Peters v. Huttel et al
| Tyrone Peters |
| Huttel, Erns, Mulloch, Ciffone, William Lee, Nurse Jane Doe, Alvarez, Yando and Bedford |
| 1:2015cv09274 |
| November 23, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Erie |
| Nelson Stephen Roman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
168
ORDER: The Court DENIES without prejudice Plaintiff's writ of habeas corpus ad testificandum. Plaintiff has not made the necessary showing that Mr. Scott would provide material testimony. However, the Court grants Plaintiff leave to submit a renewed application for a writ of habeas corpus ad testificandum that includes an affidavit that describes the testimony that Plaintiff seeks from Mr. Scott, an explanation of why his testimony is material, and Plaintiff's efforts to contact Mr. Scott. Should Plaintiff wish to renew his request for a writ of habeas corpus ad testificandum, he must do so on or before April 20, 2023. The Court RESERVES JUDGMENT on Plaintiff's request to designate Mr. Scott by depositio n at trial, given that such issue is currently being briefed upon in the motions in limine. The Clerk of the Court is kindly directed to mail a copy of this order to pro se Plaintiff and show service on the docket. ( Motions due by 4/20/2023.) (Signed by Judge Nelson Stephen Roman on 4/7/2023) (ate)
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Filing
158
ORDER denying 157 Letter Motion to Adjourn Conference. The Court DENIES the parties' request to adjourn the Feb 28, 2023 teleconference, and directs counsel, including Ms. Keane, to appear at the scheduled teleconference. The Clerk of the Court is kindly directed to terminate the motion as ECF No. 157, and to mail a copy of this order to Pltf. and to show service on the docket. (Signed by Judge Nelson Stephen Roman on 2/27/2023) (ate)
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Filing
156
ORDER granting 155 Letter Motion to Adjourn Conference. In light of the parties' settlement discussions, Defts' request to adjourn the telephonic Pretrial Conf. from Jan. 26, 2023 until Feb. 28, 2023 at 10:00 am is GRANTED. The part ies are directed to this Court's Order at ECF No. 154 for dial-in instructions. It is the responsibility of counsel for Defendants to make prior arrangements with the appropriate facility to have the Plaintiff participate via telephone. Clerk of Court is requested to terminate the motion at ECF No. 155, to serve a copy of this endorsement on Pltf. and to show service on the docket. Telephone Conference set for 2/28/2023 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 1/24/2023) (ate)
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Filing
152
ORDER GRANTING REQUEST FOR PRO BONO COUNSEL:...Accordingly, the Court GRANTS Plaintiff's renewed application for the Court to request pro bono counsel. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff at the address l isted on ECF and to show service on the docket.... that the Clerk of Court is directed to attempt to locate pro bono counsel to represent the plaintiff at a settlement conference to be conducted before the undersigned. If pro bono couns el is located, such counsel shall represent the plaintiff solely for purposes of the settlement conference, and that representation will terminate at the conclusion of the settlement process. If the Clerk of Court is unable to locate pro bono counsel, the plaintiff shall appear without counsel at the settlement conference....that any objection by the plaintiff to the appointment of pro bono counsel to represent the plaintiff at a settlement conference must be filed within 14 days of this Order. In the event the plaintiff files such an objection, this request for pro bono counsel is vacated. (Signed by Judge Nelson Stephen Roman on 9/9/2022) (ate)
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Filing
151
ORDER granting 150 Letter Motion to Adjourn Conference Telephone Conference set for 9/9/2022 at 10:00 AM before Judge Nelson Stephen Roman. Defts' request to reschedule the telephonic Pretrial Conf. on Sept. 9, 2022 from 11:00 am to 10:00 am is GRANTED. Counsel is directed to make arrangements with the correctional facility to have the Pltf. participate via telephone. Counsel is also directed to mail a copy of this endorsement to pro se Pltf. and file proof of service. Clerk of Court is requested to terminate the motion at ECF No. 150. (Signed by Judge Nelson Stephen Roman on 9/1/2022) (ate)
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Filing
146
OPINION & ORDER: Therefore, it is ORDERED, that the above-entitled action be and hereby is reopened. The Clerk of Court is respectfully directed to reopen this case, mail a copy of this Order to the pro se Plaintiff at the address listed on ECF, and show proof of service on the docket. Case reopened. (Signed by Judge Nelson Stephen Roman on 6/7/2022) (ate)
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Filing
145
OPINION & ORDER re: 134 AMENDED MOTION for Settlement to Enforce Settlement - Corrected Document Notice of Motion for ECF No. 128. filed by Erns, Mulloch, Huttel. For the foregoing reasons, Defendants' motion to enforce th e settlement agreement is DENIED. The parties are directed to appear for a telephonic pre-trial conference on May 17, 2022 at 2:30 PM. It is Defendants' responsibility to make prior arrangements with the appropriate facility to have Plaintiff participate via telephone. To access the telephonic pre-trial conference, please follow these instructions: (1) Dial the meeting number: (877) 336-1839; (2) enter the Access Code: 1231334#; (3) press pound (#) to enter the conference as a guest. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 134. The Clerk of Court is further respectfully directed to mail a copy of this Opinion & Order to the pro se Plaintiff at the address listed on ECF, and to show proof of service on the docket. ( Telephone Conference set for 5/17/2022 at 02:30 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 4/15/2022) (ate)
