Mercado et al v. The City of New York et al
| Frank Mercado and Evelyn Mercado |
| The City of New York, Commissioner Martin F. Horn, Correction Officers John Doe, Prison Health Services, Inc., Michael Catalano, Trevor Parks, Program Director Rebecca Pinney, James Capoziello, Dr. Benjamin Okonta, Dr. Thomas R. Frieden, Louise Cohen, Simflex Nyame, Patricia T. Jones, Correction Officer Carmela Brignone, Correction Officer Karen Fields, Correction Officer V. Clark, Correction Officer Ronald Golbourne and PHS Medical Services, P.C. |
| 1:2008cv02855 |
| March 18, 2008 |
| US District Court for the Southern District of New York |
| Civil Rights: Other Office |
| New York |
| Barbara S Jones |
| Henry B Pitman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on December 6, 2011. A more recent docket listing may be available from PACER.
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| Filing 156 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated December 5, 2011, Defendants' Motion for Summary Judgment on counts 1, 2, and 10 is granted; and Plaintiffs' remaining causes of action are dismissed without prejudice to refile in a state court of appropriate jurisdiction; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/6/11) (Attachments: #1 notice of right to appeal)(ml) |
Filing 155
MEMORANDUM & ORDER: For the reasons set forth above, Defendants' Motion forSummary Judgment on counts 1, 2, and 10 is GRANTED. Plaintiffs' remaining causes of action are dismissed without prejudice to refile in a state court of appropriate jurisdiction. Because no further issues remain to be decided, the Clerk of the Court is directed to close the case. (Signed by Judge Barbara S. Jones on 12/5/2011) (djc)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #155 Order, to the Judgments and Orders Clerk. (djc) |
| Filing 154 COUNTER STATEMENT TO #127 Rule 56.1 Statement. Document filed by Patricia T. Jones. (Eison, Howard) |
| Filing 153 COUNTER STATEMENT TO #132 Rule 56.1 Statement,,,,,,,, #135 Rule 56.1 Statement,,,,. Document filed by Patricia T. Jones. (Eison, Howard) |
| Filing 152 REPLY MEMORANDUM OF LAW in Support re: #115 FIRST MOTION for Summary Judgment.. Document filed by Patricia T. Jones. (Eison, Howard) |
| Filing 151 AFFIDAVIT OF SERVICE of Reply Memorandum of Law in Support of Summary Judgment served on Stoll, Glickman & Bellina, LLP, Meenan & Associates, LLC and The New York City Law Dept. on 6-3--11. Service was made by Mail. Document filed by Ronald Golbourne, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Thomas, Gillian) |
| Filing 150 REPLY MEMORANDUM OF LAW in Support re: #111 MOTION for Summary Judgment.. Document filed by Ronald Golbourne, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Attachments: #1 Exhibit Exh. 1 to Reply Memo of Law)(Thomas, Gillian) |
| Filing 149 AFFIDAVIT OF SERVICE of Response to Plaintiff Mercado's Rule 56.1 Statement served on Stoll, Glickman & Bellina, LLP, Meenan & Associates, LLC and The New York City Law Dept. on 6-30-11. Service was made by Mail. Document filed by Ronald Golbourne, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Thomas, Gillian) |
| Filing 148 RULE 56.1 STATEMENT. Document filed by Ronald Golbourne, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Thomas, Gillian) |
| Filing 147 AFFIRMATION of Paul Stuart Haberman in Support re: #111 MOTION for Summary Judgment.. Document filed by Ronald Golbourne, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Attachments: #1 Exhibit Exhibit A Part 1, #2 Exhibit Exhibit A Part 2, #3 Exhibit Exhibit A Part 3, #4 Exhibit Exhibit A Part 4, #5 Affidavit Affidavit of Service)(Haberman, Paul) |
| Filing 146 AFFIRMATION in Support re: #111 MOTION for Summary Judgment.. Document filed by Ronald Golbourne, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Attachments: #1 Exhibit Exhibit A Part 1, #2 Exhibit Exhibit A Part 2, #3 Exhibit Exhibit A Part 3, #4 Exhibit Exhibit A Part 4, #5 Affidavit Affidavit of Service)(Haberman, Paul) |
| Filing 145 REPLY AFFIDAVIT in Support re: #111 MOTION for Summary Judgment.. Document filed by Ronald Golbourne, Patricia T. Jones, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Attachments: #1 Affidavit Affidavit of Service)(Devlin, Austa) |
| Filing 144 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a motion hearing proceeding held on 5/27/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(tro) |
| Filing 143 TRANSCRIPT of Proceedings re: motion to defer consideration of the summary judgment motion in order to permit deposition of Mr. Friedman hearing held on 5/27/2011 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2011. Redacted Transcript Deadline set for 7/18/2011. Release of Transcript Restriction set for 9/15/2011.(tro) (Main Document 143 replaced on 6/13/2011) (tro). |
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Filing 142
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Paul Stuart Haberman dated 5/31/2011 re: In light of the 5/27/2011 Order, therefore, we now respectfully request that the Court permit us to serve Reply papers that are no longer that twenty-five (25) double spaced pages in length as to each of the Plaintiffs. Further, we respectfully request thirty (30) days from the date of this letter, or until June 30, 2011 to file our reply papers. ENDORSEMENT: The parties represented by Mr. Haberman are granted until 6/30/11 to file a Reply memo no greater than 25 pages in length. (Signed by Magistrate Judge Henry B. Pitman on 6/1/2011) (mbe)
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| Filing 141 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Howard Eison dated 6/1/2011 re: I respectfully request that defendant Patricia Jones' time to respond to plaintiffs' opposition papers be extended to 6/30/2011, and that the page limitation of her reply be increased from 10 to 15 pages. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 6/1/2011) (mbe) |
| Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 5/27/2011. Conference held order to follow. (mbe) |
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Filing 140
ORDER: Denying #123 FIRST MOTION to Take Deposition from David Friedman and Defer Decision of Summary Judgment, Pursuant to Rule 56(d)(2). For the reasons stated on the record in open court, it is hereby ORDERED that plaintiffs' motion is denied. The Clerk of the Court is directed to mark Docket Item123 closed.(Signed by Magistrate Judge Henry B. Pitman on 5/27/2011) (mbe)
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| Filing 139 MEMORANDUM OF LAW in Opposition re: #123 FIRST MOTION to Take Deposition from David Friedman and Defer Decision of Summary Judgment, Pursuant to Rule 56(d)(2).. Document filed by Patricia T. Jones. (Attachments: #1 Appendix Mayo v County of Albany, #2 Appendix Sinkov v Americor)(Eison, Howard) |
| Filing 138 DECLARATION of Howard Eison in Opposition re: #123 FIRST MOTION to Take Deposition from David Friedman and Defer Decision of Summary Judgment, Pursuant to Rule 56(d)(2).. Document filed by Patricia T. Jones. (Attachments: #1 Exhibit arraignment transcript, #2 Exhibit burns disclosure, #3 Exhibit automatic disclosure)(Eison, Howard) |
| Filing 137 MEMORANDUM OF LAW in Opposition re: #123 FIRST MOTION to Take Deposition from David Friedman and Defer Decision of Summary Judgment, Pursuant to Rule 56(d)(2).. Document filed by Ronald Golbourne, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Attachments: #1 Affidavit Affidavit of Service)(Thomas, Gillian) |
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Filing 136
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Paul Stuart Haberman dated 5/17/2011 re: Counsel respectfully request that the Court permit them to serve Reply papers that are no longer than twenty-five (25) double-spaced pages in length as to each of the Plaintiffs. Counsel further respectfully request until June 14, 2011, to file both their opposition to Plaintiff David Mercado's new motion seeking new discovery and a deferral of decision on the summary judgment motion already filed. ENDORSEMENT: The due date of defendants reply paper in further support of their motion for summary judgment is adjourned sine die, Defendants opposition to plaintiffs motion to depose David Freeman will be due on 5/27/11. SO Ordered. (Signed by Magistrate Judge Henry B. Pitman on 5/20/2011) (jfe) Modified on 5/20/2011 (jfe).
