Forte v. McNellis et al
| Daniel Forte |
| Detective B. McNellis, Detective Garrity and City of New York |
| 1:2016cv00560 |
| January 25, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Wyoming |
| Vernon S. Broderick |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
228
ORDER granting 226 Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. Because Plaintiff has shown "good cause," Fed. R. App. P. 4(a)(5), the deadline to file a notice of appeal in this case is hereby extended to November 3, 2023. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at his current address. (Signed by Judge Vernon S. Broderick on 11/7/2023) (rro) Transmission to Appeals Clerk.
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Filing
225
CLERK'S JUDGMENT re: 224 Memorandum & Opinion in favor of City of New York, Detective John Doe, Officer Cunningham, Officer Tallevi, The City of White Plains, Brian McNellis, Edward Garrity against Daniel Forte. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated September 26, 2023, the motions for summary judgment of the NY Defendants and the WP Defendants are GRANTED, and Plaintiff's motion for summary judgment is DE NIED. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). Accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/26/2023) (Attachments: # 1 Appeal Package) (tp)
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Filing
217
ORDER: I HEREBY accept Plaintiff's papers as timely. Because the deadline for Defendants to file reply papers has passed, IT IS HEREBY ORDERED that Defendants shall file their reply, if any, no later than October 22, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/10/2021) ( Replies due by 10/22/2021.) (ks)
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Filing
211
ORDER re: 210 Letter,, filed by Daniel Forte. I am in receipt of Plaintiff's letter dated August 21, 2021 requesting an extension of time to file an opposition to Defendants' summary judgment motion. Plaintiff's application is GRANTED. The parties are directed to file summary judgment oppositions and replies in accordance with the following schedule: 1. Opposition papers shall be filed no later than September 13, 2021. 2. Reply papers, if any, shall be filed no later than September 24, 2021. While I note that "a prisoner has a right to be present when his legal mail is opened," Davis v. Goord, 320 F.3d 346, 351 (2d Cir. 2003), Plaintiff has not made any showing to date that any tampering of his legal mail, clearly marked as such, by prison officials has occurred, nor has Plaintiff articulated and met the standard for a temporary restraining order. Therefore, I make no finding with regard to Plaintiffs legal mail. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Responses due by 9/13/2021, Replies due by 9/24/2021.) (Signed by Judge Vernon S. Broderick on 8/26/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
188
AMENDED ORDER REGARDING BRIEFING SCHEDULE FOR SUMMARY JUDGMENT granting 185 Letter Motion for Extension of Time; granting 186 Letter Motion for Extension of Time to File ; granting 187 Letter Motion for Extension of Time. Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, it is hereby ordered that: 1. Motions for summary judgement shall be filed no later than June 11, 2021. 2. Opposition papers, if any, shall be filed no later than July 30, 2021. 3. Reply papers, if any, shall be filed no later than August 27, 2021. The Clerk of Court is respectfully directed to terminate the open motions at Documents 185, 186, and 187. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/21/2021) (kv)
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Filing
180
ORDER denying 178 Letter Motion for Discovery. For the foregoing reasons, the White Plains Defendants' motion to reopen discovery is DENIED. The parties are directed to proceed to summary judgment briefing in accordance with the followi ng schedule: 1. Motions for summary judgement shall be filed no later than April 27, 2021. 2. Opposition papers, if any, shall be filed no later than June 11, 2021. 3. Reply papers, if any, shall be filed no later than July 12, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/8/2021) (va)
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Filing
174
ORDER granting 173 Letter Motion to Adjourn Conference; granting 173 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. SO ORDERED. The deadline to complete discovery is adjourned until January 15, 2021. The post -discovery conference previously scheduled for December 17, 2020 is adjourned until January 21, 2021 at 2:00 pm. (Status Conference set for 1/21/2021 at 02:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/9/2020) (rro)
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Filing
170
