Patterson v. Aponte et al
| Trent Patterson |
| Joseph Aponte and Mingo |
| 1:2016cv03156 |
| April 28, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Unassigned |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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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
152
ORDER: Accordingly, the Court sua sponte extends Plaintiff's time to file his opposition, if any, to Defendant's motion for summary judgment to June 3, 2021. Defendant shall file a reply, if any, by June 24, 2021. If Plaintiff fails to fi le any opposition by June 3, 2021, the Court will deem the motion fully submitted and may (1) grant the motion based in whole or in part of Plaintiff's failure to oppose the motion, or (2) dismiss the case due to Plaintiff's failure to pro secute. Additionally, Plaintiff must promptly notify the Court of any change of address. SO ORDERED. (Responses due by 6/3/2021, Replies due by 6/24/2021.) (Signed by Magistrate Judge Robert W. Lehrburger on 5/5/2021) Order transmitted this date to all counsel of record and mailed to the pro se Plaintiff at the following address: Trent Patterson, 50 Kimberly Ln., Apt. 40A, Staten Island, New York 10304. (mml)
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Filing
146
ORDER granting 145 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/8/2021) (ks)
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Filing
144
ORDER: This Court has reviewed Defendant's letter dated February 4, 2021 (Dkt. 143). The correct briefing schedule is as follows: Defendant's motion papers shall be filed by March 10, 2021; Plaintiffs opposition papers shall be filed by May 3, 2021; Defendant's reply, if any, shall be filed by May 24, 2021. Plaintiff is reminded that he has an ongoing duty to update the Court anytime his contact information changes. Failure to timely file an updated address may result in Pla intiff not receiving notification or receipt of certain materials, which could further lead to dismissal for failure to prosecute. SO ORDERED. (Motions due by 3/10/2021, Responses due by 5/3/2021, Replies due by 5/24/2021.) (Signed by Magistrate Judge Robert W. Lehrburger on 2/4/2021) Order transmitted this date to all counsel of record and mailed to Plaintiff pro se at the following address: Trent Patterson 50 Kimberly Ln., Apt. 40A Staten Island, New York 10304. (jca)
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Filing
142
ORDER: This Court has reviewed Defendant's letter dated January 22, 2021 (Dkt. 138) requesting a conference to discuss his intention to file a motion for summary judgment. The motion for conference is denied as moot. Defendant may proceed wi th filing his motion. The briefing schedule is as follows: Defendant's motion papers shall be filed by March 10, 2021; Plaintiff's opposition papers shall be filed by May 3, 2021; Defendant's reply, if any, shall be filed by April 24, 2021. SO ORDERED. (Motions due by 3/10/2021., Responses due by 5/3/2021, Replies due by 4/24/2021.) (Signed by Magistrate Judge Robert W. Lehrburger on 1/25/2021) Copies Mailed By Chambers. (jca)
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Filing
141
ORDER: On January 4, 2021, the Court scheduled a case-management conference for February 5, 2021, and directed the parties to submit any pre-motion letters by January 22, 2021. On January 11, 2021, pro bono counsel for plaintiff Trent Patterson f iled notices of the completion of their limited-scope representation, and withdrew from the case. Dkts. 13537. Today, defendant Captain Timothy Johnson filed a pre-motion letter stating his intent to move for summary judgment on Patterson's sole remaining claim. Dkt. 138. By separate order issued today, the Court has amended its referral of this case to the Hon. Robert W. Lehrburger, Magistrate Judge, to include a referral for a report and recommendation on Captain Johnson's pro posed motion for summary judgment and any other such motion. The Court accordingly directs Captain Johnson to address his letter motion for a pre-motion conference to Judge Lehrburger. The Clerk of Court is respectfully directed to terminate the motion pending at docket 138 and adjourn sine die the conference scheduled for February 5, 2021. SO ORDERED. Motions terminated: 138 LETTER MOTION for Conference (request that the case-management conference scheduled for February 5, 2021, at 2:00 p.m. serve as a pre-motion conference to discuss the Defendants intention to file a motion for summary judgement on the Plaintiffs s filed by Timothy Johnson. (Signed by Judge Paul A. Engelmayer on 1/22/2021) (jca)
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Filing
134
ORDER: The Court has been advised that discovery in this case has closed. Accordingly, the Court hereby schedules a case-management conference on Friday, February 5, 2021, at 2:00 p.m. The parties should call into the Court's dedicated conferenc e line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key, and as further set forth in this order. (Telephone Conference set for 2/5/2021 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/4/2021) (jwh)
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Filing
109
ORDER: IT IS HEREBY ORDERED: (1) that the Warden or other official in charge of the Anna. M. Kross Center, located at 18-18 Hazen Street, East Elmhurst, New York 11370, produce inmate Trent Patterson, Book and Case No. 349-190-7280, on February 10, 2020, at 10:30 a.m. at a location within the facility for the taking of Mr. Patterson's in- person deposition and for so long thereafter as the deposition continues; and (2) that Mr. Patterson appea r in such place as designated by the Warden or other official in charge of the Anna M. Kross Center so that Mr. Patterson's deposition can be taken. So Ordered. (Signed by Magistrate Judge Robert W. Lehrburger on 2/4/2020) (js)
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Filing
73
OPINION & ORDER: re: 56 MOTION to Dismiss the Third Amended Complaint, filed by Maxolaine Mingo, Junior Lewis, Joseph Aponte, Timothy Johnson. For the foregoing reasons, the Court dismisses all allegations in Patterson's secon d and third amended complaints save the February 20, 2017 excessive force claim against Captain Johnson. The Court directs the Clerk to mail a copy of this decision to plaintiff at the address on file, and as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 1/10/2018) (ap)
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Filing
71
REPORT AND RECOMMENDATION re: 56 MOTION to Dismiss the Third Amended Complaint filed by Maxolaine Mingo, Junior Lewis, Joseph Aponte, Timothy Johnson. For the reasons discussed above, I recommend that the defendants' motion be denied as to the plaintiff's February 20, 2017 excessive force claim against Captain Johnson and granted in all other respects. Pursuant to 28 U.S.C. § 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, t he parties shall have fourteen (14) days to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the Chambers of the Honorable Paul A. Engelmayer, Room 2201, 40 Foley Square, New York, New York 10007, and to the Chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. (Objections to R&R due by 10/13/2017.) (Signed by Magistrate Judge James C. Francis on 9/29/2017) Copies Transmitted this Date By Chambers. (anc)
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Filing
44
OPINION & ORDER adopting Report and Recommendation re: 26 MOTION to Dismiss the Complaint and Amended Complaint filed by Maxolaine Mingo, Joseph Aponte. For the foregoing reasons, the Court dismissed Patterson's Complaint without prejudice. The Clerk of Court is directed to close this case. The Court directs the Clerk to mail a copy of this decision to plaintiff at the address on file. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/17/2017) (anc)
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Filing
43
REPORT AND RECOMMENDATION re: 26 MOTION to Dismiss the Complaint and Amended Complaint filed by Maxolaine Mingo, Joseph Aponte. For the reasons discussed above, I recommend that the defendants' motion be granted. Pursuant to 28 U.S.C. § 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk o f the Court, with extra copies delivered to the Chambers of the Honorable Paul A. Engelmayer, Room 2201, 40 Foley Square, New York, New York 10007, and to the Chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. (Objections to R&R due by 4/13/2017.) (Signed by Magistrate Judge James C. Francis on 3/30/2017) (anc)
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