Hopkins et al v. Booth
| Colleen Hopkins, Kathryn DiSalvo and Douglas Morris |
| John S Booth, III |
| 1:2016cv01020 |
| December 21, 2016 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Allegany |
| Lawrence J. Vilardo |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
73
DECISION and ORDER granting 57 Motion to Compel. Plaintiffs shall serve a copy of Plaintiff Hopkins's September 23, 2016 text message upon Defendant within 10 days. Signed by Hon. Leslie G. Foschio on 10/8/2019. (SDW)
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Filing
59
DECISION AND ORDER granting 26 the plaintiffs' motion to dismiss the defendant's first amended counterclaim; adopting 37 Report and Recommendations. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 09/06/2019. (RFI)
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Filing
24
DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATION 16 . The defendant's motion to dismiss for failure to state a claim 10 is GRANTED in part and DENIED in part, as specified. The defendant's motion to strike as to plaintiffs' ex hibits one through four is GRANTED and DISMISSED as to exhibit five. Defendant's motion to dismiss counts three and four is DISMISSED as moot. Count two in the amended complaint is dismissed, but counts one and three are referred back to Judge Foschio for further proceedings consistent with the referral order of August 21, 2017 13 . SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 1/17/2018. (CMD)-CLERK TO FOLLOW UP-
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Filing
16
REPORT AND RECOMMENDATIONS / DECISION AND ORDER. Defendant's motion to dismiss (Dkt. 10) as to Plaintiffs' per se negligence claim in Count II should be GRANTED; Defendant's motion as to Plaintiffs' Counts III and IV should be DISMISSED as moot; Defendant's motion directed to Plaintiffs' Count I of the Amended Complaint requesting punitive damages should be DENIED. Defendant's request/motion to strike should be GRANTED as to Plaintiffs' Exhibit 1 - 4; as to Plaintiffs' Exhibit 5, Defendant's request/motion should be DISMISSED as moot. Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 11/20/2017. (SDW)
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