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| Filing 135 RULE 56.1 STATEMENT. Document filed by Frank Mercado. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51)(Stoll, Andrew) |
| Filing 134 FIRST MEMORANDUM OF LAW in Opposition re: #111 MOTION for Summary Judgment., #115 FIRST MOTION for Summary Judgment.. Document filed by Frank Mercado. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51)(Stoll, Andrew) |
| Filing 133 DECLARATION of Andrew B. Stoll in Opposition re: #111 MOTION for Summary Judgment., #115 FIRST MOTION for Summary Judgment.. Document filed by Frank Mercado. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51)(Stoll, Andrew) |
| Filing 132 RULE 56.1 STATEMENT. Document filed by Frank Mercado. (Attachments: #1 Exhibit 1- Arraignment Transcript, #2 Exhibit 2- Memorandum to Delay Summary Judgment Decision, #3 Exhibit 3- Request for Mental health Evaluation, #4 Exhibit 4- Securing Order, #5 Exhibit 5- First Mental Health Referral, #6 Exhibit 6- Suicide Prevention Screening Sheet, #7 Exhibit 7- Clinic Intake, #8 Exhibit 8- Consultation Request, #9 Exhibit 9- Carridis Affidavit, #10 Exhibit 10-Carridis Statement, #11 Exhibit 11- Dr. Park Deposition, #12 Exhibit 12- Second Mental Health Referral, #13 Exhibit 13- Reyes Reports, #14 Exhibit 14- Reyes Deposition, #15 Exhibit 15- Davis Deposition, #16 Exhibit 16- Holt Deposition, #17 Exhibit 17- Nyame Deposition, #18 Exhibit 18- Mental Health Intake Form, #19 Exhibit 19- Transfer Form, #20 Exhibit 20- Nyame Progress Note, #21 Exhibit 21- Jones Deposition, #22 Exhibit 22- Burns Deposition, #23 Exhibit 23- Burns Affidavit, #24 Exhibit 24- Burns Expert Report, #25 Exhibit 25- Goldbourne Deposition, #26 Exhibit Keenan Lewis Statement, #27 Exhibit Mental Health Policy #16, #28 Exhibit 28- Hershberger Deposition, #29 Exhibit Glick Deposition, #30 Exhibit Board of Correction Minutes, #31 Exhibit Jones Memo, #32 Exhibit New York Times Articles, #33 Exhibit Prior NYSCOC Reports, #34 Exhibit Commission of Correction Report, #35 Exhibit 35-Manetti Deposition, #36 Exhibit 36-Lindsay Hayes Report, #37 Exhibit 37-Muhammad Report, #38 Exhibit 38- Nassar Deposition, #39 Exhibit 39- Glick Memo to Nyame, #40 Exhibit 40- Glick Memo to jones, #41 Exhibit 41- PHS- New York City Contract, #42 Exhibit 42- Peer Review Absence, #43 Exhibit 43- Peer Reveiw Absence, #44 Exhibit Staffing Matrixes, #45 Exhibit Ray Deposition, #46 Exhibit Staffing Matrixes, #47 Exhibit Sinkov Rule 56.1, #48 Exhibit DOC Investigation, #49 Exhibit Goldbourne Interdepartmental Memorandum, #50 Exhibit PHS- NYC Contract, #51 Exhibit Angel Ogando Statement)(Stoll, Andrew) |
| Filing 131 CERTIFICATE OF SERVICE of Plaintiff Evelyn Mercado's Opposition to Defendants' Motions for Summary Judgment served on Frank Mercado, City of New York, Prison Health Services, Inc., PHS Medical Services, PC, Simflex Nyame, Patricia Jones, Officer Ronald Goldbourne on May 13, 2011. Service was made by Mail. Document filed by Evelyn Mercado. (Meenan, Colleen) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Andrew Brian Stoll to RE-FILE Document #125 Declaration in Opposition to Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db) |
| Filing 130 DECLARATION of Colleen M. Meenan in Opposition re: #111 MOTION for Summary Judgment., #115 FIRST MOTION for Summary Judgment.. Document filed by Evelyn Mercado. (Attachments: #1 Exhibit Bail Bond Records of Plaintiff Evelyn Mercado For David Mercado)(Meenan, Colleen) |
| Filing 129 COUNTER STATEMENT TO #118 Rule 56.1 Statement. Document filed by Evelyn Mercado. (Meenan, Colleen) |
| Filing 128 COUNTER STATEMENT TO #113 Rule 56.1 Statement. Document filed by Evelyn Mercado. (Meenan, Colleen) |
| Filing 127 RULE 56.1 STATEMENT. Document filed by Evelyn Mercado. (Meenan, Colleen) |
| Filing 126 MEMORANDUM OF LAW in Opposition re: #111 MOTION for Summary Judgment., #115 FIRST MOTION for Summary Judgment.. Document filed by Frank Mercado. (Attachments: #1 Exhibit Bail Bond Records of Plaintiff Evelyn Mercado)(Meenan, Colleen) |
| Filing 125 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of STATEMENT OF MATERIAL FACTS SUBMITTED BY FRANKL MERCADO in Opposition re: #111 MOTION for Summary Judgment. #115 FIRST MOTION for Summary Judgment. Document filed by Frank Mercado. (Stoll, Andrew) Modified on 5/16/2011 (db). |
| Filing 124 FIRST MEMORANDUM OF LAW in Support re: #123 FIRST MOTION to Take Deposition from David Friedman and Defer Decision of Summary Judgment, Pursuant to Rule 56(d)(2). See Declaration of Andrew Stoll- and Exhibits Appended to Plaintiff Frank Mercado's Memorandum of Law in Opposition to Summary Judgment. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 123 FIRST MOTION to Take Deposition from David Friedman and Defer Decision of Summary Judgment, Pursuant to Rule 56(d)(2). Document filed by Frank Mercado.(Stoll, Andrew) |
| Filing 122 DECLARATION of Andrew B. Stoll in Opposition re: #111 MOTION for Summary Judgment., #115 FIRST MOTION for Summary Judgment.. Document filed by Frank Mercado. (Attachments: #1 Exhibit EXHIBITS ARE ATTACHED TO PLAINTIFF FRANK MERCADO'S MEMORANDUM OF LAW IN OPPOSITION TO SUMMARY JUDGMENT)(Stoll, Andrew) |
| Filing 121 FIRST MEMORANDUM OF LAW in Opposition re: #111 MOTION for Summary Judgment., #115 FIRST MOTION for Summary Judgment.. Document filed by Frank Mercado. (Attachments: #1 Exhibit 1- Arraignment Transcript, #2 Exhibit 2- Memorandum to Delay Summary Judgment Decision, #3 Exhibit 3- Request for Mental health Evaluation, #4 Exhibit 4- Securing Order, #5 Exhibit 5- First Mental Health Referral, #6 Exhibit 6- Suicide Prevention Screening Sheet, #7 Exhibit 7- Clinic Intake, #8 Exhibit 8- Consultation Request, #9 Exhibit 9- Carridis Affidavit, #10 Exhibit 10-Carridis Statement, #11 Exhibit 11- Dr. Park Deposition, #12 Exhibit 12- Second Mental Health Referral, #13 Exhibit 13- Reyes Reports, #14 Exhibit 14- Reyes Deposition, #15 Exhibit 15- Davis Deposition, #16 Exhibit 16- Holt Deposition, #17 Exhibit 17- Nyame Deposition, #18 Exhibit 18- Mental Health Intake Form, #19 Exhibit 19- Transfer Form, #20 Exhibit 20- Nyame Progress Note, #21 Exhibit 21- Jones Deposition, #22 Exhibit 22- Burns Deposition, #23 Exhibit 23- Burns Affidavit, #24 Exhibit 24- Burns Expert Report, #25 Exhibit 25- Goldbourne Deposition, #26 Exhibit Keenan Lewis Statement, #27 Exhibit Mental Health Policy #16, #28 Exhibit 28- Hershberger Deposition, #29 Exhibit Glick Deposition, #30 Exhibit Board of Correction Minutes, #31 Exhibit Jones Memo, #32 Exhibit New York Times Articles, #33 Exhibit Prior NYSCOC Reports, #34 Exhibit Commission of Correction Report, #35 Exhibit 35-Manetti Deposition, #36 Exhibit 36-Lindsay Hayes Report, #37 Exhibit 37-Muhammad Report, #38 Exhibit 38- Nassar Deposition, #39 Exhibit 39- Glick Memo to Nyame, #40 Exhibit 40- Glick Memo to jones, #41 Exhibit 41- PHS- New York City Contract, #42 Exhibit 42- Peer Review Absence, #43 Exhibit 43- Peer Reveiw Absence, #44 Exhibit Staffing Matrixes, #45 Exhibit Ray Deposition, #46 Exhibit Staffing Matrixes, #47 Exhibit Sinkov Rule 56.1, #48 Exhibit DOC Investigation, #49 Exhibit Goldbourne Interdepartmental Memorandum, #50 Exhibit PHS- NYC Contract, #51 Exhibit Angel Ogando Statement)(Stoll, Andrew) |
| Filing 120 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Andrew B. Stoll dated 5/5/11 re: Plaintiff's counsel writes to request a resubmission for a one week extension of the deadline to submit answer to defendants' summary judgment motions: the original due date was April 29th, the Court extended that to May 6; I am requesting another extension, to May 13, with all counsel's consent. ENDORSEMENT: Application Granted. ( Responses due by 5/13/2011) (Signed by Magistrate Judge Henry B. Pitman on 5/5/11) (laq) |
| Filing 119 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Andrew Stoll dated 4/20/11 re: Request to enlarge the page limit to 75 to answer to defendants' summary judgment motion and to be filed 5/6/11. ENDORSEMENT: Application granted. Response to summary judgment motion due 5/6/11. Page limit extended to 75 pages. Set Deadlines/Hearing as to #111 MOTION for Summary Judgment. #115 FIRST MOTION for Summary Judgment. ( Response due by 5/6/2011) (Signed by Judge Barbara S. Jones on 4/21/11) (cd) |
