TADCO Construction Corp. et al v. Dormitory Authority of the State of New York et al
| TADCO Construction Corp. and Thomas Demartino |
| Dormitory Authority of the State of New York, Tyrone Middleton, Pat Cinelli, James Gray, Jack Kemp and John Does #1-#5 |
| 1:2008cv00073 |
| January 7, 2008 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Joan M. Azrack |
| David G. Trager |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
140
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Upon a careful review of the record and Judge Azrack's well-reasoned and thorough Report and Recommendation 135 , the court finds no clear error and hereby affirms and adopts the Report and Recommenda tion in all respects as the opinion of the court. Accordingly, the individual defendants' motion for summary judgment as to DeMartino's § 1983 claims is granted in its entirety, and TADCO's remaining state law claims are dismisse d without prejudice to refiling in state court. Defendants' request for attorney's fees is denied based on the record before the court. See Fed. R. Civ. P. 54(d)(2). The Clerk of Court is respectfully directed to enter judgment in favor of individual defendants and close this case. Defendants may apply to the Clerk of Court for costs within fourteen days. Fed. R. Civ. P. 54(d)(1). Defendants' 139 motion for extension of time to file a response to plaintiffs' objections is terminated as moot. Ordered by Judge Kiyo A. Matsumoto on 9/18/2014. (Tsai, Denise)
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Filing
96
ORDER denying 94 Motion for Certificate of Appealability. For the reasons set forth in the attached Memorandum and Order, the court denies DeMartino's motion for this court's entry of partial final judgment of Judge Trager's March 19, 2010 order and issuance of a certificate of appealability as to that judgment pursuant to Federal Rule of Civil Procedure 54(b). Ordered by Judge Kiyo A. Matsumoto on 7/23/2012. (Chang, Emily)
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Filing
82
ORDER denying 75 Motion for Reconsideration; denying 76 Motion for Reconsideration. For the reasons stated in the attached Memorandum and Order, the court denies plaintiff's motion for reconsideration. Defendants are ordered to (1) serve plaintiff DeMartino with a copy of this order and (2) file a declaration of service by February 15, 2012. In addition, by March 2, 2012, the parties shall file a joint status report regarding how they intend to proceed. Ordered by Judge Kiyo A. Matsumoto on 2/14/2012. (Chang, Emily)
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Filing
39
Defendants' motion to dismiss is granted in part and denied in part. Ordered by Senior Judge David G. Trager on 3/19/2010. (Welton, Shelley).
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