Paykina v. Lewin et al
| Natalya Paykina |
| John Doe 2, Donna Lewin, Anthony J. Annucci and John Doe 1 |
| 9:2019cv00061 |
| January 16, 2019 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on January 8, 2020. A more recent docket listing may be available from PACER.
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| Filing 51 Medical Records filed by Natalya Paykina. (Attachments: #1 Exhibit(s), #2 Proposed Order/Judgment)(Williams, Mario) |
| Filing 50 RESPONSE TO LETTER BRIEF filed by Natalya Paykina as to #47 LETTER BRIEF filed by Anthony J. Annucci, Donna Lewin . (Williams, Mario) |
| Filing 49 CERTIFICATE OF SERVICE by Anthony J. Annucci, Donna Lewin re #47 LETTER BRIEF (2nd Corrected) (Krasnokutski, Shannan) |
| Filing 48 CERTIFICATE OF SERVICE by Anthony J. Annucci, Donna Lewin re #47 LETTER BRIEF (Corrected) (Krasnokutski, Shannan) |
| Filing 47 LETTER BRIEF Objection by Anthony J. Annucci, Donna Lewin. (Attachments: #1 Declaration of Service via ECF)(Krasnokutski, Shannan) |
| Filing 46 Witness List by Natalya Paykina. (Williams, Mario) |
| Filing 45 Exhibit List for Evidentiary Hearing by Natalya Paykina. (Williams, Mario) |
| Filing 44 NOTICE by Natalya Paykina Plaintiff's Supplemental Brief (Attachments: #1 Exhibit(s) Ex 1: Keltner Report, #2 Exhibit(s) Ex 2: Cell Photos, #3 Exhibit(s) Ex 3: Shower Photo, #4 Exhibit(s) Ex 4: Programming Room Photos, #5 Exhibit(s) Ex 5: Recreation Cage Photos, #6 Exhibit(s) Ex 6: Restart Chair Photos)(Williams, Mario) (Attachment 5 replaced on 3/14/2019) (rjb, ). |
| Filing 43 LETTER BRIEF regarding standard for Plaintiff's claims and confidentiality of mental health testimony by Anthony J. Annucci, Donna Lewin. (Attachments: #1 Declaration of Service via ECF)(Krasnokutski, Shannan) |
| Filing 42 Witness List by Anthony J. Annucci, Donna Lewin. (Krasnokutski, Shannan) |
| Filing 41 Exhibit List for Evidentiary Hearing by Anthony J. Annucci, Donna Lewin. (Krasnokutski, Shannan) |
Filing 40
TEXT ORDER: The Court has reviewed plaintiff's motion for continuance and the letter briefs filed by counsel #35 , #38 and #39 . Plaintiff's motion #35 is GRANTED. The rescheduled hearing will be held in Albany. Counsel are to confer with the Courtroom Deputy Clerk to reschedule the hearing date. SO ORDERED by Judge Brenda K. Sannes on 3/8/2019. (rjb, )
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| Filing 39 RESPONSE TO LETTER BRIEF filed by Natalya Paykina as to #38 LETTER BRIEF filed by Anthony J. Annucci, Donna Lewin . (Williams, Mario) |
| Filing 38 LETTER BRIEF in Opposition to Motion for Continuance by Anthony J. Annucci, Donna Lewin. (Attachments: #1 Declaration of Service via ECF)(Krasnokutski, Shannan) |
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Filing 37
TEXT ORDER: Defendants are directed to file a response to Plaintiff's #35 request by 3/8/2019. SO ORDERED by Judge Brenda K. Sannes on 3/7/2019. (rjb, )
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Filing 36
TEXT ORDER granting #34 Letter Request - Defendants' Supplemental Briefing and Witness and Exhibit List deadline is extended to March 11, 2019. SO ORDERED by Judge Brenda K. Sannes on 3/7/2019. (rjb, )
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| Filing 35 Motion for Continuance Letter Motion from Plaintiff for Natalya Paykina requesting Motion for Continuance submitted to Judge Sannes . (Attachments: #1 Proposed Order/Judgment)(Williams, Mario) |
| Filing 34 Letter Motion from AAG Pederson for Anthony J. Annucci, Donna Lewin requesting extension to file witness list/exhibit list/supplemental briefing submitted to Judge Sannes . (Pederson, Helena) |
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Filing 33
