Aretakis v. Durivage et al

Filing 69

MEMORANDUM-DECISION AND ORDER granting 50 Motion to Dismiss, Robert Wells is dismissed from this action; ORDERED that Robert Durivage's and the Town of North Greenbush's Motion to Dismiss is granted in part and denied in part 52 Motion to Dismiss. All causes of action against Durivage and the Town of North Greenbush are dismissed except the cause of action against the Town of North Greenbush alleging a Monell claim based upon the alleged municipal policy, practice, and custom of se lective treatment of Aretakis in that the Town failed to investigate threats made against the Plaintiff, threatened the Plaintiff and his family, targeted and harassed Plaintiff, and unfairly targeted him on multiple occasions with prosecution. Duriv age is dismissed from this action; ORDERED that Timothy Nugent's Motion to Dismiss and/or Summary Judgment is granted and he is dismissed from this action 53 Motion for Summary Judgment. ORDERED that John Aretakis may serve and file a Second A mended Complaint consistent with this Memorandum-Decision and Order within 10 days of the filing date of this Order; ORDERED that Timothy Nugent is the prevailing attorney as to his dispositive motion and we find that Aretakis's Amended Complain t as to Nugent is frivolous and groundless. Nugent is directed to serve and file an application for reasonable attorney fees and costs pursuant to 42 U.S.C. Section 1988, within 20 days of the filing date of this order.Signed by Magistrate Judge Randolph F. Treece on 2/3/09. (ban)