Kotler v. Bosco et al
| Kerry Kotler |
| Maureen Bosco, Jeffery Nowicki, Emily Gray, Mark Cebula, Saunders, Maxymillian, Ann Marie Sullivan and Christopher Kunkle |
| 9:2017cv00394 |
| April 10, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| David E. Peebles |
| Glenn T. Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
92
ORDER that the clerk of the court issue a Writ of Habeas Corpus Ad Testificandum directing the United States Marshal for the Northern District of New York, or his deputies, to serve upon the Executive Director at CNYPC, this Writ of Habeas Corpus to deliver Kerry Kotler, dressed in civilian attire, to the James Hanley Federal Building in SYRACUSE, New York, at 8:30 a.m. on May 10, 2021, and any recessed date thereafter (trial is expected to last 2-3 days); and it is further ORDERED, that New York State shall advance the cost of Kotler's transportation, which shall be repaid to the state from the monetary award, if any, recovered by Kotler at trial; and it is further ORDERED, that the original and certified copy of said Writ be deli vered to the United States Marshal or his authorized deputy for service upon the named detention facilities stated herein to serve as notice to prepare Kotler for transport; and it is further ORDERED, that in the event the action is settled prior to trial, it shall be incumbent upon defendants or their authorized representative to notify the designated institution where Kotler is housed and cancel such Writ to produce. Signed by Chief Judge Glenn T. Suddaby on 4/9/2021. (Copy served upon plaintiff via regular mail, and USMS & CNY PC - Michelle Sorrentino - via e-mail)(sal )
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Filing
91
TRIAL ORDER : A Jury Trial is set for 5/10/2021 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 4 /7/2021. Pretrial Submissions are due by 4/19/2021, including any motions in limine. All responses to motions in limine must be filed on or before 4/26/2021. An IN PERSON Final Pretrial Conference is set for 5/4/2021 at 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby. Signed by Chief Judge Glenn T. Suddaby on 3/29/2021. (Copy served upon Plaintiff via regular mail) (sal )
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Filing
84
DECISION AND ORDER that Magistrate Judge Lovric's Report-Recommendation (Dkt. No. 79 ) is ACCEPTED and ADOPTED in its entirety. Defendants' motion for summary judgment (Dkt. No. 71 ) is GRANTED with regard to all claims against Defenda nts Bosco and Kunkle, which are DISMISSED from this action. Defendants' motion for summary judgment (Dkt. No. 71 ) is DENIED with regard to Plaintiff's First Amendment retaliation claims against Defendants Gray, Maxymillian, Cebula and N owick, which SURVIVE Defendants' motion. All pretrial deadlines having expired, this case is deemed trial ready. The Court directs that Pro Bono Counsel be appointed for the Plaintiff for purposes of trial only; any appeal shall remain the responsibility of the plaintiff alone unless a motion for appointment of counsel for an appeal is granted. Signed by Chief Judge Glenn T. Suddaby on 10/19/2020. (Copy served upon Plaintiff via regular mail). (sal )
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Filing
34
DECISION AND ORDER accepting and adopting # 32 Magistrate Judge Peebles' Report and Recommendation in its entirety. Defendant's # 28 Motion to Dismiss is GRANTED in part with respect to the following claims: (1) Plaintiff's retalia tion claim against Defendants Sullivan and Saunders, who are DISMISSED from this action; and (2) Plaintiff's damage claims against the remaining Defendants in their official capacities, which damages claims are also DISMISSED. Defendants' # 28 motion to dismiss is DENIED with respect to Plaintiff's retaliation claims against Defendants Bosco, Nowicki, Gray, Cebula, Maxymillian, and Kunkle, which retaliation claims SURVIVE Defendants' motion to dismiss. This case is referred back to Magistrate Judge Peebles for the setting of pretrial scheduling deadlines. Signed by Chief Judge Glenn T. Suddaby on 8/7/18. (lmw) (Copy served upon pro se plaintiff via regular mail)
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