Scull v. Hennegan et al
| John T. Scull |
| Patrick K. Hennegan, Thomas G. Ewing, Brian Del Porto, Roger Trevino and John P. Bartolomei |
| 1:2015cv00309 |
| April 10, 2015 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Niagara |
| Richard J. Arcara |
| All Other Real Property |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
178
DECISION AND ORDER: The Report and Recommendation 154 is ADOPTED IN PART and REJECTED IN PART. The City defendants' motion for summary judgment 127 is GRANTED. Bartolomei's motion for summary judgment 129 is GRANTED IN PART and DENIED IN PART, in that the motion is granted except as to Bartolomei's counterclaims. The NFR defendants' motion for summary judgment 130 is GRANTED. Scull's motion for leave to supplement the amended complaint 142 is DENIED. The Clerk of Court is directed to terminate Patrick K. Hennegan, Thomas G. Ewing, Brian Dalporto, Roger Trevino, Niagara Falls Redevelopment LLC, 11th Street Properties LLC, Clarksville Land Company LLC, Howard Millstein, and the City of Niagara Falls New York from this action.Scull's motions for miscellaneous relief (ECF Nos. 133, 171, 173, 174, 175) lack merit or do not warrant relief. Accordingly, they are DENIED.In accordance with Federal Rule of Civil Procedure 56(f)(3), the Cour t orders Bartolomei to demonstrate why his counterclaims should not be dismissed on summary judgment. Bartolomei must submit his memorandum of law and supporting documentation and evidence by March 2, 2020. Scull may file a response by Marc h 16, 2020, and Bartolomei may file a reply by March 23, 2020.Alternatively, to the extent Bartolomei no longer wishes to pursue his counterclaims, he may file a letter withdrawing his counterclaims by March 2, 2020, in which case n o further briefing will be required, judgment will be entered, and the case will be closed. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/11/2020. A copy of the NEF and order were mailed to Plaintiff. (MFM)-CLERK TO FOLLOW UP-
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Filing
152
DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 119 . Pro se Plaintiff's 102 motion for partial summary judgment is denied. This matter is recommitted to Magistrate Judge McCarthy for further proceedings. A copy of the Decision and Order has been mailed to John T. Scull, 422 10th Street, Niagara Falls, NY 14303. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/1/2018. (LAS)
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Filing
104
DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 101 . Defendant Anthony Bergamo is dismissed from this action, and the Clerk of Court shall take all steps necessary to terminate him as a defendant. This matter is recommitted to Magistrate Judge McCarthy for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 3/21/2018. (LAS)-CLERK TO FOLLOW UP-
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Filing
101
REPORT AND RECOMMENDATION re defendant Anthony Bergamo. Signed by Hon. Jeremiah J. McCarthy on 1/24/18. (Court has mailed a copy of this R&R to plaintiff). (DAZ)
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Filing
65
DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 64 . Pro se defendant John Bartolomei's motion for summary judgment 51 is granted in part, dismissing plaintiff's state law conspi racy claim against the defendant, but is otherwise denied, without prejudice. The case remains referred to Magistrate Judge McCarthy. A copy of this Decision and Order has been mailed to John T. Scull, 422 10th Street, Niagara Falls, NY 14303. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/31/17. (LAS)
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Filing
29
DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 20 . Defendant Bartolomei's motion to dismiss the Complaint 4 is granted without prejudice as to plaintiff's Fifth and Sixth Amendment claims against the defendant, but is otherwise denied. The matter is recommitted to Magistrate Judge McCarthy for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 6/16/16. (LAS)
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