #2 Complaint.(sc) |
| Pro Se Payment of Fee Processed: $400.00 Check processed by the Finance Department on 8/14/2020, Receipt Number 465401264760. (sw) |
| Mailed a copy of #3 Order Denying IFP Application, to John L. Peterec-Tolino, 244 Fifth Ave., #5-292, New York, NY 10001. (vn) |
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Filing 3
ORDER DENYING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is denied as Plaintiff has sufficient assets to pay the fee. See 28 U.S.C. 1915(a)(1). Plaintiff is directed to pay $400.00 in fees a $350.00 filing fee and a $50.00 administrative fee within 30 days of the date of this order. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. The Clerk of Court is directed mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. Dated:July 21, 2020 New York, New York COLLEEN McMAHON Chief United Filing Fee due by 8/20/2020. (Signed by Judge Colleen McMahon on 7/21/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 2 COMPLAINT against Ace American Insurance Co., Jennifer Alexander, Walter F. Ciacii, Dr. Head (IME)(William), John D. Dunne, Jacqueline L. Heubach, Jane Doe, John Doe, John Doe-M.D., M.D-(I.M.E.) N.Y.S. License #149230, Ronald L. Mann, Adam Rosen, Ryan, Roach & Ryan, LLP, State of New York Workers Compensation Board. Document filed by John L. Peterec-Tolino.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by John L. Peterec-Tolino.(rdz) |
| Case Designated ECF. (rdz) |
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