Quezada v. Fischer et al

Quezada v. Fischer et al

Plaintiff:	Jose Quezada
Defendant:	Richard Roy, William A. Lee, Raymond Koskowski, Edward Burnett, Thomas D. Melville, Keith Schmitt, Brenda L Surber, Tracy K. Alexander, Kevin O'Connor, John L. Conforti, Lori Badger, Jeffrey M. Tokarz, Jeffrey W. Macisaac, John E. Henschel, Jason C. Brothers, Anthony M. Cefaloni, Matthew L. Filipponi, Correction Officer Ronald Corbin, Michael F. Mryzglod, Sonya Rojas and Stephanie Mrysglod
Case Number:	1:2014cv04056
Filed:	June 9, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Seneca
Presiding Judge:	Kevin Nathaniel Fox
Referring Judge:	Colleen McMahon
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 15, 2023	Filing 280 SEALED MATERIALS DISPOSED: Document(s) 187 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 02/15/2023..(jus)
February 15, 2023	Filing 279 SEALED MATERIALS DISPOSED: Document(s) 184 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 02/15/2023..(jus)
January 4, 2023	Filing 278 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 187 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 2/3/2023. .(jus)
January 4, 2023	Filing 277 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 184 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 2/3/2023. .(jus)
November 1, 2018	Filing 276 ORDER TERMINATING WRIT OF HABEAS CORPUS AD TESTIFICANDUM: In light of the settlement agreement reached in this matter on May 1, 2018, and executed by the parties on October 25, 2018, and entered by this Court on October 29, 2018, IT IS HEREBY ORDERED that the Court's previously issued Writ of Habeas Corpus Ad Testificandum dated April 17, 2018 for inmate JOSE QUEZADA (BOP Register No. 84112-054) has been satisfied; IT IS FURTHER COMMANDED that the Federal Bureau of Prisons shall return JOSE QUEZADA, who is presently detained at the Metropolitan Correctional Center, 150 Park Row, New York, New York 10007 under safe and secure custody to Hazelton Federal Correctional Institute, 1640 Sky View Drive, Bruceton Mills, West Virginia 26525. (Signed by Judge Colleen McMahon on 10/31/2018) (mml)
October 29, 2018	Filing 275 STIPULATION OF SETTLEMENT, GENERAL RELEASE, AND ORDER OF DISMISSAL: The Action, and all claims asserted therein, are discontinued with prejudice against all Defendants pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and without payments, attorneys' fees, costs, disbursements, or expenses in excess of the amounts specified in Paragraph 2 below. In full consideration of Plaintiff's execution of this Settlement Stipulation, his agreement to be bound by its terms, and his undertakings as set forth herein including, but not limited to, the dismissal of the Action with prejudice and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Defendants shall pay the gross amount of Fifty Thousand Dollars ($50,000), in full satisfaction of the claims released pursuant to Section 9 herein, including any attorney's fees, costs, disbursements, and expenses incurred by Plaintiff for any and all counsel who have assisted Plaintiff or at any time represented Plaintiff in the Action, or in connection with any other proceeding, administrative, judicial, or otherwise, and any other claim or action alleging any of the acts, transactions, occurrences, or omissions asserted in the Action as further set forth in this Order. SO ORDERED. (Signed by Chief Judge Colleen McMahon on 10/29/2018) (mml)
October 29, 2018	Terminate Transcript Deadlines. (mml)
October 26, 2018	Filing 274 PROPOSED STIPULATION AND ORDER. Document filed by Jose Quezada. (Smith, Dustin)
June 12, 2018	Filing 273 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/1/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 12, 2018	Filing 272 TRANSCRIPT of Proceedings re: conference held on 5/1/2018 before Judge Colleen McMahon. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2018. Redacted Transcript Deadline set for 7/13/2018. Release of Transcript Restriction set for 9/10/2018.(McGuirk, Kelly)
June 7, 2018	Received returned mail re: Request for Copies/Transcripts/Docket Sheet - Processed. Mail was addressed to Juan Jose Araujo Severino, a/k/a Jose Quezada, Reg. #84112-054 at Federal Correctional Institution-Hazelton, PO Box 5000, Bruceton Mills, WV 26525 and was returned for the following reason(s): no longer at this address. (rro)
May 18, 2018	Filing 271 NOTICE OF CHANGE OF ADDRESS by Julinda A. Dawkins on behalf of Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. New Address: State of New York Office of the Attorney General, 28 Liberty Street, 18th Fl, New York, NY, US 10005, 212-416-8118. (Dawkins, Julinda)
May 3, 2018	Filing 270 ORDER VACATING WRIT OF HABEAS CORPUS AD TESTIFICANDUM: In light of the settlement agreement reached in this matter May 1, 2018, IT IS HEREBY ORDERED that the Court's previously issued Writ of Habeas Corpus Ad Testitficandum dated April 17, 2018 for inmate SALVATORE DAGNONE (DIN No. 89A9751) is hereby VACATED as moot and the transfer of SALVATORE DAGNONE is no longer necessary. (Signed by Judge Colleen McMahon on 5/3/2018) (kgo)
May 3, 2018	Filing 269 ORDER VACATING WRIT OF HABEAS CORPUS AD TESTIFICANDUM: In light of the settlement agreement reached in this matter May 1, 2018, IT IS HEREBY ORDERED that the Court's previously issued Writ of Habeas Corpus Ad Testitficandum dated April 17, 2018 for inmate PHILIP ROBINSON (DIN No. 95A4867) is hereby VACATED as moot and the transfer of PHILIP ROBINSON is no longer necessary. (Signed by Judge Colleen McMahon on 5/3/2018) (kgo)
May 3, 2018	Filing 268 LETTER addressed to Judge Colleen McMahon from Dustin P. Smith dated 05/03/2018 re: Request to vacate Writs of Habeas Corpus Ad Testificandum. Document filed by Jose Quezada.(Smith, Dustin)
May 1, 2018	Minute Entry for proceedings held before Judge Colleen McMahon: Final Pretrial Conference held on 5/1/2018. Decision: Final pretrial conference held. All pending motions in limine decided orally at conference. Settlement reached. See transcript for details. (submitted by Ebony Ray). (Court Reporter Steven Greenblum). (mde)
May 1, 2018	Filing 267 NOTICE OF APPEARANCE by Rebecca Ann Durden on behalf of Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Durden, Rebecca)
April 30, 2018	Filing 266 NOTICE OF APPEARANCE by Kristen Rose Vogel on behalf of Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Vogel, Kristen)
April 30, 2018	Filing 265 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Jennifer Suh on behalf of Jose Quezada (Suh, Jennifer)
April 27, 2018	Filing 264 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Dina Rachelle Hoffer on behalf of Jose Quezada (Hoffer, Dina)
April 27, 2018	Filing 263 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by James Charles Fitzpatrick on behalf of Jose Quezada (Fitzpatrick, James)
April 26, 2018	Filing 262 RULINGS ON MOTIONS IN LIMINE: granting in part and denying in part #240 Motion in Limine; with respect to #242 Motion in Limine. In his first motion, Plaintiff asks that the Court exclude evidence regarding prior convictions and disciplinary proceedings of Plaintiff and other inmate witnesses. The motion is GRANTED in part and DENIED in part. In their first motion, Defendants ask that the Court exclude Plaintiff's letters and grievances. This motion is DENIED. Four of Plaintiff's claims allege that several Defendants retaliated against him for use of the inmate grievance process in violation of the First Amendment. Thus, the letters and grievances are an essential part of Plaintiff's case and will not be excluded. In their fourth motion, Defendants seek to preclude Plaintiff from introducing a description of Defendant Macisaac 's tattoos. Without the benefit of reading the tattoo description (currently marked as PX-73 in the parties' Proposed Joint Pretrial Order (Dkt. No. 233)) and seeing photographs of the tattoos (currently marked as PX-74), the Court does not have enough information to rule on the motion. I am, therefore, RESERVING on this motion, and will decide it orally at the Final Pretrial Conference where I will have the benefit of the exhibits, and as further set forth in this order. (Signed by Judge Colleen McMahon on 4/26/2018) (ap) Modified on 4/27/2018 (ap).
April 18, 2018	Filing 261 CERTIFICATE OF SERVICE of Writ of Habeas Corpus Ad Testificandum regarding Philip Robinson served on Green Haven Correctional Facility and Metropolitan Correctional Center on April 18, 2018. Service was made by Mail. Document filed by Jose Quezada. (Smith, Dustin)
April 18, 2018	Filing 260 CERTIFICATE OF SERVICE of Writ of Habeas Corpus Ad Testificandum regarding Salvatore Dagnone served on Five Points Correctional Facility and Metropolitan Correctional Facility on April 18, 2018. Service was made by Mail. Document filed by Jose Quezada. (Smith, Dustin)
April 18, 2018	Filing 259 CERTIFICATE OF SERVICE of Writ of Habeas Corpus Ad Testificandum served on Federal Bureau of Prisons, Metropolitan Correctional Center of New York, and FCI Hazelton on April 18, 2018. Service was made by Mail. Document filed by Jose Quezada. (Smith, Dustin)
April 17, 2018	Filing 258 Writ of Habeas Corpus ad Testificandum Issued as to Salvatore Dagnone for 05/04/2018. (Signed by Clerk of Court Ruby Krajick on 04/17/2018. Picked up by Hughes Hubbard & Reed LLP for Dustin Philip Smith for service upon John Colvin, Superintendent of Five Points Correctional Facility, and Lamine N'Diaye, Warden of the Metropolitan Correction Center. Michael Greco, United States Marshall was served by the Court. (dt)
April 17, 2018	Filing 257 Writ of Habeas Corpus ad Testificandum Issued as to Jose Quezada for 05/04/2018. (Signed by Clerk of Court Ruby Krajick on 04/17/2018. Picked up by Hughes Hubbard & Reed LLP for Dustin Philip Smith for service upon Leonardo Oddo, Warden of Hazelton Federal Correctional Institutional, Federal Bureau of Prisons, and Lamine N'Diaye, Warden of the Metropolitan Correction Center. Michael Greco, United States Marshall was served by the Court. (dt)
April 17, 2018	Filing 256 Writ of Habeas Corpus ad Testificandum Issued as to Philip Robinson for 05/04/2018. (Signed by Clerk of Court Ruby Krajick on 04/17/2018. Picked up by Hughes Hubbard & Reed LLP for Dustin Philip Smith for service upon Jamie Lamanna, Superintendent of Green Haven Correctional Facility, and Lamine N'Diaye, Warden of the Metropolitan Correction Center. Michael Greco, United States Marshall was served by the Court. (dt) .
April 17, 2018	Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Jose Quezada on 4/17/2018. (nb)
April 17, 2018	Request for Copies/Transcripts/Docket Sheet Processed: Mailed letter to Juan Jose Araujo Severino, a/k/a Jose Quezada, Reg. #84112-054 at Federal Correctional Institution-Hazelton, PO Box 5000, Bruceton Mills, WV 26525 advising that copy/copies of the Docket Sheet requested will be furnished upon receipt of the statutory fee of $2.50 in the form of a company check, certified check or money order payable to the Clerk of the Court, SDNY. (jri)
April 16, 2018	Filing 255 LETTER from Jose Quezada dated 4/10/18 re: Plaintiff requests that the Court provide him with a copy of the updated docket sheet in this case, and a copy of any pretrial conference etc. Document filed by Jose Quezada.(sc)
April 16, 2018	Request for Copy of updated Docket Sheet Received: Re #255 Letter. Request for Docket Report, copy of pretrial conference from Jose Quezada received on 4/16/18. Transmission to Records Management for processing copy of pretrial conference and Transmission to Pro Se Assistants for processing docket sheet. (sc)
April 16, 2018	Filing 254 MEMORANDUM OF LAW in Opposition re: #242 MOTION in Limine . . Document filed by Jose Quezada. (Smith, Dustin)
April 16, 2018	Filing 253 MEMORANDUM OF LAW in Opposition re: #240 MOTION in Limine . . Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Exhibit A- Judgment in a Criminal Case)(Dawkins, Julinda)
April 11, 2018	Filing 252 LETTER addressed to Judge Colleen McMahon from Dustin P. Smith dated 04/11/2018 re: Writs of Habeas Corpus Ad Testificandum for Inmate Witnesses. Document filed by Jose Quezada. (Attachments: #1 [Proposed] Writ of Habeas Corpus Ad Testificandum - Philip Robinson, #2 [Proposed] Writ of Habeas Corpus Ad Testificandum - Salvatore A. Dagnone)(Smith, Dustin)
April 11, 2018	Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 4/11/2018. (Submitted by Ebony Ray).
