Adamou v. The County of Spotsylvania, Virginia et al, No. 1:2012cv07789 - Document 76 (S.D.N.Y. 2016)

Court Description: OPINION AND ORDER re: 58 MOTION for Reconsideration re; 50 Memorandum & Opinion, . filed by Edward J. Doyle, The County of Spotsylvania, Virginia, 65 MOTION to Dismiss Plaintiff's Third Amended Complaint. filed by City of New York, 61 MOTION to Dismiss Plaintiff's Third Amended Complaint. filed by Edward J. Doyle, The County of Spotsylvania, Virginia.The Virginia Defendants' motion for reconsideration is denied. The Virginia Def endants' motion to dismiss the third amended complaint is granted as to the claims against the County and the Roe Defendants. The New York Defendants' motion to dismiss is granted as to the claims brought under the New York constitution. The dismissed claims are dismissed with prejudice. The remaining claims are: (1) claims pursuant to 42 U.S.C. § 1983, against Detective Doyle and the Doe Defendants in their individual capacities; (2) state law claims against Detective Doyle and the Doe Defendants in their individual capacities; (3) claims pursuant to 42 U.S.C. § 1983, against the Stiles Defendants; and (4) municipal liability claims against the City. In addition, the caption shall be updated to include only the f ollowing Defendants: (1) Detective Edward J. Doyle, in his individual capacity; (2) "John and/or Jane Does" Nos. 1, 2, 3, etc. (whose identities are unknown but who are known to be police officers and employees of the Spotsylvania County Sheriffs Office), in their individual and official capacities; (3) the City of New York; and (4) "John and/or Jane Stiles" Nos. 1, 2, 3, etc. (whose identities are unknown, but who are known to be police officers and employees of the Ne w York City Police Department). The Court will hold a status conference to address the remaining claims and any next steps in the proceedings on April 6, 2016, at 10:00 a.m. All remaining parties (and/or counsel) should appear in person in Courtroo m 1306 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. (As further set forth in this Order.) (Status Conference set for 4/6/2016 at 10:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 3/14/2016) (kgo)