Brandon v. Royce et al
| Chamma K. Brandon |
| Mark Royce, Leslie Malin and John V. Werlau |
| 1:2016cv05552 |
| July 12, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Vincent L. Briccetti |
| 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
216
ORDER RE SETTLEMENT CONFERENCE PROCEDURES: This matter is scheduled for a remote settlement conference on the Teams videoconferencing platform before Magistrate Judge Victoria Reznik on December 17, 2024 at 2:30 pm. Counsel will be provided with the Teams links by email before the conference. The following procedures shall apply. SO ORDERED (Signed by Magistrate Judge Victoria Reznik on 10/24/2024) ( Settlement Conference set for 12/17/2024 at 02:30 PM before Magistrate Judge Victoria Reznik.) (ks)
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Filing
215
ORDER As discussed at a conference held today on the record and attended by plaintiff and counsel for defendants, it is HEREBY ORDERED: 1. The next case management conference in this matter is scheduled for January 8, 2025, at 11:30 a.m. in Cour troom 620 at the White Plains Courthouse. 2. By separate order, the Court will refer the parties to the Honorable Victoria Reznik, United States Magistrate Judge, for purpose of settlement. SO ORDERED. (Case Management Conference set for 1/8/2025 at 11:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 10/17/2024) (jca)
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Filing
208
ORDER Plaintiff, proceeding pro se and in forma pauperis, filed a letter requesting permission to make electronic case filings. (Doc. #207). Plaintiff has previously completed the Court's CM/ECF introduction course. (Doc. #90).Plaintiffs applic ation is GRANTED. The Clerk is directed to reinstate plaintiffs registration as a filing user in this matter. However, if, during the course of this proceeding, plaintiff retains an attorney who appears on plaintiffs behalf, the attorney must advis e the Clerk to terminate plaintiffs registration as a Filing User upon the attorney's appearance. See SDNY ECF Rules & Instructions Pt. I § 2.2(a). Chambers will mail a copy of this Order to plaintiff at the address on the docket and email a copy to chamma.brandon@live.law.cuny.edu. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/18/2024) Copies Mailed By Chambers. (jca) Transmission to Attorney Services/Help Desk.
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Filing
206
ORDER: As discussed at a conference held today and attended by plaintiff and counsel for defendants, it is HEREBY ORDERED: 1. The parties are directed to continue settlement discussions in good faith. By August 9, 2024, defendants shall file a join t status report providing an update on the status of settlement discussions and indicating whether the parties, or either of them, believe a reference to the magistrate judge for a settlement conference would be appropriate. 2. The next case manage ment conference in this matter is scheduled for September 17, 2024, at 12:00 p.m. in Courtroom 620 at the White Plains Courthouse. 3. The Clerk is directed to reopen this matter. Chambers will mail a copy of this Order to plaintiff at the address on the docket and email a copy to chamma.brandon@live.law.cuny.edu. SO ORDERED (Signed by Judge Vincent L. Briccetti on 7/9/2024) ( Case Management Conference set for 9/17/2024 at 12:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) Copies mailed by Chambers. (ks)
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Filing
192
MEMORANDUM OPINION AND ORDER re: 180 MOTION for New Trial. filed by Chamma K. Brandon. Plaintiffs renewed motion for judgment as a matter of law pursuant to Rule 50(b) or, in the alternative, for a new trial pursuant to Rule 59, is DENIED. The Clerk is instructed to terminate the motion. (Doc. #180). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/22/2022) Copies Mailed By Chambers. (mml)
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Filing
176
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Vincent L. Briccetti, United States District Judge, the jury having returned a verdict in favor of Defendant, and the Complaint is hereby dismissed. (Signed by Judge Vincent L. Briccetti on 9/16/2021) (mml)
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Filing
164
JOINT ORDER REGARDING PHYSICAL EXHIBITS AT TRIAL: In connection with the above-captioned action, it is HEREBY ORDERED that Plaintiffs Counsel Jeremy Baldoni, Andrew Sutton, Jacqueline Stykes and Justin Giles and Defendant's Counsel Julinda Daw kins and Amanda Yoon are authorized to bring the physical evidence and demonstrative exhibits identified below into the Courthouse located at 300 Quarropas St., White Plains, NY 10601 for the trial scheduled to begin on September 8, 2021 and to end o n or about September 14, 2021. AUTHORIZED PHYSICAL EXHIBITS AND DEMONSTRATIVES 1. Plaintiff is authorized to bring light bulbs, packaging for light bulbs, lighting fixtures, packaging for lighting fixtures, stands on which to mount those fixtures an d bulbs, and associated wiring to be presented as evidence or demonstrative exhibits at trial. 2. Defendant is authorized to bring light bulbs, packaging for light bulbs, lighting fixtures, packaging for lighting fixtures, stands on which to mount those fixtures and bulbs, and associated wiring to be presented as evidence or demonstrative exhibits at trial. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/1/2021) (mml)
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Filing
162
ORDER: For the reasons stated on the record at the final pretrial conference on August 30, 2021, the motions in limine were resolved. The Clerk is instructed to terminate the motions. (Docs. ##125, 128). SO ORDERED. Motions terminated: 125 MOTION in Limine To Exclude Improper Expert Or Opinion Testimony. filed by Chamma K. Brandon, 128 MOTION in Limine . filed by Mark Royce. (Signed by Judge Vincent L. Briccetti on 8/31/2021) (jca)
