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13-503 - Gibson v. Rosati


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13-503 - Gibson v. Rosati
June 30, 2014
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that Defendants' motion to dismiss for failure to state a claim (Dkt.No. 47) be DENIED. RECOMMENDED that Defendants' motion to sever (Dkt. No. 47) be DENIED. RECOMMENDED that Defendants be directed to answer all causes of action within thirty days of any order adopting this Report-Recommendation. RECOMMENDED that this matter be scheduled for an evidentiary hearing on the matter of exhaustion for all causes of action. ORDERED that the Clerk provide Plaintiff with a copy of Ford v. Smith, No. 9:12-CV-1109 (TJM/TWD), 2014 U.S. Dist. LEXIS 20581, 2014 WL 652933 (N.D.N.Y Jan. 16, 2014). Objections to R&R due by 7/17/2014 Case Review Deadline 7/21/2014. Signed by Magistrate Judge Therese Wiley Dancks on 6/28/14. (Attachments: # (1) Ford v. Smith et al){r&r served via regular mail on plaintiff}(nas )
August 1, 2014
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ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Therese Wiley Dancks filed June 30, 2014 (Dkt. No. 70) is ACCEPTED in its entirety for the reasons stated therein. ORDERED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 47) is DENIED. ORDERED that the Defendants' motion to sever (Dkt. No. 47) is DENIED. ORDERED that the Defendants shall respond to all causes of action within thirty days of this order. ORDERED that this matter be scheduled for an evidentiary hearing on the matter of exhaustion for all causes of action. Signed by Chief Judge Gary L. Sharpe on 8/1/14. {order served via regular mail on plaintiff}(nas)
May 19, 2016
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that Defendants' motion for partial summary judgment (Dkt. No. 139) be GRANTED. RECOMMENDED that the Court dismiss all claims against Defendant Brown and terminate her from this action. Objections to R&R due by 6/6/2016 Case Review Deadline 6/9/2016. Signed by Magistrate Judge Therese Wiley Dancks on 5/19/16. {r&r served via regular mail on plaintiff}(nas)
September 27, 2016
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SUMMARY ORDER: ORDERED that Magistrate Judge Thrse Wiley Dancks' Report-Recommendation and Order (Dkt. No. 165) is ADOPTED in its entirety. ORDERED that defendants' motion for partial summary judgment (Dkt. No. 139) is GRANTED, all claims asserted against Brown are DISMISSED and the Clerk shall terminate her from this action. ORDERED that the November 3, 2015 order (Dkt. No. 128) is hereby VACATED to the extent that it precluded defendants from using the February 20, 2013 recording at any trial of this matter. ORDERED that Gibsons "motion for spoliation" (Dkt. No. 123) is DENIED insofar as it sought a sanction related to the February 20, 2013 recording.Signed by Senior Judge Gary L. Sharpe on 9/27/16. {order served via regular mail on plaintiff}(nas, )
March 10, 2017
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ORDER AND REPORT-RECOMMENDATION: RECOMMENDED that Plaintiff's motion for partial summary judgment (Dkt. No. 153) be DENIED. RECOMMENDED that Defendants' cross-motion for partial summary judgment (Dkt. No. 163) be GRANTED. Objections to R&R due by 3/27/2017 Case Review Deadline 3/31/2017. Signed by Magistrate Judge Therese Wiley Dancks on 3/10/17. {r&r served via regular mail on plaintiff}(nas, ) (Additional attachment(s) added on 3/10/2017: # (1) case law cited) (nas, ).
April 27, 2017
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ORDER: ORDERED that the Report-Recommendation (Dkt. No. 192) is ADOPTED in its entirety. ORDERED that Plaintiff's motion for partial summary judgment (Dkt. No. 153) is DENIED. ORDERED that Defendants' cross-motion for partial summary judgment (Dkt. No. 163) is GRANTED. ORDERED that this matter is deemed trial ready and a scheduling order will be issued in due course. Signed by Senior Judge Gary L. Sharpe on 4/27/17. {order served via regular mail on plaintiff}(nas)