Taldone et al v. Barbash et al

Filing 6

ORDER: SO ORDERED that for the reasons set forth in the May 5, 2014 order, the complaint is sua sponte dismissed pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. The Clerk of the Court shall close this case and, pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, serve notice of entry of this Order upon all parties in accordance with Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket. T he Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 6/17/2014. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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WENDY T ALDONE, THOMAS BRIKSZA,
Plaintiffs,
ORDER
14-CV-2147 (SJF)(AKT)

-againstSUSAN BARBASH, ERIC KATZ,
MARIA A VITABLE, PETE HANNAH,
BARBARA FISHKIND, JAMIE WINKLER,
as individuals and/or employees and/or
owner/operators of South Shore Restoration
Group, HARBOUR CLUB, LLC, WINKLER
REAL ESTATE, DOES 1-12,

FILED
IN CLERK'S OFFICE
US DISTRICT COURT E D N y

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JVN ll ~OH

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LONG ISLAND OFFICE

Defendants.

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FEUERSTEIN, District Judge:
On April3, 2014,pro se plaintiffs Wendy Taldone aod Thomas Briksza ("plaintiffs")
filed: (1) a complaint in this Court against Susan Barbash ("Barbash"), Eric Katz ("Katz"),
Maria Avitable ("A vitable"), Pete Hannab ("Hannab"), Barbara Fishkind ("Fishkind"), Jamie
Winkler ("Winkler"), Harbour Club, LLC, Winkler Real Estate and twelve (12) unidentified
defendants named as '"Does 1-12" (collectively, "defendants"), alleging state law claims seeking

damages for fraud, negligence, conspiracy to defraud, breach of contract and ''malice" arising
from a residential lease agreement into which the parties entered in March 2013; and (2) an
application to proceed in forma pauperis. By order dated May 5, 2014, plaintiffs' applications
for leave to proceed in forma pauperis were granted and plaintiffs were advised that their
complaint would be sua sponte dismissed pursuant to Rule 12(h)(3) of the Federal Rules of Civil
Procedure for lack of subject matter jurisdiction unless they filed an amended complaint on or
before June 9, 2014. Plaintiffs have not filed an amended complaint in accordance with the May

..
5, 2014 order, nor sought an extension of time to do so. Accordingly, for the reasons set forth in
the May 5, 2014 order, the complaint is sua sponte dismissed pursuant to Rule 12(h)(3) of the
Federal Rules of Civil Procedure for lack of subject matter jurisdiction. The Clerk of the Court
shall close this case and, pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, serve
notice of entry of this Order upon all parties in accordance with Rule 5(b) of the Federal Rules of
Civil Procedure and record such service on the docket.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that aoy appeal from this Order
would not be taken in good faith and therefore in forma pauperis status is denied for the purpose
ofaoy appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct 917, 8 L. Ed. 2d
21 (1962).
SO ORDERED.

s/ Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge

Dated: Juoe 17, 2014
Central Islip, New York