Rotondo v. Salisbury, et al
| GINO ROTONDO, SR. |
| KIMBERLY KANE, MD, individual capacity, LORI VENTITUOLO, individual capacity, PATRICIA ANNE COYNE-FAGUE, individual capacity, DR. DANIEL N. VALICENTI, individual capacity and official capacity, KATHLEEN A. LYONS, individual capacity, JOSEPH F. JANKOWSKI, individual capacity, LT. RAFFERTY, individual capacity, LT. PERRY, individual capacity, MARYBETH, DR. SYNDER, JESSICA KEEFE, LEVASSUER, DR. MACK, DR. HANOIAN, WAYNE T. SALISBURY, JR., individual capacity and NURSE PRACTITIONER DAVE SASSO, individual capacity and official capacity |
| 25-1276 |
| March 20, 2025 |
| U.S. Court of Appeals, First Circuit |
| Prison Condition |
Docket Report
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| Document Text |
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| MOTION for zoom hearing as to why there are two appeals filed by Appellant Gino Rotondo, Sr. in 25-1276, 25-1494. Certificate of service was not included. [25-1276, 25-1494] (ATC) [Entered: 09/15/2025 03:08 PM] |
| PLRA RESPONSE filed by Appellant Gino Rotondo, Sr. in 25-1276, 25-1494. [25-1276, 25-1494] (ATC) [Entered: 09/15/2025 03:04 PM] |
| NOTICE of unavailability of counsel filed by Attorney Marissa D. Pizana for Appellees Patricia Anne Coyne-Fague, Joseph F. Jankowski, Kimberly Kane, Kathleen A. Lyons, Rafferty, Wayne T. Salisbury, Jr., Daniel N. Valicenti and Lori Ventituolo. Served on 09/04/2025. [25-1276] (MDP) [Entered: 09/04/2025 02:15 PM] |
| MOTION for Clarification and Pre-Appointed Phone Call with Counselor filed by Appellant Gino Rotondo, Sr. in 25-1276, 25-1494. Certificate of service was not included. [25-1276, 25-1494]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ATC) [Entered: 08/12/2025 04:40 PM] |
ORDER entered by Seth Robert Aframe, Appellate Judge: Upon consideration of motion, it is ordered that the time for Appellant Gino Rotondo to pay the full filing fee required for commencing an appeal to the clerk of the district court or to file the necessary Prison Litigation Reform Act (PLRA) forms with this court be enlarged to and including September 10, 2025 . Failure to do so may result in a dismissal of this case pursuant to Fed. R. App. P. 3(b) for failure to prosecute. PLRA Forms 1 and 2 are enclosed with this order. [25-1276] (ATC) [Entered: 08/11/2025 10:11 AM]
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| RESPONSE filed by Appellees Wayne T. Salisbury, Jr., Kimberly Kane, Lori Ventituolo, Patricia Anne Coyne-Fague, Daniel N. Valicenti, Kathleen A. Lyons, Joseph F. Jankowski and Rafferty to motion for miscellaneous relief [ # 6738685-2 ]. Served on 08/01/2025. [25-1276] (MDP) [Entered: 08/01/2025 02:35 PM] |
| RESPONSE filed by Appellees Wayne T. Salisbury, Jr., Kimberly Kane, Lori Ventituolo, Patricia Anne Coyne-Fague, Daniel N. Valicenti, Kathleen A. Lyons, Joseph F. Jankowski and Rafferty to motion [ # 6738686-2 ]. Served on 08/01/2025. [25-1276] (MDP) [Entered: 08/01/2025 02:29 PM] |
| NOTICE of appearance on behalf of Appellee Dave Sasso filed by Attorney Alan R Tate. Served on 07/30/2025. [25-1276] (ART) [Entered: 07/30/2025 12:00 PM] |
| Original Appeal itself with Modification filed by Appellant Gino Rotondo, Sr. Certificate of service was not included. [25-1276] (ATC) [Entered: 08/05/2025 08:27 AM] |
| PLRA RESPONSE filed by Appellant Gino Rotondo, Sr. Certificate of service was not included. [25-1276]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ATC) [Entered: 07/25/2025 02:51 PM] |
| MOTION to extend time to file PLRA response and for zoom hearing filed by Appellant Gino Rotondo, Sr. Certificate of service was not included. [25-1276] CLERK'S NOTE: Docket entry was edited to modify the docket text. (ATC) [Entered: 07/25/2025 02:48 PM] |
| MOTION for hearing of in forma pauperis filed by Appellant Gino Rotondo, Sr.. Certificate of service was not included. [25-1276] (ATC) [Entered: 07/25/2025 02:46 PM] |
| NOTICE of default and intent to dismiss issued. This appeal will be dismissed pursuant to Fed.R.App.P. 3(a) and 1st Cir. R. 45.0 for failure to prosecute unless the required PLRA forms are properly completed and filed with this office or the full filing fee is paid to the clerk of the district court by 07/23/2025 . [25-1276] (ATC) [Entered: 07/09/2025 11:06 AM] |
