Tardif v. City of New York et al
| Mary M. Tardif |
| City of New York, New York City Police Department, John O'Connell, Edward Winski, James McNamara, Alena Aminova, Kendal Creer, Rumble and John Doe |
| 1:2013cv04056 |
| June 13, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Laura Taylor Swain |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
599
OPINION & ORDER re: 580 MOTION for Judgment as a Matter of Law; MOTION for New Trial, filed by City of New York. For the foregoing reasons, Defendant's motion for judgment as a matter of law is DENIED. Defendant's mo tions for a new trial or remittitur of damages are also DENIED. The Clerk is respectfully directed to close the motions at ECF No. 580. In addition, the Court lifts its stay regarding execution of the judgment (see ECF No. 598), now that Defendant's post-trial motions have been resolved. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/14/2023) (va)
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Filing
595
ORDER: By November 18, 2022, Defendant is directed to submit the following: 1) Evidence that there are sufficient funds to pay the judgment; and 2) Any additional information that would help the Court balance the In Re Nassau County factors. And as set forth herein. SO ORDERED. (Signed by Judge Kimba M. Wood on 10/21/2022) (ama)
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Filing
594
ORDER: granting 592 Letter Motion to Seal. Plaintiff's request to file Exhibits 2 and 3 under seal is granted. SO ORDRED. (Signed by Judge Kimba M. Wood on 10/03/2022) (ama)
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Filing
589
ORDER: By September 30, 2022, Defendant is directed to submit the following: 1) Evidence that there are sufficient funds to pay the judgment; and 2) Any additional information that would help the Court balance the In Re Nassau County factors. And as set forth herein. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/15/2022) (ama)
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Filing
585
ORDER granting 583 Letter Motion to Seal. SO ORDERED.. (Signed by Judge Kimba M. Wood on 8/17/2022) (ks)
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Filing
574
ORDER: denying 573 Letter Motion for Extension of Time to File. Because final judgment has not yet been entered, the motion is DENIED. Once final judgment has been entered, Plaintiff shall file a Notice of Taxation of Costs pursuant to Local Civil Rule 54.1 if she seeks to recover costs. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/11/2022) (ama)
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Filing
572
ORDER: granting 552 Letter Motion for Extension of Time to File. In light of the factors set forth in, the execution of judgment without bond or other security is stayed for 30 days to allow the City to provide the following:1) Evidence that there are sufficient funds to pay the judgment; and 2) Any additional information that would help the Court balance the factors. In light of Plaintiff's consent, Defendant's request to extend the briefing schedule for its post-trial motions by tw o weeks is granted. No further extensions of the briefing schedule will be granted. Defendant must file its memorandum of law in support by August 15, 2022; Plaintiff must file her memorandum of law in opposition by September 29, 2022; and, if Defendant wishes to file a reply, it must do so by October 31, 2022. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/01/2022) (ama)
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Filing
551
ORDER: On July 1, 2022, the jury returned a verdict for Mary Tardif, finding the City of New York to be liable for battery on the basis of Sergeant Giovanni Mattera's conduct, but not to be liable for assault, and awarding Ms. Tardif $431,2 50 in compensatory damages. Immediately after the verdict was announced, Defendant renewed its Rule 50 motion for judgment as a matter of law and made a Rule 59 motion to set aside the verdict as against the weight of the evidence. Fed. R. Civ. P. 50 , 59. The Court set a schedule for briefing both of these motions: Defendant must file its memorandum of law in support by August 1, 2022; Plaintiff must file her memorandum of law in opposition by September 15, 2022; and, if Defendant wishes to file a reply, it must do so by October 17, 2022. Judgment was entered on July 12, 2022. (ECF No. 550.) The parties agreed that execution on the judgment should be stayed pending the Court's resolution of Defendant's post-trial motions. Pursuant to Rule 62(b) of the Federal Rules of Civil Procedure, Defendant must post a suitable bond or other security to obtain a stay that lasts longer than the automatic thirty-day stay. This bond or security must be in the amount of $431,250. Upon th e Court's approval of Defendant's bond or security, the Court will stay execution on the judgment and proceedings to enforce it until thirty days after the Court issues a ruling on Defendant's Rule 50 and Rule 59 motions. SO ORDERED., ( Motions due by 8/1/2022., Responses due by 9/15/2022, Replies due by 10/17/2022.) (Signed by Judge Kimba M. Wood on 7/13/2022) (ama)