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Filing
148
ORDER: As discussed at a teleconference and follow-up call held today, each of which counsel for both parties attended, it is HEREBY ORDERED: 1. The jury selection and trial scheduled for February 1, 2021, at 9:00 a.m., is adjourned. Jury selectio n and trial are tentatively scheduled to begin September 7, 2021, at 9:30 a.m., subject to the Court's COVID-19 scheduling protocols, absent further Court Order. 2. The final pre-trial conference scheduled for January 15, 2021, at 2:30 p.m., is adjourned to August 30, 2021, at 2:30 p.m. At this time, the Court expects to conduct this conference in person at the Courthouse. SO ORDERED. (Final Pretrial Conference set for 8/30/2021 at 02:30 PM before Judge Vincent L. Briccetti, Jury Selection set for 9/7/2021 at 09:30AM before Judge Vincent L. Briccetti, Jury Trial set for 9/7/2021 at 09:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 12/28/2020) (jca)
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Filing
116
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. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 9/11/2020) (ks)
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Filing
114
ORDER: As discussed at an on-the-record conference held today, which counsel for both parties attended by telephone, it is HEREBY ORDERED: (As further set forth herein.) 1. For the reasons stated on the record, plaintiff's application to reope n discovery is DENIED. ( Motions due by 9/18/2020. Responses due by 10/2/2020. Final Pretrial Conference set for 1/15/2021 at 02:30 PM before Judge Vincent L. Briccetti. Jury Selection set for 2/1/2021 at 09:00AM before Judge Vincent L. Briccetti. Jury Trial set for 2/1/2021 at 09:00 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 9/10/2020) (va)
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Filing
107
ORDER: By August 21, 2020, the parties shall submit a Joint Pretrial Order, in accordance with Paragraph 4.A of the Court's Individual Practices. By September 18, 2020, the parties shall file proposed voir dire, any motions in limine, joint proposed jury instructions, and a joint verdict form. Oppositions to motions in limine, if any, are due October 2, 2020. A pre-trial conference is scheduled for September 10, 2020, at 10:00 a.m., for the purpose of discussing how much notice the p arties will require prior to jury selection and trial. Counsel shall attend by calling the following number and entering the access code when requested: Number: (888) 363-4749 (toll-free) or (215) 446-3662. Access Code: 1703567. (As further set fo rth in this Order.) (Motions due by 9/18/2020., Pretrial Order due by 8/21/2020., Responses due by 10/2/2020, Telephone Conference set for 9/10/2020 at 10:00 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 7/8/2020) (cf)
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Filing
103
STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/24/2020) (ama)
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Filing
80
OPINION AND ORDER: re: 61 MOTION for Summary Judgment filed by Mark Royce, Leslie Malin, John V. Werlau. The motion for summary judgment is GRANTED IN PART and DENIED IN PART. The Court grants summary judgment in defendants' favor on plaint iff's First Amendment free exercise claim and plaintiff's Eighth Amendment claim to the extent it is based on the installation of light bulbs in November 2015. Plaintiff's Eighth Amendment claim against defendant Royce based on the con stant illumination of plaintiff's cells beginning on December 11, 2015, may proceed. Plaintiff and defense counsel are directed to appear for an in-person status conference on April 9, 2019, at 10:30 a.m., at the United States Courthouse in Whit e Plains, Courtroom 620, at which time the Court will set a trial date and a schedule for pretrial submissions. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this case, the parties, prior t o that date, are directed to discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conduct all further proceedings, including trial, before the assigned Magistrate Judge. The Clerk is instructed to (i) terminate the motion (D oc. # 61) and (ii) terminate defendants Leslie Malin and John V. Werlau. 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 forma pauperis status is denied fo r the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED., ( Status Conference set for 4/9/2019 at 10:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.), Leslie Malin (Deputy Superintendent of Programs) and John V. Werlau (Safety and Security Lieutenant, are sued in their official and individual capacities) terminated. (Signed by Judge Vincent L. Briccetti on 3/15/2019) Copies Mailed By Chambers. (ama)
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Filing
25
OPINION AND ORDER: re: 17 MOTION to Dismiss. Defendants motion to dismiss is GRANTED with respect to the RLUIPA claims and all monetary claims against defendants in their official capacities. The motion is DENIED in all other respects.Defenda nts time to file an answer to the complaint is governed by Fed. R. Civ. P. 12(a)(4).By separate order, the Court will schedule an initial conference pursuant to Fed. R. Civ. P. 16 for the purpose of setting discovery deadlines and addressing other ca se management issues.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 forma pauperis status is denied for the purpose of an appeal. See Coppedge v United States, 369 U.S. 438, 444-45 (1962).The Clerk is instructed to terminate the motion. (Doc. #17). (Signed by Judge Vincent L. Briccetti on 6/20/2017) Copies Mailed By Chambers. (js) Modified on 6/20/2017 (tn).
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