Almonte v. New York Police Department et al

Filing 151

ORDER: On June 23, 2019, the Court received multiple submissions by the parties. The Court rules on two of those submissions (ECF Nos. 144 & 146) as follows: (1) Plaintiff's motion for reconsideration of the Court's June 19, 201 9 order (ECF No. 144) is denied. Evidence of weapons collected at the scene of Mr. Almonte's arrest is permitted. If Plaintiff denies possessing a firearm on December 5, 2013 (contrary to Plaintiff's previous assertion that he "ha s no intention of testifying that he did not possess a firearm" (ECF No. 120 at 23)), then Defendants are permitted to introduce evidence that Plaintiff was convicted for possession of a firearm, without any reference to Plaintiff being a &qu ot;felon" in possession of a firearm. Additionally, evidence of the Defendants' disciplinary histories is precluded. (2) Defendants' request that the Court dismiss Plaintiff's claim against defendant Officer Laura Cadavid for failure to intervene in the use of excessive force (ECF No. 146 at 2-3) is denied. (Signed by Judge John F. Keenan on 6/24/2019) (mro)

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Case 1:09-md-02013-PAC Document 57 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x In re FANNIE MAE 2008 SECURITIES : LITIGATION : : : -----------------------------------------------------------x Filed 09/30/10 Page 1 of 45 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: _________________ DATE FILED: 06/24/2019 08 Civ. 7831 (PAC) 09 MD 2013 (PAC) OPINION & ORDER HONORABLE PAUL A. CROTTY, United States District Judge: BACKGROUND1 The early years of this decade saw a boom in home financing which was fueled, among other things, by low interest rates and lax credit conditions. New lending instruments, such as subprime mortgages (high credit risk loans) and Alt-A mortgages (low-documentation loans) kept the boom going. Borrowers played a role too; they took on unmanageable risks on the assumption that the market would continue to rise and that refinancing options would always be available in the future. Lending discipline was lacking in the system. Mortgage originators did not hold these high-risk mortgage loans. Rather than carry the rising risk on their books, the originators sold their loans into the secondary mortgage market, often as securitized packages known as mortgage-backed securities (“MBSs”). MBS markets grew almost exponentially. But then the housing bubble burst. In 2006, the demand for housing dropped abruptly and home prices began to fall. In light of the changing housing market, banks modified their lending practices and became unwilling to refinance home mortgages without refinancing. 1 Unless otherwise indicated, all references cited as “(¶ _)” or to the “Complaint” are to the Amended Complaint, dated June 22, 2009. For purposes of this Motion, all allegations in the Amended Complaint are taken as true. 1

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