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Filing
550
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Kimba M. Wood, United States District Judge, Plaintiff Mary M. Tardif has judgment in the sum of $431,250.00, over a period of 48.6 years, for compensatory damages as against the defendant. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/12/2022) (ama)
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Filing
528
ORDER: For the foregoing reasons, Dr. Krishna's May 2012 conviction for felony tax fraud is admissible. And as set forth herein. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/24/2022) (ama)
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Filing
527
ORDER: Plaintiff's hearsay objection to the statements referenced in the medical record of other physicians and of Ms. Tardif is overruled. These underlying statements are admissible as statements made for medical diagnosis or treatment or as statements by an opposing party. And as set forth herein. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/23/2022) (ama)
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Filing
524
OPINION & ORDER: Defendant's motion to reconsider is DENIED. The judicial decisions that Defendant references are inapposite. Those decisions deal with quite complex issues of causation of an injury, such as whether exposure to a particular s et of chemicals can cause a specific type of cancer. See Wills v. Amerada Hess Corp., 379 F.3d 32, 46 (2d Cir. 2004) ("[T]he causal link between exposure to toxins and other behavior and squamous cell carcinoma is sufficiently beyond the know ledge of the lay juror that expert testimony is required to establish causation."). In contrast, the issue of whether a blow to one's head can cause damage to one's brain is not disputed in this case. Defendant merely contends that it was a different blow to Ms. Tardif's head, years after the incident at issue in this case, that caused her recent and current symptoms. Moreover, the Court is permitting Dr. Krishna to testify to several aspects of causation, including the identification of the T2 white matter hyperintensity that the experts say is a sign of damage to parts of Ms. Tardif's braineven if he may not directly link the specific symptoms of November 2020 or the diagnosis of TBI to the incident on March 21, 2012 and further set forth in this Order. (Signed by Judge Kimba M. Wood on 6/22/2022) (rro)
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Filing
518
OPINION & ORDER: re: 438 FIRST MOTION for Reconsideration re; 434 Order on Motion in Limine filed by Mary M. Tardif, 459 MOTION for Reconsideration re; 434 Order on Motion in Limine related to NYPD Patrol Guide Section 203-11 an d other evidence of NYPD use of force policies and training filed by Mary M. Tardif. For the foregoing reasons, Plaintiff's motion regarding her service dog is DENIED, Plaintiff's motion regarding the NYPD Patrol Guide is GRANTED, and Defendant's motion regarding John Doe No. 8 is DENIED. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 438, 456, and 459. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/20/2022) (ama)
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Filing
509
OPINION AND ORDER: re: 388 MOTION in Limine filed by City of New York. For the foregoing reasons, Defendant's motion to preclude Plaintiff's experts from testifying is GRANTED in part and DENIED in part. The second motion in limin e from Defendant's February 28, 2022 memorandum of law-to bar Plaintiff from presenting a theory of damages premised on traumatic brain injury-is also DENIED for the same reasons. The Clerk of Court is respectfully directed to terminate the pending motion at ECF No. 388. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/17/2022) (ama)
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Filing
506
ORDER: Plaintiff Mary M. Tardif, owner of the service animal, is allowed to bring the service animal (Daisy) into the Daniel Patrick Moynihan courthouse beginning Tuesday, June 21, 2022, for a trial expected to last approximately one week. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/15/2022) (tg)
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Filing
502
