Wheeler v. Doe et al
| Damon Wheeler |
| John Doe and Town of Wallkill |
| 1:2016cv07441 |
| September 23, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
151
ORDER: The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's c alendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are D ISMISSED as moot, and all conferences are CANCELED. The Clerk of the Court is requested to mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/21/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
148
ORDER: The next status conference is scheduled for 7/7/2021 at 11:00 a.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. The Clerk of the Court is requested to mail a copy of this Order to plaintiff. SO ORDERED. ( Status Conference set for 7/7/2021 at 11:00 AM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 4/29/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
146
ORDER: Counsel for defendants and plaintiff pro se appeared today at 10:15 a.m. by telephone for a pretrial conference. The Court directed that counsel file a status letter by 4/5/2021 concerning settlement. The next status conference is schedul ed for 4/29/2021 at 11:00 a.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. The Clerk of the Court is requested to mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/4/2021) ( Telephone Conference set for 4/29/2021 at 11:00 AM before Judge Philip M. Halpern.) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
143
ORDER: Counsel for defendants and plaintiff pro se appeared today at 11:30 a.m. by telephone for a pretrial conference. The Court directed that plaintiff's written application for pro bono counsel shall be filed, should plaintiff be so advised , by 2/22/2021. The next status conference is scheduled for 3/4/2021 at 10:15 a.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831.The Clerk of the Court is requested to mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/21/2021) ( Motions due by 2/22/2021., Telephone Conference set for 3/4/2021 at 10:15 AM before Judge Philip M. Halpern.) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
139
MEMORANDUM OPINION AND ORDER re: 127 MOTION for Summary Judgment (Notice of Defendant Kolek's Motion for Partial Summary Judgment). filed by Joseph Kolek. The Court GRANTS Defendant' motion for summary judgment IN PART. S pecifically, the Court grants Defendant summary judgment on Plaintiffs false arrest, malicious prosecution, and unreasonable search and seizure claim related to the alleged search of Plaintiffs residence on September 6, 2014. The Court DENIES Defe ndants motion concerning the alleged strip search and visual body cavity inspection. Plaintiff's remaining claims related to the alleged warrantless entry into Plaintiff's residence on September 6, 2014 and the alleged strip search and v isual cavity body inspection will proceed to trial. The Court shall hold a telephonic pretrial conference on December 17, 2020 at 11:00 a.m. At the time of the scheduled conference all parties shall call (888) 398-2342; access code: 3456831. Defen dant is directed to mail a copy of this Order to Plaintiff and provide proof of service on the docket. Additionally, it is the responsibility of counsel for Defendant to make prior arrangements with the appropriate facility to have the Plaintiff available via telephone for the December 17, 2020 conference. The Court directs the Clerk to terminate the pending motion (Doc. 127). SO ORDERED. (Signed by Judge Philip M. Halpern on 11/16/2020) (jca)
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Filing
110
OPINION AND ORDER: For the foregoing reasons, Defendants' Motion To Dismiss is granted. Plaintiffs malicious prosecution claim is dismissed with prejudice as to all Defendants. Plaintiffs false arrest, false imprisonment, and unlawful search c laims are dismissed with prejudice as to Moving Defendants. The Clerk of the Court is respectfully requested to terminate the pending Motions, (Dkt. Nos. 32, 37, 46), and to mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/7/2019) (jca) Transmission to Docket Assistant Clerk for processing. Modified on 5/9/2019 (jca).
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Filing
42
OPINION AND ORDER. For the foregoing reasons, the Court grants the Town's Motion To Dismiss. In light of Plaintiff's pro se status, and because this is the first adjudication of Plaintiff's claims on the merits, his claims are dismisse d without prejudice. If Plaintiff wishes to file an Amended Complaint alleging additional facts and otherwise addressing the deficiencies identified above, Plaintiff must do so within 30 days of the date of this Opinion & Order. The failure to do so may result in the dismissal of Plaintiff's claims against the Town with prejudice. If Plaintiff files no Amended Complaint, the Court will assume Plaintiff intends only to proceed with the claims against Defendant Kolek. The Clerk of Court is re spectfully requested to terminate the pending Motions. (See Dkt. Nos. 22, 26.) SO ORDERED. re: 26 MOTION for an order denying Defendant's Motion to Dismiss Plaintiff's Amended Complaint filed by Damon Wheeler, 22 MOTION to Dismiss plaintiff's amended complaint filed by Town of Wallkill. Town of Wallkill terminated. (Signed by Judge Kenneth M. Karas on 7/13/2017) (rjm)
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