December 7, 2022 |
Filing
173
CLERK'S JUDGMENT re: 172 Memorandum & Opinion in favor of County of Putnam, Putnam County Correctional Facility Medical Officials John and/or Jane Does 1, 2, 3, etc., Putnam County Correctional Facility Medical Officials John and/or Jane Does 1, 2, 3, etc. (Individual Capacity), Putnam County Correctional Facility Medical Officials John and/or Jane Does 1, 2, 3, etc. (Official Capacity), Putnam County Sheriff's Officers John and/or Jane Does 1, 2, 3, etc (Official Capacity), P utnam County Sheriff's Officers John and/or Jane Does 1, 2, 3, etc. (Individual Capacity), Putnam County Sherriff's Department Officer "Angie", A. Villani, Angela McGoorty, Anthony Colello, Christopher Stewart, Cris Stewart, Do nald Smith, Jennifer Wilkinson, John Cassidy, John and/or Jane Does 1, 2, 3, etc., Karen Jackson, Keith Puhekker, Michelle Nigro, Richard Greagor, Steven Napolitano, Trudy Giampaolo, William Spinelli against Nancy Lara-Grimaldi. It is hereby ORDER ED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 6, 2022, Defendant's Motion for Summary Judgment is granted. Plaintiff's federal claims are dismissed, and the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/7/2022) (Attachments: # 1 Right to Appeal) (km)
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December 6, 2022 |
Filing
172
OPINION AND ORDER re: 156 MOTION for Summary Judgment . filed by County of Putnam. For the foregoing reasons, Defendant's Motion for Summary Judgment is granted. Plaintiff's federal claims are dismissed, and the Court dec lines to exercise supplemental jurisdiction over Plaintiff's state law claims. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 156), enter judgment for Defendants, and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/6/2022) (jca) Transmission to Orders and Judgments Clerk for processing.
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March 11, 2022 |
Filing
155
OPINION AND ORDER: For the foregoing reasons, the Motion is denied. The Clerk of the Court is respectfully requested to terminate the pending Motion. (Dkt. No. 144.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/11/2022) (jca)
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February 18, 2022 |
Filing
153
NOTICE OF TELECONFERENCE INFORMATION: For the week of February 22, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time. Meeting Dial-In Number ( USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases sha ll mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initi al conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/18/2022) (ama)
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April 15, 2021 |
Filing
142
ORDER granting 141 Letter Motion for Discovery. The schedule is approved. No extensions will be granted. So Ordered. (Signed by Judge Kenneth M. Karas on 4/15/21) (yv)
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March 29, 2021 |
Filing
140
OPINION & ORDER: re: 125 MOTION for Summary Judgment filed by Michelle Nigro, 129 MOTION for Summary Judgment filed by Anthony Colello, Karen Jackson, Steven Napolitano, William Spinelli, County of Putnam, John Cassidy, Jennifer Wilkins on, Donald Smith, Keith Puhekker, Trudy Giampaolo. For the foregoing reasons, the Motions are granted in part and deferred in part. The Court grants the Motions with respect to Plaintiff's deliberate indifference claim. It defers considering the Motions with respect to Plaintiff's state law claims. The Clerk of Court is respectfully directed to terminate the pending Motions, (Dkt. Nos. 125, 129). The Parties are topropose an approach to adjudicating Plaintiff's Monell claim by April 13, 2021.SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/29/2021) (ama)
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December 5, 2019 |
Filing
121
ORDER granting 120 Letter Motion to Adjourn Conference. Granted. The conference is adjourned to 1/21/20, at 12:00. SO ORDERED. Pre-Motion Conference set for 1/21/2020 at 12:00 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 12/4/2019) (jca)
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August 1, 2019 |
Filing
111
OPINION AND ORDER: For the foregoing reasons, Defendants Motion To Dismiss is granted. Plaintiff's familial-association claim is dismissed with prejudice, as amendment would be futile. The Clerk of the Court is respectfully requested to terminate the pending Motion. (Dkt. No. 58.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/1/2019) (jca) Transmission to Orders and Judgments Clerk for processing.
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March 29, 2018 |
Filing
43
OPINION & ORDER: re: 34 MOTION to Dismiss, filed by Karen Jackson, Steven Napolitano, County of Putnam, A. Villani, Donald Smith, 31 FIRST MOTION to Dismiss, filed by Cris Stewart. For the foregoing reasons, S tewarts Motion To Dismiss the Complaint is granted as to the first claim for violation of Plaintiffs First Amendment rights and fifth claim for violation of Article I § 12 of the New York State Constitution. Plaintiff is ordered to file a Cer tificate of Merit as to the fourth claim for state law wrongful death and the sixth claim for state law negligence. Stewarts Motion To Dismiss the Complaint is denied as to the other claims against Stewart. As to Napolitano and Jackson, the Motion To Dismiss the Complaint is granted as to the first claim for violation of Plaintiffs First Amendment rights and fifth claim for violation of Article I § 12 of the New York State Constitution. County Defendants Motion To Dismiss the Complaint is denied as to the other claims against Napolitano and Jackson. As to Villani and Smith, the Motion To Dismiss the Complaint is granted as to the first claim for violation of Plaintiffs First, Eighth, and Fourteenth Amendment rights, fourth claim for state law wrongful death, fifth claim for violation of Article I § 12 of the New York State Constitution, and sixth claim for state law negligence. Plaintiff alleges no other claims against Villani and Smith. As to Putnam County, the Mot ion To Dismiss the Complaint is granted as to the Monell violations, the third claim for violations of the ADA and Rehabilitation Act, the fourth claim for state law wrongful death, and the seventh claim for state law negligent hiring, training and supervision. County Defendants Motion To Dismiss the Complaint is denied as to the other claims against Putnam County. However, because this is the first adjudication of Plaintiffs claims on the merits, the dismissals are without prejudice. Should Plaintiff choose to file an Amended Complaint, she must do so within 30 days of this Opinion, addressing the deficiencies identified herein. The Amended Complaint will replace, not supplement, the complaint currently before the Court. The Clerk of the Court is respectfully requested to terminate the pending Motions (Dkt. Nos. 31, 34.), and as further set forth in this order. Donald Smith (Putnam County Sheriff) and A. Villani (Putnam County Sheriff's Department Officer) terminated. (Signed by Judge Kenneth M. Karas on 3/29/2018) (ap) Modified on 3/30/2018 (ap).
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