Cangemi et al v. The United States of America et al
| Terry S. Bienstock, Jodi Cangemi, Thomas Cangemi, Mariann Coleman, Francis J. Devito, Lynn R. Devito, Elsie V. Thompson Trust, Elizabeth Kircik, Leon Kircik, Carol C. Lang, Daniel Livingston, Victoria Livingston, Robin Racanelli, James E. Ritterhoff, Thelma Weinberg Trustee of the Thelma Weinberg Revocable Living Trust and John Tomitz |
| Col. John R. Boule, II, County of Suffolk, Joe Martens, Cesar A Perales, The State of New York, The Town of East Hampton, The U.S. Army Corps of Engineers, The United States of America and William J. Wilkinson |
| 2:2012cv03989 |
| August 8, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| William D. Wall |
| Torts to Land |
| 28 U.S.C. ยง 2671 Federal Tort Claims Act |
| Plaintiff |
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Filing
237
MEMORANDUM AND ORDER granting in part and denying in part 230 Motion to Set Aside 230 MOTION to Set Aside Costs Taxed ; adopting in part Report and Recommendations as to 233 Report and Recommendations. For the stated reasons , Plaintiffs' objection as to the cost associated with the process server fee for Pfeifer is SUSTAINED, the remainder of Plaintiffs' objections are OVERRULED, the R&R is ADOPTED as modified in accordance with this Court's rulings herein, and Plaintiffs' Motion to Set Aside Costs Taxes is GRANTED IN PART AND DENIED IN PART. So Ordered by Judge Joanna Seybert on 3/28/2023. (CV)
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Filing
219
MEMORANDUM & ORDER granting 207 Motion for Judgment as a Matter of Law; For the foregoing reasons, Defendant's Rule 50 motion for judgment as a matter of law is GRANTED and the compensatory damages award is VACATED. Alternatively, the Court conditionally GRANTS Defendant's Rule 59 motion for a new trial. So Ordered by Judge Joanna Seybert on 3/15/2019. C/ECF (Valle, Christine)
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Filing
95
MEMORANDUM & ORDER granting in part and denying in part 71 Motion to Dismiss for Lack of Jurisdiction; The Federal Defendants' motion to dismiss the Amended Complaint (Docket Entry 71) is GRANTED IN PART and DENIED IN PART. First, the FTCA C laims are DISMISSED as against the USACE and Col. Boule. Second, the Taking Claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, and the Court will not transfer the Taking Claims to the Court of Federal Claims because that court does not have jurisdiction. Third, the APA Claim is DISMISSED WITH PREJUDICE. Finally, Counts XIII (injunctive relief) and XIV (declaratory judgment) are DISMISSED WITH PREJUDICE. Thus, as to the Federal Defendants, Plaintiffs' FTCA Claims against the United States are the only claims that move forward. So Ordered by Judge Joanna Seybert on 3/7/2016. C/ECF (Valle, Christine)
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