April 10, 2018	Filing 251 ORDER SCHEDULING CONFERENCE CALL: I am today signing the writ. I have altered the date by which Mr. Quezada should arrive in New York so as to accommodate the new trial date. I await the plaintiff's response to the Attorney General's in limine motions. My deputy clerk will call you to see if there are any other matters that need to be taken up immediately; if there are, I will set up a conference call for tomorrow. (Signed by Judge Colleen McMahon on 4/10/2018) (kgo) Modified on 5/29/2018 (kgo).
April 10, 2018	Filing 250 MEMO ENDORSEMENT on re: #249 Letter, filed by Jason C. Brothers, John E. Henschel, Ronald Corbin, Jeffrey M. Tokarz, Thomas D. Melville, Lori Badger, Matthew L. Filipponi, Anthony M. Cefaloni, Michael F. Mryzglod, Brenda L Surber, Tracy K. Alexander, Sonya Rojas, Jeffrey W. Macisaac. ENDORSEMENT: Parties are to appear by telephone tomorrow for a conference, 4/11/18 @ 10:30 AM. Mrs. Durden to initiate call to chambers with both sides on the phone. ( Telephone Conference set for 4/11/2018 at 10:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 4/10/2018) (kgo)
April 9, 2018	Filing 249 LETTER addressed to Judge Colleen McMahon from Julinda Dawkins dated April 9, 2018 re: Plaintiff's Writ of habeas corpus ad testificandum. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Exhibit Order re: 13 cv 885)(Dawkins, Julinda)
April 9, 2018	Filing 248 AMENDED TRIAL NOTICE: Please take notice that the above captioned matter has been re-scheduled for a Final Pretrial Conference before the Honorable Colleen McMahon, United States District Judge, on Tuesday, May 1, 2018 at 10: 00 a.m., in courtroom 24A, at the U.S. District Courthouse, 500 Pearl Street, New York, New York 10007. Trial has been re-scheduled for Monday, May 7, 2018 at 9:30 a.m. Parties are directed to file all trial documents required by Judge McMahon's Individual Practices. Originals must be filed in the Clerk's Office and courtesy copies are to be provided to chambers. Any scheduling difficulties must be brought to the attention of the Court in writing. Final Pretrial Conference set for 5/1/2018 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Jury Trial set for 5/7/2018 at 09:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/9/2018) (kgo)
April 6, 2018	Filing 247 DECLARATION of Dustin P. Smith in Support re: #245 MOTION for Writ of Habeas Corpus ad testificandum as to Leonard Oddo .. Document filed by Jose Quezada. (Attachments: #1 Exhibit A)(Smith, Dustin)
April 6, 2018	Filing 246 MEMORANDUM OF LAW in Support re: #245 MOTION for Writ of Habeas Corpus ad testificandum as to Leonard Oddo . . Document filed by Jose Quezada. (Smith, Dustin)
April 6, 2018	Filing 245 MOTION for Writ of Habeas Corpus ad testificandum as to Leonard Oddo . Document filed by Jose Quezada. (Attachments: #1 Text of Proposed Order)(Smith, Dustin)
April 6, 2018	Filing 244 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #245) - NOTICE of Application for Writ of Habeas Corpus Ad Testificandum as to Leonard Oddo. Document filed by Jose Quezada. (Smith, Dustin) Modified on 4/10/2018 (ldi).
April 2, 2018	Filing 243 MEMORANDUM OF LAW in Support re: #242 MOTION in Limine . . Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Dawkins, Julinda)
April 2, 2018	Filing 242 MOTION in Limine . Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Dawkins, Julinda)
April 2, 2018	Filing 241 MEMORANDUM OF LAW in Support re: #240 MOTION in Limine . . Document filed by Jose Quezada. (Smith, Dustin)
April 2, 2018	Filing 240 MOTION in Limine . Document filed by Jose Quezada.(Smith, Dustin)
March 23, 2018	Filing 239 NOTICE of Plaintiff's Proposed Verdict Form. Document filed by Jose Quezada. (Smith, Dustin)
March 23, 2018	Filing 238 REQUEST TO CHARGE. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Dawkins, Julinda)
March 23, 2018	Filing 237 PROPOSED VOIR DIRE QUESTIONS. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Dawkins, Julinda)
March 23, 2018	Filing 236 PROPOSED JURY INSTRUCTIONS. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Dawkins, Julinda)
March 23, 2018	Filing 235 PROPOSED VOIR DIRE QUESTIONS. Document filed by Jose Quezada.(Smith, Dustin)
March 23, 2018	Filing 234 PROPOSED JURY INSTRUCTIONS. Document filed by Jose Quezada.(Smith, Dustin)
March 23, 2018	Filing 233 JOINT PRELIMINARY TRIAL REPORT. Document filed by Jose Quezada.(Smith, Dustin)
March 19, 2018	Filing 232 MEMO ENDORSEMENT: on re: #230 LETTER MOTION for Extension of Time to File Joint Pretrial Order addressed to Judge Colleen McMahon from AAG Daphna Frankel dated March 14, 2018, filed by Jason C. Brothers, John E. Henschel, Ronald Corbin, Jeffrey M. Tokarz, Thomas D. Melville, Lori Badger, Matthew L. Filipponi, Anthony M. Cefaloni, Michael F. Mryzglod, Brenda L Surber, Tracy K. Alexander, Sonya Rojas, Jeffrey W. Macisaac. ENDORSEMENT: OK-last extension. (Joint Pretrial Order due by 3/23/2018.) (Signed by Judge Colleen McMahon on 3/19/2018) (ap)
March 16, 2018	Filing 231 ORDER granting #230 Letter Motion for Extension of Time to File Joint pretrial order. Extension granted. (Signed by Judge Colleen McMahon on 3/16/2018) (kgo)
March 16, 2018	Set/Reset Deadlines: Pretrial Order due by 3/23/2018. (kgo)
March 14, 2018	Filing 230 LETTER MOTION for Extension of Time to File Joint Pretrial Order addressed to Judge Colleen McMahon from AAG Daphna Frankel dated March 14, 2018. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Frankel, Daphna)
March 8, 2018	Filing 229 NOTICE OF APPEARANCE by Daphna Frankel on behalf of Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Frankel, Daphna)
January 24, 2018	Filing 228 ORDER granting #227 Letter Motion for Extension of Time. OK. Motions due by 4/2/2018. Pretrial Order due by 3/16/2018. (Signed by Judge Colleen McMahon on 1/24/2018) (kgo)
January 24, 2018	Set/Reset Deadlines: Responses due by 4/16/2018 (kgo)
January 23, 2018	Filing 227 JOINT LETTER MOTION for Extension of Time to submit the Joint Pretrial Order addressed to Judge Colleen McMahon from Dustin P. Smith and Julinda Dawkins dated 01/23/2018. Document filed by Jose Quezada.(Smith, Dustin)
December 18, 2017	Filing 226 TRIAL NOTICE: Please take notice that the above captioned matter has been scheduled for a Final Pretrial Conference before the Honorable Colleen McMahon, United States District Judge, on Friday, May 4, 2018 at 11:00 a.m., in courtroom 24A, at the U.S. District Courthouse, 500 Pearl Street, New York, New York 10007. Trial has been scheduled for Monday, May 14, 2018 at 9:30 a.m. Parties are directed to file all trial documents required by Judge McMahon's Individual Practices. Originals must be filed in the Clerk's Office and courtesy copies are to be provided to chambers. Any scheduling difficulties must be brought to the attention of the Court in writing. Final Pretrial Conference set for 5/4/2018 at 11:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Jury Trial set for 5/14/2018 at 09:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 12/18/2017) Copies Mailed By Chambers. (kgo)
December 14, 2017	Filing 225 DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT granting in part and denying in part #207 Motion for Summary Judgment. For the reasons set forth herein, Defendants' motion is granted in part and denied in part. This constitutes the decision and order of the Court. The parties are directed to confer and submit a joint pretrial order in compliance with the Court's Individual Rules no later than sixty days after entry of this decision. The Clerk of the Court is directed to remove Dkt. No. 207 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 12/14/2017) (kgo)
July 21, 2017	Filing 224 JOINT STIPULATION DISMISSING CERTAIN CLAIMS: The Parties hereby agree as follows: 1. The Dismissed Claims are dismissed with prejudice. 2. Evidence that may be relevant and admissible to a Surviving Claim shall not be deemed inadmissible simply because it is also relevant to a Dismissed Claim. This Stipulation may be executed in any number of counterparts, all of which taken together shall constitute one Stipulation, and may be executed by facsimile signature. (Signed by Judge Colleen McMahon on 7/21/2017) (kgo)
July 10, 2017	Filing 223 REPLY MEMORANDUM OF LAW in Support re: #207 MOTION for Summary Judgment Partial. . Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Dawkins, Julinda)
June 30, 2017	Filing 222 ORDER granting #221 Letter Motion for Extension of Time to File Response/Reply. Extension Granted. Replies due by 7/10/2017. (Signed by Judge Colleen McMahon on 6/30/2017) (kgo)
June 30, 2017	Filing 221 LETTER MOTION for Extension of Time to File Response/Reply as to #218 Memorandum of Law in Opposition to Motion Partial Summary Judgment addressed to Judge Colleen McMahon from Julinda Dawkins dated June 30, 2017. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Dawkins, Julinda)
June 27, 2017	Filing 220 DECLARATION of Dustin P. Smith in Opposition re: #207 MOTION for Summary Judgment Partial.. Document filed by Jose Quezada. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit)(Smith, Dustin)
June 27, 2017	Filing 219 COUNTER STATEMENT TO #212 Rule 56.1 Statement,. Document filed by Jose Quezada. (Smith, Dustin)
June 27, 2017	Filing 218 MEMORANDUM OF LAW in Opposition re: #207 MOTION for Summary Judgment Partial. . Document filed by Jose Quezada. (Smith, Dustin)
June 5, 2017	Filing 217 ORDER granting #216 Letter Motion for Extension of Time to File Response/Reply. OK. Responses due by 6/27/2017. (Signed by Judge Colleen McMahon on 6/5/2017) (kgo)
June 1, 2017	Filing 216 LETTER MOTION for Extension of Time to File Response/Reply as to #207 MOTION for Summary Judgment Partial. addressed to Judge Colleen McMahon from Dustin P. Smith dated 06/01/2017. Document filed by Jose Quezada.(Smith, Dustin)
May 17, 2017	Filing 215 ORDER granting #214 Letter Motion for Extension of Time to File Response/Reply re #207 MOTION for Summary Judgment Partial. OK. (Responses due by 6/6/2017.) (Signed by Judge Colleen McMahon on 5/17/2017) (anc)
May 17, 2017	Filing 214 LETTER MOTION for Extension of Time to File Response/Reply as to #207 MOTION for Summary Judgment Partial. addressed to Judge Colleen McMahon from Dustin P. Smith dated 05/17/2017. Document filed by Jose Quezada.(Smith, Dustin)
May 16, 2017	Filing 213 ORDER: Accordingly, the Court is unable to entertain the parties' controversy. Therefore, the plaintiff's request, for relief from the Court, is denied. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/16/2017) (anc)
May 8, 2017	Filing 212 RULE 56.1 STATEMENT. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Dawkins, Julinda)
May 8, 2017	Filing 211 DECLARATION of Julinda Dawkins in Support re: #207 MOTION for Summary Judgment Partial.. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Dawkins, Julinda)
May 8, 2017	Filing 210 DECLARATION of Donald Wilkins in Support re: #207 MOTION for Summary Judgment Partial.. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Dawkins, Julinda)
May 8, 2017	Filing 209 DECLARATION of Karen Bellamy in Support re: #207 MOTION for Summary Judgment Partial.. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Dawkins, Julinda)
May 8, 2017	Filing 208 MEMORANDUM OF LAW in Support re: #207 MOTION for Summary Judgment Partial. . Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Dawkins, Julinda)
