Martinez v. City of New York et al
| Lenno Martinez |
| City of New York, Commissioner of the New York City Department of Corrections (DOC) Martin Horn, DOC Chief of Department Carolyn Thomas, DOC Deputy Commissioner Richard R. White, GRVC Warden Carmine LaBruzzo, GRVC Deputy Warden of Security Eliseo Perez, DOC Officer Meyers, DOC Officers John Does # 1-2, DOC Officers Jane Does # 1-2, DOC Officer Desmond Myers, DOC Officer Rufino Velez and DOC Officer Nick Tajudeen |
| 1:2010cv06044 |
| August 12, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Denise L Cote |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 24, 2011. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 18
STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: The action is hereby dismissed against defendants, with prejudice, and without costs, expenses, or attorneys' fees in excess of the amount specified in paragraph "2" within. (Signed by Judge Denise L. Cote on 8/22/2011) (ab)
|
|
Filing 17
ENDORSED LETTER addressed to Judge Denise Cote from Julia P. Kuan dated 6/23/11 re: counsel for plaintiff writes that the parties respectfully request that the Court grant an extension of time to complete fact discovery from June 28, 2011 to August 23, 2011. ENDORSEMENT: the parties may adjust the discovery schedule on consent so long as the pretrial order is filed by 9/13/11. ( Discovery due by 8/23/2011., Pretrial Order due by 9/13/2011.) (Signed by Judge Denise L. Cote on 6/23/11) (pl) Modified on 6/24/2011 (pl).
|
| Filing 16 AMENDED COMPLAINT against City of New York, Commissioner of the New York City Department of Corrections (DOC) Martin Horn, DOC Chief of Department Carolyn Thomas, DOC Deputy Commissioner Richard R. White, DOC Officers John Does # 1-2, GRVC Deputy Warden of Security Eliseo Perez, GRVC Warden Carmine LaBruzzo, DOC Officer Desmond Myers, DOC Officer Nick Tajudeen, DOC Officer Rufino Velez with JURY DEMAND. Document filed by Lenno Martinez. (ft) (ama). |
| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 5/24/2011. (ab) |
|
Filing 15
ORDER, that the Court has considered the submission from defendants' counsel in response to the Court's Order, dated May 10, 2011, and has determined that no sanctions will issue The settlement conference is adjourned to May 24, 2011, at 2:30p.m. in Courtroom 17- A, 500 Pearl Street, New York, New York. ( Settlement Conference set for 5/24/2011 at 02:30 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/17/11) (pl)
|
|
Filing 14
ORDER; IT IS HEREBY ORDERED, that the Warden or other official in charge of the North Infirmary Command, produce inmate Lenno Martinez, Book and Case # 241-070-17164, at 2:30 p.m. on Tuesday, May 24, 2011, at a suitable location within the facility equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and counsel in the above-referenced matter. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers by calling (212) 805-4260. Plaintiff shall call the Court at (212) 805-4266 at that date and time. In addition, counsel for defendants, as attorney for the facility, shall (1) transmit this Order to the Warden forthwith; (2) contact the facility forthwith to determine a number at which the plaintiff will be reachable at the above time and date. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/17/11) (pl) Modified on 5/17/2011 (pl). Modified on 6/1/2011 (pl).
|
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #13 HAS BEEN REJECTED. Note to Attorney Philip Sebastian Frank : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db) |
| Filing 13 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Sanctions in response to the Courts Order, dated May 10, 2011, ordering counsel for defendant City to set forth his views on whether there has been a violation of the Courts Order dated February 24, 2011 and, if such violation is conceded, to offer any explanation as to why sanctions should not be imposed. Counsel for defendant respectfully submits that for the reasons set forth herein, sanctions should not be imposed. Document filed by City of New York.(Frank, Philip) Modified on 5/16/2011 (db). |
|
Filing 12
ORDER: It appearing that the defendants have violated the terms of the Court's February 24, 2011 Order, counsel for the defendants is ORDERED to set forth his views on whether in fact there has been a violation of the Court's Order and, if such violation is conceded, to offer any explanation as to why sanctions should not be imposed either based on Fed. R. Civ. P. l6(f), 28 U.S.c. 1927, or the inherent powers of the Court Such a showing shall be made by affidavit filed on or before May 13, 2011. Courtesy copies of any papers shall be sent to the undersigned. If counsel for the defendants wishes that a hearing be held on this matter, he should so state and should set forth the reasons why the consideration of this matter based on written submissionswould be insufficient. The submission shall be signed by a supervisor. The Court will thereafter issue a written order in the event a sanction is imposed. In addition, counsel for the defendants is directed to consult with opposing counsel in accordance with the procedures set forth in paragraph 8 of the Standing Order in Cases Referred for Settlement and to send a letter no later than May 17, 2011, proposing a new date for the conference. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/10/2011) (jpo)
|
|
Filing 11
