Spigner et al v. New York State Department of Corrections and Community Supervision et al
Colomba Spigner |
New York State Department of Corrections and Community Supervision, Nassau Health Care Corporation, Nassau County, Michael Coran, James Donahue, John Doe 1, M.D., John Doe 2, M.D., David S. Dinello, Paula Bozer, John Doe 3, M.D., John Doe 4, M.D., John Doe 5, M.D., Tracy Blatney, Dr. Carol Moores, Patricia Henderson, Betty M. Parkmond, Jane Doe 1, R.N. and Jane Doe 2, R.N. |
Nassau County Sheriff's Department |
9:2024cv00520 |
April 15, 2024 |
US District Court for the Northern District of New York |
Miroslav Lovric |
Anne M Nardacci |
Prisoner: Civil Rights |
42 U.S.C. § 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on May 31, 2024. A more recent docket listing may be available from PACER.
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Filing 49 NOTICE OF APPEARANCE by Elizabeth Victoria Lombardi on behalf of Tracy Blatney, Paula Bozer, Michael Coran(Superintendent of Cayuga Correctional Facility), David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond (Lombardi, Elizabeth) |
Filing 48 NOTICE OF APPEARANCE by Elizabeth Victoria Lombardi on behalf of Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond (Lombardi, Elizabeth) |
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Filing 46 Letter Request for a five day extension of time to be admitted and appear in this case filed by Oliver W. Williams, Esq. (Filed via MFT on 4/30/2024) (meb) |
Filing 45 NOTICE OF APPEARANCE by Alexander Sansone on behalf of Nassau Health Care Corporation (Sansone, Alexander) |
Filing 44 NOTICE OF APPEARANCE by Timothy P. Mulvey on behalf of Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond (Mulvey, Timothy) |
TEXT NOTICE: The Initial Conference scheduled for 6/27/2024 at 12:00PM before Magistrate Judge Miroslav Lovric, will be held via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc) |
Filing 43 Letter advising that a new attorney from the Office of the Attorney General will be appearing for this case filed by Robert E. Morelli for defendants New York State Department of Corrections and Community Supervision, Michael Coran, James Donahue, David S. Dinello, Paula Bozer, Tracy Blatney, Dr. Carol Moores, Patricia Henderson, Betty M. Parkmond. (Filed via MFT on 4/19/2024) (meb) |
Filing 42 G.O. 25 FILING ORDER ISSUED: Initial Rule Conference set for 6/27/2024 at 12:00 PM via Teams Teleconference before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/20/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb) |
Filing 41 NOTICE OF ADMISSION REQUIREMENT as to Party Nassau Health Care Corporation; Attorney Alexander V. Sansone, Email address is asan541459@msn.com. Phone number is 516-742-4076. Admissions due by 4/29/2024. (Copy served via email) (meb) |
Filing 40 NOTICE OF ADMISSION REQUIREMENT as to Parties New York State Department of Corrections and Community Supervision, Michael Coran, James Donahue, David S. Dinello, Paula Bozer, Tracy Blatney, Dr. Carol Moores, Patricia Henderson, Betty M. Parkmond; Attorney Robert Edward Morelli, Email address is robert.morelli@ag.ny.gov. Phone number is 631-231-2179. Admissions due by 4/29/2024. (Copy served via email) (meb) |
Filing 39 NOTICE OF ADMISSION REQUIREMENT as to Party New York State Department of Corrections and Community Supervision; Attorney Kimberly Ann Kinirons, Email address is Kimberly.Kinirons@ag.ny.gov. Phone number is 631-231-2424. Admissions due by 4/29/2024. (Copy served via email) (meb) |
Filing 38 NOTICE OF ADMISSION REQUIREMENT as to Party Colomba Spigner; Attorney Oliver W. Williams, Email address is owilliams@heldhines.com. Phone number is 212-696-4539. Admissions due by 4/29/2024. (Copy served via email) (meb) |
Filing 37 Case transferred in from District of New York Eastern; Case Number 2:23-cv-08741. electronically transferred when case opened |
TEXT NOTICE OF FILING DEFICIENCY regarding the #11 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney Ralph Reissman's address and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 4/18/2024 (meb) |
Case transferred to District of Nothern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (LF)[Transferred from New York Eastern on 4/15/2024.] |
Minute Entry for proceedings held before Judge Gary R. Brown:Pre Motion Conference held on 4/8/2024. Counsel for all sides present. The motions to dismiss and sever or change venue are argued. The motion for severance is denied. The motion to change venue is granted. The case shall be transferred to the Northern District of New York for all purposes. The motion to dismiss remains standing to be determined by the newly assigned judge in the NDNY. (FTR Log #11:21-11:51.) (KM) [Transferred from New York Eastern on 4/15/2024.] |
