Ritchie v. Bubb et al
| Seth Ritchie |
| Victor Peshkin, P.O. Gerard Capers, Milton Brown, Mr. Peshkin, Denise Granum, Andrea Evans, Glenda Bubb, Linda Gabriele, Charles Feliciano, P.O. Sutherland, Paul Taylor, Peshkin, Mr., Rodney Smith, Donald Simpson, John Lowery, P.O. Capers R. Smith, Chandra Perry-Patterson, Carmen Batista and Francis Caruso |
| 1:2011cv01185 |
| March 14, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Andrew L Carter |
| Sandra L Townes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2011. A more recent docket listing may be available from PACER.
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| Filing 63 MANDATE of USCA as to #53 Notice of Interlocutory Appeal, filed by Seth Ritchie. The appeal is dismissed for scheduling order default (See document for further details). Issued as mandate on 11/2/11. (Gonzalez, Mary) |
| Filing 62 SUMMONS Returned Executed by Seth Ritchie. Donald Simpson served on 8/9/2011, answer due 8/30/2011. (Galeano, Sonia) |
| Filing 61 Summons Returned Unexecuted by Seth Ritchie as to Denise Granum. (See USMS Remarks noted on Form 285) (Galeano, Sonia) |
Filing 60
ENDORSED #59 STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL. The Clerk of Court is respectfully directed to close this case. So Ordered by Judge Sandra L. Townes on 9/27/2011. C/M to plaintiff. (Manuel, Germaine)
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| Filing 59 STIPULATION of Dismissal by Glenda Bubb, Gerard Capers, Charles Feliciano, Denise Granum, Chandra Perry-Patterson, Victor Peshkin, Donald Simpson, Rodney Smith (Nowve, Donald) |
| Filing 58 STIPULATION of Dismissal by Glenda Bubb, Gerard Capers, Charles Feliciano, Denise Granum, Chandra Perry-Patterson, Victor Peshkin, Donald Simpson, Rodney Smith (Nowve, Donald) |
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Status report order: Re. docket no. #55 . The parties shall file another joint status report on 9/30/11 about the progress of settlement discussions. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 9/12/2011. (Hunter-Hicks, Tara)
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| Filing 57 MOTION for Discovery /Initial Disclosures and, MOTION for Sanctions (Affirmation in support attached) filed by Seth Ritchie. (Galeano, Sonia) |
| Filing 55 Letter to Hon. Andrew L. Carter, Jr. by Glenda Bubb, Gerard Capers, Charles Feliciano, Denise Granum, Chandra Perry-Patterson, Victor Peshkin, Donald Simpson, Rodney Smith (Nowve, Donald) |
| Filing 56 STATUS REPORT/REQUEST FOR CONFERENCE AND REQUEST FOR SANCTIONS filed by Seth Ritchie. (Galeano, Sonia) |
| Filing 54 Letter MOTION for Hearing /Conference due to medical emergency/heart attack, filed by Seth Ritchie. (Galeano, Sonia) |
| Minute Entry for proceedings held before Magistrate Judge Andrew L. Carter, Jr:Settlement Conference held on 8/24/2011. Seth Ritchie, Pro Se Plaintiff. Wesley Bauman for Defendant. Settlement discussions held. Plaintiff may serve interrogatories. The parties shall file a joint status report on or before 10/7/2011 regarding the status of Defendant's authority. (FTR: 10:39:19 - 10:58:53) (Hunter-Hicks, Tara) C/M |
| 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. #49 Order on Motion for Reconsideration, #41 Letter, #50 Order, #48 Order on Motion for Preliminary Injunction, Order on Motion for TRO, #36 Order on Motion to Appoint Counsel, #32 Motion to Appoint Counsel, #51 Order on Motion for Recusal. All of the documents are filed ECF. (Gonzalez, Mary) |
| Filing 53 NOTICE OF INTERLOCUTORY APPEAL as to #52 Order, #49 Order on Motion for Reconsideration, #50 Order, #48 Order on Motion for Preliminary Injunction, Order on Motion for TRO, #51 Order on Motion for Recusal, #36 Order on Motion to Appoint Counsel by Seth Ritchie. No Fee paid IFP granted. NOA filed ECF. (Gonzalez, Mary) Modified on 8/23/2011 (Gonzalez, Mary). |
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Filing 52
