Monroe v. Gerbing et al
| Dwinel Monroe |
| Kathleen Gerbing, Anthony J. Annucci, Carl J. Koenigsmann, P. Early, S. Roberts, Karen Bellamy, A. Smith Roberts, Murray, Wolf, Ferdous, Iman Mamood, John Doe, Chateria Jacoben, Jane Doe, Brandon J. Smith, Marie Hammond, F. Steinbach, D. Smith, B. Cole, Miller, T. Johnson, L. Mardon, Miles, Black, Mauro and D. Glebocki |
| 1:2016cv02818 |
| April 14, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Greene |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
179
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reop en the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty day period to be "so ordered " by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/10/2020) (jca)
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Filing
173
ORDER granting 168 Letter Motion for Conference; granting 168 Letter Motion to Stay. Granted. The revised discovery schedule, including the stay, is approved. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/10/2020) (jca)
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Filing
172
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in f rom a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. (Signed by Magistrate Judge Paul E. Davison on 9/9/2020) (ks)
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Filing
164
STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Kenneth M. Karas on 7/28/2020) (cf)
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Filing
149
SCHEDULING ORDER: At the Conference held before the Court on November 13, 2019, the Court had scheduled the next status conference for May 13, 2020 and set a corresponding pre-motion letter filing schedule. (See Dkt. (minute entry for Nov. 13, 2019). ) This Order amends those dates and deadlines. The next status conference is now scheduled for May 27, 2020 at 11:30 a.m. Any pre-motion letter is due May 13, 2020. The non-movant's response is due May 20, 2020. SO ORDERED., ( Status Conference set for 5/27/2020 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 11/20/2019) (ama) Modified on 11/20/2019 (ama). Modified on 11/20/2019 (ama).
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Filing
143
OPINION AND ORDER: For the foregoing reasons, Defendants' Motion To Dismiss is granted as to Defendant Gerbing and as to the Wallkill and Otisville-related ADA claims. Dismissal is with prejudice. All other claims remain in the case and in t his District. The Clerk of Court is respectfully requested to terminate the pending Motion, (see Dkt. No. 126). The Court will hold a Status Conference on November 13, 2019 at 10:30 a.m. SO ORDERED. (Status Conference set for 11/13/2019 at 10:30 AM before Judge Kenneth M. Karas.), Kathleen Gerbing (in her individual capacity) terminated. (Signed by Judge Kenneth M. Karas on 9/25/2019) (jca)
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Filing
92
OPINION & ORDER: re: 53 MOTION to Dismiss the Second Amended Complaint, filed by Ferdous, D. Glebocki, B. Cole, Wolf, Carl J. Koenigsmann, Mauro, F. Steinbach, D. Smith, Iman Mamood, S. Roberts, Marie Hammond, Murray, Ch ateria Jacoben, Anthony J. Annucci, A. Smith Roberts, T. Johnson, P. Early, Brandon J. Smith, Kathleen Gerbing, Miller, Black, L. Mardon, Karen Bellamy, Miles, 86 MOTION to Dismiss the Second Amended Complaint, filed by Lou is, Maryann Genovese, Marlyn Kopp, Patricia Susen, Brant, Apple, Douglas, Herbert E. Goulding, Sid Johnston For the foregoing reasons, Defendants' Motions To Dismiss are denied as to Plaintiffs Free Exercise claims regarding the sched uling of his medication as against Dr. Goulding, Wolff, Murphy, and Mahmood, but are granted as to all other claims and Defendants. In light of Plaintiffs pro se status, and because this is the first adjudication of Plaintiffs claims on the merits, the faulty claims are dismissed without prejudice. If Plaintiff wishes to file an Amended Complaint alleging additional facts and otherwise addressing the deficiencies identified above, Plaintiff must do so within 30 days of the date of this Opini on & Order. The failure to do so may result in the dismissal of Plaintiffs claims with prejudice. An amended complaint will replace, and not supplement, the original complaint. If Plaintiff files no Amended Complaint, the Court will assume Plaintif f intends only to proceed with the Free Exercise claims regarding the delivery of his medication during Ramadan. The Court will hold a status conference on February 1, 2018 at 2:00 PM. The Clerk of Court is respectfully requested to terminate the pending Motions, (see Dkt. Nos 53, 86), and mail a copy of this Opinion & Order to Plaintiff at the address listed on the docket, and as further set forth in this order. Motions terminated: 53 MOTION to Dismiss the Second Amended Compla int, filed by Ferdous, D. Glebocki, B. Cole, Wolf, Carl J. Koenigsmann, Mauro, F. Steinbach, D. Smith, Iman Mamood, S. Roberts, Marie Hammond, Murray, Chateria Jacoben, Anthony J. Annucci, A. Smith Roberts, Brandon J. Smith, P. E arly, T. Johnson, Miller, Kathleen Gerbing, Black, L. Mardon, Karen Bellamy, Miles, 86 MOTION to Dismiss the Second Amended Complaint, filed by Louis, Maryann Genovese, Marlyn Kopp, Patricia Susen, Brant, Apple, Douglas, Herbert E. Goulding, Sid Johnston. (Status Conference set for 2/1/2018 at 2:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/27/2017) (ap)
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