Kastle et al v. The Town of Kent, New York et al
| Barbara B. Kastle and Matthew L. Kastle |
| The Town of Kent, New York, Vincent E. Bade, Chris Tompkins, Darren M. Cea, Alex V. Vanderwoude, John Does 1,2,3 and 4, The Town of Kent Police Department, Donald L. Smith, Alex DiVernieri, Jerry Raneri, The County of Putnam, New York, The Putnam County Sheriff's Office, Donald B. Smith, J.P. Kerwick, Daniel Hunsberger, Michael Does 1,2,3 and 4, The Town of East Fishkill, New York, Town of East Fishkill Police Department, Brian C. Nichols, Dwayne P. Doughty, Kyle P. Doughty, Daniel P. Didato, Ryan J. Angioletti and Mark Does 1,2,3 and 4 |
| 7:2013cv02256 |
| April 5, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Putnam |
| Vincent L. Briccetti |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
167
MEMORANDUM OPINION AND ORDER re: 130 MOTION for Summary Judgment . filed by Ryan J. Angioletti, Daniel P. Didato, Kyle P. Doughty, 122 MOTION for Summary Judgment . filed by J.P. Kerwick, Daniel Hunsberger, 126 MOTIO N for Summary Judgment . filed by Alex DiVernieri, Darren M. Cea, Chris Tompkins, Jerry Raneri. The Court OVERRULES both parties' objections to Magistrate Judge Davison's thorough and well-reasoned R&R, with the exception that t he Court SUSTAINS plaintiffs' objections to Judge Davison's recommendation as to the wrongful death claim against the Kent defendants and the East Fishkill defendants. The Court otherwise adopts the R&R in its entirety. The motion of the Putnam County defendants J.P. Kerwick and Daniel Hunsberger for summary judgment is GRANTED. The motion of the Kent defendants Chris Tompkins, Darren M. Cea, Alex DiVernieri, and Jerry Raneri for summary judgment is GRANTED with respect to all cl aims except the wrongful death claim, as to which it is DENIED. The motion of the East Fishkill defendants Kyle P. Doughty, Daniel P. DiDato, and Ryan J. Angioletti for summary judgment is GRANTED with respect to all claims except (i) the wrongful death claim, (ii) the fair trial claim against DiDato and Angioletti based on the suppression of narrative reports containing information of Officer Bade's consumption of alcohol, and (iii) the conspiracy claim against DiDato and Angioletti, as to which it is DENIED. The Clerk is instructed to terminate the motions. (Docs. ##122, 126, 130). The Clerk is further instructed to terminate defendants J.P. Kerwick and Daniel Hunsberger. By August 28, 2017, counsel shall submit a Joint Pretria l Order in accordance with paragraph 3(A) of the Court's Individual Practices. All counsel, except counsel for the Putnam County defendants, shall attend a case management conference on August 29, 2017, at 9:30 a.m., at which time the Court w ill schedule the case for trial and set dates for pretrial submissions. SO ORDERED., (Daniel Hunsberger (Putnam County ) and J.P. Kerwick (Putnam County ) terminated.), (Pretrial Order due by 8/28/2017., Case Management Conference set for 8/29/2017 at 09:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 7/27/17) (yv)
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