| Filing 118 RULE 56.1 STATEMENT. Document filed by Patricia T. Jones. (Eison, Howard) |
| Filing 117 FIRST MEMORANDUM OF LAW in Support re: #115 FIRST MOTION for Summary Judgment.. Document filed by Patricia T. Jones. (Attachments: #1 Appendix Mayo v. County of Albany, #2 Appendix White v. Rosenberg)(Eison, Howard) |
| Filing 116 DECLARATION of Howard Eison in Support re: #115 FIRST MOTION for Summary Judgment.. Document filed by Patricia T. Jones. (Attachments: #1 Exhibit transcript excerpts, #2 Exhibit Dr. David's report, #3 Exhibit transcript excerpts)(Eison, Howard) |
| Filing 115 FIRST MOTION for Summary Judgment. Document filed by Patricia T. Jones. Responses due by 4/29/2011(Eison, Howard) |
| Filing 114 MEMORANDUM OF LAW in Support re: #111 MOTION for Summary Judgment.. Document filed by Ronald Golbourne, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Attachments: #1 Affidavit Affidavit of Service)(Haberman, Paul) |
| Filing 113 RULE 56.1 STATEMENT. Document filed by Ronald Golbourne, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Attachments: #1 Affidavit Affidavit of Service)(Haberman, Paul) |
| Filing 112 DECLARATION of Paul Stuart Haberman in Support re: #111 MOTION for Summary Judgment.. Document filed by Ronald Golbourne, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. (Attachments: #1 Affidavit Affidavit of Service)(Haberman, Paul) |
| Filing 111 MOTION for Summary Judgment. Document filed by Ronald Golbourne, Simflex Nyame, PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York. Responses due by 4/29/2011(Haberman, Paul) |
| Filing 110 NOTICE OF CHANGE OF ADDRESS by Andrew Brian Stoll on behalf of Frank Mercado. New Address: Stoll, Glickman & Bellina, LLP, 475 Atlantic Avenue, 3rd Fl, Brooklyn, NY, 11217, (718) 852-3710. (Stoll, Andrew) |
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Filing 109
ENDORSED LETTER: addressed to Magistrate Judge Henry B. Pitman from Paul Stuart Haberman dated 2/2/2011 re: Counsel for defendant request that the Court permit us to file a memorandum of law that is no longer than seventy-five (75) double-spaced pages in length. ENDORSEMENT: Leave to file a 50-page memo of law is granted. The memo is to be in 12 point (text and footnotes), Double-spaced, with 1-inch margins on each back of the page. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 2/11/2011) (js)
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Filing 108
AMENDED SCHEDULING ORDER: The following proposed amended scheduling order is adopted: January 3l, 2011 - Deadline for completion of all depositions of expert witnesses with the exception of damage experts. March 15, 2011 - Any party planning to make a dispositive motion shall take the first step in the process by this date. April 29, 2011 - Deadline for the submission of any party's opposition to a dispositive motion. May 31, 2011 or 30 days after the final decision on the dispositive motion whichever comes later - Parties shall conclude all damage expert disclosures, including depositions. June 15, 2011 or 45 days after the final decision on the dipositive motion whichever comes later - Pretrial Order (in the form required by Judge Jones' rules) and any other pretrial submissions as required by Judge Jones' rules. shall be filed. Plaintiffs shall serve a draft of their portion of the Pretrial Order on counsel for defendants no later than fifteen (15) days prior to the Pretrial Order's due date. Motions due by 3/15/2011. Responses due by 4/29/2011 Deposition due by 1/31/2011. Pretrial Order due by 6/15/2011. (Signed by Magistrate Judge Henry B. Pitman on 12/10/2010) (lnl)
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Filing 107
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Andrew B. Stoll, dated 12/6/2010, re: In accordance with your order dated November 24, 2010, the parties propose the following scheduling order, following the format of your November 10, 2010 scheduling order: Dispositive motions, if any, shall be made no later than forty-five (45) days following the conclusion of all expert discovery, i.e., after the last (liability) expert deposition is held. Plaintitfs' expert disclosures on issues related to damages ("damages experts") shall be made no later than thirty (30) days after the final decision on any dispositive motion. Defendants' damages experts' disclosures shall be made no later than forty-five (45) days after plaintiffs' submission of their damages expert disclosures. Depositions of damages experts shall be conducted no later than thirty (30) days after defendants have provided their damages experts' disclosures. The Pretrial order, in the form required by Judge Jones' rules, along with all other pretrial submissions required by Judge Jones's rules, shall be filed on March 15, 2011, or thirty (30) days after the last damages expert's deposition (if the pretrial order is still necessary after such decision), whichever date is later. ENDORSEMENT: Counsel is directed to stubmit a proposed amended scheduling order setting forth specific dates. Counsel is to submit a proposed order, not just a letter suggesting dates. (Signed by Magistrate Judge Henry B. Pitman on 12/6/2010) (lnl)
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Filing 106
ENDORSED LETTER addressed to Magistrate Henry B. Pitman from Colleen M. Meenan dated 11/19/2010 re: Requesting a revision of the present scheduloing order to permit expert damage discovery pursuant to F.R.C.P. 26 after decision on the dispositive motions. ENDORSEMENT: Counsel is directed to submit a proposed amended scheduling order. (Signed by Magistrate Judge Henry B. Pitman on 11/24/2010) (jpo)
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| Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 11/10/2010. Order to follow. (mbe) |
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Filing 105
SCHEDULING ORDER: that 1. Defendant Patricia T. Jones shall make all disclosures required by Fed.R.Civ.P. 26 (a) (2) by December 1, 2010. The depositions of all expert witnesses shall be completed no later than December 31, 2010. 3. Dispositive motions, if any, shall be made no later than forty-five (45) days following the conclusion of all expert discovery, i.e., after the last expert deposition is held. 4. The Pretrial Order, the form required by Judge Jones' rules, along with all other pretrial submissions required by Judge Jones' rules, shall be filed on March 15, 2011, or thirty (30) days after the final decision on any dispositive motion (if the pretrial order is still necessary after such decision), whichever date is later. Plaintiffs shall serve a draft of their portion of the Pretrial Order on counsel for defendants no later than fifteen (15) days prior to the Pretrial Order's due date. For the convenience of all parties, a copy of Judge Jones' rules is available on the Court's website: www.nysd.uscourts.gov. The parties are directed to confer between now and November 19, 2010, regarding whether another settlement conference should be convened. Counsel are to advise me by November 19, 2010, whether they believe another settlement conference is advisable. (Signed by Magistrate Judge Henry B. Pitman on 11/10/2010) Copies Sent By Chambers. (lnl)
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Filing 104
OPINION AND ORDER. #99499 I find that a conflict of interest exists in Corporation Counsel's concurrent representation of Jones on the one hand and Nyame and Goldbourne on the other. Unless Jones, Nyame and Goldbourne all submit affidavits waiving their rights to assert the contradictory defenses described herein within 20 days, Corporation Counsel is disqualified from representing Jones. Alternatively, Corporation Counsel can continue to represent Jones if, within 20 days, it certifies to the Court that it no longer represents the other defendants and has relinquished all oversight and control with respect to the representation of the other defendants. (Signed by Magistrate Judge Henry B. Pitman on 9/30/10) Copies transmitted By Chambers. (rjm) Modified on 10/1/2010 (ajc).
