Adams v. The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center et al
| Sanders Lamar Adams |
| The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center, The Office of the Director of Quality Care and Improvment for Persons with Disabilities, Georgette Lozier, Kevin Lynch, The Office of the Commissioner of the New York State Office of Mental Health, Donald Sawyer, PH.D, Kathy Iverson, Anita James LaRosa, Mrs. C Fuller, Nancy Abbinanti, Bridget Clyburn, Brian Woodruff, Lola Occhiogrosso, Ralph Jones, Loraine Hinson Spearman, Joe Traber, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, Marie Disanza, Dr. Bon C. Coo, Sidney Hirschfeld, Adam Bogin, Dr. Regina Miles, Dr. Cecilia Leonard, Dr. Minhaj Siddiqi, Mark Russ, The Office of the Director of MEntal Hygiene Legal Services at Southport Correctional Facility, Winnie (Shukwah) Chan, Jeey Ae Seo, Mitchell Doe, Peter Tomaino, Gayle Goodwin, The Office of the Superintendent of Southport Correctional Facility, Donald Selsky, TheCommissioner of the New York State Department of Correctional Services, The Director of the Queens General Hospital Mental Hygiene Legal Services, Israel Flammenbaum, Chantal Weinhold, The Office of the Director of Milestone Residence, Chief Felton, The Office of the District Attorney of Queens County, Honorable Allen B. Weiss and Dr. Leslie Antoine |
| 1:2008cv03888 |
| February 2, 2009 |
| US District Court for the Eastern District of New York |
| Civil Rights: Other Office |
| Kings |
| Lois Bloom |
| Dora Lizette Irizarry |
| Plaintiff |
| Federal Question |
| Both |
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| Filing 119 CLERK'S JUDGMENT in favor of The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center, Bridget Clyburn, Chantal Weinhold, Georgette Lozier, Mark Russ, Nancy Abbinanti against Sanders Lamar Adams. ORDERED and ADJUDGED that plaintiff's remaining claims of involuntary commitment against the "Zucker defendants" (i.e., Office of the Director of Risk Management at the Zucker Hillside Hospital, Mark Russ, Lola Occiogrosso, Chantal Weinhold, Bridget Clyburn, Nancy Abbinati, and George Lozier) are dismissed for lack of personal involvement; that the case is dismissed; that pursuant to 28 U.S.C. 1915(a)(3) any appeal from the Court's Order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal. Ordered by Robert C. Heinemann, Clerk of Court on 8/10/2011. C-E/M, C/M. (Layne, Monique) |
ORDER OF DISMISSAL - By Order dated June 28, 2011, the court adopted in full the Report and Recommendations issued by the Hon. Lois Bloom, U.S.M.J., on dated May 11, 2011, and dismissed nearly all of the claims brought by plaintiff. However, in deference to plaintiff's pro se status, the court allowed plaintiff to show cause no later than August 1, 2011, why his remaining claims for involuntary commitment against the "Zucker defendants'" (i.e., Office of the Director of Risk Management at the Zucker Hillside Hospital, Mark Russ, Lola Occhiogrosso, Chantal Weinhold, Bridget Clyburn, Nancy Abbinati, and Georgette Lozier) should not be dismissed for lack of personal involvement. To date, plaintiff has not complied with this court's order to show cause. Accordingly, these remaining claims are also DISMISSED. As such, the entire case is now DISMISSED. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to close this case and to mail to pro se plaintiff a copy of this Electronic Order. SO ORDERED by Judge Dora Lizette Irizarry on 8/9/2011. (Irizarry, Dora)
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| Filing 118 Letter to plaintiff with court order and aff of service by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center (Cridland, Peter) |
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ORDER GRANTING in part and denying in part #85 Motion for Judgment as a Matter of Law; adopting Report and Recommendations as to #117 Report and Recommendations.; ORDER GRANTING #103 Fully Briefed MOTION for Summary Judgment filed by Kathy Iverson, AND GRANTING #94 AND #101 Fully Briefed MOTION for Summary Judgment filed by Brian Woodruff upon adoption of Report and Recommendations -- It appears that no objections have been filed to the Report and Recommendation ("R&R") of the Hon. Lois Bloom, U.S.M.J., dated May 11, 2011. Upon due consideration, the R&R is hereby adopted in full. Accordingly, it is hereby ORDERED that defendants Kathy Iverson's and Brian Woodruff's motions for summary judgment are GRANTED and the claims against them DISMISSED. It is further ORDERED that the "Zucker defendants'" (i.e., Office of the Director of Risk Management at the Zucker Hillside Hospital, Mark Russ, Lola Occhiogrosso, Chantal Weinhold, Bridget Clyburn, Nancy Abbinati, and Georgette Lozier) motion for summary judgment is GRANTED IN PART AND DENIED IN PART. As set forth at pages 14-15 of the R&R, pro se Plaintiff is hereby ORDERED TO SHOW CAUSE NO LATER THAN AUGUST 1, 2011, why his remaining claims against the Zucker defendants for involuntary commitment should not be dismissed for lack of personal involvement. The Zucker Defendants are directed to serve a copy of this Electronic Order and the R&R upon plaintiff within five days of this Order and immediately thereafter electronically file proof of such service with the court. The Clerk of the Court shall note the termination of the Iverson and Woodruff defendants on the docket. The case shall remain open to permit pro se plaintiff the opportunity to reply to the court's Order to Show Cause. SO ORDERED by Judge Dora Lizette Irizarry on 6/28/2011. (Irizarry, Dora)
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Filing 117
REPORT AND RECOMMENDATIONS, For the following reasons, it is respectfully recommended that defts Kathy Iverson's and Brian Woodruff's motions for summary judgment should be granted and defts the Office of the Director of Risk Management at the Zucker Hillside Hospital, Mark Russ, Lola Occhiogrosso, Chantal Weinhold, Bridget Clyburn, Nancy Abbinati, and Georgette Lozier's (the "Zucker defts") motion for summary judgment should be granted in part and denied in part. I also recommend that the Court, after providing pltff with notice and 30 days to respond, should consider granting the Zucker defts summary judgment independent of their motion pursuant to Rule 56(f) of the FRCP for the reasons stated herein. The parties shall have 14 days from service of this Report to file written objections. (Ordered by Magistrate Judge Lois Bloom on 5/11/2011) c/m (w/enc.) (Galeano, Sonia)
