Almonte v. New York Police Department et al

Filing 83

OPINION & ORDER: For the foregoing reasons, defendants' motion for partial summary judgment is granted. The Court therefore dismisses Almonte's § 1983 claims alleging an unlawful stop and a false arrest. The Clerk of Court is respect fully directed to remove the City of New York from the caption of this case and to terminate the motion pending at docket number 72. Defendants are directed, by August 24, 2018, to serve this Opinion & Order on Alternate by certified mail. One claim now remain in this case. Almonte's claim against Hines and Cadavid under § 1983 alleging excessive force. That claim will now proceed to trial. Defendants are directed to confer with Almonte by August 31, 2018, and to submit,by September 5, 2018, a letter to the Court, setting forth the parties' respective views as to the duration of a trial. The Court will then set a trial date, as well as a due date for the parties' joint pretrial order. SO ORDERED., City of New York terminated. (Signed by Judge Paul A. Engelmayer on 8/21/2018) (rj)