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07-3624 - Coggins v. County of Nassau et al


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07-3624 - Coggins v. County of Nassau et al
June 20, 2008
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MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order, the Court determines, pursuant to Rule 56(f) of the Federal Rules of Civil Procedure, that defendant Buonora's motion for summary judgment is premature at this juncture. The Court thus denies this motion without prejudice to Buonora's renewing it after the completion of discovery. Further, the Court grants in part and denies in part Buonora's motion to dismiss the complaint pursuant to Rule 12(b)(6). Specifically, the Court dismisses without prejudice Coggins's claims for abuse of process and malicious prosecution under New York State law on the grounds that he has failed to plead special damages with specificity. The Court, however, grants plaintiff leave to replead these causes of action and affords plaintiff sixty days from the date of this Memorandum and Order to submit an amended complaint. Failure to do so will result in dismissal of these causes of action with prejudice. Buonora's motion to dismiss the complaint is denied on all other grounds. The parties shall begin discovery under the direction of Magistrate Judge Tomlinson. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/20/08. (Altfest, Rachel)
January 5, 2009
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ORDER denying 40 Motion for Declaratory Judgment: For the reasons set forth in the attached Memorandum and Order, defendant Buonora's motion is denied. SO ORDERED. Ordered by Judge Joseph F. Bianco on January 5, 2009. (Joo, Anna)
December 2, 2013
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ORDER granting in part and denying in part 143 Motion to Dismiss. For the reasons stated herein, the Court grants in part and denies in part Cogginss motion to amend. The Court grants in part and denies in part Buonora's motion to dismiss. Specifically, the Court dismisses Coggins's 42 U.S.C. ยง 1986 and New York State false arrest and imprisonment claims as time-barred. The dismissal is with prejudice. The Court also grants the motion to dismiss the federal claims on absolute immunity grounds to the extent those claims rely upon, in any way, any alleged perjury in the grand jury (or conspiracy to commit such perjury). However, the motion to dismiss the remainder of those federal claims (and related state claims) on absolute immunity grounds is denied, and the remainder of the motion to dismiss is denied. The Court finds the motion for summary judgment premature and denies it without prejudice to its renewal after discovery concludes. Finally, the Court denies Coggins's request for sanctions against Buonora. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/2/2013. (Chipev, George)
February 6, 2014
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ORDER denying 160 Motion for Protective Order; denying 164 Motion to Strike. For the reasons set forth herein, the Court denies Buonora's requests for gag and protective orders, denies Coggins's request for fees, and denies Coggins's motion to strike. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/6/2014. (Chipev, George)
May 26, 2017
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ORDER granting in part and denying in part 232 Motion for Summary Judgment; denying 241 Motion to Amend/Correct/Supplement For the reasons set forth herein, the Court denies plaintiff's motion to amend and grants in part and denies in part defendants' motion for summary judgment. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/26/2017. (Hammond, Daniel)