Macineirghe et al v. County of Suffolk et al
| Brian Macineirghe, Ian Macineirghe and Tomas Macineirghe |
| Jonathan C. Allen, Christopher Anskat, Cesar Greg Benavides, Mark Bendetti, Jamel Boswell, County of Suffolk, John Diffley, Charles Gambino, Mayovez Gonzalez, Peter Hansen, Craig Knudsen, North Shore LIJ, Southside Hospital, Suffolk County Police Department and Suffolk County Sheriff's Department |
| 2:2013cv01512 |
| March 21, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| E. Thomas Boyle |
| Arthur D. Spatt |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
68
MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 46 Motion for Summary Judgment; For the reasons set forth in this decision, the Court grants in part and denies in part the Hospital Defendants motion for summary judgment. The Court grants the motion and dismisses: (i) the Tenth Cause of Action for common law defamation as against Defendant Benavides; (ii) the Twelfth Cause of Action for common law negligence as against all Hospital Defendants, finding that claim impermis sibly duplicative of the Plaintiffs defamation cause of action; (iii) the Thirteenth and Fourteenth Causes of Action for civil conspiracy and falsification of documents, respectively, as against all Hospital Defendants, finding those claims abandoned ; and (iv) all Causes of Action as against Defendant Southside Hospital. The Court denies the motion to the extent it seeks to dismiss the Tenth Cause of Action for common law defamation as against Defendant Gonzalez, and to the extent it seeks to di smiss all claims as against Defendant NSLIJ. In this regard, the Court exercises its discretion to consider the Plaintiffs theory of vicarious liability against Defendant NSLIJ and deems the Complaint amended to assert such a claim. However, in light of the Courts rulings, the potential vicarious liability that may attach to NSLIJ is limited to damages resulting from Gonzalezs allegedly defamatory statements. (Coleman, Laurie) (Main Document 68 replaced on 7/21/2015) (Coleman, Laurie). Modified on 7/21/2015 to correct a clerical error; The last paragraph of pg #39 should state "for common law defamation as against Defendant Gonzalez" not Benavides as previously indicated; and to correct a typographical error in the name Gonzalez. This Decision remains the same in all other respects. (Coleman, Laurie).
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Filing
64
ORDER granting in part and denying in part 55 Motion for Discovery. For the reasons set forth in the attached Order, the branch of the Order to Show Cause ("OTSC") seeking to compel production of video surveillance footage is denied as moot; the branch of the OTSC seeking to modify the discovery schedule to take an additional deposition is granted; and the branch of the OTSC seeking sanctions in the form of an adverse inference charge based on spoliation of evidence is denied without prejudice and with leave to renew at the appropriate time before Judge Spatt. Ordered by Magistrate Judge Steven I. Locke on 4/1/2015. (Bagnuola, Anthony)
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