Casiano et al v. County of Nassau et al
| Casiano and Christine J. Casiano |
| County of Nassau, Nassau County Correctional Center, Prachi Anand, Ahsan Habib, Carl-Henri Sanchez, Josephine "Doe", Marylyn Martin-Naar, "John" Francis, Michael Parrinello, Biju Jose, Armor Correctional Health Services, Inc., Laura Hunt, Nassau University Medical Center, John P. May, Armor Correctional Health Services of New York, Inc., Michael J. Sposato, Lisa Fitzgerald, Dorothy Mazyck, Denise Brady, Susan Jacob, Jelyn Williams, Andrea Janusz, Jane Does, Shakim Rivera, Doreen Mary Smith and "Jane" Munoz |
| Sabatino Ienopoli |
| Brandan Smith, Jon Miller, Michael Graziano, Jordan Laguio and Cherif Makram |
| 2:2016cv01194 |
| March 9, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R Brown |
| Sandra J Feuerstein |
| Arlene R Lindsay |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Case Reassigned to Judge Gary R. Brown. Judge Denis R. Hurley no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (McMahon, Carol) |
| Filing 102 AFFIDAVIT/AFFIRMATION of service of Rule 26 Response by Prachi Anand, Sabatino Ienopoli, Nassau University Medical Center (Morganelli, Patrick) |
ORDER: re #101 : The proposed scheduling order is approved. The deadline for service of amended pleadings, joinder of parties is August 28, 2020. All discovery, inclusive of expert discovery, to be concluded by December 18, 2020. Any party planning on making a dispositive motion must take the first step in the motion process by January 15, 2021. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before February 3, 2021. A final conference is scheduled for February 4, 2021, 2014 at 2:00 p.m. Given the age of this case, no extensions will be permitted absent a showing of good cause. Ordered by Magistrate Judge Arlene R. Lindsay on 12/2/2019. c/ecf (Imrie, Robert) Modified on 12/2/2019 (Imrie, Robert).
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| Filing 101 Proposed Scheduling Order by County of Nassau, Nassau County Correctional Center, Michael J. Sposato (Clarke, Christopher) |
| Filing 100 NOTICE of Appearance by Alexander V. Sansone on behalf of Nassau University Medical Center (aty to be noticed) (Sansone, Alexander) |
| Filing 99 ANSWER to #80 Answer to Amended Complaint,, Crossclaim, #75 Answer to Crossclaim,,,, Answer to Amended Complaint,,,,,,, #68 Amended Complaint, , ANSWER to #80 Answer to Amended Complaint,, Crossclaim, #75 Answer to Crossclaim,,,, Answer to Amended Complaint,,,,,,, #68 Amended Complaint, , ANSWER to #80 Answer to Amended Complaint,, Crossclaim, #75 Answer to Crossclaim,,,, Answer to Amended Complaint,,,,,,, #68 Amended Complaint, by Doreen Mary Smith, Michael Graziano, Jordan Laguio, Cherif Makram, Jon Miller. (Bedell, Christina) Modified on 12/9/2019 to edit filers(Cubano, Jazmin). |
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ORDER granting #98 Motion to Adjourn Conference. The State defendants' time to respond to the amended complaint is extended to November 8, 2019. On or before, November 29, 2019, the parties are directed to submit a joint proposed scheduling order. Ordered by Magistrate Judge Arlene R. Lindsay on 10/21/2019. (Jacobwitz, Beth)
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| Filing 98 MOTION to Adjourn Conference by Michael Graziano, Jordan Laguio, Cherif Makram, Jon Miller, Doreen Mary Smith. (Bedell, Christina) |
| Filing 97 NOTICE of Appearance by Christina H. Bedell on behalf of Michael Graziano, Jordan Laguio, Cherif Makram, Jon Miller, Doreen Mary Smith (aty to be noticed) (Bedell, Christina) |
| Filing 96 Letter Re: Status Update of Action by Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, Lisa Fitzgerald, "John" Francis, Ahsan Habib, Laura Hunt, Sabatino Ienopoli, Susan Jacob, Andrea Janusz, Biju Jose, Jordan Laguio, Cherif Makram, John P. May, Carl-Henri Sanchez (McLaren, Dale) |
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ORDER re #94 , #95 , #96 : The State defendants' time to respond to the amended complaint is extended to October 18, 2019. On or before, November 8, 2019, the parties are directed to submit a joint proposed scheduling order. Ordered by Magistrate Judge Arlene R. Lindsay on 9/16/2019. c/ecf (Imrie, Robert)
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| Filing 95 STATUS REPORT by County of Nassau, Nassau County Correctional Center, Michael J. Sposato (Clarke, Christopher) |
| Filing 94 STATUS REPORT by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased) (Gianfortune, John) |
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STATUS REPORT ORDER : The parties are directed to file a status report on or before 9/19/2019. Status Report due by 9/19/2019.Ordered by Judge Denis R. Hurley on 9/9/2019. (Gapinski, Michele)
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| Filing 93 Minute Entry for proceedings held on 2/19/2019 before Judge Sandra J. Feuerstein: Civil Cause for Status Conference. Counsel for Plaintiff: John Gianfortune. Counsel for Defendant: Christpher Clark, Ralph Pernick, Alexander Sansone, Dale Mclaren and Dorothy Oehler Nese. Case called. Recusal order. (Tirado, Chelsea) |
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ORDER OF RECUSAL. Judge Sandra J. Feuerstein recused. Case reassigned by random selection to Judge Denis R. Hurley for all further proceedings. Ordered by Judge Sandra J. Feuerstein on 2/19/2019. (Morabito, Bryan)
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Filing 92
