Nunez v. The City of New York et al
||The City of New York, Damian Diedrick, Cliff Acosta, Rene Narvaez, Steve Alejandro, John Rogan, Cleopatra Takantzas, Robert Johnson, John/Jane Doe-1,2,3 etc. and Roes- 1,2,3, etc. Richard/Rachel
||June 10, 2014
||US District Court for the Southern District of New York
||Foley Square Office
||Richard J. Sullivan
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|March 31, 2016
OPINION AND ORDER re: 30 MOTION to Dismiss the First Amended Complaint filed by John Rogan, Damian Diedrick, Robert Johnson, Steve Alejandro, The City of New York, Cleopatra Takantzas, Rene Narvaez, Cliff Acosta. For t he reasons set forth above, the Court GRANTS Defendants' motion to dismiss the Amended Complaint pursuant to Rule 12(b)(6) with respect to all of Plaintiff's claims except the false arrest and malicious prosecution claims against Diedr ick. In addition, since Defendants have not moved to dismiss the excessive force claim against Diedrick, that claim also survives. Accordingly, IT IS HEREBY ORDERED THAT, by April 29, 2016, the remaining parties in this action shall submit a lett er to the Court proposing next steps and attaching a revised proposed case management plan and scheduling order. A template for the order is available at: http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=1059. The Clerk of the Court is respectfully directed to terminate the motion pending at docket entry 30. (As further set forth in this Opinion and Order.) (Signed by Judge Richard J. Sullivan on 3/31/2016) (mro)
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