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| Filing 116 NOTICE of Change of address filed by Sanders Lamar Adams. (Docket Sheet Updated) (Galeano, Sonia) |
| Filing 115 Letter re: no opp to SJ by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center (Cridland, Peter) |
| Filing 114 Letter advising no opposition received from plaintiff and requesting that the Court consider Defendant Iverson's motion unopposed by Kathy Iverson (Anello, Rachael) |
| Filing 113 Letter advising no opposition received from plaintiff and requesting our motion for summary judgment be submitted unopposed by Brian Woodruff (McPhilliamy, John) |
| Motions terminated, docketed incorrectly: #86 Final MOTION for Judgment as a Matter of Law EXHIBITS [non-state defendants] filed by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center --- This entry is not a separate motion; it is exhibit(s) to motion #85 . (Irizarry, Dora) |
| Filing 112 Letter advising of the correct motion for summary judgment to be withdrawn by Brian Woodruff (McPhilliamy, John) |
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Filing 111
ORDER, Pltff has not opposed defts' motions, but in an abundance of caution, the Court gives pltff another chance: he shall oppose the motions by 2/25/11. If pltff fails to oppose the motions by 2/25/11, the Court will consider the motions unopposed. By letter dated 10/28/10, pltff withdrew all of his claims against the state defts with the exception of "Kathleen Iverson." The Clerk is directed to terminate pltff's case against defts "The Office of the Director of Risk Management at the Creedmoor Psychiatric Center," Kevin Lynch, Anita James LaRosa, Mrs. C. Fuller, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, Dr. Bon C. Coo, Chief Felton, and Dr. Leslie Antoine. (Ordered by Magistrate Judge Lois Bloom on 2/7/2011) c/m (Galeano, Sonia)
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| Filing 110 Letter informing the Court that the plaintiff pro se has not served any opposition papers to date and informing the Court that Defendant Iverson's motion for summary judgment is submitted unopposed by Kathy Iverson (Anello, Rachael) |
| Filing 109 NOTICE by Kathy Iverson re #103 Fully Briefed MOTION for Summary Judgment notice of motion LOCAL RULE 56.2 NOTICE TO PRO SE LITIGANT (Attachments: #1 Exhibit, #2 Certificate of Service) (Anello, Rachael) |
| Filing 108 AFFIDAVIT/DECLARATION in Support re #103 Fully Briefed MOTION for Summary Judgment notice of motion DECLARATION OF RACHAEL ANELLO filed by Kathy Iverson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Anello, Rachael) |
| Filing 107 AFFIDAVIT/DECLARATION in Support re #103 Fully Briefed MOTION for Summary Judgment notice of motion DECLARATION OF LESLIE ANTOINE filed by Kathy Iverson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Anello, Rachael) |
| Filing 106 AFFIDAVIT/DECLARATION in Support re #103 Fully Briefed MOTION for Summary Judgment notice of motion Declaration of Kathy Iverson filed by Kathy Iverson. (Anello, Rachael) |
| Filing 105 RULE 56.1 STATEMENT re #103 Fully Briefed MOTION for Summary Judgment notice of motion filed by Kathy Iverson. (Anello, Rachael) |
| Filing 104 MEMORANDUM in Support re #103 Fully Briefed MOTION for Summary Judgment notice of motion filed by Kathy Iverson. (Anello, Rachael) |
| Filing 103 Fully Briefed MOTION for Summary Judgment notice of motion by Kathy Iverson. Responses due by 2/4/2011 (Attachments: #1 Certificate of Service) (Anello, Rachael) |
| Filing 102 Letter informing the Court that the plaintiff pro se has not served any opposition papers to date and informing the Court that our motion for summary judgment will be submitted unopposed by Brian Woodruff (McPhilliamy, John) |
| Filing 101 Fully Briefed MOTION for Summary Judgment by Brian Woodruff. Responses due by 1/11/2011 (Attachments: #1 Exhibit A - Summons & Complaint, #2 Exhibit B - Answer, #3 Exhibit C - Order, #4 Exhibit D - Order, #5 Exhibit E - Part 1 Hospital Records, #6 Exhibit E - Part 2 Hospital Records, #7 Exhibit E - Part 3 Hospital Records, #8 Exhibit F - Order, #9 Affidavit Affidavit of Larisa Maslic, #10 Affidavit Affidaivit of Brian Woodruff) (McPhilliamy, John) (Additional attachment(s) added on 5/13/2011: #11 exhibit E_Part1, #12 exhibit E_Part2, #13 exhibit E_Part3, #14 exhibit E_Part4, #15 exhibit E_Part5, #16 exhibit E_Part6, #17 exhibit E_Part7, #18 exhibit E_Part8, #19 exhibit E_Part9, #20 exhibit E_Part10, #21 exhibit E_Part11, #22 exhibit E_Part12, #23 exhibit E_Part13, #24 exhibit E_Part14, #25 exhibit E_Part15, #26 exhibit E_Part16_Part1, #27 exhibit E_Part16_Part2, #28 exhibit E_Part16_Part3, #37 exhibit E_Part16_Part4, #38 exhibit E_Part17_Part1, #39 exhibit E_Part17_Part2, #40 exhibit E_Part17_Part3, #41 exhibit E_Part17_Part4, #42 exhibit E_Part18_Part1, #43 exhibit E_Part18_Part2, #44 exhibit E_Part18_Part3, #45 exhibit E_Part18_Part4, #46 exhibit E_Part19_Part1, #47 exhibit E_Part19_Part2, #48 exhibit E_Part19_Part3, #49 exhibit E_Part19_Part4, #50 exhibit E_Part20_Part1, #51 exhibit E_Part20_Part2, #52 exhibit E_Part20_Part3, #53 exhibit E_Part20_Part4, #54 exhibit E_Part21_Part1, #55 exhibit E_Part21_Part2, #56 exhibit E_Part21_Part3, #57 exhibit E_Part21_Part4, #58 exhibit E_Part22_Part1, #59 exhibit E_Part22_Part2, #60 exhibit E_Part22_Part3, #61 exhibit E_Part22_Part4, #62 exhibit E_Part23, #63 exhibit E_Part24, #64 exhibit E_Part25, #65 exhibit E_Part26, #66 exhibit E_Part27, #67 exhibit E_Part28, #68 exhibit E_Part29, #69 exhibit E_Part30_Part1, #70 exhibit E_Part30_Part2, #71 exhibit E_Part30_Part3, #72 exhibit E_Part30_Part4) (Marziliano, August). Modified on 5/13/2011 to add Exhibit E under case participant restriction as per Judge Bloom's order. (Marziliano, August). |
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Filing 100
ORDER: The Court grants plaintiff's #98 request for an extension of time to oppose defendant Woodruff's motion for summary judgment. Plaintiff shall serve defendant Woodruff's counsel with his opposition by 12/21/2010, and defendant Woodruff shall file his reply, along with the fully-briefed motion, by 1/11/2011. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 11/22/2010) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 99 Letter indicating proof of service of additional copy of summary judgment motion by Brian Woodruff (McPhilliamy, John) |
| Filing 98 MOTION / Letter dated 11/12/10 from Sanders Lamar Adams to USMJ Bloom, re: deft's re-filed motion for summary judgment. Pltff states that deft's are aware of Mr. Adams current address and yet he never received an amended copy of defts re-filed motion for summary judgment. Pltff request that "he be given the same amount of time (to file his response at a different date) from the date of receipt of deft's motion." (Galeano, Sonia) (Modified) |
