Small v. New York City Department of Correction et al
Plaintiff: Samuel Small
Defendant: New York City Department of Correction, Baily, John Doe and Jane Doe
Case Number: 1:2009cv01912
Filed: March 3, 2009
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Queens
Presiding Judge: Deborah A. Batts
Presiding Judge: Ronald L. Ellis
Nature of Suit: Plaintiff
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 19, 2022 Opinion or Order Filing 411 ORDER granting 410 Letter Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/19/2022) (vfr)
August 29, 2022 Opinion or Order Filing 409 ORDER granting 408 Letter Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/29/2022) (ate)
August 22, 2022 Opinion or Order Filing 407 ORDER granting 406 Letter Motion for Extension of Time to File. Application granted. (Signed by Judge Ronnie Abrams on 8/22/2022) (tro)
April 28, 2022 Opinion or Order Filing 397 OPINION & ORDER re: 375 MOTION for New Trial , judgment as a matter of law and remittitur. filed by City of New York. For the reasons stated above, Defendant's motion for judgment as a matter of law, a new trial, and remitt itur is denied. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 375, enter judgment for Plaintiff, and close this case. (Signed by Judge Ronnie Abrams on 4/28/2022) (ate) Transmission to Orders and Judgments Clerk for processing.
February 22, 2022 Opinion or Order Filing 392 ORDER, Pending before the Court is Defendants' motion for judgment as a matter of law, a new trial, or remittitur. The Court shall hold oral argument on this motion on February 24, 2022 at 3:00 p.m. in Courtroom 1506 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. SO ORDERED. ( Oral Argument set for 2/24/2022 at 03:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 2/22/22) (yv)
September 3, 2021 Opinion or Order Filing 373 ORDER granting 371 Letter Motion for Extension of Time to File ; granting 372 Letter Motion for Leave to File Excess Pages. Application granted. The City may file a brief with 15 additional pages on September 7, 2021. The parties shall follow the schedule from Defendant's extension request. Dkt. 371. Plaintiff's opposition is due November 8, 2021, and Defendant's reply on November 29, 2021. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/3/2021) (rj)
May 25, 2021 Opinion or Order Filing 349 ORDER: The parties are hereby ordered to split the costs of the daily transcripts for this trial. (Signed by Judge Ronnie Abrams on 5/25/2021) (tro)
April 22, 2021 Opinion or Order Filing 337 ORDER granting 334 Letter Motion for Discovery. It is hereby: ORDERED that service of all trial subpoenas may be made by email or overnight mail; IT IS FURTHER ORDERED that, no later than April 30, 2021, Defendants identify for Plaintiff all tr ial witnesses of Plaintiff's who can be served by subpoenas delivered by email to Defendants' counsel; IT IS FURTHER ORDERED that, no later than April 30, 2021, Defendants disclose to Plaintiff the last known addresses for any current or former City employee who has been identified as a trial witness by Plaintiff and for whom Defendants counsel will not accept service of a trial subpoena. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/22/2021) (kv)
March 29, 2021 Opinion or Order Filing 332 ORDER terminating 281 Motion in Limine; terminating 285 Motion in Limine. It is hereby ORDERED that: 1. Plaintiff's motion in limine to exclude evidence, testimony, reference, or suggestion of Mr. Small's criminal history is GRANTED, and the following as further set forth herein. The Clerk of Court is respectfully directed to close the motions pending at docket entries 281 and 285. (Signed by Judge Ronnie Abrams on 3/29/2021) (nb)
February 10, 2021 Opinion or Order Filing 326 ORDER granting 325 Letter Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/10/2021) (kv)
January 20, 2021 Opinion or Order Filing 324 ORDER, IT IS HEREBY ORDERED that no later than February 10, 2021, the parties shall submit to the Court a joint letter providing the exhibit numbers for those exhibits to which objections remain, as well as an explanation of the parties positions on those exhibits. The parties shall also inform the Court which exhibits they no longer intend to admit and which will be admitted without objection. IT IS FURTHER ORDERED that trial in this matter will begin on May 17, 2021, and, if necessary, wil l continue into the week of May 24. IT IS FURTHER ORDERED that the final pre-trial conference in this case will be held on May 12, 2021 at 10:00 am. The Court will determine at a later time whether this conference will be held remotely. SO ORDERED. (Final Pretrial Conference set for 5/12/2021 at 10:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 1/20/2021) (kv)
January 6, 2021 Opinion or Order Filing 318 ORDER: Pursuant to Chief Judge Colleen McMahon's amended standing order (attached), this trial is hereby adjourned in light of the pandemic. The Court will proceed as scheduled with the motion in limine hearing on January 20, 2020, which will be held by Skype For Business. At that hearing, the parties should be prepared to discuss alternative dates for trial. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/6/2021) (kv)
December 23, 2020 Opinion or Order Filing 313 ORDER, IT IS HEREBY ORDERED that no later than January 6, 2021, Defendants shall submit to the Court a supplemental letter and a revised exhibit list consistent with the below instructions: as further set forth herein. IT IS FURTHER ORDERED that th e parties reconvene for a hearing on the three remaining objections, identified above, on January 20, 2021 at 11:00 am. The hearing will be held using Skype for Business. The Court will send the parties instructions on how to access the video confere nce at a later date. Persons who are not participating in the hearing but who wish to listen in may do so by calling (888) 363-4749 and entering Access Code 1015508#. SO ORDERED. ( Telephone Conference set for 1/20/2021 at 11:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 12/23/2020) (kv)
