Portillo v. Aponte et al
| Jamie Portillo |
| Joseph Aponte, Mingo, Jane Doe, John Doe, N.Y.C. Health and Hospitals Corporation and Jane Does |
| 1:2016cv04731 |
| June 21, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Valerie E. Caproni |
| 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
241
OPINION AND ORDER re: 237 MOTION to Vacate 236 Taxation of Costs, . filed by Jamie Portillo. For the foregoing reasons, Plaintiff's motion to vacate taxation of costs is GRANTED, and the Taxation of Costs at Dkt. 236 is VA CATED. No costs shall be awarded to Defendants. The Clerk of Court is respectfully directed to terminate the open motion at Dkt. 237. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/15/2024) (tg) Transmission to Finance Unit (Cashiers) for processing.
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Filing
228
JUDGMENT AND ORDER: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that after a Jury Trial before the Honorable Valerie Caproni, United States District Judge, the jury having rendered a verdict on August 1, 2023 in favor of Defendants, judgment is entered in favor of Defendants Jennifer Webb, Manuel Aldir, and Lucyna Gasanov. The Clerk of Court is respectfully directed to terminate all open motions and to close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/1/2023) (tg)
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Filing
209
MEMO ENDORSED ORDER granting 206 Motion re: 206 MOTION respectfully requesting that I be terminated from the docket as I have no involvement in this matter . ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Christopher G. Arko as counsel for Defendants. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/29/23) (yv)
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Filing
203
ORDER: IT IS HEREBY ORDERED that not later than Tuesday, June 27, 2023, the parties must file a joint letter to the Court indicating whether, in light of any changed circumstances or the Court's criminal trial, the trial in this matter could be adjourned to July 31, 2023. All other deadlines in this case remain in place. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/23/2023) (tg)
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Filing
195
ORDER granting 194 Letter Motion for Extension of Time to File. Application GRANTED. The deadline for the parties to submit motions in limine is hereby extended from Friday, June 16, 2023 to Wednesday, June 21, 2023. Responses are due not later than Thursday, July 6, 2023. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/13/2023) (tg)
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Filing
179
ORDER: IT IS HEREBY ORDERED that the parties are ordered to submit a joint letter by April 7, 2023, stating whether they have reached an agreement regarding Plaintiff's request for limited discovery. If the parties have agreed to reopen disco very, the letter must include a proposed discovery schedule. If the parties have not reached an agreement, the letter must include a proposed briefing schedule for any motion to reopen discovery. IT IS FURTHER ORDERED that the parties must keep their calendars clear so that trial can, assuming the discovery issues can be expeditiously resolved, begin on June 26, 2023. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/3/2023) (tg)
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Filing
175
ORDER granting 174 Letter Motion for Extension of Time to File. Application GRANTED. The Court is unavailable to hold a trial in this matter during the weeks of May 15 and May 22. In the next update, the parties must include their availability for a trial in late June or early July. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/20/2023) (tg)
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Filing
169
OPINION AND ORDER 161 Report and Recommendations,, 128 Motion for Summary Judgment filed by Manuel Aldir, Lycha Gasanov, Jennifer Webb. IT IS HEREBY ORDERED that the R&R is adopted in full and Defendants' motion for summary judgment is GRANTED in part. IT IS FURTHER ORDERED that the Clerk of Court is ordered to lift the stay entered on July 21, 2022, Dkt. 166, and to terminate the open motion at Dkt. 128. The Clerk of Court is further requested to mail a copy of this Order to t he Plaintiff and to note the mailing on the docket. IT IS FURTHER ORDERED that, by no later than December 2, 2022, Plaintiff must inform the Court by letter whether he would like the Court to attempt to obtain pro bono counsel for him for the purpo ses of trial and trial preparation. By January 3, 2023, the parties must meet and confer to develop a mutually convenient schedule for the submission of motions in limine and a joint pretrial order, as well as trial. Defendants must submit a joint letter on behalf of both parties with the proposed schedule by no later than January 6, 2023. SO ORDERED. Case Stay Lifted. (Signed by Judge Valerie E. Caproni on 11/7/2022) (tg)
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Filing
139