ORDER: The parties are ordered to carefully review the Court's Order and, on June 14, 2022, submit a joint letter including all information they have failed to submit. And as set forth herein. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/13/2022) (ama)
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Filing
501
ORDER: The Court has reviewed the parties' submission regarding proposed redactions to Plaintiffs medical records, set forth in the May 16, 2022 letter from the parties to the Court. (ECF No. 485.) The parties' submission lacks adequate inf ormation for the Court to rule on these matters; this inadequacy is of serious concern to the Court, because it suggests that counsel are not devoting the necessary attention to matters of consequence in this litigation. The submission also contains inconsistencies and errors that make it difficult to discern the parties' positions. To address the major inadequacies of the prior submission, the parties must each submit to the Court a brief letter addressing the following points. As set fort h herein. The submissions referred to above are due no later than June 14, 2022. Failure to make such submissions will result in denial of the motions concerning Plaintiff's medical records. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/08/2022) (ama)
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Filing
500
ORDER: The Court will conduct a voir dire examination of Dr. Krishna to elicit further information about the facts and circumstances of his conviction. The Court expects to conduct voir dire of Dr. Krishna after the close of trial proceedings on the trial day prior to the day on which Plaintiff will call Dr. Krishna to testify; counsel are welcome to conduct their own voir dire of Dr. Krishna at that time. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/6/2022) (mml)
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Filing
495
ORDER: granting 494 Letter Motion to Adjourn Conference. Trial is adjourned. The parties shall submit a joint letter no later than May 25, 2022, listing their available dates for trial from June 1 to July 31. The deadline to submit the joint letter regarding video exhibit designations is adjourned to May 25, 2022. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/20/2022) (ama)
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Filing
493
ORDER: The Court has received copies of videos that the parties seek to introduce at trial. Defendant seeks to introduce "D12_2_March_21_2012.mp4" and "D12_3_March_21_2012.mp4." Plaintiff seeks to introduce "Exhibit 15 ( Exhibit 19 at the first trial) Police Brutality Union Square M21 Watch how a woman who tripped and fell, 03/21/2012," "Exhibit 18 (Exhibit 22 at the first trial) OWS Medic Shoved to the ground by NYPD sustains concussion, 03/21/2012," ; and "Exhibit 23 (Exhibit 26 at the first trial) Video of Union Square Park showing Mattera and O'Connell, 03/21/2012." On May 19, 2022, the parties must submit a joint letter containing the following: 1) One still photo from each separate sequence in which Mattera, Tardif, or anyone else the parties may identify at trial appears on video, identifying those individuals; as further set forth in this Order. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/19/2022) (vfr)
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Filing
491
ORDER: Trial in the above-captioned case, scheduled to begin on Wednesday, May 18, 2022, is adjourned to Monday, May 23, 2022, at 9:00 a.m. SO ORDERED. ( Jury Trial set for 5/23/2022 at 09:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 5/18/2022) (tg)
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Filing
478
ORDER: granting 476 Letter Motion for Extension of Time to File. Granted. No further extensions of this deadline will be granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/13/2022) (ama)
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Filing
472
ORDER: granting 470 Letter Motion for Extension of Time to File. Granted. All future requests must comply with this Court's Individual Rules, including Rule 1G. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/12/2022) (ama)
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Filing
465
ORDER: granting 463 Letter Motion for Extension of Time to File. Plaintiff's request is granted. The briefing scheduling is modified as follows: Plaintiff's objections must be filed on or before 11:00 a.m. on May 11, 2022. Rebuttals are due on or before 5:00 p.m. on May 12, 2022. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/11/2022) (ama)
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Filing
455
ORDER: granting 453 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/06/2022) (ama)
