Gilmore et al v. Bouboulis et al
| Jason Gilmore and Heidi Gilmore |
| Eve Bouboulis, Merritt Hunt, John M. Muehl and Otsego County |
| 3:2015cv00686 |
| June 5, 2015 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Albany |
| David E. Peebles |
| Glenn T. Suddaby |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
51
DECISION AND ORDER granting in part and denying in part # 13 Defendants' Motion for Judgment on the Pleadings; and granting in part and denying in part # 33 Plaintiffs' Cross-Motion for leave to file an Amended Complaint. Based upon Def endants''motion for judgment on the pleadings, the following claims are DISMISSED: (1) Plaintiffs' First Claim for Relief (asserting violations of SNAP statutes and implementing regulations) as to Defendants Otsego County, Bouboulis, a nd Muehl; (2) Plaintiffs' Second Claim for Relief (asserting a due process violation pursuant to the Fourteenth Amendment of the United States Constitution) in its entirety; and (3) Plaintiffs' Fifth Claim for Relief (asserting a due proces s violation pursuant to Article I, § 6 of the New York State Constitution) in its entirety. Based upon Plaintiffs' cross-motion for leave to file an Amended Complaint, and in accordance with Plaintiffs' Proposed Amended Complaint, the following claims are DISMISSED from this action: (1) Plaintiffs' Third Claim for Relief (asserting violations of the right against self-incrimination and the right to counsel pursuant to the Fifth and Fourteenth Amendments of the United States C onstitution) in its entirety; and (2) Plaintiffs' Fourth Claim for Relief (asserting a violation of the right to counsel pursuant to the Sixth and Fourteenth Amendments of the United States Constitution) in its entirety. As of the date of the fi ling of this Decision and Order, the following claims remain PENDING in this action: (1) Plaintiffs' First Claim for Relief (asserting violations of SNAP statutes and its implementing regulations) as to Defendant Hunt only; and (2) Plaintiffs� 39; Sixth Claim for Relief (asserting violations of 18 N.Y.C.R.R., Parts 348 and 359 and New York Social Services Law § 134-a). Plaintiffs shall, within 7 days from the date of this Decision and Order, file a revised, signed Amended Complaint th at omits the claims dismissed by, and asserts only the claims permitted by, this Decision and Order. Defendants are directed to file an answer to Plaintiffs complaint within 14 days after the filing of the Amended Complaint. This case is referred back to Magistrate Judge Peebles for the setting of pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 8/29/16. (lmw)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