Filing 36 Letter MOTION to Appear by Telephone/Video excusing the in-person appearance of DOCCS Defendants by Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond. (Morelli, Robert) [Transferred from New York Eastern on 4/15/2024.] |
Email Notification Test for (Oliver W. Williams) - DO NOT REPLY [Transferred from New York Eastern on 4/15/2024.] |
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Filing 35 Letter response to DOCCS Defendants' premotion conference request re motion to dismiss (ECF 28) by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent) (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 34 Letter response to DOCCS Defendants' premotion conference request re motion to sever and transfer (ECF 29) by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent) (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
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Filing 33 Letter MOTION to Adjourn Conference regarding DOCCS Defendants' motion to dismiss and motion to sever/change venue by Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond. (Morelli, Robert) [Transferred from New York Eastern on 4/15/2024.] |
Filing 32 NOTICE of Appearance by Oliver W. Williams on behalf of Colomba Spigner(individually) (aty to be noticed) (Williams, Oliver) [Transferred from New York Eastern on 4/15/2024.] |
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Filing 28 MOTION for pre motion conference for Motion to Dismiss by Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond. (JC) Modified on 4/9/2024 and regenerated for statistical purposes(JC). [Transferred from New York Eastern on 4/15/2024.] |
Filing 31 First MOTION to Adjourn Conference REVISED 5:46 PM by Nassau County, Nassau County Sheriff's Department. (Reissman, Ralph) [Transferred from New York Eastern on 4/15/2024.] |
Filing 30 First MOTION to Adjourn Conference by Nassau County, Nassau County Sheriff's Department. (Reissman, Ralph) [Transferred from New York Eastern on 4/15/2024.] |
Filing 29 MOTION for pre motion conference for MOTION to Sever , or in the alternative, MOTION to Change Venue by Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond. (Morelli, Robert) Modified on 3/13/2024 to partially edit motion type pursuant to GRB Chambers(JC). Modified on 3/13/2024 to terminate. See 3/13/2024 ORDER granting 28 Motion for Pre Motion Conference; granting 29 Motion for Pre Motion Conference. (JC). [Transferred from New York Eastern on 4/15/2024.] |
Filing 27 NOTICE of Appearance by Robert Edward Morelli on behalf of Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, Betty M. Parkmond (aty to be noticed) (Morelli, Robert) [Transferred from New York Eastern on 4/15/2024.] |
Filing 26 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Paula Bozer served on 2/29/2024, answer due 3/21/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
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Filing 25 MOTION to Continue Plaintiff's request for an extension of time to serve defendant Paula Bozer by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 24 ANSWER to Complaint , CROSSCLAIM against Michael Coran by Nassau Health Care Corporation. (Sansone, Alexander) [Transferred from New York Eastern on 4/15/2024.] |
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Filing 23 ANSWER to #1 Complaint,, , CROSSCLAIM against Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Jane Doe 1, R.N., Jane Doe 2, R.N., John Doe 1, M.D., John Doe 2, M.D., John Doe 3, M.D., John Doe 4, M.D., John Doe 5, M.D., Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond by Nassau County Sheriff's Department, Nassau County. (Reissman, Ralph) [Transferred from New York Eastern on 4/15/2024.] |
Filing 22 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Patricia Henderson served on 2/17/2024, answer due 3/11/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 21 NOTICE of Appearance by Robert Edward Morelli on behalf of New York State Department of Corrections and Community Supervision (aty to be noticed) (Morelli, Robert) [Transferred from New York Eastern on 4/15/2024.] |
Filing 20 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). James Donahue served on 2/13/2024, answer due 3/5/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
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Filing 19 Letter MOTION for Extension of Time to File Answer requesting extension of time to respond to complaint on behalf of State defendants by New York State Department of Corrections and Community Supervision (Kinirons, Kimberly) Modified on 2/20/2024 to edit to a motion(JC). [Transferred from New York Eastern on 4/15/2024.] |
Filing 18 NOTICE of Appearance by Kimberly Ann Kinirons on behalf of New York State Department of Corrections and Community Supervision (aty to be noticed) (Kinirons, Kimberly) [Transferred from New York Eastern on 4/15/2024.] |
