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14-916 - Johnson v. Gagnon et al


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14-916 - Johnson v. Gagnon et al
February 26, 2015
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ng a final disposition of the two motions now before the court, and the court's issuance of the standard Rule 16 scheduling order, discovery in the action is hereby STAYED. Objections to R&R due by 3/16/2015 Case Review Deadline 3/19/2015. Signed by Magistrate Judge David E. Peebles on 2/26/15. {r&r served via regular mail on plaintiff}(nas) Modified on 3/23/2015 to include ordered language. (sal, ).REPORT, RECOMMENDATION AND ORDER: RECOMMENDED that plaintiff's motion to remand this action to state court (Dkt. No. 7) be DENIED. RECOMMENDED that defendants' motion to dismiss the claims asserted against certain defendants in the action be GRANTED (Dkt. No. 2), and that all of plaintiff's claims against defendants Rock, Bishop, Uhler, Laramay, Bellnier, Haponik, Annucci, Boll, Koenigsmann, McKoy, Clark, and Grant be DISMISSED with leave to replead. ORDERED that, pendi
March 19, 2015
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MEMORANDUM-DECISION AND ORDER: ORDERS that Magistrate Judge Peebles' February 26, 2015 Report and Recommendation (Dkt. No. 12) is ADOPTED in its entirety for the reasons set forth therein. ORDERS that Plaintiff's motion to remand this action to state court (Dkt. No. 7) is DENIED. ORDERS that Defendants' motion for partial dismissal of Plaintiff's complaint (Dkt. No. 2) is GRANTED. ORDERS that Plaintiff's claims against Defendants Rock, Bishop, Uhler, Laramay, Bellnier, Haponik, Annucci, Boll, Koenigsmann, McKoy, Clark, and Grant are DISMISSED with leave to replead. Signed by U.S. District Judge Mae A. D'Agostino on 3/19/15. {order served via regular mail on plaintiff}(nas)
August 29, 2016
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REPORT AND RECOMMENDATION: RECOMMENDED that defendants' motion for summary judgment, Dkt. No. 34, be GRANTED in part and DENIED in part as follows: (1) Plaintiff's deliberate medical indifference claim asserted against defendants Dumas, Gagnon, Beane, Seymour, and Jarvis should be dismissed; (2) Plaintiff's retaliation claim asserted against defendants Dumas and Gagnon should be dismissed; (3) Plaintiff's excessive force and assault and battery claims asserted against defendants Dumas, Liebfred, Gagnon, and Tatro should survive for trial; and (4) Plaintiff's unlawful cell search claim asserted against defendants Seymour and Jarvis should be dismissed. RECOMMENDED that plaintiff's (1) conspiracy to use excessive force and commit assault and battery claims asserted against defendants Dumas, Liebfred, Gagnon, and Tatro; and (2) access to court claim asserted against defendants Seymour and Jarvis survive defendants' instant motion but that they be provided an opportunity to submit a second motion for summary judgment with respect to those claims. Objections to R&R due by 9/15/2016 Case Review Deadline 9/19/2016. Signed by Magistrate Judge David E. Peebles on 8/29/16. {r&r served via regular mail on plaintiff}(nas)
September 28, 2016
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MEMORANDUM-DECISION AND ORDER granting in part and denying in part 34 Motion for Summary Judgment; adopting Report and Recommendations re 38 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Peebles' August 29, 2016 Report and Recommendation (Dkt. No. 38) is ADOPTED in part and REJECTED in part for the reasons set for herein; and the Court further ORDERS that Defendants' motion for summary judgment is GRANTED in part and DENIED in part, as set forth herein, and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decisionand Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/28/2016. (ban)