ENDORSED ORDER on document #40, This Court will not entertain further motion or requests from pltff until the discovery period has closed. Discovery related issues may still be addressed to Judge Carter. (Ordered by Judge Sandra L. Townes on 8/15/2011) c/m (Galeano, Sonia)
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Filing 51
ENDORSED ORDER ON DOCUMENT #38, denying Pltff's #38 Motion for Recusal. (Ordered by Judge Sandra L. Townes on 8/15/2011) C/M (Galeano, Sonia)
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Filing 50
ENDORSED ORDER on document #40, denying pltff's renewed request that defts dismissed in the amended complaint be added as defts. (Ordered by Judge Sandra L. Townes on 8/15/2011) c/m (Galeano, Sonia)
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Filing 49
ENDORSED ORDER ON DOCUMENT #39, denying Pltff's #39 Motion for Reconsideration. (Ordered by Judge Sandra L. Townes, on 8/15/2011) c/m (Galeano, Sonia)
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Filing 48
ENDORSED ORDER on document #45, denying #45 Motion for Preliminary Injunction; denying #45 Motion for TRO. (Ordered by Judge Sandra L. Townes, on 8/15/2011) c/m (Galeano, Sonia)
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| Filing 47 Letter dated 8/15/11 from Seth Ritchie to USMJ Carter, seeking permission to allow pltff to serve up to 100 interrogatories, instead of 50 as indicated in the initial conference questionaire #2; only as to defts Glenda Bubb and Gerard Capers. Pltff states that he will agree/request that defts Donald Simpson and Victor Peshkin only be served with 25 interroagtories instead of the 50 interrogatories each as permitted by this Court. Pltff further states that the remaining defts Denise Granum, Rodney Smith, Charles Feliciano and Chandra Perry-Patterson will only be served with 50 interrogatories. (Galeano, Sonia) |
| Filing 46 REQUEST For Orders/Decisions on previously filed documents, filed by Seth Ritchie. (Galeano, Sonia) |
| Filing 45 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order (w/ Affirmation in Support of Motion for Preliminary Injunction/Temporary Restraining Order attached, filed by Seth Ritchie. (Galeano, Sonia) |
| Filing 44 Summons Returned Unexecuted by Seth Ritchie as to Denise Granum, Victor Peshkin, Rodney Smith. (See USMS Remarks noted on Form 285) (Galeano, Sonia) |
| Filing 43 Summons Returned Unexecuted by Seth Ritchie as to Charles Feliciano. (See USMS Remarks noted on Form 285) (Galeano, Sonia) |
| Filing 42 Minute Entry for proceedings held before Magistrate Judge Andrew L. Carter, Jr:Initial Conference held on 8/9/2011. Seth Ritchie Pro Se Plaintiff. Wesley Bauman for Defendants. Factual Discovery Completion Date; 12/16/2011. See annexed initial conference questionnaire for more details. Settlement Conference set for 8/24/2011 at 11:00 a.m. in Courtroom 504 North before Magistrate Judge Andrew L. Carter, Jr. (FTR 2:08:28 - 2:34:40.) (Hunter-Hicks, Tara) C/M |
| Filing 41 Letter dated 7/28/11 from Chief Judge Carol Bagley Amon to Mr. Seth Richie acknowledging receipt of letter dated 7/15/11 and advising that she is without authority to act in a matter assigned to another judge. Letter will be forwarded to Judge Townes (Attachments: #1 Letter) (Fernandez, Erica) Modified on 8/2/2011 to correct letter date (Fernandez, Erica). |
| Filing 40 Letter dated 7/25/11 from Seth Ritchie to Judge Townes and USMJ Carter, renewing pltff's request that defts dismissed in the Amended Complaint, be added as defts for the reasons herein described. Pltff request that this Court order service of the Amended Complaint and seeks further relief as this Court may deem just and proper. (Galeano, Sonia) |
| Filing 39 Letter MOTION for Reconsideration of the Order dated 7/7/11 (Docket #36), filed by Seth Ritchie. (Galeano, Sonia) |
| Filing 38 MOTION for Recusal filed by Seth Ritchie. (Galeano, Sonia) |