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Report is adopted in its entirety. Therefore: (1) the State defendants' motion to dismiss, DE #85 is GRANTED to the extent that (a) the claims against defendants Jerome Nicolato and Brandon J. Smith are dismissed, and (b) the 6th, 7th, and 11th causes of action are dismissed; (2) the State defendants' motion to dismiss is DENIED as to the 8th and 10th causes of action; and (3) plaintiff's request to replead the dismissed causes of action is DENIED. The status conference scheduled for 3/26/2019 is advanced to 2/14/2019 at 11:15AM in Courtroom 1010 of the Central Islip Courthouse. SO Ordered by Judge Sandra J. Feuerstein on 1/28/2019. (Tirado, Chelsea)
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Electronic ORDER: The status conference scheduled for 1/16/19 is adjourned to 3/26/19 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse.Ordered by Judge Sandra J. Feuerstein on 1/11/2019. (Disbrow, Sandra)
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Filing 91
REPORT AND RECOMMENDATIONS re #85 : See the attached Report and Recommendation for details. Ordered by Magistrate Judge Arlene R. Lindsay on 1/7/2019. c/ecf (Imrie, Robert)
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Electronic ORDER: In light of the pending motion to dismiss, the conference scheduled for 10/18/18 is adjourned to 1/16/19 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 10/10/2018. (Disbrow, Sandra)
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| Filing 90 STATUS REPORT regarding deposition testimony of co-Defendant Doreen Mary Smith and the State Defendants' pending motion to dismiss by County of Nassau, Nassau County Correctional Center, Michael J. Sposato (Attachments: #1 Exhibit A) (Filiberti, Joanne) |
| Filing 89 NOTICE of Appearance by Dorothy O. Nese on behalf of Michael Graziano, Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith (aty to be noticed) (Nese, Dorothy) |
| Set/Reset Hearings: In light of the State Defendants' pending motion to dismiss, which has previously been referred to Magistrate Judge Lindsay for a Report and Recommendation, the Status Conference scheduled for 7/18/18 is adjourned. A control date conference is scheduled for 10/18/18 at 11:15 AM. (Roman, Joshua) |
| Filing 88 Letter [cover letter of bundled motion to dismiss the amended complaint (DE 85 - 87), referred earlier today to the Honorable Arlene R. Lindsay by the Honorable Sandra J. Feuerstein, by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith (Pernick, Ralph) |
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ORDER REFERRING MOTION: #85 Motion to Dismiss for Failure to State a Claim [amended complaint] filed by Jon Miller, Doreen Mary Smith, Cherif Makram, Jordan Laguio, Brandan Smith. Defendants' motion to dismiss [DE 85] is hereby respectfully referred to Magistrate Judge Lindsay for a Report and Recommendation. Ordered by Judge Sandra J. Feuerstein on 4/13/2018. Motions referred to Arlene R. Lindsay. (Roman, Joshua)
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| Filing 87 REPLY in Support of 12(b) motion to dismiss [DE 85 and 85-1], responding to plaintiff's opposition [DE 86, 86-1, and 86.2, filed by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith. (Pernick, Ralph) |
| Filing 86 MEMORANDUM in Opposition re #85 Motion to Dismiss for Failure to State a Claim [amended complaint] filed by Jordan Laguio. (Attachments: #1 Declaration, #2 Exhibit deposition transcript) (Pernick, Ralph) |
| Filing 85 Motion to Dismiss for Failure to State a Claim [amended complaint] by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith. (Attachments: #1 Memorandum in Support) (Pernick, Ralph) |
| Filing 84 REPLY in Opposition Cover letter to Movant State Defendants for Plaintiff's Declaration in Opposition and Memorandum of law (bundle rule) filed by All Plaintiffs. (Gianfortune, John) |
| Filing 83 Minute Entry for proceedings held on 2/22/2018 before Judge Sandra J. Feuerstein: Civil Cause for Status Conference. Counsel for Plaintiff: John Gianfortune. Counsel for Defendant: Joanna Filiberti, Ralph Pernick, Alexander Sansone, Dale McLaren, via telephone. Case called. Plaintiff's opposition to be served by 4/2/2018. Defendant's reply to be served and fully briefed motion to be filed with the Court by 4/12/2018. A pretrial conference is scheduled before Judge Feuerstein on 7/18/2018 at 11:15AM. (Tirado, Chelsea) |
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ORDER terminating #59 Motion for Hearing. This motion is terminated as moot in light of the present procedural posture of this matter. Ordered by Judge Sandra J. Feuerstein on 2/13/2018. (Roman, Joshua)
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ORDER granting in part and denying in part #82 Motion for Extension of Time to Complete Discovery. The motion is granted solely to the extent that this matter is set down for a Status Conference on 2/22/18 at 11:15 AM. Ordered by Judge Sandra J. Feuerstein on 2/13/2018. (Roman, Joshua)
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| Filing 82 Letter MOTION for Extension of Time to Complete Discovery in Reconsideration of Order denying an application by Plaintiff for good cause shown by County of Nassau, Nassau County Correctional Center, Michael J. Sposato. (Filiberti, Joanne) |
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ORDER denying #81 Motion for Extension of Time to Complete Discovery. The motion is DENIED. Ordered by Judge Sandra J. Feuerstein on 2/12/2018. (Roman, Joshua)
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| Filing 81 Letter MOTION for Extension of Time to Complete Discovery to March 29, 2019 by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased). (Gianfortune, John) |