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Filing
451
ORDER: By May 9, 2022 at 5 p.m., Plaintiff shall submit to the Court a letter of no more than three pages articulating her objections, if any, to the portions of the videos designated by Defendant. That letter should also state whether Plaintiff ant icipates using in her case in chief, for rebuttal, or for impeachment purposes any portions of the videos provided by Defendant. If so, the letter should include timestamps designating the portions of the videos Plaintiff anticipates offering. Since Defendant filed its objections to portions of the videos, Plaintiff filed a letter indicating that she intends to use longer portions of several videos than she had designated earlier. To account for this difference, Defendant may submit by May 9, 2 022 at 5 p.m. a letter of no more than two pages supplementing the objections it has already filed.By May 10, 2022 at 5 p.m., either party may choose to submit to the Court a letter of no more than two pages rebutting the arguments of its adversary. Plaintiff has moved for reconsideration of the Court's ruling regarding the visibility of Ms. Tardif's service dog during trial. Defendant may submit a memorandum of law in opposition to this motion by May 9, 2022 at 5 p.m. This memorandum is not to exceed eight double-spaced pages. And as set forth herein. SO ORDERED., ( Responses due by 5/9/2022) (Signed by Judge Kimba M. Wood on 5/05/2022) (ama)
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Filing
444
ORDER granting in part and denying in part 441 Letter Motion for Extension of Time to File. Granted in part. Plaintiff must submit Lawler's and Krishna's affidavits by 5 p.m. on May 6, 2022. Defendant's response as to all four affidavits is due by 5 p.m. on May 13, 2022. SO ORDERED.. (Signed by Judge Kimba M. Wood on 5/4/2022) (ks)
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Filing
434
ORDER: denying 404 Motion in Limine. The Clerk of Court is respectfully directed to terminate the pending motion at ECF No. 404. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/28/2022) (ama)
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Filing
431
ORDER: Plaintiff must submit its experts' affidavits by May 4, 2022. Defendant must submit its response, if any, by May 11, 2022. And as set forth herein. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/27/2022) (ama)
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Filing
429
OPINION & ORDER re: 388 MOTION in Limine . filed by City of New York, 404 MOTION in Limine . filed by Mary M. Tardif. The Court DENIES Defendant's motions 3, 6, 8, 9, 10, and 11; GRANTS Defendant's motion 4 and Plaintiff's motion 1; and withholds a decision on Defendant's motions 1, 2, 5, 7, and 12, and Plaintiff's motion 2. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/26/22) (yv)
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Filing
426
ORDER: terminating 422 Letter Motion to Adjourn Conference. The Court has received Defendant's request to adjourn the pretrial conference and Plaintiff's opposition. (ECF Nos. 422, 423.) Mr. Lax is required to appear at the April 27, 202 2 Pretrial Conference in this case, along with his supervisor on this litigation and any replacement lawyer(s) he proposes to have take over the representation of the City in this litigation. Mr. Lax will need to explain to the Court why his exit from the Corporation Counsel's Office is being given with so little notice, among other things. SO ORDERED.. (Signed by Judge Kimba M. Wood on 4/22/2022) (ama)
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Filing
420
ORDER: The Court is considering bifurcating the trial in this case into: (1) a first phase, to determine whether there is liability, and (2) in the event the jury finds liability, a second phase, regarding what, if any, damages have resulted. The sec ond phase would commence immediately after the jury has returned a verdict. Both phases would be tried before the same jury. Any objections, factual or legal, must be sent by counsel to the Court by April 22, 2022. Any legal objections must be accompanied by a Memorandum of Law. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/12/2022) (ama)
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Filing
419
ORDER: As of Monday, March 21, 2022, this case has been designed as "Ready for Trial." (See the undersigned's Individual Rules for the meaning of "Ready for Trial.") The final pretrial conference in this case will b e held on Wednesday, April 27, 2022, at 10:00 a.m. The trial will begin on Wednesday, May 18, 2022, at 9:00 a.m. SO ORDERED. ( Final Pretrial Conference set for 4/27/2022 at 10:00 AM before Judge Kimba M. Wood., Jury Trial set for 5/18/2022 at 09:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 4/11/2022) (tg)