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ENDORSED ORDER ON DOC. #97, granting #97 Motion for Extension of Time to File. State defts' shall have until 12/10/10 to serve their summary judgment motion. Pltff's opposition, if any, shall be served by 1/21/11 and State defts' reply shall be served by, and fully briefed motion electronically filed with the Court on 2/4/11. (Ordered by Magistrate Judge Lois Bloom on 11/15/2010) C/M (Galeano, Sonia)
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| Filing 97 Letter MOTION for Extension of Time to File motion for summary judgment by Leslie Antoine, Chief Felton, Dr. Bon C. Coo, Kathy Iverson, Anita James LaRosa, Kevin Lynch, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center. (Anello, Rachael) |
| Filing 96 Letter MOTION for Extension of Time to File motion for summary judgment by Leslie Antoine, Chief Felton, Dr. Bon C. Coo, Kathy Iverson, Anita James LaRosa, Kevin Lynch, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center. (Anello, Rachael) |
| Filing 94 MOTION for Summary Judgment by Brian Woodruff. (Attachments: #1 Affidavit Brian Woodruff, #2 Affidavit Larisa Maslic, #3 Exhibit A Summons & Complaint, #4 Exhibit B Answer, #5 Exhibit C Order of 2/02/10, #6 Exhibit D Order of 10/21/10, #7 Exhibit E Part 1 of 3 Co-def LIJ Records, #8 Exhibit E Part 2 of 3 Co-def LIJ Records, #9 Exhibit E Part 3 of 3 Co-def LIJ Records, #10 Exhibit F Order of 8/2008, #11 Affidavit of Service) (McPhilliamy, John) |
| Filing 95 Letter dated 10/28/10 from Sanders Lamar Adams to USMJ Bloom, informing Your Honor that pltff is withdrawing all of his claims against the state defts except Kathleen Iverson. Pltff request that "the claims against the same be dismissed voluntarily." (Galeano, Sonia) |
| Woodruff's #82 Motion for Summary Judgment has been withdrawn. See Judge Bloom's #93 Order, dated 10/21/10. (Latka-Mucha, Wieslawa) |
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Filing 93
ORDER, The Court has reviewed Woodruff's motion for summary judgment and notes that the motion lacks the requisite Notice to Pro Se Litigants under Local Rule 56.2. Any judgment in favor of Woodruff would be subject to reversal based on this defect. Accordingly, deft Woodruff shall withdraw his motion for summary judgment, without prejudice to re-filing the motion for summary judgment, with proper notice to pltff, in complinace with Local Rules 56.1 and 56.2 by 11/3/10. Pltff shall oppose Woodruff's refiled motion by 11/24/10 and deft may reply by 12/8/10. (Ordered by Magistrate Judge Lois Bloom on 10/21/2010) c/m (Galeano, Sonia)
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| Filing 91 Letter reserving right to depose plaintiff by Brian Woodruff (McPhilliamy, John) |
| Filing 92 Letter dated 10/15/10 from Sanders Lamar Adams to USMJ Bloom, re: objection to the private defts request to depose pltff. (Galeano, Sonia) |
| Defendants' #90 Request for pre-motion conference for leave to file motion for summary judgment is denied, as per Judge Irizarry's Electronic Order dated 10/18/2010. (Latka-Mucha, Wieslawa) |
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ORDER REFERRING MOTIONS #85 Final MOTION for Judgment as a Matter of Law filed by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center, #82 MOTION for Summary Judgment filed by Brian Woodruff, #86 Final MOTION for Judgment as a Matter of Law EXHIBITS [non-state defendants] filed by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center AND DENYING #90 Letter MOTION for pre motion conference leave to file motion for summary judgment filed by Anita James LaRosa, Loraine Hinson Spearman, Kevin Lynch, Chief Felton, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, Leslie Antoine, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center, Kathy Iverson, Dr. Bon C. Coo ----- The state defendants pre-motion conference request, #90 is denied as unnecessary. State defendants may proceed with their summary judgment motion according to the briefing schedule proposed in their October 14, 2004 letter. The state defendants summary judgment motion, along with the summary judgment motions previously filed in this action, docket entries 82 & 85, are hereby referred to Magistrate Judge Bloom for a Report & Recommendation. The parties are advised that the three summary judgment motions will be decided jointly by the court. So Ordered by Judge Dora Lizette Irizarry on 10/18/2010. (Irizarry, Dora)
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| Filing 90 Letter MOTION for pre motion conference leave to file motion for summary judgment by Leslie Antoine, Chief Felton, Dr. Bon C. Coo, Kathy Iverson, Anita James LaRosa, Kevin Lynch, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center. (Anello, Rachael) |
| Filing 89 MANDATE of USCA as to #75 Notice of Appeal filed by Sanders Lamar Adams. It is Ordered that the appeal is dismissed effective 7/16/10 for failure to pay filing fee or move for IFP. See document for further details. Issued as Mandate: 9/24/10. USCA#10-2363. (McGee, Mary Ann) |
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Filing 88
ORDER endorsed on doc.#87 : Defendants' counsel shall write to Judge Irizarry by 10/15/10 if they intend to move for summary judgment. Any such letter should set forth the basis for the motion as well as a proposed briefing schedule. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 9/3/2010.) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 87 Letter regarding discovery update by Leslie Antoine, Chief Felton, Dr. Bon C. Coo, Kathy Iverson, Anita James LaRosa, Kevin Lynch, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center (Anello, Rachael) |
| Filing 86 Final MOTION for Judgment as a Matter of Law EXHIBITS [non-state defendants] by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center. Responses due by 8/6/2010 (Cridland, Peter) |
| Filing 85 Final MOTION for Judgment as a Matter of Law by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center. Responses due by 8/6/2010 (Cridland, Peter) |
| Filing 84 Letter to Mag. Bloom encl SJ motion by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center (Cridland, Peter) |
| Filing 83 Letter advising no opposition recevied from pro se plaintiff by Brian Woodruff (McPhilliamy, John) |