| Filing 80 ANSWER to #68 Amended Complaint, , CROSSCLAIM against Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith by County of Nassau, Nassau County Correctional Center, Michael J. Sposato. (Filiberti, Joanne) |
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ORDER granting #79 Motion to Substitute Attorney. Added attorney Peter James Johnson, Jr for County of Nassau County Correctional Center and for Michael J. Sposato. Attorney Robert Frank Elliott terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 12/4/2017. c/ecf (Imrie, Robert)
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| Filing 79 DECLARATION Pursuant to Local Civil Rule 1.4 and Stipulation and Order of Substitution of Counsel by County of Nassau, Nassau County Correctional Center, Michael J. Sposato (Filiberti, Joanne) Modified on 12/4/2017 (Imrie, Robert). |
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ORDER re #78 : The time for the County of Nassau and Michael J. Sposato to answer, move or otherwise respond to the complaint is extended to and including January 8, 2018. Ordered by Magistrate Judge Arlene R. Lindsay on 12/1/2017. c/ecf (Imrie, Robert)
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| Filing 78 Letter MOTION for Extension of Time to File response to Amended Complaint (DE 68) by County of Nassau, Nassau County Correctional Center, Michael J. Sposato. (Ben-Sorek, Liora) Modified on 12/1/2017 (Imrie, Robert). |
| Filing 77 ANSWER to Complaint cross-claim by Armour defendants by Prachi Anand, Sabatino Ienopoli, Nassau University Medical Center. (Troy, Edward) |
| Filing 76 Letter enclosing service copy of State Defendants' motion to dismiss the amended complaint [no enclosures], by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith (Pernick, Ralph) |
| Filing 75 Armor Defendants' ANSWER to #74 Answer to Complaint,,, Crossclaim,, #68 Amended Complaint, , ANSWER to #74 Answer to Complaint,,, Crossclaim,, #68 Amended Complaint, , CROSSCLAIM by The Armor Defendants against Prachi Anand, Sabatino Ienopoli, Jordan Laguio, Cherif Makram, Jon Miller, Nassau University Medical Center, Doreen Mary Smith by Denise Brady, Armor Correctional Health Services of New York, Inc., Dorothy Mazyck, Jelyn Williams, Carl-Henri Sanchez, Michael Parrinello, Marylyn Martin-Naar, Biju Jose, "John" Francis, Josephine "Doe", Andrea Janusz, Ahsan Habib, Shakim Rivera, Susan Jacob, Lisa Fitzgerald, Laura Hunt, Armor Correctional Health Services, Inc., John P. May. (Attachments: #1 Affidavit of Service) (McLaren, Dale) |
| Filing 74 ANSWER to Complaint as amended, CROSSCLAIM against Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, Lisa Fitzgerald, "John" Francis, Michael Graziano, Ahsan Habib, Laura Hunt, Susan Jacob, Andrea Janusz, Biju Jose, Jordan Laguio, Cherif Makram, Marylyn Martin-Naar, John P. May, Dorothy Mazyck, Jon Miller, "Jane" Munoz, Michael Parrinello, Carl-Henri Sanchez, Brandan Smith, Doreen Mary Smith, Jelyn Williams by Nassau University Medical Center. (Troy, Edward) |
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ORDER re #73 : The time for the State Defendants to answer, move or otherwise respond to the Amended Complaint is extended to and including November 23, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 11/8/2017. c/ecf (Imrie, Robert)
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| Filing 73 Consent MOTION for Extension of Time to File response to amended complaint, by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith. (Pernick, Ralph) |
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ORDER re #69 : The time for the State Defendants to answer, move or otherwise respond to the Amended Complaint is extended to and including November 10, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 11/3/2017. c/ecf (Imrie, Robert)
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ORDER re #72 : The time for Prachi Anand, Sabatino Ienopoli and the Nassau Health Care Corporation to answer, move or otherwise respond the the complaint is extended to and including November 23, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 11/3/2017. c/ecf (Imrie, Robert)
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| Filing 72 Letter to court requesting extension of time to file answer to plaintiff's amended complaint by Prachi Anand, Sabatino Ienopoli, Nassau University Medical Center (Troy, Edward) Modified on 11/3/2017 (Imrie, Robert). |
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ORDER re #70 : The time for the County of Nassau; Nassau County Correctional Center and Michael J. Sposato to answer, move or otherwise respond to the the amended complaint is extended to and including November 23, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 11/2/2017. c/ecf (Imrie, Robert)
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| Filing 71 Letter MOTION for Extension of Time to File Answer by Michael Parrinello, Shakim Rivera, Carl-Henri Sanchez. (Attachments: #1 Certificate of Service) (McLaren, Dale) |
| Filing 70 First MOTION for Extension of Time to File Answer by County of Nassau, Nassau County Correctional Center, Michael J. Sposato. (Femia, Richard) |
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ORDER re #71 : The time for Jordan Laguio; Cherif Makram; Jon Miller; Brandan Smith and Doreen Mary Smith to answer, move or otherwise respond to the amended complaint is extended to and including November 23, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 10/31/2017. c/ecf (Imrie, Robert) Modified on 11/2/2017 to correct a typographical error (Imrie, Robert).
