| Date Filed | Doc # | Docket Text |
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| 2011-10-03 | 1 | NOTICE OF REMOVAL from the Supreme Court of the State of New York, Queens County by US Department of Justice, Disclosure Statement on Civil Cover Sheet completed -no, (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Additional attachment(s) added on 10/4/2011: # 2 notice) (Bowens, Priscilla). (Entered: 10/04/2011) |
| 2011-10-04 | 2 | Consent MOTION for Extension of Time to File Answer, Move, or Otherwise Respond by US Department of Justice. (Soloveichik, Layaliza) (Entered: 10/04/2011) |
| 2011-10-04 | 3 | Consent MOTION for Extension of Time to File Answer, Move or Otherwise Respond (corrected) by US Department of Justice. (Soloveichik, Layaliza) (Entered: 10/04/2011) |
| 2011-10-05 | | Magistrate Judge Joan M. Azrack added. Magistrate Judge Marilyn D. Go no longer assigned to case. (Brown, Marc) (Entered: 10/05/2011) |
| 2011-10-05 | | Chief Judge Carol Bagley Amon added. Senior Judge Frederic Block no longer assigned to case. (Brown, Marc) (Entered: 10/05/2011) |
| 2011-10-06 | | ORDER granting 3 Motion for Extension of Time to File: For the reasons stated in letter motion 3 , the consent motion to extend the deadline for defendant U.S. Department of Justice to answer or otherwise respond to the Verified Petition to November 28, 2011, is GRANTED. Ordered by Magistrate Judge Joan M. Azrack on 10/6/2011. (Beauchamp, Peter) (Entered: 10/06/2011) |
| 2011-10-06 | 4 | Letter MOTION to Stay Action as Against City Defendants by Bloomberg, New York City Department of Education, New York City Park Department. (Dantowitz, Jeffrey) (Entered: 10/06/2011) |
| 2011-10-06 | | SCHEDULING ORDER: An Initial Conference will be held in Courtroom 6E, 225 Cadman Plaza East, before Magistrate Judge Azrack on November 21, 2011, at 2:00 PM. All counsel must be present and are advised to review Judge Azrack's revised Individual Rules, which are available on the District Court's web site, prior to the conference. Defense counsel is directed to confirm with pro se plaintiff that all necessary participants are aware of this conference . Any request for an adjournment must be made in the form of a letter motion filed on ECF at least forty-eight (48) hours before the scheduled conference and must indicate which parties consent to the adjournment. Ordered by Magistrate Judge Joan M. Azrack on 10/6/2011. (Beauchamp, Peter) (Entered: 10/06/2011) |
| 2011-11-07 | 5 | NOTICE of Appearance by Niall Diarmuid O'Murchadha on behalf of Verizon Communications (aty to be noticed) (O'Murchadha, Niall) (Entered: 11/07/2011) |
| 2011-11-07 | 6 | Letter Accompanying Motion by Verizon Communications (O'Murchadha, Niall) (Entered: 11/07/2011) |
| 2011-11-14 | | ORDER: re 4 Application to stay this action pending resolution of plaintiff's claim as against United States Department of Justice is GRANTED. So ordered by Chief Judge Carol Bagley Amon on 11/14/2011. (copy mailed to pro se plaintiff) (Liberatore, Marie) (Entered: 11/14/2011) |
| 2011-11-14 | 7 | Letter to the Court enclosing two notices by plaintiff in which he seeks to withdraw his claims against defendant DOJ by US Department of Justice (Attachments: # 1 Plaintiff's October 4 state court notice seeking to dismiss claims against the federal government, # 2 Plaintiff's October 12 letter to Chief Judge Amon seeking the dismissal of plaintiff's claims against the federal government) (Soloveichik, Layaliza) (Entered: 11/14/2011) |
| 2011-11-14 | 8 | MOTION to Dismiss Case as Frivolous by Verizon Communications. (O'Murchadha, Niall) (Entered: 11/14/2011) |
