District Judge Mae Avila D’Agostino


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New York-based law firm Proskauer Rose LLP acted as counsel for Moran’s employer, the Jewish Board of Family and Children’s Services (JBFCS), against which Moran filed a complaint with the New York State Division of Human Rights (NYSDHR). Despite purportedly not being appropriately licensed to practice law in New York, Proskauer Rose’s attorneys Jacobson and Grey appeared at a conference before the NYSDHR on behalf of JBFCS. Noting a magistrate judge’s prior determination that Moran failed to allege a claim arising under the Constitution or laws of the United States, District Court dismissed his pro se action seeking $240 million and injunctive relief against Proskauer Rose. No federal claim could be inferred from Moran’s allegations surrounding the state bar licensure of two private attorneys employed by a limited liability partnership. Nor could Jacobson and Gray be deemed “state actors” for purposes of 42 USC §1983. Further, Proskauer Rose’s registration as a domestic limited liability partnership with New York did not render it a “state actor.” Also, because Moran, Jacobson and Gray, and Proskauer Rose were citizens of New York, the court lacked diversity jurisdiction over Moran’s claims.