| Filing 82 MOTION for Summary Judgment by Brian Woodruff. Responses due by 7/23/2010 (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Our Answer, #3 Exhibit Order, #4 Exhibit Order, #5 Affidavit Maslic, #6 Affidavit Woodruff, #7 Certificate of Service) (McPhilliamy, John) |
| Filing 81 Letter dated 7/28/10 from pro se Sanders Lamar Adams to Judge Bloom, advising that plaintiff's correct address is: Creedmoor Psychiatric Center, 80-45 Winchester Boulevard, Building # 40, Queens Village, NY 11427 and stating that the undersigned received the Court's 7/6/10 Order, granting his request for an extension of time, "after the July 23, 2010 deadline expired."(Plaintiff's address updated) (Latka-Mucha, Wieslawa) |
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Filing 80
ORDER granting #78 Motion for Extension of Time to File Response/Reply. In an abundance of caution, the Court shall grant plaintiff one final 30-day extension to serve his opposition for defendants' motion for summary judgment on the private defendants' counsel by 7/23/10. The private defendants shall serve any reply and file the fully briefed motion electronically by 8/6/10. No further extension request by plaintiff shall be considered by the Court. If plaintiff fails to oppose defendants' motion by 7/23/10, the Court shall consider the motion unopposed. Ordered by Magistrate Judge Lois Bloom on 7/2/2010. C/M (Manuel, Germaine)
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| Filing 79 Letter to Mag. Bloom in opp to plaintiff's request for extension by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center (Cridland, Peter) |
| Filing 78 Letter MOTION for Extension of Time to File Response/Reply filed by Sanders Lamar Adams. Petitioner requests an additional 45 days to prepare a response and obtain funds. Affirmation of Service is attached. (Manuel, Germaine) |
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Filing 77
ORDER granting #76 Motion for Extension of Time to Complete Discovery. SO ORDERED. Ordered by Magistrate Judge Lois Bloom on 6/21/2010. C/M (Manuel, Germaine)
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| Filing 76 Letter MOTION for Extension of Time to Complete Discovery by Leslie Antoine, Chief Felton, Dr. Bon C. Coo, Kathy Iverson, Anita James LaRosa, Kevin Lynch, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center. (Anello, Rachael) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. #50 Motion for Extension of Time to File Response/Reply, #24 Summons Returned Executed, #38 Order,,,, #59 Order on Motion for Extension of Time to File,,, #9 Summons Returned Executed, #22 Summons Returned Executed, #54 Motion for Extension of Time to File, #69 Unsigned Order to Show Cause, #44 Letter, #42 Order,, #36 Mail Returned, #28 Order on Motion for Extension of Time to Answer, #71 Motion to Appoint Counsel, #73 Motion to Appoint Counsel, #67 Motion for TRO, #43 Letter,, #1 Complaint,,,,, #47 Order on Motion to Substitute Attorney, #31 Scheduling Order, #53 Scheduling Order, #39 Letter, #2 Motion for Leave to Proceed in forma pauperis, #3 Notice of Related Case, #35 NOTICE of Change of Address/Firm/Email, #19 Summons Returned Executed, #37 Initial Conference Hearing, #33 Scheduling Order, #4 Order on Motion for Leave to Proceed in forma pauperis,,,,,,,,, #65 NOTICE of Change of Address/Firm/Email, #26 Notice of Appearance, #58 Mail Returned, #27 Motion for Extension of Time to File Answer, #17 Summons Returned Executed, #25 Summons Returned Executed, #70 Order,,,,,,, #68 Order on Motion for TRO,, #11 Summons Returned Executed, #61 Letter, #72 Order on Motion to Appoint Counsel, #66 Order,, #5 Summons Issued,, #62 Order,, #20 Summons Returned Executed, #60 Mail Returned, #40 Letter, #23 Summons Returned Executed, #16 Summons Returned Executed, #29 Answer to Complaint, #14 Summons Returned Executed, #48 Order,,,, #6 Answer to Complaint, #41 Order,,, #32 Scheduling Order,,, #34 Order,, #64 Letter, #46 Motion to Substitute Attorney, #8 Motion for Extension of Time to File Answer, #13 Summons Returned Executed, #57 Summons Returned Executed, #30 Notice(Other), #7 Summons Returned Unexecuted, #12 Summons Returned Executed, #51 Order on Motion for Extension of Time to File Response/Reply, #10 Summons Returned Executed, #49 Summons Reissued, #74 Order on Motion to Appoint Counsel, #18 Order on Motion for Extension of Time to Answer, #15 Summons Returned Executed, #75 Notice of Appeal, #63 Letter, #56 NOTICE of Change of Address/Firm/Email, #52 Answer to Complaint, #21 Summons Returned Executed, #45 Letter, #55 Letter (Gonzalez, Mary) |
| Filing 75 NOTICE OF APPEAL as to #70 Order, by Sanders Lamar Adams. No Fee Paid. IFP was Revoked for purposes of an Appeal. NOA served ECF (Gonzalez, Mary) |
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Filing 74
ORDER: Plaintiff's #73 amended application for pro bono counsel is denied without prejudice. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 5/28/2010) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 73 Amended MOTION to Appoint Counsel (w/ Amended Notice of Motion to Appoint Counsel and Affirmation of Service attached) filed by Sanders Lamar Adams. (Galeano, Sonia) |
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Filing 72
ORDER: On 5/13/2010, plaintiff filed a request for pro bono counsel. There is no right to counsel in a civil case. Plaintiff's complaint does not establish the threshold requirement that their claim is "likely to be of substance" at this juncture. Therefore, plaintiff's #71 application for pro bono counsel is denied without prejudice. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 5/17/2010) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 71 MOTION to Appoint Counsel (w/ Affirmation of Service attached) filed by Sanders Lamar Adams. (Galeano, Sonia) |
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Filing 70
