ABC v. DEF
| ABC |
| DEF, Joseph Lima, Simon Valerio, Milza Mercedes, Rebecca Rodriguez, Rennie Ronriguez and William Hogan |
| 1:2014cv02953 |
| April 30, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Engelmayer |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
446
INFANT COMPROMISE ORDER: NOW, on motion of plaintiffs' attorney, it is hereby: ORDERED, that plaintiffs, parents and natural guardians of the infant plaintiff M.S., be and hereby are authorized and empowered to settle and compromise plaintiffs ' claims against defendants for the sum of five hundred thousand dollars ($500,000.00)(the "Judgment Amount") in accordance with the terms set forth in the Stipulation of Settlement, General Release, and Order of Dismissal so-orde red by the Court on April 22, 2021 (the "Stipulation of Settlement"); and it is further ORDERED (As further set forth herein.) SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/22/2021) (va) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing
439
ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle and that such settlement has been approved by the relevant state decision makers, Dkt. 438, it is ORDERED that the above-entitled a ction is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 45 days of the date of this Order if the settlement is not consummated. In light of the settlement approval, the telephonic co nference scheduled for tomorrow, March 9, 2021, at 10:30 a.m., is hereby canceled. To be clear, any application to reopen must be filed within 45 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Fu rther, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 45-day period to be "so ordered" by the Court. P er Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any prop osed order approving the settlement agreement that seeks the Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreemen t in the order. Mr. Schaefer is directed to promptly serve via email notice of this order, and the cancellation of tomorrow's conference, on Cathy T. Sheehan, Esq., and the New York Attorney General representatives with whom settlement discussions have taken place, to ensure they are aware that the conference will not take place. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/8/2021) (jca)
|
|
Filing
434
ORDER: The Court today held a conference with counsel to address the status of the settlement process in this case, in which defendants' liability has been established and upheld by the United States Court of Appeals for the Second Circuit an d the sole outstanding issues to be tried are the damages due to each of the three plaintiffs. At the conference, it became apparent that the Court's personal intervention is necessary to assure that appropriate and urgent attention is given t o this matter by decision-makers at DOCCS and the NYAG, as it has been more than three months since the settlement was first reported to the Court, and more than two months since the settlement was submitted for approval to state decision-makers. In particular, it appears that state decision-makers may not appreciate the possibilityabsent a settlementof a prevailing-party fee award in this case under 42 U.S.C. § 1988 that, independent of any damages award by the jury, could quite sign ificantly outstrip the amount of the negotiated settlement. The Court accordingly schedules a conference in this case for March 9, 2021, at 10:30 a.m., in courtroom 1305 at the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY, 10007, for the purpose of discussing settlement. To assure that the conference is effective, the Court orders that the following four persons attend the conference in person. All other counsel are to participate telephonically. Those counsel, and members of the public who wish to attend this conference, should call (888) 363-4749 and enter access code 468-4906, followed by the pound (#) sign. All in-person participants will be required upon appearance at the courthouse to satisfy the Districts protocols for entry. These are available at https://www.nysd.uscourts.gov/covid-19-coronavirus, and in Standing Order 21 Misc. 164, available at that link. All in-person participants are to promptly review these protocols to assure that, o n March 9, 2021, they will be able to gain entry to the courthouse. In the event that the settlement agreement reported to the Court has received final approval before March 9, 2021, the Court will adjourn the conference. It will otherwise go forw ard as scheduled. (And as further set forth herein.) SO ORDERED. (Telephone Conference set for 3/9/2021 at 10:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/26/2021) (jca)
|
|
Filing
433
