Joseph v. Deluna et al
| Isaac Joseph |
| Jose Luis Deluna, Nicholas Lane, John Does 1-2, Jane Doe and City of New York |
| 1:2015cv05602 |
| July 17, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Alison J. Nathan |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
105
OPINION AND ORDER re: 93 FIRST MOTION in Limine filed by Nicholas Lane, Michelle Batista, Anthony Perlongo, Jose Luis Deluna, City of New York, 92 FIRST MOTION in Limine filed by Isaac Joseph. Joseph's motion in limine is GRANTED. Defendants' motions to remove Officer Lane from the caption and to preclude Joseph from mentioning or offering any evidence that the City may indemnify the Individual Defendants are also GRANTED. In addition, Joseph may not mention a specific damages amount during his opening statement. All of Defendants' other motions in limine are DENIED, with the exception that both parties may file additional motions in limine before November 2, 2018. The parties are ORD ERED to contact the Chambers of Magistrate Judge Fox, to schedule a settlement conference. The settlement conference shall take place no later than November 21, 2018. The parties are further ORDERED to submit joint proposed voir dire questions and j oint proposed jury instructions by December 5, 2018. These submissions must comply with this Court's Individual Rules and Practices. The final pretrial conference is ADJOURNED to December 13, 2018, at 11:00 a.m. The Clerk of Court is directed to terminate the motions at ECF Nos. 92 and 93, and to amend the caption of this case to remove Officer Nicholas Lane. SO ORDERED. (Motions due by 11/2/2018. Final Pretrial Conference set for 12/13/2018 at 11:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 10/19/2018) (ne)
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Filing
81
OPINION & ORDER re: 70 MOTION for Summary Judgment , filed by Carlos Ramos, Nicholas Lane, Michelle Batista, Anthony Perlongo, Jose Luis Deluna, City of New York.For the reasons above, the Court GRANTS summary judgment against Joseph with respect to Joseph's false arrest claims, because it was objectively reasonable for the Individual Defendants to determine that there was probable cause to arrest Joseph for obstruction of governmental administration in the second degree. Th e Court DENIES summary judgment against Joseph with respect to (i) Joseph's excessive force claims, because there is a disputed issue of material fact about the amount of force used during Joseph's arrest, (ii) the state law tort claims ag ainst Perlongo, Batista, and Ramos, because Joseph's notice of claim was sufficient even though it did not name these Defendants, and (iii) Joseph's respondeat superior claims against the City of New York, because the Monell standard does not apply to these claims. The Clerk of Court is directed to terminate the motion at ECF No. 70. The parties shall, by April 6, 2018, submit to the Court a joint letter outlining the steps that need to be taken before the case is Ready for Trial. T he parties shall file a joint pretrial order by April 27, 2018. By that date, the parties shall also advise the Court whether they consent to trial of this case before a Magistrate Judge. Motions in limine shall be due on May 4, 2018. Oppositions to motions in limine shall be due on May 11, 2018. The case will be deemed Ready for Trial on May 25, 2018. A pretrial conference shall be set in another order. Counsel are directed to comply with this Court's Individual Rules. (Motions due by 5/4/2018. Pretrial Order due by 4/27/2018. Responses due by 5/11/2018. Ready for Trial by 5/25/2018.) (Signed by Judge Kimba M. Wood on 3/23/2018) (ras)
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