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Blodnick Fazio & Clark
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Order | Filed: April 24, 2024 | Entered: April 24, 2024 SCOTTO v. THE COMMISSION et al
Civil Rights: Other | New Jersey
Order
TEXT ORDER: This matter comes before the Court upon the letter from Edward K. Blodnick received by the Court on April 15, 2024 (ECF No. 30 ). Mr. Blodnick indicates that he has been retained as counsel for pro se Plaintiff and requests a 45-day extension of the Court's deadline for Plaintiff to file an amended complaint. On February 29, 2024, the Court granted pro se Plaintiff's application to proceed in forma pauperis, screened Plaintiff's amended complaint pursuant to 28 U.S.C. § 1915(e), and dismissed the complaint without prejudice (ECF No. 27 ). Plaintiff appealed the Court's Order, (ECF No. 28 ), which is now pending before the Third Circuit Court of Appeals, (ECF No. 29 ). "[T]he pendency of the appeal divests the district court of jurisdiction to consider [a] 'motion to amend' unless and until the court of appeals remands the matter to the district court." United States v. Santarelli, 929 F.3d 95, 106 (3d Cir. 2019) (citing Hernandez v. Coughlin, 18 F.3d 133, 138 (2d Cir. 1994)). Therefore, Plaintiff's requested extension to file an amended pleading is denied because this Court lacks jurisdiction in light of the pending appeal. So Ordered by Judge Robert Kirsch on 04/24/2024. (pdm)
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Order | Filed: September 25, 2023 | Entered: September 25, 2023 Gambino, DC et. al. v. Village of Freeport, NY et. al.
Civil Rights: Other | New York Eastern
~Util - Terminate Civil Case
Civil Case Terminated. (WV)
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Order | Filed: July 22, 2022 | Entered: July 22, 2022 Gambino, DC et. al. v. Village of Freeport, NY et. al.
Civil Rights: Other | New York Eastern
Order Dismissing Parties
Stipulaton of Dismissal without Prejudice. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the plaintiffs and the attorneys of record for defendants, JOSEPH MADIGAN, DANIEL HINTON AND VILMA LANCASTER in the above entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued without prejudice, as against defendants, JOSEPH MADIGAN, DANIEL HINTON AND VILMA LANCASTER, without costs to either party as against the other. Party Joseph Madigan, Daniel Hinton and Vilma Lancaster terminated. So Ordered by Chief Judge Margo K. Brodie on 7/22/2022. (Piper, Francine)
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