ORDER: The conference scheduled for February 26, 2021, at 10:00 a.m. will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906 followed by the pound (#) ke y.Counsel are directed to review the Court's s Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instruct ions for communicating with chambers, and, pursuant to Emergency Individual Rule 2(C), to inform the Court, via email to EngelmayerNYSDchambers@nysd.uscourts.gov, counsel who will be appearing and speaking on behalf of each party, and the t elephone number from which each attorney will be calling in. So Ordered. (Pretrial Conference set for 2/26/2021 at 10:00 AM before Judge Paul A. Engelmayer., Telephone Conference set for 2/26/2021 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/25/2021) (js)
|
|
Filing
429
ORDER: On November 25, 2020, the Court was informed that the parties had reached a settlement and intended to submit a proposed agreement to state decision-makers for review and approval by December 11, 2020. Dkt. 424. The Court directed the pa rties to file a joint status report updating it on the status of settlement approval "by December 14, 2020, and every 30 days thereafter until the agreement is finalized and submitted to the Court for its approval." Id. On December 14 , 2020, the parties reported that they had submitted their agreement to the relevant state decision-makers. Dkt. 425. On January 13, 2021, the parties reported that those decision makers had not reached a decision as to the proposed settlement a greement. Dkt. 427. Thirty days have passed since that update, but the Court has not received anything further from the parties. In accord with the Court's prior order, the parties are directed to file their monthly status report by Friday, February 19, 2021, at 5:00 p.m. That filing should set forth their views as to whether the final pretrial conference, scheduled for February 26, 2021, should go forward. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/17/2021) (jca)
|
|
Filing
424
ORDER: The Court has been informed by United States Magistrate James L. Cott that the parties have reached a settlement in principle in this case, and that defendants intend to memorialize and submit their agreement to various state agencies by Decem ber 11, 2020 for their review and approval. Accordingly, the Court directs the parties to file a joint status report apprising it of their progress in those efforts by December 14, 2020, and every 30 days thereafter until the agreement is finalized and submitted to the Court for its approval. The Court thanks and commends the parties and Judge Cott for their efforts to resolve the damages issues in this case. (Signed by Judge Paul A. Engelmayer on 11/25/2020) (jwh)
|
|
Filing
415
ORDER re: 414 Letter filed by Rebecca A Durden. In scheduling the upcoming settlement conference in this case (Dkt. No. 413), the Court directed defendants to provide a copy of its scheduling order to the appropriate personnel at DOCCS and the Office of the Attorney General with authority to participate in settlement discussions and ultimately approve a settlement (given that defendants are entitled to indemnification by New York State). The Court has received a letter from Assistant Attor ney General Rebecca Ann Durden (Dkt. No. 414) advising the Court that her Office "will not be in a position to approve any settlement" at the time of the settlement conference. The Court does not read AAG Durden's letter to suggest tha t she will not be attending the conference (nor does it say as much). In avoidance of any doubt, however, the Court directs AAG Durden, and a representative of DOCCS as well, to attend the telephonic settlement conference on October 15. Having finall y received and now reviewed all of the settlement submissions from the parties (which were submitted several days late by defendants), the Court has concluded that it is essential to have the participation of both OAG and DOCCS at the conference in o rder to advance the settlement process. The Court is mindful that there is a process, under the Public Officers Law, for any settlement approval and no agreement can therefore be reached at the conference. Nonetheless, while it is rare, there are cas es where non-parties must be required to attend a settlement conference (especially where that non-party is the ultimate decision-maker with respect to settlement, as here). This is one of those cases where exceptional circumstances exist and if OAG and DOCCS representatives do not attend, that would "frustrate... the proper administration of justice" as contemplated by the All Writs Act, 28 U.S.C. sec. 1651. See, e.g., Yonkers Racing Corp. v. City of Yonkers, 858 F.2d 855, 863 (2d Cir . 1988) (exceptional circumstances authorized issuance of All Writs Act order to non-party to prevent frustration of prior court orders); Pate v. Winn-Dixie Stores., Inc., 2015 WL 1097394, at *3 (S.D. Ga. Mar. 11, 2015) (ordering non-party insurer to appear at settlement conference). SO ORDERED. (Signed by Magistrate Judge James L. Cott on 10/13/2020) (kv)
|
|
Filing
411
