Koehler v. Metropolitan Transportation Authority
| Robert Koehler |
| Metropolitan Transportation Authority |
| 2:2016cv00003 |
| January 3, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Anne Y. Shields |
| Arthur D. Spatt |
| Federal Employer's Liability |
| 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act |
| Plaintiff |
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Filing
90
ORDER denying 79 Motion to Set Aside Verdict; denying 79 Motion to Set Aside Judgment; denying 79 Motion for Judgment as a Matter of Law. For the reasons set forth in the attached Memorandum and Opinion, Defendant's post-trial motions pursuant to Rules 50, 59 and 60 of the Federal Rules of Civil Procedure are all DENIED. So Ordered by Magistrate Judge Anne Y. Shields on 3/14/2023. (DM)
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Filing
51
ORDER granting in part and denying in part 38 Motion for Summary Judgment. As set forth in the attached Opinion & Order, the branch of Defendant's motion seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure dis missing Plaintiff's negligence claim based upon the location of the barriers and/or the manner in which they were stored is DENIED; the branch of Defendant's motion seeking summary judgment dismissing Plaintiff's negligence claim based upon the purported negligence of the Troopers is GRANTED and Defendant is granted judgment as a matter of law dismissing that claim with prejudice; and Plaintiff's unopposed cross motion for summary judgment striking Defendant's third and fourth affirmative defenses is GRANTED and Plaintiff is granted judgment as a matter of law striking Defendant's third and fourth affirmative defenses. So Ordered by Magistrate Judge Anne Y. Shields on 8/17/2021. (Mucciaccio, Dina)
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Filing
15
MEMORANDUM OF DECISION & ORDER - Based on the foregoing, the Defendants 10 motion to dismiss the complaint is granted, and the complaint is dismissed without prejudice. The Plaintiffs motion to amend the complaint is denied without prejudice and w ith leave to refile as a formal motion. The Plaintiff has twenty days from the date of this decision to file his motion to amend the complaint formally under FED. R. CIV. P. 15. If the Plaintiff fails to file such a motion by November 3, 2016, the Clerk of the Court is ordered to close the case. So Ordered by Judge Arthur D. Spatt on 10/14/2016. (Coleman, Laurie)
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| Plaintiff: Robert Koehler | |
| Represented By: | Philip Jay Dinhofer |
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| Defendant: Metropolitan Transportation Authority | |
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