Warburton v. County of Ulster et al
| Jennifer Warburton |
| County of Ulster, Paul Van Blarcum and John Does I-V |
| 1:2017cv01219 |
| November 6, 2017 |
| US District Court for the Northern District of New York |
| Albany Office |
| Ulster |
| Christian F. Hummel |
| Glenn T. Suddaby |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
84
DECISION AND ORDER that the Clerk of the Court is directed to correct the spelling of the name of Defendant Mattracion in the caption of the docket sheet in this case in accordance with note 1 of this Decision and Order. The Urgent Defendants 9; motion for judgment on the pleadings or in the alternative for summary judgment (Dkt. No. 71 , Attach. 26), and the Ellenville Defendant's motion for judgment on the pleadings or in the alternative for summary judgment (Dkt. No. 72 , At tach. 6), are GRANTED. The following claims are DISMISSED: (1) Plaintiff's First Claim (under the Fourteenth Amendment's Due Process Clause) against all Defendants; (2) Plaintiff's Second Claim (under the Fourth Amendment' s prohibition against unreasonable searches and seizures) against all Defendants; (3) Plaintiff's Third Claim (under the Fifth Amendment's Takings Clause) against the Ellenville Defendants; and (4) all of Plaintiff's claims against Defendant Jacobs and Markiewicz. Plaintiff's sole remaining claim, under New York State common law for property damage ("Claim Five"), is DISMISSED without prejudice to refiling in state court pursuant to the applicable limitations period, because the Court declines to exercise supplemental jurisdiction. Signed by Chief Judge Glenn T. Suddaby on 11/13/2020. (sal )
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Filing
60
DECISION AND ORDER granting # 41 Defendant Schug's Motion to Dismiss. Plaintiff's Due Process Clause claim against Defendant Schug pursuant to the Fourteenth Amendment is dismissed. Signed by Chief Judge Glenn T. Suddaby on 7/1/19. (lmw)
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Filing
18
DECISION AND ORDER granting # 7 County Defendants' Motion to Dismiss certain of Plaintiff's claims against them for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6)is GRANTED; and the following claims are DISMISSED: (1) Plaint iff's Takings Clause claim against the County Defendants pursuant to the Fifth Amendment ("Claim Three"); (2) Plaintiff's Monell claims against the County Defendants ("Claim Four"); and (3) Plaintiff's failure-to-tr ain-and-supervise claim against Defendant Van Blarcum ("Claim Six"). It is further ORDERED that Plaintiff SHOW CAUSE in writing, on or before OCTOBER 9, 2018, why the Court should not sua sponte dismiss her action without prejudice with re gard to the unserved Defendants pursuant to Fed. R. Civ. P. 4(m) and 41(b), and Local Rule 41.2(a) of the Local Rules of Practice for this Court, for failing to timely serve Defendants Abram Markiewitz, Oscar Lopez, Robert Shamro, Robert Leonardo, De nnis Doyle, Andres Arestin, Richard Jacobs and Phillip Mattraction with her Amended Complaint, and for failing to name and serve the John Doe Defendants. It is further ORDERED that the County Defendants are directed to file an answer to Plaintiff 9;s Amended Complaint within FOURTEEN DAYS of the date of this Decision & Order pursuant to Fed.R.Civ.P. Rule 12(a)(4)(a), and this case is referred back to Magistrate Judge Hummel for a Rule 16 conference and the setting of pretrial scheduling deadlines. The Clerk of the Court is directed to add Brian Schug as a Defendant. Signed by Chief Judge Glenn T. Suddaby on 9/24/18. (lmw)
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