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14-4386 - Governale v. Doe et al


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14-4386 - Governale v. Doe et al
June 20, 2016
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SHORT FORM ORDER: The Court finds that the purported amended complaint is a nullity, without legal effect, and will be stricken (Please see Order for Further Details). Further, the Court finds that the purported amended summons was issued in error based upon the invalid amended complaint. Accordingly, it, too, is stricken. The Court directs that, unless otherwise agreed to by the parties, the previously established briefing schedule will remain in force and is not tolled by the Plaintiffs filing. It is So Ordered by Judge Arthur D. Spatt on 6/20/2016. (Ortiz, Grisel)
September 16, 2016
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mposed deadline and the Plaintiff has neither electronically filed any opposition papers to the County Defendants motion for summary judgment, nor provided hard copies of any papers to the Court. Despite the Courts clear and repeated warnings that the Plaintiff must comply with the established briefing schedule and submit his opposition papers to the Court, or risk waiving his right to do so, the Plaintiff has failed to comply with the Courts directives and the County Defendants motion for summary judgment is now accepted for submission as unopposed. The Court again refers this matter to Judge Lindsay for a recommendation as to whether: (1) the County Defendants unopposed motion for summary judgment should be granted; (2) if so, whether this action should be dismissed with prejudice; and (3) whether any other relief is warranted. Defendant Joseph Trapasso terminated. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 9/16/2016. Motion 17 referred to Judge Arlene R. Lindsay. (Coleman, Laurie)DECISION AND ORDER adopting 30 report and recommendation; denying 17 motion for default judgment; referring 25 motion for summary judgment; and denying 34 motion to amend - More than a month has now elapsed since the expiration of the Court-i
February 22, 2017
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ORDER - Counsel for the Plaintiff received a copy of the R&R via ECF on February 6, 2017. More than fourteen days have elapsed, and the Plaintiff has neither filed an objection nor requested an extension of time to do so. Therefore, pursuant to 28 U.S.C. ยง 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the February 6, 2017 Report and Recommendation is adopted in its entirety, and the County Defendants motion for summary judgment dismissing the complaint is granted. The Clerk of the Court is respectfully directed to enter judgment in accordance with this Order, and to close this case. SEE ORDER for details. So Ordered by Judge Arthur D. Spatt on 2/22/2017. (Coleman, Laurie)