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13-918 - Donohue et al v. Madison et al


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13-918 - Donohue et al v. Madison et al
October 16, 2015
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ORDER: Approving the # 79 Stipulation of Dismissal as to Donald R. Bell. Signed by Senior Judge Frederick J. Scullin, Jr. on 10/16/2015. (nmk)
April 14, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendants' # 114 motion for summary judgment is DENIED as to Plaintiffs' First Amendment targeting claim and GRANTED as to Plaintiffs' First Amendment retaliation claim. The Court further ORDERS that, based on Plaintiffs' statement that they have decided not to pursue their Due Process, Contract Clause and state-law claims, these claims are DISMISSED. The Court further ORDERS that Plaintiffs' # 120 motion for partial summary judgment is DENIED. The Court further ORDERS that Defendant Madison's # 114 and Defendant Milstein's # 116 motions for summary judgment based on qualified immunity are GRANTED. Plaintiffs' claims against Defendants Madison and Milstein are DISMISSED insofar as Plaintiffs assert those claims against them in their individual capacities. The Court further ORDERS that Plaintiffs' # 97 joint motion for class certification is referred to Magistrate Judge Hummel for proposed findings of fact and recommendations for the disposition of said motion. Signed by Senior Judge Frederick J. Scullin, Jr. on 4/14/2017. (nmk)
July 27, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendants' # 144 motion for reconsideration is DENIED. The Court further ORDERS that Defendants' motion to certify the Court's April 14, 2017 Memorandum-Decision and Order for an interlocutory appeal to the Second Circuit Court of Appeals is GRANTED. The Court further ORDERS that Magistrate Judge Hummel shall continue to consider Plaintiffs' motion for class certification during the pendency of Defendants' application to the Second Circuit for an interlocutory appeal or until such time as the Second Circuit orders a stay of the proceedings herein. Signed by Senior Judge Frederick J. Scullin, Jr. on 7/27/2017. (nmk)