Davis v. Whillheim et al
| Kent Davis |
| Erica Whillheim, Cynthia Arreola, Amy B. Milano, New York Presbyterian Hospital, Dominique Manfreda, Gloria Avery, Crystal Pierre, Administration For Children (A.C.S.), Ronald E. Richter and John B. Mattingly |
| 1:2017cv05793 |
| July 31, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
138
CLERK'S JUDGMENT re: 137 Memorandum & Opinion. in favor of Crystal Pierre, Cynthia Arreola, Dominique Manfreda, Erica Whillheim against Kent Davis. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court' ;s Opinion and Order dated April 17, 2020, Willheim's motion to dismiss is granted insofar as it seeks dismissal of the federal claims against her in this action; the Court declines to exercise supplemental jurisdiction over Plaintiff's sta te-law claims in this action, and therefore those claims are dismissed without prejudice; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 04/17/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.
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Filing
126
ORDER: Accordingly, Plaintiff is hereby ORDERED to notify the Court by December 23, 2019 regarding whether he will oppose the motions. If the Court does not hear from Plaintiff by that date, it will deem the motions fully submitted and take the unopposed motions under review. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/11/2019) Copies Mailed By Chambers. (jca)
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Filing
122
ORDER granting 121 Letter Motion for Extension of Time to File. Application GRANTED. City Defendants must file and serve their renewed motion on or before January 13, 2020. Plaintiff's opposition, if any, shall be due on February 28, 2020. Defendants' reply, if any shall be due March 27, 2020. No further extensions will be granted. (Signed by Judge Katherine Polk Failla on 12/6/2019) (rro)
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Filing
93
OPINION AND ORDER: For the foregoing reasons, the Moving Defendants' motions to dismiss are GRANTED IN PART and DENIED IN PART. Plaintiff's claims against the Moving Defendants under 42 U.S.C. § 1983 are dismissed with prejudice, but the Court will retain supplemental jurisdiction over the state and local claims, at least until the other Defendants have responded or defaulted. The Clerk of Court is directed to terminate the motions at docket entries 61, 67, and 70. As noted e arlier in this Opinion, there are three Defendants who did not move to dismiss. Two of them, Erica Whillheim and Amy Milano, were not served within the 90-day period specified in Fed. R. Civ. P. 4. Plaintiff is ORDERED to advise the Court on or bef ore March 29, 2019, if he wishes to continue the action against these two Defendants. If he does, he must also explain the diligence he has exhibited with respect to serving these two Defendants, and any other reasons that would constitute "go od cause" and justify the Court extending the period of time within which service can be accomplished. With respect to Defendant Gloria Avery, Plaintiff should advise the Court as to whether he wishes to pursue this case against this Defendant and, if so, he should follow this Court's procedures for obtaining a default judgment, beginning with obtaining a Certificate of Default from the Clerk's Office. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/26/2019) Copies Mailed By Chambers. (rro)
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