Harris v. The City of Newburgh et al
| Plaintiff: |
Roquan Harris |
| Defendant: |
The City of Newburgh, Charles Cruz, Roman Scuadroni, Ricardo Rivera, Robert Pedrick, Kevin Lahar and John or Jane Does # 1-10 |
| Case Number: |
7:2016cv02731 |
| Filed: |
April 12, 2016 |
| Court: |
US District Court for the Southern District of New York |
| Office: |
White Plains Office |
| County: |
Orange |
| Presiding Judge: |
Kenneth M. Karas |
| Nature of Suit: |
Other Civil Rights |
| Cause of Action: |
42 U.S.C. § 1983 |
| Jury Demanded By: |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
| Date Filed |
Document Text |
| September 27, 2017 |
Filing
35
OPINION AND ORDER: re: 26 MOTION to Dismiss filed by Kevin Lahar, Roman Scuadroni, Charles Cruz, The City of Newburgh, Robert Pedrick, Ricardo Rivera. For the foregoing reasons, Defendants' Motion To Dismiss is granted with respect to Pl aintiff's Monell claim against the City of Newburgh and denied with respect to Plaintiff's conspiracy and failure to intervene claims. As Plaintiff has already amended his Complaint in response to the arguments raised in Defendants' le tter to the Court dated August 16, 2016, (seeDkt. No. 7), those claims that are dismissed are dismissed with prejudice. See Denny v. Barber, 576 F.2d 465, 471 (2d Cir. 1978) (holding that the plaintiff was not entitled to "a third go around" ;); Melvin v. County of Westchester, No. 14-CV-2995, 2016 WL 1254394, at *24 n.19 (S.D.N.Y. Mar. 29, 2016) (granting motion to dismiss with prejudice where "[the] [p]laintiff has already had two bites at the apple, and they have proven fruitless " (alterations and internal quotation marks omitted). The Court will hold a status conference on October 26, 2017 at 2:30 P.M. The Parties should be prepared to discuss a case management plan at the conference. The Clerk of Court is respectfully requested to terminate the pending Motion. (See Dkt. No. 26). SO ORDERED., ( Status Conference set for 10/26/2017 at 02:30 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/27/2017) (ama)
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