33 Seminary LLC et al v. The City of Binghamton et al
| 33 Seminary LLC, 31 Seminary LLC and 26 Seminary Avenue Project LLC |
| The City of Binghamton, Matthew T. Ryan, Kenneth J. Frank, Thomas Costello, David Chadwick, Kevin Esworthy, John Stella, Mark Young, Michelle O'Loughlin, Robert Pompi, Thomas Pollack, Earl Walker, James Worhach, Kelly Ligeikis, Joann Mastronardi, Vladimyr Gouin, Donald Hanrahan, Carman Garufi and Gerald O'Brien |
| 3:2011cv01300 |
| November 2, 2011 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Broome |
| Mae A. D'Agostino |
| David E. Peebles |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
129
MEMORANDUM-DECISION AND ORDER granting 99 Motion for Summary Judgment; denying 118 Motion for Summary Judgment. The Court hereby ORDERS that Defendants' motion for summary judgment (Dkt. No. 99) is GRANTED; and the Court further ORDERS th at Plaintiffs' cross motion for summary judgment (Dkt. No. 118) is DENIED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants' 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 all parties in accordance with the Local Rules. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 07/28/2015. (bto)
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Filing
60
MEMORANDUM-DECISION AND ORDER denying 51 Motion for Summary Judgment: ORDERED, that plaintiffs motion for partial summary judgment (Dkt. No. 51) is DENIED; and it is further ORDERED, that all further pretrial matters are referred to Magistrate Judge Peebles. Signed by U.S. District Judge Mae A. D'Agostino on 6/5/13. (ban)
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Filing
38
MEMORANDUM-DECISION AND ORDER granting in part and denying in part 27 Motion to Dismiss for Failure to State a Claim. ORDERED, that defendants motion for an order dismissing plaintiffs substantive and procedural due process claims (Second and Thir d Cause of Action) as they relate to the property at 31 Seminary Avenue is GRANTED; and it is further ORDERED, that defendants motion for an order dismissing plaintiffs substantive and procedural due process claims (Second and Third Cause of Action) as they relate to the propertyat 26 Seminary Avenue is DENIED; and it is further ORDERED, that defendants motion for an order dismissing plaintiffs equal protection claims based upon a class of one theory is DENIED. However, to the extent that plaint iffsattempt to assert an equal protection claim based upon selective enforcement, defendants motion to dismiss that claim is GRANTED, it is further ORDERED, that defendants motion that the Court abstain from hearing this matterpursuant to the Younger doctrine is DENIED, it is further ORDERED, that plaintiffs motion for leave to amend the pleadings to assert an additional allegation related to the equal protection claim is GRANTED. Plaintiffs shall file and serve its amended complaint within four teen days of the date of this Order in accordance with the Local Rules; and it is further ORDERED, that defendants motion to dismiss plaintiffs remaining causes of action is otherwise DENIED; and it is further ORDERED, that all further pretrial matters are referred to Magistrate Judge Peebles. Signed by U.S. District Judge Mae A. D'Agostino on 4/18/12. (ban)
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