TEXT ORDER granting #32 Motion for Extension of Time - Plaintiff's Supplemental Briefing and Witness and Exhibit List deadline is extended to March 11, 2019. SO ORDERED by Judge Brenda K. Sannes on 3/7/2019. (rjb, )
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| Filing 32 MOTION for Extension of Time to File Unopposed Motion for Extension of Time to File Supplemental Briefing and Witness and Exhibit Lists filed by Natalya Paykina. (Attachments: #1 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Williams, Mario) |
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Filing 31
STIPULATION AND ORDER as to the facility visit. Signed by Judge Brenda K. Sannes on 3/1/2019. (rjb, )
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| Filing 30 STIPULATION re: March 4 Facility Visit by Anthony J. Annucci, Donna Lewin submitted to Judge Sannes. (Pederson, Helena) |
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Filing 29
STIPULATION AND ORDER as to OMH records. Signed by Judge Brenda K. Sannes on 3/1/2019. (rjb, )
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Filing 28
TEXT ORDER granting Plaintiff's #20 Motion for Limited Discovery, as discussed during the conference held on 3/1/2019, limited to Plaintiff's request to serve the nonparty subpoenas identified in Plaintiff's letter #27 . SO ORDERED by Judge Brenda K. Sannes on 3/1/2019. (rjb, ) Modified on 3/1/2019 (rjb, ).
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| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 3/1/2019. Appearances: Dallas LePierre, Esq. for Plaintiff; Helena Pederson, AAG and Shannan Krasnokutski, AAG for Defendants. Judge Sannes hears from counsel on Dkt. Nos. #19 and #20 . Counsel will submit a stipulation and proposed order to the Court regarding the scheduled visit. Judge Sannes grants the #20 letter request, Plaintiff is granted leave to serve the non-party subpoenas identified at Dkt. No. #27 . Judge Sannes reserves decision on counsels' request to close the courtroom to the public and would like briefing on this issue. Supplemental briefing and witness and exhibit lists due by 3/8/2019. (Court Reporter Hannah Cavanaugh; 9:30AM-9:46AM) (rjb, ) |
| Filing 27 LETTER BRIEF by Natalya Paykina. (Williams, Mario) |
| Filing 26 STIPULATION as to OMH records by Anthony J. Annucci, Donna Lewin submitted to Judge Sannes. (Pederson, Helena) |
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Filing 25
TEXT ORDER: The Court has reviewed Plaintiff's motion for discovery through nonparty subpoenas #20 and Defendants' response #21 . Plaintiff is directed to submit a letter by February 28, 2018: (i) identifying the entities Plaintiff seeks to subpoena and the documents sought from each entity; and (ii) responding to Defendants' position on the requested subpoenas and the disclosure of Office of Mental Health records. SO ORDERED by Judge Brenda K. Sannes on 2/27/2019. (rjb, )
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| Filing 24 NOTICE of Appearance by Shannan Collier Krasnokutski on behalf of Anthony J. Annucci, Donna Lewin (Attachments: #1 Declaration of Service via ECF)(Krasnokutski, Shannan) |
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Filing 23
TEXT ORDER granting #21 Letter Request. Telephone Conference set for 3/1/2019 at 09:30 AM before Judge Brenda K. Sannes. Defendants' attorney is directed to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. SO ORDERED by Judge Brenda K. Sannes on 2/25/2019. (rjb, )
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| TEXT NOTICE of Hearing on #5 Emergency Motion for Temporary Restraining Order : Evidentiary Hearing set for 3/15/2019 at 10:00 AM in Albany before Judge Brenda K. Sannes. (rjb, ) |