Filing 17 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Patricia Henderson served on 2/7/2024, answer due 2/28/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 16 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Tracy Blatney served on 2/6/2024, answer due 2/27/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 15 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Michael Coran served on 1/24/2024, answer due 2/14/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 14 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Carol Moores served on 1/23/2024, answer due 2/13/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 13 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). David S. Dinello served on 1/23/2024, answer due 2/13/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 12 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). New York State Department of Corrections and Community Supervision served on 1/23/2024, answer due 2/13/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 11 NOTICE of Appearance by Ralph J. Reissman on behalf of Nassau County, Nassau County Sheriff's Department (aty to be noticed) (Reissman, Ralph) [Transferred from New York Eastern on 4/15/2024.] |
Filing 10 WAIVER OF SERVICE Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Nassau Health Care Corporation waiver sent on 1/9/2024, answer due 3/11/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 9 NOTICE of Appearance by Alexander V. Sansone on behalf of Nassau Health Care Corporation (aty to be noticed) (Sansone, Alexander) [Transferred from New York Eastern on 4/15/2024.] |
Filing 8 WAIVER OF SERVICE Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Nassau County waiver sent on 12/21/2023, answer due 2/19/2024; Nassau County Sheriff's Department waiver sent on 12/21/2023, answer due 2/19/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 7 Summons Issued as to Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, Nassau County, Nassau County Sheriff's Department, Nassau Health Care Corporation, New York State Department of Corrections and Community Supervision, Betty M. Parkmond. (JC) [Transferred from New York Eastern on 4/15/2024.] |
Filing 6 Proposed Summons. Re #1 Complaint,, by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent) (Attachments: #1 Proposed Summons David Dinello, #2 Proposed Summons Paula Bozer, #3 Proposed Summons Tracy Blatney, #4 Proposed Summons Carol Moores, #5 Proposed Summons Patricia Henderson, #6 Proposed Summons Betty Parkmond, #7 Proposed Summons Nassau County Sheriff's Department, #8 Proposed Summons Nassau County, #9 Proposed Summons Nassau Health Care Corporation, #10 Proposed Summons Michael Coran, #11 Proposed Summons James Donahue) (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 5 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) [Transferred from New York Eastern on 4/15/2024.] |
Filing 4 Proposed Summons. Re #1 Complaint,, by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent) (Attachments: #1 Proposed Summons David Dinello, #2 Proposed Summons Paula Bozer, #3 Proposed Summons Tracy Blatney, #4 Proposed Summons Carol Moores, #5 Proposed Summons Patricia Henderson, #6 Proposed Summons Betty Parkmond, #7 Proposed Summons Nassau County Sheriff's Department, #8 Proposed Summons Nassau County, #9 Proposed Summons Nassau Health Care Corporation, #10 Proposed Summons Michael Coran, #11 Proposed Summons James Donahue) (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Additional attachment(s) added on 11/28/2023: #1 Additional Corrections) (LJ). [Transferred from New York Eastern on 4/15/2024.] |
Filing 2 Civil Cover Sheet.. by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent) (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Filing 1 COMPLAINT against Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Jane Doe 1, R.N., Jane Doe 2, R.N., John Doe 1, M.D., John Doe 2, M.D., John Doe 3, M.D., John Doe 4, M.D., John Doe 5, M.D., Carol Moores, Nassau County, Nassau County Sheriff's Department, Nassau Health Care Corporation, New York State Department of Corrections and Community Supervision, Betty M. Parkmond filing fee $ 402, receipt number ANYEDC-17321788 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.] |
Case Assigned to Judge Gary R. Brown and Magistrate Judge Lee G. Dunst. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) [Transferred from New York Eastern on 4/15/2024.] |
Your proposed summonses were not issued for the following reason: The caption on each summons does not match the caption of the complaint; specifically, if you use "et al" you must attach a rider with the full case caption. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ) [Transferred from New York Eastern on 4/15/2024.] |
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