Nelligar et al v. Clarkson et al
| James E. Nelligar |
| Sandra Clarkson, Carl-Ann McBran, Anisha-Threatt McBrown, Maylyn Martinez, Shamida Mohammad, Sandra Allen, Lakaya Christopher, Felix Vigo, Mordy N. Lichtenstein, Giselle and John Mattingly |
| 1:2010cv00743 |
| February 1, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Richard M. Berman |
| Michael H. Dolinger |
| P.I.: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| Plaintiff |
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Filing
81
MEMORANDUM AND ORDER; For the reasons set forth on this order, Defendants motion to dismiss the amended complaint is GRANTED. Accordingly it is herebyORDERED that this action is DISMISSED with leave to reopen if Plaintiff James P. Nelligar takes the following actions no later than December 30, 2011:(a) Provides to the City Defendants medical releases for all providers during the relevant time frame as requested by the City Defendants in their discoverydemands;(b) The medical releases shall conta in all information necessary to obtain the complete medical releases of Mr. Nelligar for all providers;(c) Mr. Nelligar is not to make any modifications to the medical releases such that the City Defendants cannot obtain complete medical records for all providers; and(d)Mr. Nelligar is to submit a letter to the Court (by December 30, 2011) certifying that he has provided complete medical releases for all providers to the City Defendants in compliance with the June 1 and September 7 Orders as wel l as this Memorandum & Order. Mr. Nelligar must provide a copy of any letter submitted to the Court to counsel for the City Defendants on December 30 as well. IT IS FURTHER ORDERED that even if Mr. Nelligar provides releases by December 30, 2011, he will be precluded from recovering for any physical or emotional damages per the Court's June I, 2011 Order.Because Mr. Gonzalez's last act as Mr. Nelligar's counsel was to litigate the instant motion, and because Mr. Nelligar has faile d to register with the Clerk's Office as directed by the Court at the November 28, 2011 hearing, Mr. Gonzalez is directed to transmit a copy of this Memorandum & Order to Mr. Nelligar. The Clerk of the Court is further directed to terminate Carl os Gonzalez as counsel for Plaintiffs.The Court certifies, pursuant to 28 U.S.C. § 1915(a) (3), that any appeal taken from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444 -45 (1962).The Clerk of the Court is directed to terminate the motion(Dkt. No. 64), and to terminate this action. (Signed by Judge Katherine B. Forrest on 12/14/2011) (jp)
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