Order | Filed: August 26, 2026
| Entered: August 26, 2026
Kallamni v. Pimentel et al
Civil Rights: Other | New York Southern
Order Referring Case to Magistrate Judge
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/26/2026) (jca)
Order | Filed: August 26, 2026
| Entered: August 26, 2026
Kallamni v. Pimentel et al
Civil Rights: Other | New York Southern
Stipulation and Order of Voluntary Dismissal
STIPULATION AND ORDER OF PARTIAL DISCONTINUANCE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by andbetween the undersigned counsel for the parties, pursuant to Rules 41(a)(1)(A)(ii), 41(a)(2) and/or15(a)(2) of the Federal Rules of Civil Procedure, as follows: 1.The Fifth Cause of Action (Negligent Hiring Training Retention & Supervision)asserted in the Complaint is hereby discontinued and dismissed with prejudice against all Defendants.2.This Stipulation does not affect, and Plaintiff continues to prosecute the following remaining causes of action: (1) assault and battery claims under New York state law against Defendant Pimentel (and his employer MTA via respondent superior); (2) negligence claim under New York state law against Defendant Pimentel (and his employer MTA via respondent superior); and (3) excessive force claim arising under 42 U.S.C. § 1983 against Defendant Pimentel only. Nothing herein shall be construed as a discontinuance of the action in its entirety. 3. To the extent this Stipulation is deemed to effect an amendment of the Complaint pursuant to Fed. R. Civ. P. 15(a)(2), the parties consent to such amendment, and the Complaint shall be read as though the discontinued causes of action, and all allegations pleaded exclusively in support thereof, were omitted. No further amended pleading shall be required, and Defendants previously filed Answer to the Amended Complaint (ECF No. 13) shall remain the operative response to the surviving causes of action. 4. This stipulation is entered into solely for the purpose of narrowing the claims inthis action. It does not constitute, and shall not be construed or offered as, an admission by any party as to the merit or lack of merit of any claim or defense, or as an admission of any liability, wrongdoing, or fact. 5. Defendants do not waive, and expressly reserve, all defenses, objections, and affirmative defenses available to them with respect to the surviving causes of action, including without limitation all defenses asserted in their Answer to the Amended Complaint (ECF No. 13). Plaintiff reserves all rights with respect to the surviving causes of action, and further agrees not to seek to replead, revive, or reassert the discontinued causes of action in this or any other forum. 6. Each party shall bear its own costs, expenses, disbursements, and attorneys fees incurred in connection with the discontinued causes of action, and no party shall seek costs or fees from any other party on account of this Stipulation.7.The parties acknowledge that this Stipulation does not resolve all claims as to all parties and that no final judgment shall enter hereon. 8. This Stipulation may be executed in counterparts, and by facsimile, electronic, or PDF signature, each of which shall be deemed an original and all of which together shall constitute one instrument. The filing attorney attests that all signatories have consented to the filing of this document bearing their electronic signatures. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/26/2026) (jca)