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| Filing 69 Consent MOTION for Extension of Time to File Response/Reply as to #68 Amended Complaint, by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith. (Pernick, Ralph) Modified on 11/3/2017 (Imrie, Robert). |
| Filing 68 AMENDED COMPLAINT against All Defendants, filed by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased). (Attachments: #1 Exhibit Letters of Administration, #2 Exhibit DOJ Agreement) (Gianfortune, John) |
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ORDER granting #66 Motion to Substitute Attorney. Attorney Kenneth G. Gerard terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 10/4/2017. (Imrie, Robert)
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Filing 67
ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth herein, Magistrate Judge Lindsay's 8/8/2017 Report and Recommendation is adopted in its entirety and the State Defendants' motion to dismiss: (i) Plaintiff's claims is granted with leave to replead; and (ii) the County's cross-claims is denied with leave to renew. Plaintiff shall file her amended complaint on or before 10/15/2017. SO Ordered by Judge Sandra J. Feuerstein on 9/30/2017. (Tirado, Chelsea)
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| Filing 66 Letter MOTION to substitute attorney by Josephine "Doe", Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, Lisa Fitzgerald, "John" Francis, Ahsan Habib, Laura Hunt, Susan Jacob, Andrea Janusz, Biju Jose, Dorothy Mazyck, "Jane" Munoz, Michael Parrinello (Doody, John) Modified docket entry from letter to motion on 10/2/2017 (Tirado, Chelsea). |
| Filing 65 NOTICE of Appearance by John J. Doody on behalf of Josephine "Doe", Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, Lisa Fitzgerald, "John" Francis, Ahsan Habib, Laura Hunt, Susan Jacob, Andrea Janusz, Biju Jose, Dorothy Mazyck, "Jane" Munoz, Michael Parrinello, Shakim Rivera, Carl-Henri Sanchez, Jelyn Williams (aty to be noticed) (Attachments: #1 Certificate of Service) (Doody, John) |
| Filing 64 NOTICE of Appearance by Dale Nicholson McLaren on behalf of Josephine "Doe", Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, Lisa Fitzgerald, "John" Francis, Ahsan Habib, Laura Hunt, Susan Jacob, Andrea Janusz, Biju Jose, Dorothy Mazyck, "Jane" Munoz, Michael Parrinello, Shakim Rivera, Carl-Henri Sanchez, Jelyn Williams (aty to be noticed) (Attachments: #1 Certificate of Service) (McLaren, Dale) |
| Filing 63 NOTICE of Change of FIRM NAME AND EMAIL ADDRFESS by Richard John Femia (Femia, Richard) |
| Filing 62 REPLY in Opposition to plaintiff's objections [DE 61] to Magistrate Judge Arlene R. Lindsay's Report & Recommendation [DE 60], filed by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith. (Pernick, Ralph) |
| Filing 61 OBJECTION to #60 Report and Recommendations filed by All Plaintiffs. (Gianfortune, John) |
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Filing 60
REPORT AND RECOMMENDATIONS re #40 : See the attached Report and Recommendation for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/8/2017. c/ecf (Imrie, Robert)
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| Filing 59 Letter MOTION requesting clarification as to "State" defendants motion to dismiss and/or conference and requesting a conference by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased) (Gianfortune, John) Modified docket entry from letter to motion on 6/21/2017 (Tirado, Chelsea). |
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Filing 58
SCHEDULING ORDER: Final Pretrial Conference set for September 6, 2018 at 11:00 AM before Magistrate Judge Arlene R. Lindsay. Ordered by Magistrate Judge Arlene R. Lindsay on 3/29/2017. c/ecf (Imrie, Robert)
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| Filing 57 Minute Entry for proceedings held on 3/22/2017 before Judge Sandra J. Feuerstein: Civil Cause for Initial Conference. Counsel for Plaintiff: Gary M. Mionis. Counsel for Defendant: Patrick Morganelli, Ralph Pernick, Richard Femmia, Dale McClaren via telephone. Case called. Outstanding discovery is respectfully referred to the assigned magistrate judge. All discovery shall be complete by 3/22/2018. Dispositive motions to be served and filed in accordance with Judge Feuerstein's individual rules by 5/22/2018. A pretrial conference is scheduled before Judge Feuerstein on 9/20/2018 at 11AM. (Tirado, Chelsea) |
| Filing 56 Letter MOTION to Adjourn Conference scheduled for March 9, 2017 on consent of all parties by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased). (Gianfortune, John) |
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ORDER: The 3/9/2017 status conference is adjourned to 3/22/2017 at 11:15 a.m. in Courtroom 1010 of the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 3/8/2017. (Walsh, Kenneth)