| Filing 22 REPLY to Response to Motion re #19 MOTION Court Order to Permit Inspection of Hudson Correctional Facility and the Evaluation of Minor Child, E.L., by a Psychiatric Expert re #5 Emergency MOTION for Temporary Restraining Order , #21 Letter Motion from AAG Pederson for Anthony J. Annucci, Donna Lewin requesting a conference submitted to Judge Stewart , #20 MOTION for Discovery Motion for Limited Discovery filed by Natalya Paykina. (Williams, Mario) |
| Filing 21 Letter Motion from AAG Pederson for Anthony J. Annucci, Donna Lewin requesting a conference submitted to Judge Stewart . (Pederson, Helena) |
| Filing 20 MOTION for Discovery Motion for Limited Discovery filed by Natalya Paykina. (Attachments: #1 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Williams, Mario) |
| Filing 19 MOTION Court Order to Permit Inspection of Hudson Correctional Facility and the Evaluation of Minor Child, E.L., by a Psychiatric Expert re #5 Emergency MOTION for Temporary Restraining Order filed by Natalya Paykina. (Attachments: #1 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Williams, Mario) |
| Filing 18 ANSWER to #1 Complaint,, by Anthony J. Annucci, Donna Lewin. (Attachments: #1 Appendix A - Dir. 4932A, #2 Appendix B - Dir. 4933C, #3 Appendix C - Dir. 0057, #4 Certificate of Service)(Pederson, Helena) |
| Minutes from 2/1/2019 hearing emailed to Attorney Williams as his notice was turned off in ECF. Clerk turned the notice back on so that Attorney Williams will receive future filings. (rjb, ) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Motion Hearing held on 2/1/2019 re: #5 Emergency MOTION for Temporary Restraining Order filed by Natalya Paykina. Appearances: Dallas LePierre, Esq. for Plaintiff; Helena Pederson, AAG for Defendants. Judge Sannes hears from counsel on Plaintiff's pending TRO motion. An evidentiary hearing will be scheduled. Parties are granted leave to file supplemental briefs before the hearing. Counsel anticipate 4-6 witnesses for the hearing. Plaintiff's counsel would like an assessment of Plaintiff done before deciding whether he should be present at the hearing. AAG Pederson requests that the hearing be held in Albany, Judge Sannes will consider the request. Judge Sannes raises the issue of whether the claims fall under the Eighth or Fourteenth Amendment. (Court Reporter Hannah Cavanaugh; 1:30PM-2:00PM) (rjb, ) |
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Filing 17
TEXT ORDER granting #7 Motion for Limited Admission Pro Hac Vice. Attorney Dallas S. LePierre is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 1/31/2019. (mab)
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| Filing 16 Supplemental Admission documents re: #7 Motion for Limited Admission Pro Hac Vice. (Williams, Mario) |
| TEXT NOTICE regarding #5 Emergency Motion for Temporary Restraining Order: A Telephone Conference is scheduled for tomorrow, 2/1/2019, at 1:30 PM before District Judge Brenda K. Sannes to address the merits of the motion and the scheduling of an evidentiary hearing. Plaintiff's counsel is directed to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. (sal) |
| Filing 15 REPLY to Response to Motion re #5 Emergency MOTION for Temporary Restraining Order filed by Natalya Paykina. (Williams, Mario) |
| Filing 14 RESPONSE in Opposition re #5 Emergency MOTION for Temporary Restraining Order filed by Anthony J. Annucci, Donna Lewin. (Attachments: #1 Declaration of Donna Lewin, #2 Memorandum of Law, #3 Certificate of Service)(Pederson, Helena) |
| Filing 13 NOTICE of Appearance by Helena O. Pederson on behalf of Anthony J. Annucci, Donna Lewin (Pederson, Helena) |
| Exhibits (CD-Roms) received for Exhibits at Dkt. Nos. 1-2 and 5-12. (nas, ) |
| Filing 12 AFFIDAVIT of Service for Complaint, Summons, G.O. 25, Plaintiff's Motion for Temporary Restraining Order, ECF 6 served on Anthony Annucci on 1/22/2019, filed by Natalya Paykina. (Williams, Mario) |