SUMMARY ORDER, Much like pltff's first application, a liberal construction of the instant application reveals no explanation of how current and future retention at the Creedmoor Hospital (or one of its sister facilities) will cause pltff irreparable harm. Moreover, pltff has not demonstrated a likelihood of success on the merits of his claims. Regarding pltff's argument that the lack of law library access at Creedmoor violates his right of access to the courts, and has prevented him from preparing a memorandum of law in support of injunctive relief, access to a law library is not required if the pltff has other means of accessing the courts. Here, pltff has access to Mental Hygiene Legal Services, a NYS agency that has provided him legal representation with regard to his hospitalization. Accordingly, this argument is rejected and the application for injunctive relief is denied in its entirety. Regarding the appeal of Judge Bloom's Order, pltff argues that, if his hospitalization extends past the June 23 deadline, his lack of law library access will render it impossible to respond to the defts' summary judgment motion in a non-frivolous manner, thereby violating his right to access the courts. Pltff's "right of access" claim is rejected for the reasons set forth above. Moreover, the deadlines set by Judge Bloom are not "clearly erroneous" or "contrary to law," but rather are reasonable under the circumstances of this case. In short, the appeal is denied, and the deadline remains in effect. The Clerk of the Court is hereby directed to mail a copy of this Order to the pltff. Service on defts via ECF shall suffice. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. (Ordered by Judge Dora Lizette Irizarry on 5/11/2010) c/m (Galeano, Sonia)
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| Filing 69 (Unsigned) Order to Show Cause for Preliminary Injunction and Temporary Restraining Order, filed by Sanders Lamar Adams. (w/ Affirmation of Service, Affirmation in Support and Exhibits attached) (Galeano, Sonia) |
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Filing 68
ORDER, Even construing pltff's pro se application liberally, there is no explanation of how current and future retention at the Creedmoor Hospital will cause him irreparable harm. Moreover, pltff has not demonstrated a likelihood of success on the merits of his claims. Therefore, the #67 Motion for TRO is denied in its entirety without prejudice. The Clerk of the Court is hereby directed to serve a copy of this Order on the pltff. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal.(Ordered by Judge Dora Lizette Irizarry on 5/7/2010) c/m (Galeano, Sonia)
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| Filing 67 MOTION for Temporary Restraining Order and Order directing defts to show cause why they should not be preliminary enjoined from retaining him at the Creedmoor Pyschiatric Hospital, etc., filed by Sanders Lamar Adams. (Galeano, Sonia) |
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Filing 66
ORDER, Pltff's request for a 60 day extension of time from the date of his release from Creedmoor to respond to the motions for summary judgment and to serve discovery requests on the state defts, is granted in part. The Court set 5/17/10 as the deadline for the pltff and state defts to complete all discovery. The Court grants pltff a 60 day extension of time and resets the deadlines as follows: Pltff shall oppose defts' motions for summary judgment by 6/23/10. The deadline for pltff and the state defts to complete all discovery is extended to 7/19/10. (Ordered by Magistrate Judge Lois Bloom on 4/23/2010) c/m (Galeano, Sonia)
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| Filing 65 NOTICE of Change of Address and REQUEST for a 60 day extension of time to respond to deft Brian Woodruff's motion for summary judgment; serve discovery requests on the state defts; respond to the private defts (Long Island Jewish Medical Center) motion for summary judgment; and respond to any other request, motion, etc. made by the court or defts. (Docket Sheet Updated) (Galeano, Sonia) |
| Filing 64 Letter in response to plaintiff's request for an extension to file opposition papers by Brian Woodruff (McPhilliamy, John) |
| Filing 63 Letter to Maj. Bloom re: plaintiff requests adj. by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center (Cridland, Peter) |
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Filing 62
ORDER: The Court sets May 17, 2010 as the deadline for plaintiff and the state defendants to complete all discovery. Before requesting the Court's assistance regarding a discovery dispute, the parties must make a good faith effort to resolve the dispute with one another. If the state defendants intend to file a motion for summary judgment, defendants' counsel shall write to Judge Irizarry by 5/31/2010. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 3/24/2010) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 61 Letter with Affidavit of service for SJ motion by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center (Cridland, Peter) |
| Filing 60 Mail Returned as Undeliverable. Mail sent to Sanders Lamar Adams at Zucker Hillside Hospital, a division of LIJ Medical Center, 75-59 263rd Street, Glen Oaks, NY 11004. Postal notation: "Pt Discharged. Return To Sender." Document returned: Copy of the Court's #53 Order dated 1/6/10. (Latka-Mucha, Wieslawa) |
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Filing 59
ORDER: By letter dated 2/4/2010, the private defendants state that they are in settlement negotiations and request an extension of time to file their summary judgment motion. Defendants' #54 request is granted. The Court resets the briefing schedule as follows: defendants shall serve their motion for summary judgment by 3/19/2010; plaintiff shall oppose defendants' motion by 4/19/2010 and defendants shall serve any reply and file the fully briefed motion electronically by 5/3/2010. If the parties believe a settlement conference would be helpful to resolve the case, defendants' counsel shall write to the Court to schedule a conference by 2/17/2010. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 2/5/2010) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 58 Mail Returned as Undeliverable, "D/C Return to Sender." USMS Process Receipt and Return previously sent to Sanders Lamar Adams. (Galeano, Sonia) |
| Filing 57 SUMMONS Returned Executed by Sanders Lamar Adams. Nancy Abbinanti served on 1/12/2010, answer due 2/2/2010. (Galeano, Sonia) |
| Filing 55 Letter enclosing Affidavits of Service by Brian Woodruff (McPhilliamy, John) |
| Filing 54 MOTION / Letter requesting extension by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center (Cridland, Peter) (Modified) |
| Filing 56 NOTICE of Change of Address filed by Sanders Lamar Adams. Pltff states that "his mail has been going to the Long Island Jewish Medical Center and have not yet had his mail forwarded to his current location at Creedmoor Stepping Stones Transitional Residence." Petitioner request "that defense attorneys for Long Island Jewish Medical Center, see to it that pltff's mail be forwarded to his current location." (Docket Sheet Updated) (Galeano, Sonia) |
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Filing 53