| 2011-11-17 | | ORDER: re 8 Letter filed by Defendant Verizon Communications is referred to Magistrate Judge Azrack. All dispositive motions filed in this action are referred to Magistrate Judge Azrack. So Ordered by Chief Judge Carol Bagley Amon on 11/17/2011. (copy mailed to pro se plaintiff) (Liberatore, Marie) (Entered: 11/17/2011) |
| 2011-11-21 | | ORDER: Based on letters from defendants informing the court of plaintiff's attempts to dismiss his federal claims and remand to state court, I hereby order that defendant Department of Justice prepare a draft stipulation of dismissal of the claims against the federal defendants to present to plaintiff at the initial conference on November 21, 2011, at 2:00 PM. If plaintiff fails to appear at the initial conference, this draft stipulation will be sent to plaintiff via mail. Ordered by Magistrate Judge Joan M. Azrack on 11/21/2011. (White, Sarah) (Entered: 11/21/2011) |
| 2011-11-21 | 9 | Notice of MOTION to Dismiss Case as Frivolous Res Judicata by Verizon Communications. Responses due by 11/28/2011 (O'Murchadha, Niall) (Entered: 11/21/2011) |
| 2011-11-21 | 10 | DECLARATION re 9 Notice of MOTION to Dismiss Case as Frivolous Res Judicata Declaration of Niall D. O'Murchadha in Support of Motion to Dismiss by Verizon Communications (O'Murchadha, Niall) (Entered: 11/21/2011) |
| 2011-11-21 | 15 | Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Initial Conference held on 11/21/2011. Appearance for Plaintiff: pro se Gadema K. Quoquoi. Appearances for Defendants: AUSA Layaliza Soloveichik (DOJ); Niall Diarmuid O'Murchadha, Esq. (Verizon); Assistant Attorney General Lakisha Spence (State); Assistant Corporation Counsel Jeffrey Dantowitz & Assistant Corporation Counsel Elizabeth Edmonds (City). Plaintiff signed stipulation of dismissal of claims against defendant DOJ; Upon request of defendants, the Court will retain jurisdiction to entertain defendants' motion to dismiss; Motion to dismiss from State defendants and City defendants due 12/5/11; Plaintiff's response due 1/3/12; Defendant Verizon's reply due with other defendants, on 1/24/12 (all defendants' reply due 1/24/12); Plaintiff has leave to file opposition to keeping the case in federal court. C/mailed to pro se Plaintiff by Chambers. (Latka-Mucha, Wieslawa) (Entered: 11/28/2011) |
| 2011-11-22 | 11 | NOTICE of Appearance by Lakisha Marie Spence on behalf of NYS Department of Social Services, NYS Governor, NYS OGS (aty to be noticed) (Spence, Lakisha) (Entered: 11/22/2011) |
| 2011-11-22 | 12 | MEMORANDUM of Law in Opposition to Defendant Verizon Communications' Notice of Motion to Dismiss the Verified Petition; filed by pro se Gadema K. Quoquoi, dated 11/14/2011. W/Attachments: # 1 Exhibits, # 2 Letter. (Latka-Mucha, Wieslawa) (Entered: 11/22/2011) |
| 2011-11-22 | 13 | Letter dated 11/16/2011 from pro se Gadema K. Quoquoi to Judge Amon, requesting "that both Motions from Verizon Communications be dismissed." W/Attachments. (Latka-Mucha, Wieslawa) (Modified) (Entered: 11/22/2011) |
| 2011-11-22 | 14 | STIPULATION AND ORDER DISMISSING PARTIES . IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff pro se Gadema K. Quoquoi and defendants by and through their respective undersigned counsel, that plaintiff's claims for relief as against defendant DOJ are hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii), without costs of any party as against the other. This dismissal shall not prejudice plaintiff s action against the remaining defendants. SO ORDERED by Chief Judge Carol Bagley Amon, on 11/21/2011. C/mailed to pro se Plaintiff. (Party U.S. Department of Justice terminated.) (Latka-Mucha, Wieslawa) (Entered: 11/22/2011) |
