Giordani v. U.S. Department Of Justice et al (1:22-cv-00642), New York Eastern District Court

Giordani v. U.S. Department Of Justice et al

New York Eastern District Court
Judge:	Ann M Donnelly
Referred:	Lois Bloom
Case #:	1:22-cv-00642
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:	Feb 04, 2022
Terminated:	Dec 09, 2022

Last checked: Wednesday Aug 03, 2022 4:48 AM EDT

Defendant City of New York
Defendant Paul Giordani	Represented By Angelo Grasso Greenfield Stein & Senior, LLP contact info Seth LeMaster Greenfield Stein & Senior, LLP contact info
Defendant Greenfield Stein and Senior, LLP	Represented By Angelo Grasso Greenfield Stein & Senior, LLP contact info Seth LeMaster Greenfield Stein & Senior, LLP contact info
Defendant Horwin Realty Inc.
Defendant John Does 1-100
Defendant Law Office of John Landers
Defendant New York State
Defendant U.S. Department Of Justice	Represented By Philip R. DePaul United States Attorney'S Office contact info
Plaintiff Alan Giordani 82-14 60th Road Middle Village, NY 11379

GPO Dec 07 2022
MEMORANDUM DECISION AND ORDER. The Court has reviewed the plaintiff's voluminous filings carefully, and has determined that they are wholly frivolous and that his claims are without merit. The plaintiff's claims against the Department of Justice and New York State must be dismissed without prejudice because dismissal is based on lack of subject matter jurisdiction, but his claims against the Private Defendants and New York City are dismissed with prejudice. The Clerk of Court is respectfully directed to close this case. Ordered by Judge Ann M. Donnelly on 12/7/2022. (DG)

