Cabble v. Rollieson et al

Cabble v. Rollieson et al

Case Number:	1:2004cv09413
Filed:	December 1, 2004
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Frank Maas
Presiding Judge:	Maryland Unassigned
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Both

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Date Filed	Document Text
March 29, 2010	Filing 100 MEMORANDUM OPINION AND ORDER re: 94 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by City of New York. For the reasons set forth in this Memorandum Opinion and Order, Defendant's motion to dismiss the Seco nd Amended Complaint is granted as to Plaintiff's federal and state malicious abuse of process claims, and as to Plaintiff's federal malicious prosecution claim insofar as it seeks to hold the Defendant City liable for alleged violations of his rights by prosecutors. The motion is denied in all other respects. This Memorandum Opinion and Order resolves docket entry number 94. This case remains referred to Magistrate Judge Maas for general pretrial management. The parties are directed to meet promptly with Judge Maas to address settlement and any outstanding pretrial matters. (Signed by Judge Laura Taylor Swain on 3/29/2010) (tro)
March 30, 2009	Filing 89 MEMORANDUM OPINION AND ORDER #97312: For the reasons set forth in this order, Defendants motion for judgment on the pleadings in its favor is granted, without prejudice to the filing of service of a Second Amended Complaint within 30 (thirty) days fr om the date of this Memorandum Opinion and Order. A courtesy copy of any such amended pleading shall be provided for chambers. If no amendment is timely served and filed, the Amended Complaint will be dismissed with prejudice and the case will be closed without further advance notice to the parties. The Clerk of Court is respectfully requested to terminate Docket Entry No. 65. (Signed by Judge Laura Taylor Swain on 3/30/09) (mme) Modified on 3/31/2009 (mro).

Date Filed

Document Text

March 29, 2010

Filing 100 MEMORANDUM OPINION AND ORDER re: 94 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by City of New York. For the reasons set forth in this Memorandum Opinion and Order, Defendant's motion to dismiss the Seco nd Amended Complaint is granted as to Plaintiff's federal and state malicious abuse of process claims, and as to Plaintiff's federal malicious prosecution claim insofar as it seeks to hold the Defendant City liable for alleged violations of his rights by prosecutors. The motion is denied in all other respects. This Memorandum Opinion and Order resolves docket entry number 94. This case remains referred to Magistrate Judge Maas for general pretrial management. The parties are directed to meet promptly with Judge Maas to address settlement and any outstanding pretrial matters. (Signed by Judge Laura Taylor Swain on 3/29/2010) (tro)

March 30, 2009

Filing 89 MEMORANDUM OPINION AND ORDER #97312: For the reasons set forth in this order, Defendants motion for judgment on the pleadings in its favor is granted, without prejudice to the filing of service of a Second Amended Complaint within 30 (thirty) days fr om the date of this Memorandum Opinion and Order. A courtesy copy of any such amended pleading shall be provided for chambers. If no amendment is timely served and filed, the Amended Complaint will be dismissed with prejudice and the case will be closed without further advance notice to the parties. The Clerk of Court is respectfully requested to terminate Docket Entry No. 65. (Signed by Judge Laura Taylor Swain on 3/30/09) (mme) Modified on 3/31/2009 (mro).

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