Cruz v. The City of New York et al, No. 1:2015cv02265 - Document 47 (S.D.N.Y. 2017)

Court Description: OPINION AND ORDER: re: 28 MOTION for Summary Judgment filed by The City of New York, Eugene Donnelly. For the foregoing reasons, the Court grants defendants' motion for summary judgment on all of Cruz's claims, except for his ma licious prosecution claim under § 1983 against Donnelly. That claim survives and, barring settlement, will proceed to trial. The Court directs counsel to meet and confer in person by Friday, February 17, 2017, to discuss potential settlement of this matter, and to submit a letter to the Court by Tuesday, February 21, 2017, reporting on whether the case has settled. If it has not, the Court will set a prompt schedule for the submission of a joint pretrial order and other pretrial submissions and will, thereafter, set a trial date.The Clerk of Court is respectfully directed to close the motion pending at Dkt. 28. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/08/2017) (ama) Modified on 2/9/2017 (ama).