Docket last updated: 8 hours ago

Tuesday, March 26, 2024
38		38 appeal USCA Mandate Tue 03/26 2:11 PM MANDATE of USCA as to36 Notice of Appeal, filed by Alan Giordani. IT IS HEREBY ORDERED that Appellants brief must be filed on or before November 2, 2023. The appeal is dismissed effective November 2, 2023 if the brief is not filed by that date. A motion to extend the time to file the brief or to seek other relief will not toll the filing date. See Local Rule 27.1(f)(1); cf. RLI Insurance Co. v. JDJ Marine, Inc., 716 F.3d 41, 43-45 (2d Cir. 2013). Issued as Mandate: 3/26/2024. USCA# 22-3223 (VJ) Related: [-]
Wednesday, February 01, 2023
		order Order(Other) Wed 02/01 3:10 PM ORDER: Counsel for defendant Paul Giordani requests that Greenfield Stein & Senior, LLP--his firm--be terminated from the docket, as their inclusion as a defendant was an error. ECF No.37 . The request is granted. The Clerk of Court is respectfully directed to terminate and remove Greenfield Stein & Senior, LLP from the docket in this action. Ordered by Magistrate Judge Lois Bloom on 2/1/2023. (IK) Related: [-]
Tuesday, January 31, 2023
37		37 misc Letter Tue 01/31 9:55 AM Letter by Paul Giordani, Greenfield Stein and Senior, LLP (LeMaster, Seth) Related: [-]
Wednesday, December 28, 2022
		appeal Electronic Index to Record on Appeal Wed 12/28 10:32 AM Electronic Index to Record on Appeal sent to US Court of Appeals.36 Notice of 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. (TT) Related: [-]
Tuesday, December 27, 2022
36		36 appeal Notice of Appeal Wed 12/28 10:25 AM NOTICE OF APPEAL as to34 Order on Motion to Amend/Correct/Supplement,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Hearing,,, Order on Motion for Sanctions,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,35 Clerk's Judgment, by Alan Giordani. Filing fee $ 505, receipt number 100003686. (TT) Related: [-]
Friday, December 09, 2022
35		35 order Judgment - Clerk Fri 12/09 3:50 PM CLERK'S JUDGMENT dated 12/9/22 that plaintiff's claims against the Department of Justice and New York State are dismissed without prejudice; and that his claims against the Private Defendants and New York City are dismissed with prejudice. ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 12/9/2022 ) c/m w/appeal pkg. (RG) Related: [-]
Wednesday, December 07, 2022
34		34 17 pgs order Order on Motion to Amend/Correct/Supplement Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Hearing Order on Motion for Sanctions Order on Motion to Dismiss/Lack of Jurisdiction Wed 12/07 6:56 PM MEMORANDUM DECISION AND ORDER. The Court has reviewed the plaintiff's voluminous filings carefully, and has determined that they are wholly frivolous and that his claims are without merit. The plaintiff's claims against the Department of Justice and New York State must be dismissed without prejudice because dismissal is based on lack of subject matter jurisdiction, but his claims against the Private Defendants and New York City are dismissed with prejudice. The Clerk of Court is respectfully directed to close this case. Ordered by Judge Ann M. Donnelly on 12/7/2022. (DG) Related: [-]
Tuesday, August 16, 2022
33		33 misc Letter Wed 08/17 3:08 PM Letter dated 8/9/22 from Alan Giordani, plaintiff pro se re: supplemental citation issued by Hon. Judge Montalvo from the Kings County Surrogate's Court, noticed for September 13, 2022. (Guzzi, Roseann) Related: [-]
Wednesday, August 10, 2022
32		32 misc Letter Wed 08/10 5:19 PM Letter to Judge Donnelly in Response to Alan Giordani's August 9 letter by Paul Giordani, Greenfield Stein and Senior, LLP (Grasso, Angelo) Related: [-]
		Att: 1 Exhibit 1: February 2022 Citation
Friday, August 05, 2022
31		31 respoth Reply in Support Fri 08/05 7:31 PM REPLY in Support re19 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by U.S. Department Of Justice. (DePaul, Philip) Related: [-]
30		30 respm Affidavit/Declaration in Support of Motion Fri 08/05 4:48 PM AFFIDAVIT/DECLARATION in Support re16 First MOTION to Dismiss for Failure to State a Claim filed by Paul Giordani, Greenfield Stein and Senior, LLP. (LeMaster, Seth) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Exhibit 5
29		29 respoth Reply in Support Fri 08/05 4:40 PM REPLY in Support of Private Defendants' Motion to Dismiss filed by Paul Giordani, Greenfield Stein and Senior, LLP. (LeMaster, Seth) Related: [-]
Friday, July 15, 2022
28		28 respm Response in Opposition to Motion Fri 07/15 11:20 AM RESPONSE in Opposition re19 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Alan Giordani. (Guzzi, Roseann) Related: [-]
		Att: 1 Letter dated 7/14/2022 from Alan Giordani, plaintiff pro se
Monday, July 11, 2022
