J. & W. Trading and Leasing Inc. et al v. State of New York et al
| J. & W. Trading and Leasing Inc., James P. Mhina, Peter F. Mhina, Marie K. Mhina, E.E.M. and Kathy M. Mhina |
| State of New York, County of Onondaga, Beth Van Doren, City of Syracuse, Anthony Collavita, David Burske, Woodhaven Apartments, Owner of Woodhaven Apartments, Woodhaven Apartments Superintendent, Key Bank, Key Bank Vice President of Security, Citizens Bank, Citizens Bank Vice President of Security, Bank of America and Amy Bidwell |
| 5:2015cv00327 |
| March 20, 2015 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| David E. Peebles |
| Gary L. Sharpe |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
215
MEMORANDUM-DECISION and ORDER - That Mhina's 201 motion for summary judgment is DENIED. That defendants' 202 cross motion for summary judgment is GRANTED and Mhina's 24 second amended complaint is DISMISSED. Signed by Senior Judge Gary L. Sharpe on 1/15/2020. (Copy served via regular and certified mail to plaintiff)(jel, )
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Filing
175
MEMORANDUM-DECISION and ORDER - That Van Doren's 128 motion to dismiss is GRANTED. That Colavita's and Buske's 133 motion to dismiss is GRANTED IN PART and DENIED IN PART as follows: GRANTED as to Mhina's conspiracy and S ection 1983 false arrest claims and DENIED in all other respects. That the following claims remain against Colavita and Buske: malicious prosecution claims under Section 1983 and New York State law; a Section 1981 claim; and a false arrest claim under New York State law. That the Clerk terminate defendant Van Doren from this action. Signed by Senior Judge Gary L. Sharpe on 8/1/2018. (Copy served via regular mail)(jel, )
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Filing
115
MEMORANDUM-DECISION and ORDER - That Citizen Bank defendants' motion to dismiss (Dkt. No. 67) is GRANTED and all claims alleged against them are DISMISSED. That Bank of America defendants' motion to dismiss (Dkt. No. 85) is GRANTED and all claims against them are DISMISSED. That Woodhaven defendants' motion to dismiss (Dkt. No. 87) is GRANTED and all claims alleged against them are DISMISSED. That Key Bank defendants' motion to dismiss (Dkt. No. 88) is GRANTED and all clai ms alleged against them are DISMISSED. That plaintiff's motion for default judgment (Dkt. No. 98) is DENIED. That the cross claims by Officers Collvita and Buskey and Assistant District Attorney Van Doren for indemnification or contribution (D kt. No. 46 paras. 48-49; Dkt. No. 49 paras. 78-79) against all moving defendants are DISMISSED. That the Clerk is directed to terminate the following defendants from this action: Vinrod Luthra; Woodhaven Apartments; Citizens Bank; Cathleen Nash; Bank of America; Brian Moynihan; Amy Bidwell; Key Bank, N.A.; Henry L. Meyer, III; and Vice President of Security Key Bank (John Doe). Signed by Senior Judge Gary L. Sharpe on 9/26/2016. (jel, )
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Filing
22
ORDER - That the Report and Recommendation (Dkt. No. 18) is ADOPTED in its entirety. That plaintiff J. & W. Trading and Leasing, Inc. is terminated from the action. That defendant State of New York is dismissed from the action. That the claims as serted against defendants Bank of America, John Doe 5 9 identified in the amended complaint as "Bank of America Branch Manager"), and Woodhaven Apartments are dismissed, without prejudice, to plaintiff James Mhina's right to file a sec ond complaint that cures the deficiencies identified in the report-recommendation regarding those claims. That, in the event plaintiff James Mhina does not avail himself of the opportunity to amend, the amended complaint be accepted for filing and defendants be directed to respond except those claims against defendants Bank of America, John Doe 5, and Woodhave Apartments be dismissed with prejudice. Issued by Judge Gary L. Sharpe on 10/15/2015. (jel, )
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Filing
11
MEMORANDUM-DECISION AND ORDER: It is ORDERED that Magistrate Judge David E. Peebles' # 5 Report-Recommendation and Order is REJECTED IN PART only to the extent that it is recommended that Plaintiff James P. Mhina's claims against Beth Va n Doren be dismissed with prejudice, and Mhina may re-plead his claims against Beth Van Doren if he chooses to file an amended complaint. It is ORDERED that the Report-Recommendation and Order is ADOPTED in all other respects. It is ORDERED that the claims against the State of New York are DISMISSED WITH PREJUDICE, and that all other claims, except for those asserted against Defendants Anthony Collavita and David Burske, are DISMISSED WITHOUT PREJUDICE. It is further ORDERED that Plaintiffs Pete r F. Mhina, Marie K. Mhina, E.E.M, Kathy M. Mhina and J. & W. Trading and Leasing Inc. be terminated unless, within thirty (30) days of this Memorandum-Decision and Order, they sign the complaint, either file an application for leave to proceed IFP o r pay the filing fee, and with respect to J. & W. Trading and Leasing Inc., it appears in this action through counsel. Signed by Chief Judge Gary L. Sharpe on 7/08/2015. [Copy of this Memorandum-Decision and Order served upon non-electronic parties by regular mail.] (mc)
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