De Michele v. City of New York et al
| Frank De Michele |
| City of New York, County of Westchester and Does 1-20 |
| 1:2009cv09334 |
| November 10, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul G. Gardephe |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
104
MEMORANDUM OPINION & ORDER: Plaintiff's motion for summary judgment (Dkt. No. 77) is denied in its entirety. The City Defendants' motion for summary judgment (Dkt. No. 72) is granted as to (1) all Section 1983 claims against the City of New York; (2) Plaintiff's claims against NYPD Officer Nyberg; (3) Plaintiff's Section 1983 and state law claims for false arrest; (4) Plaintiff's Section 1983 and state law claims based on malicious prosecution; and is otherwise denied. T he County Defendants' motion for summary judgment (Dkt. No. 80) is granted as to (1) all Section 1983 claims against the County of Westchester; (2) Plaintiff's Section 1983 claim against County Officers Lieberman, Brady, and Pucillo for den ial of access to the courts; (3) Plaintiff's state law assault and battery claims against County Officer Serlin; (4) Plaintiff's Section 1983 and state law claims for false arrest; (5) Plaintiff's Section 1983 punitive damages claims a gainst the County and the individual County defendants in their official capacities; and (6) Plaintiff's punitive damages claim based on assault and battery, to the extent that claim is made against the County and the individual County defendant s in their official capacities; and is otherwise denied. The Clerk of the Court is directed to terminate the motions (Dkt. Nos. 72, 77, 80). The parties are directed to comply with this Court's Individual Rules concerning the preparation of a pr e-trial order. The joint pre-trial order will be filed on October 19,2012. Motions in limine, voir dire requests, and requests to charge are due on October 19,2012. Responsive papers, if any, are due on October 26,2012. Trial will commence on November 13, 2012, at 9:00 a.m. (Signed by Judge Paul G. Gardephe on 9/24/2012) (cd)
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Filing
14
ORDER: Accordingly, it is hereby ORDERED that Defendants will depose Plaintiff on May 13, 2010, and that Plaintiff will depose Detective Fumoso and Police Officers DiCarlo and Nyberg on May 14, 2010. In the event that the depositions of Fumoso, DiCar lo and Nyberg cannot be completed on May] 4, 2010, they are to be completed on the next date that all counsel are available. It is further ORDERED that Defendants' time to respond to Plaintiff's discovery demands is extended nunc pro tunc to April 28, 2010. It is further ORDERED that the parties must complete fact discovery by June 30, 2010. (Signed by Judge Paul G. Gardephe on 4/29/2010) (jpo)
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