Jane Doe v. John Doe

Jane Doe v. John Doe

Plaintiff:	Jane Doe
Defendant:	John Doe
Case Number:	7:2016cv00332
Filed:	January 15, 2016
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	XX Out of State
Presiding Judge:	Nelson Stephen Roman
Nature of Suit:	Other Personal Injury
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
July 14, 2017	Filing 48 OPINION AND ORDER re: 28 MOTION for Summary Judgment as to liability. filed by Jane Doe. For the foregoing reasons, Plaintiff's motion seeking partial summary judgment in her favor is GRANTED in part and DENIED in part, and her motion seeking dismissal of Defendant's counterclaims is GRANTED. Principles of collateral estoppel render Defendant liable for Plaintiff's injuries, whatever they may be, as a matter of law. Despite Defendant's oft-stated contentio n that "the transcript [of his allocutions] speaks for itself," it does not speak in his favor. (See, e.g., Def.'s 56.1 para. 8.) Plaintiff is, therefore, granted summary judgment in her favor on the issue of liability for her claim o f intentional infliction of emotional distress. She must, however, be denied summary judgment on her claim for negligent infliction of emotional distress. Furthermore, both of Defendant's remaining counterclaims must be dismissed without pre judice, because he has failed to allege sufficient facts to set forth claims for defamation. The case shall proceed to discovery on the determination of damages owed. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 28. The parties are directed to contact Judge Smith to inform her of the disposition of this motion and schedule a conference. (Signed by Judge Nelson Stephen Roman on 7/14/2017) (rj) Copies Mailed By Chambers. Modified on 7/14/2017 (rj).

Date Filed

Document Text

July 14, 2017

Filing 48 OPINION AND ORDER re: 28 MOTION for Summary Judgment as to liability. filed by Jane Doe. For the foregoing reasons, Plaintiff's motion seeking partial summary judgment in her favor is GRANTED in part and DENIED in part, and her motion seeking dismissal of Defendant's counterclaims is GRANTED. Principles of collateral estoppel render Defendant liable for Plaintiff's injuries, whatever they may be, as a matter of law. Despite Defendant's oft-stated contentio n that "the transcript [of his allocutions] speaks for itself," it does not speak in his favor. (See, e.g., Def.'s 56.1 para. 8.) Plaintiff is, therefore, granted summary judgment in her favor on the issue of liability for her claim o f intentional infliction of emotional distress. She must, however, be denied summary judgment on her claim for negligent infliction of emotional distress. Furthermore, both of Defendant's remaining counterclaims must be dismissed without pre judice, because he has failed to allege sufficient facts to set forth claims for defamation. The case shall proceed to discovery on the determination of damages owed. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 28. The parties are directed to contact Judge Smith to inform her of the disposition of this motion and schedule a conference. (Signed by Judge Nelson Stephen Roman on 7/14/2017) (rj) Copies Mailed By Chambers. Modified on 7/14/2017 (rj).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Jane Doe v. John Doe
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Jane Doe
Represented By:	Alan Edward Sash
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: John Doe
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?