Smolen, Jr. v. Wesley et al
| Samuel J Smolen, Jr. |
| C.O. M. Wesley, C.O. W. Stevens, C.O. C. Lampon, C.O. N. Dapcevic, C.O. R. Arnold, RN A. Salmeia, Sgt. John Doe, C.O. D. Huttel, C.O. M. Veninero, Sgt. Duane A. Malark, Sgt. Kevin O'Connor, C.O. Darrick G. Pollic, Hudson Valley Paramedics, Mr. Scharfenberg, Ms. Dunn, C.O. Mark J. Walker, C.O. Juan A Velazquez, C.O. R. Snedeker, C.O. Michael J. Connelly, RN. Adrian Bowden, C.O. Robert Pressley, Sgt. Ronald G. Cabral, C.O. John Doe #1, C.O. John Doe #2, Sgt. William Lee, D.S.S. Edward Burnett, Asst. Investigator Thomas Todd, Asst. Investigator Mark J. Miller, Asst. Investigator Douglas Holland, Bruce Levine, Director Albert Prack, Mary C. Gaglioti and Ms. Joan Doe |
| 1:2016cv02417 |
| March 31, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
218
JUDGMENT It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Philip M. Halpern, United States District Judge, the jury having returned a verdict in favor of Defendants, the Complaint is hereby dismissed. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/19/2022) (jca)
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Filing
190
ORDER denying as moot 173 Motion in Limine; denying as moot 175 Motion in Limine. The Court held an in-person conference on July 25, 2022. Counsel for all parties appeared. As explained more fully on the record during the appearance, the Co urt directs as follows: 1. With respect to Plaintiffs motions in limine (Doc. 173; Doc. 174; Doc. 182): a. The motion to preclude Plaintiffs criminal history is, based upon the parties' agreement, denied as moot. In accordance with the parties ' agreement, information given to the jury will be limited to the fact that Plaintiff was previously convicted of a felony and sentenced to a term of more than one year in prison. No other information will be permitted. b. The motion to preclud e testimony from Edward Burnett is denied. Mr. Burnett may testify as a fact witness, only. c. The motion to preclude evidence concerning Plaintiff's disciplinary history is denied without prejudice to renew in context during trial. d. The moti on to preclude evidence concerning Plaintiff's litigation history is denied without prejudice to renew in context during trial. 2. As for Defendants' motions in limine (Doc. 175; Doc. 176; Doc. 177; Doc. 181): a. The motion to admit Plaint iff's criminal history is, based upon the parties'agreement, denied as moot (see supra 1(a)). b. The motion to preclude evidence concerning Plaintiff's permanent vision and hearing loss is, given Plaintiffs representations, denied as m oot. Plaintiff may testify as to the natural and obvious injuries resulting from the incidents along with garden variety emotional damages. c. The motion to preclude certain documents is denied without prejudice to renew in context during trial. d . The motion to preclude evidence concerning Defendants' litigation history is denied without prejudice to renew in context during trial. 3. Defendants, in the interest of efficiency and as stated on their record, waive any objection under Fed eral Rules of Evidence 801 and 802 as to documents they produced. 4. The parties shall meet and confer regarding the Court's directives and instructions regarding changes to the Amended Proposed Joint Pretrial Order (Doc. 189) and file, by Aug ust 5, 2022, a Second Amended Proposed Joint Pretrial Order. 5. The following questions in the parties Proposed Voir Dire (Doc. 172) are denied: I(2); II(7); III(1), (4)-(5), (12); VI(3), (5); VI(A)(2), (B)(2)-(3), (C)(2). The remaining questions a re granted or granted in substance. 6. The parties shall review the Proposed Voir Dire Form provided by the Court during the conference and file, by 5:00 p.m. on July 29, 2022, a joint letter informing the Court as to any objections. 7. Binders and flashdrives containing exhibits shall be produced to the Court by October 3, 2022. 8. The Final Pretrial Conference shall proceed at 11:00 a.m. in person, in Courtroom 520 of the White Plains Courthouse, on October 11, 2022. The Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 173 and Doc. 175. SO ORDERED.. (Signed by Judge Philip M. Halpern on 7/25/2022) (jca)
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Filing
180
ORDER granting 179 Letter Motion to Adjourn Conference. Application granted. The conference scheduled for July 12, 2022 is adjourned. The conference shall proceed in person at 10:30 a.m. on July 14, 2022. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 179. SO ORDERED. Status Conference set for 7/14/2022 at 10:30 AM before Judge Philip M. Halpern.. (Signed by Judge Philip M. Halpern on 7/7/2022) (kv)
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Filing
168
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Philip M. Halpern on 5/6/2022) (rro) Modified on 5/9/2022 (rro).
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Filing
166
ORDER granting 165 Letter Motion for Discovery. Application granted. The parties are directed to file a proposed Stipulated Confidentiality Agreement and Protective Order, with the addendum described herein, by 5:00 p.m. on May 9, 2022. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 165. (Signed by Judge Philip M. Halpern on 5/5/2022) (ate)
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Filing
149
ORDER granting 148 REQUEST FOR PRO BONO COUNSEL pursuant to 18 U.S.C. 3006(A)(g)(Habeas Corpus Petition): For the foregoing reasons, Plaintiffs Application for the Court to Request Counsel is granted.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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 148. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/3/2022) (js) Transmission to Office of Pro Se Litigation for processing.
