Nuphlo Entertainment, Inc. et al v. Miller et al
| Nuphlo Entertainment, Inc. and Timothy A. Baron |
| Dick Miller, Foothills Performing Arts Center, Inc., Timothy West, Jr. and Jacob Lakomski |
| 3:2013cv00153 |
| February 10, 2013 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Otsego |
| David E. Peebles |
| Frederick J. Scullin |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
185
JUDGMENT: It is ORDERED and ADJUDGED that Magistrate Judge Peebles' Report and Recommendation, dated November 23, 2016, is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that Defendants' # 174 motion fo r sanctions is GRANTED. The Court further ORDERS that Plaintiff's remaining claims in this action are DISMISSED. The Court further ORDERS that the # 168 motion of Defendant Gary Herzig, in his official capacity as Mayor of the City of Oneonta, for a partial judgment in his favor pursuant to Rule 54 of the Federal Rules of Civil Procedure is DENIED as moot. Judgment is entered in favor of Defendants. [Copy served upon pro se plaintiff via regular and certified mail.] (nmk)
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Filing
104
ORDER: The Court hereby ORDERS that Magistrate Judge Peebles' # 100 Report, Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that Plaintiff's claims against Defendant Dick Mille r, in his official and individual capacities are DISMISSED in their entirety; thereby leaving only Russell Southard, Jr., in his official capacity as Acting Mayor of the City of Oneonta; Timothy West, Jr.; Jacob Lakomski; and Foothills Performing Arts Center, Inc. as Defendants in this case. Signed by Senior Judge Frederick J. Scullin, Jr. on 4/20/2015. [Copy served upon pro se plaintiff via regular mail.] (nmk)
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Filing
75
ORDER accepting 68 Report and Recommendations. Defts' 9 , 12 , 23 Motions to Dismiss are granted. Pltf's following claims are dismisssed with leave to replead: (1) section 1983 claims against all Defts, including the conspiracy claim asserted against all Defts and the equal protection claim asserted against the Trooper Defts; (2) section 1981 claims against the City Defts and Deft Foothills; and (3) sections 2000 and 2000a-2 claims against Deft Foothills. Pltf's CAT claim an d his claims arising under section 2000a and 2000a-2, insofar as they seek monetary relief, are dismissed with prejudice. City Defts' motion to strike certain portions of the amended complaint, see Dkt No. 9, is denied. Pltf's 24 Motion for leave to amend is granted in part, and Pltf is permitted to submit a revised second amended complaint by 9/12/14, subject to dismissal of all claims on behalf of Pltf Nuphlo Entertainment, Inc., as well as those claims dismissed with prejudice. Signed by Senior Judge Frederick J. Scullin, Jr on 8/13/14. [Served by mail.] (sfp, )
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