Macineirghe et al v. County of Suffolk et al
| New York Eastern District Court | |
| Judge: | Arthur D Spatt |
| Referred: | Steven I Locke |
| Case #: | 2:13-cv-01512 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 21, 2013 |
| Terminated: | Mar 06, 2017 |
| Last checked: Thursday Jan 08, 2015 5:15 PM EST |
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Defendant
Jonathan C. Allen
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Represented By
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Defendant
Christopher Anskat
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Represented By
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Defendant
Cesar Greg Benavides
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Represented By
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Defendant
Jamel Boswell
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Represented By
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Defendant
County of Suffolk
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Represented By
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Defendant
Mayovez Gonzalez
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Represented By
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Defendant
Peter Hansen
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Represented By
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Defendant
Craig Knudsen
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Represented By
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Defendant
North Shore LIJ
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Represented By
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Defendant
Southside Hospital
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Represented By
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Defendant
Suffolk County Police Department
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Represented By
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Defendant
Suffolk County Sheriff's Department
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Represented By
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Plaintiff
Brian Macineirghe
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Represented By
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Plaintiff
Ian Macineirghe
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Represented By
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Plaintiff
Tomas Macineirghe
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Mark Bendetti
Terminated: 10/06/2014
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Represented By
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Defendant
John Diffley
Terminated: 10/06/2014
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Represented By
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Defendant
Charles Gambino
Terminated: 10/06/2014
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Represented By
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GPO
Apr 01 2015
ORDER granting in part and denying in part 55 Motion for Discovery. For the reasons set forth in the attached Order, the branch of the Order to Show Cause ("OTSC") seeking to compel production of video surveillance footage is denied as moot; the branch of the OTSC seeking to modify the discovery schedule to take an additional deposition is granted; and the branch of the OTSC seeking sanctions in the form of an adverse inference charge based on spoliation of evidence is denied without prejudice and with leave to renew at the appropriate time before Judge Spatt. Ordered by Magistrate Judge Steven I. Locke on 4/1/2015. (Bagnuola, Anthony) |
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GPO
Jul 21 2015
MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 46 Motion for Summary Judgment; For the reasons set forth in this decision, the Court grants in part and denies in part the Hospital Defendants motion for summary judgment. The Court grants the motion and dismisses: (i) the Tenth Cause of Action for common law defamation as against Defendant Benavides; (ii) the Twelfth Cause of Action for common law negligence as against all Hospital Defendants, finding that claim impermissibly duplicative of the Plaintiffs defamation cause of action; (iii) the Thirteenth and Fourteenth Causes of Action for civil conspiracy and falsification of documents, respectively, as against all Hospital Defendants, finding those claims abandoned; and (iv) all Causes of Action as against Defendant Southside Hospital. The Court denies the motion to the extent it seeks to dismiss the Tenth Cause of Action for common law defamation as against Defendant Gonzalez, and to the extent it seeks to dismiss all claims as against Defendant NSLIJ. In this regard, the Court exercises its discretion to consider the Plaintiffs theory of vicarious liability against Defendant NSLIJ and deems the Complaint amended to assert such a claim. However, in light of the Courts rulings, the potential vicarious liability that may attach to NSLIJ is limited to damages resulting from Gonzalezs allegedly defamatory statements. (Coleman, Laurie) (Main Document 68 replaced on 7/21/2015) (Coleman, Laurie). Modified on 7/21/2015 to correct a clerical error; The last paragraph of pg #39 should state "for common law defamation as against Defendant Gonzalez" not Benavides as previously indicated; and to correct a typographical error in the name Gonzalez. This Decision remains the same in all other respects. (Coleman, Laurie). |