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McGrew v. Holt

United States District Court, N.D. New York

January 16, 2015

JASMINE L. McGREW, CHIANTA C. JENKINS, and FALLON M. BELL, Plaintiffs,
v.
JAMES HOLT, Individually and as police officer of the City of Utica, New York, MARK RAHN, Individually and as a police officer of the City of Utica, New York, PATRICK MURPHY, Individually and as a police officer of the City of Utica, New York, JOSHUA HARRINGTON, Individually and as a police officer of the City of Utica, New York, JOHN DOE, a fictitious name intended to represent one or more Police Officers of the City of Utica, New York, whose identities are unknown at present, and THE CITY OF UTICA, NEW YORK, Defendants.

STEPHEN L. LOCKWOOD, ESQ., DANIEL N. CAFRUNY, ESQ., Office of Stephen L. Lockwood, Utica, New York, for the Plaintiffs.

JOHN P. ORILIO, ESQ., MARK C. CURLEY, ESQ., MERIMA SMAJIC, ESQ., ZACHARY C. OREN, ESQ., Office of Corporation Counsel, City of Utica, Utica, New York, for the Defendants.

ORDER

GARY L. SHARPE, Chief District Judge.

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Therese Wiley Dancks, duly filed December 9, 2014. Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED that the Report-Recommendation of Magistrate Judge Therese Wiley Dancks filed December 9, 2014 (Dkt. No. 53) is ACCEPTED in its entirety for the reasons stated therein; and it is further

ORDERED that Defendants' motion for a finding of spoliation and sanctions in the form of an adverse inference (Dkt. No. 46) is DENIED; and it is further

ORDERED that the Clerk provide a copy of this Order to the parties in accordance to the local rules.

IT IS SO ORDERED.


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