Moritz v. Town of Goshen et al
| Laura Moritz |
| Town of Goshen, Town of Warwick, Matthew Imperio, Brett M Lukach, Michele Lea Biaso and Joy Gorish |
| Matthew Imperio, Michele Lea Biaso and Laura Moritz |
| Laura Moritz |
| 1:2015cv05424 |
| December 22, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Albany |
| Nelson Stephen Roman |
| Lisa Margaret Smith |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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Filing
213
ORDER: Accordingly, it is hereby ORDERED that Defendant show cause in writing by December 21, 2017, why this action should not be dismissed, without prejudice to reasserting the state claims in state court, pursuant to 28 U.S.C. § 1367(c)(3). (Signed by Judge Nelson Stephen Roman on 11/21/2017) (jwh)
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Filing
204
OPINION & ORDER re: 184 MOTION for Summary Judgment . filed by Joy Gorish, 175 MOTION to Amend/Correct Counterclaims. MOTION for Summary Judgment . filed by Matthew Imperio. For the foregoing reasons, the mot ions are resolved as follows. Defendant/Counter-claimant Imperio's motion to amend is granted in part and denied in part: That portion of the motion seeking to amend the pleadings to add additional counter-claims deemed timely, namely that in November 2015, Moritz falsely told Ms. Breitfeld that Imperio had sexual relations with an under-aged girl, and that in fall 2015, she told Ms. Satriano that Imperio raped a 15-year old (see supra, at 6-7), is granted; and That portion of the moti on seeking to amend the pleadings to add additional counter-claims which were deemed as untimely, as falling outside the statute of limitations, (supra, at 7), is denied. Imperio's motion for summary judgment is granted in part and denied in part: That portion seeking summary judgment as to Moritz's defamatory statement that he had improper sexual relations with an under-aged girl is granted; and That portion seeking summary judgment as to Moritz's alleged defamatory statemen ts that he raped an under-aged girl, that he was suspended from his job, and his libelous claim, is denied. Defendant Gorish's motion for summary judgment is granted in part and denied in part: That po1tion of Gorish's motion seeking to d ismiss Plaintiff's Section 1983 conspiracy/joint action claims and malicious prosecution claim, is granted; That portion of Gorish's motion seeking to dismiss Plaintiff's claim of false arrest, is denied. Defendant Biaso's motio n for summary judgment seeking to dismiss Plaintiff's state and federal claims sounding in false arrest, malicious prosecution, abuse of process, and conspiracy claims, is GRANTED. The Court respectfully directs the Clerk to terminate the mot ions at ECF Nos. 175 and 184. The Clerk of Court is also directed to terminate Biaso from this action. The parties are directed to appear for an in-person Pre-Trial Conference on November 16, 2017 at 10:00 a.m., at the Charles L. Brieant United Stat es Courthouse, 300 Quarropas Street, White Plains, NY 10601, Courtroom 218. Party Michele Lea Biaso and Michele Lea Biaso terminated. Pretrial Conference set for 11/16/2017 at 10:00 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 10/19/2017) (kgo)
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Filing
121
MEMORANDUM AND OPINION re: 83 MOTION to Dismiss , filed by Joy Gorish. Defendant Gorish's motion to dismiss the Amended Complaint is GRANTED in part and DENIED in part. The Court dismisses the malicious abuse of process claim against Defendant Gorish. The Court respectfully directs the Clerk to terminate the motion at ECF No. 83. So Ordered. (Signed by Judge Nelson Stephen Roman on 6/9/16) (yv)
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