Kogut v. The County of Nassau et al
| 2:2006cv06695 |
| December 19, 2006 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| William D. Wall |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
489
MEMORANDUM & ORDER. For the reasons outlined in the M&O 456 Kogut's Motion for a New Trial is DENIED; 457 Halstead and Restivo's Motion for a New Trial is GRANTED IN PART and DENIED IN PART; and 474 the Motion to Amend/Correct/Supplem ent the record is GRANTED. Defendants' Motion 447 for Judgement as a matter of law regarding Plaintiffs' Monell claims is DENIED as MOOT. Within 30 days of the date of this Memorandum & Order, counsel for Halstead and Restivo and counsel for Defendants shall provide the Court with dates that they are available for a Court conference. Ordered by Judge Joanna Seybert on 7/22/2013. (Nohs, Bonnie)
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Filing
372
MEMORANDUM & ORDER - This Memorandum and Order addresses Restivo and Halstead's motion to exclude evidence of Plaintiffs' prior bad acts. For the following reasons, this motion is GRANTED IN PART and DENIED IN PART, and the Court RESERVES JUDGMENT IN PART. So Ordered by Judge Joanna Seybert on 9/4/12. C/ECF (Valle, Christine)
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Filing
362
MEMORANDUM & ORDER granting in part and denying in part 222 Motion for Summary Judgment. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED IN PART AND DENIED IN PART. So Ordered by Judge Joanna Seybert on 8/27/2012. C/ECF (Valle, Christine)
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Filing
350
MEMORANDUM & ORDER denying 289 Motion for Hearing; granting 204 Motion to Strike; denying 205 Motion to Strike; granting 229 Motion for Leave to File Excess Pages. For the foregoing reasons, Defendants' motion to exclude Plaintiff s' experts is DENIED except to the extent that the discussion above precludes Plaintiffs' Experts' from testifying to any degree of "scientific certainty." Plaintiffs' motion to exclude Defendant's statistics exp ert is GRANTED. Defendants' request to re-open the Daubert record (Docket Entry 289) is DENIED because the evidence to which they call the Court's attention is irrelevant. Defendants' motion to file excess pages (Docket 229) is retroactively GRANTED. So Ordered by Judge Joanna Seybert on 8/15/2012. C/ECF (Valle, Christine)
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Filing
94
MEMORANDUM AND ORDER - On August 27 and 28, 2008, Defendants moved to dismiss this action. In an Order dated August 3, 2009 (August 2009 Order), the Court granted in part and denied in part Defendants' motions. In an Order dated December 11, 200 9 (December 2009 Order), the Court granted in part and denied in part Plaintiffs' motions for reconsideration. Approximately two months later, on February 4, 2010, Defendants filed a letter motion seeking certification of interlocutory appeal pursuant to 28 U.S.C. § 1292. For the reasons set forth herein, Defendants' motion is DENIED. So Ordered by Judge Joanna Seybert on 3/8/2010. C/ECF Associated Cases: 2:06-cv-06695-JS-WDW, 2:06-cv-06720-JS-WDW (Valle, Christine)
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Filing
86
MEMORANDUM AND ORDER - Based on the December 10 proceeding and the Courts December 11 Order, Restivo and Halsteads claims for respondeat superior based on their state law malicious prosecution claims remain DISMISSED. This in no way, however, affects the Countys potential liability under any of Plaintiffs remaining theories. Ordered by Judge Joanna Seybert on 12/21/2009. (Coleman, Laurie)
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Filing
83
MEMORANDUM AND ORDER - The Court finds Defendants remaining defenses without merit for purposes of the Rule 12(c) motion. Accordingly, for the foregoing reasons, Defendants motion to dismiss is GRANTED in part and DENIED in part. The Court permits th e following claims to continue forward: Plaintiffs malicious prosecution claims relating to their first trial, (2) Koguts malicious prosecution claim relating to his second trial, (3) Plaintiffs Due Process claims, (4) Plaintiffs Monell Claims, (5) Koguts negligent supervision claim, (6) Koguts claim based on respondeat superior; and (6) Restivo and Halsteads conspiracy claims. Ordered by Judge Joanna Seybert, on 12/11/2009. (Coleman, Laurie)
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Filing
67
MEMORANDUM AND ORDER - Pending before the Court are Dfts' motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. For the foregoing reasons, Dfts' motion to dismiss is GRANTED in part and DENIED in part. The Court permits the following claims to continue forward: (1) Kogut's malicious prosecution claim relating to his second trial, his negligent supervision claim, and a claim based on respondeat superior; and (2) Restivo's and Hal stead's conspiracy claims. Furthermore, all claims against Gruber are DISMISSED. Finally, Pltffs fail to allege sufficient facts to state a claim against Kane, Willett, Kozier, and Donnelly. Accordingly, Gruber, Kane, Willett, Kozier and Donnelly are DISMISSED. The Clerk of Court is directed to update the docket accordingly. Ordered by Judge Joanna Seybert on 8/3/09. C/ECF (Valle, Christine)
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Filing
57
MEMORANDUM AND ORDER re: 34 Notice of MOTION to Compel. For the reasons set forth herein, Defts' motion is DENIED. Deft is directed to notify the Court by letter of the status of Volpe's deposition: if the deposition has already been ta ken, Defts are directed to provide the dates on which it was taken; if the deposition has not been taken, Defts are directed to provide the dates on which it is scheduled to take place. ( Ordered by Judge Joanna Seybert on 3/31/09.) c/m c/ecf (Fagan, Linda)
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