GRUBER v. ERIE COUNTY WATER AUTHORITY

No. 10-CV-388S.

JACOB GRUBER and LYNN GRUBER, Plaintiffs, v. ERIE COUNTY WATER AUTHORITY, et al., Defendants.

United States District Court, W.D. New York.

February 5, 2012.


Attorney(s) appearing for the Case

Jacob Gruber, Plaintiff, represented by Steven M. Cohen , HoganWillig.

Lynn Gruber, Plaintiff, represented by Steven M. Cohen , HoganWillig.

Erie County Water Authority, Defendant, represented by Brendan Patrick Kelleher , Hodgson Russ, LLP.

Erie County Water Authority, Defendant, represented by Hugh M. Russ, III , Hodgson Russ LLP.

Erie County Water Authority, Defendant, represented by Ryan J. Lucinski , Hodgson Russ LLP.

Frank E. Swiatek, Individually and as Chairman of the Erie County Water Authority, Defendant, represented by Brendan Patrick Kelleher , Hodgson Russ, LLP.

Frank E. Swiatek, Defendant, represented by Hugh M. Russ, III , Hodgson Russ LLP.

Frank E. Swiatek, Defendant, represented by Ryan J. Lucinski , Hodgson Russ LLP.

Kelly M. Vacco, Individually and as Vice Chair of the Erie County Water Authority, Defendant, represented by Brendan Patrick Kelleher , Hodgson Russ, LLP.

Kelly M. Vacco, Defendant, represented by Hugh M. Russ, III , Hodgson Russ LLP.

Kelly M. Vacco, Defendant, represented by Ryan J. Lucinski , Hodgson Russ LLP.

Francis G. Warthling, Individually and as Treasurer of the Erie County Water Authority, Defendant, represented by Brendan Patrick Kelleher , Hodgson Russ, LLP.

Francis G. Warthling, Defendant, represented by Hugh M. Russ, III , Hodgson Russ LLP.

Francis G. Warthling, Defendant, represented by Ryan J. Lucinski , Hodgson Russ LLP.

Robert A. Mendez, Individually and as Executive Director of the Erie County Water Authority, Defendant, represented by Brendan Patrick Kelleher , Hodgson Russ, LLP.

Robert A. Mendez, Defendant, represented by Hugh M. Russ, III , Hodgson Russ LLP.

Robert A. Mendez, Defendant, represented by Ryan J. Lucinski , Hodgson Russ LLP.

Robert J. Lichtenthal, Individually and as Deputy Director of the Erie County Water Authority, Defendant, represented by Brendan Patrick Kelleher , Hodgson Russ, LLP.

Robert J. Lichtenthal, Defendant, represented by Hugh M. Russ, III , Hodgson Russ LLP.

Robert J. Lichtenthal, Defendant, represented by Ryan J. Lucinski , Hodgson Russ LLP.

S. A. Wiatrowski, Individually and as Supervising Account Clerk of the Erie County Water Authority, Defendant, represented by Brendan Patrick Kelleher , Hodgson Russ, LLP.

S. A. Wiatrowski, Defendant, represented by Hugh M. Russ, III , Hodgson Russ LLP.

S. A. Wiatrowski, Defendant, represented by Ryan J. Lucinski , Hodgson Russ LLP.

John Doe Nos. 1-3, such names being fictitious and intended to identify executives and employees of the Erie County Water Authority whose identities gender and number are unknown at present, Defendant, represented by Brendan Patrick Kelleher , Hodgson Russ, LLP.

John Doe Nos. 1-3, Defendant, represented by Hugh M. Russ, III , Hodgson Russ LLP.

John Doe Nos. 1-3, Defendant, represented by Ryan J. Lucinski , Hodgson Russ LLP.


DECISION AND ORDER

WILLIAM M. SKRETNY, Chief District Judge.

1. Plaintiffs, Jacob Gruber and Lynn Gruber commenced this action on May 11, 2010 by filing a Complaint in this Court against Defendants Erie County Water Authority ("Water Authority") and several of its employees. Plaintiffs seek relief under 42 U.S.C. §1983, contending that their constitutional rights were violated when the Water Authority shut off their access to water without notice or...

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