December 12, 2022 |
Filing
175
DECISION AND ORDER: Sherry W.'s motion for summary judgment (ECF No. 149 ) is DENIED; Harris's motion for summary judgment (ECF No. 151 ) is GRANTED and Plaintiffs' claims against him are dismissed with prejudice; and BPD and the BPD Officers' motion for summary judgment (ECF No. 154 ) is GRANTED and Plaintiffs' claims against them are dismissed without prejudice. The Clerk of the Court is directed to terminate these defendants as parties to this action. By separate order, the Court will schedule a status conference to hear from the parties about the progress of this action. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/12/2022. (MFM)Clerk to Follow up
|
January 24, 2020 |
Filing
108
DECISION AND ORDER adopting 107 Report & Recommendation and denying 103 Plaintiffs' Motion to Amend. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/24/2020. (MFM)
|
December 12, 2019 |
Filing
107
REPORT AND RECOMMENDATIONS RE: 103 MOTION to Amend/Correct Complaint filed by James L. Thomas, Rochelle M. Jones.Objections due per 28 U.S.C. § 636 and Fed. R. Civ. P. 6, 72.Signed by Hon. Hugh B. Scott on 12/12/2019. (GAI)
|
September 11, 2019 |
Filing
102
DECISION AND ORDER AND ORDER TO SHOW CAUSE: For the reasons stated, the Moving Defendants' Motion for Judgment on the Pleadings, ECF No. 92 , is GRANTED IN PART and DENIED IN PART, Plaintiffs' Motion to Amend, ECF No. 100 , is DENIED, and the Clerk of Court is directed to terminate Crisis Services of Erie County, Mandy M., and R.G. as Defendants in this action. The remaining Claims and Defendants are as follows:the Second Claim for a violation of Jones's Fourth Amendment rig hts against Sherry W. and Buffalo Police Officers John Doe 1 and 2;the Third Claim for denial of Jones's liberty without due process against Sherry W. and Buffalo Police Officers John Doe 1 and 2;the Fourth Claim for false arrest and impri sonment of Jones against Sherry W. and Buffalo Police Officers John Doe 1 and 2;the Eighth Claim for defamation against Harris; andthe Eleventh Claim, a derivative spousal claim, against Harris, Sherry W., and Buffalo Police Officers John Doe 1 and 2. Finally, Plaintiffs are ordered to show cause by September 27, 2019 why the Court should not terminate the Buffalo Police Department as a Defendant in this action. Defendant may respond by October 11, 2019. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/11/19. (JO)-CLERK TO FOLLOW UP- Modified on 9/11/2019 to add missing apostrophes. (JO).
|
August 3, 2018 |
Filing
77
DECISION AND ORDER: For the reasons stated, the Motions to Dismiss the Amended Complaint by McCrady, Drs. Romero, Park, and Tan, and ECMC, ECF Nos. 5 , 8 , 26 , 41 are GRANTED, the Claims naming them are DISMISSED as to them, and the Clerk of Co urt is directed to terminate them as Defendants in this case. The Motion to Dismiss the Amended Complaint by Harris, ECF No. 74 , is GRANTED IN PART, and the First, Second, Third, Fourth, Ninth, and Tenth Claims are DISMISSED as to him. The Court will refer the case to a Magistrate Judge for pretrial proceedings by a separate Order.The remaining Claims and Defendants are as follows:The First Claim against CSEC, Sherry W., Mandy M., and R.G.;The Second Claim against CSEC, Sherry W., M andy M., R.G., and Buffalo Police Officers John Doe 1 and 2;The Third Claim against CSEC, Sherry W., Mandy M., R.G., and Buffalo Police Officers John Doe 1 and 2;The Fourth Claim against CSEC, Sherry W., Mandy M., R.G., and Buffalo Police Offic ers John Doe 1 and 2;The Eighth Claim against Harris; andThe Eleventh Claim against Harris, CSEC, Sherry W., Mandy M., R.G., and Buffalo Police Officers John Doe 1 and 2. Finally, Plaintiffs' Motions for various forms of relief, ECF Nos. 60 - 61 , are DENIED.IT IS SO ORDERED.Signed by Hon. Frank P. Geraci, Jr. on 8/3/18. (JO)-CLERK TO FOLLOW UP-
|
September 25, 2017 |
Filing
57
DECISION AND ORDER: Ms. Richmond's Motion to Withdraw as Attorney for Plaintiffs 53 is GRANTED, and Plaintiffs' renewed Motion to Appoint Counsel 56 is DENIED. Ms. Jones remains responsible for litigating this case on her own behalf, a nd as attorney for Mr. Thomas. Regarding the pending motions to dismiss, Plaintiffs response is due by November 20, 2017, and Defendants may file any reply by December 8, 2017. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/25/17. A copy of the Decision and Order and NEF have been mailed to Ms. Jones, Mr. Harris and Ms. McCready. (SCE)-CLERK TO FOLLOW UP- Modified on 9/25/2017 to indicate the Order has also been mailed to Mr. Harris and Ms. McCready.(SCE).
|