Falls v. DuBois et al
| Raiquan K. Falls |
| Carl E. DuBois, Myra Rude and John Doe |
| 1:2017cv01339 |
| February 22, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Vincent L. Briccetti |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
160
ORDER OF DISMISSAL: The Court has been advised that the parties have settled this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs, and without prejudice to the right to restore the action to the Court's calen dar, provided the application to restore the action is made by no later than August 17, 2020. To be clear, any application to restore the action must be filed by August 17, 2020, and any application to restore the action filed thereafter may be deni ed solely on the basis that it is untimely. All other deadlines, scheduled conferences, or other scheduled court appearances are cancelled. Any pending motions are moot. SO ORDERED. (Motions due by 8/17/2020.) (Signed by Judge Vincent L. Briccetti on 6/16/2020) (mml)
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Filing
135
OPINION AND ORDER re: 106 MOTION for Summary Judgment filed by Myra Rude, Jeffrey Perez, Carlos Canario, Roman Scuadroni, Ricardo Rivera, William Anderson, John Thomas, Jonathan Saintiche, Patrick Bloomer, Chris Tabachnick, Trevor Lord. The motion for summary judgment is GRANTED IN PART and DENIED IN PART. All claims are dismissed against defendants Scuadroni, Rivera, and Thomas. In addition, all remaining defendants are entitled to qualified immunity on plaintiff� 39;s false arrest claim. Plaintiffs remaining claims against defendants Saintiche, Lord, Rude, Anderson, Canario, Tabachnick, Bloomer, and Perez are (i) excessive force; (ii) failure to intervene; and (iii) violation of his Fourth Amendment rights arising out of the alleged strip search.The Court will conduct a status conference on September 11, 2019, at 11:30 a.m., at which time the Court will set a trial date and a schedule for pretrial submissions. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this case, the parties, prior to that date, are directed to discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conduct all further proceedings, including tr ial, before the assigned Magistrate Judge. The Clerk is instructed to (i) terminate the motion (Doc. #106), and (ii) terminate defendants Roman Scuadroni, Ricardo Rivera, and John Thomas. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. John Thomas (Shield #274), Ricardo Rivera (Shield #455) and Roman Scuadroni (Shield #452) terminated. (Status Conference set for 9/11/2019 at 11:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 8/7/2019) Copies Mailed By Chambers. (mml)
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Filing
72
OPINION AND ORDER re: 65 MOTION to Amend/Correct 2 Complaint, 28 Amended Complaint,. filed by Raiquan K. Falls, 59 MOTION to Dismiss . filed by Orange County, 38 MOTION to Dismiss plaintiff's amended complain t against the City of Newburgh. filed by City of Newburgh., City of Newburgh and Orange County terminated. Defendants' motions to dismiss are GRANTED. (Doc. #38, 59) Plaintiff's motion for leave to file a second amended complaint i s DENIED. (Doc. #65). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. Unit ed States, 369 U.S. 438, 444-45 (1962). The Clerk is instructed to terminate the pending motions (Docs. ##38, 59, 65), and terminate defendants Orange County and the City of Newburgh. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/2/18) (yv)
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