Green v. Mattingly et al
| Sharice Green |
| John B. Mattingly, Benjamin Williams, Russell Banks, Danielle Saladino and City Of New York |
| 1:2007cv01790 |
| May 1, 2007 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Cheryl L. Pollak |
| Jack B. Weinstein |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
96
MEMORANDUM AND ORDER: Defendants' motion to dismiss is granted in part. All of plaintiffs' § 1983 claims based on the removal of T.C. from Green's custody are dismissed with prejudice, except for: 1) Fourteenth Amendment claims ag ainst Saladino for violations of procedural due process, and 2) Fourth Amendment claims against Saladino brought by Green on behalf of T.C. Further, the Court denies the motion with respect to § 1983 claims against Saladino, Williams and Banks b ased on the alleged failure to notify foster care of T.C.'s medical needs. All federal claims against the City and Mattingly, however, are dismissed with prejudice. The parties are directed to contact Magistrate Judge Pollak to arrange for a sta tus conference, to complete any open discovery and to advise the Court within 30 days of the conclusion of outstanding discovery whether any party intends to move for summary judgment. Ordered by Judge Eric N. Vitaliano on 9/22/2010. (Brucella, Michelle)
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Filing
83
MEMORANDUM AND ORDER: The Court directs plaintiff to file the third amended complaint, in the form annexed to her motion papers (Docket. 80 , Ex. 1), on or before April 9, 2010. Should defendants desire to move against the third amended complaint, d efendants shall serve their motion to dismiss on or before April 23, 2010. Plaintiff shall serve any opposition papers on or before May 7, 2010. Defendants shall serve their reply papers and file all motion papers on or before May 14, 2010. Courtesy copies shall be delivered to chambers in accordance with the rules for this part. The Court will advise the parties if oral argument is required. Ordered by Judge Eric N. Vitaliano on 4/6/2010. (Brucella, Michelle)
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