| Filing 37 Letter to Hon. Andrew L. Carter, Jr. in response to plaintiff's letters to Court, by Glenda Bubb, Gerard Capers, Charles Feliciano, Denise Granum, Chandra Perry-Patterson, Victor Peshkin, Donald Simpson, Rodney Smith (Bauman, Wesley) |
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Filing 36
ORDER, denying pltff's #32 Motion to Appoint Counsel. (Ordered by Judge Sandra L. Townes on 7/7/2011) c/m (Galeano, Sonia)
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| Filing 35 ANSWER to #6 Amended Complaint, by Donald Simpson. (Bauman, Wesley) |
| Filing 34 Summons Returned Unexecuted by Seth Ritchie as to Chandra Perry-Patterson. (See USMS Remarks noted on Form 285) (Galeano, Sonia) |
| Filing 33 Letter dated 7/5/11 from Seth Ritchie to Judge Townes and USMJ Carter, re: "request for earlier date for preliminary conference and request for sanctions/fines." (Galeano, Sonia) |
| Filing 32 MOTION to Appoint Counsel filed by Seth Ritchie. (Galeano, Sonia) |
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Filing 31
SCHEDULING ORDER: An initial conference will be held on 08/09/2011 at 2:30 PM in Courtroom 504 North. Counsel for all parties must be present. Plaintiff's counsel to confirm with defendant's counsel that all necessary participants are aware of this conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed.R.Civ.P. The attached questionnaire must be completed and brought to the conference. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 6/30/2011. (Hunter-Hicks, Tara) Modified on 6/30/2011 (Hunter-Hicks, Tara). C/M
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| Filing 30 Letter dated 6/29/11 from Seth Ritchie to USDJ Townes, re: request for additional discovery orders and for sanctions. (Galeano, Sonia) |
| Filing 29 Letter to Hon. Andrew L. Carter, Jr. by Glenda Bubb, Charles Feliciano, Denise Granum, Chandra Perry-Patterson, Victor Peshkin, Donald Simpson, Rodney Smith (Bauman, Wesley) |
| Filing 28 ANSWER to #6 Amended Complaint, by Glenda Bubb, Gerard Capers, Charles Feliciano, Denise Granum, Chandra Perry-Patterson, Victor Peshkin, Donald Simpson, Rodney Smith. (Bauman, Wesley) |
| Filing 27 Letter dated 6/21/11 from Seth Ritchie to USJ Townes and USMJ Carter, re: request for orders for discovery and interrogatories. Pltff request that the Court direct the defts to comply within 30 days as stated in Rule 33. Pltff states that settlement talks with Asst. Atty General, Wesley E. Bauman were initiated by the Pltff and have been unsuccessful. (Galeano, Sonia) |
| Filing 26 SUMMONS Returned Executed by Seth Ritchie. Gerard Capers served on 6/8/2011, answer due 6/29/2011. (Galeano, Sonia) |
| Filing 25 NOTICE of Change of Address filed by Seth Ritchie. (Docket Sheet Updated) (Galeano, Sonia) |
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ORDER re #16 . Plaintiff's motion to reconsider my 4/28/11 order is denied. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 5/27/2011. (Dharia, Kruti)
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| Filing 24 Letter dated 5/25/11 from Seth Ritchie to Judge Townes and USMJ Carter, "seeking to have this Court issue orders directing the US Marshal's Service to personally serve the Amended Complaint on the remaining Defts that have intentionally refused service of the initial complaint." Pltff informs that Court that 4 out of the 8 defts have returned Acknowledgment of Service. Pltff further request that this Court order defts that have been served in this action, Rodney Smith, Gerard Capers and Chandra Perry-Patterson to file an Answer to the Complaint. Pltff states that this Court has not responded to his letters of opposition. (See docket #12 and #16) Pltff objects defts 60 day extension of time to file an answer. (Galeano, Sonia) |
| Filing 23 SUMMONS Returned Executed by Seth Ritchie. Charles Feliciano served on 5/19/2011, answer due 6/9/2011. (Galeano, Sonia) |
| Filing 22 SUMMONS Returned Executed by Seth Ritchie. Glenda Bubb served on 5/18/2011, answer due 6/8/2011 re: service of Order, Amended Summons and Amended Complaint. (Galeano, Sonia) |