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ORDER denying #56 Motion to Adjourn Conference. The application to adjourn the 3/9/2017 status conference is denied, and the status conference will proceed as scheduled at 11:15 a.m. in Courtroom 1010 of the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 3/8/2017. (Walsh, Kenneth)
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| Filing 55 ANSWER to Complaint cross-claim with affirmation of service by Prachi Anand, Sabatino Ienopoli, Nassau University Medical Center. (Troy, Edward) |
| Filing 54 First ANSWER to #1 Complaint, , First CROSSCLAIM against Prachi Anand, Sabatino Ienopoli, Jordan Laguio, Cherif Makram, Jon Miller, Nassau University Medical Center, Doreen Mary Smith by Denise Brady, Armor Correctional Health Services of New York, Inc., Andrea Janusz, Dorothy Mazyck, Jelyn Williams, Ahsan Habib, Shakim Rivera, Carl-Henri Sanchez, Michael Parrinello, Armor Correctional Health Services, Inc., Susan Jacob, Lisa Fitzgerald, Laura Hunt, Marylyn Martin-Naar, Biju Jose, "John" Francis, John P. May. (Gerard, Kenneth) |
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Filing 53
ORDER ADOPTING REPORT AND RECOMMENDATIONS - No objections to Magistrate Judge Lindsay's 12/22/2016 Report have been filed, and the deadline to object has expired. See 28 U.S.C. 636(b)(1) (requiring that objections be filed within fourteen (14) days of being served with a copy of the report and recommendation); Fed. R. Civ. P. 72(b)(2). Upon review, the Court is satisfied that the Report is not facially erroneous. Therefore, Magistrate Judge Lindsay's Report is adopted in its entirety, and the Armor Defendants' motion is denied. SO Ordered by Judge Sandra J. Feuerstein on 1/9/2017. (Tirado, Chelsea)
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Filing 52
REPORT AND RECOMMENDATIONS re #30 : See the attached Report and Recommendation for details. Ordered by Magistrate Judge Arlene R. Lindsay on 12/22/2016. c/ecf (Imrie, Robert)
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| Filing 51 Letter advising Court of Gleeson decision and respectfully requesting this decision be considered in the pending motion by Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased) (Attachments: #1 Exhibit Memorandum & Order, Gleeson v County, 15-cv-6487, #2 Exhibit Memorandum & Order, Brown v County, 16-cv-54) (Gianfortune, John) |
| Filing 50 STIPULATION withdrawing cross claim against State without prejudice by Nassau University Medical Center (Troy, Edward) |
| Filing 49 REPLY to Response to Motion re #40 Motion to Dismiss for Failure to State a Claim and to dismiss all cross-claims for failure to state a claim, - responding to County Defendants' opposition to motion to dismissal cross-claims #47 - filed by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith. (Pernick, Ralph) |
| Filing 47 Letter MOTION by County of Nassau, Nassau County Correctional Center, Michael J. Sposato (Femia, Richard) |
| Filing 46 Letter Brief in Opposition to Defendants Graziano, Makram, Laguio, Smith, Smith and Miller's Motion to dismiss cross-claims by Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, Jane Does, "John" Francis, Ahsan Habib, Laura Hunt, Susan Jacob, Andrea Janusz, Biju Jose, Marylyn Martin-Naar, John P. May, Dorothy Mazyck, Michael Parrinello, Shakim Rivera, Carl-Henri Sanchez, Jelyn Williams (Gerard, Kenneth) |
| Filing 48 Minute Entry for proceedings held on 11/29/2016 before Judge Sandra J. Feuerstein: Civil Cause for Initial Conference. Counsel for Plaintiff: John Gianfortune. Counsel for Defendant: Richard Femia, Kenneth Gerard, Alexander Sansone, and Ralph Pernick. Case called. Final motion submissions to be filed with the court by 12/9/2016. Motions are referred to the assigned magistrate judge. A status conference is scheduled before Judge Feuerstein on 3/9/2017 at 11:15AM. (Tirado, Chelsea) |
| Filing 45 Letter [cover letter to the Honorable Sandra J. Feuerstein, enclosing all papers pertaining to State Defendants' Rule 12(b) motion to dismiss - Docket Entry Nos. 40 - 44], by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith (Pernick, Ralph) |
| Filing 44 REPLY in Support re #40 Motion to Dismiss for Failure to State a Claim and to dismiss all cross-claims for failure to state a claim, filed by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith. (Attachments: #1 Exhibit [Exhibit A - June 13, 2016 letter to attorney for NHCC defendants],, #2 Exhibit [Exhibit B - declaration of Michael Graziano],) (Pernick, Ralph) |
| Filing 43 AFFIDAVIT/DECLARATION in Opposition re #40 Motion to Dismiss for Failure to State a Claim and to dismiss all cross-claims for failure to state a claim, - actually Exhibit B to Docket Entry No. 42 (notice of voluntary discontinuance as against def. Michael Graziano) - filed by Jordan Laguio. (Pernick, Ralph) |
