United States Government Publishing Office publisher pbl distributor dst United States United States District Court Eastern District of New York author aut Government Organization text government publication eng USCOURTS Judicial Publications judicial 2021-05-12 Administrative Office of the United States Courts 2019-11-12 monographic deposited born digital JU 4.15 https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938 P0b002ee1adf2d7fc DGPO 2021-05-12 2021-05-12 USCOURTS-nyed-2_14-cv-05938 machine generated eng fdlp USCOURTS USCOURTS-nyed-2_14-cv-05938 District nyed 2nd New York 2351 2:14-cv-05938 Central Islip civil 190 Other Contract Actions 28:1332 Diversity-Contract Dispute 2:14-cv-05938 https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938 JU 4.15 2:14-cv-05938;14-5938 United States District Court Eastern District of New York 2nd Circuit Central Islip U.S. Courts author aut County of Nassau County of Nassau Defendant Fawn - Nita Lunn Lunn Fawn - Nita Defendant Edson Maitland Maitland Edson Plaintiff Edson Maitland, Jr. Maitland, Jr. Edson Plaintiff Town of Hempstead, NY Town of Hempstead, NY Defendant USCOURTS USCOURTS-nyed-2_14-cv-05938 District nyed 2nd New York 2351 2:14-cv-05938 Central Islip civil 190 Other Contract Actions 28:1332 Diversity-Contract Dispute New York 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) 0 2016-03-04 D09002ee1adffcdb3 https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938/USCOURTS-nyed-2_14-cv-05938-0 nyed-2_14-cv-05938_0.pdf https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938/USCOURTS-nyed-2_14-cv-05938-0 https://www.govinfo.gov/content/pkg/USCOURTS-nyed-2_14-cv-05938/pdf/USCOURTS-nyed-2_14-cv-05938-0.pdf USCOURTS 2:14-cv-05938; Maitland et al v. Lunn et al; United States District Court Eastern District of New York New York USCOURTS-nyed-2_14-cv-05938-0 0 2016-03-04 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) on Maitland, Jr. So Ordered by Judge Joanna Seybert on 3/21/2017. C/M; C/ECF (Valle, Christine) (Main Document 62 replaced on 3/22/2017) (Valle, Christine).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 Eds 1 2017-03-21 D09002ee1adffcdb4 https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938/USCOURTS-nyed-2_14-cv-05938-1 nyed-2_14-cv-05938_1.pdf https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938/USCOURTS-nyed-2_14-cv-05938-1 https://www.govinfo.gov/content/pkg/USCOURTS-nyed-2_14-cv-05938/pdf/USCOURTS-nyed-2_14-cv-05938-1.pdf USCOURTS 2:14-cv-05938; Maitland et al v. Lunn et al; United States District Court Eastern District of New York New York USCOURTS-nyed-2_14-cv-05938-1 1 2017-03-21 on Maitland, Jr. So Ordered by Judge Joanna Seybert on 3/21/2017. C/M; C/ECF (Valle, Christine) (Main Document 62 replaced on 3/22/2017) (Valle, Christine).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 Eds fs forthwith by first-class mail and email, if feasible, and to file proof of such service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/19/2018. (McCuiston, Hannah)ORDER granting, in part, 79 Motion to Compel; granting in part and denying in part 84 Motion to Continue. SEE ATTACHED ORDER for details. Counsel for the Defendant Town of Hempstead is directed to serve a copy of this Order on the pro se Plaintif 2 2018-09-19 D09002ee1adffcdb2 https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938/USCOURTS-nyed-2_14-cv-05938-2 nyed-2_14-cv-05938_2.pdf https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938/USCOURTS-nyed-2_14-cv-05938-2 https://www.govinfo.gov/content/pkg/USCOURTS-nyed-2_14-cv-05938/pdf/USCOURTS-nyed-2_14-cv-05938-2.pdf USCOURTS 2:14-cv-05938; Maitland et al v. Lunn et al; United States District Court Eastern District of New York New York USCOURTS-nyed-2_14-cv-05938-2 2 2018-09-19 fs forthwith by first-class mail and email, if feasible, and to file proof of such service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/19/2018. (McCuiston, Hannah)ORDER granting, in part, 79 Motion to Compel; granting in part and denying in part 84 Motion to Continue. SEE ATTACHED