Opinion
20-CV-4012 (LLS)
09-02-2020
RUDY ROSENBERG, et al., Plaintiffs, v. CITY OF NEW YORK, et al., Defendants.
ORDER :
By order dated May 28, 2020, Chief Judge McMahon dismissed this action without prejudice as duplicative of a substantially similar suit that remains pending under docket number 20-CV-3911. This action was then reassigned to my docket to address motions for reconsideration of the order of dismissal and other relief (ECF Nos. 8-9), which I denied.
This matter is now before me on a second motion for reconsideration and order to show cause. The Court's July 13, 2020 order (ECF No. 11) indicated that this matter had been reassigned to my docket. Plaintiffs' motion for reconsideration notes, however, that the docket sheet failed to reflect the reassignment of this matter to me; this has now been corrected. The Court otherwise denies the motion for reconsideration and for an order to show cause. (ECF No. 12.)
The Court noted in the July 13, 2020 order denying the motions (ECF Nos. 8-9) that two plaintiffs had never submitted IFP Applications in this action. Because this created some doubt whether they intended to participate in this action, which was already closed, the Court referred to Rudy Rosenberg as "Plaintiff" in the order denying the motions (ECF No. 11). Plaintiffs note in this second motion for reconsideration that the other two individuals were not dismissed from this action before the case was closed. --------
On August 9, 2020, Plaintiffs submitted notices of appeal without their true names. The Court has previously denied the applications to proceed anonymously or restrict viewing of the docket. Despite these issues with the notices of appeal, the Court directs the Clerk of Court to process the notices of appeal.
CONCLUSION
The Clerk of Court is directed to mail a copy of this order to Plaintiffs and note service on the docket. The Court grants the request to correct the docket to reflect that the matter was reassigned to me but otherwise denies the motions for reconsideration and for an order to show cause. (ECF No. 12.)
The Court directs the Clerk of Court to process the August 9, 2020 notices of appeal despite the deficiencies in those notices. Dated: September 2, 2020
New York, New York
/s/_________
Louis L. Stanton
U.S.D.J.