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Payne v. Jones

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 3, 2009

JAMES EDWARD PAYNE, PLAINTIFF,
v.
OFFICER BRANDON JONES, OFFICER JOHN ABEL, C. ALLEN PYLMAN, CITY OF UTICA AND CITY OF UTICA POLICE DEPARTMENT, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on November 3, 2009, in Utica, New York, it is hereby

ORDERED that

1. Defendant Brandon Jones' motion, joined by the defendant City of Utica, for judgment as a matter of law or in the alternative for a new trial is DENIED;

2. Plaintiff may file an application for attorneys fees on or before November 10, 2009;

3. Defendants may file a response on or before November 18, 2009, and no reply will be permitted;

4. Plaintiff's application will be on submit; and

5. Thereafter, the Clerk will be directed to enter judgment.

IT IS SO ORDERED.

20091103

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