Baez et al v. The City of New York et al
| Vanessa Baez, Joaquin Lugo and Cristina Montanez |
| Police Officer Ryan Doherty, P.O.'s John Doe #1-10, and The City of New York |
| 1:2016cv06340 |
| November 15, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Vera M. Scanlon |
| Eric N. Vitaliano |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
49
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 44 Report and Recommendations. In line with the foregoing, the R&R is adopted in its entirety as the opinion of the Court. Summary judgement is granted with respect to plaintiffs withdrawn failu re to intervene, malicious abuse of process, Monell, and catch-all § 1983 claims, as well as their § 1983 false 20 arrest claim against the City. Summary judgment is denied with respect to plaintiffs § 1983 claim against Officer Doherty and state law false arrest and respondeat superior claims. The case is respectfully referred to Judge Scanlon for further pretrial proceedings. So Ordered by Judge Eric N. Vitaliano on 5/11/2021. (Herrera, Isaiah)
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Filing
28
ORDER denying 25 Motion to Dismiss for Lack of Prosecution; granting in part and denying in part 25 Motion for Sanctions. Defendant's motion for sanctions is granted to the extent that Baez is ordered to appear for and complete her depositio n before June 28, 2019. She is expressly warned that failure to comply with this order to appear for deposition will result in the dismissal of her lawsuit. She and her counsel are also directed to pay as sanctions all costs incurred by defendants in relation to her failure to appear for deposition in the period from January 22 to February 16, 2018 and of the making of this sanctions motion, including defendants' attorney's fees. The total costs shall be paid to defendants in equal shares by Baez and Epperson, although enforcement of this monetary sanction is stayed until the conclusion of the case. Defendants are directed to submit their demand for costs, including any associated time records and/or invoices, for assessment by Magistrate Judge Scanlon. Defendants' motion seeking dismissal for failure to prosecute is denied. Ordered by Judge Eric N. Vitaliano on 5/18/2019. (Siegel, Max)
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