Cannon v. Correctional Medical Care, Inc. et al
Plaintiff: Tracy Cannon
Defendant: Correctional Medical Care, Inc., Emre Umar, Maria Carpio, Silver Masaba, K. Coogan, John Doe 1-2, John Doe 3, County of Albany, Christian Clark and Curtis Goyer
Cross Defendant: Katherine Coogan
Not Classified By Court: David R. Homer
Cross Claimant: Craig Apple, Sr.
Case Number: 9:2015cv01417
Filed: November 25, 2015
Court: US District Court for the Northern District of New York
Office: Prisoner Office
County: Schenectady
Presiding Judge: Daniel J Stewart
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2021 Opinion or Order Filing 208 NOTICE by Tracy Cannon Request to be removed from ECF Notices (Dyson, Maria)
October 25, 2021 Opinion or Order Filing 207 STATUS REPORT Regarding Pendency of Proceedings in Surrogate's Court, and Closure of Case by Tracy Cannon. (Keach, Elmer)
October 13, 2021 Opinion or Order Filing 206 TEXT ORDER: The Court is in receipt of plaintiff's #205 Status Report. Plaintiff is directed to file another status report on or before October 22, 2021. Authorized by Magistrate Judge Daniel J. Stewart on October 13, 2021. (rep)
September 1, 2021 Opinion or Order Filing 205 STATUS REPORT Regarding Pendency of Proceedings in Surrogate's Court by Tracy Cannon. (Keach, Elmer)
August 3, 2021 Opinion or Order Filing 204 TEXT ORDER: Granting plaintiff's counsel's #203 request to file an additional status report on or before 9/1/2021. Authorized by Magistrate Judge Daniel J. Stewart on August 3, 2021. (rep)
July 30, 2021 Opinion or Order Filing 203 STATUS REPORT Regarding Pendency of Proceedings in the Surrogate's Court, and Request to file Additional Status Report with the Court on or Before September 1, 2021 by Tracy Cannon. (Keach, Elmer)
June 16, 2021 Opinion or Order Filing 202 TEXT ORDER: The Court is in receipt of plaintiff's counsel's #201 Status Report. Counsel is directed to file another status report on the docket on or before August 2, 2021. Authorized by Magistrate Judge Daniel J. Stewart on June 16, 2021. (rep)
June 11, 2021 Opinion or Order Filing 201 STATUS REPORT Regarding Pendency of Proceedings in Surrogate's Court by Tracy Cannon. (Keach, Elmer)
April 28, 2021 Opinion or Order Filing 200 TEXT ORDER: The Court is in receipt counsel's #199 Status Report. Plaintiff's counsel is directed to file another status report on the docket on or before June 1, 2021. Authorized by Magistrate Judge Daniel J. Stewart on April 28, 2021. (rep)
April 27, 2021 Opinion or Order Filing 199 STATUS REPORT Regarding Pendency of Proceedings in Surrogate's Court by Tracy Cannon. (Keach, Elmer)
April 23, 2021 Opinion or Order Filing 198 TEXT ORDER: On March 31, 2021, Plaintiff's counsel was directed to file a status report regarding this matter by April 16, 2021. To date, no report has been filed. Plaintiff's counsel is directed to file a status report by April 27, 2021. Authorized by Magistrate Judge Daniel J. Stewart on April 23, 2021. (rep)
March 31, 2021 Opinion or Order Filing 197 TEXT ORDER: On December 2, 2020, the Court received plaintiff's counsel's #196 Status Report indicating that the Petition to Distribute the settlement in this action was filed on December 1, 2020 in New York Surrogate's Court and that he anticipated it would take 90 days for the Surrogate's Court proceedings to conclude. Plaintiff's counsel is directed to file another status report regarding this matter by April 16, 2021. Authorized by Magistrate Judge Daniel J. Stewart on March 31, 2021. (rep)
December 2, 2020 Opinion or Order Filing 196 STATUS REPORT Regarding Filing of Surrogate's Court Petition for Distribution by Tracy Cannon. (Keach, Elmer)
November 24, 2020 Opinion or Order Filing 195 STATUS REPORT Regarding Proceedings in the Surrogate's Court by Tracy Cannon. (Keach, Elmer)
November 17, 2020 Opinion or Order Filing 194 TEXT ORDER: Plaintiff's counsel is directed to file another status report regarding this matter by November 23, 2020. Signed by Magistrate Judge Daniel J. Stewart on 11/17/2020. (gjr)
October 28, 2020 Opinion or Order Filing 193 STATUS REPORT The Plaintiff will file an additional Status Report on or before November 13, 2020 by Tracy Cannon. (Keach, Elmer)
October 28, 2020 Opinion or Order Filing 192 TEXT ORDER: On September 29, 2020, this Court directed Plaintiff's counsel to file another status report by October 15, 2020. See Dkt. No. 191. To date, no status report has been received. Plaintiff's counsel is directed to file their update with the Court by October 30, 2020. Authorized by Magistrate Judge Daniel J. Stewart on October 28, 2020. (rep)
September 29, 2020 Opinion or Order Filing 191 TEXT ORDER: The Court is in receipt of Plaintiff's #190 Status Letter. Plaintiff's counsel is directed to file another status report by October 15, 2020. Authorized by Magistrate Judge Daniel J. Stewart on September 29, 2020. (rep)
August 31, 2020 Opinion or Order Filing 190 Letter Motion from Elmer Keach for Tracy Cannon requesting Providing Status Report Regarding Proceedings in Surrogate's Court submitted to Judge Daniel J. Stewart . (Keach, Elmer)
July 9, 2020 Opinion or Order Filing 189 STATUS REPORT by Tracy Cannon. (Keach, Elmer)
February 28, 2020 Opinion or Order Filing 188 STATUS REPORT Regarding Pendency of Proceedings in Surrogate's Court by Tracy Cannon. (Keach, Elmer)
October 25, 2019 Opinion or Order Filing 187 STATUS REPORT Regarding Pendency of Surrogate's Court Proceedings by Tracy Cannon. (Keach, Elmer)
September 19, 2019 Opinion or Order Filing 186 STATUS REPORT Regarding Pendency of Proceedings in Surrogate's Court by Tracy Cannon. (Keach, Elmer)
August 13, 2019 Opinion or Order Filing 185 STATUS REPORT Regarding Progress of Proceedings in Surrogate's Court by Tracy Cannon. (Keach, Elmer)
July 24, 2019 Opinion or Order Filing 184 TEXT ORDER re #183 : Counsel's request is granted for permission to file a status report by 8/12/2019. Authorized by Magistrate Judge Daniel J. Stewart on 7/24/19. (nas)
July 22, 2019 Opinion or Order Filing 183 STATUS REPORT regarding pendency of settlement by Tracy Cannon. (Keach, Elmer)
June 26, 2019 Opinion or Order Filing 182 TEXT ORDER: Based upon the Status Report filed by Plaintiff on June 25, 2019, Dkt. No. #181 , the Status Telephone Conference scheduled for June 28, 2019 before the undersigned is ADJOURNED without date. Plaintiff is directed to advise as to the status of settlement in this matter by July 19, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/26/2019. (mab)
June 25, 2019 Opinion or Order Filing 181 STATUS REPORT Regarding Application for Guardian of the Property and Request for Adjournment of Conference due to Conflict by Tracy Cannon. (Keach, Elmer)
June 25, 2019 Opinion or Order Filing 180 TEXT ORDER: Counsel are directed to participate in a Telephone Status Conference on June 28, 2019 at 2:30 PM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/25/2019. (mab)
May 31, 2019 Opinion or Order Filing 179 STATUS REPORT regarding conclusion of Settlement by Tracy Cannon. (Keach, Elmer)
May 28, 2019 Opinion or Order Filing 178 TEXT ORDER: On May 23, 2019, Defendants filed a Letter Request seeking assistance with finalizing the settlement of this matter. Dkt. No. #177 . Plaintiff is directed to advise as to the status of settlement on or before May 31, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/28/2019. (mab)
May 23, 2019 Opinion or Order Filing 177 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Correctional Medical Care, Inc., Emre Umar requesting Assistance in moving Settlement Process along submitted to Judge Daniel J. Stewart . (Kelly Rebar, Cathleen)
December 27, 2017 Opinion or Order Filing 176 Transcript Redaction Request re #174 Transcript,,,,,, Sealed Document,,,,, by Molly C. Casey. (Attachments: #1 Supplement)(Casey, Molly)
December 14, 2017 Opinion or Order Filing 175 DECISION AND ORDER: ORDERED, that Plaintiff's Motion for Court Approval of the Wrongful Death Settlement (Dkt. No. #165 ) is GRANTED. ORDERED, that the letter motions of the Albany County Defendants, the CMC Defendants, and Defendants Coogan and Goyer (Dkt. Nos. 168-172) are GRANTED to the extent they are consistent with this Decision and Order. ORDERED, that all claims against Defendants Correctional Medical Care, Inc., Umar, Carpio, Masaba, County of Albany, John Doe 1-3, Goyer, Coogan, Apple, Sr., and Clark are hereby DISMISSED. ORDERED, that all cross-claims are DISMISSED. ORDERED, that the Albany County Defendants and the CMC Defendants' Motions to Dismiss (Dkt. Nos. #81 & #99 ) are DENIED as moot. ORDERED, that Tracy Cannon, as Administratrix of the Estate of Mark Cannon, Jr., is hereby authorized to accept the sum of $1,094,999.99 for settlement of all claims made on behalf of the decedent in this matter, said amount to include all claims for attorney's fees and costs. The Administratrix of the Estate of Mark Cannon, Jr. is further authorized to execute and deliver to the CMC Defendants and the Albany County Defendants a release for all claims asserted, or that could have been asserted in this litigation. ORDERED, that the terms of any non-disparagement agreement shall be consistent with this Court's ruling. ORDERED, that the Application of Plaintiff's Attorney for attorney's fees and expenses is GRANTED. Plaintiff's attorney is awarded $20,773.24 as reimbursement for litigation expenses, and $364,635.00 in attorney's fees, pursuant to the terms of the signed retainer agreement with the Law Offices of Elmer Robert Keach, III, P.C. ORDERED, that $650,000.00 of the settlement proceeds shall be held by the settling parties, and their insurance carriers, to fund a structured settlement agreement for Mark Cannon, Jr.'s daughter, said structured settlement to be approved by the Schenectady County Surrogate's Court, and to be funded within a period of time to be determined by the Surrogate's Court. ORDERED, that $385,408.24 in attorneys fees and expenses shall be paid to Plaintiff's counsel pursuant to the time constraints set forth in New York's Prompt Payment Statute, C.P.L.R. 5003-a. ORDERED, that the remaining share of the settlement, $59,591.75, shall be paid to Plaintiff's counsel pursuant to the time constraints set forth in New York's Prompt Payment Statute, C.P.L.R. 5003-a, the distribution of which is referred to the Schenectady County Surrogate's Court for disposition. ORDERED, that Plaintiff's counsel shall continue to serve as attorney for the Estate until the entry of the final decree in the Schenectady County Surrogate's Court. ORDERED, that jurisdiction is retained over this matter to enforce the terms of the settlement agreement. Signed by Magistrate Judge Daniel J. Stewart on 12/14/17. (alh, )
December 13, 2017 Opinion or Order Filing 174 TRANSCRIPT of Proceedings: Settlement conference held on 9/21/2017 before Judge Daniel J. Stewart, Court Reporter: Jacqueline Stroffolino, Telephone number: (518) 257-1894. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.( Redaction Request due 1/3/2018., Redacted Transcript Deadline set for 1/16/2018., Release of Transcript Restriction set for 3/13/2018., Notice of Intent to Redact due by 12/18/2017), ***SEALED DOCUMENT. (jxs, )
December 6, 2017 Opinion or Order TEXT NOTICE re #165 MOTION to Approve Consent Judgment Motion for Approval of Wrongful Death and Civil Rights Settlement. This motion is now fully briefed before U.S. Magistrate Judge Stewart and will be decided on the submissions only. There is no oral argument on the scheduled return date. (dpk)
December 4, 2017 Opinion or Order Filing 173 LETTER BRIEF In Response to Defendant Correctional Medical Care's Objections to the Plaintiff's Settlement Submission by Tracy Cannon. (Keach, Elmer)
December 1, 2017 Opinion or Order Filing 172 STATUS REPORT re Supplemental Response to Pltf Motion to Approve Settlement by Maria Carpio, Correctional Medical Care, Inc., Silver Masaba, Emre Umar. (Kelly Rebar, Cathleen)
November 27, 2017 Opinion or Order Filing 171 Letter Motion from Thomas A. Cullen, Esq. for Curtis Goyer requesting joining plaintiff that this matter be settled submitted to Judge Hon. Daniel J. Stewart . (Cullen, Thomas)
November 27, 2017 Opinion or Order Filing 170 Letter Motion from Molly C. Casey for Katherine Coogan . (Casey, Molly)
November 17, 2017 Opinion or Order Filing 169 LETTER BRIEF in Response to Plaintiff's Motion to Approve Settlement by Craig Apple, Sr, Christian Clark, County of Albany. (Murphy, Tracy)
November 14, 2017 Opinion or Order Filing 168 LETTER BRIEF in Response to Pltf Motion to Approve Settlement by Maria Carpio, Correctional Medical Care, Inc., Silver Masaba, Emre Umar. (Kelly Rebar, Cathleen)
October 26, 2017 Opinion or Order Filing 167 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Magistrate Judge Daniel J. Stewart. Signed by Senior Judge Gary L. Sharpe on 10/26/2017. (alh, )
October 26, 2017 Opinion or Order Filing 166 CERTIFICATE OF SERVICE by Tracy Cannon re #165 MOTION to Approve Consent Judgment Motion for Approval of Wrongful Death and Civil Rights Settlement (Keach, Elmer)
October 26, 2017 Opinion or Order Filing 165 MOTION to Approve Consent Judgment Motion for Approval of Wrongful Death and Civil Rights Settlement Motion Hearing set for 12/7/2017 09:30 AM in Albany before Magistrate Judge Daniel J. Stewart Response to Motion due by 11/20/2017 Reply to Response to Motion due by 11/27/2017. filed by Tracy Cannon. (Attachments: #1 Affirmation of Elmer Keach in Support, #2 Exhibit(s) A -- Letters of Administration, #3 Exhibit(s) B -- Order of Filiation, #4 Exhibit(s) C -- Letters of Guardianship, #5 Exhibit(s) D -- Retainer Agreement with Estate, #6 Exhibit(s) E --- Keach Law Firm Resume, #7 Exhibit(s) F -- Proposed Order, #8 Affidavit of Administrator Tracy Cannon In Support, #9 Affidavit of Davey Haggray In Support) (Keach, Elmer) (Attachment 1 replaced on 10/26/2017) (dpk, ). (Attachment 9 replaced on 10/26/2017) (dpk, ).
