Galunas v. The State Of New York

Filing 49

OPINION AND ORDER: On July 12, 2017, this Court received Plaintiff's Motion for a Preliminary Injunction. This court also received Defendants' timely Opposition to Plaintiff's Motion for Preliminary Injunction dated. August 8, 2017. The party seeking a preliminary injunction must demonstrate "that it will suffer irreparable harm absent injunctive relief and either (1) that it is likely to succeed on the merits of the action, or (2) that there are sufficiently serious que stions going to the merits to make them a fair ground for litigation, provided that the balance of hardships tips decidedly in favor of the moving party." Mullins v. City of New York, 626 F.3d 47, 52-53 (2d Cir. 2010). Given Plaintiff's failure to meet this standard, Plaintiff's motion is denied. Further, the Court directs Defendants to provide Plaintiff with a declaration, listing, to the extent Plaintiff seeks and Defendants have provided, medical records requested. The motion to compel is denied as moot. The Court respectfully directs the Clerk of the Court to terminate the motions at ECF Nos. 36, 41, and 43. (Signed by Judge Nelson Stephen Roman on 10/2/2017) Copies Mailed By Chambers(rj)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

---------------------------------------------------------------){
MATTHEW GALUNAS,
Plaintiff,

14-cv-7846 (NSR)

-against-

OPINION AND ORDER

DR. DANA GAGE et al.,

.

Defendants.

-------.--------------------------------------------------------){
NELSONS. ROMAN, United States District Judge:
On July 12, 2017, 1 this Couttreceived Plaintiff's Motion for a Preliminary Injunction. This
court also received Defendants' timely Opposition to Plaintiff's Motion for Preliminary Injunction
dated.August 8, 2017. The paity seeking a preliminary injunction must demonstrate "that it will
suffer irreparable harm absent injunctive relief and either (I) that it is likely to succeed on the
merits of the action, or (2) that there are sufficiently serious questions going to the merits to make
them a fair ground for litigation, provided that the balance of hardships tips decidedly in favor of
the moving party." Mullins v. City of New York, 626 F.3d 47, 52-53 (2d Cir. 2010). Given
Plaintiff's failure to meet this standard, Plaintiff's motion is denied.
Further, the Coutt directs Defendants to provide Plaintiff with a declaration, listing, to the
extent Plaintiff seeks and Defendants have provided, medical records requested. The motion to
compd is denied as moot.
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'ibt Ie extent Plaintiff filed duplicate claims in ECF No. 41, they are denied.
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Chambers of Nelson S. Ronuin, U.S.D.J.

The Comt respectfully directs the Clerk of the Comt to terminate the motions at ECF Nos.
36, 41, and 43.

Dated: October _f:_, 2017
White Plains, New York
SO ORDERED:

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United States District Judge