McDonough v. Smith, III et al
| Edward G. McDonough |
| Youel C. Smith, III, Richard J. McNally, Jr., Kevin B. McGrath, John F. Brown, William A. McInerney, John J. Ogden, Kevin F. O'Malley, Daniel B. Brown, Anthony J. Renna, Alan T. Robillard and The County of Rensselaer, New York |
| 1:2015cv01505 |
| December 18, 2015 |
| US District Court for the Northern District of New York |
| Albany Office |
| Rensselaer |
| Mae A. D'Agostino |
| Daniel J. Stewart |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
242
MEMORANDUM-DECISION AND ORDER granting 223 Motion for Summary Judgment: The Court hereby ORDERS that Defendant's motion for summary judgment (Dkt. No. 223) is GRANTED in its entirety; and the Court further ORDERS that Plaintiff's amended complaint (Dkt. No. 185) is DISMISSED with prejudice; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendant's favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 8/11/22. (ban)
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Filing
207
ORDER: Pursuant to this Court's March 25, 2021 Order, Dkt. No. 206, the New York State Police was directed to supply the Court with both redacted and unredacted documents responsive to a subpoena issued by Defendant Smith on December 10, 2020 fo r an in camera review. Counsel for the New York State police has complied with that directive and provided the relevant documents to the Court. After review, the Court concludes that only the following additional unredacted documents should be prov ided to defense counsel pursuant to the subpoena: 1. The New York State Police Level I Investigative Form, dated September 9, 2012 (5 pages). 2. The To/From Memorandum dated November 1, 2011 (2pages). 3. The Interview Transcript of Senior Investig ator Christopher O'Brien dated December 8, 2011 (12 pages). 4. The Typed Statement of Alexander McDonald dated February 27, 2012 (8 pages, unsigned). The Court concludes that there is information contained in these documents that is proportion ally relevant to the needs of this case, and directly relates to issues that were the subject of a lengthy deposition of former Investigator O'Brien. In connection with the in camera submission, counsel for the New York State Police requested p ermission to submit further objections in the event that the Court were to order the release of additional documents. Since the Court is proposing to do so, the Court will grant the New York State Police counsel's office until June 11, 2021 to submit any additional arguments.IT IS SO ORDERED.. Signed by Magistrate Judge Daniel J. Stewart on 6/2/2021. (Copy served via regular mail upon counsel for the New York State Police)(khr)
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Filing
142
MEMORANDUM-DECISION AND ORDER granting 131 Motion for Entry of Judgment under Rule 54(b); granting 133 Letter Request: The Court hereby ORDERS that Plaintiff's motion for entry of a final judgment (Dkt. No. 131), joined byDefendant Smith ( Dkt. No. 133), is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter final judgment as to the dismissal of Plaintiff's claims against Defendant Smith; and the Court furtherORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 5/8/2017.(copy mailed to all non-ecf parties) (ban)
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Filing
121
MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendant Smith's motion to dismiss (Dkt. No. 96 ) is GRANTED in its entirety; and the Court further ORDERS that Defendant Ogden's motion to dismiss (Dkt. No. 73 ) is GRANTED in part and DENIED in part as stated herein; and the Court further ORDERS that Defendant County of Rensselaer's motion to dismiss (Dkt. No. 97 ) is GRANTED in its entirety; and the Court further ORDERS that Defendants Smith and the County of Rensselaer are terminated from this action; and the Court further ORDERS that Defendants John and Daniel Brown's motion for sanctions (Dkt. No. 89 ) is DENIED; and the Court further ORDERS that Plaintiff's cross-motion for sanctions (Dk t. No. 90 ) is DENIED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 12/30/2016. (ban)
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Filing
114
MEMORANDUM-DECISION AND ORDER: The Court ORDERS that Defendant McInerney's motion to dismiss (Dkt. No. 12 ) is GRANTED in part and DENIED in part as stated herein; and the Court further ORDERS that Defendants John and Daniel Brown's mot ion to dismiss (Dkt. No. 40 ) is GRANTED in its entirety; and the Court further ORDERS that Defendant O'Malley's motion to dismiss (Dkt. No. 50 ) is GRANTED in its entirety; and the Court further ORDERS that Defendant Robillard's motion to dismiss (Dkt. No. 56 ) is GRANTED in its entirety; and the Court further ORDERS that Defendant McNally's motion to dismiss (Dkt. No. 64 ) is GRANTED in its entirety; and the Court further ORDERS that Plaintiff's fabrication of evidence claims are DISMISSED as against all Defendants on statute of limitations grounds; and the Court further ORDERS that Defendants John and Daniel Brown, O'Malley, Robillard, and McNally are terminated from this action; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum- Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/30/2016. (ban)
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