Hutter v. Schriro et al
| Steven Hutter |
| Commissioner Dora Schriro, Warden Raino Hills, Warden Rose Agro, Captain Barber, Captain John Doe, Captain White, Captain Flores, C.O. John Doe, John Doe, C.O. Alkinston, C.O. Clark, Christopher Constantine, Dr. Akash Bhatnagar, Jane SanJose, Shearn Glenda, Jessey Liburd, Allen Walker, Harjinder Bhatti, Gloria Ihenacho and Sikder Tahmina |
| 1:2016cv06586 |
| August 19, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Cayuga |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
304
ORDER with respect to 303 Motion for Discovery. The Court is in receipt of Mr. Kaufman's letter of August 27, 2021 (dkt. no. 303) stating that the City does not have a Son of Sam waiver form. Mr. Hutter shall inform the Court by letter if he wishes to conduct a settlement conference with the Son of Sam limitations in effect or if he will procure Son of Sam waiver form(s) from the victim(s) and proffer them to the City in advance of the conference. The Clerk is directed to mail a copy of this order to Mr. Hutter. SO ORDERED.. (Signed by Judge Loretta A. Preska on 8/30/2021) (kv)
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Filing
302
ORDER: The City shall inform the Court no later than August 27, 2021 if there is any reason for it not to forward to Mr. Hutter its Son of Sam waiver form. Otherwise, the City shall forward the Son of Sam waiver form to Mr. Hutter by August 27. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/24/2021) (va)
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Filing
299
ORDER: re: 284 LETTER MOTION for Discovery and response to Docket Entry Numbers 266 and 282, Plaintiff's letters addressed to Judge Loretta A. Preska from Joshua Kaufman dated October 30, 2020. filed by Harjinder Bhatti, C.O. A lkinston, Sikder Tahmina, Captain White, Monica Windley, Captain Barber, Warden Raino Hills, Allen Walker, Morales, Gloria Ihenacho, Captain Flores, Nelson, Shearn Glenda, P.A. Alves, Jessey Liburd, Warden Jeniings, Commissioner Dora Schriro, James Garrity, Jane SanJose. As agreed by the parties during the conference held on July 21, 2021, the letter motion at docket entry 284 has been resolved. The Clerk of Court is directed to close that open motion. SO ORDERED. Motions terminated: 284 LETTER MOTION for Discovery and response to Docket Entry Numbers 266 and 282, Plaintiff's letters addressed to Judge Loretta A. Preska from Joshua Kaufman dated October 30, 2020. filed by Harjinder Bhatti, C.O. Alkinston, Sikder Tahmina, Captain White, Monica Windley, Captain Barber, Warden Raino Hills, Allen Walker, Morales, Gloria Ihenacho, Nelson, Captain Flores, Shearn Glenda, P.A. Alves, Jessey Liburd, Warden Jeniings, Commissioner Dora Schriro, James Garrity, Jane SanJose. (Signed by Judge Loretta A. Preska on 7/28/2021) (ate)
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Filing
298
ORDER: The parties appeared telephonically before the Court on July 21, 2021 for a conference. It was agreed that: (As further set forth herein.) Mr. Hutter shall file his Fourth Amended Complaint no later than August 23, 2021. As discussed at the July 21 conference, Mr. Hutter shall substitute as a defendant the warden who served at the time of the alleged incidents. The City has no objection to Mr. Hutter's making this substitution. ( Amended Pleadings due by 8/23/2021.) (Signed by Judge Loretta A. Preska on 7/26/2021) (va)
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Filing
296
ORDER: The teleconference scheduled for June 17, 2021 is adjourned to July 21, 2021 at 2:00 p.m. Mr. Hutter and counsel shall appear using the following teleconference information: (877) 402-9753, access code: 6545179. SO ORDERED. ( Telephone Conference set for 7/21/2021 at 02:00 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 6/14/2021) (va)
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Filing
280
