Holmes v. The City Of New York , et al
| Marisa Holmes |
| The City Of New York, Kennth Odonnell, Anthony Bologna, Fernando Centenotalavera, John Does and Richard Roes |
| 1:2014cv05253 |
| July 14, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Laura Taylor Swain |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
182
MEMORANDUM OPINION AND ORDER: re: 134 MOTION for Summary Judgment filed by Fernando Centeno-talavera, The City Of New York, Kennth Odonnell, Anthony Bologna, 138 MOTION for Partial Summary Judgment filed by Marisa Holmes. For the for egoing reasons, Defendants' motion for summary judgment is granted as to count one of Plaintiff's Amended Complaint to the extent that it asserts false arrest, trespass, First Amendment retaliation, and abuse of process claims. Count one is also dismissed to the extent that it asserts a fabrication of evidence claim against Defendants Centeno-Talavera and Bologna. Count one survives to the extent that it asserts a fabrication of evidence claim against Defendant O'Donnell, and to t he extent that the parties have not yet moved for, or the Court has not already denied, summary judgment on Plaintiff's First Amendment interference, unconstitutional search, conversion, and failure to intercede claims. Defendants' motion f or summary judgment is also granted as to counts two and three of Plaintiff's Amended Complaint, which assert claims for supervisory liability against Defendants O'Donnell and Bologna, and claims for municipal liability against the City of New York, respectively. Plaintiff's motion for summary judgment is denied in its entirety. By separate order entered today, the Court directs Plaintiff to show cause why her claim for First Amendment interference should not also be dismissed, an d directs the parties to file a joint letter motion as to the status of any other claims that were not addressed in the parties' summary judgment motion practice within fourteen days. The final pre-trial conference in this case is adjourned to J une 22, 2018, at 10:30 a.m. The Court will renew the reference of this case to the Mediation program, and the parties must promptly participate in a settlement conference. If no settlement is concluded, the parties must confer and make submissions in advance of the final pre-trial conference as provided in the Pre-Trial Scheduling Order. (Docket entry no. 17.) This Memorandum Opinion and Order resolves docket entry numbers 134 and 138. SO ORDERED., ( Final Pretrial Conference set for 6/22/2018 at 10:30 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 3/29/2018) (ama) Modified on 3/29/2018 (ama).
|
|
Filing
123
MEMORANDUM OPINION AND ORDER re: 80 MOTION to Amend/Correct 13 Amended Complaint, Motion for Leave to file Second Amended Complaint filed by Marisa Holmes, 78 MOTION for Reconsideration re; 76 Memorandum & Opinion Motion for partial reconsideration concerning Plaintiff's claims for excessive force filed by Marisa Holmes. For the foregoing reasons, Plaintiff's motion for reconsideration is denied, Plaintiff's motion for leave to amend is denied, and Plaintiff's objections to the May and June Discovery Orders are overruled. This Memorandum Opinion and Order resolves docket entry nos. 78, 80, 108, and 114. Pursuant to this Court's prior order (docket entry no. 113), the dead line for filing dispositive motions is hereby extended to March 10, 2017. The final pre-trial conference is adjourned to June 2, 2017, at 10:00 a.m. This case remains referred to Magistrate Judge Ellis for general pre-trial management. (Motions due by 3/10/2017., Final Pretrial Conference set for 6/2/2017 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 2/8/2017) (cla)
|
|
Filing
76
MEMORANDUM OPINION AND ORDER re: 56 MOTION to Amend/Correct 13 Amended Complaint, , filed by Marisa Holmes, 21 MOTION to Dismiss Pursuant to 12(b)(6) & 12(c), filed by Fernando Centenotalavera, The City Of New Yo rk Kennth Odonnell, Anthony Bologna. For the foregoing reasons, Defendants' motion to dismiss is granted as to Plaintiff's claims for relief under Section 1983 based on the theories of malicious prosecution, assault, and battery, and oth erwise is denied. Plaintiff's motion for leave to amend is denied. Plaintiff may move for further leave to amend solely to provide additional factual material relevant to her claim for malicious prosecution for obstruction of governmental admini stration. Any such motion must be filed by March 21, 2016. This Order resolves docket entry nos. 21 and 56. This case remains referred to Magistrate Judge Ellis for general pre-trial management (see docket entry no. 16). (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 3/4/2016) (spo)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