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Filing
415
ORDER granting 413 Letter Motion to Seal. Plaintiff's request is granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/28/2022) (vfr)
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Filing
401
ORDER: granting 400 Letter Motion for Extension of Time to File. The parties' request is Granted. The Joint requests to charge must be filed by March 15, 2022. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/11/2022) (ama)
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Filing
399
ORDER: granting 396 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/08/2022) (ama)
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Filing
385
ORDER granting 383 Letter Motion to Compel. The Court hereby orders plaintiff to answer Interrogatory 17, Interrogatory 34 and Interrogatory 35, by February 18, 2022. SO ORDERED. (Signed by Judge Kimba M. Wood on 1/31/2022) (va)
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Filing
382
ORDER: The parties shall, by January 28, 2022, submit to the Court a joint letter outlining the steps that need to be taken before the case is to be trial ready by March 21, 2022. In this letter, counsel must notify the Court of their availability for a trial in April and May 2022, and include any potential scheduling conflicts, including trials, that would prevent a trial in April or May 2022. In accordance with the Court's December 2, 2021 Order (ECF No. 381), Pre-Motion Letters (including those for motions in limine) must be submitted no later than February 28, 2022. SO ORDERED., ( Motions due by 2/28/2022., Ready for Trial by 3/21/2022.) (Signed by Judge Kimba M. Wood on 1/24/2022) (ama)
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Filing
374
ORDER: As set forth in the Court's May 4, 2021 Order (ECF No. 370), Defendant shall file its opposition to Plaintiff's motion by June 18, 2021. Plaintiff may file a reply by June 25, 2021. And as set forth herein. SO ORDERED., ( Responses due by 6/18/2021, Replies due by 6/25/2021.) (Signed by Judge Kimba M. Wood on 6/07/2021) (ama)
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Filing
370
ORDER: The Court has received the parties' April 30, 2021 status report. (ECF No. 369.) The Court has considered the parties' respective positions and hereby ORDERS that: On or before June 4, 2021, the parties shall provide a fur ther status update, including with respect to potential settlement. The Court does not accept Plaintiff's categorical statement that she "cannot proceed to discuss settlement" while simultaneously investigating Plaintiffs pre sent medical condition. (Report at 2.) If Plaintiff intends to seek leave to reopen discovery, Plaintiff must do so, by letter motion, by June 4, 2021. Defendant may respond to any such letter motion by June 18, 2021. Plaintiff may submit a reply by June 25, 2021. A trial date will not be set at this time. So Ordered. (Motions due by 6/4/2021., Responses due by 6/18/2021, Replies due by 6/25/2021.) (Signed by Judge Kimba M. Wood on 5/4/2021) (js)
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Filing
367
ORDER: The Court has received the parties' joint letter regarding (1) how soon the case can be retried, and (2) possible settlement. (ECF No. 366.) The parties are ordered to provide the Court with a further status update, in writing, no later than April 30, 2021. A trial date will not be set at this time. (Signed by Judge Kimba M. Wood on 4/5/2021) (cf)
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Filing
365
ORDER: The Court hereby orders the parties to meet and confer regarding (1) how soon the case can be retried, and (2) possible settlement. The parties are ordered to inform the Court no later than April 2, 2021, how soon the case can be retried, and the result of their discussions regarding possible settlement. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/21/2021) (va)
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Filing
311
OPINION AND ORDER re: 307 LETTER MOTION for Leave to File Amended Answer to Plaintiff's Third Amended Complaint addressed to Judge Kimba M. Wood from Joshua J. Lax dated November 2, 2018 filed by Thomas McManus, Marsha Rumble, Felix Schmidt, City of New York. Defendants' motion for leave to amend its answer to the Third Amended Complaint is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 307. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/6/2018) (ne)
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Filing
