Howell v. Port Chester Police Station et al
| Gary Wayne Howell |
| Port Chester Police Station and Optimum Cable Co. |
| 7:2009cv01651 |
| February 23, 2009 |
| US District Court for the Southern District of New York |
| Civil Rights: Other Office |
| Westchester |
| Cathy Seibel |
| Lisa Margaret Smith |
| Plaintiff |
| Federal Question |
| 28:1983 Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
28
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 20 Report and Recommendations 12 Motion to Dismiss filed by Port Chester Police Station, 15 Motion for Summary Judgment filed by Optimum Cable Co....In accordance with the above, the Motion to Dismi ss of Defendant Port Chester Police Department (sued as "Port Chester Police Station") and the Motion for Summary Judgment of Defendant Optimum Cable Co. are granted. The Clerk of the Court is respectfully directed to terminate the pending motions. (Doc. 12, 15.) Plaintiff may, on or before April 2, 2010, make a formal motion to amend the Complaint by filing the same with the Clerk of the Court via the ProSe Office. Should such a motion not be filed by that date, the Clerk of the Court is directed to close the case. Should such a motion be filed, Plaintiff shall serve it on counsel for PCPD (who presumably would also represent the Village of Port Chester). The proposed Defendant shall move or answer within the time permitted by Fe d. R. Civ. P. 12. Should the proposed Defendant wish to move to dismiss, the require~nentf or a pre-motion conference (see the Court's Individual Practices 2.A.) is waived. SO ORDERED. (Signed by Judge Cathy Seibel on 3/15/10) The Clerk's Office Has Mailed Copies.(fk)
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Filing
20
REPORT AND RECOMMENDATIONS re: 12 MOTION to Dismiss filed by Port Chester Police Station, 15 MOTION for Summary Judgment filed by Optimum Cable Co....For the foregoing reasons, I conclude, and respectfully recommend that Your Honor should conclud e, that Defendant Police Departments motions to dismiss and Defendant CSCs motion for summary judgment should be granted in their entirety and that Plaintiffs Amended Complaint should be dismissed with prejudice. Objections to R&R due by 1/21/2010. (Signed by Magistrate Judge Lisa Margaret Smith on 1/4/10) The Clerk's Office Has Mailed Copies. (fk)
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