| Filing 11 AFFIDAVIT of Service for Complaint, Summons, G.O. 25, Plaintiff's Motion for Temporary Restraining Order, ECF 6 served on Donna Lewin on 1/22/2019, filed by Natalya Paykina. (Williams, Mario) |
| Filing 10 SUMMONS Returned Executed by Natalya Paykina. Anthony J. Annucci served on 1/18/2019, answer due 2/8/2019. (Williams, Mario) |
| Filing 9 SUMMONS Returned Executed by Natalya Paykina. Donna Lewin served on 1/18/2019, answer due 2/8/2019. (Williams, Mario) |
| Filing 8 Supplemental Admission documents re: #7 Motion for Limited Admission Pro Hac Vice. (Williams, Mario) |
| Filing 7 MOTION for Limited Admission Pro Hac Vice of Dallas S. LePierre Filing fee $100, receipt number ANYNDC-4624691. filed by Natalya Paykina. (Attachments: #1 Exhibit(s)) Motions referred to Daniel J. Stewart. (Williams, Mario) |
| Notice of Filing Deficiency re: #7 Motion for Limited Admission Pro Hac Vice of Dallas S. LePierre. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
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Filing 6
TEXT ORDER: The Court has reviewed Plaintiff's Emergency Motion for a Temporary Restraining Order directing Defendants to "release E.L. from disciplinary segregation pending resolution of this matter." (Dkt. Nos. #5 , [5-1]). Defendants shall file a response to Plaintiff's motion by 1/25/2019. Plaintiff shall file a reply by 1/29/2019. Plaintiff is directed to serve a copy of the motion papers, a copy of the complaint, and a copy of this Text Order on Defendants and file proof of service by 1/22/2019. Counsel will be notified if oral argument is necessary. Signed by Judge Brenda K. Sannes on 01/17/2019. (sr)
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| Filing 5 Emergency MOTION for Temporary Restraining Order by Natalya Paykina. RETURNABLE BEFORE US DISTRICT JUDGE BRENDA K. SANNES. (Attachments: #1 Proposed Order/Judgment Proposed Order, #2 Exhibit(s) Ex 1 Paykina Declaration, #3 Exhibit(s) Ex 2 Article on Solitary Confinement, #4 Exhibit(s) Ex 3 DOJ Report on Restrictive Housing, #5 Exhibit(s) Ex 4 Peoples Settlement Agreement, #6 Exhibit(s) Ex 5 NY Study on Solitary Confinement and Self Harm, #7 Exhibit(s) Ex 6 Senate Bill S4784A, #8 Exhibit(s) Ex 7 DOJ Report on Children Exposed to Violence, #9 Exhibit(s) Ex 8 Presidential Memorandum, #10 Exhibit(s) Ex 9 51 Jurisdiction Survey, #11 Exhibit(s) Ex 10 ABA Report, #12 Exhibit(s) Ex 11 Video, #13 Exhibit(s) Ex 12 Examples from Other States, #14 Exhibit(s) Ex 13 Directive 4932A, #15 Exhibit(s) Ex 14 NCCHC Report, #16 Exhibit(s) Ex 15 Expert Declaration, #17 Exhibit(s) Ex 16 ACA Article)(Williams, Mario) Modified on 1/17/2019 (nas, ). |
| Filing 4 Summons Issued as to Anthony J. Annucci, Donna Lewin. (Attachments: #1 Annucci Summons)(rar, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/23/2019 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/16/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (rar, ) |
| Filing 2 TEXT NOTICE: Although the plaintiff herein has named John Does 1 and 2 in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John/Jane Doe" defendant at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "John and/or Jane Does" defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. (rar, ) |
| Filing 1 COMPLAINT against Anthony J. Annucci, John Doe 1, John Doe 2, Donna Lewin (Filing fee $400 receipt number ANYNDC 4620643) filed by Natalya Paykina. (Attachments: #1 Directive 4932A, #2 Video, #3 NYSAC Report, #4 NCCHC Report, #5 DOJ Report on Children Exposed to Violence, #6 ACA Article, #7 Directive 4933C, #8 Mental Illness and Juvenile Offenders Report, #9 NCSL Article, #10 Paykina Declaration, #11 DOJ Report on Restrictive Housing, #12 Civil Cover Sheet, #13 Proposed Summons)(rar, ) |
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