		order Scheduling Order Mon 07/11 12:26 PM SCHEDULING ORDER: On June 14, 2022, I ordered the plaintiff to refile his memorandum in opposition to the defendant's motion to dismiss23 by June 28, 2022. The plaintiff did not file his opposition on that date, or otherwise move the Court for an extension of time. In light of the plaintiff's pro se status, I grant him until July 22, 2022 to submit his opposition. If the plaintiff does not submit his opposition by this date, the Court may consider the defendant's motion fully briefed. The defendant's reply, if any, is due by August 5, 2022. I remind the plaintiff that he is required to sign his opposition papers pursuant to FRCP 11 and serve copies to all other parties. Ordered by Judge Ann M. Donnelly on 7/11/2022. (Koenigsberg, Eric) Related: [-]
Wednesday, July 06, 2022
27		27 misc Letter Wed 07/06 4:45 PM Letter to Judge Donnelly in regard to Plaintiff's Amended Opposition by Paul Giordani, Greenfield Stein and Senior, LLP (LeMaster, Seth) Related: [-]
		Att: 1 Exhibit Exhibits 1-3
Tuesday, June 14, 2022
26		26 motion Extension of Time to File Response/Reply Tue 06/14 4:09 PM MOTION for Extension of Time to File Response/Reply extension to reply and to further consider the attached photographs that reveals the ongoing conditions complained by Alan Giordani. (Guzzi, Roseann) Related: [-]
		order Scheduling Order Tue 06/14 11:34 AM SCHEDULING ORDER: The Court is in receipt of the defendant's letters24 25 requesting that the Court reject the plaintiff's memorandum in opposition to the defendant's motion to dismiss23 . The plaintiff, who is an attorney, filed a 48 page, single-spaced brief; Rule 4(C) of this Court's Individual Practices and Rules sets a page limit of 25 pages. The plaintiff is directed to re-file his opposition by June 28, 2022. The plaintiff's opposition is not to exceed 25 pages, and must be double- spaced. In the future, the plaintiff is expected to follow the Court's Individual Practices and Rules. Ordered by Judge Ann M. Donnelly on 6/14/2022. (Koenigsberg, Eric) Related: [-]
Monday, June 13, 2022
25		25 misc Letter Mon 06/13 3:24 PM Letter to Judge Donnelly in response to Plaintiff's letter regarding Plaintiff's Violation of Rule 4(C) by Paul Giordani, Greenfield Stein and Senior, LLP (LeMaster, Seth) Related: [-]
Friday, June 10, 2022
24		24 misc Letter Fri 06/10 1:54 PM Letter to Judge Donnelly regarding Plaintiff's Violation of Rule 4(C) by Paul Giordani, Greenfield Stein and Senior, LLP (Grasso, Angelo) Related: [-]
Thursday, June 09, 2022
23		23 respm Response in Opposition to Motion Fri 06/10 9:05 AM Memorandum in Opposition to defendants' re19 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim ,16 First MOTION to Dismiss for Failure to State a Claim filed by Alan Giordani, plaintiff pro se. (Guzzi, Roseann) Related: [-]
Monday, May 09, 2022
22		22 misc Letter Mon 05/09 8:53 PM Letter Serving Plaintiff Pro Se with Defendant DOJ's Motion Papers by U.S. Department Of Justice (DePaul, Philip) Related: [-]
21		21 16 pgs respoth Memorandum in Support Mon 05/09 8:51 PM MEMORANDUM in Support re19 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by U.S. Department Of Justice. (DePaul, Philip) Related: [-]
20		20 notice Notice(Other) Mon 05/09 8:50 PM NOTICE by U.S. Department Of Justice re19 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Local Civil Rule 12.1 Notice to Pro Se Litigant Who Opposes a Rule 12 Motion to Dismiss Supported by Matters Outside of the Pleadings) (DePaul, Philip) Related: [-]
		Att: 1 Exhibit (Text of Fed. R. Civ. P. 56)
19		19 motion Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim Mon 05/09 8:46 PM MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by U.S. Department Of Justice. (DePaul, Philip) Related: [-]
18		18 motion Sanctions Mon 05/09 5:40 PM First MOTION for Sanctions by Paul Giordani, Greenfield Stein and Senior, LLP. (LeMaster, Seth) Related: [-]
17		17 motion Hearing Mon 05/09 5:37 PM MOTION for Hearing re16 First MOTION to Dismiss for Failure to State a Claim by Paul Giordani, Greenfield Stein and Senior, LLP. (LeMaster, Seth) Related: [-]
16		16 motion Dismiss for Failure to State a Claim Mon 05/09 5:31 PM First MOTION to Dismiss for Failure to State a Claim by Paul Giordani, Greenfield Stein and Senior, LLP. (LeMaster, Seth) Related: [-]
		Att: 1 Memorandum in Support Memorandum of Law in Support of Defendants' Motion to Dismiss
Wednesday, May 04, 2022
15		15 motion Amend/Correct/Supplement Wed 05/04 2:57 PM Letter MOTION to Amend/Correct/Supplement1 Complaint, by Alan Giordani. (Greene, Donna) Related: [-]
Friday, April 15, 2022
14		14 motion Extension of Time to File Document Fri 04/15 3:46 PM MOTION for Extension of Time to File Motion to Dismiss in Accordance with the Briefing Schedule Already Set for Co-Defendants Paul Giordani and Greenfield Stein and Senior LLP's Anticipated Motion to Dismiss this Matter by U.S. Department Of Justice. (DePaul, Philip) Related: [-]