ORDER re: 410 Amended Order Referring Case to Magistrate Judge. By Amended Order of Reference dated August 18, 2020 (Dkt. No. 410), Judge Engelmayer referred this case to me for settlement. The parties are directed to advise the Court within 3 0 days of the date of this Order when they wish to schedule a settlement conference. The parties should do so by filing a letter motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, cou nsel are free to e-mail my deputy clerk, David Tam, at David_Tam@nysd.uscourts.gov to find a mutually convenient date for the parties and the Court. Defendants are directed to provide a copy of this Order to the appropriate personnel, at DOCCS a nd the NYAG, with authority to participate in settlement discussions and approve a settlement on behalf of New York State, and to coordinate the timing of any settlement conference with those individuals. (as further set forth herein). SO ORDERED. (Signed by Magistrate Judge James L. Cott on 8/18/2020) (kv)
|
|
Filing
407
OPINION & ORDER re: 392 MOTION in Limine Plaintiffs' Motion In Limine to Exclude Evidence of John Doe's Special Parole Condition No. 13. filed by ABC, 405 MOTION in Limine Plaintiffs' Motion in Limine to Exc lude the Proposed Testimony of Defendants Scott and Cappiello. filed by ABC. Plaintiffs' pending motions in limine are granted in full. Evidence that Doe was separated from M.S. because of defendants' application of Special Condition 13 will not be admitted at the upcoming damages trial. Nor will the proposed testimony of Emily Scott or James Cappiello. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 392 and 405. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/14/20) (yv)
|
|
Filing
399
ORDER: For the reasons set forth on the record of today's conference, each defendant's summary of proposed testimony is due Friday, July 24, 2020, at noon. Plaintiffs' motions in limine as to such testimony, if any, are due Friday, Jul y 31, 2020. Defendants' oppositions, if any, are due Friday, August 7, 2020. Trial is scheduled to begin March 8, 2021. The Court further schedules a final pretrial conference for February 26, 2021, at 10 a.m. (Motions due by 7/31/2020. Responses due by 8/7/2020. Final Pretrial Conference set for 2/26/2021 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/21/2020) (jwh)
|
|
Filing
395
ORDER: The Court has reviewed and approves of the parties' redactions to Exhibit A of the Joint Pretrial Order, Dkt. 391-1. The Court directs the parties to electronically file an unredacted version of that exhibit under seal. (Signed by Judge Paul A. Engelmayer on 7/17/2020) (jwh)
|
|
Filing
388
ORDER granting 386 Letter Motion for Extension of Time to File. ENDORSEMENT: Granted. Pretrial filings are due July 15. The case management conference is adjourned to July 21, at 2:30p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/8/2020) (mml)
|
|
Filing
381
MEMO ENDORSEMENT granting 379 Motion to Substitute Party. ENDORSEMENT; Granted. The Court orders that Pamela Lima be substituted as a party defendant in place of defendant Joseph Lima. (Pamela Lima added. Joseph Lima terminated.) (Signed by Judge Paul A. Engelmayer on 5/19/2020) (jwh)
|
|
Filing
370
ORDER: The Court today issued an order resolving, to the extent possible, the pending motions in limine. Counsel have previously notified the Court that its resolution of these motions may facilitate settlement. The Court accordingly will hold off se tting a trial date until Friday, February 28, 2020, to give counsel a meaningful opportunity to renew and complete settlement discussions. If no settlement has been reported as of that date, counsel are to notify the Court by letter that day of this fact. The letter should also set out counsel's estimate of the length of a jury trial into damages in this matter. The Court's law clerk will then be in touch with counsel to schedule such a trial, which the Court expects most likely would be held in late spring. (Signed by Judge Paul A. Engelmayer on 2/13/2020) (jwh)
|
|
Filing
283
OPINION & ORDER re: 264 MOTION for Summary Judgment Notice of Motion, filed by Simon Valerio, Joseph Lima, 233 MOTION for Summary Judgment / Plaintiffs' Motion for Summary Judgment, filed by ABC. The Court grants pla intiffs' motion for summary judgment as to liability against all five defendants, and denies the motions for summary judgment filed by defendants Lima, Rosado, and Valerio. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 233 and 264. An order will issue shortly as to next steps in this case, and as further set forth herein. (Signed by Judge Paul A. Engelmayer on 8/31/2017) (ras) (Main Document 283 replaced on 8/31/2017) (anc).
|
|
Filing
146
OPINION & ORDER: For the foregoing reasons, the motions to dismiss are granted as to Rennie Rodriguez and Rebecca Rodriguez, and denied as to all other defendants. The Clerk of Court is respectfully directed to terminate Rennie Rodriguez and Reb ecca Rodriguez as defendants in this case, and to terminate the motions pending at docket numbers 112, 116, 119, and 141. An order as to next steps in this case will issue shortly. (As further set forth in this Order) Rebecca Rodriguez and Rennie Ronriguez terminated. (Signed by Judge Paul A. Engelmayer on 7/15/2015) (kl)
|
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.