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| Filing 103 ANSWER to Amended Complaint with JURY DEMAND. Document filed by PHS Medical Services, P.C.. Related document: #95 Amended Complaint, filed by Evelyn Mercado, Frank Mercado. (Attachments: #1 Demand for Trial by Jury, #2 Affidavit of Service)(Thomas, Gillian) |
| Filing 102 TRANSCRIPT of proceedings held on June 11, 2010 10:05 a.m. before Magistrate Judge Henry B. Pitman. (ajc) |
| Filing 101 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Patricia T. Jones. Related document: #95 Amended Complaint, filed by Evelyn Mercado, Frank Mercado.(Eison, Howard) |
| Filing 100 AFFIDAVIT OF SERVICE. PHS Medical Services, P.C. served on 6/18/2010, answer due 7/9/2010. Service was accepted by Donna Christie. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 99 ANSWER to Amended Complaint with JURY DEMAND. Document filed by The City of New York. Related document: #95 Amended Complaint, filed by Evelyn Mercado, Frank Mercado.(Thomas, Gillian) |
| Filing 98 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Prison Health Services, Inc.. Related document: #95 Amended Complaint, filed by Evelyn Mercado, Frank Mercado.(Thomas, Gillian) |
| Filing 97 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Simflex Nyame. Related document: #95 Amended Complaint, filed by Evelyn Mercado, Frank Mercado.(Thomas, Gillian) |
| Filing 96 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Ronald Golbourne. Related document: #95 Amended Complaint, filed by Evelyn Mercado, Frank Mercado.(Thomas, Gillian) |
| Filing 95 THIRD AMENDED COMPLAINT amending #27 Amended Complaint,, against PHS Medical Services, P.C., Prison Health Services, Inc., The City of New York, Simflex Nyame, Patricia T. Jones, Ronald Golbourne.Document filed by Frank Mercado, Evelyn Mercado. Related document: #27 Amended Complaint filed by Evelyn Mercado, Frank Mercado.(mro) (mro). |
| SUMMONS ISSUED as to Prison Health Services, Inc., PHS Medical Services, P.C., The City of New York, Simflex Nyame, Patricia T. Jones, Ronald Golbourne. (mro) |
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Filing 94
ORDER granting in part and denying in part #90 Motion to Amend/Correct. Plaintiffs' motion is granted to the extent that plaintiff seeks to add and assert claims against PHS Medical Services, PC. It is further ORDERED that the motion is denied to the extent plaintiffs seek to add and assert claims against Mary Manetti. Plaintiffs may serve and file the draft of the third amended complaint they submitted with their motion provided that the references to Mary Manetti are removed. The Clerk of the Court is directed to mark Docket Item 90 as closed. (Signed by Magistrate Judge Henry B. Pitman on 6/11/2010) Copies Transmitted By Chambers. (tro)
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| Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Motion Hearing held on 6/11/2010. The motion to amend the complaint is granted as to PHS Medical and denied as to Ms. Minetti. (mro) |
| Filing 93 FIRST REPLY MEMORANDUM OF LAW in Support re: #90 FIRST MOTION to Amend/Correct Complaint.. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 92 MEMORANDUM OF LAW in Opposition re: #90 FIRST MOTION to Amend/Correct Complaint. Memorandum of Law on Behalf of all Defendants Except Patricia Jones in Opposition to Plaintiff's Motion to Amend Complaint. Document filed by James Capoziello, Benjamin Okonta, Prison Health Services, Inc., Frank Mercado, Evelyn Mercado, The City of New York, Martin F. Horn, John Doe, Prison Health Services, Inc., Michael Catalano, Thomas R. Frieden, Louise Cohen, Simflex Nyame, Carmela Brignone, Karen Fields, V. Clark, Trevor Parks, Ronald Golbourne, Rebecca Pinney. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Affidavit Affidavit of Service)(Devlin, Austa) |
| Filing 91 MEMORANDUM OF LAW in Support re: #90 FIRST MOTION to Amend/Correct Complaint.. Document filed by Frank Mercado, Evelyn Mercado. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Stoll, Andrew) |
| Filing 90 FIRST MOTION to Amend/Correct Complaint. Document filed by Frank Mercado, Evelyn Mercado.(Stoll, Andrew) |
| Filing 89 NOTICE of Motion. Document filed by Frank Mercado, Evelyn Mercado. (Stoll, Andrew) |
| Filing 88 AFFIDAVIT OF SERVICE of Motion for Leave to Amend Complaint served on THE CITY OF NEW YORK, DEPARTMENT OF CORRECTION COMMISSIONER MARTIN F. HORN, PRISON HEALTH SERVICES, INC., MICHAEL CATALANO, C.E.O. OF PRISON HEALTH SERVICES, INC., TREVOR PARKS, REBECCA PINNEY, DEPARTMENT OF HEALTH AND MENTAL HYGIENE COMMISIONER DR. THOMAS R. FRIEDEN, DEPARTMENT OF HEALTH AND MENTAL HYGIENE DEPUTY COMMISSIONER LOUISE COHEN, SIMFLEX NYAME, CORRECTION OFFICER CARMELA BRIGNONE, SHIELD #11530, CORRECTION OFFICER KAREN FIELDS, SHIELD #17301, CORRECTION OFFICER V. CLARK, SHIELD #10059, CORRECTION OFFICER RONALD GOLBOURNE, SHIELD #8172 on 5/28/2010. Service was accepted by Ivan Ledee. Document filed by Frank Mercado, Evelyn Mercado. (Stoll, Andrew) |
| Filing 87 AFFIDAVIT OF SERVICE of Motion for Leave to Amend Complaint served on Patricia Jones on 5/28/2010. Service was accepted by Dmitry Aronov. Document filed by Frank Mercado, Evelyn Mercado. (Stoll, Andrew) |
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Filing 86
ORDER: Plaintiff to serve and file Motion to amend the complaint by 5/28/2010 in such a manner that it is in the physical possession of defendants' counsel no later than 5:00 p.m. on 5/28/2010. Defendants to serve and file their opposition by 6/4/2010. (Signed by Magistrate Judge Henry B. Pitman on 5/24/2010) (jar)
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Filing 85
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Andrew B. Stoll dated 5/15/2010 re: Counsel writes to renew their request to amend the complaint to add defendants. ENDORSEMENT: Counsel for plaintiffs is directed to promptly provide a copy of the proposed amended complaint to counsel for the existing defendants and to advise me whether defendants consent to the filing of a third amended complaint, subject, of course, to defendants' rights to assert any defense available to them and to make any motion available under Fed.R.Civ.P. 12(b) or any other provision of the Federal Rules of Civil Procedure. If counsel for defendants do not consent to the filing of a third amended complaint, counsel for plaintiffs must promptly make a motion to amend the complaint. If we need to proceed with motion practice, the motion will have to briefed on an expedited schedule in order to permit its resolution by June 19, 2010. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 5/19/2010) Copies Mailed By Chambers.(jfe)
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Filing 84
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Howard Eison dated 3/18/2010 re: Defendant Jones request to extend her time respond to expert discovery until after a decision is issued on plaintiffs disqualification motion. ENDORSEMENT: Johns time to response to expert discovery is extended to 30 days after resolution of the motion to disqualification. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 4/23/2010) (jmi)
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| Filing 83 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Howard Eison dated 3/15/10 re: I am an Assistant Corporation Counsel who has been assigned to represent defendant Patricia Jones. At this time I am requesting an extension of time to provide expert disclosure beyond March 16, 2010. ENDORSEMENT: Counsel is directed to confer with plaintiff's counsel and advise if he consents to the request. (Signed by Magistrate Judge Henry B. Pitman on 3/16/10) (rjm) |
| Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Motion Hearing held on 2/24/2010. Decision on motion to disqualify reserved. (mro) |
| Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 2/23/2010. (mro) |
