Hudson v. Town of Pine Plains-Justice Christie Acker et al
| Robert Hudson |
| Town of Pine Plains-Justice Christie Acker, Town of Pine Plains, County of Dutchess, Dutchess County Treasurer, Miano, J. Margendahl, Attorney General of New York, Department of State of New York State, Premier Court Reporters and Schmieder And Miester Inc. |
| 7:2012cv05548 |
| July 18, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| New York |
| Kenneth M. Karas |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
154
ORDER ADOPTING R&R IN PART & ORDER TO SHOW CAUSE for 142 Report and Recommendations: On April 24, 2017, Magistrate Judge Paul E. Davison issued a Report & Recommendation (the "R&R") recommending dismissal of Plaintiff's claims again st Defendants Miano and Mergendahl pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) for Plaintiff's repeated failure to comply with court-ordered discovery. For the reasons to follow, the Court adopts Judge Davison's recommendation i n part. Accordingly, it is hereby: ORDERED that Plaintiff shall show cause, by no later than June 14, 2017, as to why his claims against Defendants Miano and Mergendahl should not be dismissed with prejudice. The Court will dismiss the claims with prejudice in the event that good cause is not shown. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/31/2017) (ama)
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Filing
104
MEMORANDUM AND OPINION re: 100 MOTION to Dismiss . filed by Miano, J. Margendahl. For the foregoing reasons, Defendants' Motion To Dismiss Plaintiff's claims for false arrest against Miano and Mergendahl and for Miano's involvement in the seizure of Plaintiff's rifles is granted with prejudice. The Clerk of the Court is respectfully directed to terminate the pending Motion. (See Dkt. No. 100.) (Signed by Judge Kenneth M. Karas on 11/14/2015) (rj)
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Filing
89
OPINION AND ORDER: Dutchess County's Motion to Dismiss is granted without prejudice. Additionally, Troopers Miano and Mergendahl's Motion to Dismiss is granted in part and denied in part without prejudice. Any rifle-related claims that Plaintiff is attempting to assert against Trooper Mergendahl are dismissed with prejudice, but any such claims that Plaintiff is attempting to assert against Trooper Miano are not dismissed at this time. Plaintiff may file a Fourth Amended Complai nt within 30 days of the issuance of this Opinion, which Complaint may address the deficiencies that the Court has identified. Alternatively, Plaintiff may notify the Court and Defendants that he wishes to proceed with the Third Amended Complaint. Defendants will then be given 20 days either to answer the operative complaint or to file a premotion letter. As noted above, should Troopers Miano and Mergendahl seek to dismiss any false-arrest claims that Plaintiff may assert against them in his Fourth Amended Complaint, they will not be required to submit a premotion letter in advance of filing a motion to dismiss such claims. However, should Troopers Miano and Mergendahl seek to dismiss any other claims that Plaintiff may assert agai nst them in his Fourth Amended Complaint-for example, the rifle-related claim that Plaintiff is attempting to assert against Trooper Miano in his Third Amended Complaint-they will be required to submit a premotion letter before doing so. The Clerk of Court is respectfully requested to terminate the pending motions. (See Dkt. Nos. 70, 77.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/29/2014) (lnl)
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