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07-920 - Amherst Exempted Village School District Board of Education v. Calabrese et al


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07-920 - Amherst Exempted Village School District Board of Education v. Calabrese et al
February 20, 2008
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Order re 72 Notice filed by Amherst Exempted Village School District Board of Education. Amherst may not unilaterally dismiss Defendant Calabrese from this action. If Plaintiff Amherst wishes to dismiss Defendant Calabrese from this action, it must either obtain a stipulation from all parties, including Defendant Donald Menefee, or file a motion pursuant to Rule 42(a)(2) seeking an order from this Court that adequately explains why such a dismissal would be proper. Plaintiff Amherst's Notice of Dismissal is construed as a motion and is denied. Signed by Magistrate Judge Nancy A. Vecchiarelli on 02/19/2008. (G,W)
March 27, 2008
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Report and Recommendation that Plaintiff's 78 motion to dismiss with prejudice it claims against Alice Calabrese and Angelo Calabrese be granted. Objections to R&R due within 10 days after being served with a copy of this R&R. Signed by Magistrate Judge Nancy A. Vecchiarelli on 03/27/2008. (G,W)
June 19, 2008
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Report and Recommendation that the court grant 76 Amherst's Motion for Summary Judgment. Objections to R&R due by 7/3/2008. Magistrate Judge Nancy A. Vecchiarelli on 06/19/2008. (G,W)
June 19, 2008
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Report and Recommendation that the court deny in part and grant in part 88 Calabrese's motion for sanctions. Objections to R&R due by 7/3/2008. Magistrate Judge Nancy A. Vecchiarelli on 06/19/2008. (G,W)
June 19, 2008
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Report and Recommendation that the court enter judgment dismissing Amherst's claims against Calabrese with prejudice and taxing Amherst with Calabrese's costs of this action. Should the court accept the recommendations, the only unresolved claims remaining in the case would be the cross-claims of Calabrese against Menefee for negligence, legal malpractice, and subrogation. As these claims involve only issues of state law, the court should dismiss these claims without prejudice to allow the parties to adjudicate the claims in state court. Objections to R&R due by 7/3/2008. Magistrate Judge Nancy A. Vecchiarelli on 06/19/2008. (G,W)
July 21, 2008
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Memorandum Opinion Adopting 91 Report and Recommendation, re 78 Motion to dismiss party, Amherst's claims against Defendant Alice Calabrese are Dismissed with prejudice; 92 Report and Recommendation, re 76 Motion for summary judgment is Granted, Amherest is awarded $2,970.00 for defending against the appeal of the decision of the hearing officer, and $10,000.00 for pursuing the action in this court, Menefee shall be responsible for the costs incurred by Amherst in this action, Rule 54(d)(1)&28:1920, explanation and evidence of costs incurred to be file within 10 days of this order (any response, within 10 days of this Order); 93 Report and Recommendation, 88 Alice Calabrese's Motion for sanctions against Plaintiff is Denied in part and Granted in part (Motion for Sanctions Denied&motion for Costs Granted), explanation and evidence of costs incurred to be filed within 10 days of this Order (responses within 10 days thereafter); 84 Report and Recommendation, re The unresolved claims of Calabrese against Menefee for negligence, legal malpractice and subrogation, are Dismissed without prejudice so the Parties may adjudicate the claims in State Court. Related document(s)84 Report and Recommendation, 91 Report and Recommendation, 92, Report and Recommendation, 93 Report and Recommendation. Signed by Judge Donald C. Nugent on 7/21/08. (C,B)
October 16, 2008
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Memorandum of Opinion. For the reasons given Calabrese's 99 Motion for fees and costs should be granted. A resolution of the amount of the award should be reached before this court files a Report and Recommendation responding to Calabrese's motion. The steps that each party and this court shall take to reach a resolution regarding the amount of fees and costs are set forth in this order. Magistrate Judge Nancy A. Vecchiarelli on 10/16/2008. (G,W)