May 8, 2017	Filing 207 MOTION for Summary Judgment Partial. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Dawkins, Julinda)
April 20, 2017	Filing 206 ORDER granting #205 Letter Motion for Extension of Time. Extension granted. otion for summary judgment due May 8, 2017. Motions due by 5/8/2017. (Signed by Judge Colleen McMahon on 4/20/2017) (kgo)
April 20, 2017	Filing 205 LETTER MOTION for Extension of Time to submit defendants' motion for summary judgment addressed to Judge Colleen McMahon from Julinda Dawkins dated April 20, 2017. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Dawkins, Julinda)
March 22, 2017	Terminate Transcript Deadlines re: #194 . (anc)
February 24, 2017	Filing 204 ORDER granting #203 Letter Motion for Extension of Time. Extension granted. Any motion for summary judgment must now be filed by April 24, 2017. Motions due by 4/24/2017. (Signed by Judge Colleen McMahon on 2/24/2017) (kgo)
February 24, 2017	Filing 203 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Julinda Dawkins dated February 24, 2017. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Dawkins, Julinda)
February 23, 2017	Terminate Transcript Deadlines re: #189 . (anc)
January 11, 2017	Filing 202 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #201 Motion to Withdraw as Attorney. On this day came for consideration the Motion to Withdraw as Counsel of Savvas A. Foukas for plaintiff Jose Quezada. Having considered the motion, the Court finds that it should be and is hereby GRANTED. Accordingly, it is ORDERED that Savvas A. Foukas is hereby withdrawn as counsel of record and shall be removed from all future notices in this lawsuit. Attorney Savvas Antonios Foukas terminated. (Signed by Judge Colleen McMahon on 1/11/2017) (kgo)
January 6, 2017	Filing 201 MOTION for Savvas A. Foukas to Withdraw as Attorney . Document filed by Jose Quezada. (Attachments: #1 Declaration of Savvas A. Foukas, #2 Text of Proposed Order)(Foukas, Savvas)
January 6, 2017	Filing 200 NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Jose Quezada. (Hayes, Vilia)
December 28, 2016	Filing 199 NOTICE OF APPEARANCE by Julinda A. Dawkins on behalf of Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Dawkins, Julinda)
December 22, 2016	Filing 198 ORDER granting #197 Letter Motion for Extension of Time, to January 27, 2017, for completing pretrial discovery activities respecting Ronald Corbin. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
December 22, 2016	Filing 197 LETTER MOTION for Extension of Time to depose defendant Corbin addressed to Magistrate Judge Kevin Nathaniel Fox from Samuel Yaggy dated December 22, 2016. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Yaggy, Samuel)
December 13, 2016	Filing 196 ORDER: The Court convened a telephonic conference with the parties on November 22, 2016. Thereafter, the defendants submitted to the Court, for in camera review, the above-referenced employee manual in its redacted and unredacted form. The Court has reviewed the employee manual and has determined that the following sections of that document withheld previously from disclosure to the plaintiff are to be disclosed to him. (As further set forth in this Order.) The disclosure of the sections of the employee manual identified above must be made by the defendants to the plaintiff on or before December 15, 2016. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/13/2016) (cf)
December 12, 2016	Filing 195 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 11/22/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tn)
December 12, 2016	Filing 194 TRANSCRIPT of Proceedings re: Telephone Conference held on 11/22/2016 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2017. Redacted Transcript Deadline set for 1/12/2017. Release of Transcript Restriction set for 3/13/2017.(tn)
November 22, 2016	Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 11/22/2016. (Midwood, Laura)
November 21, 2016	Filing 193 ORDER granting #192 Letter Motion to Adjourn Conference. Telephone Conference set for 11/22/2016 at 05:00 PM before Magistrate Judge Kevin Nathaniel Fox. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
November 21, 2016	Filing 192 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Samuel Yaggy dated November 21, 2016. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Yaggy, Samuel)
November 18, 2016	Filing 191 ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on November 22, 2016, at 11:00 a.m. Counsel to the plaintiff shall initiate the telephone conference. (Telephone Conference set for 11/22/2016 at 11:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/18/2016) (cla)
November 14, 2016	Filing 190 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 8/18/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tn)
November 14, 2016	Filing 189 TRANSCRIPT of Proceedings re: Telephone Conference held on 8/18/2016 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/8/2016. Redacted Transcript Deadline set for 12/19/2016. Release of Transcript Restriction set for 2/15/2017.(tn)
November 3, 2016	Filing 188 MEMO ENDORSEMENT on re: #183 Letter, filed by Jason C. Brothers, John E. Henschel, Ronald Corbin, Jeffrey M. Tokarz, Thomas D. Melville, Lori Badger, Matthew L. Filipponi, Anthony M. Cefaloni, William A. Lee, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Brenda L Surber, Tracy K. Alexander, Sonya Rojas, John L. Conforti, Jeffrey W. Macisaac. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/2/2016) (kl)
November 3, 2016	Filing 187 SEALED DOCUMENT placed in vault.(mps)
November 2, 2016	Filing 186 DECLARATION of Ronald Robbins in Support re: #180 LETTER MOTION for Extension of Time to Provide a Declaration from Defendant Corbin's Psychologist addressed to Magistrate Judge Kevin Nathaniel Fox from Samuel Yaggy dated October 19, 2016.. Document filed by Ronald Corbin. (Yaggy, Samuel)
November 2, 2016	Filing 185 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Dustin P. Smith dated 11/2/2016 re: Response to the October 28, 2016 Declaration of Dr. Ronald Robbins, and in further opposition to the October 7, 2016 letter from Defendants' counsel requesting a pre-motion conference. Document filed by Jose Quezada.(Smith, Dustin)
November 2, 2016	Filing 184 SEALED DOCUMENT placed in vault.(mps)
November 2, 2016	Filing 183 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Samuel Yaggy dated November 2, 2016 re: Plaintiff's Fax dated 10/27/16. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Yaggy, Samuel)
October 28, 2016	Filing 182 DECLARATION of Ronald Robbins in Support re: #180 LETTER MOTION for Extension of Time to Provide a Declaration from Defendant Corbin's Psychologist addressed to Magistrate Judge Kevin Nathaniel Fox from Samuel Yaggy dated October 19, 2016.. Document filed by Ronald Corbin. (Yaggy, Samuel)
October 20, 2016	Filing 181 ORDER granting #180 Letter Motion for Extension of Time, to October 28, 2016, for the defendants to submit an affidavit prepared by Dr. Ronald Robbins. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
October 19, 2016	Filing 180 LETTER MOTION for Extension of Time to Provide a Declaration from Defendant Corbin's Psychologist addressed to Magistrate Judge Kevin Nathaniel Fox from Samuel Yaggy dated October 19, 2016. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Yaggy, Samuel)
October 13, 2016	Filing 179 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from 10/13/2016 dated 10/7/2016 re: Request for extension of discovery deadline and pre-motion conference. ENDORSEMENT: On or before October 20, 2016, counsel to defendant Ronald Corbin ("Corbin") shall provide the Court with an affidavit from Corbin's treating psychologist setting forth his or her diagnosis of Corbin and the facts that explain the psychologist's conclusion that "a deposition would be detrimental to [Corbin's] health." The affidavit shall be filed under seal. A redacted copy of the affidavit, which shields Corbin's mental health-related data, shall be filed for access by the public and a courtesy copy of the unredacted affidavit shall be sent to the Court's chambers. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/13/2016) (kgo)
October 12, 2016	Filing 178 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Dustin P. Smith dated 10/12/2016 re: Response to Defendants' October 7, 2016 letter requesting a third extension of the fact discovery deadline and for a pre-motion conference. Document filed by Jose Quezada.(Smith, Dustin)
September 21, 2016	Filing 177 ORDER FOR THE DEPOSITION OF THE PLAINTIFF: IT IS HEREBY ORDERED that an Assistant Attorney General may take the deposition of plaintiff Jose Quezada, 04A3690, before a notary public, or some other officer authorized to administer oaths by the laws of the United States or of the State of New York, at any New York State Correctional Facility, upon notice to the plaintiff and Superintendent of the correctional facility where he is located, and Plaintiff is further advised that if he fails to attend and complete his own deposition, the court may impose sanctions pursuant to Fed. R. Civ. P. 37(d), which may include an order dismissing the complaint in this action. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/21/2016) (cf)
September 20, 2016	Filing 176 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Samuel Yaggy dated September 20, 2016 re: Plaintiff's deposition. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Proposed Order)(Yaggy, Samuel)
September 20, 2016	Filing 175 ORDER: It is ORDERED: (1) that the Superintendent or other official in charge of Green Haven Correctional Facility produce inmate Salvatore Dagnone, Inmate No. 89-A-9751, for the taking of his in-person deposition at Green Haven Correctional Facility on October 7, 2016, at 10 a.m.; and (2) that inmate Salvatore Dagnone, Inmate No. 89-A-9751, appear so that his deposition may be taken. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/19/2016) (kgo)
September 20, 2016	Filing 174 ORDER: It is ORDERED: (1) that the Superintendent or other official in charge of Green Haven Correctional Facility produce inmate Phil Robinson, Inmate No. 95-A-4867, for the taking of his in-person deposition at Green Haven Correctional Facility on October 7, 2016, at 10 a.m.; and (2) that inmate Phil Robinson, Inmate No. 95-A-4867, appear so that his deposition may be taken. Deposition due by 10/7/2016. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/19/2016) (kgo)
September 19, 2016	Filing 173 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Dustin P. Smith dated 09/15/2016 re: Request for leave to take the depositions of two third-party inmate witnesses. Document filed by Jose Quezada.(Smith, Dustin)
September 19, 2016	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Dustin Philip Smith to RE-FILE Document #172 LETTER MOTION for Discovery addressed to Magistrate Judge Kevin Nathaniel Fox from Dustin P. Smith dated 9/15/2016. Use the event type Letter found under the event list Other Documents. (db)
September 15, 2016	Filing 172 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery addressed to Magistrate Judge Kevin Nathaniel Fox from Dustin P. Smith dated 9/15/2016. Document filed by Jose Quezada.(Smith, Dustin) Modified on 9/19/2016 (db).
