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 26 |
Filed: 10/19/2001, Entered: None |
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JUDGMENT - Ordered and adjudged that pltff take nothing of the dfts; that the Report & Recommendation of USMJ E. Thomas Boyle is adopted in its entirety; and that the complaint is dismissed. (Signed by Karene Harper, Deputy Clerk on 10/19/01) C/M , (Valle, Christine) (Entered: 10/19/2001)
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| 25 |
Filed: 10/16/2001, Entered: None |
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ORDER ADOPTING REPORT AND RECOMMENDATION - On September 24, 2001, Magistrate Lindsay issued a Report and Recommendation wherein she notes that pltff has not filed a second amended complaint and recommends that the action be dismissed . Accordingly, the Court adopts the Report and Recommendation in its entirety and dismisses the complaint . The Clerk of the Court shall close this case. (Signed by Judge Joanna Seybert, on 10/16/01) C/M (Valle, Christine) (Entered: 10/18/2001)
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| 24 |
Filed: 9/24/2001, Entered: None |
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REPORT AND RECOMMENDATION - The Court granted pltff leave to amend his complaint consistent with the conclusions of the memorandum & order of 7/26/01, provided that the second amended complaint be filed within thirty days of the date of the order. Pltff has not filed said second amended complaint, and it is hereby recommended that the District Court dismiss this action. Any objections to this report must be filed with the Clerk within 10 days of receipt of this report. Failure to file objections within the specified time waives the right to appeal this Court's report and recommendation. (Signed by Magistrate Arlene Rosario Lindsay on 9/24/01) C/M Case no longer referred to Magistrate Arlene R. Lindsay (Valle, Christine) (Entered: 09/26/2001)
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| 23 |
Filed: 8/8/2001, Entered: None |
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LETTER dated 8/8/01 from Bonnie Garone to Magistrate Lindsay RE: We write to advise Your Honor of the status of this case pursuant to the order dated 7/12/01. (Valle, Christine) (Entered: 09/26/2001)
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| 22 |
Filed: 7/26/2001, Entered: None |
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MEMORANDUM and ORDER; granting [4-1] motion to dismiss complaint for failure to properly serve the State Dfts, and the complaint is dismissed, with prejudice, with respect to all claims asserted against them ; granting [8-1] motion to dismiss the amended complaint, and the complaint is dismissed without prejudice with respect to all claims asserted against them . The pltff is granted leave to amend his complaint consistent with the conclusions state herein, provided that the second amended complaint is filed within thirty days of the date of this order . Pltff shall also file proof of service of such an amended pleading with the Court within 10 days of service . ( signed by Judge Joanna Seybert, on 7/26/01) c/m (Fagan, Linda) (Entered: 07/27/2001)
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| 21 |
Filed: 5/8/2001, Entered: None |
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MOTION by Edward Russell Whitaker for permanent injunction against the dft from performing certain acts . No motion hearing . Motion file stamped: 5/8/01 and mailed/served: 4/23/01 (Valle, Christine) (Entered: 07/18/2001)
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| 20 |
Filed: 5/8/2001, Entered: None |
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RETURN OF SERVICE executed as to Dept. of Social Svcs, Suffolk Co. Family 3/29/01 (Valle, Christine) (Entered: 07/18/2001)
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| 19 |
Filed: 5/4/2001, Entered: None |
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NOTICE OF AMENDMENT TO COMPLAINT by Edward Russell Whitaker RE: In reference to statement no. 5; wherefore, pltff demands money damages in the amount of $500,000.00. I reserve the right to change the amount whenever it deems necessary. (Valle, Christine) (Entered: 07/18/2001)
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| 18 |
Filed: 5/4/2001, Entered: None |
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LETTER dated 5/4/01 from Bonnie Garone to Judge Seybert RE: Should the Court require a response on behalf of the State dfts, we ask that you notify the undersigned and we will submit one expeditiously. Otherwise, we will await the Court's decision on our dismissal motion. (Valle, Christine) (Entered: 07/18/2001)
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| 17 |
Filed: 7/12/2001, Entered: None |
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Letter MOTION by Suffolk Co. Family, NYS Dept. Tax & Fin. request a stay of discovery , pending the Court's decision on dfts' pending motions to dismiss the complaint. No motion hearing . (Valle, Christine) (Entered: 07/13/2001)
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| 16 |
Filed: 7/12/2001, Entered: None |
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LETTER dated 7/10/01 from Edward Russel Whitaker to Judge Lindsay RE: In reference to the initial conference held on 6/13/01, I understand that the dfts requested stay of discovery. At this time I do not oppose their request. (Valle, Christine) (Entered: 07/13/2001)
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| 15 |
Filed: 6/13/2001, Entered: None |
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Calendar entry: Before Magistrate Lindsay on 6/13/01 at 2:00PM. Civil Cause for Initial Conference. Counsel for pltff not present. Counel for dft present. The following rulings were made: Counsel for dfts expressed its intention to apply for a stay of discovery in this matter. Said letter application, not to exceed 3 pages in length, must be served and filed no later than 6/29/01. Pltff's response to be submitted by 7/13/01. C/M (Valle, Christine) (Entered: 06/20/2001)