| Filing 82 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Austa S. Devlin dated 2/8/2010 re: Requesting an extension of four weeks to complete our expert disclosure. ENDORSEMENT: The application for an extension of time to complete expert disclosure is granted. (Signed by Magistrate Judge Henry B. Pitman on 2/16/2010) (jpo) |
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Filing 81
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Austa S. Devlin dated 2/8/2010 re: As you know, by letter dated February 2, 2010, I requested an extension of four weeks to complete our expert disclosure, from the original February 16, 2010 date. Pursuant to your request by endorsed letter, please be advised that all counsel have consented to a four-week extension of time for defendant's expert disclosure. ENDORSEMENT: The Extension Request Herein Is Granted. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 2/8/2010) (jmi)
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| Filing 80 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Austa Devlin dated 2/2/10 re: Request that the deadline for expert discovery be extended for a minimum of four weeks. ENDORSEMENT: Ms. Devlin is directed to consult with counsel for all other parties and advise, whether they consent to the application. (Signed by Magistrate Judge Henry B. Pitman on 2/5/10) (cd) |
| Filing 79 FIRST REPLY MEMORANDUM OF LAW in Support re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Frank Mercado, Evelyn Mercado. (Stoll, Andrew) |
| Filing 78 AMENDED MEMORANDUM OF LAW in Opposition re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Patricia T. Jones. (Newman, Mordecai) |
| Filing 77 NOTICE OF APPEARANCE by Mordecai Newman on behalf of Patricia T. Jones (Newman, Mordecai) |
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Filing 76
ENDORSEMENT: accordance with the schedule set forth in Fed.R.Civ.P. 31(a)(5).The Commission of Correction may provide its sworn answers in written form; it need not answer the questions before a court reporter. This Order is without prejudice to any party's right to seek further relief should the record resulting from the deposition on written questions be inadequate Plaintiff's application to depose the New York State Commission of Correction by written questions is granted. In the absence of an agreement to the contrary, counsel are directed to serve their questions, cross, re-direct an re-cross questions in (Signed by Magistrate Judge Henry B. Pitman on 1/14/09) Copies Transmitted.(js)
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| Filing 75 DECLARATION of Patricia Jones in Opposition re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Patricia T. Jones. (Muschenheim, Mark) |
| Filing 74 MEMORANDUM OF LAW in Opposition re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Patricia T. Jones. (Muschenheim, Mark) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Green to RE-FILE Document #71 Memorandum of Law in Opposition to Motion. ERROR(S): Attorney signature or "s/" missing from document. (jar) |
| Filing 73 MEMORANDUM OF LAW in Opposition re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Prison Health Services, Inc., The City of New York, Simflex Nyame, Ronald Golbourne. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet 6, #7 Exhibit 7, #8 Errata 8, #9 Errata 9, #10 Exhibit 10, #11 Exhibit 11)(Devlin, Austa) |
| Filing 72 DECLARATION of Austa S. Devlin, Esq. in Support re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Prison Health Services, Inc., The City of New York, Simflex Nyame, Ronald Golbourne. (Devlin, Austa) |
| Filing 71 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MEMORANDUM OF LAW in Opposition re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Prison Health Services, Inc., The City of New York, Martin F. Horn, Michael Catalano, Thomas R. Frieden, Louise Cohen, Simflex Nyame, Patricia T. Jones, Carmela Brignone, Karen Fields, V. Clark, Trevor Parks, Ronald Golbourne, Rebecca Pinney. (Muschenheim, Mark) Modified on 1/12/2010 (jar). |
| Filing 70 NOTICE OF APPEARANCE by Mark W. Muschenheim on behalf of Prison Health Services, Inc., The City of New York, Martin F. Horn, Michael Catalano, Thomas R. Frieden, Louise Cohen, Simflex Nyame, Patricia T. Jones, Carmela Brignone, Karen Fields, V. Clark, Trevor Parks, Ronald Golbourne, Rebecca Pinney (Muschenheim, Mark) |
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Filing 69
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Austa S. Devlin dated 1/5/10 re: We need clarification, however, of all the remaining dates which had been set in the Court's Order on November 5, 2009, with regard to the briefing schedule, oral argument, and outstanding discovery, and for simplicity sake, we would suggest that all the dates set therein simply be adjourned for one month. ENDORSEMENT: The briefing schedule proposed herein with respect to the motion to disqualify is approved. The application to adjourn all other dates set in my 11/5/09 order is denied because counsel offered no reason to adjourn those dates. Those other dates were always clearly established. (Signed by Magistrate Judge Henry B. Pitman on 1/7/10) (rjm)
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| Filing 68 SUBPOENA ISSUED for NYS Commission of Correction on 1/4/2009 at 9:30 am.Document filed by Frank Mercado.(Stoll, Andrew) |
| Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Status Conference held on 12/9/2009 at 3:00 pm the parties are directed to continue settlement talks on their own. They may contact chambers if their numbers are closer and they feel a settlement conference may be helpful. (mbe) |
| Filing 67 ENDORSED LETTER addressed to Judge Henry B. Pitman from Austa S. Devlin dated 12/3/2009 re: Requesting that the Court schedule a settlement conference. ENDORSEMENT: The time for defendants to submit their opposition to the motion to disqualify is extended to 1/11/2010. (Signed by Magistrate Judge Henry B. Pitman on 12/3/2009) (jpo) |
| Filing 66 DECLARATION of Andrew B. Stoll in Support re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Frank Mercado, Evelyn Mercado. (Attachments: #1 Exhibit 13.2 Second Corrected Patricia Jones Deposition Excerpt)(Stoll, Andrew) |
| Filing 65 DECLARATION of Andrew B. Stoll in Support re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Frank Mercado, Evelyn Mercado. (Attachments: #1 Exhibit Exhibit 13.1- Amended Patricia Jones Deposition Excerpts- Please substitute for original Exhibit 13)(Stoll, Andrew) |
| Filing 64 FILING ERROR - DUPLICATED DOCKET ENTRY - DECLARATION of Andrew B. Stoll in Support re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Frank Mercado, Simflex Nyame. (Stoll, Andrew) Modified on 11/23/2009 (jar). |
| Filing 63 FIRST MEMORANDUM OF LAW in Support re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Frank Mercado, Evelyn Mercado. (Attachments: #1 Exhibit Arraignment Transcript, #2 Exhibit Criminal Court Order, #3 Exhibit Movement Card, #4 Exhibit Captain Muhammed Documents, #5 Exhibit Intake Medical Record, #6 Exhibit Park Mental Health Referral, #7 Exhibit Simflex Nyame Deposition, #8 Exhibit Mental Health Policy #16, #9 Exhibit Jason Hershberger Deposition, #10 Exhibit Dr. Kathryn Burns Expert Report, #11 Exhibit Nyame Evaluation, #12 Exhibit Transfer Form, #13 Exhibit Patricia Jones Deposition, #14 Exhibit Exhibit 14- 2nd Mental Health Referral, #15 Exhibit Goldbourne Deposition, #16 Exhibit Dr. Alvin Glick Deposition, #17 Exhibit Jones License, #18 Exhibit Sample Department of Health Profile, #19 Exhibit Nyame Review, #20 Exhibit Jones Review, #21 Exhibit Board of Correction Minutes, #22 Exhibit Mercado Commission of Correction Report, #23 Exhibit Prior NYSCOC Reports, #24 Exhibit Jones Statement, #25 Exhibit PHS Contract, #26 Exhibit Quarterly Peer Reviews, #27 Exhibit July 13, 2009 Transcript, #28 Exhibit Dr. Yungdo Park Deposition, #29 Exhibit Investigations Division Report, #30 Exhibit Goldbourne Statement, #31 Exhibit July 15, 2009 Court Order)(Stoll, Andrew) |
| Filing 62 DECLARATION of Andrew B. Stoll in Support re: #61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP.. Document filed by Frank Mercado, Evelyn Mercado. (Stoll, Andrew) |