September 14, 2016	Filing 171 ORDER granting #169 Letter Motion for Extension of Time to Complete Discovery; granting #170 Letter Motion for Extension of Time to Complete Discovery. Extension to 10/14/2016 granted. Discovery due by 10/14/2016. (Signed by Judge Colleen McMahon on 9/14/2016) (kgo)
September 13, 2016	Filing 170 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Colleen McMahon from Samuel Yaggy dated September 13, 2016. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Yaggy, Samuel)
September 9, 2016	Filing 169 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Kevin Nathaniel Fox from Samuel Yaggy dated September 9, 2016. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz.(Yaggy, Samuel)
August 19, 2016	Filing 168 ORDER: that the telephone conference scheduled previously in the above-captioned action for September 21, 2016, is cancelled. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/18/2016) (tn)
August 18, 2016	Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 8/18/2016. (Midwood, Laura)
August 17, 2016	Filing 167 ORDER: Telephone Conference set for 9/21/2016 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox. Counsel to the plaintiff shall initiate the call to (212) 805-6705. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/16/2016) (tn)
August 12, 2016	Filing 166 ORDER granting #165 Letter Motion for Conference. A telephonic conference will be held with the parties on August 18, 2016, at 9:30 a.m. Counsel to the plaintiff will initiate the telephonic conference and will engage the Court at (212) 805-6710. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
August 8, 2016	Filing 165 LETTER MOTION for Conference regarding discovery disputes addressed to Magistrate Judge Kevin Nathaniel Fox from Dustin P. Smith dated 08/08/2016. Document filed by Jose Quezada.(Smith, Dustin)
July 5, 2016	Filing 164 ORDER granting #163 Letter Motion for Extension of Time to Complete Discovery. Both requests are GRANTED. Please refer to assigned Magistrate Judge for discovery only. Discovery due by 9/16/2016. (Signed by Judge Colleen McMahon on 7/5/2016) Copies Mailed By Chambers. (kgo) Modified on 7/5/2016 (kgo).
July 5, 2016	NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Kevin Nathaniel Fox. Please note that this is a reassignment of the designation only. (wb)
July 5, 2016	CASE REFERRED to Magistrate Judge for Discovery. Referred to Magistrate Judge Magistrate Judge Kevin Nathaniel Fox. (kgo)
June 30, 2016	Filing 163 LETTER MOTION for Extension of Time to Complete Discovery and for referral to the Assigned Magistrate Judge to Resolve Certain Discovery Issues addressed to Judge Colleen McMahon from Dustin P. Smith dated 6/30/2016. Document filed by Jose Quezada.(Smith, Dustin)
May 18, 2016	Filing 162 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Colleen McMahon on 5/17/2016) (kko)
February 5, 2016	Filing 161 NOTICE OF APPEARANCE by Dustin Philip Smith on behalf of Jose Quezada. (Smith, Dustin)
February 5, 2016	Filing 160 NOTICE OF APPEARANCE by Savvas Antonios Foukas on behalf of Jose Quezada. (Foukas, Savvas)
February 5, 2016	Filing 159 NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Jose Quezada. (Smith, Dustin)
February 5, 2016	Filing 158 NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Jose Quezada. (Foukas, Savvas)
December 14, 2015	Filing 157 ORDER GRANTING PRO BONO COUNSEL FOR LIMITED DISCOVERY granting #156 Application for the Court to Request Counsel. The Court directs that the Clerk of Court seek pro bono counsel to enter a limited appearance for the purpose of conducting certain document discovery and depositions ("Limited Discovery Counsel") in the above-captioned action. Limited Discovery Counsel will file a Notice of Limited Appearance as Limited Discovery Counsel. The court would like for discovery to be concluded by July 31, 2016. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/14/2015) Copies Mailed By Chambers. (kgo)
December 14, 2015	Set/Reset Deadlines: Discovery due by 7/31/2016. (kgo)
November 2, 2015	Filing 156 APPLICATION FOR THE COURT TO REQUEST COUNSEL. Document filed by Jose Quezada.(sc)
November 2, 2015	Filing 155 DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL. Document filed by Jose Quezada. (sc)
November 2, 2015	Filing 154 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR THE APPOINTMENT OF COUNSEL. Document filed by Jose Quezada. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(sc)
October 28, 2015	Filing 153 SUPPLEMENTAL ORDER DENYING MOTION FOR QUALIFIED IMMUNITY DISMISSING PLAINTIFF'S DUE PROCESS CLAIM AGAINST DEFENDANTS MACISAAC AND FILIPPONI. To the extent Defendants sought summary judgment on grounds of qualified immunity for this claim, that motion is denied. (Signed by Judge Alison J. Nathan on 10/28/2015) Copies Mailed By Chambers. (rjm)
October 22, 2015	Filing 152 LETTER addressed to Judge Colleen McMahon from Samuel Yaggy dated 10/22/15 re: Plaintiff's Due Process Claim against Defendants Macisaac and Cefaloni. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Declaration of Service, #2 NDNY Docket as of 10/22/15)(Yaggy, Samuel)
October 16, 2015	Filing 151 LETTER from Jose Quezada dated 10/6/15 re: Plaintiff requests that the Court reconsider the plaintiff's application for the Court to appoint a counsel, submitted on 5/7/15 (Document #2). Document filed by Jose Quezada.(sc)
October 14, 2015	Filing 150 ANSWER to #26 Amended Complaint,, with JURY DEMAND. Document filed by William A. Lee, Stephanie Mrysglod, Kevin O'Connor. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
October 13, 2015	Filing 149 MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT: For the foregoing reasons, the motion for summary judgment is granted in part and denied in part. The Clerk has already been directed to close this motion. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 10/13/2015) Copies Mailed By Chambers. (kgo)
September 30, 2015	Filing 148 ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT denying #83 Motion for Summary Judgment. The motion for partial summary judgment dismissing discrete portions of the amended complaint is DENIED, on the ground that none of the arguments propounded by the Attorney General addresses qualified immunity, rather than either the sufficiency of the pleading under Twombly/Iqbal or the merits. The one limited qualified immunity argument actually articulated by the state, addressed to Plaintiff's First Amendment access to courts claims, is not raised until the Reply Brief, which means the court should not consider it. Knipe v. Skinner, 999 F.2d 708, 710 (2d Cir. 1993). Dismissal is without prejudice to Defendants' raising arguments that are not appropriately raised on a qualified immunity motion on a proper, post-answer motion for summary judgment. A full opinion will follow. The clerk should remove the motion at docket number #83 from the court's list of active motions. (Signed by Judge Colleen McMahon on 9/30/2015) Copies Mailed By Chambers. (kgo)
September 28, 2015	Filing 147 PRO SE MEMORANDUM(Letter) dated 9/24/15 re: CHANGE OF ADDRESS for Jose Quezada. New Address: DIN#04A3690, Five Points C.F., P.O. 119, Romulus, New York, 14541. (sc)
September 18, 2015	Filing 146 MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS granting in part and denying in part #80 Motion to Dismiss. For the foregoing reasons, Defendants' motion to dismiss for lack of personal involvement is granted with respect to Defendants Richard Roy, Raymond Koskowski, Edward Burnett, and Keith Schmitt, and denied with respect to Defendants William Lee, Kevin O'Connor, and Stephanie Mryzglod. Defendants Lee, 0' Connor, and Mryzglod have made a separate motion for summary judgment on the ground of qualified immunity; I will address that issue in another opinion. The Clerk of the Court is directed to remove Docket #80 from the Court's list of pending motions. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 9/18/2015) Copies Mailed By Chambers. (kgo)
September 4, 2015	Filing 145 REPLY AFFIRMATION of Samuel Yaggy in Support re: #83 MOTION for Summary Judgment on Grounds of Qualified Immunity Pursuant to Individual Practice Rule IV(E)(iii).. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Civil Docket, #2 Notice of Deposition, #3 Errata Sheet, #4 Declaration of Service)(Yaggy, Samuel)
September 4, 2015	Filing 144 REPLY MEMORANDUM OF LAW in Support re: #83 MOTION for Summary Judgment on Grounds of Qualified Immunity Pursuant to Individual Practice Rule IV(E)(iii). . Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
September 4, 2015	Filing 143 REPLY MEMORANDUM OF LAW in Support re: #80 MOTION to Dismiss . . Document filed by Edward Burnett, Raymond Koskowski, William A. Lee, Stephanie Mrysglod, Kevin O'Connor, Richard Roy, Keith Schmitt. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
August 25, 2015	Filing 142 ANSWER to #26 Amended Complaint,, with JURY DEMAND. Document filed by Tracy K. Alexander. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
August 25, 2015	Filing 141 JOINDER to join re: #83 MOTION for Summary Judgment on Grounds of Qualified Immunity Pursuant to Individual Practice Rule IV(E)(iii). . Document filed by Tracy K. Alexander. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
July 31, 2015	Filing 139 LETTER addressed to Judge Colleen McMahon from Jose Quezada, dated 7/24/15 re: Plaintiff informs the Court that there were some "Appendix" missing from his response to defendants' motion to dismiss plaintiff's complaint (mailed on 7/16/15), because a correctional officer and supervisor destroyed these documents on 6/15/15 in retaliation for this suit; and that the plaintiff submitted to the Court the missing appendix to be placed in the "appendix" packet (as indicated). Document filed by Jose Quezada.(sc)
July 29, 2015	Filing 138 ORDER granting #133 Letter Motion for Extension of Time to File Response/Reply. This motion is on the court's "six months" list and must be decided before 9/30/2015. I will not strike Mr. Quezada's papers, I will give the Dft until 9/4 but will start work on the motion sooner. 15 pages per brief. Replies due by 9/4/2015. (Signed by Judge Colleen McMahon on 7/29/2015) Copies Mailed By Chambers. (kgo) Modified on 7/29/2015 (kgo).
July 28, 2015	Filing 140 AFFIRMATION of Jose Quezada in Opposition re: #80 MOTION to Dismiss . Document filed by Jose Quezada. (Attachments: #1 Main Document, #2 Main Document, #3 Main Document, #4 Main Document, #5 Main Document, #6 Main Document, #7 Main Document, #8 Main Document, #9 Main Document, #10 Main Document, #11 Main Document, #12 Main Document, #13 Main Document, #14 Main Document, #15 Main Document, #16 Main Document, #17 Main Document, #18 Main Document, #19 Main Document, #20 Main Document, #21 Main Document, #22 Main Document)(sac)
July 28, 2015	Filing 137 LETTER from Jose Quezada dated 7/16/2015 re: Please find enclose the Plaintiff response to the defendants motion to dismiss and summary judgment Motion. Document filed by Jose Quezada.(rdz)
July 28, 2015	Filing 136 STATEMENT of DISPUTE FACTS PURSUANT TO local rule 56.1. Document filed by Jose Quezada. (rdz)
July 28, 2015	Filing 135 Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment. Document filed by Jose Quezada. (rdz)
July 28, 2015	Filing 134 MEMORANDUM OF LAW in Opposition to Defendants Partial Motion to Dismiss Amended Complaint Pursuant to FRCP 12. Document filed by Jose Quezada. (rdz)
July 28, 2015	Filing 133 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Samuel Yaggy dated July 28, 2015. Document filed by Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
July 8, 2015	Filing 132 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Tracy K. Alexander served on 6/26/2015, answer due 8/25/2015. Service was made by Mail, signed and returned by Samuel Yaggy, Attorney. Document filed by Jose Quezada. (sc)
June 30, 2015	Filing 130 LETTER from Jose Quezada dated 6/24/15 re: Plaintiff requests that the Court issue an order for a stay, so that the plaintiff can file an answer to the defendants' Motion to Dismiss and for Summary Judgment. Document filed by Jose Quezada.(sc)
June 30, 2015	Filing 129 MEMO ENDORSEMENT on re: #127 Letter, filed by Jose Quezada. ENDORSEMENT: OK 20 more days. (Signed by Judge Colleen McMahon on 6/29/2015) Copies Mailed By Chambers. (kgo)
June 26, 2015	Filing 128 LETTER addressed to Judge Colleen McMahon from Samuel Yaggy dated June 26, 2015 re: Acknowledgement of Service by Mail on Defendant Alexander. Document filed by Tracy K. Alexander. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
June 26, 2015	Filing 127 LETTER addressed to Judge Colleen McMahon from Jose Quezada dated 6/22/15 re: Plaintiff requests that the Court grant him an extension of twenty(20) days in which to complete the last motion to answer the defenant's motion for summary judgment. Document filed by Jose Quezada.(sc)
June 16, 2015	Filing 125 LETTER addressed to Judge Colleen McMahon from Jose Quezada, dated 5/6/15 re: Plaintiff requests that the Court grant him permission to file an oversize brief, not exceeding forty(40) pages in length; because, if he cannot get someone in the law library to type the brief, then he is only able to type it in capital letters which are too big. Document filed by Jose Quezada.(sc)
June 10, 2015	Filing 124 ORDER OF SERVICE: Plaintiff, currently incarcerated in Five Points Correctional Facility, is proceeding pro se and informa pauperis. The Court issued a summons for Defendant Tracy Alexander, but the United States Marshals Service was unable to serve Defendant at the address originally provided. To allow service upon this Defendant, the New York State Attorney General has provided the Court with Alexander's present address: Hudson Correctional Facility, East Court Street, P.O. Box 576, Hudson, NY 12534. Accordingly, the Clerk of Court is directed to (1) issue a new summons for Defendant Tracy Alexander; (2) fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for Defendant Alexander at the following address: Hudson Correctional Facility, East Court Street, P.O. Box 576, Hudson, NY 12534: and (3) deliver a service package to the U.S. Marshals Service so that service can be effected upon Defendant Tracy Alexander. (Signed by Judge Colleen McMahon on 6/9/2015) (kgo)
June 10, 2015	SUMMONS ISSUED as to Tracy K. Alexander. (vj)
June 10, 2015	FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 6/10/2015 per the instructions of Judge Colleen McMahon. See #124 Order of Service,,,,. (vj)
June 5, 2015	Minute Entry for proceedings held before Judge Colleen McMahon: Pretrial Conference held on 6/5/2015. Decision: Conference held. Plaintiffs responses to the pending motions to dismiss and for summary judgment are due that is, copies must be received by chambers and by the Attorney General by July 1, 2015. Defendants replies are due July 15, 2015. An order will issue today directing the Marshals Service to serve Defendant Alexander. Plaintiff should send all future correspondence with the court to the pro se office, and not directly to my chambers.Submitted by: Dylan Keenan. (Court Reporter Tom Murray) (mde)
May 11, 2015	Filing 123 LETTER addressed to Judge Colleen McMahon from Jose Quezada, dated 5/1/15 re: Plaintiff respectfully requests that the Court intervene in this case in reference to the ongoing retaliation and harrassment to which the plaintiff has been subjected; and in which his ability to do his legal work is constantly interrupted by some officers (Glasdale and Beener). Document filed by Jose Quezada.(sc)
April 27, 2015	Filing 122 LETTER from Jose Quezada dated 4/20/15 re: Plaintiff requests that the Court provide him with a copy of the updated docket sheet in this case. Document filed by Jose Quezada.(sc)
April 27, 2015	Request for Copy of Docket Sheet Received: Re #122 Letter. Request for Docket Report from Jose Quezada received on 4/27/15. Transmission to Records Management for processing. (sc) Modified on 4/27/2015 (sc).
