Bah v. The City of New York et al
| Oumou Bah |
| The City of New York and John Does 1-50 |
| 1:2013cv06690 |
| September 23, 2013 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| P. Kevin Castel |
| 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
320
ORDER: Within 14 days, Randolph M. McLaughlin shall file with the Court a sworn statement setting forth the date said application was made to the Surrogate's Court, enclosing a copy thereof, and setting forth all steps made to secure such an Ord er from the Surrogate's Curt and any other pertinent information. Randolph M. McLaughlin shall file an updated report on the status of the application every 30 days thereafter until the monies held in escrow are disbursed pursuant to an Order of the Surrogate's Court. (Signed by Judge P. Kevin Castel on 5/14/2020) (jwh)
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Filing
319
ORDER: The Court entered an Order on May 3, 2019 approving the settlement and requiring counsel to hold the net settlement proceeds in escrow pending the outcome of an application to the Surrogate's Court New York County for an order to dist ribute the settlement proceeds to the beneficiaries of the estate. The Court entered the Order in the form plaintiff's counsel requested. The Court has no knowledge or information on why there has not been an order from the Surrogate's C ourt. It has no information on whether plaintiff promptly moved the Surrogate's Court. It certainly has no jurisdiction to tell the Surrogate's Court what to do or when to do it. The Court is sympathetic to the plight of the plaintiff who awaits distribution of the proceeds of the settlement but there has been no demonstration that this Court has jurisdiction to do anything. (Signed by Judge P. Kevin Castel on 2/12/2020) (cf)
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Filing
175
MEMORANDUM AND ORDER granting in part and denying in part 120 Motion for Summary Judgment; granting in part and denying in part 135 Motion to Preclude. The defendants' motion for summary judgment (Dkt. No. 120) is GRANTED in part and DENIED in part. Defendant City is entitled to summary judgment on plaintiff's section 1983 municipal liability claim. All defendants are entitled to summary judgment on plaintiff's section 1983 claims for violations of due process and equal protection and state law negligence claims. The defendants' motion to exclude plaintiff's expert reports and to preclude plaintiff's experts from testifying at trial (Dkt. No. 135) is GRANTED as to Dr. Baden's testi mony regarding Bah's emotional state and DENIED in all other respects. The Court will hold an evidentiary hearing regarding plaintiff's motion for sanctions for spoliation of evidence (Dkt. No. 132). (As further set forth in this Memorandum and Order.) (Signed by Judge P. Kevin Castel on 1/31/2017) (mro)
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Filing
47
MEMORANDUM AND ORDER granting in part and denying in part 30 Motion to Dismiss: For the foregoing reasons, the Moving Defendants' motion to dismiss (Docket # 30) is GRANTED with respect to (1) all challenged claims against Stanton, Santana , and Johnson, except for the unlawful entry claim, (2) all challenged claims against Gallitelli, except for the unlawful entry and supervisory liability claims, (3) the excessive force claim against Licitra, (4) the equal protection claim against the Moving Defendants, (5) any negligence claim against the Moving Defendants premised on an allegedly intentional act, and (6) the negligent training and supervision claim against the City. The Moving Defendants' motion is DENIED with respect to all other challenged claims. (Signed by Judge P. Kevin Castel on 4/30/2014) (tn)
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