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| 14 |
Filed: 5/3/2001, Entered: None |
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Letter MOTION by Suffolk Co. Family, Suffolk County SCU request that we be permitted to refrain from submitting a response to pltff's "Motion for Injunctive Relief" , No motion hearing (Valle, Christine) (Entered: 05/07/2001)
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| 13 |
Filed: 4/6/2001, Entered: None |
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LETTER from Edward Russel Whitaker to Judge Seybert RE: In response to your letter I received on 2/23/01, I sincerely apologize for any inconvenience in which I may have caused the Court, and ask you not to dismiss this case. (Valle, Christine) (Entered: 04/11/2001)
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| 12 |
Filed: 3/19/2001, Entered: None |
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AMENDED COMPLAINT by Edward Russell Whitaker, (Answer due 3/29/01 for Suffolk County SCU, for NYS Dept. Tax & Fin., for Suffolk Co. Family, for Dept. of Social Svcs) amending [1-1] complaint. (Valle, Christine) (Entered: 04/09/2001)
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| 11 |
Filed: 3/13/2001, Entered: None |
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LETTER dated 3/13/01 from Chambers of Honorable Joanna Seybert to Edward Russel Whitaker RE: Your letter dated 2/28/01 is being returned to you without docketing or filing as the Court does not accept ex parte submissions. (Valle, Christine) (Entered: 03/20/2001)
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| 10 |
Filed: 3/12/2001, Entered: None |
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MEMORANDUM OF LAW by Dept. of Social Svcs, Suffolk County SCU in support of the [8-1] motion to dismiss the amended complaint (Valle, Christine) (Entered: 03/16/2001)
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| 9 |
Filed: 3/12/2001, Entered: None |
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DECLARATION of Lee Wiedl on behalf of Dept. of Social Svcs, Suffolk County SCU Re: in support of the [8-1] motion to dismiss the amended complaint (Valle, Christine) (Entered: 03/16/2001)
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| 8 |
Filed: 3/12/2001, Entered: None |
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MOTION by Dept. of Social Svcs, Suffolk County SCU to dismiss the amended complaint , No motion hearing . Motion file stamped: 3/12/01 and mailed/served: 3/9/01 (Valle, Christine) (Entered: 03/16/2001)
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| 7 |
Filed: 2/27/2001, Entered: None |
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DECLARATION of Bonnie Garone on behalf of Suffolk Co. Family, NYS Dept. Tax & Fin. Re: in support of [4-1] motion to dismiss complaint for failure to properly serve the State Dfts (Valle, Christine) (Entered: 03/01/2001)
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| 6 |
Filed: 2/27/2001, Entered: None |
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MEMORANDUM OF LAW by Suffolk Co. Family, NYS Dept. Tax & Fin. in support of [4-1] motion to dismiss complaint for failure to properly serve the State Dfts (Valle, Christine) (Entered: 03/01/2001)
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| 5 |
Filed: 2/27/2001, Entered: None |
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AFFIDAVIT of Marie Derosier on behalf of Suffolk Co. Family, NYS Dept. Tax & Fin. Re: Copy of [4-1] motion to dismiss served upon Edward R. Whitaker and Office of the Suffolk County Attorney on 2/26/01. (Valle, Christine) (Entered: 03/01/2001)
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| 4 |
Filed: 2/27/2001, Entered: None |
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MOTION by Suffolk Co. Family, NYS Dept. Tax & Fin. to dismiss complaint for failure to properly serve the State Dfts , No motion hearing Motion file stamped: 2/27/01 and mailed/served: 2/26/01 (Valle, Christine) (Entered: 03/01/2001)
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| 3 |
Filed: 2/27/2001, Entered: None |
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LETTER dated 2/26/01 from Bonnie Garone to Judge Seybert RE: The following documents have been served and are being submitted to the Clerk for filing: Notice of Motion, Memo of Law and Declaration. The pro se pltff also has been sent copies of the unpublished decisions cited in our Memo, and a copy of Your Honor's rules. (Valle, Christine) (Entered: 03/01/2001)
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| 2 |
Filed: 2/15/2001, Entered: None |
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NOTICE OF IMPENDING DISMISSAL FOR FAILURE TO PROSECUTE - It is hereby ordered that, pursuant to Rule 41(b) of the F.R.C.P., this case will be dismissed, without prejudice, for lack of prosecution if, within fifteen (15) days from the date of this order, no further explanation for the lack of proceedings has been filed and approved by this Court. All responses must be in writing. (Signed by Judge Joanna Seybert on 2/15/01) C/M (Valle, Christine) (Entered: 02/21/2001)
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| 1 |
Filed: 9/18/2000, Entered: None |
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COMPLAINT filed and summons(es) issued for Dept. of Social Services, Suffolk County Family Court, NYS Dept. Tax & Finance, Suffolk County SCU. FILING FEE $150.00 RECEIPT #1162. (Arbitration Certification, Jurisdiction, Remedy and Injunction Relief papers annexed). (Coleman, Laurie) Modified on 10/03/2000 (Entered: 10/03/2000)
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