April 9, 2015	Filing 121 MEMO ENDORSEMENT on re: #118 Letter filed by Richard Roy. ENDORSEMENT: Conference adjourned to Friday, 6/5/15 @ 10:00 AM. (Signed by Judge Colleen McMahon on 4/9/2015) (kgo)
April 9, 2015	Filing 120 ENDORSED LETTER addressed to Judge Colleen McMahon from Jose Quezada dated 4/6/2015 re: I request that the telephone conference proceed as scheduled for April 10, 2015. ENDORSEMENT: Conference re-scheduled to Friday 6/5/15 @ 10:00 AM. (Signed by Judge Colleen McMahon on 4/9/2015) Copies Mailed By Chambers. (kgo)
April 9, 2015	Set/Reset Hearings: Telephone Conference set for 6/5/2015 at 10:00 AM before Judge Colleen McMahon. (kgo)
April 2, 2015	Filing 119 MEMO ENDORSEMENT on re: #118 Letter filed by Richard Roy. ENDORSEMENT: No - in June reschedule, 6/6/15 @ 10:00 AM (Signed by Judge Colleen McMahon on 4/2/2015) (kgo)
April 2, 2015	Set/Reset Hearings: Telephone Conference set for 6/6/2015 at 10:00 AM before Judge Colleen McMahon. (kgo)
March 31, 2015	Filing 118 LETTER addressed to Judge Colleen McMahon from Samuel Yaggy dated March 31, 2015 re: Telephone Conference scheduled for 4/10/15. Document filed by Richard Roy. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
March 27, 2015	Filing 117 ENDORSED LETTER addressed to Judge Colleen McMahon from Jose Quezada dated 3/16/2015 re: Request for an Extension of Time, from 4/2/2015 to 6/2/2015, of the Deadline to Answer the Defendants' Motion to Dismiss and Summary Judgment. ENDORSEMENT: Extension granted. Set Deadlines/Hearing as to #83 MOTION for Summary Judgment on Grounds of Qualified Immunity Pursuant to Individual Practice Rule IV(E)(iii), #80 MOTION to Dismiss: (Responses due by 6/2/2015) (Signed by Judge Colleen McMahon on 3/27/2015) Copies Mailed By Chambers. (kko)
March 12, 2015	Filing 116 PRO SE MEMORANDUM(Letter) dated 3/5/15 re: CHANGE OF ADDRESS for Jose Quezada. New Address: 04A3690, Auburn Corr. Facility, P.O. Box 618, Auburn, New York, 13024. (sc)
March 6, 2015	Filing 115 CALENDAR NOTICE: Please take notice that the above captioned has been scheduled for a telephone conference before the Honorable Colleen McMahon, United States District Judge, on Friday, April 10, 2015 at 10:15 am. Since plaintiff is incarcerated, the Government is to initiate the call with prison officials. Should you have any questions, please call my chambers at (212) 805-6325. Telephone Conference set for 4/10/2015 at 10:15 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/6/2015) (kgo)
March 4, 2015	Filing 113 CERTIFICATE OF SERVICE of Memorandum of Law, Local Rule 56.1 Statement, Local Rule 56.2 Notice, and Supporting Declaration served on Jose Quezada on 3/3/15. Service was made by Mail. Document filed by Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Yaggy, Samuel)
March 4, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Samuel Yaggy to RE-FILE Document #112 Declaration in Support of Motion. (1) Use the event type Certificate of Service Other found under the event list Service of Process. (2) Incomplete Document (i.e., No Court Type, No Parties, No Case Number). (db)
March 3, 2015	Filing 114 PRO SE MEMORANDUM(Letter) dated 2/8/15 re: CHANGE OF ADDRESS for Jose Quezada. New Address: 04A3690, Downstate Corr. Facility, Box F, Red Schoolhouse Rd., Fishkill, New York, 12524. (*Plaintiff requests that the Court grant him an extension of time to answer the defendants' motion to dismiss.) (sc)
March 3, 2015	Filing 112 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Samuel Yaggy (Service) in Support re: #83 MOTION for Summary Judgment on Grounds of Qualified Immunity Pursuant to Individual Practice Rule IV(E)(iii)., #80 MOTION to Dismiss .. Document filed by Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Yaggy, Samuel) Modified on 3/4/2015 (db).
March 3, 2015	Filing 111 NOTICE of TO PRO SE LITIGANT WHO OPPOSES A MOTION FOR SUMMARY JUDGMENT re: #83 MOTION for Summary Judgment on Grounds of Qualified Immunity Pursuant to Individual Practice Rule IV(E)(iii)., #80 MOTION to Dismiss .. Document filed by Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Yaggy, Samuel)
March 3, 2015	Filing 110 RULE 56.1 STATEMENT. Document filed by Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Yaggy, Samuel)
March 3, 2015	Filing 109 DECLARATION of Samuel Yaggy in Support re: #83 MOTION for Summary Judgment on Grounds of Qualified Immunity Pursuant to Individual Practice Rule IV(E)(iii)., #80 MOTION to Dismiss .. Document filed by Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Deposition Excerpts)(Yaggy, Samuel)
March 3, 2015	Filing 108 MEMORANDUM OF LAW in Support re: #83 MOTION for Summary Judgment on Grounds of Qualified Immunity Pursuant to Individual Practice Rule IV(E)(iii)., #80 MOTION to Dismiss . . Document filed by Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Yaggy, Samuel)
March 3, 2015	Filing 107 ORDER denying #105 Letter Motion for Leave to File Excess Pages. Cut out the boilerplate description of qualified immunity law and summary judgment law. I know it, you don't need to brief it - and you will make the page limit (Signed by Judge Colleen McMahon on 3/3/2015) (kgo)
March 2, 2015	Filing 105 LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from Samuel Yaggy dated March 2, 2015. Document filed by Richard Roy. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
February 27, 2015	Filing 106 LETTER addressed to Judge Colleen McMahon from State of New York Department of Corrections & Community Supervision, Auburn Correctional Facility Correspondence Department, dated 2/23/15 re: The Court is notified that legal mail for Jose Quezada( #04A3690) will be held at this facility until the offender returns from a temporary absence. (sc)
February 23, 2015	Filing 104 ORDER granting #101 Letter Motion for Extension of Time. Mr. Quezada has asked for additional time to respond. Mr. Quezada has 30 days from March 3, or until April 2, 2015, to respond. (Signed by Judge Colleen McMahon on 2/19/2015) (kgo)
February 23, 2015	Filing 103 LETTER addressed to Judge Colleen McMahon from Jose Quezada dated 2/9/2015 re: Plaintiff respectfully request an extension to answer defendants motion to dismiss. Document filed by Jose Quezada.(kgo)
February 23, 2015	Set/Reset Deadlines: Responses due by 4/2/2015 (kgo)
February 13, 2015	Filing 102 LETTER addressed to Judge Colleen McMahon from Jose Quezada, dated 2/9/15 re: Plaintiff respectfully requests that the Court grant him an extension of time to answer the defendants' motions to dismiss. Document filed by Jose Quezada.(sc)
February 13, 2015	Filing 101 LETTER MOTION for Extension of Time to Brief Qualified Immunity addressed to Judge Colleen McMahon from Samuel Yaggy dated February 13, 2015. Document filed by Richard Roy. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
February 9, 2015	Filing 100 PRO SE MEMORANDUM(Letter) dated 2/4/15 re: CHANGE OF ADDRESS for Jose Quezada. New Address: DIN#04A3690, Auburn Corr. Facility, P.O. Box 618, Auburn, New York, 13024. (sc)
February 9, 2015	Filing 99 LETTER addressed to Judge Colleen McMahon from Jose Quezada, dated 1/29/15 re: Plaintiff informs the Court that the reason for this letter is to provide the Court with the plaintiff's version in reference to the adjourned deposition on 1/27/15. Document filed by Jose Quezada.(sc)
February 5, 2015	Filing 98 ENDORSED LETTER addressed to Judge Colleen McMahon from Jon Quezada dated 1/26/2015 re: This letter is written to request an extension of time to respond to the defendant's motion to dismiss. ENDORSEMENT: 60 day extension granted. (Signed by Judge Colleen McMahon on 2/4/2015) Copies Mailed By Chambers. (kgo)
February 2, 2015	Filing 97 ORDER granting #96 Letter Motion for Extension of Time. OK. Brief due by 2/19/2015. (Signed by Judge Colleen McMahon on 2/2/2015) (kgo)
January 28, 2015	Filing 96 LETTER MOTION for Extension of Time to Brief Qualified Immunity addressed to Judge Colleen McMahon from Samuel Yaggy dated January 28, 2015. Document filed by Richard Roy. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
January 23, 2015	Filing 95 JOINDER to join re: #83 MOTION for Summary Judgment on Grounds of Qualified Immunity Pursuant to Individual Practice Rule IV(E)(iii). . Document filed by Ronald Corbin. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
January 23, 2015	Filing 94 ANSWER to #26 Amended Complaint,, with JURY DEMAND. Document filed by Ronald Corbin. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
January 21, 2015	Filing 93 LETTER addressed to Judge Colleen McMahon from Jose Quezada, dated 1/13/15 re: Plaintiff informs the Court that he has provided three(3) USM-285 forms already completed to the Pro Se Office for the defendant T. Alexander as well as Ronald Corbin; and he requests that the Court direct the Pro Se Clerk to provide the U.S. Marshals Service with the necessary paperwork be served on the defendant, Tracy Alexander at the altenate address. Document filed by Jose Quezada.(sc)
January 14, 2015	Filing 92 ORDER granting #91 Letter Motion for Extension of Time to Answer re #26 Amended Complaint, and Proposed Briefing Schedule for Defendants' pending Motion to Dismiss addressed to Judge Colleen McMahon from Samuel Yaggy dated January 13, 2015. (1) Plaintiff's application for appointment of counsel is denied (2) Plaintiff has until 2/12/2015 to respond to the pending motion to dismiss (3) Either an answer or a notice of joinder in the pending motion to dismiss must be filed by 1/23/2015. Ronald Corbin answer due 1/23/2015. (Signed by Judge Colleen McMahon on 1/14/2015) Copies Mailed By Chambers. (kko) Modified on 1/14/2015 (kko).
