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14-817 - Johnson et al v. City of Troy et al


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14-817 - Johnson et al v. City of Troy et al
September 20, 2016
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DECISION AND ORDER granting #34 Defendant Bertos' Motion for Partial Summary Judgment, and claims asserted by Plaintiff Braman against him are dismissed; granting #41 Defendant Bertos' Second Motion for Partial Summary Judgment, and the claims asserted by Plaintiffs A.J.J. and A.J. against him are dismissed; and granting in part and denying in part #43 Defendants' Motion for Summary Judgment as set forth in Part III.C of this Decision and Order. SURVIVING Defendants' motions are the following claims: (1) all of Plaintiff Johnson's claims against Defendant Bertos; (2) Plaintiff Johnson's 4th Amendment excessive force claim against Defendants Laviano, Clements and Ashe; and (3) Plaintiff Braman's 4th Amendment excessive force claim against Defendant Ashe.Counsel are directed to appeal on 10/26/16 at 11:00 am in Syracuse, NY for a pretrial conference at which counsel are directed to appear with settlement authority, and in the event that the case does not settle, trial will be scheduled at that time. Plaintiffs are further directed to forward a written settlement demand to defendants no later than 10/5/16, and the parties are directed to engage in meaningful settlement negotiations prior to the conference. Signed by Chief Judge Glenn T. Suddaby on 9/20/16. (lmw)