November 9, 2020 Opinion or Order Filing 302 ORDER: In preparation for Thursday's proceeding, the parties are directed to meet and confer on all remaining issues identified in their motions in limine. No later than November 11, 2020 at 12:00 pm, the parties shall submit a joint letter ad vising the Court as to which issues remain to be resolved. Moreover, during Thursday's hearing, the parties should be prepared to address each disputed issue, witness, and exhibit. To do so, the parties should utilize the screen-sharing function on Skype for Business when necessary, which will allow the parties and the Court to jointly view the exhibits. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/9/2020) (kv)
November 2, 2020 Opinion or Order Filing 300 ORDER: It is hereby ORDERED that the motion in limine hearing, scheduled for November 5, 2020, shall be conducted using Skype for Business's video-conference services. The Court will provide the parties the dial-in information and a Skype for Business instruction manual via email. If members of the public wish to attend the hearing, they may do so by using the following dial-in information, which will enable them to hear but not see the proceedings: Call-in Number: (888) 363-4749; Access Code: 1015508. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/2/2020) (kv)
August 14, 2020 Opinion or Order Filing 296 ORDER: As discussed during today's telephone conference, the parties shall file a joint letter no later than August 20, 2020 informing the Court as to their views on: 1. Whether they wish to proceed with the November 16, 2020 trial date, or whether they seek an adjournment. 2. Their best estimate as to the length of trial. 3. The number of jurors that they request. 4. Whether, if they seek an adjournment of the November 16, 2020 trial date, they also seek an adjournment of the September 11, 2020 hearing on the motions in limine. (Signed by Judge Ronnie Abrams on 8/14/2020) (rj)
August 12, 2020 Opinion or Order Filing 295 ORDER: The Court will hold a telephone conference to discuss scheduling this Friday, August 14, 2020 at 3 PM. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. ( Telephone Conference set for 8/14/2020 at 03:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 8/12/2020) (cf)
April 15, 2020 Opinion or Order Filing 284 ORDER granting 280 Letter Motion for Extension of Time to File. Application granted. (Signed by Judge Ronnie Abrams on 4/15/2020) (rj)
December 20, 2019 Opinion or Order Filing 266 ORDER: The Court, having been advised that Plaintiff was released from custody in January 2019, withdraws its Order regarding scheduling a telephone call within the Correctional Facility. (ECF No. 265.)SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/20/2019) (js)
December 19, 2019 Opinion or Order Filing 264 ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for 3/11/2020 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 12/19/2019) (va)
December 9, 2019 Opinion or Order Filing 262 ORDER denying 259 Letter Motion for Extension of Time; denying 261 Letter Motion for Extension of Time to File. So Ordered. The due date for all material, which should be filed together, is February 24, 2020. (Signed by Judge Deborah A. Batts on 12/9/2019) (js)
December 3, 2019 Opinion or Order Filing 258 ORDER: The Court is in receipt of Defendants' Letter of November 15, 2019 (ECF No. 255) and Plaintiff's Letter of November 17, 2019 (ECF No. 256). Counsel for Defendants is to confer with counsel for Plaintiff and inform the Court by December 13, 2019 whether Parties want to be referred to a Magistrate Judge for settlement or participate in the Court's Mediation Program. SO ORDERED. (Signed by Judge Deborah A. Batts on 11/27/2019) (rro)
January 10, 2011 Opinion or Order Filing 45 OPINION AND ORDER: #99827 Based on the foregoing, Small's motion for reconsideration is Granted and his motion for leave to file a Third Amended Complaint is Granted as to the addition of Officers Villacis, Simon, and Feinstein and Captain Kelly as Defendants. Small shall file his Third Amended Complaint by January 31, 2011. Discovery in this case is reopened until March 4, 2011 for the limited purpose of conducting any necessary discovery related to these new Defendants. (Signed by Magistrate Judge Ronald L. Ellis on 1/10/2011) (js) Modified on 1/11/2011 (ajc).
August 16, 2010 Opinion or Order Filing 34 OPINION AND ORDER. Based on the foregoing stated in this opinion and order, Small's motion for leave to file a Third Amended Complaint is DENIED. (Signed by Magistrate Judge Ronald L. Ellis on 8/16/10) (rjm)
October 28, 2009 Opinion or Order Filing 20 ORDER, Telephone Conference set for 12/4/2009 at 11:00 AM before Magistrate Judge Ronald L. Ellis. (Signed by Magistrate Judge Ronald L. Ellis on 10/28/09) (cd)
July 14, 2009 Opinion or Order Filing 10 ORDER, that Small either SERVE DEFENDANTS or SHOW GOOD CAUSE by 8/14/09, why this case should not be dismissed for failure to prosecute. ( Service due by 8/14/2009.) (Signed by Magistrate Judge Ronald L. Ellis on 7/14/09) (cd)
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Search for this case: Small v. New York City Department of Correction et al
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Plaintiff: Samuel Small
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Defendant: New York City Department of Correction
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Defendant: Baily
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Defendant: John Doe
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Defendant: Jane Doe
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