DeJesus et al v. Annucci et al
| Francisco DeJesus, Herron Emerenciano and Rashad Scott |
| Anthony Annucci, Michael Kirkpatrick, Donald Venettozzi, Michael Dixon, Jeffery Rock, Earl Bell, Jerry Kowalowski, Daniel Holdridge, John Doe I, John Doe II and John Doe III |
| 9:2018cv00372 |
| March 27, 2018 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Erie |
| Daniel J. Stewart |
| Glenn T. Suddaby |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
84
TRIAL ORDER : The jury trial in this case shall begin on August 15, 2022 at 9:00 a.m. in Syracuse, New York before the Honorable Glenn T. Suddaby. Any request to the Court to issue a Writ of Habeas Corpus Ad Testificandum to produce an inmate witnes s to testify at trial must be made by June 27, 2022. All counsel must appear before the undersigned at a final pretrial conference on August 8, 2022 at 10:00 AM at the James Hanley Federal Building, 100 South Clinton Street, Syracuse, New York. A ll pretrial submissions, including any motions in limine, must be filed on or before July 25, 2022, and all responses to motions in limine must be filed on or before August 1, 2022. This order supersedes all deadlines previously set. Signed by Chief Judge Glenn T. Suddaby on 5/10/2022. (sal)
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Filing
78
DECISION AND ORDER that Defendants' motion for summary judgment (Dkt. No. 69 ) is GRANTED in part and DENIED in part as described in this Decision and Order. The Clerk of Court shall enter Judgment for Defendants on the following claims, wh ich are DISMISSED: (a) Plaintiff Emerenciano's retaliation claim under the First Amendment against Defendant Bell; (b) Plaintiff Scott's retaliation claim under the First Amendment against Defendant Houck; (c) Plaintiff Emerenciano� 39;s due process claim under the Fourteenth Amendment against Defendant Bell; (d) Plaintiff Emerenciano's due process claim under the Fourteenth Amendment against Defendant Venettozzi; (e) Plaintiff DeJesus' supervisory liability clai m against Defendant Venettozzi; and (f) Plaintiff Emerenciano's supervisory liability claim against Defendant Venettozzi. The following claims SURVIVE this motion for summary judgment: (a) Plaintiff DeJesus' retaliation claim under the First Amendment against Defendant Dixon; (b) Plaintiff DeJesus' retaliation claim under the First Amendment against Defendant Rock; and (c)Plaintiff Emerenciano's retaliation claim under the First Amendment against Defendant Kowalowski. The Clerk of Court shall TERMINATE the following individuals as Defendants in this action: Earl Bell, Richard Houck, and Donald Venettozzi. Signed by Chief Judge Glenn T. Suddaby on 3/31/2022. (sal )
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Filing
40
DECISION AND ORDER that Defendants' motion to dismiss (Dkt. No. 25 ) is GRANTED in part and DENIED in part as described within this Decision and Order. The following claims are DISMISSED: (a) Plaintiff Scott's First Claim under the First Amendment to the extent it is asserted against Defendants Holdridge, Crowley, and Gregory; (b) Plaintiff DeJesus' Third and Fourth Claims under the Fourteenth Amendment; (c) Plaintiff Scott's Fifth Claim under the First and/or Fourteen th Amendment; and (d) Plaintiffs' Second Claims of supervisory liability against Defendants Annucci and Kirkpatrick. The following claims SURVIVE this motion to dismiss: (a) Plaintiffs' First Claim under the First Amendment as asserted b y Plaintiffs DeJesus and Emerenciano against all relevant Defendants, and as asserted by Plaintiff Scott to the extent it is asserted against Defendant Houck based on his alleged transfer of Plaintiff; (b) Plaintiff Emerenciano's Third Clai m under the Fourteenth Amendment against Defendant Bell; (c) Plaintiff Emerenciano's Fourth Claim under the Fourteenth Amendment against Defendant Venettozzi; and (d) Plaintiffs' Second Claim of supervisory liability against Defendant Venettozzi. Defendants Annucci, Kirkpatrick, Holdridge, Crowley, and Gregory are DISMISSED from this action. Signed by Chief Judge Glenn T. Suddaby on 9/23/2019. (sal)
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Filing
31
ORDER OF SUBSTITUTION: ORDERED, that the Motion to Substitute Yolanda Keyes (Dkt. No. 27 ), as Administratrix, for her deceased father Francisco DeJesus, as a Plaintiff in this action, is GRANTED. ORDERED, that the Clerk of the Court shall subst itute Yolanda Keyes, as the Plaintiff on the docket for purposes of pursuing Plaintiff Francisco DeJesus' claims in her capacity as Administratrix of the Estate of Francisco Dejesus. Signed by Magistrate Judge Daniel J. Stewart on 12/28/18. (nas)
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