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Filing
146
ORDER granting 145 LETTER MOTION for Extension of Time to File to file proposed Joint Pretrial Order. Application granted. The parties are directed to meet and confer to discuss the completion of a proposed Joint Pretrial Order in compliance w ith this Court's Individual Practices Rule 6.A. Defendants are directed to file a proposed Joint Pretrial Order by February 18, 2022. Defendants are directed to serve a copy of this Order on Plaintiff and file proof of service on the docket. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 145. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/12/2022) (jca)
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Filing
141
ORDER: By 5:00 p.m. on October 22, 2021, Defendants' counsel is directed to file a letter notifying the Court whether she has received Plaintiff's responses to Defendants' document requests and interrogatories. By October 27, 2022 , Defendants' counsel is directed to respond to Plaintiffs request at the conference to be referred to the Magistrate Judge for all purposes. The parties are directed to meet and confer to discuss the completion of a proposed Joint Pretrial O rder in compliance with this Court's Individual Practice Rule 6.A. By January 17, 2022, Defendants are directed to file the proposed Joint Pretrial Order. The parties are further directed to meet and confer to discuss the completion of the r emaining pretrial materials in accordance with this Court's Individual Practice Rule 6.B. The parties are directed to file such pretrial materials by March 1, 2022. The Clerk of the Court is requested to (1) mail a copy of this Order to plain tiff; and (2) terminate Gregory Scharfenberg and Heather Dunn as defendants in this case. SO-ORDERED. (Proposed Pretrial Order due by 1/17/2022.), Ms. Dunn (E.M.T.) and Mr. Scharfenberg (E.M.T.) terminated. (Signed by Judge Philip M. Halpern on 10/13/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
136
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package.The Clerk of Court is further instructed to deliver to the U.S. Marshals Service all documents necessary to effect service on Defendants Hobson and Empire State Ambulance. (Signed by Judge Philip M. Halpern on 7/20/2021) (ate) Transmission to Pro Se Assistants for processing.
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Filing
129
ORDER AUTHORIZING THE DEPOSITIONS OF INCARCERATED PLAINTIFF: Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that an Assistant Attorney General may take the deposition of plaintiff Samuel Smolen, DIN 85-A-4082 by vi deoconference 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 the Superintende nt of the correctional facility where he is then located. Plaintiff is 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 this action. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/25/2021) (ks)
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Filing
127
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff. The Clerk of Court is further instructed to deliver to the U.S. Marshals Service all documents necessary to effect service on Defendants Hobson and Emp ire State Ambulance. The Clerk of Court is also instructed to mail a copy of the amended complaint to Scharfenburg and Dunn, with an address to be provided. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/17/2020) (ks) Transmission to Pro Se Assistants for processing.
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Filing
120
ORDER granting 119 Letter Motion to Adjourn Conference. Application granted. The Initial Case Management and Scheduling Conference is adjourned until June 2, 2020 at 9:00 a.m. Defendants are instructed to mail a copy of this Order to Plaintiff. The Clerk is instructed to terminate ECF No. 119. SO ORDERED.( Initial Conference set for 6/2/2020 at 09:00 AM before Judge Philip M. Halpern.)(Signed by Judge Philip M. Halpern on 5/18/20) (yv)
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Filing
116
ORDER: The Court is in receipt of Plaintiffs letter dated May 1, 2020. (Doc. 115). Plaintiffs request for an extension of time to amend his complaint is denied without prejudice for renewal at a later stage. Plaintiff is reminded that on September 25, 2019, the Court granted in part and denied in part Defendants motion to dismiss. (Doc. 107). Subsequently, on January 22, 2020, the Defendants facing claims, answered Plaintiff's Amended Complaint. (Doc. 112). An Initial Case Management Conference is scheduled for May 29, 2020 at 11:00 a.m. At the time of the scheduled conference, counsel and unrepresented parties shall call the following number: (888) 398-2342; access code 3456831. Defendants are instructed to mail a copy of this Order to Plaintiff and provide proof of service on the docket. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/5/2020) (ks)
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Filing
107
OPINION AND ORDER: For the foregoing reasons, Moving Defendants' Partial Motion To Dismiss is granted. Dismissal is without prejudice, with the exception of Plaintiff's state law claims, which are dismissed with prejudice. Plaintiff may file an amended complaint with the Court within 30 days of the date of this Opinion. Plaintiff should include within that amended complaint all changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consi der. Plaintiff is further advised that the amended complaint will completely replace, not supplement, the instant Complaint. The amended complaint must contain all of the claims, defendants, and factual allegations that Plaintiffs wish the Court t o consider. If Plaintiff fails to abide by the 30-day deadline, the claims dismissed without prejudice may be dismissed with prejudice, and Plaintiff's case will go forward only on the claims that survive this Opinion, namely the claims that M oving Defendants have not moved to dismiss. The Clerk of Court is respectfully requested to terminate the pending Motion, (Dkt. No. 93), and to mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/25/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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