Mena v. City of New York et al
| Geraldo Mena |
| City of New York, Marin, Genoves, Ashby, Francis, Radie, Clement and Unknown Correction Officers of Rikers Island |
| 1:2015cv03707 |
| May 13, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Andrew L. Carter |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
149
ORDER OF DISCONTINUANCE: It having been reported to the Court that this case has been or will be settled, it is hereby ORDERED that the above-captioned action is discontinued without costs and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/27/2021) (ama)
|
|
Filing
146
ORDER granting 145 Letter Motion to Adjourn Conference. Plaintiff's letter-motion requesting an adjournment of the upcoming settlement conference (ECF No. 145) is GRANTED and the settlement conference is adjourned to Friday, April 16, 2021 at 2:00 pm, with settlement submissions due Monday, April 12, 2021. The settlement conference will proceed on Zoom, arranged by Plaintiff, as the parties previously requested, and the conference will otherwise proceed in accordance with the terms set forth in the Settlement Conference Scheduling Order (ECF No. 138). The Clerk of Court is respectfully directed to schedule this conference as a Settlement Conference, even though it will take place by videoconference, and to close ECF No. 145. Settlement Conference set for 4/16/2021 at 02:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 2/10/2021) (cf)
|
|
Filing
144
ORDER granting 143 Letter Motion to Adjourn Conference. Plaintiff's letter-motion requesting to adjourn the upcoming settlement conference (ECF No. 143) is GRANTED and the settlement conference is adjourned to Wednesday, February 24, 2021 at 2:00 pm, with settlement submissions due Thursday, February 18, 2021. The settlement conference will proceed on Zoom, arranged by Plaintiff, as the parties previously requested, and the conference will otherwise proceed in accordance with the terms set forth in the Settlement Conference Scheduling Order (ECF No. 138). The Clerk of Court is respectfully directed to schedule this conference as a Settlement Conference, even though it will take place by videoconference and to close ECF No. 143. SO-ORDERED. ( Settlement Conference set for 2/24/2021 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/15/21) (yv)
|
|
Filing
142
ORDER granting 141 Letter Motion to Adjourn Conference. Plaintiff's Letter-Motion requesting an adjournment of the Settlement Conference (ECF No. 141) is GRANTED, and the Settlement Conference is ADJOURNED to Thursday, January 28, 2021 at 2: 00 pm, with the parties' settlement submissions due Friday, January 22, 2021. The Settlement Conference will proceed on Zoom, arranged by Plaintiff, as the parties requested, and theconference will otherwise proceed in accordance with the terms set forth in the Settlement Conference Scheduling Order (ECF No. 138). The Clerk of Court is respectfully directed schedule this conference as a Settlement Conference, even though it will take place by videoconference and to close ECF No. 141. Settlement Conference set for 1/28/2021 at 02:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 12/7/2020) (cf)
|
|
Filing
125
ORDER granting in part and denying in part without prejudice 118 Letter Motion to Compel. The Court rules as follows: 1. Plaintiff's request to stay depositions pending a motion for sanctions is DENIED. Plaintiff's request for addition al time to depose Chief Stukes and Mr. Brian Charkowick is GRANTED. Plaintiff may depose Chief Stukes and Mr. Charkowick for an additional three and one half hours each. Chief Stukes' deposition is to occur on August 21, 2020, and the parties are to reschedule Mr. Charkowick's deposition to be completed before August 31, 2020, if possible. 2. The parties confirmed that Defendants will provide use of force policies created or distributed between September 2013 and June 2014. 3. Plai ntiff's request for documents associated with investigations into use of force and insufficient reporting incidents for Defendants Marin and Radie is GRANTED IN PART insofar as Defendants must search for and produce such documents relating to incidents involving Plaintiff, and DENIED IN PART WITHOUT PREJUDICE insofar as Defendants are not required to search for and produce such documents relating to incidents involving other inmates. On review of Defendants' production, Plaintiff may renew their request for documents associated with investigations into use of force and insufficient reporting incidents for Defendants Marin and Radie involving other inmates. 4. Plaintiff's request for production of Marin's and Radie& #039;s shift logs for the weeks of the alleged assaults is GRANTED. Defendants are directed to produce shift logs for the weeks of each alleged assault for Marin and Radie. The fact discovery deadline remains Monday, August 31, 2020, but Defendants are granted an extension to make the productions detailed above by Monday, September 21, 2020. The parties are directed to complete all depositions by August 31, 2020 and file a joint status letter by Tuesday, September 1, 2020, including an updat e on the status of the above depositions and productions as well as the scheduling of the depositions of Officers Francis and Clement. The Clerk of Court is respectfully directed to close ECF No. 118. (Signed by Magistrate Judge Sarah L Cave on 8/19/2020) (ne)
|
|
Filing
111
ORDER denying 110 Letter Motion to Stay. The parties' joint request to stay all depositioins in this case until New York State's "stay-at-home" order is lifted (ECF No. 110) is DENIED. The parties are directed to complete all depositions in this case by Wednesday, July 1, 2020. The Clerk of Court is directed to close ECF No. 110. SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/29/20) (yv)
