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COMMER v. McENTEE

No. 00 Civ. 7913(RWS).

283 F.Supp.2d 993 (2003)

Roy COMMER, Plaintiff, v. Gerald MCENTEE, John Seferian, The American Federation of State, County and Municipal Employees, District Council 37, AFSCME, Stanley Hill, Martin Lubin, Mark Shaplo, Robert Meyer, Ralph Pepe, Louis Albano, Robert Mariano, Uma Kutwal, Michelle Keller, John Does 1-30, and Rudolph Giuliani, as Mayor of the City of New York, Defendants.

United States District Court, S.D. New York.

September 24, 2003.

Attorney(s) appearing for the Case

Roy Commer, Staten Island, NY, Plaintiff, pro se.

Shapiro, Beilly, Rosenberg, Aronowitz, Levy & Fox, New York City by Barry I. Levy, Elan R. Kandel, for Defendants Gerald McEntee, John Sefarian, AFSCME International, AFSCME District Council 37, Robert Mariano, Uma Kutwal, Michelle Keller and Ralph Pepe.

OPINION

SWEET, District Judge.

Defendants Gerald McEntee, John Seferian and Ralph Pepe have moved under Rule 12(b)(5) for dismissal of the complaint against them for failure to effect service upon them. Defendants Uma Kutwal, Michelle Keller and Robert Mariano have moved for dismissal under Rule 12(b)(6) of the LMRDA § 101(a)(2) claim against them for lack of LMRDA jurisdiction over them for conduct occurring after December 13, 1999. Kutwal,...

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