October 26, 2017 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #165 Motion to Approve Consent Judgment. Clerk replaced Attachment #1 and Attachment #9 which required additional redactions. (dpk)
October 25, 2017 Opinion or Order Filing 164 NOTICE by Tracy Cannon Consent to Proceed Before Magistrate Judge, Signed by All Parties (Keach, Elmer)
October 25, 2017 Opinion or Order Filing 163 Text Only Order - On September 21, 2017, Judge Stewart conducted a settlement conference. Counsel advised Judge Stewart that settlement has been reached. Plaintiff was to file a motion to approve the settlement within 30 days. Despite the passage of 30 days, the motion to approve settlement has not been filed. Plaintiff is directed to file the motion to approve settlement or a status report on or before November 8, 2017. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/25/2017. (jel, )
September 21, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Settlement Conference held on 9/21/2017. Appearances: Elmer Keach, Esq. and Plaintiff Tracy Cannon; Cathleen Rebar, Esq., Molly Case, Esq., Tracy Murphy, Esq. and Tom Cullen, Esq. Counsel advised the Court that settlement has been reached in this matter. Settlement terms were placed on the record. Plaintiff is to file a motion to approve the settlement within 30 days. The transcript of this proceeding is SEALED, but may be made available to case participants. (TIME: 3:07PM-3:24PM). (Court Reporter: Jacqueline Stroffolino) (mab)
September 18, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Settlement Conference held on 9/18/2017. Appearances: Elmer Keach, Esq. and Maria Dyson with Plaintiff Tracy Cannon; Cathleen Rebar, Esq., Molly Casey, Esq. Tracy Murphy, Esq., John Liguori, Esq. and Tom Cullen, Esq. for Defendants. The Court held settlement conference with the parties in this matter. After lengthy discussions, the parties were not able to reach settlement at this time. The parties agree to continue to work towards a resolution after this conference and advise the Court accordingly. (TIME: 10:00AM-5:15PM). (mab)
August 29, 2017 Opinion or Order Filing 162 LETTER BRIEF for Attorney Corcoran to be removed from case by Katherine Coogan, Correctional Medical Care, Inc., Emre Umar. (Corcoran, Justin)
August 25, 2017 Opinion or Order Filing 161 TEXT ONLY ORDER: By Letter-Motion (Dkt. No. #160 ), Counsel asks the Court to schedule a settlement conference and seeks a stay of certain motion filing deadlines that had previously been set by the Court. In light of this joint request, the Court sets a settlement conference for Monday, September 18, 2017, at 10:00 a.m. at the James T. Foley U.S. Courthouse, 445 Broadway, Room 409, in Albany, NY. The Court directs the personal appearance of the following individuals at this conference: Counsel for all parties; Plaintiff; the mother of Plaintiff's child; a representative with settlement authority for the Albany County Defendants; and the adjustor for the insurance company on behalf of CMC Defendants. This case is STAYED pending the settlement conference. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/25/2017. (dpk)
August 25, 2017 Opinion or Order Case Stayed (dpk)
August 21, 2017 Opinion or Order Filing 160 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Correctional Medical Care, Inc., Silver Masaba, Emre Umar requesting Settlement Conference on September 18, 2017 submitted to Judge Stewart . (Kelly Rebar, Cathleen)
August 21, 2017 Opinion or Order Filing 159 STIPULATION and PROTECTIVE ORDER re Additional Non-Party Inmate Records. Signed by Magistrate Judge Daniel J. Stewart on 8/21/2017. (mab)
August 17, 2017 Opinion or Order Filing 158 Letter Motion from Albany County Defendants for Craig Apple, Sr, Christian Clark, County of Albany requesting Protective Order re Certain Discovery Documents submitted to Judge Daniel Stewart . (Attachments: #1 Proposed Order/Judgment)(Murphy, Tracy)
August 17, 2017 Opinion or Order Filing 157 ORDER: In light of the discussion held at the August 15 and 16 Conferences, the Scheduling Order is amended as follows: 1) Status Report is due on or before August 25, 2017, wherein the parties shall provide the Court with the dates of any outstanding deposition; 2) Discovery deadline is extended to October 6, 2017; 3) Plaintiff's Expert disclosure deadline is extended to October 6, 2017; 4) Defendants' Expert disclosure deadline is extended to November 20, 2017; 5) Rebuttal Expert disclosure and Expert depositions must be completed by December 20, 2017; and 6) Motion filing deadline is set for January 20, 2018. All other provisions of the Court's Uniform Pretrial Scheduling Order shall remain in effect. Signed by Magistrate Judge Daniel J. Stewart on 8/17/17. (alh, )
August 16, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Conference held on 8/16/2017. Appearances: Elmer Keach, Esq. and Maria Dyson for Plaintiff; Seth Myer, Esq., Molly Casey, Esq., Tomas Cullen, Esq. and Tracy Murphy, Esq. for Defendants. The Court held further conference to address outstanding discovery issues in this matter. Counsel for Plaintiff and CMC were directed to confer to attempt to resolve any outstanding issues regarding document production prior to Plaintiff filing a motion to compel. Plaintiff's counsel is permitted to file a motion to amend and motion to disqualify. Remaining depositions discussed. The Court directed Letter Briefs be filed regarding CMC's request to terminate Gloria Cooper's deposition. Deadlines extended. The Court will issue a written order. (TIME: 4:05PM-5:01PM). (Court Reporter: Theresa Casal). (mab)
August 15, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Conference held on 8/15/2017. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Seth Myer, Esq., Molly Casey, Esq., Thomas Cullen, Esq. and Tracy Murphy, Esq. for Defendants. The Court held a conference to address the CMC's Letter Request regarding their intent to file a motion to terminate Gloria Cooper's deposition and to address several outstanding discovery issues in this matter. Plaintiff's counsel advises of his intent to seek leave to amend the Complaint, file a motion to compel and to move to disqualify counsel for CMC. After hearing from counsel on the record, the Court made various rulings. A further conference is scheduled for 8/16/2017. (TIME: 12:18PM-1:00PM) (Court Reporter: Lisa Tennyson) (mab)
August 11, 2017 Opinion or Order Filing 156 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Correctional Medical Care, Inc., Silver Masaba, Emre Umar requesting Conference Prior to Making an Application under Fed. R. Civ. P 30(d)(3)(A) submitted to Judge Stewart . (Kelly Rebar, Cathleen)
July 28, 2017 Opinion or Order Filing 155 TEXT ONLY ORDER: By Letter-Request, Dkt. No. #148 , Plaintiff's Counsel asks the Court for a conference to discuss his intention to amend the Amended Complaint, Dkt. No. #52 , and seeks clarification of a prior Order issued by the Court. On July 26, 2017, the Court held a conference with the parties, on the record, at which time Plaintiff temporarily withdrew the request to amend pending further review of the need to amend. With regard to the request for clarification, Plaintiff's Counsel asked for clarification of this Court's July 6, 2017 Order, Dkt. No. #145 , which denied his request for production of Part Two of the Public Health Solutions ("PHS") Report. Counsel inquires whether the Court's July 6th Order bars the Plaintiff from utilizing that portion of Part Two of the PHS Report which he had received in a separate case, Lynch v. Corr. Medical Care, pursuant to an order issued in that case by the Honorable Andrew T. Baxter, United States Magistrate Judge. Dkt. No. #148 . In Judge Baxter's Order, the Plaintiff was authorized to utilize redacted portions of Part Two of the Report in connection with the Lynch matter precisely because Part Two made specific reference to the correctional facility (Ulster County Jail) that was at issue in that case. Judge Baxter's order and associated protective order both contained a restriction that the document could not be utilized in another proceeding without a separate order from the presiding judge in that proceeding. Lynch v. Corr. Medical Care, Civ. No. 14-CV-686 (DNH/ATB), at Dkt. Nos. 66, 71, & 78. My prior July 6th Order concluded that production of Part Two of the PHS Report is not authorized, as it is not proportionally relevant to the needs of this particular case. Accordingly, the restrictions imposed by Judge Baxter remain and are not lifted by this Court's July 6, 2017 Order. In light of Plaintiff's request for clarification, the Court grants Plaintiff an extension of time by which to appeal this Court's July 6, 2017 Order, to August 11, 2017. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 7/28/17.(rlh)
July 28, 2017 Opinion or Order Filing 154 TEXT ONLY ORDER re Letter-Request, Dkt. Nos. #147 & #151 : Plaintiff's Counsel previously made an application to the Court for a conference regarding certain discovery responses provided by CMC Defendants. See Dkt. No. #129 . The Court has ruled on a portion of that dispute concerning the notes of Renee Leonard. Dkt. No. 153. After conferring further with the parties, I direct that the parties shall meet and confer with the aim of resolving/narrowing any outstanding discovery disputes. If upon the conclusion of such consultation there remains outstanding disputes, the parties shall re-submit a request for Court intervention specifically outlining the remaining disputes. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 7/28/17.(rlh)
July 28, 2017 Opinion or Order Filing 153 TEXT ONLY ORDER: By Letter-Motion (Dkt. No. #129 ), Plaintiff's Counsel sought Court intervention to deal with certain discovery issues surrounding Defendant Correctional Medical Care's ("CMC") responses to Plaintiff's document demands. These issues were discussed at varying lengths at two separate Court conferences. By this Text Order, the Court deals with that portion of Plaintiff's Letter-Motion that deals with the handwritten notes of Renee Leonard. Counsel for CMC opposed the production, claiming several privileges, Dkt. No. #149 , and Plaintiff's Counsel submitted a reply to those arguments, Dkt. No. #150 . The subject handwritten notes were provided to the Court for in camera review, bate stamped confidential 705-710. On July 26, 2017, the Court heard further argument from the parties. As noted during that conference, I find that Ms. Leonard's notes are indeed relevant in light of the claims and defenses asserted by the parties herein. I further adopt the reasoning applied in the Helijas and Zikianda matters, and find that privileges with regard to peer review, self critical analysis, quality control, and/or deliberative process are not applicable. See Helijas v. CMC, et al., Civ. No. 1:15-CV-1049, at Dkt. No. 135; Zikianda v. City of Albany, 2013 WL 936446 (N.D.N.Y. Mar. 8, 2013). Accordingly, for all the reasons stated on the record, which are incorporated herein, I direct that the six pages of notes of Renee Leonard shall be provided to all parties. I further grant the CMC Defendant's request for a protective order to the extent that, at this discovery stage, the notes shall be provided to all counsel under the same Protective Order which applies to the disclosure of the personnel records of the two Defendant Nurses. See Dkt. No. #88 . It is further ordered that there is a temporary order of protection over Ms. Leonard's deposition and there shall be no disclosure of such deposition until further order from the Court. Signed by Magistrate Judge Daniel J. Stewart on 7/28/17.(rlh)
July 26, 2017 Opinion or Order Filing 152 TEXT Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Hearing held on 7/26/2017. Appearances: Elmer Keach, Esq., for Plaintiff; Seth Myer, Esq., Molly Casey, Esq., Tracy Murphy, Esq., and Jeff Hurd, Esq., for Defendants. Court discusses outstanding discovery issues. Court addresses Dkt. No. #129 and rules that Renee Leonard's notes, which were submitted to the Court for in camera review, shall be disclosed to all parties and is subject to the same protective order previously issued by the Court with regard to personnel files. Court also provides parameters for the deposition of Renee Leonard, scheduled to occur on 7/27/17 at the courthouse. Court ruled on the request for clarification (Dkt. No. #148 ) and provides an extension of time to appeal. Court discusses the status with regard to Gloria Cooper, whom Plaintiff may or may not seek to join as a defendant. Lastly, the Court grants permission to take Renee Leonard's deposition by video and reserves on whether a gag order will be issued with regard to such video. Orders to be issued by the Court.(Court Reporter Theresa Casal)(rlh)
