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14-1476 - Gomez et al v. Tedford et al


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14-1476 - Gomez et al v. Tedford et al
March 31, 2016
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DECISION AND ORDER: ORDERED that Defendants' motion to dismiss Plaintiffs' Complaint [dkt. # 35] is GRANTED in part and DENIED in part, as follows:(1) Plaintiffs' Eighth Amendment claims are dismissed with leave to re-plead that portion of the claims seeking monetary recovery. Plaintiffs' claims for injunctive relief are dismissed without leave to re-plead; (2) Plaintiffs' Fourteenth Amendment due process and equal protection claims are dismissed with leave to re-plead; (3) Plaintiffs' First Amendment retaliation claims against all Defendants, except Gomez's claims against Perryman and Woodruff, are dismissed with leave to re-plead; and (4) Plaintiffs' New York state-law claims are dismissed without leave to re-plead. Plaintiffs are granted leave of thirty (30) days to file an amended complaint setting forth certain claims as addressed more particularly in this Order. The failure to file an amended complaint within this time frame will be deemed as an abandonment of any claims for which leave to replead has been granted and will result in judgment being entered against Plaintiffs on these claims without further order by the Court. Signed by Senior Judge Thomas J. McAvoy on 3/31/16. {order served via regular mail on plaintiffs}(nas)
September 20, 2016
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that Plaintiffs' Amended Complaint (Dkt. No. 40) be accepted for filing as to Plaintiff Gomez's First Amendment retaliation claims against Defendants Perryman and Woodruff and that all other claims be DISMISSED. RECOMMENDED, that Plaintiff Gonzalez be DISMISSED as a Plaintiff in this action. RECOMMENDED, that Defendants Tedford, Cotter, and Payton be DISMISSED as Defendants in this action. RECOMMENDED, that the stay of Defendants' deadline to answer the Amended Complaint be lifted. ORDERED, that Plaintiffs' Letter Motion (Dkt. No. 41) is GRANTED and the Clerk of Court shall attach the Exhibits to the original Complaint (Dkt. No. 1) to the Amended Complaint.( Objections to R&R due by 10/7/2016, Case Review Deadline 10/11/2016). Signed by Magistrate Judge Daniel J. Stewart on 9/20/16. {r&r served via regular mail on plaintiffs}(nas, )
October 17, 2016
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DECISION AND ORDER: ORDERED that 45 Report and Recommendation is adopted. The Plaintiffs' Amended Complaint is accepted for filing as to Plaintiff Gomez's First Amendment retaliation claims against Defendants Perryman and Woodruff; All other claims are hereby DISMISSED; Plaintiff Gonzalez is hereby DISMISSED from the action; Defendants Tedford, Cotter, and Payton are hereby DISMISSED from the action; and the stay of Defendants' deadline to answer the Amended Complaint is hereby LIFTED. Signed by Senior Judge Thomas J. McAvoy on 10/17/16. {order served via regular mail on plaintiffs}(nas, )
February 16, 2018
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REPORT AND RECOMMENDATION AND ORDER: RECOMMENDED that 69 MOTION for Summary Judgment filed by D. Perryman, Paul Woodruff be GRANTED and this entire action be DISMISSED. Objections to R&R due by 3/5/2018 Case Review Deadline 3/9/2018. Signed by Magistrate Judge Daniel J. Stewart on 2/16/18. {obj to r&r served via regular mail on plaintiff}(nas, )
March 12, 2018
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DECISION and ORDER: ORDERED that the Court ACCEPTS the Report-Recommendation and Order [dkt. # 83] for the reasons stated therein. Defendants' Motion for Summary Judgment [dkt. # 69] is GRANTED and the action is DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 3/12/18. {order served via regular and certified mail on plaintiff}(nas, )