| 2011-12-05 | 16 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NYS Department of Social Services, NYS Governor, NYS OGS. (Spence, Lakisha) (Entered: 12/05/2011) |
| 2011-12-05 | 17 | MEMORANDUM in Support re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NYS Department of Social Services, NYS Governor, NYS OGS. (Spence, Lakisha) (Entered: 12/05/2011) |
| 2011-12-05 | 18 | AFFIDAVIT/DECLARATION in Support re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NYS Department of Social Services, NYS Governor, NYS OGS. (Spence, Lakisha) (Entered: 12/05/2011) |
| 2011-12-05 | 19 | AFFIDAVIT of Service for Declaration of Service served on Gadema K. Quoquoi on December 5, 2011 by over night mail, filed by NYS Department of Social Services, NYS Governor, NYS OGS. (Spence, Lakisha) (Entered: 12/05/2011) |
| 2011-12-05 | 20 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bloomberg, New York City Department of Education, New York City Park Department. (Dantowitz, Jeffrey) (Entered: 12/05/2011) |
| 2011-12-05 | 21 | AFFIDAVIT/DECLARATION in Support re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and other grounds filed by Bloomberg, New York City Department of Education, New York City Park Department. (Dantowitz, Jeffrey) (Entered: 12/05/2011) |
| 2011-12-05 | 22 | MEMORANDUM in Support re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and other grounds filed by Bloomberg, New York City Department of Education, New York City Park Department. (Dantowitz, Jeffrey) (Entered: 12/05/2011) |
| 2011-12-06 | 23 | Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and other grounds by Bloomberg, New York City Department of Education, New York City Park Department. (Dantowitz, Jeffrey) (Entered: 12/06/2011) |
| 2011-12-30 | 24 | REPLY / "Gadema Quoquoi's Motion to Dismiss Defendants' Motion to Dismiss [Plaintiff's] Petition" filed by Gadema K. Quoquoi, dated 12/30/2011. W/Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F, # 7 Appendix G, # 8 Appendix I, # 9 Appendix J. (Latka-Mucha, Wieslawa) (Entered: 01/04/2012) |
| 2011-12-30 | 25 | "MEMORANDUM OF LAW in Support of Petitioner's 24 Motion to Dismiss NYC Defendants' Motion" filed by pro se Gadema K. Quoquoi, dated 12/28/2011. (Latka-Mucha, Wieslawa) (Entered: 01/04/2012) |
| 2011-12-30 | 26 | "MEMORANDUM OF LAW in Support of Petitioner's 24 Motion to Dismiss NYS Defendants' Motion" filed by pro se Gadema K. Quoquoi, dated 12/30/2011. (Latka-Mucha, Wieslawa) (Entered: 01/04/2012) |
| 2012-01-05 | 27 | NOTICE of Appearance by William H. Bristow, III on behalf of NYS Department of Social Services, NYS Governor, NYS OGS (aty to be noticed) (Bristow, William) (Entered: 01/05/2012) |
| 2012-01-09 | 28 | REPLY in Support re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NYS Department of Social Services, NYS Governor, NYS OGS. (Bristow, William) (Entered: 01/09/2012) |
| 2012-01-09 | | MOTIONS REFERRED : Motions 9 , 16 , 20 and 23 are referred to Magistrate Judge Azrack for report and recommendation. So Ordered by Chief Judge Amon on 1/9/2012 (Liberatore, Marie) (Entered: 01/09/2012) |
| 2012-01-12 | 29 | AFFIDAVIT OF SERVICE / NOTICE of Change of Address; filed by pro se Gadema K. Quoquoi, dated 1/11/2012. (Docket Sheet Updated to reflect plaintiff's new address.) (Latka-Mucha, Wieslawa) (Entered: 01/17/2012) |
| 2012-01-23 | 30 | DECLARATION in Reply in Support of Motion to Dismiss by Verizon Communications (Attachments: # 1 Affidavit of Service) (O'Murchadha, Niall) (Entered: 01/23/2012) |
| 2012-01-23 | 31 | DECLARATION in Reply in Support of Verizon's Motion to Dismiss by Verizon Communications (Attachments: # 1 Affidavit of Service) (O'Murchadha, Niall) (Entered: 01/23/2012) |
