Corley v. Vance et al
| Royce Corley |
| Cyrus R. Vance, Jr., David Stuart, John Temples, Greg Weiss, Elizabeth Pederson, Dany Personnel, Brian Conroy, Michael Daly, Mark Woods, Jessica Sterling, Giancarlo Cavallo, Greg Smith, NYPD Personnel, Shari C. Hyman, Supervisor C.O. John Doe #1-2, OSE Personnel, Michael T Haggerty, Walter Panchyn, John Doe #3, Backpage.com, LLC, Sprint Nextel Corp., T-Mobile USA Inc., Facebook Inc., Google Inc, Time Warner Cable Inc., Research in Motion Ltd., Municipal Credit Union, Capital One N.A., JPMorgan Chase Bank N.A. and and their unknown Custodian of Records #1-10 |
| 1:2015cv01800 |
| March 11, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
404
STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its personnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Co urt's Individual Rules of Civil Procedure. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at his address of record. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/24/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
400
ORDER: All such orders contained herein shall be complied with no later thanFebruary 15, 2021. The Clerk of Court is directed to transmit a copy of thisOrder to Plaintiff at his address of record. (Signed by Judge Katherine Polk Failla on 1/25/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing
391
ORDER: On November 6, 2020, the Court received letters from Defendants (Dkt. #385-86) regarding their compliance with the Court's February 11, 2020 Order (Dkt. #358). On November 9, 2020, the Court directed Plaintiff to submit any responses t o Defendants' letters on or before November 30, 2020. (Dkt. #387). As the Court has received no further communications from Plaintiff, it considers Defendants' letters to be unopposed, and understands that Plaintiff therefore does not di spute Defendants' statements regarding their compliance with the Court's February 11, 2020 Order. The parties are directed to file any pre-summary judgment submissions pursuant to Section 4(a) of the Court's Individual Rules on or be fore December 22, 2020. Any responses to the submissions will be due on or before January 5, 2021. The Clerk of Court is directed to transmit a copy of this Order to Plaintiff at his address of record. (Signed by Judge Katherine Polk Failla on 12/7/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
390
ORDER: On November 6, 2020, the Court received letters from Defendants (Dkt. #385-86) regarding their compliance with the Court's February 11, 2020 Order (Dkt. #358). On November 9, 2020, the Court directed Plaintiff to submit any res ponses to Defendants' letters on or before November 30, 2020. (Dkt. #387). As the Court has received no further communications from Plaintiff, it considers Defendants' letters to be unopposed, and understands that Plaintiff therefore does not dispute Defendants' statements regarding their compliance with the Court's February 11, 2020 Order. The parties are directed to file any pre-summary judgment submissions pursuant to Section 4(a) of the Court's Individu al Rules on or before December 22, 2020. Any responses to the submissions will be due on or before January 5, 2021. The Clerk of Court is directed to transmit a copy of this Order to Plaintiff at his address of record. (Signed by Judge Katherine Polk Failla on 12/7/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
387
ORDER: The Court is in receipt of Defendants' November 6, 2020 letters (Dkt. #385-86) regarding their compliance with the Court's February 11, 2020 Order (Dkt. #358). Should Plaintiff wish to respond to Defendants' letters, any such r eply must be submitted on or before November 30, 2020. The Clerk of Court is directed to transmit a copy of this Order to Plaintiff at his address of record. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/9/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
382
ORDER granting 381 Letter Motion to Adjourn Conference. Application GRANTED. The post-fact discovery conference is hereby ADJOURNED to October 22, 2020, at 10:00 a.m. Moreover, the parties are ORDERED to provide the required joint status letter on or before October 15, 2020. If Defendants are completely unable to contact Plaintiff, they should submit a joint letter on that date without Plaintiff's input. SO ORDERED. Status Conference set for 10/22/2020 at 10:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 8/7/2020) Copies Mailed By Chambers. (kv)
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Filing
373
ORDER: For the reasons set forth in this Order, Plaintiff's motion for default judgment is DENIED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/20/2020) Copies Mailed By Chambers. (jca)
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Filing
369
ORDER granting 368 Letter Motion for Discovery. The Court is in receipt of the NYPD Defendants' letter regarding Officer Gregory Smith. The Court accepts Defendants' representation that the individual in question was not involved i n the NYPD's arrest or prosecution of Plaintiff, and that Defendants do not intend to rely on any information from the individual in this action. Therefore, the Court GRANTS Defendants' request that it be relieved from providing further information to Plaintiff about Officer Gregory Smith. (Signed by Judge Katherine Polk Failla on 3/11/2020) (mro)
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Filing
358
