Marom v. Town of Greenburgh et al
Michael Marom |
Town of Greenburgh, John Doe, Jane Doe, Rocco V. Salerno, Jr., Deborah Salerno and Mark H. Gordon |
7:2013cv04733 |
July 9, 2013 |
US District Court for the Southern District of New York |
White Plains Office |
XX Out of State |
Nelson Stephen Roman |
Civil Rights: Other |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 187 OPINION AND ORDER re: 183 MOTION to Set Aside . filed by Keira Knoesel, John Herighty. Based on the foregoing, Defendants' motion is granted. Plaintiff's in forma pauperis status is deemed revoked, without prejudice to renew. The Clerk of Court is respectfully directed to terminate the motion at Doc. No. 183. This constitutes the Court's Opinion and Order. (Signed by Judge Nelson Stephen Roman on 10/11/2017) (rj) |
Filing 171 MEMORANDUM AND ORDER re: 164 MOTION FOR DISALLOWANCE. filed by Michael Marom. Here, considering the arguments set forth by the parties, costs will be allowed. Plaintiff's case was not frivolous, but he ultimately did not prevail. Alth ough the Court did not need to rely on much more than the videotape of the events at issue to understand how the events unfolded, the deposition transcripts were submitted in conjunction with the Defendants' successful motion for summary judgm ent. Defendants also make a strong showing that Plaintiff is not truly indigent or necessarily deserving of informa pauperis status. As such the balance of the equities leads the Court to the conclusion that the costs are appropriately taxed again st Plaintiff. Nevertheless, in exercising the Court's equitable power, the costs requested will be reduced by half. Cf DiBella v. Hopkins, 407 F. Supp. 2d 537, 541 (S.D.N.Y. 2005) (costs for deposition used at trial allowed where witness &quo t;played a role generally in the events that led to the dispute, and his testimony provided some useful background"). The Clerk of the Court is respectfully directed to enter a judgment of costs against Plaintiff in favor of Defendants in the amount of $1,298.06 and to terminate the motion at ECF No. 164. (Signed by Judge Nelson Stephen Roman on 5/10/2017) (rj) |
Filing 160 OPINION & ORDER re: 153 CROSS MOTION for Summary Judgment filed by Keira Knoesel, John Herighty, 149 MOTION for Summary Judgment filed by Keira Knoesel, John Herighty. For the foregoing reasons, summary judgment in f avor of Defendants John Herighty and Keira Knoesel is GRANTED. Defendant Town of Greenburgh is, therefore, dismissed. Plaintiff's cross-motion is necessarily DENIED. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 149 & 153, to enter judgment in favor of Defendants Herighty and Knoesel, and to close the case. (Signed by Judge Nelson Stephen Roman on 3/17/2017) (mml) |
Filing 126 OPINION AND ORDER re: 68 MOTION to Dismiss Eleventh Cause of Action filed by The Estate of Late Steven Balesco, Town of Greenburgh, 121 MOTION to Dismiss pursuant to Federal rule of Civil Procedure 12(b)(6) filed by Ke ira Knoesel, John Herighty, 74 MOTION to Dismiss Case as Frivolous filed by Rocco V. Salerno, Jr., Deborah Salerno, 71 MOTION to Dismiss All Causes of Action Against Defendant Gouveia filed by Town of Greenburgh, Ge be Gouveia, 89 FIRST MOTION to Dismiss Causes of Action filed by Keira Knoesel, John Herighty, Chris McNurney, Joseph Decarlo. For the reasons stated above, the pending motions to dismiss the amended complaint are GRANTED in part, and DENIED in part. The sole remaining defendants (the Town, Herighty, and Knoesel) already have filed answers to the sole remaining claims in the amended complaint (claims one and two), and therefore a district court status conference shall be held on March 25, 2015 at 11:15 a.m., after which the matter shall be referred to a magistrate judge for discovery. The parties shall bring a completed case management plan to the conference. The Clerk of Court is respectfully requested to terminate the motions at docket numbers 68, 71, 74, 89, and 121, and to terminate the action as against all defendants except the Town of Greenburgh, John Herighty, and Keira Knoesel. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/23/2015) (mml) |
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