| 2012-01-24 | 32 | REPLY to Response to Motion re 23 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and other grounds filed by Bloomberg, New York City Department of Education, New York City Park Department. (Attachments: # 1 Exhibit emails) (Dantowitz, Jeffrey) (Entered: 01/24/2012) |
| 2012-01-24 | 33 | MEMORANDUM in Support re 23 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and other grounds (reply brief) filed by Bloomberg, New York City Department of Education, New York City Park Department. (Dantowitz, Jeffrey) (Entered: 01/24/2012) |
| 2012-01-24 | 34 | Letter dated 1/23/12 from Gadema K. Quoquoi to USMJ Azrack, re: Article 78 and stating that pltff "strongly believes that this Court must prosecute this case." (Galeano, Sonia) (Entered: 01/27/2012) |
| 2012-02-27 | 35 | REPORT AND RECOMMENDATIONS re 20 , 23 , 16 , 9 , 8 Motions to Dismiss, and plaintiff's letter motion to remand: For the reasons stated in the attached Order, I respectfully recommend: (1) that plaintiffs claims against State defendants be remanded to state court; (2) that plaintiffs claims against Verizon be dismissed as frivolous; (3) that plaintiffs claims against City defendants be dismissed for failure to state a claim upon which relief can be granted; and (4) that plaintiff not be given leave to amend his complaint. Defendants are directed to serve a copy of this Report and Recommendation on plaintiff and to promptly file proof of service by ECF. Any objections to this Report and Recommendation must be filed with the Clerk of the Court, with a copy to the undersigned, within fourteen (14) days of receipt of this report. Failure to file objections within the specified time waives the right to appeal the District Courts order. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 72. Ordered by Magistrate Judge Joan M. Azrack on 2/27/2012. (White, Sarah) (Entered: 02/27/2012) |
| 2012-02-27 | 36 | AFFIDAVIT/AFFIRMATION of Service by Verizon Communications (O'Murchadha, Niall) (Entered: 02/27/2012) |
| 2012-02-28 | 37 | CERTIFICATE OF SERVICE by Bloomberg, New York City Department of Education, New York City Park Department re 35 REPORT AND RECOMMENDATIONS re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New York City Park Department, Bloomberg, New York City Department of Education, 23 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Dantowitz, Jeffrey) (Entered: 02/28/2012) |
| 2012-03-23 | 38 | NOTICE OF INTERLOCUTORY APPEAL as to 35 Report and Recommendation of 2/27/12 by Gadema K. Quoquoi. No fee paid. IFP pending. Service done electronically. (Attachments: # 1 USCA Form C) (McGee, Mary Ann) (Entered: 03/27/2012) |
| 2012-03-23 | 39 | MOTION for Leave to Appeal in forma pauperis by Gadema K. Quoquoi. (McGee, Mary Ann) (Entered: 03/27/2012) |
| 2012-03-27 | | Electronic Index to Record on Appeal sent to US Court of Appeals. 38 Notice of Interlocutory Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) (Entered: 03/27/2012) |
| 2012-03-28 | | ORDER REASSIGNING CASE. Case reassigned to Judge Roslynn R. Mauskopf for all further proceedings. Chief Judge Carol Bagley Amon no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 3/28/2012. (Brown, Marc) (Entered: 03/28/2012) |
| 2012-04-02 | 40 | OBJECTION/RESPONSE to 35 Report and Recommendations filed by Gadema K. Quoquoi. (Galeano, Sonia) (Entered: 04/03/2012) |
