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07-2191 - Castellanos v. Elrac Inc. et al


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07-2191 - Castellanos v. Elrac Inc. et al
April 3, 2008
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ORDER GRANTING Defendant Barksdale's 4 Motion to Dismiss for Lack of Jurisdiction AND REMANDING THE REMAINDER OF THE CLAIMS TO QUEENS COUNTY SUPREME COURT - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the motion of the United States to be substituted for defendant Barksdale is GRANTED and the government's motion to dismiss the complaint is also GRANTED with prejudice. The remainder of this case is REMANDED to New York State Supreme Court, Queens County, Civil Term. The court notes that plaintiff in this matter has failed to respond to any of the directives of the court, including the order issued by U. S. Magistrate Judge Kiyo A. Matsumoto that plaintiff's counsel register for ECF by June 29, 2007. Accordingly, plaintiff's counsel is hereby SANCTIONED in the amount of $250 to be paid by certified check to the Clerk of the Court no later than May 2, 2008. Failure to comply with this Order may result in the imposition of further sanctions including a finding of contempt and referral to the appropriate Appellate Division's Grievance Committee. The Clerk of the Court is directed to mail a copy of this Electronic Order and the ATTACHED WRITTEN MEMORANDUM AND ORDER to plaintiff by certified mail with return receipt and to REMAND THIS MATTER TO QUEENS COUNTY SUPREME COURT, CIVIL TERM. The Clerk of the Court shall otherwise close this case. SO ORDERED by Judge Dora Lizette Irizarry on 03/31/08. (Irizarry, Dora)
April 10, 2008
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CLERK'S JUDGMENT, ORDERED and ADJUDGED that pltff. take nothing of the defts; that the govt's motion to be substituted for deft Barksdale is granted; that the govt's motion to dismiss the action is also granted, w/prejudice; and the remainder of the case is remanded to NYS Supreme Court, Queens County for further proceedings.(So Ordered by Robert C. Heinemann, Clerk of Court on 4/9/08). (C/E-M). (Layne, Monique)