July 26, 2017 Opinion or Order Filing 151 LETTER BRIEF in response to Plaintiff counsel ltr dated 07.25.17 by Maria Carpio, Correctional Medical Care, Inc., Silver Masaba, Emre Umar. (Kelly Rebar, Cathleen)
July 25, 2017 Opinion or Order Filing 150 LETTER BRIEF Regarding Assertion of Privilege for Leonard Notes by CMC Defendants by Tracy Cannon. (Attachments: #1 Exhibit(s) A -- CMC Response to Plaintiff's Supplemental Demands, #2 Exhibit(s) B -- Letter from CBH Medical to NYS Commission of Corrections, #3 Exhibit(s) C -- Decision of the Court, Helijas v. Correctional Medical Care)(Keach, Elmer)
July 19, 2017 Opinion or Order Filing 149 LETTER BRIEF re applicable privileges precluding disclosure of Renee Leonard notes by Maria Carpio, Correctional Medical Care, Inc., Silver Masaba, Emre Umar. (Attachments: #1 Exhibit(s) Privilege Log)(Kelly Rebar, Cathleen)
July 14, 2017 Opinion or Order Filing 148 Letter Motion from Elmer Keach for Tracy Cannon requesting Discovery Conference with the Court submitted to Judge Daniel J. Stewart . (Keach, Elmer)
July 11, 2017 Opinion or Order Filing 147 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Correctional Medical Care, Inc., Silver Masaba, Emre Umar requesting Clarification of Order and Request for Extension submitted to Judge Stewart . (Kelly Rebar, Cathleen)
July 11, 2017 Opinion or Order Filing 146 REPLY to Response to Motion re #99 First MOTION to Dismiss Plaintiff's Complaint filed by Craig Apple, Sr, Christian Clark, County of Albany. (Attachments: #1 Exhibit(s) A A Iacovangelo v. Corr. Med. Care, Inc., 6:13-cv-06466-CJS-MWP, Dkt. Ent. #9 at 39-47)(Liguori, John)
July 6, 2017 Opinion or Order Filing 145 ORDER: ORDERED that Plaintiff's request for production of Part Two of the PHS Report is denied. Signed by Magistrate Judge Daniel J. Stewart on 7/6/17. (nas)
June 30, 2017 Opinion or Order Filing 144 ORDER: As part of this Court's March 17, 2017 Order, Dkt No. #55 , Counsel for Correctional Medical Care, Inc., provided to the Court for an in camera review certain financial statements. Those documents include the Correctional Medical Care Site Budget for the accounting periods ending 12/31/2012; 12/31/2013; 12/31/2014; 12/31/2015; and 12/31/2016, as well as the CBH Medical PC Income Statement for the periods ending 12/31/2015 and 12/31/2016; and the SM Dental PC Income Statement for 12/31/2015 and 12/31/2016. These records have been bate stamped "Confidential 689-704." Having reviewed the documents, and cognizant of the fact that the Plaintiff is making a Monell claim and is also seeking punitive damages from Correctional Medical Care, Inc., the Court concludes that the documents submitted for review should be provided to all counsel. However, due to the sensitive financial content, the Court directs that these records be marked "Attorneys Eyes Only" and be limited in their disclosure to counsel of record, counsel's staff, and experts retained by counsel. If the documents, or any part thereof, are to be included in any motion, or in a response to a motion, it should be filed preliminarily under seal, and the Court will then make a separate determination as to whether they should remain sealed. The documents in question shall be utilized only for the present action, and their disclosure in a separate action is left to the discretion of that particular court. Counsel for Correctional Medical Care, Inc., shall serve a copy of the documents, bate stamped Confidential000689-Confidential000704 upon counsel for all parties within seven days of the filing date of this Order. Signed by Magistrate Judge Daniel J. Stewart on 6/30/17.(alh, )
June 29, 2017 Opinion or Order Filing 143 ***SEALED DOCUMENT: Unredacted version of Dkt. No. #140 filed by Plaintiff Tracy Cannon. (mab)
June 28, 2017 Opinion or Order Filing 142 CERTIFICATE OF SERVICE by Tracy Cannon re #141 Response in Opposition to Motion, (Keach, Elmer)
June 28, 2017 Opinion or Order Filing 141 RESPONSE in Opposition re #99 First MOTION to Dismiss Plaintiff's Complaint filed by Tracy Cannon. (Attachments: #1 Exhibit(s) A -- Portion of Masaba Deposition, #2 Exhibit(s) B -- Deposition Transcript, Sheriff Craig Apple)(Keach, Elmer)
June 28, 2017 Opinion or Order Filing 140 LETTER BRIEF regarding In Camera Review of Report by Public Health Solutions by Tracy Cannon. (Dyson, Maria)
June 28, 2017 Opinion or Order Filing 139 LETTER BRIEF outlining position on disclosure of PHS Second Audit Report by Maria Carpio, Correctional Medical Care, Inc., Silver Masaba, Emre Umar. (Kelly Rebar, Cathleen)
June 28, 2017 Opinion or Order Filing 138 ***SEALED DOCUMENT: Affidavits filed under seal pursuant to the Court's Order at Dkt. No. #135 . (mab)
June 28, 2017 Opinion or Order Filing 137 TEXT ORDER: On June 24, 2017, Plaintiff filed a Letter Request seeking a conference to address outstanding discovery in this matter. Dkt. No. #129 . Although these issues were preliminarily outlined during the Discovery Hearing held on June 26, 2017, the Court directs Defendants to file a response to Plaintiff's submission by July 10, 2017. Plaintiff may file a reply to Defendants' response by July 14, 2017. SO ORDERED Magistrate Judge Daniel J. Stewart on 6/28/2017. (mab)
June 28, 2017 Opinion or Order Set Deadlines: Discovery due by 9/15/2017. Motions to be filed by 12/15/2017. (mab)
June 27, 2017 Opinion or Order Filing 136 MEMORANDUM-DECISION AND ORDER: ORDERED, that the Motion of the Commission of Correction to Quash Plaintiff's Subpoena (Dkt. No. 93 ) is hereby GRANTED. ORDERED, that the Clerk of the Court remove the restrictive filing associated with the Motion to Quash as the Court has reviewed its contents and deems nothing therein to be properly shielded from the public's review. Signed by Magistrate Judge Daniel J. Stewart on 6/27/17. (alh, )
June 27, 2017 Opinion or Order Filing 135 ORDER: ORDERED, that this Court will allow the Defendants who have consented to proceed with joint representation by the Stewart Bernstiel Rebar & Smith Law Firm. Such consent to joint representation at this stage of the litigation does not waive their right to retain separate counsel in the future. ORDERED, that the Clerk of the Court shall note the substitution of counsel for Defendants Coogan and Goyer (Dkt. Nos. #126 & #128 ) and terminate the Stewart Bernstiel Rebar & Smith Law Firm appearances on behalf of those Defendants. ORDERED, that the Declarations submitted to the Court for an in camera review shall be docketed under seal. Signed by Magistrate Judge Daniel J. Stewart on 6/27/17. (alh, )
June 27, 2017 Opinion or Order Filing 134 LETTER/ORDER Setting Hearing on Motion #99 First MOTION to Dismiss Plaintiff's Complaint : Response to Motion due by 6/28/2017, Reply to Response to Motion due by 7/12/2017, Motion Hearing set for 7/20/2017 at 09:00 AM in Albany before Senior Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. Signed by Senior Judge Gary L. Sharpe on 6/27/2017. (jel, )
June 26, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Hearing held on 6/26/2017. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Seth Myer, Esq., Molly Casey, Esq., John Liguori, Esq. and Thomas Cullen, Esq. for Defendants; Defendants Curtis Goyer and Katherine Coogan were also present at the request of the Court. The Court held individual discussions with Defendant Coogan and Atty Casey and then with Defendant Goyer and Atty Cullen regarding representation in this matter. These discussions were held outside the presence of other counsel and parties and are sealed. After such discussions, the Court is satisfied with the representation of the CMC Defendants. All counsel return to the Courtroom and the discussions are no longer sealed. The Court hears from counsel with regard to the remaining depositions and outstanding discovery. A deposition schedule is set. Expert disclosure deadlines are set. Discovery is extended to 9/15/17. Dispositive motions to be filed by 12/15/17. (TIME: 10:33AM-11:43AM). (Court Reporter: Lisa Tennyson) (mab)
June 26, 2017 Opinion or Order Filing 133 Letter Motion from Elmer Keach for Tracy Cannon requesting Second Extension of Time to Complete Briefing on Albany County Motion to Dismiss Until June 28, 2017, On Consent submitted to Judge Gary L. Sharpe . (Keach, Elmer)
June 26, 2017 Opinion or Order Filing 132 TEXT ONLY ORDER. An in-court discovery conference was held on June 26, 2017, with counsel for all the parties. During that conference the Court granted, in part, Plaintiff's request for additional depositions, and the parties worked together to create a deposition schedule. Pursuant to that schedule, depositions will be conducted on the 24th and 25th of July, and those depositions may include Nurse Taylor; Nurse Laburtie; Defendant Christian Clark or a separate 30(b)(6) witness; Gloria Cooper; and Richard Peters. On July 26, defense counsel will attempt to produce, via subpoena, Davey Haggray and Victoria Sosa for depositions. Renee Leonard will be deposed on July 27. On August 14, Nurse Katherine Coogan will be deposed. A follow-up deposition of Dr. Masaba will take place on August 15 in the morning, to be followed in the afternoon with the depositions of Corrections Officers Scattle and Fantroy. Wednesday, August 16, will be reserved as an open date for additional depositions to be noticed by Defendants. August 17 is reserved for the deposition of Defendant Emre Umar. The discovery deadline for fact discovery is extended to September 15, 2017. Plaintiff's expert disclosures are due on September 15, 2017. Defendants' expert disclosures are due on October 31, 2017. Rebuttal experts must be noticed by November 15, 2017. Expert depositions, if any, will be completed by December 1, 2017. Dispositive motions must be filed by December 15, 2017. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 6/26/2017. (Stewart, Daniel)
June 24, 2017 Opinion or Order Filing 131 CERTIFICATE OF SERVICE by Tracy Cannon re #130 Notice (Other) (Keach, Elmer)
June 24, 2017 Opinion or Order Filing 130 NOTICE by Tracy Cannon Regarding Order of Filiation (Attachments: #1 Exhibit(s) Order of Filiation)(Keach, Elmer)
June 24, 2017 Opinion or Order Filing 129 Letter Motion from Elmer Keach for Tracy Cannon requesting Discovery Conference with the Court submitted to Judge Daniel J. Stewart . (Attachments: #1 Exhibit(s) A -- CMC Response to Plaintiff's Supplemental Demands, #2 Exhibit(s) B -- CMC Privilege Log)(Keach, Elmer)
June 23, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Hearing held on 6/23/2017. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Seth Myer, Esq., Molly Casey, Esq., Tracy Murphy, Esq. and Thomas Cullen, Esq. for Defendants. The Court held a hearing to address outstanding discovery in this matter and to confirm attorney representation for the CMC Defendants. The Court has received the Affidavits from the CMC Defendants in response to the Order to Show Cause. The Court begins by questioning Atty Casey regarding her representation of Defendant Coogan. Atty Casey advised that she has only just received the consent to change attorneys and has no spoken to Defendant Coogan. Atty Cullen confirms the same with regard to Defendant Goyer. The Court adjourns this matter to 6/26/2017 at 10:30 AM and directs that Defendants Coogan and Goyer be present in person. Prior to that date and time, new counsel is to meet with their clients. The Court also hears from the parties as to the remaining depositions that need to be conducted and any additional discovery issues. The Court will address extending the deadlines at the 6/26 conference. (TIME: 10:03AM-10:55AM). (Court Reporter: Theresa Casal) (mab)
June 22, 2017 Opinion or Order Filing 128 NOTICE of Appearance by Molly C. Casey on behalf of Katherine Coogan (Attachments: #1 Supplement Consent to Change attorney)(Casey, Molly)
June 21, 2017 Opinion or Order Filing 127 CERTIFICATE OF SERVICE by Curtis Goyer re #126 Notice of Appearance of Thomas A. Cullen, Esq. (Cullen, Thomas)
June 21, 2017 Opinion or Order Filing 126 NOTICE of Appearance by Thomas A. Cullen on behalf of Curtis Goyer (Cullen, Thomas)
June 21, 2017 Opinion or Order TEXT NOTICE: As directed by the Court's Text Order dated June 13, 2017, Dkt. No. 123 , Magistrate Judge Stewart has received the documents from Public Health Solutions in response to Plaintiff's Subpoena in this matter for an in camera review. (mab)
