Soto et al v. The City of New York et al
| Edgar Soto, Jr., Flora Soto and Edgar Soto, Sr. |
| The City of New York, Francis Levelle and John Does 1-8 |
| 1:2012cv06911 |
| September 12, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| 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
265
OPINION & ORDER re: 233 MOTION for Directed Verdict pursuant to Fed. R.Civ.P. 50(b) in favor of plaintiff EDGAR SOTO JR.. filed by Edgar Soto, Sr., Edgar Soto, Jr., Flora Soto. For the foregoing reasons, Plaintiffs' motion is denied. The Clerk of Court is directed to terminate the motion pending at Docket Number 233 and enter judgment in favor of Defendants. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/27/2017) (rj)
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Filing
145
OPINION & ORDER: For the reasons stated herein, Plaintiffs' letter motion to set aside the Opinion is denied. Not only does the Court agree with Judge Gorenstein's thoughtful analysis, but Plaintiffs' argument at best establishes th at "reasonable minds may differ" as to whether HIPAA permits Plaintiffs to withhold their consent to allow Defendants' counsel to communicate with Plaintiffs' medical providers. Tiffany & Co., 2013 WL 5677020, at * 1. Accordingl y, Plaintiffs have failed to meet their burden to establish that the Opinion is clearly erroneous or contrary to law. In their joint letter due on or before December 7, 2015, see Dkt. 144, the parties shall inform the Court whether - and if so, how - this order affects the status of the case. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 11/24/2015) (kgo)
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Filing
135
MEMORANDUM OPINION. Plaintiffs have brought suit against the City of New York and other defendants pursuant to 42 U.S.C. § 1983 alleging claims that include alleged physical and psychological injuries resulting from the defendants' use of e xcessive force. The defendants have sought an order from this Court compelling the plaintiffs to provide releases compliant with the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, 110 Stat. 1936 ("HIPAA") and its regulations that would authorize plaintiffs' medical providers to orally discuss plaintiffs' health information with defense counsel. See Letter from Brian Francolla, filed October 9, 2015 (Docket #129) ("Def. Let."). Plaintif fs have opposed this request. See Letter from Fred Lichtmacher, filed October 16, 2015 (Docket #131) ("Pl. Let."). The Court granted the application at oral argument on October 20, 2015. This Memorandum Opinion sets forth the reasons for that ruling, and as further set forth in this Memorandum Opinion. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/20/2015) (rjm)
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Filing
103
OPINION AND ORDER re: 85 MOTION to Amend/Correct filed by Edgar Soto, Sr., Edgar Soto, Jr., Flora Soto. For the foregoing reasons, Plaintiffs' motion to amend is granted. The Clerk of the Court is respectfully directed to file the Third Amended Complaint and to close item 85 on the docket. SO ORDERED. (See Order.) (Signed by Judge Ronnie Abrams on 5/28/2015) (ajs)
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