Best Payphones, Inc. v. City of New York, et al

Justia Dockets & Filings Second Circuit New York Eastern District Best Payphones, Inc. v. City of New York, et al

Best Payphones, Inc. v. City of New York, et al

Case Number:	1:2001cv08506
Filed:	October 7, 2019
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Nature of Suit:	Commerce ICC Rates, Etc
Cause of Action:	28 U.S.C. § 1331 Federal Question: Other Civil Rights

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Date Filed	Document Text
October 7, 2019	Filing 309 ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons set forth in the attached memorandum and order, the Court adopts Magistrate Judge Steven Tiscione's September 13, 2018 Report and Recommendation 308 as modified. Plaintiff's motion for summary judgment is DENIED. Defendant's motion for summary judgement is GRANTED in part and DENIED in part. Within thirty days of this memorandum and order, Plaintiff is directed to file a ten-page submission setting forth the appropriate s tandard for its unconstitutional-condition claim and the undisputed facts in support of that claim, citing only to specific paragraphs of undisputed facts within the parties 56.1 statements. Defendants are directed to file a ten-page opposition, if a ny, thirty days following Plaintiffs submission, also citing only to specific paragraphs of undisputed facts within the parties 56.1 statements. No reply brief shall be permitted. Failure to abide by the Courts instructions with respect to specific c itations to the 56.1 statements may result in the imposition of sanctions. Following the parties briefing of Plaintiffs unconstitutional-condition claim and the Courts disposition of that claim, the parties will proceed to trial on Plaintiffs First Amendment retaliation claims and Section 1983 conspiracy claim. Plaintiffs equal-protection claim and Monell claim are dismissed with prejudice. Ordered by Judge LaShann DeArcy Hall on 9/27/2019. (Valderrama, Freddie)

Date Filed

Document Text

October 7, 2019

Filing 309 ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons set forth in the attached memorandum and order, the Court adopts Magistrate Judge Steven Tiscione's September 13, 2018 Report and Recommendation 308 as modified. Plaintiff's motion for summary judgment is DENIED. Defendant's motion for summary judgement is GRANTED in part and DENIED in part. Within thirty days of this memorandum and order, Plaintiff is directed to file a ten-page submission setting forth the appropriate s tandard for its unconstitutional-condition claim and the undisputed facts in support of that claim, citing only to specific paragraphs of undisputed facts within the parties 56.1 statements. Defendants are directed to file a ten-page opposition, if a ny, thirty days following Plaintiffs submission, also citing only to specific paragraphs of undisputed facts within the parties 56.1 statements. No reply brief shall be permitted. Failure to abide by the Courts instructions with respect to specific c itations to the 56.1 statements may result in the imposition of sanctions. Following the parties briefing of Plaintiffs unconstitutional-condition claim and the Courts disposition of that claim, the parties will proceed to trial on Plaintiffs First Amendment retaliation claims and Section 1983 conspiracy claim. Plaintiffs equal-protection claim and Monell claim are dismissed with prejudice. Ordered by Judge LaShann DeArcy Hall on 9/27/2019. (Valderrama, Freddie)

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