ORDER: Defendant Abbinanti #52 answered the complaint on 12/23/2009. The Court hereby resets the private defendants' briefing schedule as follows: defendants shall serve their motion for summary judgment by 2/5/2010; plaintiff shall oppose defendants' motion by 3/5/2010 and defendants shall serve any reply and file the fully briefed motion electronically by 3/19/2010. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 1/6/2010) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 52 ANSWER to Complaint by Nancy Abbinanti. (Cridland, Peter) |
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Filing 51
ORDER endorsed on doc.#50 : The application is granted. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 12/8/2009) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 50 Letter MOTION for Extension of Time to File Response/Reply as to #48 Order,,,, to produce transcript to plaintiff by Leslie Antoine, Chief Felton, Dr. Bon C. Coo, Anita James LaRosa, Kevin Lynch, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center. (Anello, Rachael) |
| Filing 49 SUPPLEMENTAL SUMMONS Reissued as to Nancy Abbinanti. (Latka-Mucha, Wieslawa) |
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Filing 48
ORDER: By #43 letter dated 11/3/2009, plaintiff notified the Court that he is currently involuntarily hospitalized at Zucker Hillside Hospital and that he is concerned defendants will "tamper with the transcripts" and again requests a copy of the "May 22, 2007 Order." Defendants cannot provide plaintiff with a document they do not have or may not exist. However, to the extent that there are minutes from a May 22, 2007 court proceeding, defendants shall produce these to plaintiff by 12/7/2009. By #45 letter dated 11/5/2009, the private defendants provided the following address where defendant Abbinanti may currently be served: Nancy Abbinanti, Long Island Jewish Medical Center, 270-05 76th Avenue, Basement Room C-12, New Hyde Park, New York 11040. The Clerk of Court is directed to prepare the necessary papers to have defendant Abbinanti served with process. The United States Marshals Service is directed to serve the summons and complaint on defendant Abbinanti at the above address. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 11/16/2009) C/mailed. (Inter-Off. Svc. upon the U.S.M.S.) (Latka-Mucha, Wieslawa)
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Filing 47
ORDER endorsed on doc.#46 : SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 11/16/2009) C/mailed. (Added attorney John A. McPhilliamy for Brian Woodruff. Attorney Lawrence W. Rosenblatt terminated) (Latka-Mucha, Wieslawa)
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| Filing 46 Letter MOTION to Substitute Attorney; filed by Andrew C. Tobman on behalf of Brian Woodruff, dated 10/30/2009. W/Attachments: #1 Substitution Based on Consent. (Latka-Mucha, Wieslawa) |
| Filing 45 Letter regarding address for service by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center (Cridland, Peter) |
| Filing 44 Letter regarding time to file SJ by The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center (Cridland, Peter) |
| Filing 43 Letter dated 11/3/09 Sanders Lamar Adams to USMJ Bloom, informing the Court that as of 10/08/09, petitioner is currently involuntarily hospitalized at the Zucker Hillside Hospital, a division of Long Island Jewish Medical Center. Petitioner request that this letter be treated as his response to the non-state defts letter claiming that they do not have the Order dated 5/22/07 filed at the Supreme Court of Queens, Mental Hygiene Part. Petitioner objects defts claim that no 5/22/07 order exists. Petitioner request a copy of such Order. (Galeano, Sonia) (Docket Sheet Updated re: Petitioner's current address) |
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Filing 42
ORDER: By #41 Order dated 9/22/2009, the Court directed counsel for the non-State defendants to provide a specific address where defendant Abbinanti may currently be served by 10/6/2009. Counsel has failed to provide a specific address and room number at Long Island Jewish Medical Center where defendant Abbinanti may be served. Counsel shall provide a specific address and room number where this defendant can be served by 11/12/2009. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 11/2/2009) C/mailed. (Latka-Mucha, Wieslawa)
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Filing 41
ORDER: By letter dated 9/21/2009, counsel for the non-State defendants statesthat proper service may be effectuated on defendant Abbinanti directly or at the Long Island Jewish Medical Center. For this reason, counsel for the non-state defendants is requested to provide a specific address where defendant Abbinanti can currently be served by 10/6/2009. Defendants' counsel for the non-state defendants also states that "we cannot agree... to accept service on [defendant Abbinanti's] behalf" but requests an extension of time to file defendants' summary judgment motion since "we will likely be defending Ms. Abbinanti." The Court grants defendants' #40 motion extension request and will reset the briefing schedule after defendant Abbinanti is served. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 9/22/2009) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 40 Letter dated 9/21/2009 from non-State defendants' counsel Lawrence W. Rosenblatt to Judge Bloom, stating that proper service may be effectuated on defendant Abbinanti directly or at the Long Island Jewish Medical Center, etc. (Latka-Mucha, Wieslawa) |
| Filing 39 Letter by Leslie Antoine, Chief Felton, Dr. Bon C. Coo, Anita James LaRosa, Kevin Lynch, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center (Anello, Rachael) |
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Filing 38
ORDER: Defendants' counsel stated he would not be pursuing an affirmative defense for lack of proper service pursuant to 4(e) on behalf of defendants Russ, Occhiogrosso, Weinhold, Clyburn, Woodruff and Lozier. Counsel for the State defendants shall send plaintiff medical releases and a copy of the Cullen decision as discussed during the conference and shall provide any last known address where service may be effected on defendant Abbinanti by 9/16/2009. Counsel for the non-State defendants requested permission to move for summary judgment and the Court set the following briefing schedule: the non-State defendants shall serve their motion for summary judgment by 10/15/2009; plaintiff shall oppose defendants' motion by 11/30/2009; and defendants shall serve any reply and file the fully briefed motion electronically by 12/14/2009. The Court hereby stays all discovery as to the non-State defendants until the motion is decided. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 9/4/2009) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 37 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Conference held on 9/2/2009. Recorded. Tick #(s) 3:30 - 4:52. Appearance for Plaintiff: Sanders Lamar Adams, pro se. Appearances for Defendants: Ms. Kelly; Lawrence Rosenblatt, Esq. & Jane R. Goldberg, Assistant Attorney General. (Plaintiff's address updated) (Latka-Mucha, Wieslawa) |