| Filing 61 FIRST MOTION to Disqualify Counsel Corporation Counsel of the City of New York, Heidell, Pittoni, Murphy & Bach, LLP. Document filed by Frank Mercado, Evelyn Mercado.(Stoll, Andrew) |
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Filing 60
ENDORSED LETTER: addressed to Magistrate Judge Henry B. Pitman from Andrew B. Stoll dated 11/13/09. re: This letter is a simple request for the Court to order Assistant Corporation Counsel Howard Eison to file a notice of appearance in the matter if he is, in fact currently representing defendant Patricia Jones, since he has appeared on her behalf at a deposition and the last court conference. ENDORSEMENT: In light of Mr. Eison's 11/17/09 letter (copy attached), it appears that the issues raised in their letter are moot. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 11/17/09) (js)
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| Filing 59 NOTICE OF APPEARANCE by Howard Eison on behalf of Patricia T. Jones (Eison, Howard) |
| Filing 58 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Ronald Golbourne. Related document: #27 Amended Complaint,, filed by Evelyn Mercado, Frank Mercado. (Attachments: #1 Affidavit of Service)(Haberman, Paul) |
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Filing 57
ORDER: 1. Defendants are directed to comply in full withparagraph 2 of my July 15, 2009 Order no later than November 11, 2009. Defendants' application to limitthe time period for which performance audits are to be produced is denied. Defendants did not request any temporal limit when the matter was first raised on July 13, 2009, and the time for a motion to reconsider my July 15, 2009 Order is long passed. Because defendants never timely sought a temporal limitation on the documents to be produced, this objection is waived. Because this is the second time I have ordered production of these documents, a further unjustified failure to produce the documents will result in the imposition ofsanctions. Given that the documents were ordered produced more than three months ago, the press of other business -- on either defendants' counsel or on the defendants themselves -- does not constitute a justification for further delay. 2. Plaintiffs' application for an extension of time to complete service on Fields is granted; plaintiffs are granted until November 18, 2009 to completeservice on Fields. Plaintiffs' time to complete service on Goldbourne is extended nunc pro tunc to November 4, 2009.3. Plaintiffs' application to take additional depositions beyond the presumptive limit of ten (10) is denied with respect to Martin Horn and Rebeccah Pinney; plaintiffs' application is granted with respect to their request to depose the New York State Commission of Correction ("NYSCC") pursuant to FRCP 30(b)(6). Any 30(b)(6) deposition of the NYSCC shall be limited to the topics identified in the attachment to plaintiffs' July 24, 2009 letter. The Order is without prejudice to any objection the NYSCC may assert in response to any notice of deposition served upon it. 4. All fact discovery is to be completed no later than January 15, 2010. 5. Plaintiffs shall make or supplement their Rule 26(a)(2) disclosures with respect to experts on liability issues no later than January 15, 2009.6. Defendants shall make their Rule 26(a)(2) disclosures on liability issues no later than February 16, 2009. 7. Plaintiffs shall serve and file their disqualification motion no later than November 20, 2009. Defendants shall serve and file their opposition no later than December 11, 2009. Plaintiffs shall serve and file their reply no later than December 21, 2009. All papers shall be served in a manner such that they are received by the adverse party on the date indicated. I strongly suggest that counsel on both sides consent to service by fax or e-mail. Oral argument on the motion will be held on January 8, 2010 at 2:00 p.m. in Courtroom 18A, United States Courthouse, 500 Pearl Street, New York, New York 10007.8. The parties' contemplated motions to amend the complaint, for sanctions and for summary judgment are stayed pending resolution of the motion to disqualify. 9. Defendants' application to adjourn all remainingdepositions until the motion to disqualify is resolved is denied. (Discovery due by 1/15/2010. Motions due by 11/20/2009. Replies due by 12/21/2009. Responses due by 12/11/2009. Rule 26(a)(2) Initial Disclosures due by 2/16/2010. Service due by 11/18/2009. Oral Argument set for 1/8/2010 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (Signed by Magistrate Judge Henry B. Pitman on 11/5/09) (db)
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Filing 56
ORDER.... I have reviewed each of the reports the Commission has submitted. Given the relatively minor and largely non-personal references to the decedents' mental health issues, I find that the interests of justice do warrant disclosure of the unredacted report to counsel. In order to minimize the burden on the Commission, which is a non-party, and its counsel, counsel for plaintiff may pick up the review copies from my chambers; plaintiff's counsel is directed to contact my Deputy, Mr. Bruce Hampton ((212) 805-6112) to arrange a date and time for counsel to pick p the reports. He is directed to provide copies to counsel for all other parties. (Signed by Magistrate Judge Henry B. Pitman on 10/29/09) Copies sent by chambers.(cd)
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Filing 55
ORDER that no later than 8/10/09, counsel for defendants is to advise whether he consents or objects to the additional witnesses identified by plaintiffs. By letter dated 7/29/09, counsel for plaintiffs asserts that there is a relatively minor inconsistency between my oral rulings on 7/13/09 and my Order dated 7/5/09. If counsel wishes to pursue the matter, counsel is directed to either submit the relevant passage of the transcript or to make arrangements with my staff to review the recording of the conference and locate the relevant passage. (Signed by Magistrate Judge Henry B. Pitman on 7/15/09) Copies sent by chambers.(dle)
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Filing 54
STIPULATION AND ORDER. It is hereby stipulated and agreed that defendants Carmela Brignone, Vera Clarke, Patricia T. Jones, and Simflex Nyame, by their attorneys, Heidell, Pittoni, Murphy & Bach, LLP, of Counsel to Michael A. Cardozo, Esq., Corporation counsel of the City of New York, hereby withdraw their defense that "the court does not have jurisdiction of the person of the defendant because defendant was not properly served with a copy of the summons and complaint" as set forth in defendants' Answers dated April 3, 2009. (Signed by Magistrate Judge Henry B. Pitman on 7/17/09) (djc)
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Filing 53
ORDER; No later than July 27, 2009, defendants are to produce the documents as set forth herein. Plaintiffs' application to compel production of training materials is denied with out prejudice to renewal.Plaintiff's application to compel production of contracts between Trevor Parks and PHS, Inc., and PHS Medical Services, P.C. is withdrawn without prejudice to renewal. Plaintiff's application to produce documentation concerning Angel Ogando's presence at the mental health clinic is denied without prejudice to renewal after production of the Mental Health Clinic Logbook.Plaintiffs' application to compel production of Simflex Nyame and Patricia Jones' quarterly reviews is denied. Plaintiffs' application to compel production of the Suicide Watch Facility Report and the Daily Mental Health Report is denied without prejudice. Defendants' counsel is, however, directed to review these documents for December 19-20, 2007 and confer with plaintiffs' counsel regarding this request by July 27, 2009 in an effort to resolve the dispute concerning these documents amicably. If plaintiffs wish to amend their complaint, they are directed to seek leave to do so by way of formal motion. NO later than July 27, 2009, defendants' counsel is to advise me whether defendants object to plaintiffs' request for an extension of time to serve Goldbourne and Fields and, if so, why. No later than August 3, 2009, counsel for defendants is to provide counsel for plaintiffs with firm dates for the outstanding party depositions. (Signed by Magistrate Judge Henry B. Pitman on 7/15/09) copies mailed by Chambers.(djc)
