Alvarez v. The City of New York et al
| Angel Alvarez |
| The City of New York, Raymond Kelly, Douglas A. Brightman, Thomas M. Cozart, Paul M. Kerrigan, Mihael T. Tedeschi, Tiffany Jeffries, Joseph Green, Philip Terpos, Police Officer John Does 1-20 and Supervisory Police Officers Richard Roes 1-20 |
| 1:2011cv05464 |
| August 5, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Lewis A. Kaplan |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
200
OPINION AND ORDER: re: 193 FIRST MOTION for Reconsideration re; 192 Memorandum & Opinion filed by Thomas M. Cozart, The City of New York, Michael T. Tedeschi, Paul M. Kerrigan. For the foregoing reasons, Defendants' motion for reconsider ation is GRANTED in part. Upon reconsideration, Alvarez's motion for attorney's fees is denied. As previously held, Alvarez is entitled to costs prior to Defendants' Rule 68 offer of judgment, and Defendants are entitled to costs there after. The parties are directed to confer regarding the respective awards of costs. If they are unable to reach agreement on a proposed order by December 22, 2017, they shall submit letter briefs on the issue by January 5, 2018. The Clerk of Court is directed to close the motion at Docket Number 193.SO ORDERED. (Signed by Judge J. Paul Oetken on 12/05/2017) (ama)
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Filing
192
OPINION AND ORDER: re: 173 FIRST MOTION for New Trial filed by Angel Alvarez, 182 MOTION for Judgment as a Matter of Law (Notice of Motion) filed by Thomas M. Cozart, The City of New York, Michael T. Tedeschi, Paul M. Kerrigan. For the foregoing reasons, Alvarez's motion for a new trial is DENIED and his request for fees and costs is GRANTED. Defendants' motion for judgment as a matter of law is DENIED and their request for costs is GRANTED. Defendants are directe d to file supplemental briefing on the reasonableness of the fee and costs award, along with their application for costs, within 30 days of the date of this Opinion and Order; any response from Alvarez shall be filed within 14 days thereafter. The Clerk of Court is directed to close the motions at Docket Number 173 and Docket Number 182. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/27/2017) (ama)
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Filing
44
MEMORANDUM OPINION re: 34 MOTION to Dismiss filed by Philip Terpos, Thomas M. Cozart, Michael T. Tedeschi, Douglas A. Brightman, Tiffany Jeffries, Paul M. Kerrigan, The City of New York, Daniel Hull, Raymond Kelly, Joseph Green, Robert Gibbons, Mih ael T. Tedeschi. Defendants motion to dismiss [DI 34] is granted to the extent that (1) Count I is dismissed as to (a) the claim of use of excessive force against defendant City of New York and (b) the conspiracy claims, (2) Counts II and VIII are di smissed as to all named defendants, (3) Count IV is dismissed as to (a) defendants Brightman, Kerrigan, Cozart, and Tedeschi regarding any failure to intervene in Terposs alleged use of excessive force and (b) defendants City of New York, Terpos, Gre en, Jeffries, Hull, Gibbons, and Kelly, (4) Count V is dismissed in its entirety, and (5) Count XI is dismissed on the ground that no separate cause of action lies for punitive damages 37 although, ofcourse punitive damages may be recovered in an app ropriate case where otherwise permitted by law. It is denied in all other respects. Plaintiff may file an amended complaint to the extent indicated herein and at oral argument provided it is filed no later than December 21, 2012. The previously entered stay of discovery is vacated. (Signed by Judge Lewis A. Kaplan on 12/12/2012) (cd)
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