Bertrand et al v. Demmon et al
| Jamal Bertrand, Laqwan Thompson, Rashid Evans and Alexander Santos, Jr. |
| Craig Demmon, D. Hughes, G. LaBarge, S. Hough, Clark, Terry White, Bruce Yellich and John Does 1-4 |
| 9:2014cv01456 |
| December 2, 2014 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| St. Lawrence |
| David E. Peebles |
| Glenn T. Suddaby |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
65
DECISION AND ORDER granting # 59 Defendant's Motion to Stay the upcoming trial in this matter. This case is stayed pending further Order of this Court. The parties are given leave to file any necessary motions to life the stay after proceedings in the New York State Court of Claims have concluded. Signed by Chief Judge Glenn T. Suddaby on 5/26/17. (lmw)
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Filing
48
DECISION AND ORDER denying # 39 Motion for Partial Summary Judgment in regard to Plaintiffs' claim against Defendant Hughes, but granting its Motion for Partial Summary Judgment with regard to Plaintiffs' claims against Defendant White. Plaintiffs' claim against Defendant White is dismissed. It is ordered that Plaintiff shall SHOW CAUSE within fourteen (14) days of the date of this Decision and Order why their claims against Defendants John Doe 1-4 should not be sua sponte dism issed without prejudice for failure to (name and) serve those Defendants pursuant to Fed. R. Civ. P. 4(m). Counsel are directed to appear with settlement authority on 12/13/15 at 11:00 am in Syracuse for a pretrial conference. Plaintiff is directed to forward a written settlement demand to defendants by 11/18/16, and the parties are directed to engage in meaningful settlement negotiations. Signed by Chief Judge Glenn T. Suddaby on 10/25/16. (lmw)
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Filing
38
DECISION AND ORDER: ORDERED that Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 37 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion to dismiss Plaintiff Damien Bruce's claims pursuant to Fed. R. Civ. P. 41(b) (Dkt. No. 15 ) is GRANTED. ORDERED that Plaintiff Damien Bruce's claims in Waver v. Demmon, 15-CV-0403 (N.D.N.Y. filed Apr. 3, 2015), are DISMISSED. Signed by Chief Judge Glenn T. Suddaby on 5/13/16. (nas)
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Filing
6
ORDER: ORDERED that plaintiffs' motion for leave to amend and to join parties (Dkt. No. 70 in 9:14-cv-1028) is GRANTED. ORDERED, that on or before November 20, 2015, plaintiffs shall file an amended complaint in Civil Action No. 9:14-CV-1028 (GT S/DEP) in the form of that accompanying their motion. ORDERED, that the clerk shall issue summonses for the newly added defendants, and plaintiffs shall promptly make arrangements for service upon those defendants or acceptance of service by the Offi ce of the New York State Attorney General. ORDERED, that Civil Action No. 9:14-CV-1028 (GTS/DEP) is hereby severed from the remaining three actions set forth above and will proceed separately, inasmuch as it involves an incident separate and distinct from that at issue in the remaining cases. ORDERED, that defendants' application to consolidate Civil Action No. 9:15-CV-1233 (GTS/DEP) with the remaining cases involving the February 7, 2013 incident (Dkt. No. 84 in 9:14-cv-1028) is GRANTED, e xcept that, as discussed above, Civil Action No. 9:14-CV-1028 (GTS/DEP) is severed from the consolidated matters. ORDERED, that Civil Action No. 9:14-CV-1456 (GTS/DEP) is now designated as the lead case, and all filings in that case, Civil Action 9:15-CV-0403 (GTS/DEP), and Civil Action No. 9:15-CV-1233 (GTS/DEP) shall be made in that lead case. ORDERED, that plaintiffs' motion to compel discovery and compliance with the DOCCS subpoena (Dkt. No. 64 in 9:14-cv-1028) is GRANTED, in pa rt. ORDERED, that defendants and the DOCCS are hereby directed to conduct a search of all available DOCCS grievances alleging staff misconduct filed by inmates at the Bare Hill Correctional Facility from January 1, 2005 to the date of production, and to produce to plaintiffs' counsel, within twenty-one days, a list of any such grievances that relate to frostbite or exposure of inmates to cold. ORDERED, that with the exception of the foregoing, plaintiffs' motion to compel compliance wi th the subpoena at issue (Dkt. No. 64) is DENIED as moot. ORDERED, that no costs or attorney's fees are awarded to any party in connection with the pending motions. ORDERED, that the deadlines for completion of discovery and the filing of motion s in Civil Action No. 9:14-CV-1028 are hereby extended to May 2, 2016 and July 1, 2016, respectively. The deadlines for completion of discovery and the filing of motions in the remaining three, consolidated cases are hereby extended to April 1, 2016 and June 1, 2016, respectively. These deadlines are firm and will not be extended further absent compelling and unforeseen circumstances. ORDERED, that the clerk is respectfully directed to file this order in all four of the above-captioned cases. Signed by Magistrate Judge David E. Peebles on 11/12/15. (alh, )
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