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14-5938 - Maitland et al v. Lunn et al


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14-5938 - Maitland et al v. Lunn et al
March 4, 2016
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MEMORANDUM & ORDER finding as moot 52 Motion for Sanctions; finding as moot 53 Motion to Compel; granting 24 Motion to Dismiss for Failure to State a Claim; granting 24 Motion to Dismiss for Lack of Jurisdiction; Defendant Town of Hempstead's motion to dismiss the Complaint is GRANTED (Docket Entry 24), and Plaintiffs' claims against the Town are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. For that same reason, Plaintiffs' claims against Defendant Nassau County Social Service are sua sponte DISMISSED WITHOUT PREJUDICE. Plaintiffs' outstanding motions are now DISMISSED AS MOOT. (Docket Entries 52, 53.) The Clerk of the Court is directed to mark this matter CLOSED and to mail a copy of this Order to Plaintiffs Edson Maitland and Edson Maitland, Jr. So Ordered by Judge Joanna Seybert on 3/4/2016. C/M; C/ECF (Valle, Christine)
March 21, 2017
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MEMORANDUM & ORDER denying 59 Motion for Reconsideration; Plaintiffs' motion for reconsideration (Docket Entry 59) is DENIED, but the Court GRANTS Plaintiffs leave to file an amended complaint to satisfy the $75,000 amount-in-controversy requirement in accordance with this Memorandum & Order. Plaintiffs' remaining claims are as follows: (1) breach of contract against Nassau County and the Town of Hempstead and (2) unjust enrichment against Nassau County. Any Amended Complaint shall be filed within thirty (30) days from the date of this Order. The Court also GRANTS Plaintiffs' leave to renew their motion to compel unredacted documents. If an amended complaint is filed, Plaintiffs may coordinate discovery matters with Judge Tomlinson's Chambers. Given Plaintiffs' pro se status, the Court certifies that any appeal of this Order would not be taken in good faith, and thus in forma pauperis status is DENIED for the purposes of any appeal. The Clerk of the Court is directed to amend the caption to substitute Nassau County as a defendant in place of Nassau County Social Services. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to pro se Plaintiffs Edson Maitland and Edson Maitland, Jr. So Ordered by Judge Joanna Seybert on 3/21/2017. C/M; C/ECF (Valle, Christine)