Aretakis v. Durivage et al
| John A. Aretakis |
| Robert Durivage, Timothy Nugent, Town of North Greenbush and Robert D. Wells |
| 1:2007cv01273 |
| December 7, 2007 |
| US District Court for the Northern District of New York |
| Albany Office |
| Rensselaer |
| Lawrence E. Kahn |
| Randolph F. Treece |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Defendant |
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Filing
82
AMENDED MEMORANDUM-DECISION AND ORDER re 81 Memorandum-Decision and Order: 76 MOTION for Attorney Fees filed by Timothy Nugent, 79 MOTION for Reconsideration filed by John A. Aretakis. ORDERED that Aretakis's Motion for Reconsideration is DENIED; ORDERED that Defendant Nugent's Motion for Attorney's Fees and Costs is GRANTED; Nugent's attorneys are awarded fees in the amount of $24,525.00 and costs in the amount of $216.39. Signed by Magistrate Judge Randolph F. Treece on 8/12/09. (ban)
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Filing
81
MEMORANDUM-DECISION AND ORDER granting 76 Motion for Attorney Fees; denying 79 Motion for Reconsideration. ORDERED that Aretakis's Motion for Reconsideration is DENIED; ORDERED that Defendant Nugent's Motion for Attorneys' Fees and Cost is GRANTED. Nugent's attorneys are awarded fees in the amount of $24,525.00 and costs in the amount of $216.39. Signed by Magistrate Judge Randolph F. Treece on 8/12/09. (ban)
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Filing
69
MEMORANDUM-DECISION AND ORDER granting 50 Motion to Dismiss, Robert Wells is dismissed from this action; ORDERED that Robert Durivage's and the Town of North Greenbush's Motion to Dismiss is granted in part and denied in part 52 Motion to Dismiss. All causes of action against Durivage and the Town of North Greenbush are dismissed except the cause of action against the Town of North Greenbush alleging a Monell claim based upon the alleged municipal policy, practice, and custom of se lective treatment of Aretakis in that the Town failed to investigate threats made against the Plaintiff, threatened the Plaintiff and his family, targeted and harassed Plaintiff, and unfairly targeted him on multiple occasions with prosecution. Duriv age is dismissed from this action; ORDERED that Timothy Nugent's Motion to Dismiss and/or Summary Judgment is granted and he is dismissed from this action 53 Motion for Summary Judgment. ORDERED that John Aretakis may serve and file a Second A mended Complaint consistent with this Memorandum-Decision and Order within 10 days of the filing date of this Order; ORDERED that Timothy Nugent is the prevailing attorney as to his dispositive motion and we find that Aretakis's Amended Complain t as to Nugent is frivolous and groundless. Nugent is directed to serve and file an application for reasonable attorney fees and costs pursuant to 42 U.S.C. Section 1988, within 20 days of the filing date of this order.Signed by Magistrate Judge Randolph F. Treece on 2/3/09. (ban)
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