ORDER for details. Counsel for the Defendant Town of Hempstead is directed to serve a copy of this Order on the pro se Plaintif ORDER finding as moot 97 Motion for Summary Judgment; finding as moot 103 Motion for Summary Judgment. For the foregoing reasons, because the Court lackssubject matter jurisdiction as to the claims asserted against the Town and the County, it dismisses those claims and will not pass on Defendants motions for summary judgment With regard to Defendant Lunn, Federal Rule of CivilProcedure 4(m) directs that if service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint, the action may be dismissed without prejudice after notice to the Plaintiff. See FED. R. CIV. P. 4(m). More than 90 days have passed since the Amended Complaint was filed. Plaintiffs are hereby given notice that if they do not file proof of service by August 30, 2019, the case will be dismissed as to DefendantLunn. Ordered by Judge Joanna Seybert on 7/2/2019. (Bollbach, Jean) 3 2019-07-02 D09002ee1adffcdb0 https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938/USCOURTS-nyed-2_14-cv-05938-3 nyed-2_14-cv-05938_3.pdf https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938/USCOURTS-nyed-2_14-cv-05938-3 https://www.govinfo.gov/content/pkg/USCOURTS-nyed-2_14-cv-05938/pdf/USCOURTS-nyed-2_14-cv-05938-3.pdf USCOURTS 2:14-cv-05938; Maitland et al v. Lunn et al; United States District Court Eastern District of New York New York USCOURTS-nyed-2_14-cv-05938-3 3 2019-07-02 ORDER finding as moot 97 Motion for Summary Judgment; finding as moot 103 Motion for Summary Judgment. For the foregoing reasons, because the Court lackssubject matter jurisdiction as to the claims asserted against the Town and the County, it dismisses those claims and will not pass on Defendants motions for summary judgment With regard to Defendant Lunn, Federal Rule of CivilProcedure 4(m) directs that if service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint, the action may be dismissed without prejudice after notice to the Plaintiff. See FED. R. CIV. P. 4(m). More than 90 days have passed since the Amended Complaint was filed. Plaintiffs are hereby given notice that if they do not file proof of service by August 30, 2019, the case will be dismissed as to DefendantLunn. Ordered by Judge Joanna Seybert on 7/2/2019. (Bollbach, Jean) AMENDED ORDER Re: 129 Order; For the foregoing reasons, and in light of multiple extensions of time, assistance from the Court, and the USMS's unsuccessful service attempt, the case is DISMISSED as to Defendant Lunn WITHOUT PREJUDICE. There are no remaining Defendants. Given Plaintiffs' pro se status, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for purposes of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). The Clerk of the Court is directed to mark this case CLOSED and mail a copy of this Order to the pro se Plaintiffs. So Ordered by Judge Joanna Seybert on 11/12/2019. C/M (Valle, Christine) 4 2019-11-12 D09002ee1adffcdb1 https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938/USCOURTS-nyed-2_14-cv-05938-4 nyed-2_14-cv-05938_4.pdf https://www.govinfo.gov/app/details/USCOURTS-nyed-2_14-cv-05938/USCOURTS-nyed-2_14-cv-05938-4 https://www.govinfo.gov/content/pkg/USCOURTS-nyed-2_14-cv-05938/pdf/USCOURTS-nyed-2_14-cv-05938-4.pdf USCOURTS 2:14-cv-05938; Maitland et al v. Lunn et al; United States District Court Eastern District of New York New York USCOURTS-nyed-2_14-cv-05938-4 4 2019-11-12 AMENDED ORDER Re: 129 Order; For the foregoing reasons, and in light of multiple extensions of time, assistance from the Court, and the USMS's unsuccessful service attempt, the case is DISMISSED as to Defendant Lunn WITHOUT PREJUDICE. There are no remaining Defendants. Given Plaintiffs' pro se status, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for purposes of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). The Clerk of the Court is directed to mark this case CLOSED and mail a copy of this Order to the pro se Plaintiffs. So Ordered by Judge Joanna Seybert on 11/12/2019. C/M (Valle, Christine)