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02-5821 - Longi v. State of New York et al


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02-5821 - Longi v. State of New York et al
June 26, 2006
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MEMORANDUM AND OPINION that the Defendants motion to dismiss the complaint is GRANTED IN PART AND DENIED IN PART. The MOTIONS TO DISMISS by the State defendants, the Town of Brookhaven and Grucci, Kanas, North Fork, MBA, Verizon, AT&T, Grand Am, Great American, the Teamsters defendants and the FBI defendants are GRANTED to the extent set forth herein and the AMENDED COMPLAINT is DISMISSED in its entirety with prejudice as against those defendants, and the motions are otherwise DENIED; The Twomey Latham defendants' MOTION TO DISMISS is GRANTED to the extent that plaintiffs' section 1983 claims, except their conspiracy claim, against them are dismissed in their entirety with prejudice, and the MOTION is otherwise DENIED; Grubb & Ellis's MOTION FOR JUDGMENT ON THE PLEADINGS is GRANTED to the extent that plaintiffs' conversions claims, TILA claims, FDCPA claims and FCRA claims are DISMISSED as time barred and the section 1983 claims, except the conspiracy claims, and the misappropriation claims are DISMISSED for failure to state a cause of action, and the MOTION is otherwise DENIED; O'Connnor's motion to dismiss is GRANTED to the extent that the conversion claims against him are dismissed as time barred and the section 1983 claims, except the conspiracy claims, are DISMISSED for failure to state a cause of action, and the motion is otherwise DENIED; Republic Western's MOTION for summary judgment is GRANTED to the extent set forth herein and the AMENDED COMPLAINT is DISMISSED in its entirety with prejudice as against republic Western, and the MOTION is otherwise DENIED; the Town of Riverhead's MOTION to DISMISSED is GRANTED to the extent that the misappropriation and conversion claims against it, the Riverhead Community Development Agency, Bowman, Lohneise, Villella and Stark are DISMISSED WITH PREJUDICE; and the MOTION is otherise DENIED; PLAINTIFFS' CLAIMS ALLEGING VIOLATIONS OF 18 u.s.c., Chapter I,2,3 and 4, the Privacy Act of 1974, the "Corrupt Practices Act," the Truth in Lending Act, the Fair Debt Collection Practices Act, and the Freedom of Information Act are DISMISSED sua sponte in the entirety with prejudice; plaintiffs' first cause of action is DISMISSED Sua Sponte with prejudice as against the Suffolk County District Attorney, the SCPD Fifth Precinct, Jones, Gardner and Calabrese; plaintiffs' claims against the Suffolk County Sheriff's Department, the Suffolk County Clerk Edward Romaine, the Suffolk County Police Internal Affairs Division, the Suffolk County Police, Third Precinct, the Suffolk County Legislature, the Suffolk County Department of Consumer Affairs, Suffolk County Executive Robert Gaffney, the Town of Riverhead town Council, The Town of Riverhead Town Supervisor, Key Bank, the Langdons, Specialized Insurance and Wrenn Insurance are DISMISSED in their entirety sua sponte with prejudice; plaintiffs' claim relating to the filing of their mechanic's lien is DISMISSED Sua Sponte with prejudice as against the County of suffolk; plaintiffs' section 1983 claims against Complete RV, Tag Motors, Great American, Gomes, Rossi, Jones and Safari Motor Coach are DISMISSED in their entirety Sua Sponte with prejudice; plaintiffs' section 1983 claims, with the exception of their conspiracy claims, and their misappropriation of property and conversion claims against Island Realty, First Industrial, Cohen and Burman are DISMISSED Sua Sponte with prejudice; plaintiffs' first cause of action against Tag Motors is DISMISSED Sua Spone with prejudice; plaintiffs' third cause of action is DISMISSED Sua Sponte as against the SCPD Fifth Precinct with prejudice; and (16) plaintiffs' intentional tort claims relating to conduct occurring prior to November 1, 2001, including their intentional tort claims against John Langdon and Jones, are DISMISSED Sua Sponte with prejudice. The remaining parties are directed to appear in my Courtroom @ 1010 Federal Plaza, Central Islip, New York, on July 27, 2006 @12:00 p.m. for a settlement and/or scheduling conference with authority, or persons with authority, to resolve this action. The parties are directed to engage in good faith settlement negotiations prior to the conference.. Ordered by Judge Sandra J. Feuerstein on 6/26/06. cm(Mierzejewski, Elizabeth)
November 22, 2006
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ORDER denying 307 Motion for Recusal. Plaintiffs are directed to limit their correspondence with the Court and the defendants to commentary and/or argument set forth with the respect and decorum appropriate to judicial proceedings.The pretrial conference in this case will take place on 11/29/06 as previously scheduled. See attached order. Ordered by JudgeWilliam D. Wall on 11/22/06. c/m to pltfs (Disbrow, Sandra)
July 31, 2007
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ORDER that pending before the Court is plaintiffs' motion pursuant to Rule 24 of the Federal Rules of Appellate Procedure for leave to appeal the order adjourning the trial, and "all decisions leading up to, and ultimately made by the Court on December 6, 2006," in forma pauperis. The Motion is DENIED.. Ordered by Judge Sandra J. Feuerstein on 7/31/07. (Mierzejewski, Elizabeth)
March 27, 2008
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OPINION AND ORDER granting 401 Motion for Summary Judgment: The motions of the County defendant, Riverhead dfts and Tag Motor dfts for summary judgment are GRANTED and the amended complaint is dismissed in its entirety as against those dfts, and plaintiff's cross-motion for summary judgment is DENIED. As there are no other dfts or claims remaining in this action, the clerk of the Court is directed to enter judgment accordingly and to close this case. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 3/27/08. cm (Brienza, Lauren)