Ratner v. Robinson et al
| Cary Ratner |
| County of Nassau, Detectives John Doe 2:13cv6278 1-10, Nassau County Office of the District Attorney, Nassau County Police Department, Detective Brett Nordman, Linda Robinson and Mitchell Shapiro |
| 2:2013cv06278 |
| November 13, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Joanna Seybert |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
65
MEMORANDUM & ORDER granting 42 Motion to Dismiss for Failure to State a Claim; granting 46 Motion to Dismiss for Failure to State a Claim; denying 56 Motion for Sanctions; denying 58 Motion for Sanctions. For the foregoing reasons, th e Clerk of the Court is directed to CONSOLIDATE Ratner v. Robinson, et. al., No. 13-CV- 6278, and Ratner v. Robinson, et. al., No. 14-CV-7337. All future filings are to be docketed in the earlier case number, 13-CV-6278, and the Clerk of the Court is directed to mark case number 14-CV- 7337 CLOSED. Upon consolidation, the Clerk of the Court is directed to add the Complaint in Case No. 14-CV-7337, (Docket Entry 1), on the docket in Case No. 13-CV-6278. Robinson's and Shapiro's motions to dismiss the Cary Ratner Amended Complaint are GRANTED and all of Cary Ratner's claims against Robinson and Shapiro are DISMISSED WITH PREJUDICE. Cary Ratner's only remaining claims are against the County Defendants for false arrest, mali cious prosecution, abuse of process, and municipal liability pursuant to Section 1983, as well as related state law claims sounding in negligence, false arrest, malicious prosecution, and fraud. Robinson's and Shapiro's motions to dismiss the Seth Ratner Complaint are GRANTED IN PART AND DENIED IN PART. Seth Ratner's claims against Robinson and Shapiro pursuant to Section 1983 and for negligence, false arrest, and fraud are DISMISSED WITH PREJUDICE. Seth Ratner's claim again st Shapiro for malicious prosecution is DISMISSED WITHOUT PREJUDICE and with leave to replead. If Seth Ratner wishes to replead these claims, he must do so within thirty (30) days of the date of this Memorandum and Order. If he fails to do so, his ma licious prosecution claim against Shapiro will be dismissed with prejudice. Seth Ratner's claim against Robinson for malicious prosecution remains, as do his claims against the County Defendants. Robinson's and Shapiro's motions for sanctions are DENIED. So Ordered by Judge Joanna Seybert on 11/10/2015. C/M; C/ECF (Valle, Christine)
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Filing
36
MEMORANDUM & ORDER denying as moot 32 Motion to Amend/Correct/Supplement; granting in part and denying in part 8 Motion for Judgment on the Pleadings; granting in part and denying in part 9 Motion for Judgment on the Pleadings; For the fore going reasons, Robinson's and Shapiro's motions for judgment on the pleadings (Docket Entries 8 & 9) are GRANTED IN PART and DENIED IN PART. Plaintiff's Section 1983 claims against Robinson and Shapiro are DISMISSED WITHOUT PREJUDICE a nd with leave to replead. If Plaintiff wishes to replead these claims, he must do so within thirty (30) days of the date of this Memorandum and Order. If he fails to do so, his Section 1983 claims against Robinson and Shapiro will be dismissed with p rejudice. Plaintiff's state law claims against Robinson and Shapiro remain. Plaintiff's motion for leave to file an amended opposition (Docket Entry 32) is DENIED AS MOOT. Given Plaintiff's pro se status, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis status is DENIED for purposes of an appeal. The Clerk of Court is directed to mail a copy of this Memorandum and Order to the Pro Se Plaintiff. So Ordered by Judge Joanna Seybert on 9/16/2014. C/M; C/ECF (Valle, Christine)
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