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| Filing 52 AFFIDAVIT OF SERVICE of Summons and Complaint served on Correction Officer Ronald Goldbourne on 3/4/09. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 51 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Wesley E. Bauman dated 6/1/09 re: Counsel for the New York State Commission of Correction write in connection with its receipt of a subpoena from plaintiff's counsel in this action. ENDORSEMENT: THE NEW YORK STATE COMMISSION OF CORRECTION IS DIRECTED TO COMPLY WITH PLAINTIFF'S SUBPOENA. (Signed by Magistrate Judge Henry B. Pitman on 6/3/09) (tro) |
| Filing 50 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Andrew B. Stoll dated 6/1/09 re: counsel for plaintiff requests the following schedule: All fact discovery shall be completed by 8/28/09; plaintiff shall produce all materials required by Rule 26(a)(2) of the FRCP concerning all matter other than damages no later than 8/28/09. Depositions of expert witnesses concerning matters other than damages shall be completed no later than 10/23/09; dispositive motions shall be served and filed by 11/13/09. ENDORSEMENT: Application granted. The schedule set forth herein is final. No further extensions. (Signed by Magistrate Judge Henry B. Pitman on 6/1/09) (dle) |
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Filing 49
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Andrew B. Stoll dated 5/19/09 re: that in the event the Court considers this to be an application that is encompassed by Local Rule 6.3, and the Court denies this application, plaintiff respectfully requests an opportunity to formally move for reconsideration. ENDORSEMENT: counsel is directed to submit a proposed final scheduling order. (Signed by Magistrate Judge Henry B. Pitman on 5/22/09) (pl)
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Filing 48
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Andrew B. Stoll dated 5/14/2009 re: request to extend discovery in the case. ENDORSEMENT: Application denied. See order dated 3/6/2009. (Signed by Magistrate Judge Henry B. Pitman on 5/18/2009) (jar)
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| Filing 47 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Simflex Nyame. Related document: #27 Amended Complaint,, filed by Evelyn Mercado, Frank Mercado. (Attachments: #1 Affidavit of Service)(Devlin, Austa) |
| Filing 46 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Patricia T. Jones. Related document: #27 Amended Complaint,, filed by Evelyn Mercado, Frank Mercado. (Attachments: #1 Affidavit of Service)(Devlin, Austa) |
| Filing 45 ANSWER to Amended Complaint with JURY DEMAND. Document filed by V. Clark. (Attachments: #1 Affidavit of Service)(Devlin, Austa) |
| Filing 44 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Carmela Brignone. (Attachments: #1 Affidavit of Service)(Devlin, Austa) |
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Filing 43
ORDER: I hereby find that the interests justice warrant the disclosure of an unredacted copy of the Final Report of the New York State Commission of Correction regarding the death of David Mercado (the "Report") in connection with this action. The Report bears directly on the issues raised by plaintiffs in their complaint. (This Order does not constitute a ruling on its admissibility.) Accordingly, the Commission of Correction is directed to provided unredacted copies of the Report to counsel for the parties in this matter forthwith. (Signed by Magistrate Judge Henry B. Pitman on 3/18/09) (db) Modified on 4/1/2009 (db).
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| Filing 42 SUMMONS RETURNED EXECUTED. Patricia T. Jones served on 3/6/2009, answer due 3/26/2009. Service was accepted by Pamela Grant. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 41 SUMMONS RETURNED EXECUTED. Louise Cohen served on 3/6/2009, answer due 3/26/2009. Service was accepted by Pamela Grant. Document filed by Frank Mercado. (Stoll, Andrew) |
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Filing 40
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Andrew B. Stoll dated 3/3/2009 re: Counsel for plaintiff writes requesting to extend discovery in this case, counsel for all parties consent to this request. The amended schedule would be as follows: All fact discovery shall be completed on 5/22/2009; Plaintiff shall produce all materials required by Rule 26(a)(2) of the F.R.C.P. concerning all matters other than damages no later than 5/22/2009; Defendant shall produce all materials required by Rule 26(a)(2) of the F.R.C.P. concerning all matters other than damages no later than 7/24/2009; Depositions of expert witnesses concerning matters other than damages completed no later than 7/24/2009; and Dispositive motions shall be served and filed by 8/18/2009. ENDORSEMENT: APPLICATION GRANTED. No further extensions except for good cause shown by affidavit. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 3/6/2009) (tve)
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| Filing 39 SUMMONS RETURNED EXECUTED. Carmela Brignone served on 3/4/2009, answer due 3/24/2009. Service was accepted by Sandy Diaz Human Resources Secretary. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 38 SUMMONS RETURNED EXECUTED. V. Clark served on 3/4/2009, answer due 3/24/2009. Service was accepted by Sandy Diaz- Human Resource Secretary. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 37 SUMMONS RETURNED EXECUTED. Simflex Nyame served on 3/4/2009, answer due 3/24/2009. Service was accepted by Sandy Diaz Human Resources Secretary. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 36 ANSWER to Complaint with JURY DEMAND. Document filed by Thomas R. Frieden.(Devlin, Austa) |
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Filing 35
ORDER: Since it appears that plaintiff's counsel has never subpoenaed the Commission of Correction, this Court has no jurisdiction to issue an Order to the Commission. If plaintiff has, in fact, subpoenaed the Commission, he should submit a revised application attaching a copy of the subpoena. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 2/17/2009) (tve)
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| Filing 34 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Prison Health Services, Inc..(Devlin, Austa) |
| Filing 33 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Prison Health Services, Inc..(Devlin, Austa) |
| Filing 32 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Rebecca Pinney.(Devlin, Austa) |
| Filing 31 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Trevor Parks.(Devlin, Austa) |
| Filing 30 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Martin F. Horn.(Devlin, Austa) |
| Filing 29 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Michael Catalano. Related document: #27 Amended Complaint,, filed by Evelyn Mercado, Frank Mercado.(Devlin, Austa) |
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Filing 28
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Andrew B. Stoll, Colleen Meenan and Paul Haberman dated 1/17/09 re: Request for the following discovery extension - all fact discovery due by 4/10/09; Depositions of Expert Witnesses completed by 6/9/09; and Dispositive Motions served and filed by 7/8/09; A settlement Conference would be scheduled for 4/13/09 at 10 am in courtroom 18A. ENDORSEMENT: Application Granted. SO ORDERED. (Deposition due by 6/9/2009. Discovery due by 4/10/2009. Motions due by 7/8/2009. Settlement Conference set for 4/13/2009 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (Signed by Magistrate Judge Henry B. Pitman on 1/27/09) (db) Modified on 2/5/2009 (db).