| 2012-04-03 | 41 | ORDER: In light of the procedural history set forth in the attached written Order, the Court hereby ORDERS that Quoquoi's objections to the R&R (Doc. No. 40) are deemed timely filed. Defendants shall have fourteen days from the date of this Order to file and serve any response(s) to these objections. Any defendant filing a response shall serve plaintiff and file with the Court proof of such service. The Court further recommends that Quoquoi consider whether he wishes to withdraw his interlocutory appeal to the Second Circuit in light of this Order. Quoquoi's motion for leave to appeal in forma pauperis (Doc. No. 39)is DENIED as the appeal is premature. The Court FURTHER ORDERS that the Clerk of Court send by overnight mail to Quoquoi a copy of this Order, and note such mailing and corresponding tracking number on the docket. The Clerk of Court is FURTHER ORDERED to transmit to the United States Court of Appeals for the Second Circuit a Supplemental Electronic Index to the Record on Appeal that contains this Order. Ordered by Judge Roslynn R. Mauskopf on 4/3/2012. (Mauskopf, Roslynn) (Entered: 04/03/2012) |
| 2012-04-04 | | Supplemental Record on Appeal re 41 Order, transmitted to US Court of Appeals re 38 Notice of Interlocutory Appeal. (Lee, Tiffeny) (Entered: 04/04/2012) |
| 2012-04-11 | 42 | MEMORANDUM in Support filed by Verizon Communications. (Attachments: # 1 Affidavit Affidavit of Service) (O'Murchadha, Niall) (Entered: 04/11/2012) |
| 2012-04-16 | 43 | MEMORANDUM in Opposition To Plaintiff's Objections To The Magistrate Judge's Report and Recommendation filed by NYS Department of Social Services, NYS Governor, NYS OGS. (Spence, Lakisha) (Entered: 04/16/2012) |
| 2012-04-16 | 44 | AFFIDAVIT of Service for Declaration of Service of State Defendant's Memorandum of Law In Opposition To Plainitff's Objections To The Magistrate Judge's Report and Recommendation served on Gadema K. Quoquoi, Jeffrey S. Dantowitz, and Niall D. O'Muchadha on April 16, 2012, filed by NYS Department of Social Services, NYS Governor, NYS OGS. (Spence, Lakisha) (Entered: 04/16/2012) |
| 2012-04-17 | 45 | NOTICE of Appearance by Elizabeth Edmonds on behalf of Bloomberg, New York City Department of Education, New York City Park Department (aty to be noticed) (Attachments: # 1 Declaration of Service of Notice of Appearance) (Edmonds, Elizabeth) (Entered: 04/17/2012) |
| 2012-04-17 | 46 | MEMORANDUM in Opposition to Plaintiff's Objections to the Report and Recommendation filed by Bloomberg, New York City Department of Education, New York City Park Department. (Attachments: # 1 Declaration of Service) (Edmonds, Elizabeth) (Entered: 04/17/2012) |
| 2012-04-23 | 47 | MOTION to Dismiss Defts' Motion to Adopt Judge Azrack's Report, filed by Gadema K. Quoquoi. (Galeano, Sonia) (Entered: 04/26/2012) |
| 2012-06-25 | 48 | ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set forth in the attached Memorandum and Order, defendants' motions are GRANTED as follows. Plaintiff's claims against State defendants are REMANDED to the Supreme Court of the State of New York, County of Queens. Plaintiff's claims against Verizon and the City defendants are DISMISSED with prejudice. The Clerk of Court is respectfully directed to enter judgment in favor of Verizon and the City defendants, and remand the claims against the State defendants to state court. The Clerk of Court is further directed to mail a copy of this Order to plaintiff, and close the case. Ordered by Judge Roslynn R. Mauskopf on 6/25/2012. (Mauskopf, Roslynn) (Entered: 06/25/2012) |
| 2012-06-26 | 49 | JUDGMENT that pltf Gadema K. Quoquoi claims against NYS Department of Social Services, NYS Governor, and NYS OGS are remanded to the Supreme Court of the Sate of New York, County of Queens; and pltfs. claims against defts Verizon Communication, New York City Department of Education, Mayor Bloomberg and New York City Park Department are dismissed with prejudice. Ordered by Michele Gapinski, Chief Deputy for Court Operations on 6/25/2012. (Greene, Donna) (Entered: 06/26/2012) |
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