Rothenberg et al v. Matthew Daus et al
| Saul Rothenberg, Ebrahim Abood and Tobby Kombo |
| Matthew Daus, Diane McGrath-McKechnie, Joseph Eckstein, Elizabeth Bonina, Thomas Coyne, The New York City Taxi and Limousine Commission and The City of New York |
| 1:2008cv00567 |
| January 23, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronald L. Ellis |
| Sidney H. Stein |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
207
OPINION & ORDER re: 195 MOTION for Reconsideration filed by The City of New York, Thomas Coyne, Matthew Daus, The New York City Taxi and Limousine Commission, Joseph Eckstein, Diane McGrath-McKechnie, Elizabeth Bonina , 197 MOTION for Reconsideration re; 187 Memorandum & Opinion filed by Konstantinos Katsigiannis, Boubacar Doumbia, Tobby Kombo, Ebrahim Abood, Moustach Ali, Saul Rothenberg, Robert Dyce: The Court grants defenda nts' motion for reconsideration (Dkt. No. 195) insofar as it finds that (1) the individual defendants are entitled to qualified immunity for their actions and (2) there is a factual question as to whether the drug test plaintiffs received notice of the specific drug found in their drug tests prior to their fitness hearings. Summary judgment is therefore granted in favor of the individual defendants, dismissing them from this litigation, and summary judgment is denied to the drug test pla intiffs on the issue of the adequacy of the hearing notice to drug test plaintiffs. Defendants' motion for reconsideration is otherwise denied. Plaintiffs' motion for reconsideration (Dkt. No. 197) is denied, as plaintiffs have failed to identify any new factual matters or changes in controlling law that warrant reconsideration. The Court also denies plaintiffs' request to re-depose Marc Hardekopf, the lead TLC prosecutor, because he has already been deposed twice in this action and plaintiffs have presented no valid reason to depose him yet again. (Signed by Judge Sidney H. Stein on 3/27/2015) (tn)
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Filing
187
OPINION & ORDER re: 146 MOTION for Summary Judgment Renewed Motion for Summary Judgment. filed by Konstantinos Katsigiannis, Boubacar Doumbia, Tobby Kombo, Ebrahim Abood, Moustach Ali, Saul Rothenberg, Robert Dyce, 151 MOTION for Summary Judgment Renewed. filed by The City of New York, Thomas Coyne, Matthew Daus, The New York City Taxi and Limousine Commission, Joseph Eckstein, Diane McGrath-McKechnie, Elizabeth Bonina. For the foregoing reasons, the Cou rt hereby ORDERS that: 1. As to plaintiffs' claim that they were denied due process because they lacked fair notice that their conduct would result in a deprivation of their property: a. Summary judgment is granted in favor of plaintiff Ali. b. Summary judgment is granted in favor of defendants with respect to the claims of plaintiffs Rothenberg, Abood, Kombo, Katsigiannis, Doumbia, and Dyce. 2. As to plaintiffs' claim that they were denied due process because they received inadequate notice of their fitness hearings, thereby depriving them of a meaningful right to be heard: a. Summary judgment is granted in favor of drug test plaintiffs Rothenberg, Abood, Katsigiannis, and Doumbia. b. Summary judgment is granted to defendants wit h respect to the claims of conviction plaintiffs Kombo, Dyce, and Ali. 3. As to plaintiffs' claim that they were denied due process because their postdeprivation hearings failed to provide them a meaningful hearing: a. Summary judgment is grant ed in favor of plaintiff Ali. b. Summary judgment is granted in favor of defendants with respect to the claims of plaintiffs Rothenberg, Abood, Kombo, Konstantinos, Katsigiannis, Doumbia, and Dyce. 4. As to plaintiffs' claim that they were den ied due process because their adjudications took place before biased TLC tribunals, summary judgment is denied as to all parties. 5. As to plaintiffs' claims arising out of state law, summary judgment is granted to defendants. (Signed by Judge Sidney H. Stein on 7/31/2014) (kgo)
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Filing
117
ORDER: Accordingly, It is hereby ordered that Magistrate Judge Ellis's Report and Recommendation be adopted with the additional conclusion noted above. As recommended by Magistrate Judge Ellis, defendants' motion for summary judgment is granted (Dkt. # 76) and plaintiffs' motions for partial summary judgment are denied (Dkt. #48 and #85). So Ordered (Signed by Judge Sidney H. Stein on 9/30/2010) (js)
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Filing
75
ORDER, Telephone Conference set for 2/10/2010 at 12:00 PM before Magistrate Judge Ronald L. Ellis. The parties will jointly place a telephone call to the chambers at 212-805-0242. (Signed by Magistrate Judge Ronald L. Ellis on 2/2/10) (cd)
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Filing
58
ORDER, Fact Discovery due by 11/6/2009. Re plaintiffs' summary judgment motion: Reply due by 11/6/2009. Response due by 10/16/2009. (Signed by Magistrate Judge Ronald L. Ellis on 9/28/09) (cd)
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Filing
39
STIPULATION AND ORDER REGARDING CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Magistrate Judge Ronald L. Ellis on 3/31/09) (cd)
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