| Filing 36 Mail Returned as Undeliverable. Mail by FedEx - Tracking # 8690 9255 0817, sent to Sanders Lamar Adams at Queens General Hospital, Psychiatric Unit - A 4 West, 82-68 164th Street, Jamaica, NY 11432. Postal notation: "Patient Discharged. Return To Sender." Document returned: Copy of the Court's #33 Order, dated 8/10/2009. (Latka-Mucha, Wieslawa) |
| Filing 35 NOTICE of Change of Address; filed by Sanders Lamar Adams, dated 8/12/09. Plaintiff's address updated. (Copies of the Court's Orders dated 8/10/09 & 8/11/09 re-sent to plaintiff's updated address) (Latka-Mucha, Wieslawa) |
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Filing 34
ORDER: By Order #33 dated August 10, 2009, the Court adjourned the August 12, 2009 conference to September 2, 2009 at 3:00 p.m. in Room 11A of the United States Courthouse. However, the number for defendants' counsel listed in the August 10, 2009 Order was incorrect. Plaintiff should contact defendants' counsel, Rachel Anello at (212) 416-6165, to arrange an adjournment if he is not able to attend the conference. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 8/11/2009) C/mailed. (Latka-Mucha, Wieslawa)
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Filing 33
ORDER: The Court adjourns the August 12, 2009 conference to September 2, 2009 at 3:00 p.m. in Room 11A of the United States Courthouse. Plaintiff should contact defendants' counsel, Rachel Anello at (212) 416-6075, to arrange an adjournment if he is not able to attend the conference. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 8/10/2009) C/mailed. (Latka-Mucha, Wieslawa)
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Filing 32
ORDER: On June 18, 2009 plaintiff called the Court and stated that he is currently in the hospital and will be unable to attend the 7/1/2009 conference. Plaintiff requested that the Court update his address to: Queens General Hospital, Psychiatric Unit - A 4 West, 82-68 164th Street, Queens, NY 11432. Plaintiff also stated he did not have access to writing materials in order to submit a written request for an adjournment or to update his address. The Court hereby grants plaintiff's request for an adjournment. The Clerk of Court shall reflect the address above on the docket. The Court adjourns the 7/1/2009 conference to August 12, 2009 at 2:00 p.m. in Room 11A of the United States Courthouse. Plaintiff should contact defendants' counsel, Rachel Anello at (212) 416-6075, to arrange an adjournment if he is not able to attend the conference. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 6/25/2009) C/mailed. (Latka-Mucha, Wieslawa)
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Filing 31
ORDER: The Court shall hold an initial pretrial conference pursuant to Fed. R. Civ. P. 16 on July 1, 2009 at 2:00 p.m. in Room 11A of the United States Courthouse. No planning conference pursuant to Rule 26(f), Fed. R. Civ. P., shall be required at this time. Parties are advised that they must contact each other before making any request for an adjournment to the Court. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 6/3/2009) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 30 NOTICE by Nancy Abbinanti Notice of Withdrawal of Appearance of Jane R. Goldberg on behalf of Nancy Abbinanti (Anello, Rachael) |
| Filing 29 ANSWER to #1 Complaint,,,,, by Anita James LaRosa, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, Dr. Bon C. Coo, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center, Chief Felton, Leslie Antoine, Kevin Lynch, Kathy Iverson. (Anello, Rachael) |
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Filing 28
ORDER endorsed on doc.#27 : The application is granted. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 5/18/2009) C/mailed. (State Defendants' answers due by 6/3/2009) (Latka-Mucha, Wieslawa)
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| Filing 27 Letter MOTION for Extension of Time to File Answer by Anita James LaRosa, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, Dr. Bon C. Coo, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center, Chief Felton, Leslie Antoine, Kevin Lynch, Kathy Iverson. (Anello, Rachael) |
| Filing 26 NOTICE of Appearance by Rachael C. Anello on behalf of Anita James LaRosa, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, Dr. Bon C. Coo, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center, Chief Felton, Leslie Antoine, Kevin Lynch, Kathy Iverson (aty to be noticed) (Anello, Rachael) |
| Filing 25 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Chantal Weinhold served on 4/9/2009, answer due 4/29/2009. (Latka-Mucha, Wieslawa) |
| Filing 24 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Mark Russ served on 4/9/2009, answer due 4/29/2009. (Latka-Mucha, Wieslawa) |
| Filing 23 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Lola Occhiogrosso served on 4/9/2009, answer due 4/29/2009. (Latka-Mucha, Wieslawa) |
| Filing 22 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Brian Woodruff served on 4/9/2009, answer due 4/29/2009. (Latka-Mucha, Wieslawa) |
| Filing 21 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Bridget Clyburn served on 4/9/2009, answer due 4/29/2009. (Latka-Mucha, Wieslawa) |
| Filing 20 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Georgette Lozier served on 4/9/2009, answer due 4/29/2009. (Latka-Mucha, Wieslawa) |
| Filing 19 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center served on 4/9/2009, answer due 4/29/2009. (Latka-Mucha, Wieslawa) |
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Filing 18
ORDER endorsed on doc.#8 : Extension is granted, but not for the amount of time requested. Defendants shall respond to plaintiff's complaint by May 20, 2009. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 4/6/2009) C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 17 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Leslie Antoine served on 3/27/2009, answer due 4/16/2009. (Latka-Mucha, Wieslawa) |
