Hutchins v. The Village of Monticello et al
| Theodore Hutchins |
| The Village of Monticello, The County of Sullivan, Douglas Solomon, Mark Johnstone, Luis Feliciano and James Farrell |
| 7:2016cv10029 |
| December 29, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Sullivan |
| Kenneth M. Karas |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
107
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reo pen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty day period to be "so order ed" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/30/2021) (ks)
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Filing
75
OPINION & ORDER re: 53 MOTION to Dismiss Plaintiff's First Amended Complaint filed by James Farrell, 50 MOTION to Dismiss plaintiff's Amended Complaint filed by Douglas Solomon, Luis Feliciano, Mark Johnstone. In light of the foregoing analysis, the Court grants Monticello Defendants' Motion To Dismiss with respect to the Brady and conspiracy claims as to each Monticello Defendant, grants the Motion with respect to the malicious prosecution claim against Solomon and Feliciano, but denies the Motion with respect to the malicious prosecution claim against Johnstone, and denies the Motion with respect to the fair trial claim as to each Monticello Defendant. The Court grants Farrell's Motion To Dismiss in its entirety on absolute immunity grounds. The claims that are dismissed are dismissed without prejudice. Although Plaintiff has filed an Amended Complaints in this Action, this is the first adjudication on Defendants' Motion to Dismiss. See Rennalls v. Alfredo, No. 12-CV-5300, 2015 WL 5730332, at *5 n. 6 (S.D.N.Y. Sept. 30, 2015) ("[The] Court will afford Plaintiff an opportunity to amend if, after reviewing this Order and Opinion and the law therein, he still believe s that he can plausibly state claims against Defendants."). Plaintiff may file a Second Amended Complaint within thirty days of this Opinion and Order. The Clerk of Court is respectfully requested to terminate the pending Motions. (Dkt. Nos. 50, 53.) SO ORDERED. James Farrell (Sullivan County District Attorney) terminated. (Signed by Judge Kenneth M. Karas on 9/29/2018) (mml)
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