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11-368 - DeLaRosa v. United States of America et al


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11-368 - DeLaRosa v. United States of America et al
September 11, 2012
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ORDER OF RECUSAL: Judge Glenn T. Suddaby recused due to conflict with his previous role as United States Attorney. Case randomly reassigned to Judge Norman A. Mordue for all further proceedings. Signed by Judge Glenn T. Suddaby on 9/11/2012. (jmb) {Copy sent to pro se plaintiff by regular mail}
September 24, 2012
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MEMORANDUM-DECISION & ORDER: It is ordered that the # 12 Motion to Dismiss the Initial Complaint for Failure to State a Claim is DENIED AS MOOT, if the defendant wishes to dismiss the # 18 Amended Complaint, a new motion will need to be filed within 30 days of this Order. Signed by Judge Norman A. Mordue on 9/24/2012. (jmb) {Copy served upon pro se plaintiff by regular mail}
May 24, 2013
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MEMORANDUM-DECISION AND ORDER granting in part and denying in part 28 Motion to Dismiss. Signed by Judge Norman A. Mordue on 5/24/2013. (dpk)
August 26, 2013
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MEMORANDUM-DECISION AND ORDER denying 31 MOTION for Reconsideration. ORDERED that the 33 Motion is granted. It is further ORDERED that the 31 Motion is DENIED with prejudice insofar as it seeks reconsideration, and denied without prejudice insofar as it seeks summary judgment. It is further ORDERED that the Government may make a summary judgment motion limited to the question of exhaustion of administrative remedies in accordance with this decision. Signed by Senior Judge Norman A. Mordue on 8/26/2013. [Sent copy of Order to pro se plaintiff via regular mail] (dpk)
September 22, 2014
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MEMORANDUM-DECISION AND ORDER granting 48 Motion for Summary Judgment. ORDERED that the 48 motion for summary judgment dismissing plaintiff's Federal Tort Claims Act causes of action is granted. It is further ORDERED that all claims against the United States are dismissed for lack of subject-matter jurisdiction. It is further ORDERED that the case will proceed solely on plaintiff's remaining Bivens claims against Agents Jusianiec and McCoy. Signed by Senior Judge Norman A. Mordue on 9/22/2014. (dpk)
March 27, 2015
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MEMORANDUM-DECISION AND ORDER denying 63 Motion for Summary Judgment. Signed by Senior Judge Norman A. Mordue on 3/27/15. {pro se plaintiff served via regular mail on 3/27/15} (tab)
December 14, 2015
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REPORT-RECOMMENDATION AND ORDER re 86 MOTION to Dismiss For Failure to Prosecute and for Sanctions filed by United States of America. RECOMMENDED that defendants' motion to dismiss for failure to prosecute be DENIED. It is further RECOMMENDED that defendants' motion seeking the imposition of monetary sanctions is GRANTED to the extent that plaintiff be required to pay defendants' counsel $500.00 within sixty (60) days from the date of the adoption of this Report-Recommendation and Order. Objections to R&R due by 12/31/2015. Case Review Deadline 1/4/2016. Signed by Magistrate Judge Christian F. Hummel on 12/14/2015. (Attachments: # (1) Exhibit - Barney v. Consolidated Edison Co. of New York (2006), # (2) Exhibit - Pope v. County of Albany (2015)) (dpk)
January 28, 2016
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MEMORANDUM-DECISION and ORDER adopting Report and Recommendation 92. ORDERED that the motion by defendants for dismissal and/or sanctions, Dkt. No. 86, is granted in part and denied in part; the Court accepts the recommendation of sanctions in the sum of $500 payable to defendants' counsel 60 days from the date of this Order and the Court agrees with MJ Hummel's determination that the harsh remedy of dismissal is not appropriate. The Court advises plaintiff that failure to appear for her deposition (1/29/2016 at 10:00 AM) or failure to comply with Court orders may result in the dismissal of this action. Signed by Senior Judge Norman A. Mordue on 1/28/2016. [Copy of MDO served on pltf by regular mail and certified return receipt].(lah, )
June 15, 2016
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MEMORANDUM-DECISION and ORDER. ORDERED that defendants' motion, Dkt. No. 100, is held in abeyance to enable defendants to conduct discovery regarding plaintiff's financial situation; ORDERED that financial discovery is to be completed on or before 7/15/2016; ORDERED that any discovery disputes are referred to U.S. Magistrate Judge Christian F. Hummel; ORDERED that defendants may supplement their Rule 41(b) motion, Dkt. No. 100, within 10 days after the close of financial discovery; ORDERED that plaintiff may respond to defendants' supplemental submission within 10 days thereafter, after which time this Court will decide the motion 100. ORDERED that PLAINTIFF IS ADVISED THAT FAILURE TO COOPERATE IN FINANCIAL DISCOVERY BY DEFENDANTS OR FAILURE OTHERWISE TO COMPLY WITH ORDERS OF THIS COURT AND MAGISTRATE JUDGE HUMMEL MAY RESULT IN DISMISSAL OF THE ACTION AND/OR FURTHER SANCTIONS, INCLUDING AN AWARD OF ATTORNEY'S FEES PAYABLE TO DEFENDANTS' COUNSEL.. Signed by Senior U.S. District Judge Norman A. Mordue on 6/15/2016. (lah)[copy served on pltf by both certified and regular mail]