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05-428 - Sweringen et al v. New York State Dispute Resolution Association (NYSDRA) et al


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05-428 - Sweringen et al v. New York State Dispute Resolution Association (NYSDRA) et al
September 28, 2006
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ORDER granting Eliot Spitzer's 3 Motion to Dismiss; that the Clerk of the Court is directed to terminate defendant Eliot Spitzer from this case; that defendant NYSDRA's 4 Motion to Dismiss the complaint with respect to the second, and fourth causes of action is granted without prejudice to repleading; that to the extent plaintiff David Wilson and the John Doe plaintiffs assert negligence (fifth cause of action) and breach of fiduciary duty (sixth cause of action), defendant NYSDRA's motion to dismiss those claims are granted without prejudice to repleading; that the negligence (fifth cause of action) and breach of fiduciary duty (sixth cause of action) claims by plaintiff David Wilson and the John Doe plaintiffs are dismissed without prejudice to repleading; that defendant NYSDRA's motion to dismiss is otherwise denied it its entirety; that plaintiffs file an amended complaint, if any, on or before October 18, 2006. Signed by Judge Norman A. Mordue on 9/28/06. (jlr/sr)
August 17, 2007
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ORDER granting in part and denying in part 26 Motion to Dismiss. Ordered that defendant NYSDRAs motion to dismiss the complaint with respect to the second cause of action on behalf of plaintiffs Sweringen, Wilson and John Doe is granted; that defendant NYSDRAs motion to dismiss the complaint with respect to the fourth cause of action as alleged by plaintiff Sweringen is denied; that defendant NYSDRAs motion to dismiss the complaint with respect to the first cause of action on behalf of plaintiffs, Wilson and Doe, is denied; and that defendant NYSDRAs motion to dismiss is otherwise denied it its entirety. Signed by Judge Norman A. Mordue on 8/17/07. (jlr)
September 16, 2009
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ORDER: denying the # 48 Motion for Summary Judgment without prejudice to renewal upon filing, on or before 10/14/09, a certificate of service showing defendant has served plaintiffs with a copy of the motion and a copy of the Notice to Pro Se Litigants of Consequences of Failing to Respond to a Summary Judgment Motion. Upon renewal, defendant shall make the motion for Summary Judgment returnable on submission. The Court further rules granting the # 55 Motion to Withdraw as Attorney. Attorney John A. Aretakis terminated. Signed by Chief Judge Norman A. Mordue on 9/16/09. {Copy served upon non-ecf participants by regular mail} (jmb)
February 16, 2010
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MEMORANDUM-DECISION AND ORDER: Defendant's # 67 Motion for Summary Judgment is GRANTED. It is ORDERED that this action is DISMISSED in its entirety. Signed by Chief Judge Norman A. Mordue on 2/16/2010. {Copy served upon pro se Plaintiffs by regular mail} (mae)
February 16, 2010
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JUDGMENT in favor of New York State Dispute Resolution Association (NYSDRA) against David Wilson, John Doe(s), and Randall Sweringen. (Attachment: # (1) Appeal Notice) {Copy served upon pro se Plaintiffs by regular mail} (mae)