Perdum v. Forest City Ratner Companies et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION: In a Report and Recommendation dated 5/3/12, Judge Pohorelsky recommended dismissing Perdum's claims against Pathmark, lifting the stay, and continuing the action with respect to the other defendants. Neither side filed objections. Having reviewed the Report and Recommendation, the Court adopts it. On 5/11/12, Plaintiff filed a motion for summary judgment challenging a summons for trespassing issued by the NYPD. The summons appears to be the sa me summons at issue in plaintiff's 4/12/12 motion to quash, which Judge Pohorelsky denied for lack of jurisdiction later that month. Likewise, this Court lacks jurisdiction to provide plaintiff his requested relief. Perdum's motion is therefore denied. C/M. Ordered by Judge Raymond J. Dearie on 6/28/2012. (Chee, Alvin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

-------------------------------------------------------- )(
JOESPH K. PERDUM, SR.,
ORDER

Plaintiff,
11 CV 315 (RJD) (VVP)

- against FOREST CITY RATNER COMPANIES,
TARGET STORES, and PATHMARK
STORES, INC.,
Defendants.

-------------------------------------------------------- )(
DEARIE, District Judge.
Pro se plaintiff Joseph Perdum alleges that the defendant stores discriminated against
him, on the basis of his disability, by not providing handicapped parking. Compl. at 4. On
February 16,2011, Pathmark Stores, Inc. filed a notice of its petition for bankruptcy,
automatically staying proceedings in this case. See ECF Docket # 8. Pathmark wrote Magistrate
Judge Viktor Pohorelsky on April 27, 2012 that the Bankruptcy Court had issued an order
discharging Pathmark from liability for various claims, including those asserted by plaintiff. See
ECF Docket # 17. In a May 3, 2012 Report and Recommendation, Judge Pohorelsky
recommended dismissing Perdum's claims against Pathmark, lifting the stay, and continuing the
action with respect to the other defendants. See ECF Docket # 18. The Report warned the
parties that failure to respond would waive their right to appeal this Court's order adopting the
Report and Recommendation. Neither side filed objections. Having reviewed the Report and
Recommendation, the Court adopts it.
On May 11, 2012, Plaintiff filed a motion for summary judgment challenging a summons
for trespassing issued by the NYPD. See ECF Docket # 19. The summons appears to be the

same summons at issue in plaintiffs April 12, 2012 motion to quash, which Judge Pohorelsky
denied for lack of jurisdiction later that month. See ECF Docket # 14, 16. Likewise, this Court
lacks jurisdiction to provide plaintiff his requested relief. Perdum's motion is therefore denied.
For the reasons stated above, plaintiffs claims against Pathmark are dismissed, the stay is
lifted, and the action may be continued with respect to the remaining defendants.
SO ORDERED.
Dated:

Brook1l~'

New York

June~2012

s/ Judge Raymond J. Dearie

ili~EARIE

United tate

2

lstnct Judge