June 19, 2017 Opinion or Order Filing 125 Letter Motion from Elmer Keach for Tracy Cannon requesting Extension of Time to Respond to Albany County Motion to Dismiss until June 26, 2017, and Extension of Associated Deadlines submitted to Judge Gary L. Sharpe . (Keach, Elmer)
June 14, 2017 Opinion or Order Set Hearing per Text Order, Dkt. No. 124: Discovery Hearing set for 6/23/2017 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. (alh, )
June 13, 2017 Opinion or Order Filing 124 TEXT ORDER granting in part and denying in part #112 Letter Request. On May 23, 2017 this Court issued an Order to Show Cause regarding the continued joint representation of certain Defendants by the law firm of Stewart Burnstiel Rebar and Smith. Dkt. No. 104. Thereafter Plaintiffs counsel filed a letter request on May 28, 2017 regarding certain discovery issues and made a request for a specific date be set for new counsel to appear for Defendants Coogan and Goyer. Dkt. No. 112. Attorney Rebar then filed a letter with the Court indicating that her firm was seeking to withdraw as counsel for Defendants Coogan and Goyer, and was making arrangements to have separate counsel appointed. Dkt. No. 122. Considering the importance of this representation issue on the outcome of the case and the need to promote an orderly and efficient discovery process, the Court sets the matter down for a hearing and/or discovery conference on June 23, 2017 at 10:00 a.m. On that date, counsel for all parties shall be present, as well as all CMC Defendants. However, Defendants Umar, Carpio and Masaba need not be present at the hearing so long as, prior to June 23, 2017, they have filed with the Court their sworn affidavits consenting to continued joint representation. Further, in the event that prior to June 23, 2017 Defendants Goyer and Coogan have retained counsel, that newly retained counsel must appear at the June 23, 2017 hearing and be prepared to discuss a comprehensive schedule for discovery and motions. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 6/13/2017. (Stewart, Daniel)
June 13, 2017 Opinion or Order Filing 123 TEX ORDER granting in part and denying in part #118 Letter Request. Correctional Medical Care's counsel has objected to a subpoena issued to Public Health Solutions calling for the production to Plaintiff's counsel of an un-redacted copy of part two of its Retrospective Review of Healthcare Services Provided by Correctional Medical Care, Inc. This report has been the subject of a separate order by Magistrate Judge Andrew T. Baxter in the case of Lynch v. CMC, 14-CV-686. After hearing oral argument on this issue, the Court directs that CMC's counsel contact Public Health Solutions, provide them a copy of this Text Order, and advise them to transmit both parts one and two of its Retrospective Review directly to chambers for an in camera review. Production of both parts of the report to chambers shall satisfy the subpoena. Counsel shall have fourteen (14) days from the date of this Order to submit letter briefs, not to exceed three (3) pages, regarding their respective position concerning disclosure. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 6/13/2017. (Stewart, Daniel)
June 12, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Hearing held on 6/12/2017. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Seth Myers, Esq., John Liguori, Esq. and Tracy Murphy, Esq. for Defendants. The Court held a conference to address outstanding discovery issues in this matter. Counsel advise as to the remaining depositions that need to be conducted. The Court addresses the CMC Defendants' request to quash Plaintiff's subpoena to Public Health Solutions. The Court directs that Public Health Solutions provide the documents that are the subject of the subpoena to Chambers for an in camera review. The Court excuses all counsel except for the CMC Defendants' counsel. The Court discusses representation of the CMC Defendants with Atty Myers. This portion of the proceeding and the transcript are sealed. (TIME: 2:04PM-2:39PM). (Court Reporter: FTR) (mab)
June 9, 2017 Opinion or Order Filing 122 STATUS REPORT as Ordered in Court's May 31, 2017 Order by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar. (Kelly Rebar, Cathleen)
June 9, 2017 Opinion or Order Filing 121 TEXT ORDER granting Plaintiff's #119 request for an adjournment of the discovery conference in this matter. The conference is RESCHEDULED for June 12, 2017 at 2:00 PM before the undersigned. Counsel are directed to appear IN-PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/9/2017. (mab)
June 9, 2017 Opinion or Order Filing 120 REPLY to Response to 93 MOTION to Quash filed by the New York State Commission of Correction. (mab)
June 8, 2017 Opinion or Order Filing 119 Letter Motion from Elmer Keach for Tracy Cannon requesting Adjournment of Status Conference Scheduled for June 9, 2017 until June 12, 2017 submitted to Judge Daniel J. Stewart . (Keach, Elmer)
June 7, 2017 Opinion or Order Filing 118 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar requesting Quash Plaintiff's counsel subpoena to PHS submitted to Judge Stewart . (Kelly Rebar, Cathleen)
June 7, 2017 Opinion or Order Filing 117 STATUS REPORT re Affidavit of Non-Service for Davery Haggray by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar. (Kelly Rebar, Cathleen)
June 5, 2017 Opinion or Order Filing 116 STATUS REPORT by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar. (Kelly Rebar, Cathleen)
June 2, 2017 Opinion or Order Filing 115 STATUS REPORT Providing Subpoena to Court pursuant to the direction of Judge Baxter by Tracy Cannon. (Keach, Elmer)
June 1, 2017 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #114 Reply in Support of #81 Motion to Dismiss: Clerk has modified the text of the entry to clarify that this submission is the Reply. (alh, )
May 31, 2017 Opinion or Order Filing 114 REPLY in Support of #81 MOTION to Dismiss for Failure to State a Claim filed by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar. (Attachments: #1 Exhibit(s) COC Report)(Kelly Rebar, Cathleen) Modified on 6/1/2017 to clarify this is the Reply (alh, ).
May 31, 2017 Opinion or Order Filing 113 TEXT ORDER granting in part and denying in part #109 Letter Request; deferring ruling on #112 Letter Request. On May 23, 2017 this Court issued a Dunton Order regarding the joint representation of Defendants by the firm of Stewart Bernstiel Rebar & Smith. Dkt. No. 104. Thereafter attorney Rebar requested that the Court stay all depositions pending resolution of any potential conflict issue. Dkt. No. 109. The Court held a conference with counsel, and agreed to adjourn the depositions of non-party Rene Leonard and Defendant Nurse Coogan. The deposition of Sheriff Craig Apple and Plaintiff Tracy Cannon will proceed as scheduled. The deposition of Defendant Emre Umar has been adjourned for a separate reason. Defendants counsel are directed to file a written status update on or before June 9, 2017 regarding efforts to obtain separate counsel for Defendants Coogan and Goyer. Upon the appearance of separate counsel, the Court will convene a conference to discuss any remaining discovery issues, and if necessary, to adjust the discovery schedule. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 5/31/2017. (Stewart, Daniel)
May 28, 2017 Opinion or Order Filing 112 Letter Motion from Elmer Keach for Tracy Cannon requesting Discovery Conference with the Court Regarding Deposition of Emre Umar and Joint Representation Issues submitted to Judge Daniel J. Stewart . (Attachments: #1 Exhibit(s) Partial Transcript of Curtis Goyer)(Keach, Elmer)
May 26, 2017 Opinion or Order Filing 111 STIPULATION and PROTECTIVE ORDER Re Non-Party Inmate Records. Signed by Magistrate Judge Daniel J. Stewart on 5/26/2017. (mab)
May 25, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Conference held on 5/25/2017. Appearances: Elmer Keach, Esq., and Maria Dyson, Esq. for Plaintiff; Seth Myers, Esq. and Tracy Murphy, Esq. for Defendants. The Court held a conference to address the CMC Defendants' request to stay depositions pending the response to the Court's Order to Show Cause regarding joint representation. The Court heard from counsel and directed that the depositions of Rene Leonard and Nurse Coogan be adjourned, but other scheduled depositions would go forward. The Court excused Plaintiff's counsel and Albany County's counsel and discussed the issue of joint representation with Atty Myers. The portion of the transcript containing the discussions with Atty Myers are sealed. (Court Reporter: Theresa Casal). (TIME: 11:12AM-11:48AM). (mab)
May 25, 2017 Opinion or Order Filing 110 Text Only Order - Correctional Medical Care defendants' request for a three business day extension to file a reply, (Dkt. No. #108 ), is GRANTED. Reply papers are to be filed on or before May 31, 2017. Motion hearing remains scheduled for June 1, 2017 at 9:00 a.m. on SUBMIT only. No personal appearances are needed. For future reference, requests for extension filed on the date a filing is due are disfavored and may not be granted. Requests for extension should be filed as soon as it becomes apparent that an extension is needed, but not later than two days before the deadline. IT IS SO ORDERED. Authorized by Senior Judge Gary L. Sharpe on 5/25/17. (nas)
May 25, 2017 Opinion or Order Filing 109 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar requesting Deposition Postponement due to Court Order to Show Cause submitted to Judge Daniel J. Stewart . (Kelly Rebar, Cathleen)
May 25, 2017 Opinion or Order Filing 108 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar requesting 3 Business day extension to Reply submitted to Judge Sharpe . (Kelly Rebar, Cathleen)
May 25, 2017 Opinion or Order Court received Exhibits 1 and 2 (CD's) as it pertains to the plaintiff's #97 response papers which are marked on the court's docket as [97-1] and [97-2]. (jel, )
May 24, 2017 Opinion or Order Filing 107 Letter Motion from Tracy Murphy for Craig Apple, Sr, Christian Clark, County of Albany requesting Protective Order regarding non-party inmate telephone recordings and records submitted to Judge Daniel J. Stewart . (Attachments: #1 Proposed Order/Judgment)(Murphy, Tracy)
May 23, 2017 Opinion or Order Filing 106 STATUS REPORT by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar. (Kelly Rebar, Cathleen)
May 23, 2017 Opinion or Order Filing 105 TEXT ORDER denying #100 Letter Request as moot in light of Plaintiff's response being filed at Dkt. No. 101. Plaintiff's response is accepted for filing and will be reviewed by the Court. Authorized by Magistrate Judge Daniel J. Stewart on 5/23/17. (nas, )
May 23, 2017 Opinion or Order Filing 104 ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT OBTAIN SEPARATE COUNSEL as to the Correctional Medical Care Defendants. Signed by Magistrate Judge Daniel J. Stewart on 5/23/2017. (mab)
May 23, 2017 Opinion or Order Filing 103 LETTER BRIEF by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar. (Attachments: #1 Affidavit Maria Carpio executed Affidavit)(Kelly Rebar, Cathleen)
May 23, 2017 Opinion or Order Set Deadlines: Correctional Medical Care Defendants to respond to #104 Order to Show Cause by 6/23/2017. (mab)
May 20, 2017 Opinion or Order Filing 102 CERTIFICATE OF SERVICE by Tracy Cannon re #101 Response in Opposition to Motion (Keach, Elmer)
May 20, 2017 Opinion or Order Filing 101 RESPONSE in Opposition re 93 MOTION to Quash filed by Tracy Cannon. (Attachments: #1 Exhibit(s) A -- Plaintiff's Subpoena to NYS Commission of Correction, #2 Memorandum of Law)(Keach, Elmer)
May 19, 2017 Opinion or Order Filing 100 Letter Motion from Elmer Keach for Tracy Cannon requesting One Day Extension of Time, until May 20, 2017, to Respond to Motion to Quash from NYS Commission of Correction submitted to Judge Daniel J. Stewart . (Keach, Elmer)
May 19, 2017 Opinion or Order Filing 99 First MOTION to Dismiss Plaintiff's Complaint Motion Hearing set for 7/6/2017 10:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 6/19/2017 Reply to Response to Motion due by 6/26/2017. filed by Craig Apple, Sr, Christian Clark, County of Albany. (Attachments: #1 Memorandum of Law) (Liguori, John)
May 19, 2017 Opinion or Order Filing 98 CERTIFICATE OF SERVICE by Tracy Cannon re #97 Response in Opposition to Motion,, (Keach, Elmer)
May 18, 2017 Opinion or Order Filing 97 RESPONSE in Opposition re #81 MOTION to Dismiss for Failure to State a Claim filed by Tracy Cannon. (Attachments: #1 Exhibit(s) One -- Physical Exhibit to Be Filed, #2 Exhibit(s) Two -- Physical Exhibit to Be Filed, #3 Exhibit(s) Three -- COC Report on Cannon Death, #4 Exhibit(s) Four -- AG Settlement Agreement with CMC, #5 Exhibit(s) Five -- AG Press Release Regarding CMC, #6 Exhibit(s) Six - Public Health Solutions Medical Records Review, #7 Exhibit(s) Seven - Public Health Solutions Retrospective Review)(Keach, Elmer)
