Portillo v. Aponte et al
Plaintiff: Jamie Portillo
Defendant: Joseph Aponte, Mingo, Jane Doe, John Doe, N.Y.C. Health and Hospitals Corporation and Jane Does
Case Number: 1:2016cv04731
Filed: June 21, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Queens
Presiding Judge: Valerie E. Caproni
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
January 10, 2022 Opinion or Order 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.
October 25, 2021 Opinion or Order 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)
September 28, 2021 Opinion or Order 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)
November 27, 2018 Opinion or Order 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.
May 29, 2018 Opinion or Order 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)
January 17, 2018 Opinion or Order 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)
October 12, 2017 Opinion or Order 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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Plaintiff: Jamie Portillo
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Defendant: Joseph Aponte
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Defendant: Mingo
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Defendant: Jane Doe
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Defendant: John Doe
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Defendant: N.Y.C. Health and Hospitals Corporation
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Defendant: Jane Does
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