This case was last updated from PACER on 02/15/2020 at 08:19:33 (UTC).

McCluskey v. Spitzberg et al

Case Summary

On 12/17/2019 McCluskey filed a Civil Right - Other Civil Right lawsuit against Spitzberg. This case was filed in U.S. District Courts, New York Eastern District. The Judges overseeing this case are Roslynn R. Mauskopf and Arlene R. Lindsay. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-07060

  • Filing Date:

    12/17/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Eastern District

Judge Details

Presiding Judge

Roslynn R. Mauskopf

Referral Judge

Arlene R. Lindsay

 

Party Details

Plaintiff

Peter McCluskey

Lynbrook, NY 11563

Defendants

James Ryan, III

New York Office of Temporary and Disability Assistance

Richard Levchuck

Ms. Lee

Frank Seminero

Samuel Spitzberg

Robert Morelli

Attorney/Law Firm Details

Defendant Attorney

Antonella Falzarano

Attorney at New York State Attorney General's Office

300 Motor Parkway Suite 230

Hauppauge, NY 11788

 

Court Documents

#15

(#15) MOTION to Amend/Correct/Supplement #1 Complaint filed by Peter McCluskey. (Attachments: #1 Amended Complaint Memorandum of Law, #2 Proposed Amened Complaint, #3 Affirmation of Service) (Almonte, Giselle) (Entered: 02/13/2020)

#1

(#1) COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Peter McCluskey. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) (Entered: 12/18/2019)

15 #1

Amended Complaint Memorandum of Law

15 #2

Proposed Amened Complaint

15 #3

Affirmation of Service

1 #1

Civil Cover Sheet

12 #4

Memorandum in Support

12 #3

Memorandum in Opposition

#12

(#12) First MOTION to Dismiss for Failure to State a Claim by Lee, Richard Levchuck, Robert Morelli, New York Office of Temporary and Disability Assistance, James Ryan, III, Frank Seminero, Samuel Spitzberg. (Attachments: #1 Declaration, #2 Exhibit Complaint, #3 Memorandum in Opposition, #4 Memorandum in Support) (Falzarano, Antonella) (Entered: 02/11/2020)

12 #2

Exhibit Complaint

12 #1

Declaration

#13

(#13) First MOTION to Dismiss for Failure to State a Claim by Lee, Richard Levchuck, Robert Morelli, New York Office of Temporary and Disability Assistance, James Ryan, III, Frank Seminero, Samuel Spitzberg. (Falzarano, Antonella) (Entered: 02/11/2020)

#14

(#14) RESPONSE in Opposition re #12 First MOTION to Dismiss for Failure to State a Claim , #13 First MOTION to Dismiss for Failure to State a Claim , filed by Peter McCluskey. (Almonte, Giselle) (Entered: 02/12/2020)

#11

(#11) REPLY in Opposition re: #9 First MOTION for pre motion conference, filed by Peter McCluskey. (Almonte, Giselle) (Entered: 01/17/2020)

#9

(#9) First MOTION for pre motion conference by Lee, Richard Levchuck. (Falzarano, Antonella) (Entered: 01/10/2020)

#10

(#10) NOTICE of Appearance by Antonella Falzarano on behalf of All Defendants (aty to be noticed) (Falzarano, Antonella) (Entered: 01/15/2020)

#8

(#8) Letter dated January 6, 2020 to pro se office filed by Peter McCluskey enclosing seven Waiver of Service returns. (Attachments: #1 Waivers of Service of Summons) (Almonte, Giselle) (Entered: 01/09/2020)

8 #1

Waiver of Service of Summons

16 More Documents Available

 

Docket Entries

  • 02/12/2020
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  • Docket(#15) MOTION to Amend/Correct/Supplement #1 Complaint filed by Peter McCluskey. (Attachments: #1 Amended Complaint Memorandum of Law, #2 Proposed Amened Complaint, #3 Affirmation of Service) (Almonte, Giselle) (Entered: 02/13/2020)

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  • 02/12/2020
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  • Docket(#14) RESPONSE in Opposition re #12 First MOTION to Dismiss for Failure to State a Claim , #13 First MOTION to Dismiss for Failure to State a Claim , filed by Peter McCluskey. (Almonte, Giselle) (Entered: 02/12/2020)