| Filing 42 AFFIDAVIT/DECLARATION in Opposition re #40 Motion to Dismiss for Failure to State a Claim and to dismiss all cross-claims for failure to state a claim, with Exhibit A (collection of emails) filed by Jordan Laguio. (Pernick, Ralph) |
| Filing 41 REPLY in Opposition re #40 Motion to Dismiss for Failure to State a Claim and to dismiss all cross-claims for failure to state a claim, [filed for plaintiff as per bundle rule], filed by Jordan Laguio. (Pernick, Ralph) |
| Filing 40 Motion to Dismiss for Failure to State a Claim and to dismiss all cross-claims for failure to state a claim, by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith. (Attachments: #1 Memorandum in Support) (Pernick, Ralph) |
| Filing 39 Letter MOTION to Adjourn Conference by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased). (Gianfortune, John) |
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ORDER granting #39 Motion to Adjourn Conference. In person conference is adjourned to 11/29/2016 at 11:15 am. Ordered by Judge Sandra J. Feuerstein on 11/14/2016. c/ecf (Morabito, Bryan)
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ORDER granting #38 Motion to Adjourn Conference. The initial conference scheduled for 10/27/2016 is adjourned to 11/15/2016 at 11:15 a.m. in courtroom 1010 of the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 10/24/2016. (Walsh, Kenneth)
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| Filing 38 Consent MOTION to Adjourn Conference scheduled for Oct 27 at 11:15 am (plaintiff has consented; all defendants who have responded to this adjournment request have also consented), by Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith. (Pernick, Ralph) |
| Filing 37 Letter advising Courts of identical jurisdiction defense now being raised by Armor Correctional in Gleeson and Brown matters by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased) (Attachments: #1 Exhibit Opposition to Jurisdictional Defense in Gleeson v Armor) (Gianfortune, John) |
| Filing 36 Letter Opposing the request for a pre-motion conference to dismiss for lack of personal jurisdiction brought by Armor Correctional Health Services, Inc and John P. May by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased) (Attachments: #1 Exhibit Medical records for Decedent from Armor Correctional Health Services, inc., #2 Exhibit Armor Correctional Health Services, Inc's bid to Nassau County, #3 Exhibit Armor Correctional Health Services, Inc's joint and several liability agreeemnt, #4 Exhibit Armor Correctional Health Services, Inc's staffing letter, #5 Exhibit Armor Correctional Health Services, Inc's invoice to NCCC from 5/1/2015) (Gianfortune, John) |
| Filing 35 Letter advising the Court of a recent decision by MJ Shields in Brown v County, related to the issues now before it by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased) (Attachments: #1 Exhibit Decision in Brown v County of Nassau (Shields, USMJ)) (Gianfortune, John) |
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Filing 34
ORDER denying #33 Motion for Leave to File: Denied to the extent that defendant may file such a motion in accordance with Rule 4 of the Courts individual rules without first obtaining leave from the Court. SO Ordered by Judge Sandra J. Feuerstein on 9/23/2016. (Tirado, Chelsea)
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| Filing 33 Letter MOTION to request a pre-motion conference to grant defendant leave to move for dismissal of the complaint for lack of jurisdiction by Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., John P. May (Gerard, Kenneth) Modified from letter to motion on 9/27/2016 (Tirado, Chelsea). |
| Filing 32 Letter of Transmittal covering Plaintiff's opposition to the motion brought by the Defendants employed by the State, by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased) (Gianfortune, John) |
| Filing 31 NOTICE of Voluntary Dismissal by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased) as against Defendant Michael Graziano ONLY, (Gianfortune, John) |
| Filing 30 First MOTION to Dismiss the complaint by Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, Lisa Fitzgerald, "John" Francis, Ahsan Habib, Laura Hunt, Susan Jacob, Andrea Janusz, Biju Jose, Marylyn Martin-Naar, John P. May, Dorothy Mazyck, Michael Parrinello, Shakim Rivera, Carl-Henri Sanchez, Jelyn Williams. Responses due by 8/24/2016 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Memorandum in Opposition to Motion to Dimiss, #3 Memorandum in Support in Further Support of Motion to Dismiss) (Gerard, Kenneth) |
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ORDER REFERRING MOTION: #30 First MOTION to Dismiss the complaint filed by Susan Jacob, John P. May, Armor Correctional Health Services, Inc., Marylyn Martin-Naar, "John" Francis, Laura Hunt, Shakim Rivera, Biju Jose, Michael Parrinello, Jelyn Williams, Denise Brady, Armor Correctional Health Services of New York, Inc., Andrea Janusz, Dorothy Mazyck, Lisa Fitzgerald, Carl-Henri Sanchez, Ahsan Habib. Ordered by Judge Sandra J. Feuerstein on 8/24/2016. Motions referred to Arlene R. Lindsay. (Morabito, Bryan)