January 14, 2015	Set/Reset Deadlines as to #80 MOTION to Dismiss. Responses due by 2/12/2015. (kko)
January 13, 2015	Filing 91 LETTER MOTION for Extension of Time to File Answer and Proposed Briefing Schedule for Defendants' pending Motion to Dismiss addressed to Judge Colleen McMahon from Samuel Yaggy dated January 13, 2015. Document filed by Richard Roy. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
January 9, 2015	Filing 90 LETTER addressed to Judge Colleen McMahon from Jose Quezada, DIN #04A3690, dated 12/21/14 re: Plaintiff requests that the Court grant his Application for the Appointment of Counsel filed on 5/7/13, and his request for an extension of time to file an Answer to the defendants' Motion to Dismiss. Document filed by Jose Quezada.(sc)
January 8, 2015	Filing 88 ORDER denying as moot #73 Letter Motion for Extension of Time to Answer. Motion denied as moot in view of the filing of an answer on 12/15/2014. Remove #73 from list of open motions. (Signed by Judge Colleen McMahon on 1/8/2015) Copies Mailed By Chambers. (kgo)
January 8, 2015	Filing 87 MEMO ENDORSEMENT on re: #76 Letter, filed by Jose Quezada. ENDORSEMENT: USMS to serve defendant as indicated in this letter. Remove #26 from list of open motions (Signed by Judge Colleen McMahon on 1/8/2015) Copies Mailed By Chambers. (kgo) Modified on 1/8/2015 (kgo).
January 8, 2015	Filing 86 ORDER granting #84 Letter Motion for Extension of Time. You not only may, you MUST take deposition of plaintiff ASAP. 30 day extension granted (Signed by Judge Colleen McMahon on 1/7/2015) Copies Mailed By Chambers. (kgo)
January 5, 2015	Filing 85 LETTER from Jose Quezada dated 11/16/14 re: Plaintiff requests that the Court provide the U.S. Marshals Service with a copy of the Complaint and enclose the USM-285 form filled out with the plaintiff interrogatories Rule 33.2 for the U.S. Marshals to be able to serve the defendant, Ronald Corbin. Document filed by Jose Quezada.(sc)
December 29, 2014	Filing 89 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Ronald Corbin served on 12/14/2014, answer due 1/5/2015. Service was accepted by Bob(IRC Office). Document filed by Jose Quezada. (sc)
December 24, 2014	Filing 84 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Samuel Yaggy dated December 24, 2014. Document filed by Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
December 15, 2014	Filing 83 MOTION for Summary Judgment on Grounds of Qualified Immunity Pursuant to Individual Practice Rule IV(E)(iii). Document filed by Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
December 15, 2014	Filing 82 ANSWER to #26 Amended Complaint,, with JURY DEMAND. Document filed by Lori Badger, Jason C. Brothers, Anthony M. Cefaloni, John L. Conforti, Matthew L. Filipponi, John E. Henschel, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Sonya Rojas, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
December 15, 2014	Filing 81 MEMORANDUM OF LAW in Support re: #80 MOTION to Dismiss . . Document filed by Edward Burnett, Raymond Koskowski, William A. Lee, Stephanie Mrysglod, Kevin O'Connor, Richard Roy, Keith Schmitt. (Yaggy, Samuel)
December 15, 2014	Filing 80 MOTION to Dismiss . Document filed by Edward Burnett, Raymond Koskowski, William A. Lee, Stephanie Mrysglod, Kevin O'Connor, Richard Roy, Keith Schmitt. (Attachments: #1 Declaration of Service)(Yaggy, Samuel)
December 11, 2014	FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 12/11/2014 per the instructions of Judge Colleen McMahon. See #79 Memo Endorsement,. (vj)
December 11, 2014	SUMMONS ISSUED as to Ronald Corbin. (vj)
December 5, 2014	Filing 79 MEMO ENDORSEMENT on re: #78 Letter, filed by Jason C. Brothers, Raymond Koskowski, Jeffrey M. Tokarz, Edward Burnett, Thomas D. Melville, Lori Badger, Matthew L. Filipponi, William A. Lee, Michael F. Mryzglod, Richard Roy, Sonya Rojas, John L. Conforti, John E. Henschel, Keith Schmitt, Stephanie Mrysglod, Kevin O'Connor, Brenda L Surber. ENDORSEMENT: Marshal to re-serve at this address (Signed by Judge Colleen McMahon on 12/5/2014) (kgo)
December 5, 2014	Filing 78 LETTER addressed to Judge Colleen McMahon from Samuel Yaggy dated December 5, 2014 re: Service. Document filed by Lori Badger, Jason C. Brothers, Edward Burnett, John L. Conforti, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Affidavit of Service)(Yaggy, Samuel)
December 5, 2014	Filing 77 NOTICE OF APPEARANCE by Samuel Yaggy on behalf of Lori Badger, Jason C. Brothers, Edward Burnett, John L. Conforti, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Keith Schmitt, Brenda L Surber, Jeffrey M. Tokarz. (Attachments: #1 Affidavit of Service)(Yaggy, Samuel)
December 2, 2014	Filing 76 LETTER from Jose Quezada dated 11/16/14 re: Plaintiff requests that the Court provide the U.S. Marshals Service with a copy of the Complaint and enclose the USM-285 form filled out with the plaintiff's Interrogatories due 33.2 for the U. S. Marshals to be able to serve the defendant, Ronald Corbin. Document filed by Jose Quezada.(sc)
November 20, 2014	Filing 75 LETTER from Jose Quezada dated 11/16/14 re: Plaintiff requests that the Court grant him an extension of time in which to serve the Summons & Complaint upon the defendant, Ronald Corbin. Document filed by Jose Quezada.(sc)
November 20, 2014	Filing 74 MEMO ENDORSEMENT on re: #73 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from John Knudsen dated November 19, 2014. filed by Michael F. Mryzglod. ENDORSEMENT: How much of an extension do you want (Signed by Judge Colleen McMahon on 11/20/2014) Copies Mailed By Chambers. (kgo) Modified on 11/20/2014 (kgo).
November 19, 2014	Filing 73 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from John Knudsen dated November 19, 2014. Document filed by Michael F. Mryzglod. (Attachments: #1 Affidavit of Service)(Knudsen, John)
November 17, 2014	Filing 72 PRO SE MEMORANDUM (Letter) dated 11/13/14 re: CHANGE OF ADDRESS for Jose Quezada. New Address: DIN#04A3690, Five Points Corr. Facility, State Route 96, P.O. Box 119, Romulus, New York, 14541. (sc)
October 30, 2014	Filing 71 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Jason C. Brothers served on 10/24/2014, answer due 11/14/2014. Service was accepted by Jennifer Hotaling. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/24/2015. (sc)
October 30, 2014	Filing 70 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Michael F. Mryzglod served on 10/24/2014, answer due 11/14/2014. Service was accepted by Jennifer Hotaling. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/24/2015. (sc)
October 30, 2014	Filing 69 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Anthony M. Cefaloni served on 10/21/2014, answer due 11/12/2014. Service was accepted by Jennifer Hotaling. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/21/2015. (sc)
October 30, 2014	Filing 68 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Matthew L. Filipponi served on 10/21/2014, answer due 11/12/2014. Service was accepted by Jennifer Hotaling. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/21/2015. (sc)
October 30, 2014	Filing 67 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Sonya Rojas served on 10/21/2014, answer due 11/12/2014. Service was accepted by Jennifer Hotaling. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/21/2015. (sc)
October 30, 2014	Filing 66 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Raymond Koskowski served on 10/21/2014, answer due 11/12/2014. Service was accepted by Jennifer Hotaling. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/21/2015. (sc)
October 30, 2014	Filing 65 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Jeffrey W. Macisaac served on 10/24/2014, answer due 11/14/2014. Service was accepted by J. Hotaling. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/24/2015. (sc)
October 28, 2014	Filing 64 PRO SE MEMORANDUM dated 10/23/14 re: CHANGE OF ADDRESS for Jose Quezada, Juan Jose Araujo-Severino. New Address: DIN#04A3690, Downstate Corr. Facility, Box F, Red Schoolhouse Rd., Fishkill, New York, 12524. (sc)
October 22, 2014	Filing 63 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Keith Schmitt served on 10/15/2014, answer due 12/15/2014. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 62 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Richard Roy served on 10/15/2014, answer due 12/15/2014. Service was made by Mail, signed and returned by John Knudsen, Attorney. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 61 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Stephanie Mrysglod served on 10/15/2014, answer due 12/15/2014. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 60 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Lori Badger served on 10/15/2014, answer due 12/15/2014. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 59 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Brenda L Surber served on 10/15/2014, answer due 12/15/2014. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 58 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. William A. Lee served on 10/15/2014, answer due 12/15/2014. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 57 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Thomas D. Melville served on 10/15/2014, answer due 12/15/2014. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 56 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Jeffrey M. Tokarz served on 10/15/2014, answer due 12/15/2014. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 55 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. John L. Conforti served on 10/15/2014, answer due 12/15/2014. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 54 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Kevin O'Connor served on 10/15/2014, answer due 12/15/2014. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 53 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Edward Burnett served on 10/15/2014, answer due 12/15/2014. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 52 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. John E. Henschel served on 10/15/2014, answer due 12/15/2014. Service was accepted by A. Service was made by Mail. Document filed by Jose Quezada. Answer to Interrogatories and Request for Production of Documents due by 2/15/2015. (sc)
October 22, 2014	Filing 51 PRO SE MEMORANDUM dated 10/17/14 re: CHANGE OF ADDRESS for Jose Quezada. New Address: DIN#04A3690, Five Points Corr. Facility, State Route 96, P.O. Box 119, Romulus, New York, 14541. (sc)
October 17, 2014	Filing 50 PRO SE MEMORANDUM dated 10/8/14 re: CHANGE OF ADDRESS for Jose Quezada. New Address: DIN#04A3690, Downstate Corr. Facility, Box F, Red Schoolhouse Rd., Fishkill, New York, 12524. (sc)
October 17, 2014	Filing 49 MEMO ENDORSEMENT on re: #48 Letter filed by Richard Roy. ENDORSEMENT: Marshal should serve Tracy Alexander at the address in the letter (Signed by Judge Colleen McMahon on 10/17/2014) Copies Mailed By Chambers. (kgo)
October 16, 2014	Filing 48 LETTER addressed to Judge Colleen McMahon from John Knudsen dated October 16, 2014 re: Service. Document filed by Richard Roy. (Attachments: #1 Affidavit of Service)(Knudsen, John)
October 1, 2014	Filing 47 LETTER from Jose Quezada dated 9/26/2014 re: The reason for this letter is to respectfully request that this Court issue a Valentin Order directing the Attorney General of the State of New York, provide the home address of Defendant "Ronald Corubin". Document filed by Jose Quezada.(sac)
September 29, 2014	Filing 46 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Ronald Corbin. Attempted Service of Summons and Amended Complaint. Service was attempted on 9/12/14. Document filed by Jose Quezada. (sc)
