Matthews et al v. Cuomo et al
| Luke Matthews, Carlos Gomez, Gentl Bonds, Robert Smith, Robert Negron and Kasiem Chaves |
| Andrew Cuomo, New York State Department of Corrections and Community Supervision, David Rock, Osman Yildiz, Clinton Corrections Officers John and/or Jane Does 1, 2, 3, etc., Upstate Corrections Officers John and/or Jane Does 1, 2, 3 etc., New York State Office of Special Investigations Officers John and/or Jane Does 1,2,3, etc., New York State Police Officers John and/or Jane Does 1, 2, 3, etc., Correctional Emergency Response Team Officers John Does 1, 2, 3, etc., New York State Office of Mental Health, OMH Medical Health Professionals John and/or Jane Does 1, 2, 3, etc., Upstate Medical Officials John and/or Jane Does 1, 2, 3, etc. and Sullivan Medical Officials John and/or Jane Does 1, 2, 3, etc. |
| 9:2017cv00503 |
| May 9, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Clinton |
| David E. Peebles |
| Thomas J. McAvoy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
363
DECISION AND ORDER that Plaintiffs' cross-motion for spoliation sanctions (Dkt. No. 318 , Attach. 4) is DENIED without prejudice, as specified herein in Part III.A.2. of this Decision and Order. The remaining portions of Defendants' motio n for summary judgment (compare Dkt. No. 308 with Dkt. No. 329 ) are DENIED. A pretrial conference shall be scheduled in this action, at which counsel shall appear with settlement authority. Signed by U.S. District Judge Glenn T Suddaby on 4/10/2024. (sal )
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Filing
329
DECISION AND ORDER: ORDERED that Plaintiffs Motion to Seal and Declassify Documents, Dkt. Nos. 318 , 318-1, 318-2, is GRANTED as indicated above, and counsel for the parties shall confer and submit within three (3) weeks of this Decision and Orde r proposed documents complying with the Court's rulings. ORDERED that Defendants' motion for summary judgment, Dkt. No. 308 , is GRANTED in part and RESERVED in part. The motion is granted to the extent that Plaintiff Smith's Equal Pr otection and Title VI claims are dismissed with prejudice, and any claim by Plaintiff Chaves for being kicked in the leg by a CERT officer while waiting in the draft processing area is dismissed with prejudice. The motion is reserved in all other res pects pending the outcome of the spoliation evidentiary hearing. Plaintiffs' cross-motion for spoliation sanctions, Dkt. No. 318-4, is RESERVED pending the outcome of the spoliation evidentiary hearing. Counsel for the parties shall consult with the Court's Courtroom Deputy to schedule the spoliation evidentiary hearing. The Clerk of the Court may terminate the New York State Department of Corrections and Community Supervision as a defendant in this action. Signed by Senior Judge Thomas J. McAvoy on March 28, 2023. (nas )
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Filing
325
DECISION AND ORDER: ORDERED that 254 Motion for Summary Judgment is GRANTED in part and DENIED in part. Signed by Senior Judge Thomas J. McAvoy on March 17, 2022. (nas)
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Filing
310
STIPULATION AND ORDER OF DISCONTINUANCE OF PLAINTIFF ROBERT NEGRON PURSUANT TO RULE 41(a). Signed by Senior Judge Thomas J. McAvoy on January 4, 2022. (nas )
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Filing
187
DECISION AND ORDER: ORDERED that defendants' motion to dismiss certain claims asserted in the Second Amended Complaint, Dkt. No. 172 , is GRANTED in part and DENIED in part. If plaintiffs seek to amend the SAC without the defendants' wri tten consent, application for same must be made within thirty (30) days of this Decision and Order. See Fed. R. Civ. P. 15(a)(2). Because all medical indifference claims against Upstate medical staff have been dismissed, the following defendants may be terminated from this action: Christy Conklin, Dr. Kumar, Mary Kowalchuck, Cherie Fairchild, and Matthew Ranger.Signed by Senior Judge Thomas J. McAvoy on 3/3/2020. (nas)
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