Jessica G. L. Clarke

“Defendants' motion for summary judgment is GRANTED in part and DENIED in part. ... Plaintiff's due process claims are DISMISSED. ... the motion is DENIED with respect to Plaintiff's conditions of confinement and excessive force claims.”

“Judge Aaron's Report and Recommendation is ADOPTED in its entirety. The Court enters a declaration that Burlington (1) has no duty to defend and/or indemnify PCGNY and/or Skyline under its Policies in connection with the claims in the Underlying Action, (2) is permitted to withdraw from the defense it is currently providing PCGNY in the Underlying Action under one of its policies, and (3) has no duty to reimburse Affiliated for the sums incurred by it”

Final judgment after a 7-day jury trial before Clarke (Mar 17-25, 2025) on the Eighth Amendment conditions-of-confinement and excessive-force claims that survived summary judgment. The jury returned a verdict for defendants; judgment entered dismissing the complaint. The Second Circuit later affirmed (mandate received 2026-02-11).

“The R&R is ADOPTED in its entirety and Defendant's motion for summary judgment is GRANTED. The Clerk of Court is directed to close the case and to mail a copy of this Order to Plaintiff.”

“Despite the waiver, the Court has reviewed the petition and the Report and Recommendation, unguided by objections, and finds the Report and Recommendation to be well reasoned and grounded in fact and law. Accordingly, the Report and Recommendation is ADOPTED in its entirety. The Clerk of Court is directed to close the case.”

“For the foregoing reasons, Defendants' motion to dismiss is DENIED as moot. The Clerk of Court is respectfully directed to terminate ECF No. 147 and remand this case to the Supreme Court of New York, County of New York, and to close this case.”

“For the reasons set forth herein, Scottsdale's motion for summary judgment is DENIED and Zurich's motion for summary judgment is GRANTED in part and DENIED in part.”

“Scottsdale's motion for summary judgment is DENIED and Zurich's motion for summary judgment is GRANTED in part and DENIED in part. Declaratory judgment is entered in favor of Zurich with respect to whether LM and 412 qualify as additional insureds and whether the Wrap-Up Exclusion applies.”

“For the reasons stated above, Judge Aaron's Report and Recommendation is ADOPTED in its entirety. Plaintiff's motion for summary judgment is GRANTED and Defendant's motion to amend is DENIED. The Clerk of Court is directed to enter judgment in favor of Plaintiff”

“Plaintiff's motion for summary judgment is GRANTED and Defendant's motion to amend is DENIED.”

“For the foregoing reasons, USFA's discovery objections to Judge Cott's August 3, 2022 is sustained and Judge Cott's order, ECF No. 65, is set aside. USFA is ordered to compensate USFA at a rate of $395 per hour for all time spent preparing for and providing testimony in this matter.”

“As such, and for the reasons set forth in the Order, the Motion for Reconsideration is DENIED. The Clerk of Court is directed to terminate ECF No. 258.”

“Defendants’ motion for judgment notwithstanding the jury’s verdict is DENIED.”

“With a total reduction of 75%, Plaintiffs are awarded $43,247.34 in attorney’s fees and $4,033.10 in costs.”

“Defendants’ application for fees is denied.”

“Court DENIES Petitioner’s Petition for Writ of Habeas Corpus.”