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Filing
122
ORDER: The Court having been advised that all claims asserted herein have been settled, it is ORDERED, that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement not be c onsummated within sixty (60) days of the date hereof. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the next 60 days with a request that the agreement be "so ordered" by the Court. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff at the address listed on ECF and to file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/23/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
117
ORDER granting 112 Letter Motion to Seal. Defendants' application is GRANTED. The transcript shall be filed under seal. The Clerk of the Court is directed to mail a copy of this endorsement to pro se Plaintiff and show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/16/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
109
ORDER granting 107 Letter Motion for Extension of Time to File. Defts' request for an extension of the below stated trial-related filing deadlines is granted. Clerk of Court requested to terminate the motion (doc. 107), mail a copy of this endorsement to pro se Pltf and show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/2/2021) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
106
ORDER granting 105 Letter Motion to Adjourn Conference. Deft's request to adjourn the Final Pretrial Conf., to be held by AT&T teleconference, from Sept. 17, 2021 until Sept. 23, 2021 at 10:00 am is granted. It is the responsibility of De ft's counsel to make prior arrangements with the appropriate facility to have the pro se Pltf appear via telephone. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Acce ss Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. Clerk's Office directed to mail a copy of this endorsement to Pltf., show service on the docket and terminate the motion (doc. 105). SO ORDERED. Final Pretrial Conference set for 9/23/2021 at 10:00 AM before Judge Nelson Stephen Roman.. (Signed by Judge Nelson Stephen Roman on 3/15/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
102
RESCHEDULING ORDER: In light of the recent Coronavirus Disease 2019 ("COVID-19) pandemic affecting New York, and given the directives provided by the Chief Judge of the United States District Court for the Southern District of New York to li mit in-person court appearances due to the risk presented by COVID-19, and given the further directives provided by the Chief Judge of the United States District Court for the Southern District of New York pursuant to Standing Order 20-MC-197 suspending the conduct of jury trials in this district until further notice of the court, it is hereby ORDERED that the above case previously scheduled for a Pretrial Conference on July 30, 2020, is hereby rescheduled until September 25, 2020 at 11:30 am to be held via teleconference unless otherwise directed by the Court. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound(#) to enter the teleconference as a guest. So Ordered. (Pretrial Conference set for 9/25/2020 at 11:30 AM before Judge Nelson Stephen Roman., Telephone Conference set for 9/25/2020 at 11:30 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 7/28/2020) (js)
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Filing
94
ORDER GRANTING REQUEST FOR PRO BONO COUNSEL: Accordingly, consistent with its representations during the January 24, 2020 status conference, the Court GRANTS Plaintiff's application that the Court request pro bono counsel. The Clerk of the Co urt is directed to a mail copy of this Order to Plaintiff at the address listed on ECF and to file proof of service on the docket. The Court reminds the parties that they are to appear at the next scheduled status conference on March 26, 2020 at 10:0 0 A.M. It is the responsibility of Defendants' counsel to make prior arrangements with the appropriate facility to have the pro se Plaintiff appear via telephone. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/21/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
92
OPINION AND ORDER: re: 80 MOTION for Summary Judgment Defendants' Partial Motion for Summary Judgment filed by Erns, Bedford, William Lee, Mulloch, Huttel. For the forgoing reasons, Defendants' motion for partial summary judgment is GRANTED in its entirety. The Clerk of the Court is directed to terminate the motion at ECF No. 80 and to mail a copy of this Opinion and Order to the Plaintiff at the addresses listed below. As there are no remaining claims against them, Defendants W illiam Lee and Lee Benford are dismissed from the case and the Clerk is directed to remove them from the caption. A Pretrial Conference is scheduled for January 24, 2020 at 10:00 a.m. The incarcerated pro se Plaintiff shall participate in the confere nce by telephone and Defendants' counsel shall appear in person. It is the responsibility of Defendants' counsel to make prior arrangements with the appropriate facility to have the pro se Plaintiff available via telephone. SO ORDERED., ( P retrial Conference set for 1/24/2020 at 10:00 AM before Judge Nelson Stephen Roman.), Bedford (Individually and in their official capacity) and William Lee terminated. (Signed by Judge Nelson Stephen Roman on 12/05/2019) Copies Mailed By Chambers. (ama) Transmission to Docket Assistant Clerk for processing.
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