May 15, 2017 Opinion or Order Filing 96 TEXT ONLY ORDER - GRANTING plaintiff's #95 Letter Motion from Elmer Robert Keach, III for Tracy Cannon requesting Extension of Time to Respond to Motion to Dismiss, and Corresponding Extension for Reply Brief : Response to Motion due by 5/18/2017, Reply to Response to Motion due by 5/25/2017, Motion Hearing set for 6/1/2017 at 09:00 AM in Albany before Senior Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. Issued by Senior Judge Gary L. Sharpe on 5/15/2017. (jel, )
May 12, 2017 Opinion or Order Filing 95 Letter Motion from Elmer Robert Keach, III for Tracy Cannon requesting Extension of Time to Respond to Motion to Dismiss, and Corresponding Extension for Reply Brief submitted to Judge Gary L. Sharpe . (Keach, Elmer)
May 5, 2017 Opinion or Order Filing 94 SUBPOENA ISSUED to Albany County Family Court at the request of Plaintiff. Signed by Magistrate Judge Daniel J. Stewart on 5/5/2017. (mab)
May 5, 2017 Opinion or Order TEXT NOTICE as to 93 MOTION to Quash a Subpoena filed by the New York State Commission of Correction. Response to Motion due by 5/19/2017. The motion is returnable before Magistrate Judge Daniel J. Stewart and will be on SUBMIT only. No oral argument will be heard unless otherwise directed by the Court. {Copy of this Text Notice mailed to counsel for NYS Commission of Correction]. (mab)
May 4, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Hearing held on 5/4/2017. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Seth Meyer, Esq., Tracy Murphy, Esq. and John Liguori, Esq. for Defendants. The Court held a conference to address ongoing discovery issues in this matter. First, Plaintiff requests the Court to "so order" a Subpoena to Albany County Family Court. The request is granted and the Subpoena is "so ordered". Second, the Court addresses the remaining depositions that need to be scheduled. After hearing from counsel, the Court confirms the schedule for depositions for May and June. Next, the Court directs that a Dunton Order be issued to the Correctional Medical Care Defendants regarding potential conflicts and that Affidavits in response be filed under seal. Finally, the Court acknowledges receipt of a Motion to Quash a Subpoena served by Plaintiff upon the NYS Commission of Corrections. All counsel acknowledge receipt of this motion and supporting papers. The Court directs that this motion be filed on the case docket as restricted and available only to case participants. A response to such motion is to be filed within 2 weeks. A written Order will be issued. (TIME: 3:04PM-3:25PM). (Court Reporter: Lisa Tennyson) (mab)
May 4, 2017 Opinion or Order Filing 92 TEXT ORDER: Counsel are directed to participate in a Telephone Conference on May 4, 2017 at 3:00 PM. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/4/2017. (mab)
May 3, 2017 Opinion or Order Filing 91 STATUS REPORT Regarding Scheduling and Other Issues by Tracy Cannon. (Attachments: #1 Exhibit(s) Proposed Albany County Family Court Subpoena)(Keach, Elmer)
May 3, 2017 Opinion or Order Filing 90 STATUS REPORT by Craig Apple, Sr, Christian Clark, County of Albany. (Murphy, Tracy)
May 3, 2017 Opinion or Order Filing 89 STATUS REPORT to Honorable Daniel J. Stewart by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar. (Kelly Rebar, Cathleen)
April 28, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Conference held on 4/28/2017. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Seth Meyer, Esq., Tracy Murphy, Esq. and John Liguori, Esq. for Defendants. The Court held a conference to address several ongoing discovery disputes with regard to the scheduling of depositions in this matter. After hearing from counsel on the record, various rulings were made. Parties agreed to hold depositions at the courthouse and dates were confirmed for certain individuals. Counsel are to file a Status Report by 5/3/2017. A further conference will be held on 6/9/2017 at 2:00 PM in Albany, NY before Magistrate Judge Daniel J. Stewart. The Court will issue a written Order. (TIME: 3:04PM-3:48PM). (Court Reporter: Theresa Casal) (mab)
April 28, 2017 Opinion or Order Filing 88 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Daniel J. Stewart on 4/27/2017. (mab)
April 27, 2017 Opinion or Order Filing 87 STATUS REPORT regarding Scheduling by Tracy Cannon. (Keach, Elmer)
April 26, 2017 Opinion or Order Filing 86 LETTER BRIEF by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar. (Attachments: #1 Protective Order)(Kelly Rebar, Cathleen)
April 26, 2017 Opinion or Order Filing 85 TEXT ORDER. A telephone conference was held with the parties on April 24, 2017, to discuss outstanding discovery issues. The Court has issued separate orders in connection with the request to redact the February 27, 2017 transcript, as well as the request to resolve the outstanding dispute concerning a protective order. As to the remaining issues, Plaintiff's counsel is granted permission to file a Motion to Compel concerning documents maintained by a nonparty and recently subpoenaed. Plaintiff's counsel is to consult with counsel for the County of Albany concerning the "death investigation log" that is apparently in dispute. Plaintiff's counsel is to advise the Court within one week if he wishes the Court to assist in obtaining the order of filiation from the Albany County Family Court. On the issue of depositions, Plaintiff's counsel has indicated an intent to do approximately 17 depositions. The Court is not authorizing depositions in excess of the number provided for under Rule 30 at this time, and directs Plaintiff's counsel to pick the 10 most important individuals to depose immediately. In light of the upcoming discovery deadline, the parties are directed to work together and propose an aggressive deposition schedule for the months of May and June, and to have that schedule ready to review at the conference with the Court that is set for Friday, April 28, 2017 at 3:00pm in Albany. Unless otherwise agreed, the depositions will take place at the Federal Courthouse in Albany, and should begin at 9:30 AM and end no later than 5:00 PM. The Court reserves on the parties joint request to extend the discovery and expert deadlines. The CMC Defendants' request to have the Court appoint a monitor to oversee discovery, and to charge the cost of that monitor to Plaintiff and her counsel, is denied. The parties are again counseled on the need for courtesy and civility in this unnecessarily contentious litigation. Signed by Magistrate Judge Daniel J. Stewart on 4/26/2017. (Stewart, Daniel)
April 26, 2017 Opinion or Order Filing 84 ORDER granting #67 Letter Request. A dispute has arisen regarding the content of a protective order covering recently reviewed personnel files. The Court grants the request to adopt the protective order proposed by defense counsel [67-1]. By April 28, 2017 defense counsel shall file the protective order so it can be endorsed by the by the Court. Signed by Magistrate Judge Daniel J. Stewart on 4/26/2017. (Stewart, Daniel)
April 26, 2017 Opinion or Order Filing 83 ORDER granting #79 Letter Request. Counsel for the CMC Defendants has requested that a certain portion of the February 27, 2017 transcript of proceedings, and in particular page 36, line 25 of that transcript, which specified the content of settlement discussions, be redacted. That request is granted and the Court Reporter is directed to make the necessary redactions. Signed by Magistrate Judge Daniel J. Stewart on 4/26/2017. (Stewart, Daniel)
April 26, 2017 Opinion or Order Filing 82 TEXT ORDER: A Discovery Conference is set for April 28, 2017 at 3:00 PM in Albany, NY before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/26/2017. (mab)
April 25, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Telephone Conference held on 4/25/2017. Appearances: Maria Dyson, Esq. for Plaintiff; Seth Meyer, Esq., John Liguori, Esq. and Tacy Murphy, Esq. for Defendants. The Court held a telephone conference to address outstanding discovery issues in this matter. First, the Court addressed the CMC Defendants' request to seal portions of the 2/27/2017 transcript which discussed settlement. Plaintiff does not object. The Court grants the request. Secondly, the Court addresses the dispute between the parties with regard to the proposed protective order. After hearing from counsel, the Court accepts the proposed protective order as submitted by CMC Defendants. Counsel are directed to file the final version on the case docket for Court approval. The Court heard from all counsel as to the various outstanding discovery responses and issues with scheduling depositions. The Court directs the parties to confer and agree upon an aggressive deposition schedule for the month of May. The parties are in agreement that deadlines may need to be extended. A further conference will be held on 4/28/2017 to address the depositions schedule and the request to extend deadlines. The Court will issue a summary order. (Court Reporter: Theresa Casal). (mab)
April 25, 2017 Opinion or Order TEXT ONLY NOTICE of Hearing on Motion #81 MOTION to Dismiss for Failure to State a Claim : Response to Motion due by 5/15/2017. Reply to Response to Motion due by 5/22/2017. Motion Hearing set for 6/1/2017 at 09:00 AM in Albany before Senior Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. (jel, )
April 24, 2017 Opinion or Order Filing 81 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/25/2017 10:00 AM in Albany before Magistrate Judge Gary Sharpe Response to Motion due by 5/8/2017 Reply to Response to Motion due by 5/15/2017. filed by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar. (Attachments: #1 Memorandum of Law) (Kelly Rebar, Cathleen)
April 24, 2017 Opinion or Order Filing 80 ANSWER to #65 Answer to Amended Complaint,, Crossclaim, by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar.(Kelly Rebar, Cathleen)
April 17, 2017 Opinion or Order Filing 79 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar requesting redaction of February 27, 2017 transcript submitted to Judge Daniel J. Stewart . (Kelly Rebar, Cathleen)
April 17, 2017 Opinion or Order Filing 78 Transcript Redaction Request re #73 Transcript,,,, by Cathleen Kelly Rebar. (Kelly Rebar, Cathleen)
April 13, 2017 Opinion or Order Filing 77 TEXT ORDER: A Telephone Conference is scheduled for April 25, 2017 at 10:30 AM before the undersigned to address outstanding issues in this matter. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/13/2017. (mab)
April 10, 2017 Opinion or Order Filing 76 TEXT ONLY ORDER finding as moot #66 Letter Request. In light of the Plaintiff's response (Dkt. No. #68 ), the matter is now moot. Signed by Magistrate Judge Daniel J. Stewart on 4/10/17.(rlh)
April 10, 2017 Opinion or Order Filing 75 TEXT ORDER regarding #71 Letter Motion requesting an extension of time to comply with the Discovery Order, Dkt. No. #55 , which directed supplemental discovery responses by the CMC Defendants, and is requesting an extension of time to respond to the #52 Amended Complaint. The Court GRANTS defendants Carpio, Coogan, Correctional Medical Care, Inc., Masaba, and Umar an extension of time until 4/24/17 to comply with the Discovery Order, Dkt. No. 55, and an extension until 4/24/17 to respond or otherwise move with respect to the #52 Amended Complaint. These defendants are reminded that the deadline to answer the crossclaims contained in the #65 Answer and Crossclaim is 4/24/17. Authorized by Magistrate Judge Daniel J. Stewart on 4/10/17. (alh, )
April 10, 2017 Opinion or Order Filing 74 TRANSCRIPT of Proceedings: Digitally Recorded Discovery Conference held on March 13, 2017, before Judge Daniel J. Stewart, Court Reporter/Transcriber: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/1/2017. Redacted Transcript Deadline set for 5/11/2017. Release of Transcript Restriction set for 7/10/2017. Notice of Intent to Redact due by 4/17/2017 (lt, ) (Main Document 74 replaced on 4/28/2017) (lt, ).
April 10, 2017 Opinion or Order Filing 73 TRANSCRIPT of Proceedings: Teleconference held on February 27, 2017, before Judge Daniel J. Stewart, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/1/2017. Redacted Transcript Deadline set for 5/11/2017. Release of Transcript Restriction set for 7/10/2017. Notice of Intent to Redact due by 4/17/2017 (lt, ) (Main Document 73 replaced on 4/28/2017) (lt, ).
