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11-1344 - Konovalchuk v. Cerminaro et al


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11-1344 - Konovalchuk v. Cerminaro et al
October 30, 2013
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REPORT AND RECOMMENDATION: RECOMMENDED that Konovalchuk's motion for summary judgment (Dkt. No. 94) be DENIED. RECOMMENDED that State Defendants' motion for summary judgment (Dkt. No. 97) and County Defendants' cross-motion for summary judgment (Dkt. No. 98) be GRANTED in their entirety. RECOMMENDED that City Defendants' cross-motion for summary judgment (Dkt. No. 100) be GRANTED as to the failure to intervene claims against defendant Scully and the claim of municipal liability against defendant City of Utica and DENIED in all other respects.Signed by Magistrate Judge Christian F. Hummel on 10/30/13. Objections to R&R due by 11/18/2013 Case Review Deadline 11/20/2013. (Attachments: # (1) cited case, # (2) cited case, # (3) cited case, # (4) cited case, # (5) cited case, # (6) cited case, # (7) cited case){r&r served via regular mail on plaintiff}(nas)
January 24, 2014
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ORDER: ORDERS that 107 Report and Recommendations is adopted in its entirety. ORDERS that Plaintiff's motion for summary judgment (Dkt. No. 94) is DENIED. ORDERS that the State Defendants' motion for summary judgment (Dkt. No. 97) is GRANTED. ORDERS that the County Defendants' cross-motion for summary judgment (Dkt. No. 98) is GRANTED. ORDERS that the City Defendants' cross-motion for summary judgment (Dkt. No. 100) is GRANTED as to the failure to intervene claims against Defendant Scully and the municipal liability claim against Defendant City of Utica but DENIED in all other respects. Signed by U.S. District Judge Mae A. D'Agostino on 1/24/14. {order served via regular mail on plaintiff}(nas)