Jhargo v. Brown (John Doe) et al
| Ryan Jhargo |
| Brown (John Doe) and Jane Doe |
| 1:2016cv03426 |
| May 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Ronald L. Ellis |
| Laura Taylor Swain |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
185
ORDER: IT IS HEREBY ORDERED: that (1) on or before Monday July 26, 2021, the Warden or other officer in charge of the Auburn Correctional Facility shall produce inmate Ryan Jhagroo, DIN # 17R1739, to speak with his counsel for a legal discussion via telephone, and provide inmate Ryan Jhagroo, DIN # 17R1739, all the privileges and protections afforded to inmates during their communications with counsel during this call; and (2) that the Warden or other officer in charge of the Auburn C orrectional Facility shall produce inmate Ryan Jhagroo, DIN # 17R1739, for meetings with his counsel and his retained expert on a regular basis, via video conference link or via telephone, as requested by his counsel either in writing or by telep hone with at least 48 hours' notice, and provide inmate Ryan Jhagroo, DIN # 17R1739, all the privileges and protections afforded to inmates during their communications with counselduring these meetings. So Ordered (Signed by Judge Mary Kay Vyskocil on 7/22/2021) (js)
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Filing
180
ORDER OF DISMISSAL: The Court is in receipt of a letter from the parties informing the Court that they have reached a settlement in principle [ECF #179]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued without co sts to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made by July 8, 2021. If no such application is made by that date, today's dismissal of the action is wit h prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004). IT IS FURTHER ORDERED that the trial that was previously scheduled to take place and all other dates and deadlines are adjourned sine die. SO ORDERED., M otions terminated: 164 LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from DAVID KERSCHNER dated January 8, 2021. filed by Ryan Jhagroo, 153 MOTION in Limine [NOTICE OF MOTION FOR PLAINTIFFS MOTION IN LIMINE ]< /i>. filed by Ryan Jhagroo, 151 MOTION in Limine [NOTICE OF MOTION FOR PLAINTIFFS MOTION IN LIMINE TO PRECLUDE DEFENDANTS FROM INTRODUCING EVIDENCE OR ELICITING TESTIMONY REGARDING PLAINTIFF NOT REQUESTING A FORMAL HOUSING TRANSFER]. f iled by Ryan Jhagroo, 167 JOINT LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from David Kerschner dated January 12, 2021. filed by Ryan Jhagroo, 146 MOTION in Limine . filed by Jane Doe, Brown (John Doe), 156 LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from David Kerschner dated December 28, 2020. filed by Ryan Jhagroo. (Signed by Judge Mary Kay Vyskocil on 6/4/2021) (rj)
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Filing
177
ORDER: IT IS HEREBY ORDERED: that (1) the Warden or other officer in charge of Marcy RMHU shall produce inmate Ryan Jhagroo, DIN # 17R1739, to speak with his counsel for legal discussion via telephone or video conference link on a regular basis (at l east once a week), as requested by his counsel either in writing or by telephone with at least 48 hours' notice, and provide inmate Ryan Jhagroo, DIN # 17R1739, all the privileges and protections afforded to inmates during their communications w ith counsel during these calls; (2) that the Warden or other officer in charge of Marcy RMHU shall produce inmate Ryan Jhagroo, DIN # 17R1739, for trial and pretrial proceedings in the above-captioned case which has been scheduled for June 14, 2021 t hrough June 18, 2021. IT IS FURTHER ORDERED: that upon his return to either Wende Correctional Facility or Collins Correctional Facility, or transfer to a different New York State Department of Corrections and Community Supervision facility, (1) the Warden or other officer in charge of the facility shall produce inmate Ryan Jhagroo, DIN # 17R1739, to speak with his counsel for legal discussion via telephone or video conference link on a regular basis (at least once a week), as requested by his c ounsel either in writing or by telephone with at least 48 hours' notice, and provide inmate Ryan Jhagroo, DIN # 17R1739, all the privileges and protections afforded to inmates during their communications with counsel during these meetings; (2) t hat the Warden or other officer in charge of the facility shall produce inmate Ryan Jhagroo, DIN # 17R1739, for trial andpre-trial proceedings in the above-captioned case which has been scheduled for June 14, 2021 through June 18, 2021. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 5/11/2021) (ama)
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Filing
172
ORDER REGARDING COMMUNICATIONS WITH THE COURT: The Court has received several letters that Plaintiff mailed directly to the Court. Because information in the letters appeared to be directed at Plaintiff's counsel, the Cou rt sent copies of his letters to his counsel via email, explained that the Court intended to docket the letters for the completeness of the record in this case, and inquired whether counsel would seek leave to seal or redact the letters. T he Court also urged Plaintiff's counsel to be in touch with Plaintiff. In an email to Chambers, Plaintiff's counsel stated that they did not object to filing the letters on the public docket. They also assured the Court that the y would be in touch with Plaintiff and would remind him not to communicate directly with the Court. Nevertheless, Plaintiff sent the Court yet another letter. The Court is enclosing with this Order each of the letters it has received from Plaintiff to date for docketing. The Court reminds Plaintiff that, because the Court granted Plaintiff's request to pro bono trial counsel [ECF #126], Plaintiff is now represented by counsel and must not communicate directly with the Court. Moreover, IT IS HEREBY ORDERED that the parties, including Plaintiff personally, shall appear for a pretrial conference on April 9, 2021 at 11:30 AM. The conference will be held by telephone. To join, dial 888-278-0296. When prompted, enter Access Code 5195844. IT IS FURTHER ORDERED that the Warden or other officer in charge shall make Plaintiff available to participate in the telephone conference. Plaintiff's counsel shall serve a copy of this Order on the Warden and arrange his appearance at the scheduled time. ( Pretrial Conference set for 4/9/2021 at 11:30 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 3/9/2021) (mro)