ORDER with respect to 279 Letter Motion for Extension of Time; with respect to 260 Letter Motion for Discovery. Mr. Hutter shall file his response to Defendants' August 28, 2020 letter as soon as is practicable. Given Mr. Hutter's current situation at his facility, the Court will not set a firm deadline for his response. Defendants shall file their response to that letter-and to Mr. Hutter's letter dated August 24, 2020 (dkt. no. 266)--no later than 14 days after it is filed on the docket. The Clerk of the Court is respectfully directed to mail a copy of this order to Mr. Hutter. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/15/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
268
ORDER re: 259 Letter filed by Steven Hutter. The Court is in receipt of Plaintiff Steven Hutter's letter dated August 24, 2020, responding to the Court's order of July 29, 2020. (See dkt. no. 266.) The Court presumes this letter to be the detailed letter promised by Mr. Hutter in his letter dated August 14, 2020. (See dkt. no. 259.) Defendants shall respond to Mr. Hutter's August 24 letter no later than September 14, 2020. The Clerk of the Court is respectfully directed to mail a copy of this order to Mr. Hutter. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/4/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
264
ORDER re: 263 Letter filed by Steven Hutter. The Court is in receipt for Plaintiff Steven Hutter's request for a one-week extension of time to respond to Defendants' letter dated August 17, 2020 (dkt. no. 263).1 Mr. Hutter's r equest for an extension is granted. To account for any delays related to mailing, Mr. Hutter may respond to Defendants' letter no later than September 14, 2020. The Clerk of the Court is respectfully directed to mail a copy of this order to Mr. Hutter. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/3/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
261
ORDER with respect to 260 Letter Motion for Discovery. The Court is in receipt of Defense Counsel Joshua Kaufman's letter dated August 28, 2020 (dkt. no. 260). Mr. Hutter may respond to that letter no later than September 14, 2020. I n addition, Mr. Kaufman shall inform the Court of the attorney who will cover for him on this case during his paternity leave. The Clerk of the Court is respectfully directed to mail a copy of this order to Mr. Hutter. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/31/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
257
ORDER re: 256 LETTER MOTION for Discovery and Status report pursuant to the Court's Order of July 29, 2020 addressed to Judge Loretta A. Preska from Joshua S. Kaufman dated August 17, 2020. filed by Harjinder Bhatti, C.O. Alkin ston, Sikder Tahmina, Captain White, Monica Windley, Captain Barber, Warden Raino Hills, Allen Walker, Morales, Gloria Ihenacho, Nelson, Captain Flores, Shearn Glenda, P.A. Alves, Jessey Liburd, Warden Jeniings, Commissioner Dora Sch riro, James Garrity, Jane SanJose. The Court is in receipt of Defense Counsel Joshua Kaufman's letter dated August 17, 2020, concerning various discovery issues [dkt. no. 256]. Mr. Hutter shall respond to Mr. Kaufman's letter no late r than September 1, 2020. The Clerk of the Court is respectfully directed to mail a copy of this order to Mr. Hutter. SO ORDERED. ( Responses due by 9/1/2020) (Signed by Judge Loretta A. Preska on 8/18/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
253
ORDER: The Court has reviewed defense counsel's letter dated July 31, 2020. (See dkt. no. 252.) The Court understands that letter to say that the Law Department represents Ms. Mello and that Ms. Cooke will respond to Mr. Hutter's sub poena. If those understandings are correct, the extension of time to August 28 to comply with Mr. Hutter's subpoena is granted. The Clerk of the Court is respectfully directed to mail a copy of this order to Mr. Hutter. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/3/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
251
