"The Court concludes that Mr. Zoellner has not proved the lack of probable cause element of his malicious prosecution claim. "

 

CONCLUSION:  "As Mr. Zoellner has not satisfied the lack of probable cause element of his malicious prosecution claim, the claim fails and judgment must be entered in Mr. Losey’s favor."

"The Court will hold a further case management conference on November 17, 2022 at 1:30 p.m. via Zoom video.  An updated joint case management conference statement is due seven days in advance.  The statement should address whether separate judgment should be issued on the malicious prosecution claim (along with the claims disposed of on summary judgment) pursuant to Federal Rule of Civil Procedure 54(b), as well as propose next steps with respect to the bifurcated claim.  IT IS SO ORDERED. Dated: October 17, 2022."

You can read the entire 12 page ruling and download it from PACER.

https://www.pacermonitor.com/public/case/25487852/Kyle_Zoellner_v_Eric_Losey

If you did not read my previous post; you should. 

Previous post:

https://johnchiv.blogspot.com/2022/10/the-coverage-of-zoellners-latest-civil.html?m=1