Jones v. The City of New York et al
| Michael Jones |
| The City of New York, Joseph A. Ponte, Jessy Liburd, Carole Comas, Scott Parks, Kernold Alves, Chika Nwogwugwu, Yves Gauvin, Roxanne Hobbs-Green, Lynn Devivo, Frank Medard, Rostislav Davydov, Jorge Villalobos, Iceyleen Cooper, Olga Segal, Allareddy Reddy, Nuaemezie Umeasor, Vanessa Jones, Andrew Riofrio, Corizon Health Inc., John Doe #1, John Doe #2, Jane Doe #1, Jane Doe #2, Jane Doe #3, Jane Doe #4, John Doe #3, John Doe #4 and John Doe |
| 1:2018cv01937 |
| March 2, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Unassigned |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
195
ORDER: denying 194 Letter Motion to Adjourn Conference. Application Denied. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/18/2024) (ama)
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Filing
187
ORDER granting 186 Letter Motion for Extension of Time to File. APPLICATION GRANTED SO ORDERED. City Defendants shall file the executed stipulation by June 26, 2023. (Signed by Judge Vernon S. Broderick on 6/13/2023) (ate)
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Filing
185
ORDER granting 184 Letter Motion for Extension of Time to File. The parties shall submit the revised stipulation by June 12, 2023. By May 30, 2023, the City Defendants shall provide a status update on the current state of the execution and return of the revised stipulation. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/15/2023) (tg)
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Filing
183
ORDER: Accordingly, it is hereby ORDERED that Defense counsel shall comply with my previous orders, (Docs. 180, 182), by May 15, 2023. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/11/2023) (tg)
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Filing
173
ORDER terminating 138 Motion for Partial Summary Judgment. APPLICATION GRANTED. The motion for partial summary judgment, (Doc. 138), filed by the City Defendants' (as defined below), shall be held in abeyance for 30 days pending the submission of a Stipulation of Settlement and Order of Dismissal as to the City Defendants. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 11/21/2022) (kv)
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Filing
145
ORDER granting 140 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 5/23/2022) (kv)
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Filing
125
ORDER: The plaintiff's apparent request for discovery (referenced in Docket # 122) is denied inasmuch as there is no evidence that the requested handwritten notes still exist. Discovery having concluded, defendants' attorneys are directed t o arrange for a telephone call with the plaintiff to discuss the possibility of settlement. On or before March 4, 2022, the defendants shall file a letter on behalf of all sides stating whether the parties believe it would be fruitful for the under signed to hold a settlement conference in this matter before summary judgment motions are filed. The Clerk is requested to mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/18/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
112
ORDER: Accordingly, Jones's request for an order requiring the production of these documents is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/29/2021) Copies Mailed By Chambers. (tro)
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Filing
110
ORDER terminating 103 Motion for Discovery. The Clerk of Court is respectfully directed to close the open motion at docket number 103. It appears that the City of New York erroneously filed this document as a letter motion even though it does make any motion. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 11/16/2021) (kv)
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Filing
107
ORDER OF SERVICE: On May 15, 2018, the Judge Broderick granted Jones's request to proceed in forma pauperis. See Order of May 15, 2018 (Docket # 8). Thus, Jones is entitled to rely on the Court and the U.S. Marshals to effect service. To allow Jones to effect service on defendant Jorge Villalobos through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for this defendant at the follow ing address: Jorge Villalobos c/o Gwendolyn Renee Tarver PAGNY-Correctional Health Services, 49-04 19th Avenue, 1rst floor, Astoria, New York 11105. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all o f the paperwork necessary for the Marshals Service to effect service upon this defendant of the complaint in this matter (Docket # 2). The deadline for service is November 1, 2021. The Clerk of Court is directed to reinstate Villalobos as a defendant in the above-captioned case. The Clerk of Court is directed to complete the USM-285 form with the address for Jorge Villalobos as provided above and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order to Jones. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/01/2021) (ama) Transmission to Pro Se Assistants for processing.