| Filing 21 SUMMONS Returned Executed by Seth Ritchie. Glenda Bubb served on 5/18/2011, answer due 6/8/2011. (Galeano, Sonia) |
| Filing 20 SUMMONS Returned Executed by Seth Ritchie. Gerard Capers served on 5/4/2011, answer due 5/25/2011. (Galeano, Sonia) |
| Filing 19 SUMMONS Returned Executed by Seth Ritchie. Chandra Perry-Patterson served on 5/2/2011, answer due 5/23/2011. (Galeano, Sonia) |
| Filing 18 SUMMONS Returned Executed by Seth Ritchie. Rodney Smith served on 4/11/2011, answer due 5/2/2011. (Galeano, Sonia) |
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Filing 17
ENDORSED ORDER on document #15, Pltff Ritchie is instructed that the change in the agency's name will not affect his case. (Ordered by Judge Sandra L. Townes on 5/10/2011) c/m (Galeano, Sonia)
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| Filing 16 Letter dated 5/6/11 from Seth Ritchie to USMJ Carter, requesting reconsideration and opposition of AAG Wesley Bauman's application for an extension of time to file an answer or otherwise move. (Galeano, Sonia) |
| Filing 15 Letter dated 5/6/11 from Seth Ritchie to Judge Townes, seeking additional documentation in relation to this case. Pltff states that the NYS Parole has officially changed its name to the State of New York-Department of Corrections and Community Supervision. Pltff seeks to inquire whether the agency name change has any legal changes to this case. (Galeano, Sonia) |
| Filing 14 ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT BY MAIL, Executed on 4/8/11 served upon Rodney Smith. Acknowledgement filed by Seth Ritchie. (Galeano, Sonia) |
| Filing 13 SUMMONS Returned Executed by Seth Ritchie. Victor Peshkin served on 4/15/2011, answer due 5/6/2011. (Galeano, Sonia) |
| Filing 12 Letter dated 4/30/11 from Seth Ritchie to USMJ Carter, opposing AAG's Wesley Bauman's request for an extension to file an answer or otherwise move. (Galeano, Sonia) |
| Filing 11 Letter MOTION for Extension of Time to File Answer re #6 Amended Complaint, by Victor Peshkin. (Bauman, Wesley) |
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ORDER granting #11 Motion for Extension of Time to Answer as to Victor Peshkin. Answer due 6/28/2011. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 4/28/2011. (Dharia, Kruti)
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| Filing 10 Letter dated 4/13/11 from Seth Ritchie to Judge Townes, requesting that this Court issue orders re: service of the Amended Complaint. (Galeano, Sonia) |
| AMENDED Summons Issued as to Glenda Bubb, Gerard Capers, Charles Feliciano, Denise Granum, Chandra Perry-Patterson, Victor Peshkin, Donald Simpson, Rodney Smith. (Courtesy Copy to Atty General for the State of NY via regular mail) (Galeano, Sonia) |
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Filing 9
MEMORANDUM AND ORDER, For the following reasons, the amended complaint is dismissed in part. The amended complaint is dismissed against defts Sandra Sutherland, Carmen Batista, Paul Taylor, Andrea Evans, Linda Gabriele, John Lowery, Francis Caruso and Milton Brown for failure to state a claim pursuant to 28 USC sec. 1915(e)(2)(B)(ii). No summons shall issue as to these defts. The amended complaint shall proceed as to defts Glenda Bubb, Gerard Capers, Rodney Smith, Denise Granum, Charles Feliciano, Victor Peshkin, Donald Simpson, and Chandra Perry-Patterson. The Clerk of Court is directed to issue an amended summons and the US Marshal Service is directed to serve a copy of this order, the amended summons and the amended complaint on defts Glenda Bubb, Gerard Capers, Rodney Smith, Denise Granum, Charles Feliciano, Victor Peshkin, Donald Simpson, and Chandra Perry-Patterson. The Clerk of Court shall mail a courtesy copy of this order, the amended summons and the amended complaint to the Attorney General for the State of NY. The case is referred to Andrew L. Carter, Jr., USMJ, for pretrial supervision. 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 an appeal. (Ordered by Judge Sandra L. Townes on 4/11/2011) c/m (Galeano, Sonia)
