H'Shaka v. Bellnier et al
| Imhotep H'Shaka |
| Joseph Bellnier, Maureen Bosco, Deborah McCulloch, Joanne Waldron, Joseph Porcelli, Kevin Randall, David Lucia and Justin Delisle |
| 9:2017cv00108 |
| January 31, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Clinton |
| Andrew T. Baxter |
| Glenn T. Suddaby |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
119
TRIAL ORDER : A Jury Trial is set for 9/13/2021 at 9:00 AM in Syracuse before Chief Judge Glenn T. Suddaby. Any request to the Court to issue a Writ of Habeas Corpus Ad Testificandum to produce an inmate witness to testify at trial must be made by 8/2/2021 and must include a detailed statement as to the relevancy of the inmate witness' testimony and what the inmate witness is expected to testify to. Pretrial Submissions are due by 8/16/2021, including any motions in limine and all respon ses to motions in limine must be filed on or before 8/23/2021. All counsel must appear in person at a final pretrial conference on 8/31/2021 at 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby. Signed by Chief Judge Glenn T. Suddaby on 4/22/2021. (sal)
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Filing
102
DECISION AND ORDER that Defendants' motion for summary judgment (Dkt. No. 82 ) is GRANTED in part and DENIED in part such that the following claims are DISMISSED: (a) Plaintiff's First Claim for unconstitutional conditions of confinement against the OMH Defendants; (b) Plaintiff's Second Claim for deliberate indifference to his serious medical needs against the DOCCS Defendants and the OMH Defendants; and (c) Plaintiff's Third Claim for violation of his right to substa ntive due process. SURVIVING these motions for summary judgment are the following claims: (a) Plaintiff's First Claim for unconstitutional conditions of confinement against Defendant O'Gorman, Defendant Porcelli, Defendant Randall, Def endant Lucia, Defendant Delisle, and Defendant Bellnier; and (b) Plaintiff's Fourth Claim for violation of his right to procedural due process against Defendant OGorman, Defendant Porcelli, Defendant Randall, Defendant Lucia, Defendant Del isle, and Defendant Bellnier. The Clerk is directed to contact counsel to schedule a settlement conference before Magistrate Judge Andrew T. Baxter. The parties are directed to engage in meaningful settlement negotiations before the settlement c onference. In the event that counsel, after good faith negotiations, ultimately conclude that a settlement conference would not be productive, counsel may request to participate via telephone conference with Chief Judge Suddaby for a limited purpose of scheduling a trial date by electronically filing a letter request at least one week before the scheduled settlement conference. Signed by Chief Judge Glenn T. Suddaby on 3/12/2020. (sal )
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Filing
41
DECISION AND ORDER denying # 17 Plaintiff's Motion for Preliminary Injunction. Signed by Chief Judge Glenn T. Suddaby on 2/9/18. (lmw)
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