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14-6459 - Watson v. Estrada et al


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14-6459 - Watson v. Estrada et al
September 29, 2015
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MEMORANDUM & ORDER. For reasons stated orally on the record at the August 20, 2015 hearing, the complaint's first and second causes of action, and the individual and John Doe defendants, are dismissed. See Scheduling Order, Sept. 9, 2015 (ECF No. 59). The government's motion to dismiss the remaining claims as time barred is denied. Applying the holding of Heck, the statute of limitations for the complaint's FTCA claims accrued on November 26, 2013, the day plaintiff received his Certificate of Citizenship. Alternatively, plaintiff is entitled to equitable tolling until July 31, 2014, when he learned he had a right to sue the United States. The complaint's fourth cause of action for malicious prosecution is dismissed pursuant to 28 U.S.C. ยง 2680(h). The government's 17 motion to dismiss and for summary judgment is otherwise denied. A bench trial shall proceed. Ordered by Judge Jack B. Weinstein on 9/29/2015. (Barrett, C)
October 2, 2015
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MEMORANDUM & ORDER issued tentatively for the purpose of enabling the second phase, damages, of this bifurcated trial to go forward. Tentatively, the government is liable to plaintiff for falsely arresting and imprisoning him from May 8, 2008 until November 2, 2011, resulting in damages to him. The government is tentatively liable to plaintiff for negligence during this same period of time in refusing to recognize plaintiff as a citizen of the United States, resulting in damages to him. A final supporting memorandum, order and judgment will be issued after argument. The parties shall submit proposed findings of fact and law and supporting briefs by November 6, 2015. The parties shall submit opposition briefs by November 13, 2015. Discovery on damages shall be completed by December 2, 2015. Any dispute relating to discovery is respectfully referred to the magistrate judge. A trial on damages will take place commencing January 13, 2016 at 10:00 a.m. in Courtroom 10-B South. The parties shall furnish lists of witnesses and exhibits and proposed findings of fact and law on that date. Any motion to reconsider the court's ruling on the government's motion for summary judgment shall be made returnable on that date. (Trial on damages set for 1/13/2016 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 10/2/2015. (Barrett, C)
November 16, 2015
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MEMORANDUM & ORDER. Following completion of a bench trial on liability pursuant to the Federal Tort Claims Act, a trial on damages will take place commencing on January 13, 2016 at 10:00 a.m. in Courtroom 10-B South. The parties shall furnish lists of witnesses with summaries of their proposed testimony, pre-marked exhibits, and proposed findings of fact and law on damages before the trial starts. Based on the liability phase of the trial, proposed findings of fact and memoranda of law submitted by the parties, plaintiff is entitled to damages for 27 days of false imprisonment. The trial will be limited to damages for 27 days of false imprisonment. (Trial on Damages set for 1/13/2016 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 11/12/2015. (Barrett, C)
November 17, 2015
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MEMORANDUM & ORDER denying the government's 100 Motion for Reconsideration re 75 Memorandum & Order ("Order"). There is no basis at this time for reconsideration of the Order. No oral argument is required. Ordered by Judge Jack B. Weinstein on 11/17/2015. (Barrett, C)
February 25, 2016
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MEMORANDUM, ORDER & JUDGMENT. Based on the evidence, plaintiff has met his burden of proof with respect to his false arrest and imprisonment claim. A judgment in favor of the plaintiff shall be entered on those claims for the total amount of $82,500. It includes $2,000 per day for 27 days for loss of liberty, $500 per day for 27 days for emotional injury, and $15,000 for false arrest. Judgment shall be entered by the Clerk of the court in the amount of $82,500. Costs and disbursements are awarded to the plaintiff. Ordered by Judge Jack B. Weinstein on 2/25/2016. (Barrett, C)