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04-976 - Sash et al v. City of New York et al


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04-976 - Sash et al v. City of New York et al
April 5, 2006
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MEMORANDUM AND ORDER, any claims related to or brought on behalf of Annmarie Rose Sashe are hereby dismissed w/o prejudice. Moreover, it is unclear whether Roslynne L. and James L. Sashe are proper pltffs in this case. Neither Roslynne nor James signed the complaint as required under Rule 11 of the FRCP. Furthermore, the Court has not heard from either Eliot Sash, Roslynne L. Sashe or James L. Sashe in over a year. Because it is not clear whether Roslynne L. Sashe and James L. Sashe are pltffs in this case and, if so, whether this case has been abandoned by any one or more of the pltffs, the Court hereby directs each pltff named in the caption, with the exception of Annmarie R. Sashe, to show cause why the case should not be dismissed for failure to prosecute. Each pltff shall submit to the Court, w/in 30 days from the date of this Order, a separate affidavit setting forth that he or she is prepared to proceed with the case along with a current address. If pltffs fail to comply with this Order w/in the time allowed, the case shall be dismissed for failure to prsecute. The Court certifes pursuant to 28 USC sec. 1915(a)(3) that any appeal from this order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of any appeal. (Ordered by Judge Eric N. Vitaliano on 4/4/06) c/m (Galeano, Sonia)
May 25, 2006
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MEMORANDUM AND ORDER, to date, pltff has not obtained counsel for his minor granddaughter. The case shall proceed against the remaining defts as set forth in the Court's prior orders. The Clerk of Court shall issue summonses and the US Marshals Service shall serve a copy of the summons, the complaint and the following Orders dated 6/25/04, 11/16/04 and 4/4/06, and this order, w/o prepayment of fees, on the remaining defts herein listed. A courtesy copy of the same documents shall be served on the Corp. Counsel for the City of NY, the Corp. Counsel for the City of Yonkers and the Office of the Westchester County Attorney. This case is referred to the USDJ Bloom for pretrial supervision. (Ordered by Judge Eric N. Vitaliano on 5/23/06) c/m (Galeano, Sonia)
January 18, 2008
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REPORT AND RECOMMENDATION: Accordingly, it is respectfully recommended that the instant action should be dismissed against all defendants as it is barred by res judicata and collateral estoppel. The parties shall have 10 days from service of this Report to file written objections. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 1/18/2008) C/mailed. Objections to R&R due by 2/1/2008. (Latka-Mucha, Wieslawa)
March 17, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS, The 47 Report and Recommendations of Magistrate Judge Bloom is adopted in full as the opinion of the Court. For the reasons stated in the opinion, it is ordered that the motion to dismiss is granted and that the action is dismissed. The Clerk is directed to close this case. Ordered by Judge Eric N. Vitaliano on 03/13/08. c/m (Galeano, Sonia)