Quinoy et al v. Pena et al
||Jose Quinoy and Marina Quinoy
||Catherine Pena and The United States Of America
||March 22, 2013
||New York Southern District Court
||White Plains Office
|Nature of Suit:
|Cause of Action:
||28:1346 Tort Claim
|Jury Demanded By:
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|Date Filed||#||Document Text|
|May 14, 2014
OPINION AND ORDER: For the reasons stated above, Pena's motion to dismiss is GRANTED. The Government's motion to dismiss is GRANTED in part and DENIED in pa1t. Plaintiffs' malicious prosecution and loss of consortium claims against the Government are their only surviving claims. The Government is ordered to file an answer within three weeks by June 4, 2014. The Clerk of Court is respectfully requested to terminate these motions (Doc. Nos. 30 and 38). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/14/2014) (mml)
|August 12, 2014
OPINION AND ORDER re: 45 MOTION for Reconsideration re: 44 Memorandum & Opinion filed by The United States Of America. For the reasons stated above, the Government's motion for reconsideration is GRANTED in part and DENIED in part. Plaintiffs' malicious prosecution claim can only be based on the theory that Agent Pena intentionally destroyed 1D-4; she is immune for her alleged false grand jury testimony. Plaintiffs' malicious prosecution and loss of co nsortium claims against the Government survive. The Government is ordered to file an answer by September 4, 2014. The Clerk of Court is respectfully requested to terminate this motion (Doc. No. 45). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/12/2014) (mml)
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