Wright v. Manetta

Wright v. Manetta

Plaintiff:	Scott Wright
Defendant:	Michael Manetta
Case Number:	1:2014cv08976
Filed:	November 12, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Queens
Presiding Judge:	Thomas P. Griesa
Nature of Suit:	Other Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 20, 2017	Filing 81 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	Filing 21 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)

Date Filed

Document Text

January 20, 2017

Filing 81 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

Filing 21 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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Plaintiff: Scott Wright
Represented By:	Steven Michael Warshawsky
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Defendant: Michael Manetta
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