Moore et al v. Keller et al
| Michael Moore, Lise Y. Moore, Sabria Moore and Jalia Graham |
| Michael Keller, Paul Daugherty, Michael Jorgensen, Joseph Nappo, Stephen Mauser and Julie Sunser |
| 5:2016cv01230 |
| October 11, 2016 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Therese Wiley Dancks |
| David N. Hurd |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
150
ORDER granting in part and denying in part DKT # 145 Motion for Attorney Fees:it is ORDERED that 1. Plaintiffs motion for attorneys fees is GRANTED in part and DENIED in part; 2. Plaintiffs motion for litigation costs is GRANTED in part and DENIED in part; 3. Plaintiffs are awarded $129,738.00 in attorneys fees; 4. Plaintiffs are awarded $8,197.70 in litigation costs. Signed by Judge David N. Hurd on November 22, 2021. (gmd, )
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Filing
142
MEMORANDUM DECISION AND ORDER it is ORDERED that Defendants DKT # 133 motion for judgment as a matter of law is DENIED; and Plaintiffs DKT # 132 motion for a new trial is DENIED. Signed by Judge David N. Hurd on 09/07/21. (gmd, )
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Filing
109
ORDER ON MOTIONS IN LIMINE: It is Ordered that 1) Plaintiffs # 96 Motion is GRANTED; (I.A) Evidence that Michael Moore was admitted to a psych ward in 1973 is PRECLUDED; (I.B) Evidence that an unverified urine test result showed Michael Moore had o ne or more drugs in his system is PRECLUDED; (II.A) Evidence that Michael Moore may have had a prior physical altercation with one of his children, along with evidence of any of Michael Moores prior criminal convictions, is PRECLUDED; (II.B) Defendan ts may refer to the plaintiff Lise Y. Moore as a step-mother, but any specific evidence that she is not the biological mother of plaintiffs Sabria Moore and Jalia Graham is otherwise PRECLUDED; (III.A) Evidence that plaintiff Sabria Moore was subsequ ently charged with theft by shoplifting in Georgia and petit larceny New York is PRECLUDED; (III.B) Evidence that plaintiff Jalia Graham was subsequently charged with petit larceny in New York is PRECLUDED; 2. Defendants # 95 Motion is GRANTED in p art and DENIED in part; (I) Evidence or argument regarding SUNY Upstates potential obligation to indemnify defendants is PRECLUDED; (II) Evidence regarding defendants disciplinary history, personnel records, or other allegations of misconduct is PREC LUDED IN PART as follows: (a) the employment evaluations for the named defendants are PRECLUDED; (b) a visitor complaint filed against defendant Nappo in January of 2021 is PRECLUDED; (c) records concerning an incident in October of 2013 that resulte d in defendant Kellers termination is NOT PRECLUDED; (III) Defendants motion to preclude plaintiffs from introducing evidence or testimony about the dismissal of the criminal charges stemming from their arrests in this case is DENIED; (IV) Defendants motion to preclude plaintiffs expert from testifying about claims brought by Michael Moore is GRANTED; (V) Defendants motion to preclude plaintiffs from offering any evidence as to damages they may have sustained from Michael Moores hospitalization is GRANTED; (VI) Defendants motion to preclude plaintiffs from offering testimony or evidence about lost wages is DENIED; (VII) Defendants motion to preclude plaintiffs expert from offering certain opinion evidence about defendants use of force is DE NIED subject to appropriate expert qualification; (VIII) Defendants motion to preclude plaintiffs expert from offering certain other opinion evidence is DENIED subject to appropriate expert qualification; 3. Plaintiffs # 105 Letter Brief/Motion obj ecting to certain aspects of defendants witnesses possible testimony is DENIED without prejudice to renew at trial; and 4. Plaintiffs # 106 Second Letter Brief/Motion is DENIED as follows: (a) plaintiffs request to preclude testimony or evidence ab out defendants promotion or current rank and duties is DENIED; (b) plaintiffs request for voir dire questioning about the Derek Chauvin verdict is DENIED; and (c) plaintiffs request for a missing witness instruction is DENIED without prejudice to renew. Signed by Judge David N. Hurd on 4/22/2021. (jmb)
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Filing
84
MEMORANDUM - DECISION and ORDER: Granting in part and denying in part 72 Motion for Summary Judgment: ORDERED that Defendants' 72 motion for summary judgment is GRANTED in part and DENIED in part; Plaintiffs' state law con stitutional claims, state law negligence claims, due process claims, and any claims brought by Michael Moore have been abandoned and are DISMISSED; Michael Moore is DISMISSED as a named plaintiff; Plaintiffs' state law assault and bat tery claims, state law false arrest claims, and state law malicious prosecution claims are barred by the applicable statute of limitations and are DISMISSED; Plaintiffs' § 1983 malicious prosecution claims are DISMISSED; and A jury trial on plaintiffs Lise Moore, Sabria Moore, and Jalia Graham's § 1983 claims for false arrest and excessive force is scheduled for December 14, 2020 in Utica, New York. IT IS SO ORDERED by Judge David N. Hurd on 10/29/2020. (ptm, )
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Filing
64
ORDER: Approving the # 63 Stipulation of Dismissal, it is Ordered that all plaintiff's claims against defendant Stephen Mauser only, in this action are hereby DISMISSED WITH PREJUDICE and without costs to any party as against the other. Signed by Judge David N. Hurd on 2/26/2020. (jmb)
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Filing
21
DECISION & ORDER: The Court finds that original jurisdiction exists over the federal claim and supplemental jurisdiction is proper over the state law claims. Accordingly, plaintiffs' # 10 Motion to Remand to State Court is DENIED and all claims will remain in Federal Court. Signed by Judge David N. Hurd on 8/31/2017. (jmb)
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