|
|
Filing
108
SCHEDULING ORDER: It is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that ("[u]nless the parties stipulate otherwise") the deposition be "conducted before an officer appointed or de signated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, however, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is fur ther ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 30 days, together with all post-discovery deadlines previously set by this Court. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to s eeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfil the goals of Rule 1 while avoiding unnecessary health risks. On receipt of this order, each party is directed to ensure that all other parties in this action are aware of the order, particularly if this action involves a pro se party. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/16/2020) (ama)
|
|
Filing
95
ORDER granting in part and denying in part 88 Letter Motion for Discovery. A Telephone Conference was held today, March 4, 2020, concerning Plaintiff Geraldo Mena's letter-motion to reopen discovery (ECF No. 88). The Court has considered ea ch of the six factors applicable to a request to reopen discovery, see City of Almaty, Kazakhstan v. Ablyazov, 2019 WL 275701, at *3 (S.D.N.Y. Jan. 22, 2019); Jones v. Hirschfeld, 2003 WL 21415323, at *3 (S.D.N.Y. June 19, 2003), and finds that Mena has demonstrated that good cause exists to reopen discovery. Therefore, Mena's Letter-Motion to reopen discovery for the limited purpose of taking a limited number of depositions is GRANTED IN PART AND DENIED IN PART. Discovery in this action wi ll be reopened for an additional 30 days for the limited purpose of allowing Mena to (1) depose Correctional Officers Kevin Marin, Kevin Radie, Patrick Francis, and Hope, and (2) conduct a deposition of no longer than one (1) hour of Defendants' Rule 30(b)(6) designee knowledgeable about the policies and procedures of the Department of Correction's video recording and retention procedures during the relevant period. Mena's request to depose Correctional Officers Clifford Clement a nd Joshua Carson is DENIED. The parties are directed to file a joint letter by Monday, April 6, 2020 confirming the completion of the depositions and stating the parties anticipated steps to move the case forward. The Clerk of Court is respectfully directed to close ECF No. 88. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/4/2020) (kv)
|
|
Filing
81
ORDER granting 80 Letter Motion to Adjourn Conference. The Court is in receipt of the Parties' request to adjourn the Status Conference currently scheduled for December 19, 2019. ECF No. 80. That Status Conference is hereby ADJOURNED to January 9, 2020 at 11:30 a.m. The Parties are hereby ORDERED to appear, in person, in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York at the date and time specified above. For this Conf erence, Plaintiff should contact the Court at 1-888-363-4749 (Conference Code: 3768660). Status Conference set for 1/9/2020 at 11:30 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 12/18/2019) (mro)
|
|
Filing
79
ORDER: The Status Conference currently scheduled for December 16, 2019 at 11:30 a.m. is hereby ADJOURNED to December 19, 2019 at 11:30 a.m. The Parties are hereby ORDERED to appear, in person, in Courtroom 1306 at the Thurgood Marshall United Stat es Courthouse, 40 Foley Square, New York, New York at the date and time specified above. For this Conference, Plaintiff should contact the Court at 1-888-363-4749 (Conference Code: 3768660)., Status Conference set for 12/19/2019 at 11:30 AM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 12/12/2019) (rj)
|
|
Filing
76
ORDER terminating 74 Letter Motion for Conference; granting 75 Letter Motion to Adjourn Conference. The Court is in receipt of the letters from the Parties regarding the Status Conference currently scheduled for December 3, 2019 at 11:0 0 a.m. ECF Nos. 74, 75. That Status Conference is hereby ADJOURNED to December 16, 2019 at 11:30 a.m. The Parties are hereby ORDERED to appear, in person, for a Status Conference in the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, New York. The Court will inform the Parties of the courtroom number when it becomes available. For this conference, Plaintiff should contact the Court at 1-888-363-4749 (Conference Code: 3768660) on the date and at the time specified above. ( Status Conference set for 12/16/2019 at 11:30 AM before Judge Andrew L. Carter Jr.). (Signed by Judge Andrew L. Carter, Jr on 12/3/2019) (mro)
|
|
Filing
70
ORDER: The Status Conference currently scheduled for November 22, 2019 at 2:00 p.m. is hereby ADJOURNED. The Parties are hereby ORDERED to appear, in person, for a Status Conference in Courtroom 1306 at the Thurgood Marshall United States Courthou se, 40 Foley Square, New York, New York, on December 3, 2019 at 2:00 p.m. SO ORDERED., Status Conference set for 12/3/2019 at 02:00 PM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 11/20/2019) (rj)
|
|
Filing
51
OPINION AND ORDER re: 39 MOTION for Summary Judgment filed by Clement, Radie, Genoves, Marin, Ashby, Francis, City of New York. For the aforementioned reasons, Defendants' Motion for Partial Summary Judgment is hereby GRANTED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/25/2019) Copies Mailed By Chambers (ne) Modified on 4/29/2019 (ne).
|
|
Filing
20
ORDER: for 17 Report and Recommendations. For the reasons stated above, the Court adopts the report and recommendation of dismissal of this case. The case is dismissed for failure to prosecute. The Clerk of Court is instructed to close this case. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/14/2017) Copies Mailed By Chambers. (rj)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