ORDER granting in part and denying in part 228 Motion to Compel; granting in part and denying in part 244 Motion to Stay. First, Counsel shall inform the Court promptly if they represent Ms. Mello and/or Ms. Cooke. Plaintiff's motio n to compel (dkt. no. 228) is granted in part and denied in part. Defendants shall produce to Plaintiff no laterthan August 28, 2020, the Department of Corrections' Duty Roster for 2013 and 2014 and all affidavits filed in support of the City� 39;s requests to be relieved of further efforts to identify John Does (other that those of Officers Vega and Cannon), as previously ordered (dkt. no. 186). The Court acknowledges that, in thisorder, it changed the dates of the Duty Rosters required from 2013and 2019 to 2013 and 2014 in light of Mr. Hutter's release from custody in September of 2014. To the extent that there are no additional affidavits in support of the motion, counsel shall file an affidavit explaining why the search rel ated only to the van driver and not to the other John Does. Defendants shall also produce to Plaintiff no later than August 28 job numbers and duty identifications, including those for Mod 2 in the RNDC, for 2013 and 2014, as ordered in dkt. no. 184. Defendants shall submit, no later than August 17, an affidavit explaining the apparent discrepancies Mr. Hutter identifies between the documents attached as Exhibits C and D, including the documents hand-numbered 106, 107, and 108, to his reply (dkt. no. 241), including why documents said to be missing became found. Counsel shall confer with Plaintiff and inform the Court by letter no later than August 17 of the status of the responses to the interrogatories propounded by Plaintiff (beginni ng at dkt. nos. 120 and 161) and the subpoenas issued by Plaintiff (e.g., dkt. entries dated 10/2/19, 5/21/20, 6/16/20, 7/15/20). Defendants' motion to extend the stay (dkt. no. 244) is granted in part and denied in part. The blanket stay on th is action is lifted and Defense counsel shall proceed with the matters set out above and with other paper discovery. Depositions shall be stayed. Finally, and in light of the above, the Court withdraws its prior order relieving the City of further ef forts to identify the John Does (dkt. no. 136). The Clerk of the Court is respectfully directed to mail a copy of this order to Mr. Hutter. SO ORDERED.. (Signed by Judge Loretta A. Preska on 7/29/2020) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
247
ORDER with respect to 244 Letter Motion to Stay. Mr. Hutter may respond to Defendants' request to continue the stay [dkt. no. 244] no later than July 13, 2020. The Court will reserve decision on Mr. Hutter's renewed request for a telephone conference [dkt. no. 245] until after it receives Mr. Hutter's written response to Defendants' request for a stay. Chambers will mail a copy of this order to Mr. Hutter. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/29/2020) (va)
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Filing
239
ORDER: The attached order granting Defendants' request for a 90 day stay of litigation until July 2, 2020, (dkt. no. 235), was issued on April 3, 2020, but apparently was not docketed. Accordingly, the order is re-issued today. Given the st ay of litigation, Mr. Hutter's request for a telephone conference, (dkt. no. 238), is presently denied. However, that denial is without prejudice and, once the stay has lifted, Mr. Hutter may reinstate by letter his request for a teleconference. A copy of this order has been mailed to Mr. Hutter. SO ORDERED. Case stayed. (Signed by Judge Loretta A. Preska on 5/6/2020) (va)
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Filing
236
ORDER re: 229 Affidavit in Support of Motion, filed by Steven Hutter, 234 Letter filed by Steven Hutter, 230 Response in Opposition to Motion,, filed by Harjinder Bhatti, C.O. Alkinston, Sikder Tahmina, Captain White, Monica Windl ey, Captain Barber, Warden Raino Hills, Allen Walker, Morales, Gloria Ihenacho, Nelson, Captain Flores, Shearn Glenda, P.A. Alves, Jessey Liburd, Warden Jeniings, Commissioner Dora Schriro, James Garrity, Jane SanJose. Before the Cour t is Mr. Hutter's motion to compel production of certain documents (dkt. no. 229), the Defendants' opposition (dkt. no. 230), and Mr. Hutter's reply (dkt. No. 234). (As further set forth herein this Order.) SO ORDERED. (Signed by Judge Loretta A. Preska on 4/7/2020) (va)
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