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Peter Senese v. Karl Hindle

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


April 7, 2011

PETER SENESE, PLAINTIFF,
v.
KARL HINDLE, DEFENDANT.

The opinion of the court was delivered by: Roanne L. Mann, United States Magistrate Judge

MEMORANDUM AND ORDER

On March 31, 2011, pro se defendant Karl Hindle moved to compel full disclosure of all affidavits and supporting documents and evidence filed by plaintiff Peter Senese before this case was removed to federal court.This Court has obtained from the state court copies of the documents sought by defendant, which documents will be entered into the Electronic Case Filing system under seal and copies sent to both parties.

Plaintiff Senese, who is now proceeding pro se, has not responded to defendant's motions to (1) transfer the case to the Eastern District of Virginia; (2) quash the temporary restraining order allegedly obtained by fraud; and (3) quash the arrest warrant*fn1 and vacate the finding of contempt issued by the state court, all of which motions were filed by defendant on February 14, 2011. Nor has plaintiff taken any further steps to prosecute this case since the Court granted his attorney's motion to withdraw on February 16, 2011. Plaintiff is warned that if, by April 18, 2011, he has not responded to all three motions, the complaint may be dismissed with prejudice for lack of prosecution.

In addition, the state court filings will be unsealed on May 6, 2011 unless, by April 29, 2011, any party wishing to maintain any portion of those documents under seal has served and filed a motion identifying such portions and establishing good cause for continued sealing thereof.

The Clerk is directed to docket this Order into the ECF system and to transmit copies to the parties via Federal Express.

SO ORDERED.

ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE


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