288
OPINION AND ORDER re: 246 MOTION in Limine filed by Mary M. Tardif, 244 AMENDED MOTION to Preclude Testimony of Dr. Steven Fayer filed by Mary M. Tardif, 227 MOTION to Preclude the Expert Testimony and Expert R eport of Robert Goldman, PsyD under Daubert filed by Thomas McManus, Marsha Rumble, Felix Schmidt, City of New York, 230 MOTION in Limine filed by Thomas McManus, Marsha Rumble, Felix Schmidt, City of New York, 219 FIR ST LETTER MOTION to Seal Document Motion in Limine Papers Containing Confidential Materials Covered by the 1983 Plan Protective Order addressed to Judge Kimba M. Wood from Stefan H. Krieger dated 01/09/2018 filed by Mary M. Tardif. Tardif s state law respondeat superior claims based on the March 21, 2012, conduct of John Does #8 and #9, and the April 16, 2012, conduct of Officer Aminova and Lieutenant Destefano survive for trial. Defendants' motion to preclude the testimony and expert report of Dr. Goldman (ECF No. 227) is DENIED in part and GRANTED in part. Specifically, Dr. Goldman may testify to his diagnosis of Tardif as having PTSD, but not to the cause of the exacerbation of her PSD. Tardif's motion to preclud e the testimony of Dr. Fayer (ECF No. 224) is DENIED. Tardif's motion in limine #3 (ECF No. 246) is GRANTED. Tardif's motions in limine #1, 2, 4, 5, 6, 7, 8, and 9 (id.) are DENIED. Defendants' motions in limine #2 and #14 (ECF No. 230 ) are GRANTED. Defendants' motions in limine # 1, 3, 4, 5, 6, 7, 8, 8, 10, 11, 12, 13, and 14 (id.) are DENIED. Tardif's motion to seal her medical records (ECF No. 219) is GRANTED, subject to future rulings under Fed. R. Evid. 403. The Cl erk of Court is hereby directed to terminate the motions at ECF Nos. 219 (Tardif's motion to seal), 227 (Defendants' Daubert motion to preclude Dr. Fayer), 230 (Defendants' motions in limine), 244 (Tardif's Daubert motion to preclude Dr. Goldman), and 246 (Tardif's motions in limine). SO ORDERED. (Signed by Judge Kimba M. Wood on 10/1/2018) (ne)
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Filing
202
OPINION AND ORDER re: 192 MOTION for Reconsideration re; 187 Memorandum & Opinion, MOTION for Reargument, filed by Thomas McManus, Marsha Rumble, Felix Schmidt, 190 FIRST MOTION for Reconsideration re; 187 Memorandum & Opi nion, Adopting in Part Magistrate Judge's Report and Recommendation, filed by Mary M. Tardif. Plaintiff's motion for reconsideration is GRANTED in part and DENIED in part. Defendants' motion is also GRANTED in part and DENIED in part. The parties are directed to appear for a pretrial conference on November 1, 2017 at 11:00 a.m. This Opinion and Order resolves docket entries 190 and 192. (Pretrial Conference set for 11/1/2017 at 11:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 8/23/2017) (ras)
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Filing
187
OPINION AND ORDER adopting in part 178 Report and Recommendation, re: 164 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56 filed by Thomas McManus, Edward Winski, Rumble, Daniel Mulligan, City of New York, Jo hn O'Connell, James McNamara, Alena Aminova, Kendal Creer, Marsha Rumble, Felix Schmidt. I have reviewed de novo Magistrate Judge Fox's thorough and fairly-reasoned Report and Recommendation ("R&R") that the Defen dants' Motion for Summary Judgment be granted in part and denied in part. I adopt the R&R in part, as indicated herein. The Court grants Defendants' motion for summary judgment on all claims except Plaintiff's deliberate ind ifference to her medical condition claim, Plaintiff's unconstitutional conditions of confinement claim, Plaintiff's excessive force claim against Sergeant McManus, and Plaintiff's assault and battery claim against Sergeant McManus. This Opinion and Order resolves Docket Entry No. 164. (As further set forth in this Opinion and Order.) (Signed by Judge Kimba M. Wood on 3/21/2017) (mro)
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Filing
150
OPINION AND ORDER: For the foregoing reasons, Plaintiff's objections are overruled and Judge Maas's Memorandum Decision and Order is AFFIRMED. (As further set forth in this Opinion) (Signed by Judge Kimba M. Wood on 5/3/2016) (kl)
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Filing
43
OPINION & ORDER re: 20 FIRST MOTION to Strike Portions of Defendants' Answer to Plaintiff's First Amended Complaint filed by Mary M. Tardif. For the reasons set forth above, Plaintiff's motion to strike Defendants' third, fourth, fifth, sixth, eighth, ninth, eleventh, twelfth, and thirteenth affirmative defenses is DENIED. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/2/2014) (ajs)
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