| RESPONSE filed by Appellant Gino Rotondo, Sr. to order for lack of jurisdiction [ # 6723189-2 ]. Certificate of service was not included. [25-1276] (ATC) [Entered: 06/13/2025 04:30 PM] |
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ORDER to Show Cause entered: Appellant is ordered to move for voluntary dismissal of the appeal pursuant to Fed. R. App. P. 42(b), or to show cause, in writing, why this appeal should not be dismissed for lack of jurisdiction. The failure to take either action by June 5, 2025 , will lead to dismissal of the appeal for lack of diligent prosecution. [25-1276] (ATC) [Entered: 05/22/2025 02:33 PM]
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| PLRA LETTER issued. IFP was granted in district court. PLRA forms sent. PLRA response due 06/05/2025 . [25-1276] (ATC) [Entered: 05/22/2025 02:23 PM] |
| NOTICE of unavailability of counsel from 06/26/2025 to 07/07/2025 filed by Attorney Marissa D. Pizana for Appellees Patricia Anne Coyne-Fague, Joseph F. Jankowski, Kimberly Kane, Kathleen A. Lyons, Rafferty, Wayne T. Salisbury, Jr., Daniel N. Valicenti and Lori Ventituolo. Served on 05/15/2025. [25-1276] (MDP) [Entered: 05/15/2025 11:29 AM] |
| LETTER sent to Appellant Gino Rotondo, Sr. regarding the Transcript Report/Order Form. [25-1276] (ATC) [Entered: 05/02/2025 03:12 PM] |
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ORDER granting motion to extend time to file opening forms filed by Appellant Gino Rotondo, Sr. Transcript report/order form due 05/27/2025 . [25-1276] (ATC) [Entered: 05/02/2025 03:08 PM]
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| NOTICE to the Appellate regarding Judge McElroy's recusal filed by Appellant Gino Rotondo, Sr. Certificate of service was not included. [25-1276] (ATC) [Entered: 05/01/2025 03:08 PM] |
| MOTION to extend time to file a transcript report/order form filed by Appellant Gino Rotondo, Sr. Certificate of service was not included. [25-1276] (ATC) [Entered: 05/01/2025 09:42 AM] |
| NOTICE to the Appellate filed by Appellant Gino Rotondo, Sr. Certificate of service was not included. [25-1276] (ATC) [Entered: 05/01/2025 03:06 PM] |
| NOTICE to the Appellate filed by Appellant Gino Rotondo, Sr. Certificate of service was not included. [25-1276] (ATC) [Entered: 04/25/2025 03:37 PM] |
| NOTICE of default issued. Appellant failed to file a transcript report/order form by the deadline. If transcripts are necessary for this appeal, appellant is directed to file a transcript order form by 04/25/2025 . Absent a timely response, this court will set a briefing schedule, if appropriate. [25-1276] (ATC) [Entered: 04/11/2025 11:03 AM] |
| NOTICE of appearance on behalf of Appellees Wayne T. Salisbury, Jr., Kimberly Kane, Lori Ventituolo, Patricia Anne Coyne-Fague, Daniel N. Valicenti, Kathleen A. Lyons, Joseph F. Jankowski and Rafferty filed by Attorney Marissa Danielle Pizana. Served on 04/03/2025. [25-1276] (MDP) [Entered: 04/03/2025 10:58 AM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge: We construe appellant's motion seeking "emergency Zoom hearing" as a motion for a hearing. The motion is DENIED, as it appears that a copy of the same motion currently is pending in district court proceeding 1:25-cv-00073-MRD-PAS. This ruling is without prejudice to any action the district court might take on the request. [25-1276] (ATC) [Entered: 03/28/2025 09:13 AM]
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| NOTICE of appearance on behalf of Appellees Kimberly Kane and Daniel N. Valicenti filed by Attorney Benjamin Austin Lee. Served on 03/26/2025. [25-1276] (BAL) [Entered: 03/26/2025 02:52 PM] |
| SUPPLEMENTAL record filed. Docket entries: 145. Text order transmitting motion for consideration. [25-1276] (AL) [Entered: 03/26/2025 09:14 AM] |
| MOTION for Zoom Hearing filed by Appellant Gino Rotondo, Sr. Certificate of service was not included. [25-1276] (AL) [Entered: 03/26/2025 09:31 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #141) filed by Appellant Gino Rotondo, Sr. Transcript Report/Order form and Fee due 04/03/2025 . [25-1276] (ATC) [Entered: 03/20/2025 12:57 PM] |
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