September 29, 2014	Filing 45 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Tracy K. Alexander. Attempted Service of Summons and Amended Complaint. Service was attempted on 9/16/14. Document filed by Jose Quezada. (sc)
September 17, 2014	Filing 44 LETTER from Jose Quezada dated 9/14/14 re: Plaintiff requests that the Court inform him as to whether it provides the USM-285 forms to the U.S. Marshals for service upon defendants; and he requests that the Court send him an updated docket sheet.(Docket Sheet Request: Mailed). Document filed by Jose Quezada.(sc)
September 17, 2014	Request for Copy of Docket Sheet Mailed: Request for updated copy of a docket sheet from Jose Quezada per doc. #44 mailed on 9/17/14. (sc)
September 10, 2014	SUMMONS ISSUED as to Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Richard Roy, Brenda L Surber, Jeffrey M. Tokarz. (vj)
September 10, 2014	FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 9/10/2014. (vj)
August 4, 2014	Filing 43 LETTER from Jose Quezada dated 7/28/14 re: Plaintiff requests that the Court provide him with the USM-285 forms and other documents which he needs to fill out in order for the U.S. Marshals to serve the defendants as soon as possible. Document filed by Jose Quezada.(sc)
July 30, 2014	FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 07/30/2014. The information package included: a copy of the Order Granting In Forma Pauperis Application (IFP), United States Marshal (U.S.M.-285) forms (One For Each Defendant), instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj)
July 30, 2014	Mailed a copy of #42 Order of Service, to Jose Quezada. (vj)
July 28, 2014	Filing 42 ORDER OF SERVICE: This action was originally commenced in this Court as Quezada v. Fischer, No. 13-CV-3164. By order dated May 31, 2013, in Quezada, No. 13-CV-3164 (ECF No. 7), the Court granted Plaintiff in forma pauperis status. To allow Plaintiff to effect service on Defendants through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff one U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each Defendant listed in the caption above. Within thirty days of the date of this order, Plaintiff must complete a USM-285 form for each Defendant and return those forms to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, Plaintiff must notify the Court in writing within thirty days of the date of this order and request that a summons be issued directly to Plaintiff. If within thirty days, Plaintiff has not returned the USM-285 forms or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of each completed USM-285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon each Defendant. No matter what method of service Plaintiff chooses, Plaintiff must effect service within 120 days of the date the summons is issued. It is Plaintiff's responsibility to inquire of the Marshals Service as to whether service has been made and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir.), cert. denied, 133 S. Ct. 655 (2012). If within 120 days of issuance of the summons, Plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. USM-285 Form due by 8/27/2014. Request for Issuance of Summons due by 8/27/2014. (Signed by Judge Colleen McMahon on 7/28/2014) Copies Mailed By Chambers. (ja)
July 21, 2014	Case Designated Local Rule 33.2. (jjg)
July 17, 2014	Filing 40 (LETTER) from G. Bower, Senior Mail and Supply Clerk dated 7/15/2014 re: Legal mail for the above named offender was recently received from your office. Please be advised that this offender is temporarily abasent from the facility. CHANGE OF ADDRESS for Jose Quezada. New Address: Five Points Correctional Facility, Caller Box 400, State Route 96,Romulus, NY 14541. (sac)
July 16, 2014	Mailed notice re: Notice of Case Assignment/Reassignment to the Plaintiff(s) of record. (sbr)
July 15, 2014	Magistrate Judge Frank Maas is so designated. (pgu)
July 15, 2014	NOTICE OF CASE ASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (pgu)
June 9, 2014	Filing 39 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:13-cv-00885. Original file certified copy of transfer order and docket entries received. (sjo)
June 9, 2014	Case Designated ECF. (sjo)
June 9, 2014	NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
March 31, 2014	Filing 38 DECISION AND ORDER: ORDERS that Plaintiff's motion for reconsideration (Dkt. No. #20 ) and supplemental motion (Dkt. No. #30 ) are GRANTED in part as outlined herein above; and the Court further ORDERS that, pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), the following are severed and transferred to the Southern District of New York: (1) all claims against Defendants Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Keith Schmitt, Brenda L. Surber, and Jeffrey M. Tokarz and (2) any claim against Defendant Richard Roy arising out of events at Green Haven Correctional Facility; and the Court further ORDERS that the Clerk of this Court advise the Clerk of the Southern District of New York of the entry of this Decision and Order and provide all information necessary for the Clerk of the Southern District to electronically access the documents filed in this action; and the Court further ORDERS that the Clerk shall remove the following Defendants from the Northern District of New York docket: Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Keith Schmitt, Brenda L. Surber, and Jeffrey M. Tokarz; and the Court further ORDERS that Plaintiff's amended complaint (Dkt. No. #26 ) is accepted for filing, and is considered the operative pleading; and the Court further ORDERS that the Clerk is directed to substitute (1) William Chase in place of John Doe # 1; (2) J. Monacelli in place of John Doe # 2; and (3) Rosanna Lordi in place of Jane Doe # 3; and the Court further ORDERS that the Clerk of this Court shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon the Northern District of New York Defendants over which this Court has retained jurisdiction, namely: Brian Fischer, Karen Bellamy, Richard Roy, Cho Gutwein, S. Beudette, T. Broussean, S. Brown, John Cross, R. Lee, Andrew Bouchey, William Chase, Daniel R. King, Ronald Larocque, Rosanna Lordi, J. Monacelli, Donnie C. Riley, and Streeter. The Clerk shall forward a copy of the summons and amended complaint to the Office of the New York State Attorney General, together with a copy of this Decision and Order; and the Court further ORDERS that a response to the claims that have not been returned to the Southern District of New York be filed by Defendants Brian Fischer, Karen Bellamy, Richard Roy, Cho Gutwein, S. Beudette, T. Broussean, S. Brown, John Cross, R. Lee, Andrew Bouchey, William Chase, Daniel R. King, Ronald Larocque, Rosanna Lordi, J. Monacelli, Donnie C. Riley, and Streeter, or their counsel, as provided for in the Federal Rules of Civil Procedure; and the Court further ORDERS that Plaintiff's motion for preliminary injunctive relief (Dkt. No. #27 ) is DENIED; and the Court further ORDERS that Plaintiff's motion to amend (Dkt. No. #37 ) is DENIED as moot. Signed by U.S. District Judge Mae A. D'Agostino on 3/31/2014. (ptm) (Copy served on plaintiff by regular mail) [Transferred from New York Northern on 6/9/2014.]
March 24, 2014	Filing 37 MOTION to Amend/Correct #26 Amended Complaint, filed by Jose Quezada. (Attachments: #1 Proposed Amended Pleading, #2 Envelope) Motions referred to Therese Wiley Dancks. (ptm) [Transferred from New York Northern on 6/9/2014.]
March 21, 2014	Filing 36 TEXT ORDER re #30 : Plaintiff has requested a copy of the exhibits attached to his #3 complaint. The Clerk is directed to send plaintiff one complimentary copy of those exhibits. The Court notes that plaintiff failed to attached those exhibits to the #26 Amended Complaint. In light of his pro se status, and because the listed exhibits are identical for the #3 Complaint and the #26 Amended Complaint, the Clerk of the Court is directed to attach to the exhibits appended to the #3 Complaint to the #26 Amended Complaint. Authorized by Magistrate Judge Therese Wiley Dancks on 3/21/2014. (ptm) (Copy served on plaintiff by regular mail with complimentary copy of exhibits) [Transferred from New York Northern on 6/9/2014.]
March 19, 2014	Filing 35 TEXT ORDER: On July 19, 2013, before this action was transferred from the Southern District of New York, plaintiff filed a #14 Motion requesting preliminary and/or permanent injunctive relief. After the action was transferred to this District, plaintiff filed an #27 Amended Motion seeking the same relief. In light of the #27 Amended Motion, the #14 Motion filed on July 19, 2013, is DENIED as moot. The #27 Amended Motion will be addressed by separate Court Order. However, the Court notes that plaintiff failed to attached his exhibits to the #27 Amended Motion. In light of his pro se status, and because the listed exhibits are identical for each motion, the Clerk of the Court is directed to attach to the #27 Amended Motion a copy of the exhibits filed with the #14 Motion. Authorized by U.S. District Judge Mae A. D'Agostino on 3/19/2014. (ptm) (Copy served on plaintiff by regular mail) [Transferred from New York Northern on 6/9/2014.]
February 27, 2014	Filing 34 TEXT ORDER: Plaintiff's Letter Motion #19 requesting an extension of time to submit an amended complaint is DENIED as moot because plaintiff has now submitted an Amended Complaint #26 . Authorized by Magistrate Judge Therese Wiley Dancks on 2/27/2014. (ptm) (Copy served on plaintiff by regular mail) [Transferred from New York Northern on 6/9/2014.]
February 20, 2014	Filing 33 NOTICE by Jose Quezada that is TEMPORARILY at Downstate Correctional Facility and request for updated copy of docket sheet. Updated copy of docket sheet mailed to Downstate Correctional Facility. (nas, ) [Transferred from New York Northern on 6/9/2014.]
January 28, 2014	Filing 32 MANDATE of USCA issued on 1/10/14 as to #21 Notice of Interlocutory Appeal filed by Jose Quezada. Appeal is dismissed. (nas, ) [Transferred from New York Northern on 6/9/2014.]
January 3, 2014	Filing 31 NOTICE of Change of Address by Jose Quezada. Effective Date 12/22/2013. Old Address: Clinton Correctional Facility. New Address: Five Points Correctional Facility. (ptm) [Transferred from New York Northern on 6/9/2014.]
January 2, 2014	Filing 30 Letter Motion from Jose Quezada supplementing his #20 motion for reconsideration and requesting copies of exhibits attached to the complaint. (ptm) Modified on 3/17/2014 (ptm). [Transferred from New York Northern on 6/9/2014.]
December 26, 2013	Filing 29 NOTICE by Jose Quezada that he is now at Clinton Correctional Facility. (nas, ) [Transferred from New York Northern on 6/9/2014.]
November 6, 2013	Filing 28 Letter from plaintiff regarding change of address to Downstate Correctional as of 11/4/2013. CLerk's review of DOCCS Inmate Lookup has plainitff currently housed (as of 11/6/2013) at Clinton Correctional Facility. (ptm) [Transferred from New York Northern on 6/9/2014.]
October 7, 2013	Filing 27 AMENDED NOTICE OF MOTION FOR A PRELIMINARY AND/OR A PERMANENT INJUNCTION filed by Jose Quezada. (Attachments: #1 Affirmation in support, #2 Memorandum of Law in support, #3 Proposed Order/Judgment OTSC, #4 Envelope) Motions referred to Therese Wiley Dancks. (ptm) (Additional attachment(s) added on 3/19/2014: #5 Exhibit(s) 1, 2, 3 Part 1 #6 Exhibit 3 Part 2 #7 Exhibit 3 Part 3 #8 Exhibit(s) 4 to 7 #9 Exhibit(s) 4 to 7 #10 Exhibit(s) 8 to 18 #11 Exhibit(s) 19 to 29 #12 Exhibit(s) 30 to 32 #13 Exhibit 33 #14 Exhibit(s) 34 to 40 #15 Exhibit(s) 41 to 47 #16 Exhibit(s) 48 to 60 #17 Exhibit(s) 61 to 65 #18 Exhibit(s) 66 to 71 #19 Exhibit(s) 72 to 74 #20 Exhibit 75) #21 Exhibit 76) (ptm). [Transferred from New York Northern on 6/9/2014.]
