Maione et al v. Zucker et al
| Scott Maione and Tasha Ostler |
| Howard A. Zucker, Nira V Shah, Samuel D. Roberts, Kristen M. Proud, Joan Silvestri, Susan Sherwood, Nancy Murphy, Adrienne Alcaro, Anne Marie Massaro, Darlene Oto, Rebecca Syrotynski and Flo Mercer |
| 1:2018cv07452 |
| August 15, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Unassigned |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
193
ORDER granting 192 Letter Motion to Adjourn Conference. Granted. The conference is adjourned to 12/4/2023, at 02:30. So Ordered. (Telephone Conference set for 12/4/2023 at 02:30 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 11/9/23) (yv)
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Filing
191
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for a status conference before the Honorable Kenneth M. Karas, United States District Judge, on Monday, November 20, 2023 at 11 :30 a.m. NOTICE OF TELECONFEREN CE INFORMATION: The Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Pleas e enter the conference as a guest by pressing the pound sign(#). Counsel involved in any prose cases shall mail a copy of this Notice to or otherwise inform the prose party of the above teleconference information. Counsel in any pro se inmate cases s hall ensure that the pro se party is on the line before calling the above-referenced number. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. ( Telephone Conference set for 11/20/2023 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 11/2/2023) (ate)
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Filing
140
OPINION AND ORDER re: 114 MOTION to Dismiss the Amended Complaint. filed by Howard A. Zucker, Samuel D. Roberts, Darlene Oto, 119 MOTION to Dismiss Plaintiffs' Amended Complaint. filed by Joan Silvestri. For the r easons stated above, both Motions are granted in full, and all claims are dismissed. As Maione and Ostler's claims are barred by res judicata, these claims are (again) dismissed with prejudice. 7 W. 57th St. Realty Co., LLC v. Citigroup, In c., 314 F. Supp. 3d 497, 519 (S.D.N.Y. 2018) ("Because [the] [p]laintiffs...claims are barred by resjudicata, leave to amend these claims will be denied." (footnote and italics omitted)), afj'd, 771 F. App'x 498 (2d Cir. 2019), cert. denied, 140 S. Ct. 71 (2019); see also Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (explaining that a district court may deny leave to amend when amendment would be futile because the problems with a plaintiffs claims are "subst antive," and "better pleading will not cure" them). However, because this is the first adjudication on the merits of the Children's claims, dismissal of their claims is without prejudice. Plaintiffs may therefore file a second a mended complaint to resolve the defects in the Children's claims identified in this Opinion & Order. If Plaintiffs wish to file such a second amended complaint, they must do so in 30 days. Plaintiffs are advised that the second amended compl aint will replace, not supplement, the Amended Complaint. The second amended complaint must contain all of the claims, defendants, factual allegations, and exhibits that Plaintiffs wish the Court to consider. If Plaintiffs fail to timely file a se cond amended complaint, the Court may convert the dismissal without prejudice to dismissal with prejudice. The Clerk is respectfully directed to terminate the pending Motions, (Dkt. Nos. 114, 119). SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/24/2020) (jca)
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Filing
113
ORDER granting 112 LETTER MOTION for Extension of Time to File Reply Memorandum of Law; granting 112 Letter Motion for Leave to File Excess Pages. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/14/2019) (jca)
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