ORDER: Defendants have filed and served on plaintiff a motion for summary judgment. As explained in a notice accompanying that motion, plaintiff may need to submit a sworn statement -- that is, an affidavit --in response to that motion. If plaintiff submits an affidavit from a monolingual Spanish speaker, such as himself, the affidavit must be submitted in an English translation. The English translation must be accompanied by a sworn statement from the translator of the affidavit stating that he or she translated the affidavit written by Portillo from Spanish to English and that the translator accurately translated the document. The statement must also set forth the level of the translator's knowledge of English and Spanish. Plaintiff response shall be filed on or before February 7, 2022. Plaintiff may file his response by mailing it to: Pro Se Docketing, U.S. Courthouse, 500 Pearl Street, New York, NY 10007. Any reply by the defendants shall be filed within two weeks of the date of the docketing of plaintiff's opposition papers. The Clerk is requested to mail a copy of this Order to the pro se plaintiff. SO ORDERED., ( Responses due by 2/7/2022) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/10/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
117
ORDER terminating 116 Letter Motion for Discovery. The deposition should proceed as scheduled. The Court is not considering the letter dated October 17, 2021, because, as previously noted, any application for relief from plaintiff must be accompa nied by a sworn statement from the translator of the document stating that he or she translated the document written by Portillo from Spanish to English and that the translator accurately translated the document. The statement must also set forth the level of the translator's knowledge of English and Spanish. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/25/2021) Copies Mailed By Chambers. (cf)
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Filing
111
ORDER: granting 110 Letter Motion for Discovery. Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/28/2021) Copies Mailed By Chambers. (ama)
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Filing
46
ORDER DECLINING REPORT & RECOMMENDATION AND REFERRING CASE TO MAGISTRATE JUDGE re: 44 Report and Recommendation. For the foregoing reasons, the Court declines to adopt the Report and Recommendation issued on May 29, 2018 (Dkt. 44). The case is hereby referred back to Magistrate Judge Gorenstein for further general pretrial matters and any dispositive motions related to the second amended complaint. The Clerk of Court is respectfully requested to terminate docket entry 45. The Clerk of Co urt is further requested to mail a copy of this Order and the Second R&R to Mr. Jamie (a.k.a. Jaime) Portillo and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/27/2018) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
44
REPORT AND RECOMMENDATION: Portillo failed to file a third amended complaint before the April 2, 2018 deadline. Accordingly, on April 23, 2018, the Court issued an Order to Show Cause directing Portillo "to explain why this case should not be di smissed under Federal Rule of Civil Procedure 12(b)(6) because Portillo has not filed a complaint that states a claim, or under Federal Rule of Civil Procedure 41(b) for failure to prosecute." The Court gave Portillo until May 11, 2018, to make this explanation. The May 11 deadline has now passed without any explanation from Portillo as to why the case should not be dismissed. Nor has Portillo filed a third amended complaint curing the defects in the prior complaints. Because the Second Ame nded Complaint did not comply with the Court's directives, that complaint should be deemed ineffective to cure the defects in Portillo's First Amended Complaint. And because the Court has already found that the First Amended Complaint fails to state a claim (Docket # 38), this case should be dismissed. Objections to R&R due by 6/12/2018. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/25/2018) Copies Sent By Chambers. (ama)
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Filing
38
ORDER ADOPTING REPORT AND RECOMMENDATION. Defendants' motion to dismiss is GRANTED and Plaintiff is given leave to file a second amended complaint. As noted above, Plaintiff has already filed a second amended complaint. The Court will issue a ne w referral to Magistrate Judge Gorenstein relative to Plaintiff's second amended complaint. The Clerk of Court is respectfully requested to close the open motion at docket entry 23. The Clerk of Court is further requested to mail a copy of this Order and the R&R to Plaintiff and to note mailing on the docket. 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 in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a non-frivolous issue). SO ORDERED. Re 34 Report and Recommendations, 23 Motion to Dismiss filed by Manuel Aldir, Jennifer Webb. (Signed by Judge Valerie E. Caproni on 1/17/2018) (rjm)
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Filing
34
REPORT AND RECOMMENDATION. For the reasons stated above, defendant's motion to dismiss (Docket #23) should be granted. Portillo should be permitted 21 days to file a second amended complaint in the event he believes that he can cure the defects in his excessive force claim. The Court notes also that a record attached by plaintiff to his motion papers states that he is a "monolingual Spanish Speaker." Baik Letter. Any amended filing must contain a clear explanation that the new ame nded complaint was composed by Portillo and that it has been accurately translated. re: 23 MOTION to Dismiss the 17 Amended Complaint filed by Manuel Aldir, Jennifer Webb. Objections to R&R due by 10/26/2017. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/11/2017) Copies Sent By Chambers. (rjm)
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