April 5, 2017 Opinion or Order Filing 72 AFFIDAVIT in Support re #71 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar requesting Extension of Time to Answer submitted to Judge Stewart filed by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar. (Kelly Rebar, Cathleen)
April 5, 2017 Opinion or Order Filing 71 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar requesting Extension of Time to Answer submitted to Judge Stewart . (Kelly Rebar, Cathleen)
April 4, 2017 Opinion or Order Filing 70 CERTIFICATE OF SERVICE by Craig Apple, Sr, Christian Clark, County of Albany re #65 Answer to Amended Complaint,, Crossclaim, (Murphy, Tracy)
April 4, 2017 Opinion or Order Filing 69 Letter Motion from Cathlen Kelly Rebar for Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar requesting conference submitted to Judge Daniel J. Stewart . (Kelly Rebar, Cathleen)
April 4, 2017 Opinion or Order Filing 68 LETTER BRIEF Withdrawing Subpoenas for April 24, 2017, and Addressing Proposed Protective Order by Tracy Cannon. (Attachments: #1 Exhibit(s) Stipulation and Protective Order, Lynch v. CMC)(Keach, Elmer)
April 4, 2017 Opinion or Order Set Answer Deadlines for Crossclaim contained in #65 Answer to Amended Complaint and Crossclaim: Maria Carpio answer due 4/24/2017; Katherine Coogan answer due 4/24/2017; Correctional Medical Care, Inc. answer due 4/24/2017; Silver Masaba answer due 4/24/2017; Emre Umar answer due 4/24/2017. (alh, )
April 3, 2017 Opinion or Order Filing 67 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar requesting Granting CMC Proposed Protective Order submitted to Judge Stewart . (Attachments: #1 Exhibit(s) CMC Proposed Protective Order, #2 Exhibit(s) Pltf Proposed Protective Order)(Kelly Rebar, Cathleen)
April 3, 2017 Opinion or Order Filing 66 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar requesting Quash Two Non party subpoenas submitted to Judge Judge Stewart . (Attachments: #1 Exhibit(s) Exhibit A correspondence, #2 Exhibit(s) Exhibit B correspondence, #3 Exhibit(s) Exhibit C subpoenas)(Kelly Rebar, Cathleen)
April 3, 2017 Opinion or Order Filing 65 ANSWER to #52 Amended Complaint, , CROSSCLAIM against Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar by Christian Clark, County of Albany, Craig Apple, Sr.(Murphy, Tracy)
March 29, 2017 Opinion or Order Filing 64 TEXT ORDER denying #61 Letter Request. Plaintiff has requested a conference with the Court to discuss documents that have allegedly not been timely provided by the Correctional Medical Care Defendants. The Court notes that pursuant to the recently issued Discovery Order, Dkt. No. 55, supplemental discovery responses by the CMC Defendants are due in early April. Those responses may resolve or clarify the issues raised in the Plaintiff's Letter-Request. Accordingly, Plaintiff's request for conference is denied as premature. With regard to depositions, it appears that there is no objection to the adjournment of the March 31 depositions until after the relevant records have been received, (see Dkt. No. 62), and counsel shall work together to reschedule these depositions. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 3/29/2017. (Stewart, Daniel)
March 24, 2017 Opinion or Order Filing 63 TRANSCRIPT REQUEST by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Silver Masaba, Emre Umar for proceedings held on February 27, 2017 and March 13, 2017 before Judge Daniel J. Stewart.. (Attachments: #1 Transcript Transcript Order form)(Kelly Rebar, Cathleen)
March 24, 2017 Opinion or Order Filing 62 LETTER BRIEF by Maria Carpio, Katherine Coogan, Correctional Medical Care, Inc., Curtis Goyer, Emre Umar. (Kelly Rebar, Cathleen)
March 23, 2017 Opinion or Order Filing 61 Letter Motion from Elmer Keach for Tracy Cannon requesting Discovery and Motion Conference with the Court submitted to Judge Daniel J. Stewart . (Attachments: #1 Exhibit(s) A -- Correspondence Between Correctional Medical Care and the Commission of Correction)(Keach, Elmer)
March 23, 2017 Opinion or Order Filing 60 TRANSCRIPT REQUEST by Tracy Cannon for proceedings held on February 27, 2017, March 13, 2017 before Judge Daniel J. Stewart.. (Attachments: #1 AO 435 Transcript Order, for Lisa Tennyson, USCR)(Keach, Elmer)
March 23, 2017 Opinion or Order Filing 59 Summons Issued as to Curtis Goyer. (alh, )
March 23, 2017 Opinion or Order Filing 58 NOTICE by Tracy Cannon Request for Issuance of Supplemental Summons for Defendant Curtis Goyer (Attachments: #1 Supplemental Summons, Curtis Goyer)(Keach, Elmer)
March 17, 2017 Opinion or Order Filing 57 TEXT ORDER: Plaintiff has filed the #52 Amended Complaint as directed in the Court's Text Order, Dkt. No. 51, dated 2/27/17. Defendants "John Doe 1-2" and "John Doe 3" are terminated from this action as they have not been named in the #52 Amended Complaint. Upon receipt of the proposed summons for the newly named defendant "Curtis Goyer" the Clerk of Court is directed to issue the summons for service of process to take place. The remaining defendants answers are due within twenty (20) days from the filing date of this Text Order. Authorized by Magistrate Judge Daniel J. Stewart on 3/17/17. (alh, )
March 17, 2017 Opinion or Order Filing 56 ORDER: As part of the Court's February 27, 2017 Text Order, Dkt. No. 51, Counsel for the Correctional Medical Care ("CMC") Defendants was instructed to provide to Chambers the personnel files for Defendants Goyer; Gallup; and Dr. Masaba. On March 7, 2017, the personnel files for the Defendants were submitted to the Court. The in camera review of Defendant Goyer's, Gallup's, and Dr. Masaba's personnel files reflected certain information that may be relevant to Plaintiff's claims, or the Defendants' defenses. Those relevant portions are described herein. When retrieving the personnel files, Counsel for the CMC Defendants shall make a copy of the pages from the personnel files which have been identified above and provide it to all counsel. Because of the personal nature of the documents, they shall be provided pursuant to a duly executed protective order. The Court further directs that the Counsel for the CMC Defendants immediately retrieve from the Court's courtroom deputy, Maria Blunt, the personnel files. Signed by Magistrate Judge Daniel J. Stewart on 3/17/17. (alh, )
March 17, 2017 Opinion or Order Filing 55 ORDER: ORDERED, that Plaintiff's Letter-Motions to Compel (Dkt. Nos. #35 & #38 ) are GRANTED in part and DENIED in part. Signed by Magistrate Judge Daniel J. Stewart on 3/17/17. (alh, )
March 16, 2017 Opinion or Order Filing 54 TEXT ORDER: The Clerk of Court is directed to modify the docket to indicate that the name of defendant "K. Coogan" has been identified as "Katherine Coogan" pursuant to plaintiff's #52 Amended Complaint. Authorized by Magistrate Judge Daniel J. Stewart on 3/16/17. (alh, )
March 13, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Conference held on 3/13/2017. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Cathleen Kelly Rebar, Esq., John Liguori, Esq. and Tracy Murphy, Esq. for Defendants. The Court held a conference to address several discovery issues in this matter. The first 30 minutes of this conference addressed the status of this matter, possiblility of settlement and a proposed deposition schedule going forward and was not placed on the record. The remaining time of the conference was placed on the record and addressed several outstanding discovery issues regarding Defendant CMC's responses to Plaintiff's document requests. The Court addressed each demand at issue individually and made various ruling on the record. An Order outlining those rulings will be issued. (TIME: 10:09AM-12:14PM). (Court Reporter: FTR). (mab)
March 13, 2017 Opinion or Order Filing 53 CERTIFICATE OF SERVICE by Tracy Cannon re #52 Amended Complaint, (Keach, Elmer)
March 13, 2017 Opinion or Order Filing 52 AMENDED COMPLAINT Filed with Leave of Court (Docket Number 51) against Craig Apple, Sr, Maria Carpio, Christian Clark, K. Coogan, Correctional Medical Care, Inc., County of Albany, Silver Masaba, Emre Umar, Curtis Goyer filed by Tracy Cannon. (Attachments: #1 Exhibit(s) 1 -- Limited Letters of Administration)(Keach, Elmer)
March 1, 2017 Opinion or Order TEXT NOTICE: A conference in this matter is set for 3/13/2017 at 10:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. (mab)
February 27, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Telephone Conference held on 2/27/2017. Appearances: Elmer Keach, Esq. for Plaintiff; Cathleen Rebar, Esq., John Liguori, Esq. and Tracy Murphy, Esq. for Defendants. The Court held a conference to address Plaintiff's Motion to Amend and several outstanding discovery issues in this matter. After reviewing the parties' submissions, Plaintiff's request to amend is granted in part and denied in part based upon the reasons set forth on the record. Plaintiff shall file an Amended Complaint by 3/13/2017. Counsel have agreed to work together to resolve outstanding discovery issues to possibly amend any demands and serve any supplemental responses. The Court extends the discovery deadline to 7/31/2017. Dispositive motions to be filed by 8/31/2017. Defendants to provide personnel files to Chambers for an in camera review. An in-person conference is set for 3/13/2017 at 10:00 AM before Judge Stewart. (TIME: 10:03AM-10:50AM). (Court Reporter: Lisa Tennyson) (mab)
February 27, 2017 Opinion or Order Filing 51 TEXT ORDER granting in part and denying in part #28 Motion to Amend/Correct; deferring ruling on #38 Letter Request. Plaintiff has filed a Motion to Amend the Complaint to add a cause of action for wrongful death, and to add more factual detail with regard to the Monell claim. Dkt. No. 28. The Defendants have opposed the Motion to Amend. Dkt. Nos 39 & 40. For the reasons set forth on the record during a telephone conference held on today's date, and in light of the liberal standard applicable to such a Motion and the lack of any demonstratable prejudice, Plaintiff's Motion to Amend the Complaint is granted in part and denied in part. Plaintiff is authorized to file an Amended Complaint with new factual information, and with an additional claim for wrongful death. The wrongful death claim, however, shall be separately stated. In addition, the proposed Amended Complaint is rejected insofar as it contains photographs within the body of the Amended Complaint, and attaches as exhibits numerous documents which render the overall pleading neither short nor plain. Accordingly, Plaintiff is authorized to file a new Amended Complaint which corrects the deficiencies that the Court has identified in the present proposed pleading. The revised Amended Complaint shall be filed by March 13, 2017. In light of the new filing, the discovery deadline is hereby extended until July 31, 2017, making Plaintiff's expert disclosure due on May 2, 2017 and Defendants' expert disclosure due on June 16, 2017. Rebuttal expert reports are due on July 3, 2017. Dispositive motions shall be filed on or before August 31, 2017. With regard to the discovery dispute referenced in Dkt. Nos. 35 & 38, the parties have agreed to work together to supplement the responses and amend the demands. An in person conference to go over the progress of that cooperation is set for March 13, 2017 at 10 AM in Albany, New York. Defense counsel is directed to provide personnel files sought by Plaintiff to the Court for an in camera review prior to the March 13, 2017 conference. In addition, a list of training of the relevant medical staff shall be provided to counsel for Plaintiff. Counsel also agrees to conference among themselves prior to March 13, 2017 to establish a schedule for depositions and other remaining discovery. Counsel are reminded once again of their obligation to work together to obtain a just, speedy, and cost-effective resolution of this matter. IT IS SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 2/27/2017. (Stewart, Daniel)
February 24, 2017 Opinion or Order Filing 50 TEXT ORDER: The CMC Defendants' Letter Request, Dkt. No. #47 , is GRANTED to the extent that counsel may appear by telephone for the conference on February 27, 2017. The Court will issue a separate notice setting forth the instructions to connect to the conference call. The request to adjourn the conference is DENIED. The Court is in receipt of the subsequent filings by counsel for Plaintiff and counsel for the CMC Defendants. Dkt. Nos. #48 and #49 . Counsel for the parties are directed to review and consider the applicable rules of civility prior to the conference on Monday. I expect no further submissions of this nature. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/24/2017. (mab)
February 24, 2017 Opinion or Order Filing 49 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, K. Coogan, Correctional Medical Care, Inc., Silver Masaba, Emre Umar requesting Responding to Pltf ltr of 02.23.17 re adjourning and/or telephonic appearance for conf on 02.27.17 submitted to Judge Honorable Daniel J. Stewart . (Kelly Rebar, Cathleen)
February 23, 2017 Opinion or Order Filing 48 Letter Motion from Elmer Keach for Tracy Cannon requesting Opposing Request for Adjournment of Discovery Conference submitted to Judge Daniel J. Stewart . (Keach, Elmer)
February 23, 2017 Opinion or Order Filing 47 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, K. Coogan, Correctional Medical Care, Inc., Silver Masaba, Emre Umar requesting Adjournment and/or appear telephonically to discovery hearing submitted to Judge Daniel J. Stewart . (Kelly Rebar, Cathleen)
February 21, 2017 Opinion or Order Filing 46 NOTICE of Appearance by John W. Liguori on behalf of Craig Apple, Sr, Christian Clark, County of Albany (Liguori, John)
