Klein v. Zugabie et al
| Shmuel Klein |
| Thomas P. Zugabie, United Parcel Service, Inc., David P. Abney, Richard Smith, George Kellin, D. Scott Davis, Demeza Delhomme, Paul Modica, John Beltempo, Louis Scorziello, John Doe, Jane Roe and XYZ |
| 7:2015cv09093 |
| November 19, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Nelson Stephen Roman |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
106
CLERK'S JUDGMENT re: 105 Memorandum & Opinion in favor of John Beltempo, Louis Scorziello against Shmuel Klein. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 27, 2020, Defendants' motion to dismiss is GRANTED. The Second Amended Complaint is dismissed as against Defendants Scorziello and Beltempo for lack of personal jurisdiction; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 5/28/2020) (Attachments: # 1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing.
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Filing
105
OPINION AND ORDER re: 96 MOTION to Dismiss . filed by John Beltempo, Louis Scorziello. For the foregoing reasons, Defendants' motion to dismiss is GRANTED. The Second Amended Complaint is dismissed as against Defendants Scorz iello and Beltempo for lack of personal jurisdiction. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 96 and close the case. (Signed by Judge Nelson Stephen Roman on 5/27/2020) (rj) Transmission to Orders and Judgments Clerk for processing.
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Filing
90
OPINION & ORDER re: 71 MOTION to Dismiss . filed by Jane Roe. For the foregoing reasons, Defendant Parietti's motion to dismiss Plaintiff's Amended Second Amended Complaint is GRANTED. Plaintiff's claims against Defe ndants Beltempo and Scorziello remain. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 71, and to dismiss Defendant Jennifer Parietti (s/h/a "Jane Roe") from this action. Remaining Defendants Beltempo an d Scorziello are directed to file an answer to the Amended Second Amended Complaint on or before October 8, 2018. The parties are directed to confer, complete, and submit to the Court the attached case management plan on or before October 12, 2018. This constitutes the Court's Opinion and Order. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/7/2018) (rj)
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Filing
44
OPINION & ORDER re: 26 MOTION to Dismiss filed by Thomas P. Zugabie, 39 MOTION to Dismiss filed by George Kellin, David P. Abney, United Parcel Service, Inc., D. Scott Davis, Richard Smith, 30 MOTION to Dis miss filed by John Beltempo, Louis Scorziello, Paul Modica, Demeza Delhomme. For the foregoing reasons, Defendants' motions to dismiss the complaint are GRANTED IN PART and DENIED IN PART. Plaintiff's claims against the UPS D efendants, Defendant District Attorney Zugabie, Defendant Mayor Delhomme, and Defendant Chief Modica are dismissed with prejudice. Plaintiff's claims against the Jane Doe Assistant District Attorney for malicious prosecution and conspiracy to m aliciously prosecute are dismissed without prejudice, but any other claims against Jane Doe are dismissed with prejudice. Only Plaintiff's § 1983 claim against Officers Beltempo and Scorziello for malicious prosecution currently remains ( Count XIII, as informed by Count X). The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 26, 30, and 39, and to dismiss Defendants Thomas P. Zugabie, United Parcel Service, Inc., David P. Abney, Richard Smith, Georg e Kellin, D. Scott Davis, Demeza Delhomme, Paul Modica, John Doe, Jane Roe, and XYZ from this action. Plaintiff shall file an amended complaint in conformance with the above on or before February 14, 2017. The remaining Defendants shall answer or see k a pre-motion conference on any potential motion to dismiss by March 14, 2017. The parties are directed to appear for an initial pre-trial conference on March 23, 2017 at 12:15 pm. SO ORDERED. Demeza Delhomme (in his official capacity as Mayor of the Village of Spring Valley), Jane Roe, John Doe, George Kellin, Paul Modica (in his official capacity as a Police Chief for the Village of Spring Valley Police Department), Richard Smith, United Parcel Service, Inc., XYZ, Thomas P. Zugabie ( in his official capacity as Rockland County District Attorhe), David P. Abney and D. Scott Davis terminated. (Louis Scorziello answer due 3/14/2017; John Beltempo answer due 3/14/2017. Amended Pleadings due by 2/14/2017. Initial Conference set for 3/23/2017 at 12:15 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 1/24/2017) (mml)
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