Ayers v. Esgrow et al
Plaintiff: Howard Ayers
Defendant: J. Esgrow, L. Friot, D. Venettozzi and A. Prack
Case Number: 1:2012cv00656
Filed: July 12, 2012
Court: US District Court for the Western District of New York
Office: Buffalo Office
County: Erie
Presiding Judge: Richard J. Arcara
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
July 10, 2020 Opinion or Order Filing 137 ORDERED that Friot's motion for summary judgment, Docket Item 125 , is GRANTED; the complaint, Docket Items 1 and 34 , is dismissed; and the Clerk of the Court shall close the file. Signed by Hon. Lawrence J. Vilardo on 07/10/2020. (CEH)-CLERK TO FOLLOW UP-
March 2, 2017 Opinion or Order Filing 82 DECISION AND ORDER ADOPTING, in part, Judge Foschio's 72 Report and Recommendation. The Court denies plaintiff's 38 motion for partial summary judgment on his first claim; grants defendants' 47 cross-motion for summary judgment on that claim, and dismisses with prejudice plaintiff's amended third claim; denies plaintiff's 59 Rule 56(d) motion for further discovery. The Court finds that plaintiff's amended second claim survives § 1915A screening, and refers this case to Judge Foschio for further handling of that claim. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/1/2017. (Chambers mailed a copy of Decision and Order mailed to pro se plaintiff). (CMD)
March 30, 2016 Opinion or Order Filing 72 REPORT AND RECOMMENDATIONS re 38 MOTION for Partial Summary Judgment filed by Howard Ayers; 57 Cross MOTION for Summary Judgment filed by A. Prack, D. Venettozzi, L. Friot, J. Esgrow, 59 MOTION for Summary Judgment filed by Howard Ayers. Objections due fourteen days from receipt. DECISION AND ORDER re 47 MOTION for Reconsideration filed by Howard Ayers. Signed by Hon. Leslie G. Foschio on 3/30/2016. (SDW)(Copy of Report and Recommendation/Decision and Order mailed to Pro Se Plaintiff) (Main Document 72 replaced on 3/30/2016 to correct typographical error) (SDW). Modified on 3/30/2016 (SDW).
December 18, 2014 Opinion or Order Filing 32 ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation as filed on September 24, 2014. Defendants' motion to dismiss the Second and Third Claims for Relief is granted. Plaintiff shall file an amended Complaint pursuant to the parameters set forth in the Report and Recommendation on or before February 25, 2015. The matter is referred back to Magistrate Judge Foschio for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/16/14. (LAS)
January 23, 2013 Opinion or Order Filing 8 ORDER denying without prejudice at this time, 4 Motion to Appoint Counsel. Signed by Hon. Charles J. Siragusa on 1/18/13. (DZ)
August 22, 2012 Opinion or Order Filing 2 ORDER directing the Clerk of Court to issue summonses for service of the complaint by plaintiff on each defendant. The Clerk is also directed to send plaintiff the form Notice Regarding Service of the Summons and Complaint and an application to request service by the U.S. Marshal. Defendants are directed to answer the complaint. Signed by Hon. David G. Larimer on 8/20/12. (DZ)
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Plaintiff: Howard Ayers
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Defendant: J. Esgrow
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Defendant: L. Friot
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Defendant: D. Venettozzi
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Defendant: A. Prack
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