Kenney v. Clay et al
| Derek Kenney |
| Anthony Clay, James Lorenzoni, Edgar Beaudin, John Does 1-5 and The City of Gloversville |
| 6:2011cv00790 |
| July 11, 2011 |
| US District Court for the Northern District of New York |
| Utica Office |
| Fulton |
| Andrew T. Baxter |
| David N. Hurd |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
115
ORDER: approving the # 114 Stipulation of Discontinuance, this action is hereby discontinued, with prejudice, without costs or attorneys' fees to either party as against the other. Signed by Judge David N. Hurd on 2/28/2017. (jmb)
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Filing
113
ORDER OF DISMISSING BY REASON OF SETTLEMENT: This action is dismissed in its entirety, without costs and without prejudice to the right to reopen within 60 days if its not consummated, unless extended by the Court. If the parties wish for the Court t o retain ancillary jurisdiction for the purpose of enforcing any settlement agreement, they must submit a request that the Court retain jurisdiction. The dismissal shall become with prejudice on the 61st day. Signed by Judge David N. Hurd on 9/20/2016. (jmb)
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Filing
103
MEMORANDUM-DECISION & ORDER: It is Ordered that Defendant's # 70 Motion for Summary Judgment is GRANTED in part and DENIED in part, Plaintiff's first cause of action for false arrest, sounding in federal law, is DISMISSED in its entirety; Plaintiff's second cause of action for malicious prosecution, sounding in federal law, is DISMISSED in its entirety; Plaintiff's third cause of action against defendant Officer Anthony Clay, alleging the violation of his Fifth Amendment ri ght against self-incrimination remains for trial; Plaintiff's fourth cause of action, alleging a Monell claim is DISMISSED as to defendant Officer Edgar Beaudin and remains for trial as to defendant City of Gloversville; Plaintiff's fifth c ause of action for malicious prosecution and false arrest, sounding in state law, is DISMISSED in its entirety, Plaintiff's sixth cause of action for intentional infliction of emotional distress andnegligent infliction of emotional distress, is DISMISSED in its entirety; Plaintiff's seventh cause of action for negligent supervision and retention ofemployees remains for trial, as to defendants Officer Edgar Beaudin and City ofGloversville; All causes of action against defendant Officer James Lorenzoni are DISMISSED, John Does 1-5 are DISMISSED; Plaintiff's demand for punitive damages remains for trial; and Plaintiff's # 83 Motion to Amend/Correct the Complaint is DENIED. {Order refers to the # 91 Stipulation of Discontinuance for various dismissed claims} Signed by Judge David N. Hurd on 3/23/2016. (jmb)
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Filing
91
ORDER: approving the # 86 Stipulation of Partial Discontinuance. This action is hereby partially disconinued, with prejudice and without costs, including any attorneys' fees to either party as against the other as follows: a) in its entirety a s against all defendants in the first cause of action, b) in its entirety as against all defendants in the second cause of action, c) the fourth cause of action as against defendant Edgar Beaudin only, d) it its entirety as against all defendants, in the fifth cause of action, e) any and all claims made against defendant James Lorenzoni. Nothing shall be construed as discontinuing or limiting Plaintiff's ability to litigate his third cause of action and fourth cause of action as against the City of Gloversville only pursuant to 42 USC section 1983, nor his remaining pendant state claw claims in the sixth cause of action and seventh cause of action. Signed by Judge David N. Hurd on 10/28/2014. (jmb)
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