Leibovitz v. Ferrara et al
| Etan Leibovitz |
| Anthony Ferrara, Erika Edwards and Francesca Bartolomey |
| 1:2014cv03297 |
| May 7, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Loretta A. Preska |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
181
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION re: 165 MOTION for Sanctions for Failure to Comply with Court Orders. filed by Salvatore Rapglia, Nicole Tusa, Daley. The State Defendants' motion for sanctions is granted, and the claims against them are dismissed. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 165 and to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/10/17) (yv)
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Filing
172
REPORT AND RECOMMENDATION re: 27 30/60 Days Amended Complaint, filed by Etan Leibovitz; 165 MOTION for Sanctions for Failure to Comply with Court Orders filed by Salvatore Rapglia, Nicole Tusa, Daley. The plaintiff has willful ly violated my discovery orders, and over a period of months he has given no indication of a willingness to comply. No sanction short of dismissal would be appropriate in these circumstances, and the plaintiff was warned twice that failure to comply would lead to a terminating sanction. For these reasons, I recommend that the State Defendant's motion (Docket no. 165) be granted and the remaining claims be dismissed. Pursuant to 28 U.S.C. § 636 (b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days to file written objections to this Report and Recommendation. Such objection shall be filed with the Clerk of the Court, with extra copies delivered to the Chambers of t he Honorable Ronnie Abrams, Room 2203, 40 Foley Square, New York, New York 10007, and to the Chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. (Objections to R&R due by 4/20/2017.) (Signed by Magistrate Judge James C. Francis on 4/6/2017) Copies Transmitted this Date By Chambers. (anc)
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Filing
119
OPINION ADOPTING REPORT & RECOMMENDATIONS for 98 Report and Recommendations, 78 Motion to Dismiss filed by The City of New York, Marisa Valle. As no objections were filed, the Court has reviewed the Report for clear error and found none. The Report is thus adopted in its entirety and the motion to dismiss is granted. As the deficiencies in the SAC "cannot be remedied by repleading," this Court finds that amendment would be futile and dismisses these claims with prejudice. Report at 24. Remaining in this action, therefore, are (i) Plaintiff's claims against Court Officer Rapaglia for excessive force, assault, and battery; and (ii) Plaintiff's claims against Court Officers Tusa and Daley for failure to intervene in Rapaglia's alleged excessive force. See Dkt. 100 at 6. The Clerk of Court is respectfully directed to close the motion at docket entry 78. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 7/1/2016) (cf)
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Filing
100
OPINION ADOPTING REPORT & RECOMMENDATION: As the Court adopts the Report in its entirety, the motions to dismiss filed by District Attorney Vance and the New York State Defendants are granted, except with respect to Plaintiff's claims of assau lt and battery against Court Officer Rapaglia. As the deficiencies in the SAC "cannot be remedied by repleading," this Court finds that amendment would be futile and dismisses these claims with prejudice. Report at 58. Further, Plaintiff& #039;s motion for a preliminary injunction is also denied. Remaining in this action, therefore, are (i) Plaintiff's claims against Court Officer Rapaglia for excessive force, assault, and battery; (ii) Plaintiff's claims against Court Of ficers Tusa and Daley for failure to intervene in Rapaglia's alleged excessive force; and (iii) Plaintiff's claims against the City of New York and Detective Marisa Valle, including those subject to the pending motion to dismiss. The Clerk of Court is respectfully directed to close the motions at docket entries 35, 49, and 62. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 3/21/2016) (cf)
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Filing
4
ORDER: In the interest of justice, the Clerk of Court is hereby directed to transfer this action to the United States District Court for the Southern District of New York. 28 U.S.C. §§ 112(b); 1406(a). The court offers no opinion on the me rits of the action. The decision on plaintiff's application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is reserved for the transferee court. That provision of Local Rule 83.1 which requires a seven day stay is hereby waived. Summonses shall not issue from this court. The Clerk of Court is directed to mark this case closed. Ordered by Judge Kiyo A. Matsumoto on 5/5/2014. (Tsai, Denise) [Transferred from New York Eastern on 5/7/2014.]
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