Ruggiero v. Way et al
Case Number: 7:2019cv03631
Filed: October 31, 2019
Court: US District Court for the Southern District of New York
Office: White Plains Office
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
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Date Filed Document Text
February 16, 2022 Opinion or Order Filing 68 ORDER: Plaintiff has failed to respond to the Courts July 20, 2021 Order. As the Court warned in its Order, pursuant to Federal Rules of Civil Procedure Rule 41(b), the Court dismisses Plaintiff's action without prejudice. The Clerk of Court is respectfully directed to close the case and to mail a copy of this Order to Plaintiff at his address listed on ECF and to show service on the docket. (Signed by Judge Nelson Stephen Roman on 2/16/2022) (rro) Transmission to Docket Assistant Clerk for processing.
June 24, 2021 Opinion or Order Filing 60 ORDER granting 59 Letter Motion to Adjourn Conference. Defendants' application is GRANTED. The Status Conference scheduled for June 25, 2021 is adjourned sine die. In the event that Plaintiff does not communicate with Defendants' coun sel on or before July 8, 2021, Defendants' counsel is directed to promptly notify the Court in writing. Also, at that time, Defendants may seek the appropriate remedy by order to show cause (in writing). The Clerk of the Court is kindly dire cted to terminate the Motion at ECF No. 59. The Clerk of the Court is further directed to mail a copy of this Endorsement to pro se Plaintiff at his address listed on ECF and to show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/24/2021) (rj) Transmission to Docket Assistant Clerk for processing.
January 14, 2021 Opinion or Order Filing 51 ORDER: The telephonic conference scheduled for Thursday, January 14, 2021, at 4:00 p.m. before Magistrate Judge Krause is hereby cancelled. The Clerk of the Court is directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Magistrate Judge Andrew E. Krause on 1/14/2021) (nb) Transmission to Docket Assistant Clerk for processing.
December 21, 2020 Opinion or Order Filing 49 ORDER: ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issue s, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringin g the dispute to the attention of the Court as hereinafter set forth. In calculating when a dispute arises, the Court anticipates that the parties have complied with the Federal Rules of Civil Procedure and the Local Civil Rules of the United States District Courts for the Southern and Eastern Districts of New York, in that the discovery demand or disclosure at issue and the adversary's response have been served. When a party determines it needs either to compel or preclude discovery, the party must, within 3 business days, confer in good faith with the adverse party or parties in person or by telephone to attempt to resolve the dispute. If the dispute is not resolved within 3 business days, the objecting party then has 3 business d ays to bring the issue to the attention of the Court by filing a letter motion requesting a conference, in accordance with Local Civil Rule 37.2. The letter motion must not exceed 2 double-spaced pages. Any adverse party has 3 business days thereaf ter to submit a response, which also must not exceed 2 double-spaced pages. Counsel may annex to the letter submissions the relevant portions of the discovery demands or responses at issue, and/or relevant portions of documents in dispute. Written r eplies will not be accepted. If the Court deems it necessary, the parties will have an opportunity to make oral replies to points made in the letters at the conference regarding the dispute. When a legal privilege is asserted as a basis for refusing to comply with a discovery demand, the parties must follow the same timetable set forth above for attempting to resolve the dispute and raising the issue with the Court. In addition, the party asserting the privilege must, at the same time it files its letter motion, file a privilege log that complies with all requirements of Local Civil Rule 26.2 and file an in camera submission of legible copies of any material as to which the assertion of the privilege is in dispute. If privilege is asser ted only over certain parts of a document, the in camera submission must clearly identify the portion(s) of the document for which the privilege is being claimed. If disclosure of the privilege log would reveal privileged information, the party asse rting the privilege may file the privilege log under seal via ECF, and serve a redacted log on the adverse party. A party seeking to withhold responsive materials on the basis of a privilege must assert such privilege in writing no later than 30 days from the date when the documents are demanded, unless otherwise directed by the