Smith v. Russo et al
||Pat Russo, Fricke and Edward Blie
||March 2, 2017
||US District Court for the Northern District of New York
||Therese Wiley Dancks
||Thomas J. McAvoy
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|March 31, 2021
DECISION AND ORDER: The Court ACCEPTS and ADOPTS the recommendation in the Report-Recommendation and Order, Dkt. No. 76 , for the reasons stated therein. Thus, the Court finds that the doctrine of fraudulent concealment does not apply to any claim s Plaintiff may have from his incarceration at RCCF between June 8, 2012 and June 17, 2013. This case may now proceed to trial on the question of whether Dr. Fricke engaged in deliberate indifference to Plaintiff's serious medical need at a time within the statute of limitations. Signed by Senior Judge Thomas J. McAvoy on March 31, 2021. (Copy served via regular mail on plaintiff).(rep)
|September 23, 2019
DECISION AND ORDER: It is ORDERED that Defendant's objections to the Report-Recommendation of Magistrate Judge Dancks, dkt. # 59 , are hereby OVERRULED in part and SUSTAINED in part. The Report-Recommendation, dkt. # 58 , is hereby ACCEPTE D and ADOPTED insofar as Magistrate Judge Dancks concludes that Defendant's motion for summary judgment, dkt. # 51 , should be DENIED. The Court will REMAND the case to the Magistrate Judge for briefing and a Report- Recommendation on the iss ue of whether the doctrine of fraudulent concealment applies to any claims Plaintiff may have for his incarceration between June 8, 2012 and June 17, 2013. Signed by Senior Judge Thomas J. McAvoy on September 23, 2019. (Copy served via regular mail)(rep)
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