Bleiwas v. City Of New York et al
| Martin Bleiwas |
| City Of New York, Leon Lian, Alfredo Torres and John and Jane Doe 1-10 |
| 1:2015cv10046 |
| December 24, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Edgardo Ramos |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
185
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Edgardo Ramos, United States District Judge, the jury having returned a verdict in favor of Defendants, the Complaint is hereby dismissed. SO ORDERED., Motions terminated: 182 MOTION to Correct Judgment re: 140 Memorandum & Opinion, Set Hearings filed by Martin Bleiwas. (Signed by Judge Edgardo Ramos on 2/15/2023) (ama)
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Filing
156
SCHEDULING ORDER: Accordingly, the following Pretrial Briefing Schedule is hereby adopted: Motions in limine are due May 23, 2022 and oppositions thereto by June 6, 2022. Proposed jury instructions, voir dire questions, and verdict sheets are due M ay 23, 2021 and objections thereto by June 6, 2022. The Final Pretrial Conference shall be held on June 16, 2022 at 2:00 PM. It is SO ORDERED. (Motions due by 5/23/2022., Responses due by 6/6/2022, Final Pretrial Conference set for 6/16/2022 at 02:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/22/2022) (rro)
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Filing
155
ORDER: granting 154 Letter Motion to Adjourn Conference. The parties' requests for an adjournment of the trial, corresponding extensions of the deadlines for all pre-trial submissions, and an adjournment of the pre-trial conference are GRANTE D. The trial is hereby adjourned to June 21, 2022 at 10 a.m. The pre-trial submissions are hereby due on May 23, 2022, with responses due on June 6, 2022. The pre-trial conference is hereby adjourned to June 16, 2022 at 2 p.m. It is SO ORDERED. Final Pretrial Conference set for 6/16/2022 at 02:00 PM before Judge Edgardo Ramos. Jury Trial set for 6/21/2022 at 10:00 AM before Judge Edgardo Ramos.. (Signed by Judge Edgardo Ramos on 11/22/2021) (ama)
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Filing
144
ORDER granting 143 Letter Motion to Adjourn Conference. The motion is granted. The status conference set for 3:30 p.m. on December 4 is rescheduled as a telephone conference at 4:30 p.m. The Court will provide the parties with call-in information by email. Telephone Conference set for 12/4/2019 at 04:30 PM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 11/25/2019) (kv)
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Filing
140
OPINION AND ORDER re: 125 AMENDED MOTION for Summary Judgment (based on prior court rulings and orders). filed by Carl Lai, City Of New York, Wojciech Lipinsky, George Gomez, Miriam Lorenzo, John Hand, Dennis Bowman, Leon Lian, Christopher Kennis, Esther Bueno, Alfredo Torres, Pierre Barbee, 110 MOTION for Summary Judgment . filed by Carl Lai, City Of New York, Wojciech Lipinsky, George Gomez, Miriam Lorenzo, John Hand, Leon Lian, Dennis Bowman, Ch ristopher Kennis, Esther Bueno, Alfredo Torres, Pierre Barbee. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED in part and DENIED in part. Both the state and federal malicious prosecution claim against Lian sha ll survive. All other claims against Lian and the other defendants are DISMISSED. The parties are directed to appear for a pre-trial conference on October 16, 2019 at 11 :30 A.M. The Clerk of Court is respectfully directed to terminate the motions, Docs. 110, 125. It is SO ORDERED. (Pretrial Conference set for 10/16/2019 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 9/27/2019) (kv)
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Filing
93
OPINION AND ORDER re: 84 MOTION for Reconsideration re; 80 Memorandum & Opinion (partial reconsideration) filed by Carl Lai, Wojciech Lipinsky, George Gomez, Miriam Lorenzo, Dennis Bowman, Christopher Kennis, Alfredo Torres, Esther Bueno. For the reasons set forth above, Defendants' motion to reconsider is GRANTED in part and DENIED in part as follows: GRANTED insofar as Plaintiff's failure to intervene claim is premised on the alleged false arres t, but DENIED insofar as Plaintiff's failure to intervene claim is premised on his malicious prosecution claim. GRANTED with respect to the supervisory liability claims against Sergeant Gomez, Deputy Inspector Lorenzo, and Lieutenants Bowman and Kennis. The Clerk of Court is respectfully directed to terminate the motion, Doc. 84. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 1/11/2018) (anc)
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Filing
80
OPINION AND ORDER: For the reasons set forth above, Defendants motion to dismiss is GRANTED in part and DENIED in part as follows: Defendants' motion to dismiss Plaintiffs state and federal false arrest claims against Sergeant Gomez, Deputy I nspector Lorenzo, Lieutenants Bowman and Keenis, and Detectives Torres, Bueno, Lai, and Lipinski is GRANTED. Defendants' motion to dismiss Plaintiffs state and federal false arrest claims against Sergeant Lian, Lieutenant Hand, and Barbee and state false arrest claim against the City is DENIED. Defendants' motion to dismiss Plaintiffs state and federal malicious prosecution claim against Sergeant Gomez, Deputy Inspector Lorenzo, Lieutenants Bowman and Keenis, and Detectives Torre s, Bueno, Lai, and Lipinski is GRANTED Defendants' motion to dismiss Plaintiffs state and federal malicious prosecution claim against Sergeant Lian, Lieutenant Hand, and Barbee and state malicious prosecution claim against the City is DENIED. Defendants motion to dismiss Plaintiff's denial of a fair trial claim against Sergeant Gomez, Deputy Inspector Lorenzo, Lieutenants Bowman and Keenis, and Detectives Torres, Bueno, Lai, and Lipinski is GRANTED. Defendants' motion to dism iss Plaintiff's denial of a fair trial claim against Sergeant Lian, Lieutenant Hand, and Barbee is DENIED. Defendants' motion to dismiss Plaintiff's failure to intervene claim against the individual Defendants is DENIED.Defendants mo tion to dismiss Plaintiffs supervisory liability claim against Sergeants Lian and Gomez, Deputy Inspector Lorenzo, Lieutenants Bowman and Kennis, and Hand is DENIED. Defendants motion to dismiss Plaintiff's Monell liability claim against the Cit y is GRANTED. Defendants' motion to dismiss Plaintiff's common law battery claim is GRANTED without prejudice. Defendants' motion to dismiss Plaintiff's negligence claim against the City is GRANTED. Defendants' motion to dism iss Plaintiffs state constitutional tort claim isGRANTED.The Clerk of Court is respectfully directed to terminate the motion, Doc. 59. The partiesare directed to submit a proposed discovery schedule on consent by Monday, August 21, 2017. (Signed by Judge Edgardo Ramos on 8/14/2017) (js)
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