Hernandez v. Rodriguez et al
||Charles Rodriguez, Randy Torres, Vincent Pomponio and Susan Barbato
||December 27, 2013
||US District Court for the Southern District of New York
||Foley Square Office
||Kevin Nathaniel Fox
||Laura Taylor Swain
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|March 24, 2017
MEMORANDUM OPINION AND ORDER re: 80 MOTION for Partial Summary Judgment filed by Susan Barbato, Randy Torres, N.Y.C. Defendants motion for summary judgment is denied to the extent it sought dismissal of the claims against Defendant Pomponio and Rodriguez for lack of service, but is granted in all other respects. Therefore, all claims against Defendant Torres, except the excessive force claim, are dismissed. All claims against Defendant Barbarto, the NYPD and the City of New York are dism issed. In addition, the Court, sua sponte, dismisses all claims against Defendants Pomponio and Rodriguez, except for the excessive force claim. Defendants Pomponio and Rodriguez must file an answer to the Amended Complaint, addressing the excessive force claim, by April 24, 2017. Magistrate Judge Fox is requested to convene a conference promptly to discuss settlement of the remaining claim against Defendants Torres, Pomponio and Rodriguez. The case remains referred to Judge Fox for General Pr e-trial Management. The final pre-trial conference is adjourned to September 22, 2017, at 12:00 p.m. This Memorandum Opinion and Order resolves Docket Entry No. 80. Vincent Pomponio answer due 4/24/2017; Charles Rodriguez answer due 4/24/2017. (Final Pretrial Conference set for 9/22/2017 at 12:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 3/24/2017) (ras)
|June 17, 2014
MEMORANDUM AND ORDER re: 11 Letter filed by Angel Hernandez. Accordingly, since the plaintiff's position does not seem to be likely of substance, his request for the court to appoint counsel to assist him, Docket Entry No. 11, is denied. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/17/2014) Copies Mailed By Chambers. (ama)
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