Castle v. The United States of America

Justia Dockets & Filings Second Circuit New York Northern District Castle v. The United States of America

Castle v. The United States of America

Plaintiff:	Martin W. Castle, Jr.
Defendant:	The United States of America
Case Number:	1:2015cv00197
Filed:	February 20, 2015
Court:	US District Court for the Northern District of New York
Office:	Albany Office
County:	Greene
Presiding Judge:	Therese Wiley Dancks
Presiding Judge:	Glenn T. Suddaby
Nature of Suit:	Motor Vehicle
Cause of Action:	28 U.S.C. § 2671
Jury Demanded By:	None

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Date Filed	Document Text
December 18, 2017	Filing 71 DECISION And ORDER granting # 51 Plaintiff's Motion for Partial Summary Judgment; granting in part and denying in part # 57 Defendant's Motion for Summary Judgment; and denying without prejudice # 62 Plaintiff's Cross-Motion to excl ude toxicology test results. The first and second elements of Plaintiff's First Claim (i.e., the elements of duty of care and breach of duty of care of Plaintiffs claim for negligence) shall be treated as established in this case. Plaintiff� 39;s second claim is dismissed. Surviving these motions for summary judgment is Plaintiff's First Claim for negligence, specifically, the remaining element of proximate cause. Counsel are direct to appear on January 16, 2018 at 2:00 pm in Syrac use, NY, in chambers for a pretrial conference, at which time counsel are directed to appear with settlement authority, and in the event that the case does not settle, trial will be scheduled at that time to begin on March 26, 2018 with pretrial subm issions being due on March 5, 2018. Plaintiff is further directed to forward a written settlement demand to Defendants no later than January 2, 2018, and the parties are directed to engage in meaningful settlement negotiations before the conference. In the event that counsel feel settlement is unlikely, counsel may file a letter request at least one week before the scheduled conference advising that settlement is not feasible, and the Court will cancel the conference and issue a trial order scheduling trial for March 26, 2018. Signed by Chief Judge Glenn T. Suddaby on 12/18/17. (lmw)

Date Filed

Document Text

December 18, 2017

Filing 71 DECISION And ORDER granting # 51 Plaintiff's Motion for Partial Summary Judgment; granting in part and denying in part # 57 Defendant's Motion for Summary Judgment; and denying without prejudice # 62 Plaintiff's Cross-Motion to excl ude toxicology test results. The first and second elements of Plaintiff's First Claim (i.e., the elements of duty of care and breach of duty of care of Plaintiffs claim for negligence) shall be treated as established in this case. Plaintiff� 39;s second claim is dismissed. Surviving these motions for summary judgment is Plaintiff's First Claim for negligence, specifically, the remaining element of proximate cause. Counsel are direct to appear on January 16, 2018 at 2:00 pm in Syrac use, NY, in chambers for a pretrial conference, at which time counsel are directed to appear with settlement authority, and in the event that the case does not settle, trial will be scheduled at that time to begin on March 26, 2018 with pretrial subm issions being due on March 5, 2018. Plaintiff is further directed to forward a written settlement demand to Defendants no later than January 2, 2018, and the parties are directed to engage in meaningful settlement negotiations before the conference. In the event that counsel feel settlement is unlikely, counsel may file a letter request at least one week before the scheduled conference advising that settlement is not feasible, and the Court will cancel the conference and issue a trial order scheduling trial for March 26, 2018. Signed by Chief Judge Glenn T. Suddaby on 12/18/17. (lmw)

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Plaintiff: Martin W. Castle, Jr.
Represented By:	Michael E. Kolb
Represented By:	Joseph E. O'Connor
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Defendant: The United States of America
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