October 7, 2013	Filing 26 AMENDED COMPLAINT against Brian Fischer et al., filed by Jose Quezada. (Attachments: #1 Cover Letter)(ptm) (Additional attachment(s) added on 3/21/2014: #2 Exhibit(s) 1-10) #3 Exhibit(s) 11-15) #4 Exhibit(s) 16) #5 Exhibit(s) 17-20) #6 Exhibit(s) 21-26) #7 Exhibit(s) 27-31) #8 Exhibit(s) 32) #9 Exhibit(s) 33 Part 1) #10 Exhibit(s) 33 Part 2) #11 Exhibit(s) 34-40) #12 Exhibit(s) 41-49) #13 Exhibit(s) 50-55) (14) Exhibit(s) 56-64) #15 Exhibit(s) 65-70) (ptm, ). (Additional attachment(s) added on 3/21/2014: #16 Exhibit(s) 71-80) #17 Exhibit(s) 81-85) #18 Exhibit(s) 86-89) #19 Exhibit(s) 90-93) Modified on 3/21/2014 (ptm). [Transferred from New York Northern on 6/9/2014.]
September 18, 2013	Filing 25 Letter from plaintiff requesting copy of complaint and docket sheet. Clerk served plaintiff with copy of docket sheet and NYND Photocopy Request Form. (ptm) [Transferred from New York Northern on 6/9/2014.]
September 6, 2013	USCA Case Number 13-3240 for #21 Notice of Interlocutory Appeal filed by Jose Quezada. Plaintiff also filed the same appeal in the SDNY case of 13-3164. Court of Appeals docket indicates appeal from NDNY is being treated as a duplicate appeal of SDNY appeal. (nas, ) [Transferred from New York Northern on 6/9/2014.]
September 5, 2013	Filing 24 Letter from the Court to plaintiff in response to Dkt. No. #23 . (ptm) [Transferred from New York Northern on 6/9/2014.]
September 5, 2013	Filing 23 Letter from plaintiff Quezada regarding status of action. (ptm) [Transferred from New York Northern on 6/9/2014.]
August 30, 2013	Filing 22 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #21 Notice of Interlocutory Appeal (nas, ) [Transferred from New York Northern on 6/9/2014.]
August 29, 2013	Filing 21 NOTICE OF INTERLOCUTORY APPEAL as to #15 Order by Jose Quezada. (nas, ) [Transferred from New York Northern on 6/9/2014.]
August 29, 2013	Filing 20 MOTION for Reconsideration of Southern District #15 Order filed by Jose Quezada. (Attachments: #1 cover letter) (nas ) [Transferred from New York Northern on 6/9/2014.]
August 21, 2013	Filing 19 Letter Motion from Jose Quezada requesting extension of time to submit amended complaint. (ptm) [Transferred from New York Northern on 6/9/2014.]
July 29, 2013	Filing 18 Case transferred in from District of New York Southern; Case Number 1:13-cv-03164. electronically transferred when case opened [Transferred from New York Northern on 6/9/2014.]
July 23, 2013	Filing 16 AFFIRMATION of Jose Quezada and MEMORANDUM in Support re: #14 MOTION for Preliminary Injunction. MOTION for Permanent Injunction. Document filed by Jose Quezada. (Attachments: #1 Affirmation and Memorandum, #2 Affirmation and Memorandum, #3 Affirmation and Memorandum, #4 Affirmation and Memorandum, #5 Affirmation and Memorandum, #6 Affirmation and Memorandum, #7 Affirmation and Memorandum, #8 Affirmation and Memorandum, #9 Affirmation and Memorandum, #10 Affirmation and Memorandum, #11 Affirmation and Memorandum, #12 Affirmation and Memorandum, #13 Affirmation and Memorandum, #14 Affirmation and Memorandum, #15 Affirmation and Memorandum, #16 Affirmation and Memorandum, #17 Affirmation and Memorandum)(sac) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
July 22, 2013	CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York. (cd) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
July 22, 2013	Filing 15 MEMO ENDORSED re #14 Motion for Preliminary Injunction. ENDORSEMENT: This case has been filed in the wrong district. Plaintiff complains of prison conditions at Clinton Correctional Facility, which is located in the Northern District of New York. Rather than wait for the inevitable motion to be filed, I hereby transfer this case to the U.S. District Court for the Northern District of New York where it should have been filed. (Signed by Judge Colleen McMahon on 7/22/2013) Copies Mailed By Chambers. (cd) Modified on 7/25/2013 (cd). [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
July 19, 2013	Filing 14 NOTICE OF MOTION FOR A PRELIMINARY AND/OR A PERMANENT INJUNCTION. Document filed by Jose Quezada.(sc) [Transferred from New York Southern on 7/29/2013.] Modified on 3/19/2014 (ptm). [Transferred from New York Northern on 6/9/2014.]
July 18, 2013	Filing 17 LETTER addressed to Judge Colleen McMahon from Jose Quezada dated 7/18/13 re: Plaintiff requests that the Court, in reference to the Court's Valentin Order of 6/28/13 and the Attorney General's response of 7/17, direct the Attorney General's Office to make a more reasonable effort to identify the correctional officers involved in the plaintiff's complaint. Document filed by Jose Quezada.(sc) Modified on 7/25/2013 (sc). [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
July 2, 2013	Mailed a copy of #13 Order of Service and a copy of the Complaint, to New York State Attorney General. (vj) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
July 1, 2013	Mailed a copy of #13 Order of Service, to Jose Quezada. (vj) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
July 1, 2013	Authorization Deduction Letter Mailed to Clinton Correctional Facility on 7/1/2013. (vj) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
July 1, 2013	FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 07/1/2013 via Federal Express AIRBILL # 801747343670. The information package included: Initial Case Memo Letter, a copy of the Order Granting In Forma Pauperis Application (IFP), United States Marshal (U.S.M.-285) forms (One For Each Defendant), change of address postcards, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
June 28, 2013	Filing 13 ORDER OF SERVICE: To allow Plaintiff, who is proceeding in forma pauperis, to effect service on the identified Defendants in the caption of this order through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff one U.S. Marshals Service Process Receipt and Return form("USM-285 form") for each identified Defendant. Within thirty days of the date of this order, Plaintiff must complete a USM-285 form for each identified Defendant and return those forms to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, he must notify the Court in writing within thirty days of the date of this order and request that a summons be issued directly to him. If within thirty days, Plaintiff has not returned the USM-285 forms or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of each completed USM-285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon each identified Defendant. No matter what method of service Plaintiff chooses, he must effect service within 120 days of the date the summons is issued. It is Plaintiffs responsibility to inquire of the Marshals Service as to whether service has been made and if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56,63 (2d Cir.), cert. denied, 133 S. Ct. 655 (2012). If within 120 days of issuance of the summons, Plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41 (b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Finally, it is Plaintiffs obligation to promptly submit a written notification to the Court if Plaintiffs address changes,and the Court may dismiss the action if Plaintiff fails to do so.The Clerk of Court shall serve a copy of this order and the complaint on the Attorney General of the State of New York at 120 Broadway, New York, New York 10271-0332. An Amended Civil Rights Complaint form is attached to this order. USM-285 Form due by 7/29/2013. Request for Issuance of Summons due by 7/29/2013. (Signed by Judge Colleen McMahon on 6/28/2013) Copies Mailed By Chambers. (cd) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
June 28, 2013	Filing 12 ORDER TO SHOW CAUSE: Plaintiff is directed to serve a copy of this order to show cause on each identified Defendant with the summons and complaint. If no party responds to this order within thirty days after service of the summons and complaint on at least one Defendant, the Court will transfer at least part of this action to the United States District Court for the Northern District of New York pursuant to 1404(a). The Court certifies, pursuant to 28 U.S.C. l915(a)(3), that any appeal from this orderwould not be taken in good faith, and therefore in forma pauperis status is denied for the purposeof an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 6/28/2013) Copies Mailed By Chambers. (cd) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
June 17, 2013	Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Jose Quezada mailed on 6/17/2013. (sac) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
June 13, 2013	Mailed notice re: 8 Notice of Case Assignment/Reassignment to the attorney(s) of record. (pgu) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
June 13, 2013	Magistrate Judge Kevin Nathaniel Fox is so designated. (pgu) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
May 31, 2013	Filing 7 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 5/31/2013) (sbr) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
May 17, 2013	Filing 6 Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 5/16/2013. (laq) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
May 7, 2013	Filing 5 MEMORANDUM OF LAW in Support re: #1 Request to Proceed In Forma Pauperis, #2 MOTION to Appoint Counsel. Document filed by Jose Quezada. (laq) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
May 7, 2013	Filing 4 AFFIDAVIT of Jose Quezada in Support re: #1 Request to Proceed In Forma Pauperis, #2 MOTION to Appoint Counsel. Document filed by Jose Quezada. (Attachments: #1 2, #2 3)(laq) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
May 7, 2013	Filing 3 COMPLAINT against Tracy K. Alexander, Lori Badger, Karen Bellamy, S. Beudette, Andrew Bouchey, Jason C. Brothers, T. Broussean, S. Brown, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, John Cross, Jane Doe, John Doe(#2), John Doe(#1), Matthew L. Filipponi, Brian Fischer, Cho Gutwein, John E. Henschel, Daniel R. King, Raymond Koskowski, Ronald Larocque, R. Lee, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Michael F. Mryzglod, Kevin O'Connor, Donnie C. Riley, Sonya Rojas, Richard Roy, Keith Schmitt, Streeter, Brenda L. Surber, Jeffrey M. Tokarz. Document filed by Jose Quezada. (Attachments: #1 2, #2 3, #3 4, #4 5, #5 6, #6 7, #7 8, #8 9, #9 10, #10 11, #11 12, #12 13, #13 14, #14 15, #15 16, #16 17, #17 18, #18 19, #19 20, #20 21, #21 22, #22 23, #23 24, #24 25, #25 26, #26 27)(laq) [Transferred from New York Southern on 7/29/2013.] (Main Document 3 and Attachments 1-26 replaced on 3/21/2014) (ptm). [Transferred from New York Northern on 6/9/2014.]
May 7, 2013	Filing 2 APPLICATION FOR THE COURT TO REQUEST COUNSEL. Document filed by Jose Quezada.(laq) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]
May 7, 2013	Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jose Quezada.(laq) [Transferred from New York Southern on 7/29/2013.] [Transferred from New York Northern on 6/9/2014.]

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Search for this case: Quezada v. Fischer et al
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Plaintiff: Jose Quezada
Represented By:	Savvas Antonios Foukas
Represented By:	Dina Rachelle Hoffer
Represented By:	Dustin Philip Smith
Represented By:	James Charles Fitzpatrick
Represented By:	Jennifer Suh
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Defendant: Richard Roy
Represented By:	Samuel Yaggy
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Defendant: William A. Lee
Represented By:	Julinda A. Dawkins
Represented By:	Samuel Yaggy
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Defendant: Raymond Koskowski
Represented By:	Samuel Yaggy
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Defendant: Edward Burnett
Represented By:	Samuel Yaggy
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Defendant: Thomas D. Melville
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Keith Schmitt
Represented By:	Samuel Yaggy
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Defendant: Brenda L Surber
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Tracy K. Alexander
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Kevin O'Connor
Represented By:	Julinda A. Dawkins
Represented By:	Samuel Yaggy
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Defendant: John L. Conforti
Represented By:	Julinda A. Dawkins
Represented By:	Samuel Yaggy
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Defendant: Lori Badger
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Jeffrey M. Tokarz
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Jeffrey W. Macisaac
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: John E. Henschel
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Jason C. Brothers
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Anthony M. Cefaloni
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Matthew L. Filipponi
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Correction Officer Ronald Corbin
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Michael F. Mryzglod
Represented By:	Daphna Frankel
Represented By:	John Eric Knudsen
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Sonya Rojas
Represented By:	Daphna Frankel
Represented By:	Julinda A. Dawkins
Represented By:	Kristen Rose Vogel
Represented By:	Rebecca Ann Durden
Represented By:	Samuel Yaggy
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Defendant: Stephanie Mrysglod
Represented By:	Julinda A. Dawkins
Represented By:	Samuel Yaggy
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