COLAIO v. FEINBERG

Nos. 03 Civ. 0558(AKH), 03 Civ. 1040(AKH), 03 Civ. 1129(AKH).

262 F.Supp.2d 273 (2003)

June COLAIO, as Administrator of the Estate of Mark J. Colaio, Deceased, Victor J. Colaio, as Administrator of the Estate of Stephen J. Colaio, Deceased, Frank John Aquilino, as Administrator of the Estate of Frank Thomas Aquilino, Deceased, Geraldine Davie, as Administrator of the Estate of Amy O'Doherty, Deceased, Joanne Lovett, as Administrator of the Estate of Brian F. Nunez, Deceased, Nancy N. Pedicini, as Administrator of the Estate of Thomas E. Pedicini, Deceased, and Maria A. Waring, as Administrator of the Estate of James A. Waring, Deceased, on behalf of themselves and all other similarly situated "eligible individuals" under 49 U.S.C. § 40101, Plaintiffs, v. Kenneth R. FEINBERG, Special Master of the September 11 Victim Compensation Fund of 2001, John Ashcroft, Attorney General of the United States, and the United States Department of Justice, Defendants. Donna M. Smith, individually and as Executrix of the Estate of James Gregory Smith, and Jill I. Rosenblum, individually and as Executrix of the Estate of Andrew I. Rosenblum, Plaintiffs, v. John Ashcroft, Attorney General, United States Department Of Justice; and Kenneth R. Feinberg, Special Master, September 11 Victim Compensation Fund of 2001, Defendants. Cheryl Schneider, as the Executrix of the Estate of Ian Schneider, Deceased, Plaintiff, v. Kenneth R. Feinberg, John Ashcroft, and Department of Justice, Defendants.

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

May 8, 2003.


Attorney(s) appearing for the Case

John F. Cambria, Salans, New York City, for plaintiffs June Colaio, Victor J. Colaio, Frank John Aquilino, Geraldine Davie, JoAnne Lovett, Nancy N. Pedicini, and Maria A. Waring.

Marc S. Moller, Kreindler & Kreindler, New York City, for plaintiffs Donna M. Smith and Jill I. Rosenblum.

Jonathan C. Reiter, Law Firm of Aaron J. Broder & Jonathan C. Reiter, New York City, for plaintiff Cheryl Schneider.

Robert D. McCallum, Jr., Acting Associate Attorney General, with Peter D. Keisler, Shannen W. Coffin, Joseph H. Hunt, Craig M. Blackwell, Chad N. Boudreaux, James B. Comey, United States Attorney, for the Southern District of New York, and Andrew W. Schilling, Assistant United States Attorney, for defendants.


OPINION AND ORDER DISMISSING COMPLAINTS

HELLERSTEIN, District Judge.

More than 3,000 people died on September 11, 2001 from the terrorist-related aircraft crashes into the World Trade Center towers, the Pentagon, and the field in Shanksville, Pennsylvania. Those who died, in the airplanes and at the crash sites, were rich and poor, young and old, citizens and non-citizens, and in varied professions and occupations, united only in the unlucky coincidence...

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