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Filing
171
ORDER SCHEDULING TRIAL: Because of the Covid-19 pandemic, judges must request dates to schedule jury trials, and the Clerk's Office creates a schedule for each quarter. The Clerk's Office has informed the Court that the trial of thi s case has been allotted the dates June 15, 20201 through June 18, 2021. Accordingly, IT IS HEREBY ORDERED that the trial of this case will begin on June 15, 2021. IT IS FURTHER ORDERED that the parties shall consult Chief Judge McMahon's Second Amended Standing Order, dated February 16, 2021, regarding Restrictions to Entry to Courthouse, 21-mc-164. The parties must continue to monitor the SDNY website for new or amended standing orders and protocols for entry into the Court house and for the conduct of jury trials during the Covid-19 pandemic. If the parties reach a settlement, they must promptly file a joint letter informing the Court that they no longer intend to proceed to trial, so the Court can inform the Clerk's Office that the dates allotted for the trial of this case may be reassigned to another case awaiting trial. (Signed by Judge Mary Kay Vyskocil on 3/3/2021) (mro)
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Filing
170
ORDER: IT IS HEREBY ORDERED: that (1) on or before Friday February 5, 2021, the Warden or other officer in charge of the Wende Correctional Facility shall produce inmate Ryan Jhagroo, DIN # 17R1739, to speak with his counsel for a legal discussion vi a telephone, and provide inmate Ryan Jhagroo, DIN # 17R1739, all the privileges and protections afforded to inmates during their communications with counsel during this call; (2) on Monday February 22, 2021,from 9:30am - 2:30pm ET the Warden or other officer in charge of the Wende Correctional Facility shall produce inmate Ryan Jhagroo, DIN # 17R1739, to speak with his counsel for a legal discussion via video conference, and provide inmate Ryan Jhagroo, DIN # 17R1739, all the privileges and prot ections afforded to inmates during their communications with counsel during this meeting, and (3) that the Warden or other officer in charge of the Wende Correctional Facility shall produce inmate Ryan Jhagroo, DIN # 17R1739, for meetings with his co unsel and his retained expert on a regular basis, via video conference link or via telephone, as requested by his counsel either in writing or by telephone with at least 48 hours' notice, and provide inmate Ryan Jhagroo, DIN # 17R1739, all the p rivileges and protections afforded to inmates during their communications with counsel during these meetings. IT IS FURTHER ORDERED: that upon his return to Collins Correctional Facility the Warden or other officer in charge of the Collins Correction al Facility shall produce inmate Ryan Jhagroo, DIN # 17R1739, for meetings with his counsel and his retained expert on a regular basis, via video conference link or via telephone, as requested by his counsel either in writing or by telephone with at least 48 hours' notice, and provide inmate Ryan Jhagroo, DIN # 17R1739, all the privileges and protections afforded to inmates during their communications with counsel during these meetings. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 1/29/2021) (ama)
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Filing
141
ORDER: granting 140 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/24/2020) (ama)
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Filing
124
ORDER: Plaintiffs motion to amend and discovery requests are DENIED and his request for trial subpoenas is DENIED WITHOUT PREJUDICE. (Signed by Magistrate Judge Stewart D. Aaron on 6/25/2020) (Aaron, Stewart)
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Filing
119
ORDER: The Court is in receipt of three letters from pro se Plaintiff, dated May 18, 22, and 24, 2020. (See ECF Nos. 116 - 118.) First, each of these letters were sent directly to my chambers, and pro se Plaintiff is admonished that in the future , any communications with the Court should be sent instead to the Pro Se Intake Unit located at 500 Pearl Street, Room 200, New York, NY 10007. A pro se party may not send any document or filing directly to Chambers. 1. for information about an internal affairs investigation (see 5/18/20 Ltr., ECF No. 116); 2. to amend his complaint (see id.); 3. to issue subpoenas (see 5/22/20 Ltr., ECF No. 117); and 4. for additional discovery. (See 5/24/20 Ltr., ECF No. 118.) Chambers will mail this Order to pro se Plaintiff. (Signed by Magistrate Judge Stewart D. Aaron on 6/1/2020) (js)
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Filing
114
