Joseph v. Deluna et al, No. 1:2015cv05602 - Document 81 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER re: 70 MOTION for Summary Judgment , filed by Carlos Ramos, Nicholas Lane, Michelle Batista, Anthony Perlongo, Jose Luis Deluna, City of New York.For the reasons above, the Court GRANTS summary judgment against Joseph with respect to Joseph's false arrest claims, because it was objectively reasonable for the Individual Defendants to determine that there was probable cause to arrest Joseph for obstruction of governmental administration in the second degree. Th e Court DENIES summary judgment against Joseph with respect to (i) Joseph's excessive force claims, because there is a disputed issue of material fact about the amount of force used during Joseph's arrest, (ii) the state law tort claims ag ainst Perlongo, Batista, and Ramos, because Joseph's notice of claim was sufficient even though it did not name these Defendants, and (iii) Joseph's respondeat superior claims against the City of New York, because the Monell standard does not apply to these claims. The Clerk of Court is directed to terminate the motion at ECF No. 70. The parties shall, by April 6, 2018, submit to the Court a joint letter outlining the steps that need to be taken before the case is Ready for Trial. T he parties shall file a joint pretrial order by April 27, 2018. By that date, the parties shall also advise the Court whether they consent to trial of this case before a Magistrate Judge. Motions in limine shall be due on May 4, 2018. Oppositions to motions in limine shall be due on May 11, 2018. The case will be deemed Ready for Trial on May 25, 2018. A pretrial conference shall be set in another order. Counsel are directed to comply with this Court's Individual Rules. (Motions due by 5/4/2018. Pretrial Order due by 4/27/2018. Responses due by 5/11/2018. Ready for Trial by 5/25/2018.) (Signed by Judge Kimba M. Wood on 3/23/2018) (ras)