ORDER granting 169 Letter Motion for Extension of Time to Complete Discovery; granting 169 Letter Motion to Adjourn Conference. APPLICATION GRANTED. The post-discovery status conference scheduled for September 18, 2020 is adjourned to November 19, 2020 at 11:00 am. ( Status Conference set for 11/19/2020 at 11:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/29/2020) (mro)
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Filing
165
ORDER granting 164 Letter Motion for Extension of Time to Complete Discovery; granting 164 Letter Motion to Adjourn Conference. The post- discovery conference scheduled for June 18, 2020 is adjourned to September 18, 2020 at 11:00 am. So Ordered (Status Conference set for 9/18/2020 at 11:00 AM before Judge Vernon S. Broderick.). (Signed by Judge Vernon S. Broderick on 4/30/2020) (js)
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Filing
159
ORDER denying 158 Motion for Discovery. Defendants' application for a protective order is DENIED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/10/2020) (rro)
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Filing
153
ORDER: IT IS HEREBY ORDERED: (1) that the Superintendent or other official in charge of the Green Haven Correctional Facility, located at 594 New York Rt. 216, Stromville, New York 12582 ("the facility") produce inmate DANIEL FORTE, DIN No. 14A2269, at an appropriate location within the facility, for the taking of his deposition on February 10, 2020, at 10:30 A.M., and for so long thereafter, from day to day, as the deposition continues; (2) that inmate DANIEL FORTE appear in s uch place as designated by the Superintendent or other official in charge of the facility so his deposition may be taken; and (3) that a Court Reporter designated by defendants be allowed to bring stenography equipment into the facility, at the ab ove-referenced time in order to transcribe the deposition; and (4) that all counsel attending for the parties be permitted to bring into the facility laptop computers, cell phones, and/or tablets, to assist them in the conduct of the deposition. (Deposition due by 2/10/2020.) (Signed by Judge Vernon S. Broderick on 1/31/2020) (rro)
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Filing
151
ORDER: ORDERED that said files and records previously sealed pursuant to Section 160.50 of the Criminal Procedure Law be made available for inspection of and reproduction by counsel listed below and that all Courts, Police Agencies and the Office of the District Attorney of Westchester County in possession of said material shall upon request and payment of appropriate fees, produce said material to the following: as set forth herein. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/02/2020) (ama)
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Filing
149
ORDER terminating 142 Motion to Stay; terminating 144 Motion for Leave to File Document. In light of my comments during the December 13, 2019 status conference, it is hereby: ORDERED that discovery in this case is extended for sixty (60) days . The post-discovery conference scheduled for January 3, 2020 is adjourned to February 28, 2020 at 12:00 p.m. The Clerk of Court is respectfully directed to terminate the open motions at Documents 142 and 144. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/13/2019) (rro)
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Filing
114
OPINION & ORDER re: 101 MOTION to Dismiss the Second Amended Complaint filed by Timothy Gentz, Sgt. McLoughlin, Steven Nieves, Michael McCready, John Tierny, 96 MOTION to Dismiss filed by Officer Cunningham, T he City of White Plains, Officer Tallevi. For the reasons stated herein, the WP Defendants' motion to dismiss, (Doc. 96), is GRANTED IN PART and DENIED IN PART. Specifically, the WP Defendants' motion to dismiss is granted with respect to (1) Plaintiff's claims against the City of White Plains, (2) Plaintiff's claims against Defendants Tallevi and Cunningham in their official capacities, and (3) Plaintiff's false arrest claims against Tallevi and Cunningham in their personal capacities. The WP Defendants' motion to dismiss is denied with respect to (1) Plaintiff's § 1983 conspiracy claim against Defendants Tallevi and Cunningham in their personal capacities, and (2) Pla intiff's malicious prosecution claims against Defendants Tallevi and Cunningham in their personal capacities. The Moving NYC Defendants' motion to dismiss, (Doc. 101), is GRANTED. The Clerk of Court is respectfully directed to termina te the open motions at Docs. 96 and 101. The WP Defendants shall file their Answer to the Second Amended Complaint within twenty-one (21) days of the issuance of this Opinion & Order. (Signed by Judge Vernon S. Broderick on 9/28/2018) (mro) Transmission to Orders and Judgments Clerk for processing.
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