Suren et al v. City of New York et al
| New York Eastern District Court | |
| Judge: | Kiyo A Matsumoto |
| Referred: | Ramon E Reyes, Jr |
| Case #: | 1:19-cv-02659 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 06, 2019 |
| Terminated: | Sep 27, 2022 |
| Last checked: Saturday Nov 02, 2019 4:31 AM EDT |
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Defendant
City of New York
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Represented By
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Defendant
Jane Doe
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Defendant
John Doe
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Defendant
Detective Allan Ward
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Plaintiff
Lucia Santiago
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Represented By
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Plaintiff
Nelson Santiago
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Represented By
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Plaintiff
Edgar Joel Suren
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Represented By
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Plaintiff
Ismael Joel Suren
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Represented By
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GPO
Aug 08 2022
REPORT AND RECOMMENDATIONS re 46 MOTION for Summary Judgment. For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that Defendants' motion for summary judgment be granted in part and denied in part. Any objections to the recommendations made in this Report must be filed with the Clerk of the Court and the Honorable Kiyo A. Matsumoto by 8/22/2022. Failure to file timely objections waives the right to appeal the District Courts Order. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/8/2022. (Mendelson, Alexander) |
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GPO
Sep 26 2022
ORDER ADOPTING IN PART AND MODIFYING IN PART 52 THE REPORT AND RECOMMENDATIONS for 46 the Motion for Summary Judgment filed by Defendants. For the reasons set forth in the attached Memorandum and Order, the R&R is adopted in part and modified in part. The Court adopts Magistrate Judge Reyes's thorough and well-reasoned recommendation that summary judgment be GRANTED on the false arrest and imprisonment claims of Plaintiffs Nelson Santiago, Lucia Santiago, and Edgar Joel Suren and that the following claims be DISMISSED: fabrication of evidence and fair trial claims, property damage and denial of due process claims, municipal liability claims, assault and battery claims, and intentional and negligent infliction of emotional distress claims. The Court also further dismisses all claims against the John and Jane Doe Officer Defendants. The Court most respectfully modifies Magistrate Judge Reyes's R&R to GRANT summary judgment with respect to (1) Plaintiff Ismael Joel Suren's false arrest and imprisonment claim; (2) Plaintiff Ismael Joel Suren's malicious prosecution claim; and (3) all Plaintiffs' unreasonable search and seizure claim for undue destruction of property. Accordingly, summary judgment is GRANTED as to the entirety of Plaintiffs' claims against Defendants and all claims are hereby dismissed. The Clerk of Court is respectfully ordered to enter judgment and close the case. Defendants are ordered to serve each Plaintiff with a copy of this Memorandum and Order and the Judgment. Ordered by Judge Kiyo A. Matsumoto on 9/26/2022. (Wong, Leah) |
| Docket last updated: 8 hours ago |
| Thursday, October 27, 2022 | ||
| 59 | 59
misc
Bill of Costs
Thu 10/27 2:03 PM
BILL OF COSTS by City of New York, Brian Gribbin, Nicholas Kowatch, Benjamin Lee, Daniel Mizvesky, Paul Ortiz, Krista Owens, Samuel Perez, John Slavinsky, Alejandro Villanona, Allan Ward, Peter Wong (Shapovalova, Inna) |
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Att: 1
Declaration in Support,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B (Bill of Costs),
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F
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