Smith v. County of Nassau et al
| Michael Smith |
| County of Nassau, Police Officers John and Jane Does 1 - 10, Anna Gaetano, Police Officer James Healy, Police Officer Martin Helmke, Police Officer Nicole Loduca, Police Officer Timothy Slevin, Harry G. Terezakis and Zurich Associates, Ltd. |
| 2:2010cv04874 |
| October 22, 2010 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| E. Thomas Boyle |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
161
MEMORANDUM & ORDER re 158 and 159 , the parties' pre-trial motions. For the reasons set forth in the attached memorandum and order, the Court grants in part and denies in part the parties' motions. Ordered by Chief Judge Margo K. Brodie on 11/18/2023. (JYJ)
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Filing
97
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATIONS IN PART: For the reasons set forth in the attached Memorandum and Order, the Court adopts in part, and declines to adopt in part, Judge Locke's Report and Recommendations. The Court grants the County Defendants' motion for summary judgment with respect to Plaintiff's due process and malicious prosecution claims, and denies the motion with respect to Plaintiff's false arrest and abuse of process claims. Ordered by Judge Margo K. Brodie on 3/31/2015. (Bewaji, Omolara)
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Filing
64
ORDER granting 43 Motion for Reconsideration: For the reasons contained in the attached Memorandum Opinion and Order, the County Defendants' motion for reconsideration and for vacatur of the $500.00 per diem sanctions award issued as part of the Court's March 26, 2013 Order is granted. In all other respects, the motion is denied. So Ordered by Magistrate Judge E. Thomas Boyle on 7/24/2013. (Minerva, Deanna)
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Filing
60
ORDER: Pursuant to a follow-up conference held on July 10, 2013 - addressing issues unresolved at the telephone conference held on July 8, 2013 - the attached additional rulings apply. So Ordered by Magistrate Judge E. Thomas Boyle on 7/10/2013. (Minerva, Deanna)
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Filing
58
ORDER re 56 Notice(Other) filed by Nicole Loduca, James Healy, Martin Helmke, County of Nassau, Timothy Slevin: The attached rulings were made at the telephone conference conducted on July 8, 2013. Another conference will be held on the u nresolved portions of this Order on July 10, 2013 at 11:00 a.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel shall be present. SEE Order for further details. So Ordered by Magistrate Judge E. Thomas Boyle on 7/8/2013. (Minerva, Deanna)
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Filing
42
ORDER granting in part and denying in part 39 Motion for Sanctions: Discovery is certified as complete with respect to the County Defendants. In addition, the individual County Defendants are precluded from offering any evidence in support of or opposition to any dispositive motion and from testifying at trial unless he or she submits to a deposition on a mutually agreed date and time before May 15, 2013 - at the place noticed by plaintiff's counsel. Monetary sanctions are awarded in favor of plaintiff and against Assistant County Attorney Scott in the sum of $500.00 per day, as and for a sanction based on the failure to comply with the Order of the Court dated October 18, 2012. These sanctions shall apply in the event that the County Defendants continue to fail to fully comply with the October 18, 2012 Order of the Court. Lastly, the Court grants the plaintiffs request for costs relating to the instant motion. Such costs are assessed against Assistant County Attorney Scott. Any such application by plaintiff to assess relevant costs shall be filed on notice to all parties within ten (10) business days. Opposition shall be filed within ten (10) business days thereafter and any reply within five (5) days thereaft er. The County Defendants are on notice that the continued stonewalling of discovery in this action in the future will be addressed by the sanctions outlined in Federal Rules of Civil Procedure 37(b)(2)(A)(i)-(vii) and 16(f), including contempt of court. In all other respects, plaintiff's motion is denied. So Ordered by Magistrate Judge E. Thomas Boyle on 3/26/2013. (Minerva, Deanna)
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