Tirado v. Shutt et al
| Miguel Tirado |
| B. Shutt, S. Holiday and R. Lassiter |
| 1:2013cv02848 |
| April 25, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Cayuga |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
170
MEMORANDUM OPINION AND ORDER re: 127 MOTION in Limine , filed by B. Shutt, R. Lassiter, S. Holiday, 132 MOTION for Sanctions MOTION FOR RULE 37 SANCTIONS AGAINST DEFENDANTS, filed by Miguel Tirado, 129 MOTION i n Limine , filed by Miguel Tirado. For the foregoing reasons, Defendants' Motion in Limine (Docket Entry No. 127) is granted in part, and Plaintiff's Motion in Limine (Docket Entry No. 129) is granted in part. Plaintiff's motio n for sanctions pursuant to Rule 37 (Docket Entry No. 132) is granted in part, as set forth above. More specifically, Defendants' First Motion13 in limine is granted in part, and the Court will upon request give a limiting instruction, as set fo rth above. Defendants' Second Motion in limine is denied. Defendants' Third Motion in limine is granted in part, as set forth above. Defendants' Fourth Motion in limine is denied. Defendant's Fifth Motion in limine is denied. Defe ndants' Sixth Motion in limine is granted in part, as set forth above. Plaintiff's First Motion in limine is granted. Plaintiff's Second Motion in limine is granted. Plaintiff's Third Motion in limine is denied. Plaintiff's Fourth Motion in limine is granted. The final pretrial conference, which is currently scheduled for November 12, 2015, is adjourned to December 14, 2015 at 3:00 p.m. The parties must meet and confer immediately to update their Joint Pretrial Statemen t and related submissions in light of the Court's decisions on the summary judgment motion and these motions in limine; the parties should also revisit the question of settlement and notify the undersigned if a renewed settlement reference to Ma gistrate Judge Peck would be helpful in that regard. Defendants must identify which of the 17 late-disclosed witnesses they intend to call at trial and Plaintiffs must identify which, if any, of those witnesses they wish to depose in advance of trial , and the parties must propose a schedule for such depositions in their updated Joint Pretrial Statement. The parties must file their updated Joint Pretrial Statement and submissions by December 4, 2015, with courtesy copies provided for Chambers. (Final Pretrial Conference set for 12/14/2015 at 03:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 11/9/2015) (As further set forth in this Order.) (spo) Modified on 11/9/2015 (spo).
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Filing
153
MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION IN PART re: 100 FIRST MOTION for Summary Judgment . filed by Stacy Dominic, B. Shutt, Kyle Jackson, R. Lassiter, S. Holiday. For the foregoing reasons, Plaintiff's objections to Judge Peck's Report are sustained in part. The Report is adopted with the exception of section III.C.3 thereof. Accordingly, Plaintiff's claims against Defendants Dominic and Jackson are DISMISSED in their entirety; Defendant s' motion for partial summary judgment is DENIED with respect to (1) Tirado's claim that the remaining Defendants retaliated against him on April 19, 2012, for requesting to speak to a sergeant by assaulting him and issuing a false misbehav ior report based on the assault, (2) his claim that the remaining Defendants planted contraband in his cell as a further act of retaliation, and (3) his claim that Defendant Holliday intimidated him and his parents on March 23, 2014, as part of a pat tern of retaliatory actions. The motion is GRANTED in all other respects. The three claims enumerated in the foregoing paragraph remain for trial, along with the following claims: (4) Plaintiff's claim that a March 16, 2014, misbehavior report w as retaliatory, and (5) Plaintiff's claim that Defendants used and/or failed to intervene in the use of excessive force against Plaintiff on April 19, 2012, in violation of Plaintiff's Eighth Amendment rights. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith. Accordingly, any application to proceed on appeal in forma pauperis with respect to the claims addressed in the Report and this Order is denied. See Cop pedge v. United States, 369 U.S. 438, 444 (1962). The final pre-trial conference in this action is rescheduled to September 18, 2015, at 11:45 a.m. and the related deadlines are modified accordingly. SO ORDERED. (As further set forth within this Order.) Party Stacy Dominic and Kyle Jackson terminated. (Signed by Judge Laura Taylor Swain on 7/22/2015) (ajs) Modified on 7/22/2015 (ajs).
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