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O'DIAH v. NEW YORK CITY

United States District Court, Southern District of New York


March 14, 2003

AROR ARK O'DIAH, PLAINTIFF,
v.
NEW YORK CITY, THE PURO WATER GROUP, RICHARD EHLERS, NEW YORK STATE, NASSAU COUNTY, TSUNIS & GASPERIS, SEARS ROEBUCK AND COMPANY, VILLAGE OF FLOWER HILL, NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, PA TRANSIT PORT AUTHORITY OF ALLEGHENY COUNTY IN PITTSBURGH, EQUIFAX CREDIT INFORMATION, EXPERIAN, IPC INTERNATIONAL CORP., TRANS UNION, ALLIED SPECTAGUARD, CREDIT MANAGEMENT COMPANY, MERCY HOSPITAL OF PITTSBURGH, SOUTH HILLS ENT., I.C. SYSTEMS, INC., JAE CHIL KIM REHAB., FORD MOTOR CREDIT CORPORATION, MICHIGAN STATE UNIVERSITY, PIERCE HAMILTON AND STERN, NORTHERN GLEN APARTMENT HOMES, VOLKSWAGEN CREDIT INC., VOLKSWAGEN OF AMERICA INC., NASSAU COUNTY ATTORNEY, NASSAU DISTRICT ATTORNEY, THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, NCO FINANCIAL SYSTEMS, MERCY PROVIDENCE, NEW YORK STATE WORKERS COMPENSATION BOARD, BRAUNSTEIN AND CHASE, L.L.P., CITY OF BOSTON, U.S. FILTER INC., PIPING ROCK NATURAL WATER, AND LEONARD WEXLER, DEFENDANTS.

The opinion of the court was delivered by: Denise Cote, District Judge

ORDER

Plaintiff pro se Aror Ark O'Diah ("O'Diah") brought this action against 38 defendants alleging, inter alia, violations of 42 U.S.C. § 1983, the Civil Rights Act of 1964, and the Fair Credit Reporting Act. The majority of these claims were dismissed in this Court's Opinion and Order of August 21, 2002.

On November 20, plaintiff filed an "Order to Show Cause Why Default Judgment Should Not Be Issued or Entered," seeking default judgment against six defendants: Pierce, Hamilton and Stern, Jae Chil Kim Rehab., South Hills E.N.T., Credit Management Company, I. C. System, Inc., and Piping Rock Natural Water. All claims against I.C. System, Inc. were dismissed by the Opinion and Order of August 21. By Order of January 22, Pierce, Hamilton and Stern, Jae Chil Kim Rehab., South Hills E.N.T., Credit Management Company and Piping Rock Natural Water were required to show cause in writing no later than March 7, 2003 why a default judgment should not be entered against them in this action.

On March 3, Pierce, Hamilton and Stern and Credit Management Company filed an opposition to plaintiff's motion for default judgment. They also seek dismissal of the claims against them. By papers filed March 4, defendants Jae Chil Kim Rehab. and South Hills E.N.T. also move to dismiss the claims against them. It is hereby ORDERED that any opposition to these motions to dismiss shall be filed by plaintiff no later than April 18, 2003, and any reply shall be filed by defendants no later than May 2, 2003. In addressing these motions, the Court will rely on the law described in the August 21, 2002 Opinion, O'Diah v. New York City, et al., 2002 WL 1941179 (S.D.N.Y. Aug. 21, 2002).

IT IS FURTHER ORDERED that when filing any papers with the Court, all parties shall provide one courtesy copy to Chambers by sending it to this Court's Pro Se Office, Room 230, United States Courthouse, 500 Pearl Street, New York, New York 10007.

SO ORDERED:

20030314

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