ORDER: It is hereby ordered that the order of April 15,2011 is vacated. Thus, the Warden or other official in charge of the North Infirmary Command, need not produce inmate Lenno Martinez, Book and Case # 241-070-17164, at 2:30 p.m. on May 11, 2011, as the Court has adjourned the May 11 conference in this matter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/10/2011) (jpo)
|
|
Filing 10
REVISED PRETRIAL SCHEDULING ORDER: All fact discovery must be completed by 6/28/11. All expert discovery must be completed by 8/23/11. Joint pre-trial order to be submitted by 9/13/11. There shall be no extension of the 9/13/11 date. (Signed by Judge Denise L. Cote on 4/29/2011) (jfe)
|
|
Filing 9
ORDER that the Warden or other official in charge of the North Infirmary Command, produce inmate Lenno Martinez, Book and Case #241-070-17164, at 2:30 pm on 5/11/11, at a suitable location within the facility equipped with a telephone, and as further set forth in this document. (copy to US Marshal) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/15/11) (cd)
|
|
Filing 8
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Julia P. Kuan dated 3/3/2011 re: Counsel request that the settlement conference be adjourned to 4/20/11 at 10 a.m. ENDORSEMENT: Granted. Letters due April 15, 2011. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/3/2011) (jfe)
|
|
Filing 7
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for March 15, 2011, at 10:00 a.m. in Courtroom l7-A, United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/24/2011) (jfe)
|
| Filing 6 ANSWER to Complaint with JURY DEMAND. Document filed by City of New York.(Stockman, Benjamin) |
|
Filing 5
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Denise L. Cote on 11/16/2010) (jfe)
|
|
Filing 4
PRETRIAL SCHEDULING ORDER: The parties shall comply with their Rule 26(a)(1), Fed. R. Civ. P., initial disclosure obligations by December 17, 2010. The plaintiff shall provide his medical release forms to the defendants by December 17, 2010. No additional parties may be joined or pleadings amended after January 7, 2011. The parties must contact the chambers of Magistrate Judge Gorenstein no later than February 25, 2011 in order to schedule settlement discussions under his supervision. All fact discovery must be completed by April 29, 2011. Expert reports and disclosure of expert testimony conforming to the requirements of Rule 26(a)(2)(B) and (C), Fed. R. Civ. P., (eff. Dec. 1, 2010), by the party bearing the burden on an issue must be served by May 13, 2011. Identification of rebuttal experts and disclosure of their expert testimony must occur by June 3, 2011. All expert discovery must be completed by June 24, 2011. The Joint Pretrial Order must be filed by July 15, 2011. (Signed by Judge Denise L. Cote on 11/16/2010) Copies Mailed By Chambers. (jfe)
|
| Filing 3 ENDORSED LETTER addressed to Judge Denise L. Cote from Benjamin E. Stockman dated 10/12/2010 re: I am the Assistant Corporation Counsel in the Special Federal Litigation Division of the New York City Law Department newly-assigned to the defense of the above-referenced matter. Defendant City of New York1 respectfully requests that its time to answer Dr otherwise respond to the complaint be extended for sixty days, from October 12, 2010 until December 13, 2010. Plaintiffs counsel consents to this request. Accordingly, this office has requested that plaintiff provide medical releases. Due to the H.I.P.A.A. privacy rule, properly completed and fully executed medical releases are necessary for this office to obtain any records associated with this incident. These records are necessary for this office to properly assess the case and respond to the complaint. ENDORSEMENT: The defendants shall advise the Court presently if the releases are not returned fully executed within three weeks of service Application is granted; and serves is due December 13. City of New York answer due 12/13/2010; Commissioner of the New York City Department of Corrections (DOC) Martin Horn answer due 12/13/2010; DOC Chief of Department Carolyn Thomas answer due 12/13/2010; DOC Deputy Commissioner Richard R. White answer due 12/13/2010; DOC Officer Meyers answer due 12/13/2010; GRVC Deputy Warden of Security Eliseo Perez answer due 12/13/2010; GRVC Warden Carmine LaBruzzo answer due 12/13/2010. (Signed by Judge Denise L. Cote on 10/14/2010) (jmi) |
| Filing 2 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/12/2010 at 09:30 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 9/7/2010) (tro) |
| Filing 1 COMPLAINT against City of New York, Commissioner of the New York City Department of Corrections (DOC) Martin Horn, DOC Chief of Department Carolyn Thomas, DOC Deputy Commissioner Richard R. White, DOC Officer Meyers, DOC Officers Jane Does # 1-2, DOC Officers John Does # 1-2, GRVC Deputy Warden of Security Eliseo Perez, GRVC Warden Carmine LaBruzzo. (Filing Fee $ 350.00, Receipt Number 911780)Document filed by Lenno Martinez.(ama) (mro). |
| SUMMONS ISSUED as to City of New York, Commissioner of the New York City Department of Corrections (DOC) Martin Horn, DOC Chief of Department Carolyn Thomas, DOC Deputy Commissioner Richard R. White, DOC Officer Meyers, DOC Officers Jane Does # 1-2, DOC Officers John Does # 1-2, GRVC Deputy Warden of Security Eliseo Perez, GRVC Warden Carmine LaBruzzo. (ama) |
| Case Designated ECF. (ama) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (ama) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
