Lev v. Colvin et al
| Edward Lev |
| John Doe 2, Anthony J. Annucci, John Colvin, John Doe 1 and Matthew Thoms |
| 9:2019cv01387 |
| November 8, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.
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| Filing 32 JUDGMENT in favor of Anthony J. Annucci, Matthew Thoms against Edward Lev. (rjb, ) |
Filing 31
ORDER that Defendants' motion to dismiss (Dkt. No. #25 ) is GRANTED and that the Amended Complaint (Dkt. No. #9 ) is DISMISSED without prejudice. Plaintiff's motion for a temporary restraining order and preliminary injunction (Dkt. Nos. #4 , #10 ), and Defendants' motion to transfer venue (Dkt. No. #25 ) are DENIED as moot. The Clerk is directed to close this case. Signed by Judge Brenda K. Sannes on 12/23/2019. (rjb, )
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Filing 30
TEXT ORDER granting #28 Application for judge reassignment due to a related case. Upon review of both cases, the Court finds that this case is related to earlier case 9:19-CV-0061 (BKS/DJS), therefore, in accordance with the Court's related case policy (See General Order 12) and in the interest of judicial economy, the Clerk is directed to reassign this case to Magistrate Judge Daniel J. Stewart. Judge Hummel is no longer assigned to this case. SO ORDERED by Judge Brenda K. Sannes on 12/23/2019. (rjb, )
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| Filing 29 LETTER BRIEF in opposition to Notice of Related Case (dkt. 28) by Anthony J. Annucci, Matthew Thoms. (Attachments: #1 Declaration of Service via ECF)(Krasnokutski, Shannan) |
| Filing 28 NOTICE by Edward Lev Notice of Related Case (LePIerre, Dallas) Modified on 12/20/2019 (rep, ). |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Motion Hearing held on 12/19/2019 re: #25 MOTION to Dismiss filed by Anthony J. Annucci, Matthew Thoms. Appearances: Dallas LePierre, Esq. for Plaintiff; Helena Pederson, AAG and Shannan Krasnokutski, AAG for Defendants. Judge Sannes hears argument on the pending cross motion to dismiss and to transfer in this case and the pending summary judgment motion in 19-CV-61. A written decision will be issued. (Court Reporter Eileen McDonough; 10:03AM-10:37AM) (rjb, ) |
| Filing 27 REPLY to Response to Motion re #25 MOTION to Dismiss filed by Anthony J. Annucci, Matthew Thoms. (Attachments: #1 Certificate of Service)(Pederson, Helena) |
| Filing 26 RESPONSE in Opposition re #25 MOTION to Dismiss filed by Edward Lev. (Edmonds, Angelik) |
| Filing 25 RESPONSE in Opposition re #4 Emergency MOTION for Temporary Restraining Order and Cross-Motion to Dismiss the Complaint filed by Anthony J. Annucci, Matthew Thoms. (Attachments: #1 Declaration of AAG Pederson, #2 Memorandum of Law, #3 Certificate of Service)(Pederson, Helena) Modified on 12/5/2019 to make the entry a pending motion (rep, ). |
| Filing 24 NOTICE of Appearance by Dallas LePIerre on behalf of Edward Lev (LePIerre, Dallas) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 11/26/2019. Appearances: Angelik Edmonds, Esq. and Dallas LePierre, Esq. for Plaintiff; Helena Pederson, AAG and Shannan Krasnokutski, AAG for Defendants. Judge Sannes has reviewed Dkt. Nos. #19 and #22 and hears from counsel on Defendants' anticipated motion to dismiss. The motion to dismiss will be filed as a cross motion with their response to the pending TRO motion. Defendants are granted leave to file a reply to their motion to dismiss by 12/16/2019. No witness or exhibit lists will be needed for the 12/19/2019 hearing and no discovery will be conducted before the hearing. (Court Reporter Eileen McDonough; 10:00AM-10:15AM) (rjb, ) |
| TEXT NOTICE TO COUNSEL: The oral argument scheduled for 12/19/2019 at 10:00 AM will be held by telephone. Defendants' counsel is directed to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. (rjb, ) |
| Filing 23 NOTICE of Appearance by Shannan Collier Krasnokutski on behalf of Anthony J. Annucci, Matthew Thoms (Krasnokutski, Shannan) |
| Filing 22 RESPONSE TO LETTER BRIEF filed by Anthony J. Annucci, Matthew Thoms as to 20 Order on Letter Request, . (Pederson, Helena) |
| Filing 21 NOTICE of Appearance by Helena O. Pederson on behalf of Anthony J. Annucci, Matthew Thoms (Pederson, Helena) |
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Filing 20
TEXT ORDER: The Court has reviewed Dkt. No. #19 . Defendants are to file a response by the close of business 11/25/2019. A Telephone Conference is set for 11/26/2019 at 10:00 AM before Judge Brenda K. Sannes. Plaintiff's counsel 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 11/21/2019 (served on Defendants' counsel via email). (rjb, )
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| Filing 19 Letter Motion from Plaintiff for Edward Lev requesting Conference regarding Limited Discovery submitted to Judge Sannes . (Attachments: #1 Supplement)(Edmonds, Angelik) |
| Filing 18 NOTICE of Appearance by John M Shoreman on behalf of Edward Lev (Shoreman, John) |
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Filing 17
TEXT ORDER: Witness and exhibit lists for the 12/19/2019 hearing are to be filed no later than 12/12/2019. SO ORDERED by Judge Brenda K. Sannes on 11/21/2019. (rjb, )
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Filing 16