Court. If, in its ongoing obligation to supplement disclosure, a party discovers additional documents that it intends to withhold based upon a privilege, such privileg e must be asserted by counsel no later than 5 business days after receipt of the documents from the client. Any failure to comply with the terms of this Order by not filing objections to discovery, or assertions of privilege, in accordance with the time constraints, and in the form required by this Order, may result in waiver of legal rights and privileges. The time limitations set forth herein and in any other scheduling orders of the Court are to be strictly observed, and the parties and co unsel are not authorized to extend any of the set time limitations without the prior approval of the Court. On matters assigned for pre-trial supervision, any party wishing to file objections to a discovery ruling entered orally on the record must, on the date of the ruling, order a transcript of the proceeding in which the ruling was issued. The transcript must be ordered on a 2-day expedited basis. The objecting party then shall have 14 days from the date of the receipt of the transcript to file any objections with the assigned District Judge. A failure to order the record in accordance with these directions may result in a failure to timely file objections. The attention of counsel and the parties is respectfully directed to Federal Rule of Civil Procedure 30(d) regarding the conduct of depositions. If a privilege objection is raised at a deposition, counsel are directed to contact chambers by telephone during the deposition at 914-390-4070 for a ruling. The Clerk of the Court is directed to mail a copy of this scheduling order to the pro se plaintiff. (Signed by Magistrate Judge Andrew E. Krause on 12/21/2020) (nb) Transmission to Docket Assistant Clerk for processing.
August 31, 2020 Opinion or Order Filing 44 OPINION & ORDER re: 41 MOTION to Dismiss . filed by R. Browne, Larry Way, 39 MOTION to Amend/Correct. filed by Francis Henry Ruggiero., For the foregoing reasons, Plaintiff's motion to amend is DENIED without prejudice, a nd Defendants' partial motion to dismiss is GRANTED in its entirety. All claims other than Plaintiffs excessive force claim against Defendant Larry Way are dismissed without prejudice. Plaintiff may file a Second Amended Complaint consistent with this Opinion on or before October 2, 2020, should he choose to reassert his § 1983 claims that have been dismissed without prejudice. An Amended Civil Rights Complaint Form is attached. Defendants shall file answers or otherwise respond to the Second Amended Complaint on or before November 2, 2020. Because Plaintiff's Second Amended Complaint will completely replace, not supplement, the First Amended Complaint, any facts or claims that Plaintiff wishes to remain must be incl uded in the Second Amended Complaint. Failure to file a Second Amended Complaint within the time allowed, and without good cause, will result in the dismissal of the claims dismissed in this Opinion with prejudice. If Plaintiff does not file a Sec ond Amended Complaint by October 2, 2020, the remaining Defendant Larry Way is directed to file an answer as to the surviving claim of the First Amended Complaint on or before November 2, 2020. The parties are then directed to confer, complete, an d submit to the Court the attached case management plan on or before December 2, 2020. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 39 and 41. The Clerk of the Court is further directed to terminate Defenda nt Sgt. R. Browne. Finally, the Clerk of the Court is directed to mail a copy of this Opinion to pro se Plaintiff at his last address listed on ECF and file proof of service on the docket., R. Browne (Fishkill Correctional Facility) terminated., Amended Pleadings due by 10/2/2020. (Signed by Judge Nelson Stephen Roman on 8/31/2020) (rj) Transmission to Docket Assistant Clerk for processing.
October 31, 2019 Opinion or Order Filing 38 OPINION & ORDER: Accordingly, the Court grants Plaintiff's request to the extent that the briefing schedule is modified as follows: Plaintiff's opposition is to be served by December 2, 2019, and reply papers are to be served by December 17, 2019. The parties are to send the Court two courtesy copies of all papers as they are served. On the reply date, the movants are to file all motion papers, including Plaintiff's opposition papers, on ECF. The Clerk of the Court is respect fully directed to mail a copy of this Order to the Plaintiff at his address as listed on ECF and show proof of service on the docket. (As further set forth in this Order.) (Signed by Judge Nelson Stephen Roman on 10/31/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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