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15-240 - Perez v. General Motors LLC et al


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15-240 - Perez v. General Motors LLC et al
March 6, 2015
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REPORT AND RECOMMENDATIONS & ORDER: It is Ordered that the # 2 MOTION for Leave to Proceed in forma pauperis filed by Gladys Perez is GRANTED. Regarding the # 1 Complaint it is Recommended that 1) all claims against defendant Wallace in his official capacity be DISMISSED with prejudice and without leave to amend, 2) all claims against defendant Albany Housing Authority be DISMISSED with prejudice and without leave to amend, 3) plaintiff's Fourth Amendment and New York State Law assault, battery and false arrest claims against the City of Albany be DISMISSED without prejudice, and with leave to amend; and should this Report-Recommendation be adopted, plaintiff be given 30 days from the District Judge's Order to file an Amended Complaint, 4) all remaining claims against the City of Albany be DISMISSED with prejudice and without leave to amend. ORDERED, that if the above recommendations are adopted by the District Judge, (1) the Clerk shall be directed to issue Summonses for those remaining defendants and forward them, along with copies of the Complaint and General Order 25, to the United States Marshal for service upon the remaining defendants; and (2) the remaining defendants or their counsel shall be directed to provide a formalresponse to the Complaint, in accordance with the Federal Rules of Civil Procedure, as it relates to the claims against them. Plaintiff is directed to file a certificate of service with all filings. (Objections to R&R due by 3/23/2015, Case Review Deadline 3/27/2015). Signed by Magistrate Judge Christian F. Hummel on 3/6/2015. (Attachments: # (1) Exhibit 1 - Amadasu caselaw, # (2) Exhibit 2 - Treppel caselaw, # (3) Exhibit 3 - Sat International caselaw, # (4) Exhibit 4 - Levesque caselaw, # (5) Exhibit 5 - Geer caselaw) {Copy sent to the pro se plaintiff by regular mail including all exhibits of caselaw referenced in the R&R and Order} (jmb)
April 21, 2015
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ered that Plaintiff's claims of unreasonable search and seizure, false arrest and excessive force under the Fourth Amendment against Defendant City of Albany, and 2) her claims of false arrest and assault and battery under New York State law against Defendant City of Albany, shall be DISMISSED with prejudice and without further Order of this Court UNLESS, within THIRTY (30) DAYS of the date of this Decision & Order, Plaintiff submits an Amended Complaint correcting the pleading defects in those claims as identified in Magistrate Judge Hummels Report-Recommendation. It is Ordered that any Amended Complaint that Plaintiff chooses to file shall be a complete pleading, which with supersede her original Complaint in all respects, and may not incorporate any portion of her original Complaint by reference, in accordance with Local Rule 7.1(a)(4) of the Districts Local Rules of Practice. It is Ordered that Plaintiffs remaining claims i.e., her claims against Defendant Jack Wallace in his DECISION & ORDER adopting the # 4 Report and Recommendations, it is Ordered that the following claims are DISMISSED with prejudice and without leave to amend, 1) all claims against defendant Wallace in his official capacity, 2) all claims against defendant Albany Housing Authority, 3) all claims against Defendant City of Albany EXCEPT (1) Plaintiffs claims of unreasonable search and seizure, false arrest and excessive force under the Fourth Amendment against Defendant City of Albany. It is Ordindividual capacity and her claims against General Motors LLC, General Motors Holding, LLC, Delphi Automotive, PLC, DPH-DAS, LLC f/k/a Delphi Automotive Systems, LLC, and Goldstein Chrysler Jeep, Inc. SURVIVE the Courts initial review of her Complaint. The Clerk shall issue summonses, along with copies of theComplaint and General Order 25, to the United States Marshal for service upon the remaining Defendants. {Copy sent to pro se plaintiff by regular mail} Signed by Judge Glenn T. Suddaby on 4/21/2015. (jmb)
April 11, 2016
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REPORT AND RECOMMENDATIONS: It is Recommended that the # 37 Motion to Dismiss for Lack of Prosecution filed by Jack Wallace be GRANTED, and that the # 1 Complaint filed by Gladys Perez be DISMISSED in its entirety with prejudice. Objections to R&R due by 4/28/2016. Case Review Deadline 5/2/2016. Signed by Magistrate Judge Christian F. Hummel on 4/11/2016. {Copy served upon pro se plaintiff by regular mail} (jmb)
May 16, 2016
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DECISION & ORDER: It is Ordered that the # 39 Report and Recommendation of Magistrate Judge Christian F. Hummel is ACCEPTED and ADOPTED in its entirety, further it is Ordered that Defendant's # 37 Motion to Dismiss for Lack of Prosecution is GRANTED, and Plaintiff's # 1 Complaint is DISMISSED in its entirety and the Clerk shall enter Judgment in favor of defendant and close this case. Signed by Chief Judge Glenn T. Suddaby on 5/16/2016. {Copy sent to the pro se plaintiff by regular and certified mail} (jmb)
May 16, 2016
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JUDGMENT in favor of Patrolman Jack Wallace against Gladys Perez. {Copy served upon the pro se plaintiff by regular and certified mail} (jmb)