Ferguson v. Mika et al
| Dennis Ferguson |
| Jan Mika, John Doe and The City of Albany |
| 1:2008cv00305 |
| March 14, 2008 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Neal P. McCurn |
| Randolph F. Treece |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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| Document Text |
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Filing
44
JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is DISMISSED in its entirety without prejudice to the right of the parties to secure reinstatement of the case within ninety (90) days after the date of this judgment by making a showing that the settlement was not, in fact, consummated; and in the event that no request is made for reinstatement within ninety (90) days of the date of this judgment, the dismissal of this case shall thereafter be with prejudice. (lmw)
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Filing
39
DECISION AND ORDER: It is ORDERED that the # 29 Motion for Summary Judgment is GRANTED in regard to Plaintiff's municipal liability claim against the City of Albany and in regard to Plaintiff's false arrest claim against John Doe; the # [ 29] Motion is DENIED in regard to Plaintiff's excessive force claim against Defendant Mika and in regard to Plaintiff's false arrest and false imprisonment claims against Defendant Mika; Defendants the City of Albany and John Doe are DISMIS SED from this action. It is further Ordered that counsel are to appear in chambers on 11/4/2010 at 2:00 PM with settlement authority. If no settlement is reached trial will be scheduled at that time. Plaintiff is to forward a written settlement demand to Defendants by 10/15/2010 and parties are to engage in meaningful settlement negotiations prior to the 11/4/2010 conference. Signed by Judge Glenn T. Suddaby on 9/29/2010. (mae)
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