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Racketeer/Corrupt Organization | New York Eastern
Status Report
STATUS REPORT Amended by All Island Counter Tops & Millwork Inc. (Brandi, Enza)
Order(Other)
ORDER: On 4/30/2026, Judge Joanna Seybert ordered "I. The Bank Fraud, Wire Fraud, and Federal RICO claims (i.e., the Federal Claims) are dismissed with prejudice as to Defendants; II. Because Plaintiffs have not stated a federal claim upon which relief can be granted, this Court declines to exercise supplemental jurisdiction over the remaining state law claims, which are dismissed without prejudice as to Defendants; and IT IS FURTHER ORDERED that Plaintiffs' Cross-Motion to Amend is DENIED with prejudice as futile." DE 37 . In that same order, Judge Seybert further directed that "Plaintiffs are to file a status report explaining how they plan to proceed as to Sandoval by no later than thirty days from the date of this Order." Id. The 30-day deadline set by Judge Seybert was 5/30/2026 but Plaintiff failed to file the aforementioned status report ordered by Judge Seybert. On 5/18/2026, the undersigned directed the parties to file a status report. In response, Plaintiffs now represent that "Plaintiffs intend to proceed with the state claims in State Supreme Court, to include Jaime Sandoval as a defendant, and are not seeking coordination between the instant action and the wage and hour case in this Court." DE 43 at 1. Furthermore, the parties indicated that Defendants' Motion for Sanctions is fully submitted and pending before Judge Seybert. See id.; see also DE 40 (Motion for Sanctions). As such, it appears that the parties are not seeking any relief from the undersigned at this time and, in the event that they are, it is DENIED WITHOUT PREJUDICE. Ordered by Magistrate Judge Lee G. Dunst on 6/15/2026. (GAW)
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