Carr v. City of Norwich et al

Filing 61

ORDER - That the Order, Report, and Recommendation (Dkt. No. 58) is ADOPTED in its entirety. That defendants motion for summary judgment (Dkt. No. 46) is GRANTED IN PART and DENIED IN PART as follows: GRANTED with respect to plaintiff's remain ing claim against defendant City of Norwich; and DENIED in all other respects. That plaintiff's remaining claim against the City of Norwich is DISMISSED. That the clerk terminate the City of Norwich as a party to this action. That this case is deemed trial ready and a trial order will be issued in due course. Signed by Senior Judge Gary L. Sharpe on 3/25/2019. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
KEVIN JOSEPH CARR,
Plaintiff,

3:17-cv-954
(GLS/DEP)

v.
CITY OF NORWICH et al.,
Defendants.
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
Office of Ronald R. Benjamin
P.O. Box 607
126 Riverside Drive
Binghamton, NY 13902-0607

RONALD R. BENJAMIN, ESQ.

FOR DEFENDANTS:
Johnson & Laws, LLC
648 Plank Road, Suite 204
Clifton Park, NY 12020

GREGG T. JOHNSON, ESQ.
APRIL J. LAWS, ESQ.
COREY A. RUGGIERO, ESQ.
LORAINE CLARE JELINKE, ESQ.

Gary L. Sharpe
Senior District Judge

ORDER
The above-captioned matter comes to this court following a Order,
Report, and Recommendation by Magistrate Judge David E. Peebles duly
filed on March 1, 2019. (Dkt. No. 58.) Following fourteen days from the

service thereof, the Clerk has sent the file, including any and all objections
filed by the parties herein.
No objections having been filed, and the court having reviewed the
Report and Recommendation for clear error, it is hereby
ORDERED that the Order, Report, and Recommendation (Dkt. No.
58) is ADOPTED in its entirety; and it is further
ORDERED that defendants’ motion for summary judgment (Dkt. No.
46) is GRANTED IN PART and DENIED IN PART as follows:
GRANTED with respect to plaintiff’s remaining claim against
defendant City of Norwich; and;
DENIED in all other respects; and it is further
ORDERED that plaintiff’s remaining claim against the City of Norwich
is DISMISSED; and it is further
ORDERED that the clerk terminate the City of Norwich as a party to
this action; and it is further
ORDERED that this case is deemed trial ready and a trial order will
be issued in due course; and it is further
ORDERED that the Clerk provide a copy of this Order to plaintiff in
accordance with the Local Rules.
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IT IS SO ORDERED.
March 25, 2019
Albany, New York

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