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  • 02/11/2020
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  • Docket(#13) First MOTION to Dismiss for Failure to State a Claim by Lee, Richard Levchuck, Robert Morelli, New York Office of Temporary and Disability Assistance, James Ryan, III, Frank Seminero, Samuel Spitzberg. (Falzarano, Antonella) (Entered: 02/11/2020)

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  • 02/11/2020
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  • Docket(#12) First MOTION to Dismiss for Failure to State a Claim by Lee, Richard Levchuck, Robert Morelli, New York Office of Temporary and Disability Assistance, James Ryan, III, Frank Seminero, Samuel Spitzberg. (Attachments: #1 Declaration, #2 Exhibit Complaint, #3 Memorandum in Opposition, #4 Memorandum in Support) (Falzarano, Antonella) (Entered: 02/11/2020)

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  • 01/17/2020
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  • Docket(#11) REPLY in Opposition re: #9 First MOTION for pre motion conference, filed by Peter McCluskey. (Almonte, Giselle) (Entered: 01/17/2020)

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  • 01/15/2020
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  • Docket(#10) NOTICE of Appearance by Antonella Falzarano on behalf of All Defendants (aty to be noticed) (Falzarano, Antonella) (Entered: 01/15/2020)

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  • 01/13/2020
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  • DocketORDER denying #9 Motion for Pre-Motion Conference and setting a briefing schedule. A pre-motion conference is unnecessary in this pro se case. Defendants shall serve their motion to dismiss on plaintiff on or before 1/31/2020; plaintiff shall mail a copy of his response to the motion to defendants' attorney on or before 2/21/2020; and defendants shall serve their reply, if any, on plaintiff and electronically file the fully briefed motion with the Court (and mail courtesy copies to chambers) on or before 3/6/2020. The Clerk of Court is respectfully requested to mail a copy of this order to plaintiff and to note the mailing on the docket sheet. Ordered by Judge Roslynn R. Mauskopf on 1/13/2020. (Caspari, Alexander) (Entered: 01/13/2020)

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  • 01/10/2020
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  • Docket(#9) First MOTION for pre motion conference by Lee, Richard Levchuck. (Falzarano, Antonella) (Entered: 01/10/2020)

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  • 01/08/2020
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  • Docket(#8) Letter dated January 6, 2020 to pro se office filed by Peter McCluskey enclosing seven Waiver of Service returns. (Attachments: #1 Waivers of Service of Summons) (Almonte, Giselle) (Entered: 01/09/2020)

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  • 12/30/2019
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  • Docket(#7) WAIVER OF SERVICE Returned Executed by Lee, Richard Levchuck. All Defendants. (Falzarano, Antonella) (Entered: 12/30/2019)

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  • 12/30/2019
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  • Docket(#6) Letter dated 12/21/2019 from PETER MCCLUSKEY advising the Court that the copy of the Complaint in the above action mailed to you on December 18, 2019, along with the Notice of Lawsuit, contains an important typographical error. In paragraph 10, the citation 18 NYCRR 387.22 should read 18 NYCRR 387.12 (c). (Marziliano, August) (Entered: 12/30/2019)

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  • 12/20/2019
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  • Docket(#5) Letter dtd 12/20/19 from pro se office to pro se RE: this letter acknowledged receipt of your civil action. (Bollbach, Jean) (Entered: 12/23/2019)

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  • 12/18/2019
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  • Docket(#4) Notice of Related Cases: 17-cv-5873-RRM-ARL and 19-cv-2386-RRM-ARL (Cox, Dwayne) (Entered: 12/18/2019)

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  • 12/18/2019
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  • Docket(#3) 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: #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. (Cox, Dwayne) (Entered: 12/18/2019)

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  • 12/17/2019
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  • (#2) Summons Issued as to All Defendants. (Cox, Dwayne) (Entered: 12/18/2019)

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  • 12/17/2019
  • FILING FEE: $ 400.00, receipt number 29012 (Cox, Dwayne) (Entered: 12/18/2019)

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  • 12/17/2019
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  • (#1) COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Peter McCluskey. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) (Entered: 12/18/2019)

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