Hyatt v. Koenigsmann et al
Shane Hyatt |
Carl J. Koenigsmann, David A. Rock, Thomas L. LaValley, James E. Proulx, Vonda Johnson, Kang Lee, James Spinner, Jr., J. Hebert, Jr., Michael J. Eddy, David Bickford, Timothy Ramsdell, Timothy Arquitt, Betsy Mitchell-Oddey, Brian M. Fournier, Casey B. Keating, Jamie J. Willett, Ronald Larocque, Adam C. Ripa, David Greene, Wayne Palmer, Scott D. Lamare, Marla Travers, Cherie Fairchild, Deborah M. Williamson, Jane/John Doe, Rodney Cook, Heath E. Baker, Julia Gordon, Renee Holmes, M. Browman, M. Rehany and Ashit Patel |
9:2015cv00089 |
January 26, 2015 |
US District Court for the Northern District of New York |
Prisoner Office |
Franklin |
David N. Hurd |
Randolph F. Treece |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 99 DECISION AND ORDER: ORDERED, that the 95 Report and Recommendations is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendant David A. Rock's motion for summary judgment (Dkt. No 76 ) is GRANTED and the amended complaint is DISMISSED as against him. Signed by Judge David N. Hurd on 3/23/18. (served on plaintiff by regular mail) (alh, ) |
Filing 75 ORDER: As part of the Courts previous Decision and Order, Dkt. No. 68 , Counsel for the Defendants was instructed to provide Chambers with the personnel files for all Defendants for in camera review. In addition, the Decision and Order also direc ted the Defendants to provide a copy of certain IG or OSI investigative reports involving Defendants during a specified period. The personnel files for the Defendants and the investigative reports have now been submitted to the Court. The relevant p ortions of the personnel files are described herein. With regard to the investigative reports, the Court finds that those reports contain information that may be relevant to the Plaintiff's claims or the Defendants' defenses. The Court th erefore directs that the reports be produced in the manner set forth herein. When retrieving the personnel files and the investigative reports, Defendants Counsel shall make a copy of the pages from the personnel files which have been marked by the Court and identified herein. Because corrections officers confidential personal records are not shared directly with inmates, the Court directs that Defendants Counsel secure the noted documents and hold them until such time as an attorney is appoi nted to assist Plaintiff Hyatt. If an attorney is appointed, the disclosure of the documents contents is for the attorneys eyes only. The same procedure applies to the IG and OSI reports, as they reveal sources and investigative techniques and con tain the names of inmates and other corrections officers that are not parties to this proceeding. The Court further directs that the Defendants Counsel to immediately retrieve from the Courts courtroom deputy, Maria Blunt, the personnel files and reports. Signed by Magistrate Judge Daniel J. Stewart on 2/15/17. (served on plaintiff by regular mail)(alh, ) |
Filing 68 DECISION AND ORDER: ORDERED, that the Plaintiff's Motion to Compel (Dkt. No. 60 ) is GRANTED in part and DENIED in part as set forth above. ORDERED, that the Defendants shall supplement their responses to the various discovery demands of the Plaintiff that have been approved by the Court, and shall supply interrogatory responses to the specific questions authorized by the Court, within thirty (30) days of the filing date of this Decision and Order. ORDERED, that the Defendants' counsel shall provide to the Court for an in camera inspection, the personnel files and IG or OSI reports as detailed in this Decision and Order, and said production shall occur within forty five (45) days of the date of the filing date of this Dec ision and Order. ORDERED, that in light of this above, discovery in this case is extended for sixty (60) days for the sole purpose of complying with the requirements of this Decision and Order, and all other discovery is closed. ORDERED, that the deadline for the filing of dispositive motions in this case is now set for March 6, 2017. Signed by Magistrate Judge Daniel J. Stewart on 11/18/16. (served on plaintiff by regular mail) (alh, ) |
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