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| Filing 27 SECOND AMENDED COMPLAINT amending #25 Amended Complaint, against Ronald Golbourne, Prison Health Services, Inc., The City of New York, Martin F. Horn, Michael Catalano, Thomas R. Frieden, Louise Cohen, Simflex Nyame, Patricia T. Jones, Carmela Brignone, Karen Fields, V. Clark, Trevor Parks, Rebecca Pinney. Document filed by Frank Mercado, Evelyn Mercado. Related document: #25 Amended Complaint, filed by Evelyn Mercado, Frank Mercado.(dle) (Additional attachment(s) added on 2/5/2009: #1 A.C. part 2) (dle). |
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Filing 26
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Andrew B. Stoll dated 11/24/2008 re: Jam plaintiff Frank Mercado's attorney in the above referenced case. This is a request on behalf of all plaintiffs to file a second amended complaint adding a defendant. ENDORSEMENT: Application Granted on Consent. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 12/1/2008) (jmi)
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| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Andrew Brian Stoll for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #25 Amended Complaint, to: case_openings@nysd.uscourts.gov. (dle) |
| Filing 25 FIRST AMENDED COMPLAINT amending #1 Complaint, against Thomas R. Frieden, Louise Cohen, Simflex Nyame, Patricia T. Jones, Carmela Brignone, Karen Fields, V. Clark, The City of New York, Martin F. Horn, Prison Health Services, Inc., Michael Catalano, Trevor Parks, Rebecca Pinney.Document filed by Frank Mercado, Evelyn Mercado. Related document: #1 Complaint, filed by Frank Mercado.(dle) (dle). |
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Filing 24
SCHEDULING ORDER: All disclosures required by F.R.C.P. 26(a)(l) shall be made by September 8, 2008. Any motions to amend the pleadings or to join additional parties shall be made by September 30, 2008. All fact discovery shall be completed on February 11, 2009. Plaintiffs shall produce all materials required by Rule 26(a)(2) of the F.R.C.P. concerning all matters other than damages no later than February 11, 2009. Defendants shall produce all materials required by Rule 26(a)(2) of the F.R.C.P. concerning all matters other than damages no later than March 10, 2009. Depositions of expert witnesses concerning matters other than damages shall be completed no later than April 9, 2009. Dispositive motions shall be served and filed by May 8, 2009. Settlement conference is scheduled for February 6,2009 at 2:00 p.m. in Courtroom 18A. (Signed by Magistrate Judge Henry B. Pitman on 8/11/2008) Copies Mailed By Chambers.(jpo)
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| Filing 23 AFFIDAVIT OF SERVICE of Answer served on Andrew B. Stoll, Esq. on August 4, 2008. Service was made by Mail. Document filed by Martin F. Horn. (Haberman, Paul) |
| Filing 22 ANSWER to Complaint with JURY DEMAND. Document filed by Martin F. Horn.(Haberman, Paul) |
| Filing 21 STIPULATION: It is hereby stipulated and agreed that this action be and the same hereby is discontinued without prejudice as against Defendant James Capoziello and Doctor Benjamin Okonta, Without costs or disbursements to either party as against the other. This stipulation may be filed without any further notice the Clerk of the Court. (Signed by Judge Barbara S. Jones on 8/4/2008) (jfe) |
| Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Martin F. Horn waiver sent on 3/19/2008, answer due 5/19/2008. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 19 ANSWER to Complaint with JURY DEMAND. Document filed by Prison Health Services, Inc., Prison Health Services, Inc.. (Attachments: #1 Affidavit of Service for Answer)(Haberman, Paul) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Prison Health Services, Inc as Corporate Parent. Document filed by Prison Health Services, Inc., Prison Health Services, Inc.. (Attachments: #1 Affidavit of Service)(Haberman, Paul) |
| Filing 17 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Henry Pitman, for General Pretrial. Magistrate Judge Gabriel W. Gorenstein no longer referred to the case. (jeh) Modified on 7/18/2008 (ae). (Additional attachment(s) added on 7/21/2008: # 1 ntr) (jeh). (Additional attachment(s) added on 7/21/2008: #2 ntr) (jeh). |
| Filing 16 NOTICE OF CHANGE OF ADDRESS by Paul Stuart Haberman on behalf of Frank Mercado. New Address: Heidell, Pittoni, Murphy & Bach, LLP, 99 Park Avenue, 7th Floor, New York, NY, US 10016, 212-286-8585. (Haberman, Paul) |
| Filing 15 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Change of Address. Document filed by Frank Mercado. (Haberman, Paul) Modified on 6/20/2008 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Paul Stuart Haberman to RE-FILE Document #15 Notice (Other). Use the document type Notice of Change of Address found under the document list Notices. (db) |
| Filing 14 NOTICE OF APPEARANCE by Colleen Margaret Meenan on behalf of Evelyn Mercado (Meenan, Colleen) |
| Filing 13 AFFIDAVIT OF SERVICE of Answer with jury demand served on Andrew B. Stoll, Esq., Stoll, Glickman & Bellina, LLP on May 19, 2008. Service was made by Mail. Document filed by Rebecca Pinney. (Haberman, Paul) |
| Filing 12 ANSWER to Complaint with JURY DEMAND. Document filed by Rebecca Pinney.(Haberman, Paul) |
| Filing 11 AFFIDAVIT OF SERVICE of Answer with jury demand served on Andrew B. Stoll, Esq., Stoll, Glickman & Bellina, LLP on May 19, 2008. Service was made by Mail. Document filed by Trevor Parks. (Haberman, Paul) |
| Filing 10 ANSWER to Complaint with JURY DEMAND. Document filed by Trevor Parks.(Haberman, Paul) |
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Filing 9
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial ( includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Barbara S. Jones on 5/5/08) (tro)
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| Filing 8 AFFIDAVIT OF SERVICE of Answer with jury demand served on Andrew B. Stoll, Esq., Stoll, Glickman & Bellina, LLP on April 24, 2008. Service was made by Mail. Document filed by Michael Catalano. (Haberman, Paul) |
| Filing 7 ANSWER to Complaint with JURY DEMAND. Document filed by Michael Catalano.(Haberman, Paul) |
| Filing 6 AFFIDAVIT OF SERVICE of Answer with jury demand served on Andrew B. Stoll, Esq., Stoll, Glickman & Bellina, LLP on April 24, 2008. Service was made by Mail. Document filed by The City of New York. (Haberman, Paul) |
| Filing 5 ANSWER to Complaint with JURY DEMAND. Document filed by The City of New York.(Haberman, Paul) |
| Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. Rebecca Pinney waiver sent on 3/19/2008, answer due 5/19/2008. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 3 WAIVER OF SERVICE RETURNED EXECUTED. Michael Catalano waiver sent on 3/19/2008, answer due 5/19/2008. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 2 WAIVER OF SERVICE RETURNED EXECUTED. Trevor Parks waiver sent on 3/19/2008, answer due 5/19/2008. Document filed by Frank Mercado. (Stoll, Andrew) |
| Filing 1 COMPLAINT against James Capoziello, Benjamin Okonta, Prison Health Services, Inc., The City of New York, Martin F. Horn, John Doe, Prison Health Services, Inc., Michael Catalano, Trevor Parks, Rebecca Pinney. (Filing Fee $ 350.00, Receipt Number 645089)Document filed by Frank Mercado.(mbe) |
| SUMMONS ISSUED as to James Capoziello, Benjamin Okonta, Prison Health Services, Inc., The City of New York, Martin F. Horn, John Doe, Prison Health Services, Inc., Michael Catalano, Trevor Parks, Rebecca Pinney. (mbe) |
| Case Designated ECF. (mbe) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (mbe) |
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