ORDER SCHEDULING TELEPHONIC SETTLEMENT CONFERENCE: A telephonic settlement conference is scheduled before Magistrate Judge Stewart Aaron on Tuesday, June 16, 2020 at 1:30 p.m. Mohawk Correctional Facility shall ensure for the partic ipation of Plaintiff, Ryan Jhagroo, by telephone at a suitable place within the facility. If the scheduled time and date presents a hardship, Defendants counsel or the Warden or the Warden's designee should promptly inform Chamb ers by filing a letter on the docket or by calling Courtroom Deputy Katherine Lopez at (212) 805-0274. The Court will provide dial-in information to Defense counsel by email before the conference, and he shall provide it to Mohawk Corr ectional Facility within an appropriate amountof time prior to the Conference. So Ordered. (Settlement Conference set for 6/16/2020 at 01:30 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 5/15/2020) (js)
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Filing
112
ORDER FOR LIMITED APPEARANCE OF PRO BONO COUNSEL: 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, which will be schedule d in June 2020 in accordance with ECF No. 111. If counsel is located, such counsel will represent the plaintiff solely for purposes of the settlement negotiations and that representation will terminate at the conclusion of the settlement process. Any limited assignment pro bono counsel shall both prepare for and participate in the settlement conference remotely. In addition, any consultations with Plaintiff shall be conducted remotely. If the Clerk of Court is unable to l ocate counsel, the plaintiff must appear without counsel at the settlement conference. Plaintiff shall note that there is no guarantee that pro bono counsel will be assigned, since counsel must volunteer to participate. If the plaintiff objects to this grant of pro bono counsel, the plaintiff must file an objection within 14 days of the date of this order. In the event the plaintiff files such an objection, this grant for pro bono counsel is vacated. (Signed by Magistrate Judge Stewart D. Aaron on 5/5/2020) (js)
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Filing
108
ORDER ADJOURNING SETTLEMENT CONFERENCE: In view of the ongoing COVID-19 outbreak, and the fact that the Plaintiff is incarcerated at Mohawk Correctional Facility, the Court hereby adjourns the settlement conference scheduled for Monday, April 8 , 2020 at 10:00 a.m. sine die. No later than April 30, 2020, defense counsel shall propose new dates for a settlement conference based upon when Plaintiff is anticipated to have access to a telephone to participate in a settlement conference. Chambers will mail this Order to pro se Plaintiff. (Signed by Magistrate Judge Stewart D. Aaron on 3/23/2020) Copies Sent By Chambers. (js)
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Filing
107
ORDER: A conference to discuss settlement in this matter has been scheduled for Wednesday, April 8, 2020, from 10:00 a.m. until 1:00 p.m. Defendants' counsel shall promptly make the necessary arrangements with the Mohawk Correctional Facility fo r the participation of Plaintiff, Ryan Jhagroo, by telephone at a suitable place within the facility. If the scheduled time and date presents a hardship, Defendant's counsel or the Warden or the Warden's designee should promptly inform Cham bers by filing a letter on the docket or by calling Courtroom Deputy Katherine Lopez at (212) 805-0274. Plaintiff's Defendants' counsel is responsible for bringing Plaintiff's telephone number to Court at the scheduled date and time. The Clerk of the Court is instructed to mail a copy of this Order to the pro se Plaintiff. (Signed by Magistrate Judge Stewart D. Aaron on 2/5/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
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Filing
105
MEMORANDUM OPINION AND ORDER: re: 79 MOTION for Summary Judgment filed by Jane Doe, Brown (John Doe). For the foregoing reasons, Defendants' motion for summary judgment is granted as to Mr. Jhagroo's claims of denial of medical care an d his claim of incitement to violence by Officer Hudson, but denied as to the claim of incitement to violence by Officer Brown and as to the claims of failures to protect by both Defendants. Mr. Jhagroo's request for the appointment of counsel i s denied without prejudice to renewal in connection with settlement discussions and/or trial preparation. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in fo rma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). This matter remains referred to Magistrate Judge Aaron for settlement negotiations and pre-trial preparation. Defense counsel is directed to contact Judge Aaron's chambers to arrange a settlement conference. Docket Entry No. 79 is resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/27/2020) Copies Mailed By Chambers. (ama)
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Filing
70
MEMORANDUM ORDER: terminating 51 Motion to Dismiss for Lack of Prosecution. Accordingly, Plaintiff is hereby given 60 days from the date of this Memorandum Order (until November 9, 2018) to comply with the Court's previous orders (Docket Ent ry Nos. 32 and 48) to provide Defendants with a release of his medical records from June 7, 2010 through the present. If Plaintiff fails to timely comply with this order, this action will be dismissed for the reasons stated in the Report. Defendants are directed to mail a copy of the release to Plaintiff, including any applicable instructions, such as any requirement that it be notarized, within five (5) days of the date of this Memorandum Order. Within five (5) days of the expiration of the 60- day period following this Memorandum Order, Defendants are directed to file a certificate attesting to their timely provision of a copy of the release to Plaintiff and stating whether they have received the properly executed release. The Court certif ies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for thepurpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). This Memorandum Order resolves Docket Entry No. 51. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/10/2018) Copies Mailed By Chambers. (ama)
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