Wright v. Manetta
||November 12, 2014
||US District Court for the Southern District of New York
||Foley Square Office
||Thomas P. Griesa
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
|Jury Demanded By:
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|January 20, 2017
OPINION & ORDER: For the reasons set forth above, the Court finds that defendant assaulted, battered and falsely arrested plaintiff and hereby awards plaintiff $1.00 in nominal damages, $5,000 in compensatory damages and $10,000 in punitive damages. Plaintiff shall submit a proposed judgment within one week of the date hereof. The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 1/20/2017) Copies Sent By Chambers. (cla)
|February 5, 2016
OPINION & ORDER re: 13 MOTION to Dismiss . filed by Michael Manetta. For the reasons set forth above, defendant Michael Manetta's motion for judgment on the pleadings is GRANTED. Defendant Manetta is hereby DISMISSED from this ca se. By granting Officer Manetta's motion, the Court has dismissed the sole claim arising under federal law. As a result, a question arises as to the Court's supplemental jurisdiction to hear plaintiff's remaining state law claims. Se e 28 U.S.C. § 1367(c)(3); Kolari v. New York-Presbyterian Hosp., 455 F.3d 118, 122 (2d Cir. 2006). In a footnote in plaintiff's supplemental brief, he asserts that the action should not be dismissed as to Musanti on the ground that divers ity jurisdiction is proper. (Pl.'s Supp. Br. at 6 n.1.) As this issue has not been adequately briefed by the relevant parties as part of Officer Manetta's motion, the Court hereby orders plaintiff to show cause within 14 days setting for th in further detail why this action should not be dismissed for lack of federal subject matter jurisdiction in light of this decision. The Clerk of Court is directed to close the motion at ECF No. 13. (As further set forth in this Order), Michael Manetta terminated. (Signed by Judge Katherine B. Forrest on 2/5/2016) (lmb)
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