Parker v. Zugibe et al
| Aaron E. Parker |
| District Attorney Thomas P. Zugibe, Assistant District Attorney Maria T Gaston-Desimone, Officer Phillip Fantasia and Honorable Judge Alan Simon |
| 7:2016cv04265 |
| June 7, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Kenneth M. Karas |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
115
CLERK'S JUDGMENT re: 114 Memorandum & Opinion. in favor of Officer Phillip Fantasia against Aaron E. Parker. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 2, 2 019, Defendant's motion for summary judgment is granted; judgment is entered for Defendant, and this case is closed. (Signed by Clerk of Court Ruby Krajick on 12/4/2019) (Attachments: # 1 Notice of Right to Appeal)(dt) Transmission to Docket Assistant Clerk for processing.
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Filing
114
OPINION AND ORDER: For the foregoing reasons, the Court grants Defendant's Motion for Summary Judgment. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 99), enter judgment for Defendant, close this case, and mail a copy of this Opinion and Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/2/2019) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
47
OPINION & ORDER re: 36 MOTION to Dismiss filed by Honorable Judge Alan Simon, Officer Phillip Fantasia, 30 MOTION to Dismiss filed by District Attorney Thomas P. Zugibe, Assistant District Attorney Maria T Gaston-De simone. For the foregoing reasons, the D.A. Defendants' Motion is granted, and the Motion brought on behalf of Officer Fantasia and Judge Simon is granted in part and denied in part. Plaintiff may, within 30 days from the date of this Opini on, file an amended pleading addressing the deficiencies identified above. Plaintiff is advised that the failure to comply with this deadline will likely result in the dismissal of the claims asserted against the D.A Defendants and Judge Simon w ith prejudice. If Plaintiff chooses to file an amended pleading, he must specify the role that each individual played in the conduct that allegedly violated his rights. Plaintiff must include all of his allegations in the amended pleading and may not rely on later submissions to supplement the factual allegations. If Plaintiff does not file an amended pleading, the case will proceed only on the claim that Officer Fantasia violated Plaintiff's Fourth Amendment rights by forging Judge Simon's signature on a search warrant and searching Plaintiff's residence in reliance on the forged warrant. In the event that Plaintiff does not file an amended pleading, Officer Fantasia shall file an Answer within 60 days from the date of this Opinion. The Clerk of Court is directed to terminate the pending Motions, (Dkt. Nos. 30, 36), and to mail a copy of this Opinion to Plaintiff. (Signed by Judge Kenneth M. Karas on 9/26/2017) (mro)
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