Sawabini v. O'Connor Hospital et al
| Lutfallah T. Sawabini |
| O'Connor Hospital and Edward McGrath |
| 3:2015cv00692 |
| June 8, 2015 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Delaware |
| Lawrence E. Kahn |
| David E. Peebles |
| Fair Labor Standards Act |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
131
DECISION AND ORDERED, that the Bassett Motion (Dkt. No. 115) is GRANTED in part as to Southworth. Signed by Senior Judge Lawrence E. Kahn on October 06, 2017. (Copy served via regular and certified)(sas)
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Filing
121
MEMORANDUM-DECISION AND ORDERED, that the State Defendants motion for judgment on the pleadings (Dkt. No. 82) is GRANTED; and it is further ORDERED, that the Bassett Defendants motions for summary judgment (Dkt. Nos. 115, 116) are GRANTED in part as to McCarthy, Hodgman, and McGrath, and that the Court reserves decision on such motions to the extent that they involve Southworths role in Sawabinis confinement; and it is further ORDERED, that within fourteen days of this Memorandum-Decision and Or der, the Bassett Defendants shall submit additional evidentiary material, not to exceed ten pages, that properly supports their assertion that they were aware of threats made by Sawabini that suggested he was a danger to himself or to others, and tha t Sawabini may file a response, not to exceed ten pages, to this supplemental material within fourteen days of the Bassett Defendants filing; and it is further ORDERED, that Carentzs motion for summary judgment (Dkt. No. 104) is GRANTED; and it is further ORDERED, that Sawabinis cross-motion for summary judgment (Dkt. No. 106) is DENIED. Signed by Senior Judge Lawrence E. Kahn on August 28, 2017. (Copy served via regular mail)(sas)
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Filing
9
ORDERED, that the Report-Recommendation (Dkt. No. 6) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that the Complaint (Dkt. No. 1) is DISMISSED without prejudice for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)( ii); and it is further ORDERED, that the Clerk of the Court forward the Amended Complaint (Dkt. No. 7) and the Supplemental Amended Complaint (Dkt. No. 8) to U.S. Magistrate Judge David E. Peebles for initial review. Signed by Senior Judge Lawrence E. Kahn on October 6, 2015.***A copy of this order was served upon the pro se plaintiff by regular US mail. (sas)
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