TEXT ORDER: Denying the #15 Letter Motion for the Admission of Dallas S. LePierre because it is incomplete. Counsel should refer to the Attorney Admission section of the District Court's website at https://www.nynd.uscourts.gov/attorney-admissions-nextgen for instructions on the necessary forms for Pro Hac Vice Motions. Once the proper documentation has been complied, the motion should be filed using the Limited Admission Pro Hac Vice event under the motion section on the Court's electronic filing system (ECF) so that the $100 filing fee can be paid. SO ORDERED by Judge Brenda K. Sannes on 11/20/2019. (rjb, )
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| Filing 15 Letter Motion from Plaintiff for Edward Lev requesting Pro Hac Vice Admission submitted to Judge Sannes . (Attachments: #1 Proposed Order/Judgment)(Williams, Mario) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 11/20/2019. Appearances: Angelik Edmonds, Esq. for Plaintiff; Helena Pederson, AAG for Defendants. Judge Sannes discusses emergency motion with counsel. Response to motion due 12/4/2019, reply due 12/11/2019 and hearing scheduled for 12/19/2019 at 10:00. Counsel are both available on 12/20/2019 if the hearing needs to be moved due to Judge Sannes' trial schedule. Judge Sannes encourages counsel to confer and see if any agreement can be reached. (Court Reporter Eileen McDonough; 2:34PM-2:46PM) (rjb, ) |
| TEXT NOTICE of Hearing on #10 Emergency Motion for Temporary Restraining Order Amended: Response to Motion due by 12/4/2019; Reply to Response to Motion due by 12/11/2019. Motion Hearing set for 12/19/2019 at 10:00 AM in Syracuse before Judge Brenda K. Sannes. Appearances are required. (rjb, ) |
| ***Answer due date updated for Anthony J. Annucci and Matthew Thoms: answer due 12/11/2019. (rep) |
| Filing 14 AFFIDAVIT of Service for Summons, Amended Complaint, Motion for TRO, Text Order (ECF 5) served on Letitia James, Attorney General on 11/19/19, filed by Edward Lev. (Williams, Mario) |
| Filing 13 AFFIDAVIT of Service for Summons, Amended Complaint, Motion for TRO, Text Order (ECF 5) served on Matthew Thoms on 11/19/19, filed by Edward Lev. (Williams, Mario) |
| Filing 12 AFFIDAVIT of Service for Summons, Amended Complaint, Motion for TRO, Text Order (ECF 5) served on Anthony J. Annucci on 11/19/19, filed by Edward Lev. (Williams, Mario) |
| Filing 11 Summons Issued as to Anthony J. Annucci, Matthew Thoms. (Attachments: #1 Summons Issued as to Matthew Thoms)(rep) |
| Filing 10 Emergency MOTION for Temporary Restraining Order Amended by Edward Lev. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Declaration)(Williams, Mario) |
| Filing 9 AMENDED COMPLAINT against Anthony J. Annucci, John Doe 1, John Doe 2, Matthew Thoms filed by Edward Lev. (Attachments: #1 Exhibit(s), #2 Proposed Summons)(Williams, Mario) |
| Filing 8 NOTICE of Appearance by Angelik Edmonds on behalf of Edward Lev (Edmonds, Angelik) |
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Filing 7
TEXT ORDER granting #6 Motion for Limited Admission Pro Hac Vice for Angelik Lovenia Edmonds, Esq. 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. Authorized by Magistrate Judge Christian F. Hummel on 11/13/2019. (tab)
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| Filing 6 MOTION for Limited Admission Pro Hac Vice of Angelik Lovenia Edmonds Filing fee $100, receipt number ANYNDC-4941064. filed by Edward Lev. (Attachments: #1 Declaration, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement) Motions referred to Christian F. Hummel. (Williams, Mario) |
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Filing 5
TEXT ORDER: The Court has reviewed Plaintiff's Emergency Motion for a Temporary Restraining Order and Injunctive Relief concerning Plaintiff's conditions of confinement. (Dkt. Nos. 4, 4-1-4-3). 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 11/19/2019. A telephone conference is scheduled for November 20, 2019 at 2:30 p.m. The Court will set a briefing schedule during the telephone conference. Plaintiff's 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 11/13/2019. (rjb, )
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| Filing 4 Emergency MOTION for Temporary Restraining Order by Edward Lev. (Attachments: #1 Affidavit Affidavit of Counsel, #2 Exhibit(s) Edward Lev Declaration, #3 Exhibit(s) Expert Report)(Williams, Mario) Modified on 11/12/2019 - Attachment 3 restricted to case participants as it contains a medical report (rep). |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/10/2020 at 9:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/3/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (rep) |
| Filing 2 Summons Issued as to Anthony J. Annucci, John Colvin. (Attachments: #1 Summons Issued as to Anthony J. Annucci)(rep) |
| Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (rep) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe's in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John Doe" defendant at this time. In the event plaintiff wishes to pursue claims against these defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "John Doe" 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. (rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against Anthony J. Annucci, John Colvin, John Doe 1, and John Doe 2 (Filing fee $400 receipt number ANYNDC-4938478), filed by Edward Lev. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(rep) |
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