ORDER terminating 347 Motion to Compel. In sum, the Court ORDERS both sets of Defendants to, insofar as they rely on said objections, identify more practical methods by which Plaintiff may obtain the information he seeks and identify the means by which Plaintiff may obtain information believed to be publicly available to Plaintiff. The Court further ORDERS both sets of Defendants to respond to Plaintiff's proposed solution for his supernumerary interrogatories and to create and prov ide to Plaintiff a privilege log for materials claimed to fall within the attorney-client or work-product privileges. Separately, the Court ORDERS the NYPD Defendants to provide a log, insofar as it is practicable to do so, of any records relevant to Plaintiff's remaining claims that have since been destroyed by operation of law, including an identification of the record and the approximate date of destruction. Moreover, the Court ORDERS the NYPD Defendants, insofar as they rely on the Plan for Certain § 1983 Cases Against the City of New York as the sole reason for denying discovery of requested documents, to produce said requested documents. The Court additionally ORDERS the NYPD Defendants to respond to Plaintiff's request for identification of Officer Gregory Smith. All such orders contained herein shall be complied with no later than March 10, 2020. Finally, the post-fact discovery conference is hereby rescheduled for March 26, 2020, at 10:00 a.m. At the app ointed date and time for the conference, the Warden or other official in charge of the Federal Correctional Institution Petersburg Low in Petersburg, Virginia, shall produce inmate Royce Corley, Reg. No. 68011-054, at a suitable location within the Federal Correctional Institution Petersburg Low, equipped with a telephone, for the purpose of participating by telephone in the conference with the Court and defense counsel in the above referenced matter. At the appointed time, Defendants shall c all (888) 363-4749 and enter access code 6624801. Please note, the phone conference line will not be available prior to 4:00 p.m. Counsel for Defendants must (i) transmit this Order to the Warden forthwith; (ii) contact the Federal Correctional In stitution Petersburg Low forthwith to arrange the call and to determine the telephone number at which pro se plaintiff will be reachable at the above time and date; and (iii) telephone the Court with pro se plaintiff on the line at the time and date of the conference. The Clerk of Court is directed to terminate the motion at docket entry 347. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/11/2020) Copies Mailed By Chambers. (rro)
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Filing
348
ORDER denying 342 Motion for Reconsideration. The Court finds that Plaintiff has failed to point to controlling decisions or data that the Court overlooked, or that might reasonably be expected to alter the Court's conclusions. Instead, Plain tiff has largely repeated his prior arguments. Therefore, the Court finds that Plaintiff has failed to meet his burden on a motion for reconsideration. Plaintiff's motion is DENIED. The Clerk of Court is directed to terminate the motion at docket number 342. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/16/2019) Copies Mailed By Chambers. (rro)
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Filing
336
OPINION AND ORDER: For the reasons stated in this Opinion, Blackberry's motion to dismiss and Sprint's motion for summary judgment are GRANTED. Plaintiff's cross-motions as to both Defendants are DENIED. The Clerk of Court is directed to terminate the motions at docket entries 283, 304, and 317. (As further set forth in this Order.) (Signed by Judge Katherine Polk Failla on 8/15/2019) (cf)
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Filing
294
OPINION AND ORDER re: 211 FIRST MOTION to Dismiss Refiled per Court Notice filed by Municipal Credit Union, 179 MOTION to Dismiss filed by Mark Woods, Giancarlo Cavallo, Greg Smith, Michael Daly, Brian Conroy, Jes sica Sterling, Shari C. Hyman, 169 FIRST MOTION to Dismiss Notice of Motion filed by T-Mobile USA Inc., 166 FIRST MOTION to Dismiss Dismiss 15 CV 1800. filed by Greg Weiss, Elizabeth Pederson, John Temples, David Stuar t, Cyrus R. Vance, Jr., Dany Personnel, 216 FIRST MOTION to Dismiss filed by Time Warner Cable Inc., 185 MOTION to Dismiss . filed by Facebook Inc., 174 MOTION to Dismiss the complaint filed by Capital One N.A., 267 MOTION for Sanctions. MOTION for Judgment on the Pleadings. filed by Royce Corley, 183 MOTION to Dismiss filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Walter Panchyn, Michael T Haggerty, 171 MOT ION to Dismiss Complaint as to Chase Only Pursuant to Fed.R.Civ.P. 12(b)(6) filed by JPMorgan Chase Bank N.A., 189 MOTION for Joinder DEFENDANT GOOGLE LLC'S LIMITED JOINDER IN MOTION TO DISMISS AND MEMORANDUM OF LAW OF DEFEN DANT FACEBOOK, INC. filed by Google Inc,. With regard to Case No. 15 Civ. 9621, Defendants motions to dismiss are GRANTED, and Plaintiff's 9621 Complaint is dismissed in its entirety. The Clerk of Court is directed to terminate all pen ding motions, adjourn all remaining dates, and close that case. With regard to Case No. 15 Civ. 1800, the motions to dismiss submitted by the following parties are GRANTED in their entirety: T-Mobile, Facebook, Google, TWC, MCU, Capital One, Chase , Con Edison, and the City of New York. The Clerk of Court is directed to terminate these parties. The DA Defendant's motion is DENIED as to Plaintiff's claims for unlawful search and seizure, and GRANTED in all other respects. The NYPD Defendant's motion is DENIED as to Plaintiff's claims for malicious prosecution, and unlawful search and seizure, and GRANTED in all other respects. The Clerk of Court is directed to terminate the motions at Docket Entries 166, 169, 17 1, 174, 179, 183, 185, 189, 211, 216, and 267 in Case No. 15 Civ. 1800. The remaining parties are directed to submit a proposed Case Management Plan for the Court's consideration on or before May 1, 2019. The parties should be mindful that di scovery in this case will only be permitted as it pertains to Plaintiffs' three remaining claims; discovery may not be taken as to any claim dismissed in this Opinion. SO ORDERED. (City of New York, Facebook Inc., Google Inc,, JPMorgan Chase Bank N.A., Municipal Credit Union, T-Mobile USA Inc., Time Warner Cable Inc., CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and Capital One N.A. terminated.) (Signed by Judge Katherine Polk Failla on 3/27/2019) Copies Mailed By Chambers. (anc)
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Filing
17
ORDER denying 16 Motion for Reconsideration; terminating 10 Motion for Leave to Proceed in forma pauperis: Plaintiff's motion for reconsideration is denied. The Clerk of Court is directed to terminate the motions at Docket Entries 10 (wh ich has been addressed by prior order) and 16. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. (Signed by Judge Katherine Polk Failla on 7/10/2015) Copies Mailed By Chambers. (tn)
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