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| Filing 29 NOTICE of Appearance by Richard John Femia on behalf of County of Nassau, Nassau County Correctional Center, Michael J. Sposato (aty to be noticed) (Femia, Richard) |
| Filing 28 NOTICE of Appearance by Robert Frank Elliott on behalf of County of Nassau, Nassau County Correctional Center, Michael J. Sposato (aty to be noticed) (Elliott, Robert) |
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Filing 27
ORDER granting #26 Motion to Amend/Correct/Supplement Ordered by Judge Sandra J. Feuerstein on 8/12/2016. (Tirado, Chelsea)
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| Filing 26 Letter MOTION requesting leave to amend the Notice of Motion by Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, Lisa Fitzgerald, "John" Francis, Ahsan Habib, Laura Hunt, Susan Jacob, Andrea Janusz, Marylyn Martin-Naar, John P. May, Dorothy Mazyck, Michael Parrinello, Shakim Rivera, Carl-Henri Sanchez, Jelyn Williams (Gerard, Kenneth) Modified docket entry from a letter to a motion on 8/12/2016 (Tirado, Chelsea). |
| Filing 25 Letter to Armor Defendants covering Plaintiff's Opposition to Motion to Dismiss brought by Armor Defendants by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased) (Gianfortune, John) |
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ORDER terminating #24 Motion for Extension of Time to File - The parties need not file a motion seeking approval of a consensual briefing schedule under Rule 4(C) of the Court's individual rules. c/ECF Ordered by Judge Sandra J. Feuerstein on 8/4/2016. (D'Agostino, Peter)
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| Filing 24 Consent MOTION for Extension of Time to File Opposition to the motion brought by the defendants employed by NY State, and motion briefing schedule by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased). (Gianfortune, John) |
| Filing 23 NOTICE of Appearance by Kenneth G. Gerard on behalf of Shakim Rivera (aty to be noticed) (Gerard, Kenneth) |
| Filing 22 NOTICE of Appearance by Kenneth G. Gerard on behalf of Lisa Fitzgerald (aty to be noticed) (Gerard, Kenneth) |
| Filing 21 NOTICE of Appearance by Kenneth G. Gerard on behalf of Laura Hunt (aty to be noticed) (Gerard, Kenneth) |
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Electronic ORDER granting #20 to the extent that the following briefing schedule is established: the Armor Defendants' motion shall be served by 7/11/16; opposition served by 8/10/16; reply served and bundled motion filed by 8/24/16. The initial conference scheduled for 7/13/16 is adjourned to 10/27/16 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 6/9/2016. (Disbrow, Sandra)
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| Filing 20 Motion to Compel request a pre motion conference to grant Defts leave to move for dismissal or a stay or additional time to answer subject to a pre-answer motion by Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, "John" Francis, Ahsan Habib, Laura Hunt, Susan Jacob, Andrea Janusz, Biju Jose, Marylyn Martin-Naar, John P. May, Dorothy Mazyck, Michael Parrinello, Carl-Henri Sanchez, Jelyn Williams. (Gerard, Kenneth) Modified type of motion on 6/8/2016 (Florio, Lisa). |
| Filing 19 NOTICE of Appearance by Jamie Elizabeth Greenfield on behalf of Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, "John" Francis, Ahsan Habib, Susan Jacob, Andrea Janusz, Biju Jose, Marylyn Martin-Naar, John P. May, Dorothy Mazyck, Michael Parrinello, Carl-Henri Sanchez, Jelyn Williams (aty to be noticed) (Greenfield, Jamie) |
| Filing 18 ANSWER to Complaint , CROSSCLAIM against Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Michael Graziano, Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith by Nassau University Medical Center, Prachi Anand, Sabatino Ienopoli. (Troy, Edward) |
| Filing 17 NOTICE of Appearance by Kenneth G. Gerard on behalf of Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, "John" Francis, Ahsan Habib, Susan Jacob, Andrea Janusz, Biju Jose, Marylyn Martin-Naar, John P. May, Dorothy Mazyck, Michael Parrinello, Carl-Henri Sanchez, Jelyn Williams (aty to be noticed) (Gerard, Kenneth) |
| Filing 16 NOTICE of Appearance filed by John J. Doody, Esq. on behalf of Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., "John" Francis, Ahsan Habib, Susan Jacob, Andrea Janusz, Biju Jose, Marylyn Martin-Naar, John P. May, Dorothy Mazyck, Michael Parrinello, Carl-Henri Sanchez, Jelyn Williams (aty to be noticed) (Gerard, Kenneth) (Modified on 6/8/2016) |