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| Filing 8 Letter dated 3/28/11 from Seth Ritchie to USDJ Townes, requesting that this Court carefully review the Amended Complaint and supporting documents; and issue appropriate Orders. Pltff states that he has named P.O. Sandra Sutherland, P.O. Carmen Batista and P.O. Paul Taylor as 3rd party defts in his Amended Complaint. Pltff states that he is no longer on parole effective 1/23/11. Pltff further states that "the complaint and supporting documents show more than retaliation, there were violations of his 1st, 4th, 5th and 8th Amendments in addition to retaliation." Pltff request that this Court permit defts John Lowery, Linda Gabriele and Francis Caruso to be named in the Amended Complaint. (Galeano, Sonia) |
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Filing 4
MEMORANDUM AND ORDER, granting pltff's #2 Motion for Leave to Proceed in forma pauperis, but the complaint is dismissed in part as set forth herein. The complaint is dismissed against defts P.O. Sutherland, Milton Brown, Andrea Evans, Linda Gabriele, and John Lowery for failure to state a claim pursuant to 28 USC sec. 1915(e)(2)(B)(ii). No summons shall issue as to these defts. The complaint alleging retaliation shall proceed as to defts Glenda Bubb, P.O. Capers, R. Smith, Denise Granum, Charles Feliciano, Mr. Peshkin, and Chandra Perry-Patterson. The Clerk of Court is directed to issue summonses and the US Marshals service is directed to serve a copy of this order, the summons and complaint on these defts. A courtesy copy of this order, the summons and complaint shall be mailed to the Attorney General for the State of NY. The case is referred to USMJ Carter, for pretrial supervision. 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 an appeal. (Ordered by Judge Sandra L. Townes on 3/23/2011) c/m (Galeano, Sonia)
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| Summons Issued as to Glenda Bubb, Charles Feliciano, Denise Granum, P.O. Capers R. Smith, Chandra Perry-Patterson and Mr. Peshkin. (Courtesy Copy to the NYS Atty General via regular mail) (Galeano, Sonia) |
| Filing 7 Letter dated 3/19/11 from Seth Ritchie to Judge Townes, requesting that Judge Townes be removed as the judge assigned to pltff's case. (Galeano, Sonia) |
| Filing 6 AMENDED COMPLAINT (w/ Jury Trial Requested) against Carmen Batista, Milton Brown, Glenda Bubb, Gerard Capers, Francis Caruso, Andrea Evans, Charles Feliciano, Linda Gabriele, Denise Granum, John Lowery, P.O. Sutherland, Chandra Perry-Patterson, Victor Peshkin, Donald Simpson, Rodney Smith, Paul Taylor, filed by Seth Ritchie. (Galeano, Sonia) |
| Filing 5 Letter dated 3/23/11 from Seth Ritchie to Pro Se Clerk, informing that Deft P.O. Capers and Deft R. Smith, should appear on the docket sheet as two separate individuals. Pltff further request that this Court also correct Deft Peshkin name to reflect Deft Mr. Peshkin. Pltff is submitting an Amended Complaint with correct first and last names of all defts. (Galeano, Sonia) |
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Filing 3
ENDORSED ORDER denying request by Seth Ritchie that Judge Sandra L. Townes not be assigned to this case.. So Ordered by Chief Judge Raymond J. Dearie on 3/22/2011. (Manuel, Germaine)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Seth Ritchie. (Sica, Michele) |
| Filing 1 COMPLAINT against Milton Brown, Glenda Bubb, Andrea Evans, Charles Feliciano, Linda Gabriele, Denise Granum, John Lowery, P.O. Capers R. Smith, P.O. Sutherland, Chandra Perry-Patterson, Peshkin, Disclosure Statement on Civil Cover Sheet completed -no,, filed by Seth Ritchie. (Attachments: #1 Civil Cover Sheet) (Sica, Michele) (Additional attachment(s) added on 3/28/2011: #1 civil cover sheet) (Sica, Michele). |
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