13		13 notice Notice of Appearance Fri 04/15 3:40 PM NOTICE of Appearance by Philip R. DePaul on behalf of U.S. Department Of Justice (aty to be noticed) (DePaul, Philip) Related: [-]
		order Order on Motion for Extension of Time to File Fri 04/15 3:58 PM ORDER granting14 Motion for Extension of Time to File. DOJ's motion to dismiss is due by May 9, 2022. The plaintiff's opposition is due by June 8, 2022. DOJ's reply, if any, is due by June 22, 2022. Ordered by Judge Ann M. Donnelly on 4/15/2022. (Dang, Michelle) Related: [-]
Thursday, April 07, 2022
		order Scheduling Order Thu 04/07 10:47 AM SCHEDULING ORDER: Pursuant to Rule 4(A) of my Individual Practices and Rules, because the plaintiff is pro se , the pre-motion conference requirement is excused. The defendants' motion to dismiss is due by May 9, 2022. The plaintiff's opposition is due by June 8, 2022. The defendants' reply, if any, is due by June 22, 2022. Ordered by Judge Ann M. Donnelly on 4/7/2022. (Dang, Michelle) Related: [-]
Wednesday, April 06, 2022
12		12 misc Letter Wed 04/06 9:50 PM Letter to Judge Connelly in Further Support of Request for Pre-Motion Conference by Paul Giordani, Greenfield Stein and Senior, LLP (Grasso, Angelo) Related: [-]
Tuesday, March 22, 2022
11		11 respoth Reply in Opposition Wed 03/23 9:29 AM LETTER RESPONSE dated 3/12/2022 attached to letter (Surrogate's Court document objections, etc.) filed by Alan Giordani, plaintiff pro se. (Guzzi, Roseann) Related: [-]
Thursday, March 03, 2022
		order Scheduling Order Thu 03/03 10:57 AM SCHEDULING ORDER: The plaintiff's response to the defendants' motion for a pre-motion conference10 is due by March 17, 2022. The response must not exceed three pages. Ordered by Judge Ann M. Donnelly on 3/3/2022. (Dang, Michelle) Related: [-]
Wednesday, March 02, 2022
10		10 misc Letter Wed 03/02 10:11 PM Letter to Judge Connelly Requesting Pre-Motion Conference by Paul Giordani, Greenfield Stein and Senior, LLP (Grasso, Angelo) Related: [-]
		Att: 1 Exhibit Ex. #1 - 2002 Will,
		Att: 2 Exhibit Ex. #2 - 1999 Will,
		Att: 3 Exhibit Ex. #3 - May 8, 2019 Order,
		Att: 4 Exhibit Ex. #4 - Sep 16, 2019 Order,
		Att: 5 Exhibit Ex. #5 - Jan 21, 2020 Order,
		Att: 6 Exhibit Ex. #6 - Jan 12, 2022 Order,
		Att: 7 Exhibit Ex. #7 - Citations,
		Att: 8 Exhibit Ex. #8 - Feb 13 and 17, 2022 Emails
Tuesday, March 01, 2022
9		9 misc Status Report Tue 03/01 4:32 PM STATUS REPORT by Alan Giordani (Greene, Donna) Related: [-]
Thursday, February 17, 2022
7		7 notice Notice of Appearance Thu 02/17 12:34 PM NOTICE of Appearance by Seth LeMaster on behalf of Paul Giordani, Greenfield Stein and Senior, LLP (aty to be noticed) (LeMaster, Seth) Related: [-]
6		6 notice Notice of Appearance Thu 02/17 12:13 PM NOTICE of Appearance by Angelo Grasso on behalf of Paul Giordani, Greenfield Stein and Senior, LLP (aty to be noticed) (Grasso, Angelo) Related: [-]
Monday, February 14, 2022
5		5 8 pgs order Order on Motion to Show Cause Mon 02/14 2:35 PM MEMORANDUM DECISION AND ORDER. The portion of the plaintiff's complaint challenging the New York Surrogate's Court proceeding involving the probate of his mother's estate is dismissed. The plaintiff's request for a temporary restraining order to stay the February 15, 2022 hearing and the Surrogate's Court's issuance of Letters Testamentary is denied. The plaintiff is directed to file a status report by March 1, 2022, informing the Court whether he intends to proceed with this action, and whether he intends to file an amended complaint. No summons will issue at this time, and all further proceedings will be stayed until March 1, 2022. The Clerk of Court is respectfully directed to mail a copy of this Memorandum Decision and Order to the plaintiff and to note mailing on the docket. Ordered by Judge Ann M. Donnelly on 2/14/2022. (Greene, Donna) Related: [-]
Monday, February 07, 2022
4		4 misc Filing Fee Received Tue 02/08 4:41 PM FILING FEE: $ 402.00, receipt number 4653162939 (Almonte, Giselle) Related: [-]
Friday, February 04, 2022
3		3 misc Clerks Notice of Rule 73 Fri 02/04 11:46 AM In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Neptune, Pierre) Related: [-]
2		2 motion Show Cause Fri 02/04 11:42 AM MOTION for Order to Show Cause by Alan Giordani. (Neptune, Pierre) Related: [-]
1		1 cmp Complaint Fri 02/04 11:41 AM COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Alan Giordani. #3 Filing Fee - $402 Check) #4 Additional Pages of Complaint w/ OTSC) (Neptune, Pierre) Related: [-]
		Att: 1 Exhibit Exhibits,
		Att: 2 Civil Cover Sheet

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