Wirth v. The City of Rochester, New York et al
| Alex Wirth |
| The City of Rochester, New York and Daniel Arena |
| 6:2017cv06347 |
| June 2, 2017 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Frank P. Geraci |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| Defendant |
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Filing
64
DECISION & ORDER: Plaintiff's motion for summary judgment on Count VI, ECF No. 56 , is DENIED; Defendants' motion for summary judgment on Count VI, ECF No. 60 , is GRANTED IN PART as to the claims arising under the Eighth Amendment and th e New York Constitution Article I, § 5, and DENIED IN PART as to the claims arising under New York Civil Rights Law § 11 which are REMANDED to New York State Supreme Court, Monroe County, for adjudication pursuant to 28 U.S.C. § 1367(c )(1).Plaintiff's motion for reconsideration, ECF No. 57 , is GRANTED IN PART and DENIED IN PART, and Plaintiff's Count III, IV, and V claims are REMANDED to the New York State Supreme Court, Monroe County. The Clerk of Court is directed to close this case after remand has occurred as all pending claims will have been either dismissed or remanded.SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 07/30/2021. (SFR)-CLERK TO FOLLOW UP-
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Filing
53
DECISION & ORDER: 37 Plaintiff's Motion for Partial Summary Judgment is denied. 47 Defendants' Cross-Motion for Summary Judgment is granted in part and denied in part. Plaintiff is directed to submit supplemental memoranda to this Court by 10/30/2020, explaining (1) whether he will maintain his Count VI claims in light of the disposition of his other causes of action; and (2) his theory with respect to those claims moving forward. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 09/30/2020. (SFR)
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