| Filing 16 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Chief Felton served on 3/27/2009, answer due 4/16/2009. (Latka-Mucha, Wieslawa) |
| Filing 15 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams; Dr. Bon C. Coo served on 3/27/2009, answer due 4/16/2009. (Latka-Mucha, Wieslawa) |
| Filing 14 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center served on 3/27/2009, answer due 4/16/2009. (Latka-Mucha, Wieslawa) |
| Filing 13 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Loraine Hinson Spearman served on 3/27/2009, answer due 4/16/2009. (Latka-Mucha, Wieslawa) |
| Filing 12 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Anita James LaRosa served on 3/27/2009, answer due 4/16/2009. (Latka-Mucha, Wieslawa) |
| Filing 11 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Kathy Iverson served on 3/27/2009, answer due 4/16/2009. (Latka-Mucha, Wieslawa) |
| Filing 10 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. Kevin Lynch served on 3/27/2009, answer due 4/16/2009. (Latka-Mucha, Wieslawa) |
| Filing 9 SUMMONS Returned Executed on behalf of pro se Sanders Lamar Adams. The Office of the Director of Risk Management at the Creedmoor Psychiatric Center served on 3/27/2009, answer due 4/16/2009. (Latka-Mucha, Wieslawa) |
| Filing 8 Letter MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Anita James LaRosa, Nancy Abbinanti, Loraine Hinson Spearman, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, Dr. Bon C. Coo, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center, Chief Felton, Leslie Antoine, Kevin Lynch, Kathy Iverson. (Goldberg, Jane) |
| Filing 7 Summons Returned Unexecuted as to Nancy Abbinanti. See Remarks on USM-285 Form: "Sent out by mail dated 2/26/09. Returned Unexecuted 3/9/09." (Latka-Mucha, Wieslawa) |
| Filing 6 ANSWER to #1 Complaint,,,,, by Bridget Clyburn, Brian Woodruff, Lola Occhiogrosso, Mark Russ, The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center, Chantal Weinhold, Georgette Lozier. (Mandell, Steven) |
| Filing 5 Summons Issued as to The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center; The Office of the Director of Risk Management at the Creedmoor Psychiatric Center; Georgette Lozier; Kevin Lynch; Kathy Iverson; Anita James LaRosa; Nancy Abbinanti; Bridget Clyburn; Brian Woodruff; Dr. Lola Occhiogrosso; Lorraine Hinson Spearman; The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center; Dr. Leslie Antoine; Dr. Bon C. Coo; Dr. Mark Russ; Chantal Weinhold; and Chief Felton. (Latka-Mucha, Wieslawa) |
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Filing 4
ORDER GRANTING #2 Motion for Leave to Proceed in forma pauperis AND OF PARTIAL DISMISSAL - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, pro se plaintiff's application for leave to proceed in forma pauperis is GRANTED. It is further ORDERED that the complaint against the following defendants is DISMISSED, without prejudice: The Office of the Director of Quality Care and Improvement for persons with Disabilities; The Office of the Commissioner of NYS OMH; Donald Sawyer; Mrs. C. Fuller; Ralph Jones; Dr. Regina Miles; Dr. Cecilia Leonard; Dr. Minhaj Siddiqi; the Office of the Director of the Mental Hygiene Legal Services at Southport Correctional Facility; Peter Tomaino;Gayle Goodwin; the Superintendent of Southport Correctional Facility; Paul Chappius; Donald Spelsky; and the Office of the Commissioner of NYS DOS; AND IT IS FURTHER HEREBY ORDERED that the complaint is also DISMISSED against the Queens County District Attorney and the Honorable Allen B. Weiss, Joe Traber; Marie DiSanza; Sidney Hirschfeld, Director of Mental Hygiene Legal Services; Adam Bogin; Winnie Shukwah Chan; Jeeyae Soo; Mitchell Doe; The Office of the Director of Queens General Hospital Mental Hygiene Legal Services; Israel Flammenbaum; the Office of the Director of Milestone Residence. IT IS FURTHER HEREBY ORDERED THAT, the charges of involuntary medication and hospitalization AGAINST THE REMAINING 17 DEFENDANTS MAY PROCEED. As such, the United States Marshals Service is directed to serve the following defendants without prepayment of fees at the addresses indicated on pages fourteen to seventeen of the complaint:The Office of Risk Management at Zucker Hillside Hospital; the Office of the Director of Risk Management within the Creedmoor Psychiatric Center, Building # 40; Georgette Lozier; Kevin Lynch; Kathy Iverson; Anita James LaRosa; Nancy Abbinanti; Bridget Clyburn; Brian Woodruff; Dr. Lola Occhiogrosso; Lorraine Hinson Spearman; Office of Discharge Planning, Creedmoor Pyschiatric Center; Dr. Leslie Antoine; Dr. Bon. C. Coo; Dr. Mark Russ; Chantal Weinhold; and Chief Felton. The action is referred to Magistrate Lois Bloom for pretrial supervision. The court certifies pursuant to pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Dora Lizette Irizarry on 2/2/2009. (Irizarry, Dora)
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| Filing 3 Notice of Related Case Assignment/Designation (Jones, Sandra) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Sanders Lamar Adams. (Jones, Sandra) |
| Filing 1 COMPLAINT against Anita James LaRosa, Mrs. C Fuller, Nancy Abbinant, Bridget Clyburn, Brian Woodruff, Lola Occhiogrosso, Ralph Jones, Loraine Hinson Spearman, Joe Traber, The Director of the Office of Discharge Planning at the Creedmoor Psychiatric Center, Marie Disanza, Dr. Bon C. Coo, Sidney Hirschfeld, Adam Bogin, Dr. Regina Miles, Dr. Cecilia Leonard, Dr. Minhaj Siddiqi, Mark Russ, The Office of the Director of MEntal Hygiene Legal Services at Southport Correctional Facility, Winnie (Shukwah) Chan, The Office of the Director of Risk Management at the Zucker Hillside Hospital at the Long Island Jewish Medical Center, Jeey Ae Seo, Mitchell Doe, Peter Tomaino, Gayle Goodwin, The Office of the Superintendent of Southport Correctional Facility, Donald Selsky, TheCommissioner of the New York State Department of Correctional Services, The Director of the Queens General Hospital Mental Hygiene Legal Services, Israel Flammenbaum, Chantal Weinhold, The Office of the Director of Risk Management at the Creedmoor Psychiatric Center, The Office of the Director of Milestone Residence, Chief Felton, The Office of the District Attorney of Queens County, Allen B. Weiss, The Office of the Director of Quality Care and Improvment for Persons with Disabilities, Georgette Lozier, Kevin Lynch, The Office of the Commissioner of the New York State Office of Mental Health, Donald Sawyer, PH.D, Kathy Iverson, filed by Sanders Lamar Adams. (Attachments: #1 Civil Cover Sheet) (Jones, Sandra) |
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