| Filing 15 Letter (cover letter) for motion to dismiss, by Michael Graziano, Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith (Pernick, Ralph) |
| Filing 14 ANSWER to #1 Complaint, , CROSSCLAIM against Michael Graziano, Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith by County of Nassau, Nassau County Correctional Center, Michael J. Sposato. (Ben-Sorek, Liora) |
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ORDER re #13 : The time for Prachi Anand and Sabatino Ienopoli to answer, move or otherwise respond to the complaint is extended to and including June 6, 2016. Ordered by Magistrate Judge Arlene R. Lindsay on 5/11/2016. c/ecf (Imrie, Robert)
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ORDER re #12 , #11 : The time for Michael Graziano; Jordan Laguio; Cheif Makram; Brandan Smith and Doreen Mary Smith to answer, move or otherwise respond to the complaint is extended to and including June 3, 2016. Ordered by Magistrate Judge Arlene R. Lindsay on 5/11/2016. c/ecf (Imrie, Robert)
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| Filing 13 Letter MOTION for Extension of Time to File Answer/move with respect to the complaint on consent by Prachi Anand, Sabatino Ienopoli, Nassau University Medical Center (Troy, Edward) Modified original letter entry into a motion on 5/10/2016 (Florio, Lisa). |
| Filing 12 Letter MOTION for Extension of Time to File Answer/move with respect to the complaint on consent by Jordan Laguio, Cherif Makram, Michael Graziano, Jon Miller, Brandan Smith, and Doreen Smith (Troy, Edward) Modified letter entry into a motion on 5/10/2016 (Florio, Lisa). |
| Filing 11 Consent MOTION for Extension of Time to File Response/Reply to the complaint, by Michael Graziano, Jordan Laguio, Cherif Makram, Jon Miller, Brandan Smith, Doreen Mary Smith. (Pernick, Ralph) |
| Filing 10 NOTICE of Appearance by Ralph Pernick on behalf of Doreen Mary Smith (aty to be noticed) (Pernick, Ralph) |
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ORDER granting #8 : The time for Nassau Health Care Coorp, Prachi Anand and Sabatino Ienopoli to answer, move or otherwise respond to the complaint is extended to and including May 9, 2016. Ordered by Magistrate Judge Arlene R. Lindsay on 4/8/2016. c/ecf (Imrie, Robert)
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| Filing 9 NOTICE of Appearance by Ralph Pernick on behalf of Michael Graziano, Jon Miller, Brandan Smith (aty to be noticed) (Pernick, Ralph) |
| Filing 8 Letter MOTION for Extension of Time to File Answer/move with respect to the complaint by Prachi Anand, Sabatino Ienopoli, Nassau University Medical Center (Troy, Edward) Modified original letter entry into a motion on 4/7/2016 (Florio, Lisa). |
| Filing 7 NOTICE of Appearance by Edward J. Troy on behalf of Prachi Anand, Sabatino Ienopoli, Nassau University Medical Center (aty to be noticed) (Troy, Edward) |
| Filing 6 NOTICE of Appearance by Ralph Pernick on behalf of Jordan Laguio, Cherif Makram (notification declined or already on case) (Pernick, Ralph) |
| NOTICE of Hearing: Initial Conference set for 7/13/16 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, NY 11722. The parties must appear with authority, or with individuals with authority, to settle this matter. Plaintiff shall serve a copy of this Notice of Hearing upon defendant(s) and file proof of such service with the Court. c/ECF (Chan, Lisa) |
| Filing 5 Summons Issued as to Josephine "Doe", Prachi Anand, Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., Denise Brady, County of Nassau, Lisa Fitzgerald, "John" Francis, Michael Graziano, Ahsan Habib, Laura Hunt, Sabatino Ienopoli, Susan Jacob, Andrea Janusz, Biju Jose, Jordan Laguio, Cherif Makram, Marylyn Martin-Naar, John P. May, Dorothy Mazyck, Jon Miller, "Jane" Munoz, Nassau County Correctional Center, Nassau University Medical Center, Michael Parrinello, Shakim Rivera, Carl-Henri Sanchez, Brandan Smith, Doreen Mary Smith, Michael J. Sposato, Jelyn Williams. (Florio, Lisa) |
| Filing 4 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 2:16-cv-01194. (Flanagan, Doreen) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Incorrect Case Entry Information. Deleted Defendant Marilyn Martin-Naar from the case; added Defendant Marylyn Martin-Naar to the case. Document No. 1 was deleted and documents were re-filed as against all Defendants. (Flanagan, Doreen) Modified on 3/10/2016 (Flanagan, Doreen). |
| Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Christine J. Casiano(Individually), Christine J. Casiano(as Administrator of the Estate of Raymond Casiano, Deceased). (Attachments: #1 Exhibit 1 - Letters of Administration, #2 Exhibit 2 - Settlement Agreement, #3 Civil Cover Sheet, #4 Proposed Summons) (Flanagan, Doreen) |
| FILING FEE: $ 400.00, receipt number 0207-8441271 (Flanagan, Doreen) |
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