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11-1485 - Neroni v. Grannis


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11-1485 - Neroni v. Grannis
March 21, 2013
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MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 7) to dismiss is GRANTED in its entirety; and it is further ORDERED, that Plaintiffs Amended Complaint (Dkt. No. 4) is DISMISSED in its entirety; and it is further ORDERED, that Plaintiffs Cross-Motion (Dkt. No. 14) to supplement their Amended Complaint (Dkt. No. 4) is DENIED in its entirety; and it is further ORDERED, that if Plaintiffs wish to amend further their Amended Complaint (Dkt. No. 4) and proceed with this action, they must do so within thirty (30) days from the date of filing of this Memorandum-Decision and Order. Consistent with this Memorandum-Decision and Order, Plaintiffs may amend their Amended Complaint (Dkt. No. 4) only to re-plead their retaliation claim against Defendant Grannis under 42 U.S.C. ยง 1983. All other claims are DISMISSED with prejudice consistent with this Memorandum-Decision and Order. If Plaintiffs do not so amend their Amended Complaint (Dkt. No. 4) in a timely fashion, however, this matter will be dismissed and judgment will be entered in favor of Defendants without further order of the Court. Signed by Senior Judge Lawrence E. Kahn on March 21, 2013. (sas)
November 6, 2014
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MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 33) to dismiss for failure to state a claim is GRANTED in part and DENIED in part. Plaintiff Frederick Neronis retaliation claim against Defendant Alexander Grannis is DISMISSED for failure to state a claim. Plaintiff Tatiana Neronis retaliation claim against Defendant Grannis in his official capacity is DISMISSED due to Defendants immunity under the Eleventh Amendment. However, Plaintiff Tatiana Neronis retaliation claim against Defendant Grannis in his individual capacity may proceed; and it is further ORDERED, that Plaintiffs Cross-Motion (Dkt. No. 35) to stay this action is DENIED. Signed by Senior Judge Lawrence E. Kahn on November 06, 2014. (sas)
December 3, 2015
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ORDER re 67 Motion to Compel discovery. Defendant's requests are GRANTED and DENIED in part. Plaintiff is ORDERED to appear at a mutually agreed upon location within the NDNY, and at a mutually agreed upon date and time duirng the week of 1/11/2016 for a deposition; the remaining deadlines in this action, including for the completion of discovery and the filing of dispositive motions, are STAYED; no costs or attorney's fees are awarded to either party in connection with defendant's motion. Signed by Magistrate Judge David E. Peebles on 12/3/2015. (lah, )
August 17, 2016
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DECISION AND ORDERED, that Plaintiffs Motion to Recuse (Dkt. No. 68) is DENIED; and it is further ORDERED, that Defendants Motion to Dismiss and Discovery Sanctions (Dkt. No. 75) is GRANTED; and it is furtherORDERED, that sanctions in the amount of $150.00 be awarded against Plaintiff; and it is further ORDERED, that the Second Amended Complaint (Dkt. No. 21) is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on August 17, 2016.***Pro se plaintiff receiving service via e-mail. (sas)