Spinelli, et al v. The City of New York, et al
Plaintiff: Angela Spinelli and Olinville Arms, Inc.
Defendant: The City of New York and Pasquale Carabella
Case Number: 1:2002cv08967
Filed: February 8, 2010
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Frank Maas
Presiding Judge: Robert W. Sweet
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1343 Violation of Civil Rights

Available Case Documents

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Date Filed Document Text
August 30, 2011 Opinion or Order Filing 64 OPINION: Plaintiffs submitted their letter motion on July 27, 2011, and the motion was considered filly submitted on August 17, 2011. Plaintiffs have not established any basis for an exemption from Rule 59(e); therefore, Plaintiff's motion is denied as untimely. (Signed by Judge Robert W. Sweet on 8/25/2011) (rdz) Modified on 8/30/2011 (rdz).
July 12, 2011 Opinion or Order Filing 61 OPINION: For the reasons set forth in this Opinion, Plaintiffs' motion for a new trial is denied. (Signed by Judge Robert W. Sweet on 7/11/2011) (tro)
November 8, 2010 Opinion or Order Filing 51 OPINION. Plaintiffs, in a letter dated November 5, 2010, ask the Court to reconsider its finding that Olinville, not Spinelli, was the licensee for the firearm dealer's license. Plaintiffs cite Title 38 of the of the Rule of the City of New Yor k § 1-02, which provides that a principal agent "refers to the person who is in active charge of the dealership" and that "Dealer's licenses are issued to individuals." The licenses at issue plainly state that Olinville Arms, Inc. was the licensee. Spinelli was listed on one license as Olinville's sole officer, which may be construed as listing Spinelli as the principal agent. This fact leans toward allowing Plaintiff to present her claim for emotional damages. (Signed by Judge Robert W. Sweet on 11/8/10) (djc)
November 1, 2010 Opinion or Order Filing 50 OPINION that through the two letters dated 10/22/10, the Parties have filed several motions in limine. These motions were fully submitted on 10/27/10. They are resolved as further set forth in this document. (Signed by Judge Robert W. Sweet on 11/1/10) (cd)
October 28, 2010 Opinion or Order Filing 47 OPINION for the following reasons, the Court has determined that the post-deprivation hearing should have been given within 30 days of the NYPD's seizure of Plaintiffs' license. Therefore, Plaintiff's damages begin to accumulate from 11/9/01 onward. (Signed by Judge Robert W. Sweet on 10/26/10) (cd)
February 8, 2010 Opinion or Order Filing 40 ORDER, 2/10/10 Pretrial Conference reset for 3/24/2010 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 2/8/10) (cd)
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Plaintiff: Angela Spinelli
Represented By: David A. Zelman
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Plaintiff: Olinville Arms, Inc.
Represented By: David A. Zelman
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Defendant: The City of New York
Represented By: Mark W. Muschenheim
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Defendant: Pasquale Carabella
Represented By: Mark W. Muschenheim
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