February 17, 2017 Opinion or Order Filing 45 TEXT ORDER: A Discovery Hearing in this matter is set for February 27, 2017 at 10:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Courtroom No. 2, Albany, NY on the scheduled date and time. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/17/2017. (mab)
January 6, 2017 Opinion or Order Filing 44 TEXT ORDER: Counsel are directed to advise as to the status of settlement discussions in this matter by January 20, 2017. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/6/2017. (mab)
January 5, 2017 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Settlement Conference held on 1/5/2017. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. with Plaintiff Tracy Cannon; Cathleen Kelly Rebar, Esq. for CMC Defendants and insurance adjuster Sherry Mundorff; Tracy Murhpy, Esq. for Albany County Defendants. The Court held a Settlement Conference with the parties in this matter. After lengthy discussions, the parties were not able to reach a resolution, however, they will continue to discuss settlement following this conference and advise the Court accordingly. (TIME: 2:30PM-4:35PM). (mab)
January 4, 2017 Opinion or Order Filing 43 TEXT ORDER: On January 3, 2017, the CMC Defendants filed a Letter Request seeking a Settlement Conference in this matter. Dkt. No. #42 . The request is GRANTED and a Settlement Conference is scheduled for January 5, 2017 at 2:30 PM before the undersigned. This Settlement Conference shall be attended by all the following: (1) Lead Counsel for each party; (2) the Plaintiff; (3) the Defendants; (4) if a Corporate Defendant, by a representative with authority to negotiate and with full authority to settle the matter or to recommend settlement to a Board of Directors with ultimate decision-making responsibility without the need for conferring by phone or otherwise with anyone outside Chambers; and (5) if a party is insured, by a representative of the insurer with authority to negotiate and with full authority to settle the matter up to the limit of the opposing party's written settlement demand. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/4/2017. (mab)
January 3, 2017 Opinion or Order Filing 42 Letter Motion from Cathleen Kelly Rebar for Maria Carpio, K. Coogan, Correctional Medical Care, Inc., Emre Umar requesting Settlement Conference on January 5, 2017 after 11:00 a.m. submitted to Judge Daniel J. Stewart . (Kelly Rebar, Cathleen)
December 23, 2016 Opinion or Order Filing 41 CERTIFICATE OF SERVICE by Craig Apple, Sr, Christian Clark, County of Albany re #40 Affidavit in Opposition to Motion (Murphy, Tracy)
December 19, 2016 Opinion or Order Filing 40 AFFIDAVIT in Opposition re #28 MOTION to Amend/Correct Motion for Leave to File Amended Complaint under Rule 15(a)(2) filed by Craig Apple, Sr, Christian Clark, County of Albany. (Murphy, Tracy)
December 19, 2016 Opinion or Order Filing 39 RESPONSE in Opposition re #28 MOTION to Amend/Correct Motion for Leave to File Amended Complaint under Rule 15(a)(2) filed by Maria Carpio, K. Coogan, Correctional Medical Care, Inc., Emre Umar. (Attachments: #1 Exhibit(s) Exhibit A email, #2 Exhibit(s) Exhiibt A draft amended complaint redlined, #3 Exhibit(s) Exhibit A draft amended complaint, #4 Exhibit(s) Exhibit B email, #5 Exhibit(s) Exhibit B Hybros, #6 Exhibit(s) Exhibit C Challenges to Pltf Amended Complaint, #7 Memorandum of Law Memo of Law)(Kelly Rebar, Cathleen)
December 17, 2016 Opinion or Order Filing 38 Letter Motion from Elmer Keach for Tracy Cannon requesting Providing Missing Exhibit to the Court submitted to Judge Daniel J. Stewart . (Attachments: #1 Exhibit(s) A -- Electronic Mail Between Attorneys Keach and Rebar, November 22, 2016, #2 Exhibit(s) B -- CMC Document Responses, With Commentary from Plaintiff's Counsel)(Keach, Elmer)
December 14, 2016 Opinion or Order Filing 37 RESPONSE TO LETTER BRIEF filed by Maria Carpio, K. Coogan, Correctional Medical Care, Inc., Silver Masaba, Emre Umar as to 36 Order on Letter Request,, . (Attachments: #1 Exhibit(s) Exhibit A - email, #2 Exhibit(s) Exhibit B - email, #3 Exhibit(s) Exhibit C - email, #4 Exhibit(s) Exhibit D - email, #5 Exhibit(s) Exhibit Exhibit E - discovery responses, #6 Exhibit(s) Exhibit F - 12.2.16 CKR ltr to B. Keach re doc production)(Kelly Rebar, Cathleen)
December 7, 2016 Opinion or Order Filing 36 TEXT ORDER: On December 2, 2016, Plaintiff filed a Letter Request seeking a conference to address a discovery dispute that has arisen with the Correctional Medical Care Defendants in this matter. Dkt. No. #35 . The request for a conference is GRANTED and counsel are directed to immediately advise the Court as to their availability to participate in such conference during the weeks of December 19th and December 27th. Defendants shall file a response to Plaintiff's submission by December 14, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/7/2016. (mab)
December 2, 2016 Opinion or Order Filing 35 Letter Motion from Elmer Keach for Tracy Cannon requesting Discovery Conference with the Court submitted to Judge Daniel J. Stewart . (Keach, Elmer)
December 1, 2016 Opinion or Order Filing 34 CERTIFICATE OF SERVICE by Tracy Cannon re #33 Affidavit in Support of Motion,,,,,,,,,,,,,, (Keach, Elmer)
December 1, 2016 Opinion or Order Filing 33 AFFIDAVIT in Support re #28 MOTION to Amend/Correct Motion for Leave to File Amended Complaint under Rule 15(a)(2) Revised Filing Pursuant to Direction of the Court filed by Tracy Cannon. (Attachments: #1 Exhibit(s) A -- Proposed Amended Complaint, #2 Exhibit(s) 1 to Proposed Amended Complaint -- Letters of Administration, #3 Exhibit(s) 2 to Proposed Amended Complaint -- Final Cannon COC Report, #4 Exhibit(s) 3 to Proposed Amended Complaint -- Emre Umar Deposition, #5 Exhibit(s) 4 to Proposed Amended Complaint -- Bamenga Investigation, #6 Exhibit(s) 5 to Proposed Amended Complaint -- COC Report on Haag Fatality, #7 Exhibit(s) 6 to Proposed Amended Complaint -- Department of Education Shute Investigation, #8 Exhibit(s) 7 to Proposed Amended Complaint -- Shute Bonus Letter, #9 Exhibit(s) 8 to Proposed Amended Complaint -- COC Report on Rodriguez Report, #10 Exhibit(s) 9 to Proposed Amended Complaint -- COC Report on Schmitt Report, #11 Exhibit(s) 10 to Proposed Amended Complaint -- COC Report on Wright Report, #12 Exhibit(s) 11 to Proposed Amended Complaint -- COC Report on Viera Fatality, #13 Exhibit(s) 12 to Proposed Amended Complaint -- COC Report on Vandermark Fatality, #14 Exhibit(s) 13 to Proposed Amended Complaint -- COC Report on Rios Fatality, #15 Exhibit(s) 14 to Proposed Amended Complaint -- COC Report on McCue Fatality, #16 Exhibit(s) 15 to Proposed Amended Complaint -- COC Report on Barksdale Fatality, #17 Exhibit(s) 16 to Proposed Amended Complaint -- COC Report on Burke Fatality, #18 Exhibit(s) 17 to Proposed Amended Complaint -- COC Report on Siewart Fatality, #19 Exhibit(s) 18 to Proposed Amended Complaint -- COC Report on Barton Fatality, #20 Exhibit(s) 19 to Proposed Amended Complaint -- Newspaper Article, #21 Exhibit(s) 20 to Proposed Amended Complaint -- Carmen Mortality Review, #22 Exhibit(s) 21 to Proposed Amended Complaint -- COC Report on Haluska Fatality, #23 Exhibit(s) 22 to Proposed Amended Complaint -- COC Report on Kellom Fatality, #24 Exhibit(s) 23 to Proposed Amended Complaint -- COC Report on Mason Fatality, #25 Exhibit(s) 24 to Proposed Amended Complaint -- COC Report on Pinet Fatality, #26 Exhibit(s) 25 to Proposed Amended Complaint -- COC Report on Wilson Fatality, #27 Exhibit(s) 26 to Proposed Amended Complaint -- COC Timeline on Revels Fatality, #28 Exhibit(s) 27 to Proposed Amended Complaint -- D'Agostino Court Decision, #29 Exhibit(s) 28 to Proposed Amended Complaint -- Kenney Court Decision, #30 Exhibit(s) 29 to Proposed Amended Complaint -- Farrell Court Decision, #31 Exhibit(s) 30 to Proposed Amended Complaint -- Macon Complaint Against CMC, #32 Exhibit(s) 31 to Proposed Amended Complaint -- Hasty Court Decision, #33 Exhibit(s) 32 to Proposed Amended Complaint -- Allen Court Decision, #34 Exhibit(s) 33 to Proposed Amended Complaint -- Wilburn Court Decision, #35 Exhibit(s) 34 to Proposed Amended Complaint -- COC Report on Pankey Fatality, #36 Exhibit(s) 35 to Proposed Amended Complaint -- COC Report on Williams Fatality, #37 Exhibit(s) 36 to Proposed Amended Complaint -- Times Union Article on CMC, #38 Exhibit(s) 37 to Proposed Amended Complaint -- AG Settlement Agreement, #39 Exhibit(s) 38 to Proposed Amended Complaint -- AG Press Release on CMC, #40 Exhibit(s) 39 to Proposed Amended Complaint -- CMC Campaign Donations, #41 Exhibit(s) 40 to Proposed Amended Complaint -- Clinical Report, Albany County, #42 Exhibit(s) 41 to Proposed Amended Complaint -- Amended Monitoring Report, Albany County, #43 Exhibit(s) B -- Redline of Proposed Amended Complaint)(Keach, Elmer)
November 29, 2016 Opinion or Order Filing 32 TEXT ORDER: The Court is in receipt of plaintiff's #28 Motion to Amend with submissions in support, Dkt.No. #29 . The Court finds that the exhibits to the proposed amended complaint, Dkt.No. 29-1 through 29-42 are not properly identified. The Court notes some attachments have cover pages that indicate the incorrect exhibit number and others do not have a cover page. The Court also notes that attachment 31, exhibit 30, indicates it is a court decision, the submission attached is a complaint. The Clerk of Court is directed to STRIKE Dkt No. #29 and plaintiff is directed to refile the submission(s) on or before 12/1/16. Due to the numerous exhibits in support of the proposed amended complaint, plaintiff is directed to identify each exhibit with a cover page indicating the correct exhibit number. Plaintiff's request to file a sur-reply, contained in plaintiff's #30 Memorandum of Law, is denied as premature. Authorized by Magistrate Judge Daniel J. Stewart on 11/29/16. (alh, )
November 23, 2016 Opinion or Order Filing 31 CERTIFICATE OF SERVICE by Tracy Cannon re #30 Memorandum of Law, #28 MOTION to Amend/Correct Motion for Leave to File Amended Complaint under Rule 15(a)(2), #29 Affidavit in Support of Motion,,,,,,,,,,,,, (Keach, Elmer)
November 23, 2016 Opinion or Order Filing 30 MEMORANDUM OF LAW re #28 Motion to Amend/Correct, filed by Tracy Cannon. (Keach, Elmer)
November 23, 2016 Opinion or Order Filing 29 ***STRICKEN PER TEXT ORDER DATED 11/29/16*** AFFIDAVIT in Support re #28 MOTION to Amend/Correct Motion for Leave to File Amended Complaint under Rule 15(a)(2) filed by Tracy Cannon. (Attachments: #1 Exhibit(s) A -- Proposed Amended Complaint, #2 Exhibit(s) 1 to Proposed Amendment -- Limited Letters of Administration, #3 Exhibit(s) 2 to Proposed Amendment -- Final COC Mortality Report, #4 Exhibit(s) 3 to Proposed Amendment -- Deposition Transcript, Emre Umar, #5 Exhibit(s) 4 to Proposed Amendment -- Federal Report, Bamenga, #6 Exhibit(s) 5 to Proposed Amendment -- COC Report, Haag, #7 Exhibit(s) 6 to Proposed Amendment -- Department of Education Investigation, Morganne Shute, #8 Exhibit(s) 7 to Proposed Amendment -- Letter from Umar to Shute, #9 Exhibit(s) 8 to Proposed Amendment -- COC Report, Rodriguez, #10 Exhibit(s) 9 to Proposed Amendment -- COC Report, Schmitt, #11 Exhibit(s) 10 to Proposed Amendment -- COC Report, Wright, #12 Exhibit(s) 11 to Proposed Amendment -- COC Report, Viera, #13 Exhibit(s) 12 to Proposed Amendment -- COC Report, Vandermark, #14 Exhibit(s) 13 to Proposed Amendment -- COC Report, Rios, #15 Exhibit(s) 14 to Proposed Amendment -- COC Report, McCue, #16 Exhibit(s) 15 to Proposed Amendment -- COC Report, Barksdale, #17 Exhibit(s) 16 to Proposed Amendment -- COC Report, Burke, #18 Exhibit(s) 17 to Proposed Amendment -- COC Report, Siewart, #19 Exhibit(s) 18 to Proposed Amendment -- COC Report, Barton, #20 Exhibit(s) 19 to Proposed Amendment -- Newspaper Article Regarding Carmen Settlement, #21 Exhibit(s) 20 to Proposed Amendment -- Mortality Review, Nicole Carmen, #22 Exhibit(s) 21 to Proposed Amendment -- COC Report, Haluska, #23 Exhibit(s) 22 to Proposed Amendment -- COC Report, Kellom, #24 Exhibit(s) 23 to Proposed Amendment -- COC Report, Mason, #25 Exhibit(s) 24 to Proposed Amendment -- COC Report, Pinet, #26 Exhibit(s) 25 to Proposed Amendment -- COC Report, Wilson, #27 Exhibit(s) 26 to Proposed Amendment -- COC Timeline, Michael Revels, #28 Exhibit(s) 27 to Proposed Amendment -- Court Decision, D'Agostino v. Montgomery County, #29 Exhibit(s) 28 to Proposed Amendment -- Court Decision, Kenney v. Montgomery County, #30 Exhibit(s) 29 to Proposed Amendment --- Court Decision, Farrell v. Montgomery County, #31 Exhibit(s) 30 to Proposed Amendment -- Court Decision, Macon v. CMC, #32 Exhibit(s) 31 to Proposed Amendment -- Hasty v. Montgomery County, #33 Exhibit(s) 32 to Proposed Amendment -- Court Decision, Allen v. Montgomery County, #34 Exhibit(s) 33 to Proposed Amendment -- Wilburn v. City of Albany, #35 Exhibit(s) 34 to Proposed Amendment -- COC Report, Pankey, #36 Exhibit(s) 35 to Proposed Amendment -- COC Report, Williams, #37 Exhibit(s) 36 to Proposed Amendment -- Newspaper Article, #38 Exhibit(s) 37 to Proposed Amendment, OAG Settlement Agreement with CMC, #39 Exhibit(s) 38 to Proposed Amendment -- OAG Press Release Regarding CMC, #40 Exhibit(s) 39 to Proposed Amendment -- CMC Campaign Contributions, #41 Exhibit(s) 40 to Proposed Amendment -- Clinical Report, Albany County Jail, #42 Exhibit(s) 41 to Proposed Amendment -- Amended Monitoring Report, #43 Exhibit(s) B -- Redline Version of Proposed Amended Complaint)(Keach, Elmer) Modified on 11/29/2016 (alh, ).