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Filing
104
ORDER: I am in receipt of Defendants' submissions made pursuant to my June 18, 2020 Order. (Docs. 95, 96, 99, 103.) It is hereby: ORDERED that Plaintiff shall file any response to Defendants' submissions by September 4, 2020. The Clerk of Court is directed to mail a copy of this order to the pro se Plaintiff. SO ORDERED. (Responses due by 9/4/2020) (Signed by Judge Vernon S. Broderick on 8/14/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
95
ORDER: Accordingly, it is hereby: ORDERED that within thirty (30) days, Defendants shall submit a letter in response, containing the information set forth in my Opinion & Order, (see Doc. 93, at 37), and addressing plaintiff's request fo r an extension of the discovery deadlines and for leave to amend his complaint. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/18/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
93
OPINION & ORDER re: 53 MOTION for Judgment on the Pleadings filed by The City of New York, Joseph A. Ponte, Rostislav Davydov, Corizon Health Inc., 36 FIRST MOTION for Judgment on the Pleadings FRCP Rule 12(c) file d by Olga Segal. For the foregoing reasons, Defendant Segal's motion is DENIED and the City Defendants' motion is GRANTED IN PART and DENIED IN PART. Plaintiff's Eighth Amendment claim against Defendant Ponte is dismissed without pr ejudice. The following claims survive: Plaintiff's Eighth Amendment claim against Defendants Segal, Davydov, and the City of New York; and Plaintiff's Fourth and First Amendment claims against the John Doe correction officers, Ponte, an d the City of New York. Within thirty (30) days of this Opinion & Order, Plaintiff shall submit a letter informing me whether he seeks to proceed with any or all of his claims against those Gauvin, Liburd, and Villalobos, and setting forth the al legations supporting those claims. Within thirty (30) days of receiving that letter, the City Defendants shall submit a response detailing (1) their position on whether the claims identified by Plaintiff should be reinstated, along with any suppor ting factual and legal authority; (2) whether, if those claims are reinstated, the New York City Law Department would represent the new defendants; and (3) if the Law Department intends to represent those Defendants, whether they will waive servic e and whether they need to take any additional discovery. The post-discovery conference currently scheduled for April 9, 2020, is adjourned sine die pending resolution of the above listed issues. The Clerk of Court is directed to terminate the motions at Documents 36 and 53. (Signed by Judge Vernon S. Broderick on 4/2/2020) (rro)
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Filing
92
ORDER TO PRODUCE: WHEREAS, Michael Jones (DIN No. 90-A-5292), Plaintiff pro se, is a state prisoner in the custody of the New York State Department of Corrections and Community Supervision at Sing Sing Correctional Facility, 354 Hunter St., Ossining, New York 10562; IT IS HEREBY ORDERED that the deposition of Plaintiff in Michael Jones v. City of New York, et al., 18-CV-1937, shall be conducted by video-conference on February 11, 2020, beginning at 10:30 in the forenoon, and sha ll be recorded by stenographic means; and IT IS HEREBY FURTHER ORDERED that the Warden or other official in charge of Sing Sing Correctional Facility, shall produce Plaintiff, by video-conference, for such deposition at the aforementioned date a nd time, and for so long thereafter, from day to day, as the deposition continues, for a total of up to seven hours. The Clerk of Court is directed to mail a copy of this order to the pro se Plaintiff. (Signed by Judge Vernon S. Broderick on 1/27/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
89
ORDER TO PRODUCE: IT IS HEREBY ORDERED that the deposition of Plaintiff in Michael Jones v. City of New York, et al., 18-CV-1937, shall be conducted by video-conference on January 21, 2020, beginning at 10:30 in the forenoon, and shall be recorded by stenographic means; and IT IS HEREBY FURTHER ORDERED that the Warden or other official in charge of Sing Sing Correctional Facility, shall produce Plaintiff, by video-conference, for such deposition at the aforementioned date and time, and for so long thereafter, from day to day, as the deposition continues, for a total of up to seven hours. (Deposition due by 1/21/2020.) (Signed by Judge Vernon S. Broderick on 12/27/2019) (rro)
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