November 23, 2016 Opinion or Order Filing 28 MOTION to Amend/Correct Motion for Leave to File Amended Complaint under Rule 15(a)(2) Motion Hearing set for 1/5/2017 09:30 AM in Albany before Magistrate Judge Daniel J. Stewart Response to Motion due by 12/19/2016 filed by Tracy Cannon. Motions referred to Daniel J. Stewart. (Keach, Elmer)
November 21, 2016 Opinion or Order Filing 27 TEXT ORDER granting #26 Request for Extension of Time to File Motion for Leave to Amend Complaint, Until November 23, 2016. Authorized by Magistrate Judge Daniel J. Stewart on 11/21/16. (alh, )
November 18, 2016 Opinion or Order Filing 26 STATUS REPORT And Request for Extension of Time to File Motion for Leave to Amend Complaint, Until November 23, 2016 by Tracy Cannon. (Keach, Elmer)
September 30, 2016 Opinion or Order Filing 25 TEXT ORDER. A conference was held with the Court and all counsel regarding certain discovery disputes which have arisen. It is noted that counsel for Defendant Correctional Medical Care ("CMC") has recently changed, and this in part explains the delay in providing responses to Plaintiff's document demands. In light of the discussion held during the conference, the Court orders as follows: all outstanding discovery demands shall be responded to no later than October 31, 2016. By that date, counsel for defendant CMC will also provide basic information concerning any excess insurance policy. The case is exempted from the mandatory mediation program, but the parties are encouraged to contact the Court at any point when a court-conducted settlement conference is felt to be productive. The deadline to file a Motion to Amend the Complaint is extended to November 18, 2016, and Plaintiffs counsel is encouraged to provide a proposed Amended Complaint to defense counsel for review prior to filing a formal motion, but the requirement of a pre-motion conference is hereby waived. The discovery deadline in this case is extended to June 30, 2017. The motion filing deadline is likewise extended to August 1, 2017. Plaintiff's counsel is to file a status report on the matter on or before November 18, 2016. Plaintiff's counsel's request to conduct depositions in excess of the number provided for in the federal rules will be decided at a later date. IT IS SO ODERED.Signed by Magistrate Judge Daniel J. Stewart on 9/30/2016. (Stewart, Daniel)
September 30, 2016 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Telephone Conference held on 9/30/2016. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Cathleen Rebar, Esq. and Michael Goldstein, Esq. for Defendants. The Court held a telephone conference to address discovery disputes in this matter. Atty Keach states that he has received discovery from the Albany County Defendants, but has not received any from the CMC Defendants. Atty Rebar advises the Court that she has recently appeared in this matter for CMC and has only just received the file from previous counsel. The Court directs CMC Defendants to provide outstanding discovery by 10/31/2016. Based upon the discussions held during the conference, the Court exempts this matter from Mandatory Mediation and extends deadlines. Discovery due by 6/30/2017. Dispositive motions to be filed by 8/1/2017. Plaintiff states that she may seek to amend the Complaint. The Court directs Plaintiff to send a proposed Amended Complaint to Defendants for review. If Defendants do not agree, Plaintiff may file a Motion to Amend without further Order from the Court by 11/18/2016. Plaintiff to file a Status Report by 11/18/2016. Plaintiff's request to conduct more than 10 depositions will be addressed at a later date. (TIME: 10:03AM-10:29AM). (Court Reporter: Lisa Tennyson) (mab)
September 27, 2016 Opinion or Order Filing 24 TEXT ORDER: On September 22, 2016, counsel for the Albany County Defendants filed a Letter Request advising the Court that she is not available to participate in the Discovery Conference scheduled in this matter for September 30, 2016 before the undersigned and seeking permission to have Attorney Michael Goldstein appear in her absence. Dkt. No. #23 . Based upon the reasons set forth in counsel's submission, the request is GRANTED and Attorney Goldstein is permitted to appear for the conference on behalf of the Albany County Defendants. SO ORDERED by Magistrate Judge Daniel J. Stewart on 9/27/2016. (mab)
September 22, 2016 Opinion or Order Filing 23 Letter Motion from County Defendants re Discovery Conference on Sept 30 for Craig Apple, Sr, Christian Clark, County of Albany requesting substitution of appearance for Sept 30 Discovery Conference submitted to Judge Magistrate Stewart . (Murphy, Tracy)
September 22, 2016 Opinion or Order Filing 22 TEXT ORDER: On August 29, 2016, Plaintiff filed a Letter Request seeking a conference with the Court to address discovery issues that have arisen in this matter. Dkt. No. #20 . The request is GRANTED and counsel are directed to participate in a Discovery Telephone Conference on September 30, 2016 at 10:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 9/22/2016. (mab)
September 16, 2016 Opinion or Order Filing 21 NOTICE of Appearance by Cathleen Kelly Rebar on behalf of Maria Carpio, K. Coogan, Correctional Medical Care, Inc., John Doe 1-2, Silver Masaba, Emre Umar (Kelly Rebar, Cathleen)
August 29, 2016 Opinion or Order Filing 20 Letter Motion from Maria K. Dyson for Tracy Cannon requesting a Discovery Conference submitted to Judge Daniel J. Stewart . (Dyson, Maria)
June 8, 2016 Opinion or Order Filing 19 ***SEALED DOCUMENT: filed under seal pursuant to #18 Order. (mab) (ma)
June 8, 2016 Opinion or Order Filing 18 ORDER re #14 Order to Show Cause regarding joint representation. IT IS ORDERED that Defendants, County of Albany, Craig Apple, Sr. and Christian Clark, shall be permitted to proceed with joint representation but have not waived their right to retain separate counsel in the future. IT IS FURTHER ORDERED that the documents provided by Defendants as discussed herein shall be filed under seal. Signed by Magistrate Judge Daniel J. Stewart on 6/8/2016. (mab)
May 19, 2016 Opinion or Order Filing 17 NOTICE by Craig Apple, Sr, Christian Clark re #14 Order Notice of In Camera Submission Regarding Joint Representation (Murphy, Tracy)
May 19, 2016 Opinion or Order Filing 16 ORDER: ORDERED, that the documents provided to the Court by the New York State Commission of Corrections for an in camera review shall be disclosed to the parties in this action. Toward that end, Plaintiff's counsel shall pick up the certified copy that was provided to the Court and distribute copies to opposing counsel. ORDERED, that the Clerk of the Court serve a copy of this Order upon the parties to this action, with a copy to be mailed to the New York State Commission of Corrections at AES State Ofc. Building, 80 S. Swan St., 12th Floor, Albany, New York 12210. Signed by Magistrate Judge Daniel J. Stewart on 5/19/16. (served as directed)(alh, )
April 7, 2016 Opinion or Order Filing 15 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Hon. David Homer has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Maria K. Dyson and P. Baird Joslin, and Tracy Murphy. Dated: April 7, 2016(Dyson, Maria)
March 10, 2016 Opinion or Order Filing 14 ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT OBTAIN SEPARATE COUNSEL as to Defendants County of Albany, Craig Apple, Sr. and Christian Clark. Signed by Magistrate Judge Daniel J. Stewart on 3/10/2016. (mab)
March 10, 2016 Opinion or Order Filing 13 ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: This case is referred to participation in the Mandatory Mediation Program. The parties should refer to General Order #47. The deadline for completion of Mandatory Mediation is 12/1/2016. The deadline for the parties to select a Mediator is 4/7/2016. Signed by Magistrate Judge Daniel J. Stewart on 3/10/2016. (mab)
March 10, 2016 Opinion or Order Filing 12 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 8/31/2016. Amended Pleadings due by 8/31/2016. The Court has discussed Mandatory Mediation with the parties and will issue a separate Order referring this action into the Mandatory Mediation Program. Deadline for completion of Mandatory Mediation is 12/1/2016. Plaintiff to serve expert disclosures by 11/7/2016. Defendants to serve expert dislosures by 12/20/2016. Rebuttals to be served by 1/4/2017. Discovery due by 2/3/2017. Motions to be filed by 3/31/2017. A Telephone Status Conference is set for 10/3/2016 at 9:30 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call prior to the scheduled date and time. Signed by Magistrate Judge Daniel J. Stewart on 3/10/2016. (mab)
March 10, 2016 Opinion or Order Set Deadlines: Defendants County of Albany, Craig Apple, Sr. and Christian Clark to file a response to the #14 Order to Show Cause by 5/9/2016. (mab)
March 9, 2016 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 3/9/2016. Appearances: Elmer Keach, Esq. for Plaintiff; Terrence O'Connor, Esq. and Patrick Collins, Esq. for Defendants. The Court hears from counsel as to how they intend to proceed with this matter. The Correctional Medical Care Defendants raise initial discovery issues. The Court is not prepared to rule on those issues at this time and urges counsel to confer and resolve those issues on their own. Mandatory Disclosures to be completed and Plaintiff's authorizations to be provided within 2 weeks. The Court discusses the Mandatory Mediation Program with the parties. Deadlines set. The Court will issue a Scheduling Order. (TIME: 9:14AM-9:39AM). (mab)
March 2, 2016 Opinion or Order Filing 11 CIVIL CASE MANAGEMENT PLAN by Tracy Cannon. (Dyson, Maria)
March 2, 2016 Opinion or Order Filing 10 NOTICE of Appearance by Maria K. Dyson on behalf of Tracy Cannon (Dyson, Maria)
March 2, 2016 Opinion or Order Filing 9 NOTICE of Appearance by Peter B. Joslin, Jr on behalf of Maria Carpio, K. Coogan, Correctional Medical Care, Inc., John Doe 1-2, Silver Masaba, Emre Umar (Joslin, Peter)
February 18, 2016 Opinion or Order Filing 8 NOTICE of Appearance by Justin O. Corcoran on behalf of Maria Carpio, K. Coogan, Correctional Medical Care, Inc., John Doe 1-2, Silver Masaba, Emre Umar (Corcoran, Justin)
February 12, 2016 Opinion or Order TEXT NOTICE: The Rule 16 Initial Conference in this matter is scheduled for 3/9/2016 at 9:00 AM before Magistrate Judge Daniel J. Stewart. The parties are to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. The parties are also to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before 3/2/2016. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. (mab)
February 2, 2016 Opinion or Order Filing 7 CERTIFICATE OF SERVICE by Craig Apple, Sr, Christian Clark, County of Albany re #6 Answer to Complaint (Murphy, Tracy)
February 1, 2016 Opinion or Order Filing 6 ANSWER to #1 Complaint,, by Craig Apple, Sr, Christian Clark, County of Albany.(Murphy, Tracy)
January 25, 2016 Opinion or Order Filing 5 ANSWER to #1 Complaint,, by Maria Carpio, K. Coogan, Correctional Medical Care, Inc., John Doe 1-2, Silver Masaba, Emre Umar. (Attachments: #1 Affidavit)(Hurley, Anne)
January 22, 2016 Opinion or Order Filing 4 SUMMONS Returned Executed by Tracy Cannon. Craig Apple, Sr served on 1/11/2016, answer due 2/1/2016; Maria Carpio served on 1/11/2016, answer due 2/1/2016; Christian Clark served on 1/11/2016, answer due 2/1/2016; K. Coogan served on 1/11/2016, answer due 2/1/2016; Correctional Medical Care, Inc. served on 1/11/2016, answer due 2/1/2016; County of Albany served on 1/11/2016, answer due 2/1/2016; Silver Masaba served on 1/11/2016, answer due 2/1/2016; Emre Umar served on 1/11/2016, answer due 2/1/2016. (Attachments: #1 Carpio Proof of Service, #2 Clark Proof of Service, #3 Correctional Medical Care Proof of Service, #4 Coogan Proof of Service, #5 County of Albany Proof of Service, #6 Masaba Proof of Service, #7 Umar Proof of Service)(Keach, Elmer)
November 30, 2015 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/9/2016 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/2/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (alh, )
November 30, 2015 Opinion or Order Filing 2 Summons Issued as to Craig Apple, Sr, Maria Carpio, Christian Clark, K. Coogan, Correctional Medical Care, Inc., County of Albany, Silver Masaba, Emre Umar. (Attachments: #1 Carpio, #2 Clark, #3 Correctional Medical Care, Inc., #4 Coogan, #5 Albany County, #6 Masabar, #7 Umar)(alh, )
November 25, 2015 Opinion or Order Filing 1 COMPLAINT against Craig Apple, Sr, Maria Carpio, Christian Clark, K. Coogan, Correctional Medical Care, Inc., County of Albany, John Doe 1-2, John Doe 3, Silver Masaba, Emre Umar (Filing fee $400 receipt number 0206-3498721) filed by Tracy Cannon. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Civil Cover Sheet, #6 Proposed Summons Craig Apple, Sr., #7 Proposed Summons Maria Carprio, #8 Proposed Summons K. Coogan, #9 Proposed Summons Correctional Medical Care, Inc., #10 Proposed Summons Christian Clark, #11 Proposed Summons County of Albany, #12 Proposed Summons Dr. Silver Masaba, #13 Proposed Summons Emre Umar)(alh, )

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Search for this case: Cannon v. Correctional Medical Care, Inc. et al
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Cross defendant: Katherine Coogan
Represented By: Molly C. Casey
Represented By: Anne M. Hurley
Represented By: Cathleen Kelly Rebar
Represented By: Justin O. Corcoran
Represented By: Peter B. Joslin, Jr.
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Plaintiff: Tracy Cannon
Represented By: Elmer R. Keach, III
Represented By: Maria K. Dyson
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Not classified by court: David R. Homer
Represented By: David R. Homer
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Defendant: Correctional Medical Care, Inc.
Represented By: Cathleen Kelly Rebar
Represented By: Peter B. Joslin, Jr.
Represented By: Anne M. Hurley
Represented By: Justin O. Corcoran
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Defendant: Emre Umar
Represented By: Cathleen Kelly Rebar
Represented By: Peter B. Joslin, Jr.
Represented By: Anne M. Hurley
Represented By: Justin O. Corcoran
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Defendant: Maria Carpio
Represented By: Cathleen Kelly Rebar
Represented By: Peter B. Joslin, Jr.
Represented By: Anne M. Hurley
Represented By: Justin O. Corcoran
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Defendant: Silver Masaba
Represented By: Cathleen Kelly Rebar
Represented By: Peter B. Joslin, Jr.
Represented By: Anne M. Hurley
Represented By: Justin O. Corcoran
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Defendant: K. Coogan
Represented By: Molly C. Casey
Represented By: Anne M. Hurley
Represented By: Cathleen Kelly Rebar
Represented By: Justin O. Corcoran
Represented By: Peter B. Joslin, Jr.
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Defendant: John Doe 1-2
Represented By: Justin O. Corcoran
Represented By: Cathleen Kelly Rebar
Represented By: Peter B. Joslin, Jr.
Represented By: Anne M. Hurley
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Defendant: John Doe 3
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Defendant: County of Albany
Represented By: Tracy A. Murphy
Represented By: John W. Liguori
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Defendant: Christian Clark
Represented By: Tracy A. Murphy
Represented By: John W. Liguori
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Defendant: Curtis Goyer
Represented By: Thomas A. Cullen
Represented By: Cathleen Kelly Rebar
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Cross claimant: Craig Apple, Sr.
Represented By: Tracy A. Murphy
Represented By: John W. Liguori
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