Ross v. Willis et al
| Antoine Ross |
| Captain Willis and John Doe |
| 1:2016cv06704 |
| August 25, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Unassigned |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
266
ORDER: The Court having been advised by Magistrate Judge Willis that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice t o the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. The final pretrial conference scheduled for February 25, 2022, and the trial scheduled to commence on March 1, 2022, are adjourned. The Co urt commends counsel and the parties for resolving this matter amicably. To be clear, any application to reopen must be filed within 30 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Fu1iher, if th e parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 30-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any proposed order appro ving the settlement agreement that seeks the Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/23/2022) (ks)
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Filing
265
ORDER: NOW THEREFORE IT IS ORDERED that the personnel providing security on behalf of NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or the UNITED STATES MARSHAL shall appear at Court in civilian attire, and specifically, in a suit and tie or attire of equivalent formality. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/22/2022) (ks)
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Filing
251
ORDER: The final pretrial conference in this case, originally scheduled to take place telephonically tomorrow, February 17, 2022, at 3 p.m., will be held in person at this same time, in Courtroom 1305 at the Thurgood Marshall United States Court house, 40 Centre Street, New York, New York 10007. Participants are directed to review the District's COVID-19 protocols for courthouse entry, which are available online at https://www.nysd.uscourts.gov/covid-19- coronavirus, to ensure tha t they will be able to gain access to the courthouse. Any participant who cannot attend in person should call into the Court's dedicated conference line at(888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. So Ordered (Signed by Judge Paul A. Engelmayer on 2/16/2022) (js)
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Filing
250
ORDER: To assure sufficient time to cover the full range of pretrial matters presented, the final pretrial conference in this case is rescheduled from 4 p.m. on February 17, 2022 to 3 p.m. SO ORDERED. ( Final Pretrial Conference set for 2/17/2022 at 03:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/15/2022) (va)
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Filing
248
ORDER: The Court has issued a writ of habeas corpus ad testificandum consistent with the proposed writ submitted by plaintiffs counsel. See Dkt. 246. Plaintiffs counsel, who is responsible for serving the writ on the three parties identified th erein, is instructed forthwith to travel to this Court's chambers, located in Suite 2201 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007, to receive copies of the writ for service. Counsel may call chambers at (212) 805-0268 to further coordinate. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/8/2022) (tg)
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Filing
244
ORDER: Due to an unavoidable conflict, the final pretrial conference in this case is rescheduled to February 17, 2022 at 4 p.m. SO ORDERED. ( Final Pretrial Conference set for 2/17/2022 at 04:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/2/2022) (va)
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Filing
243
ORDER: The Court has received the parties' proposed joint pretrial order, briefing on the motions in limine, and proposed voir dire questions, jury instructions, and verdict forms, as well as the parties' corresponding objections thereto. The Court schedules a final pretrial telephonic conference for February 16, 2022 at 4 p.m. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. Coun sel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers.SO ORDERED., ( Final Pretrial Conference set for 2/16/2022 at 04:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/15/2021) (ama)
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Filing
239
ORDER granting 238 Letter Motion to Seal. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/7/2021) (va)
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Filing
225
ORDER: This case has been placed on the jury trial list for March 1, 2022. The case must be trial-ready for that date. This case is a backup on the list for jury trials for that day. This means that the case will not proceed if a trial schedu led ahead of this one goes forward. If the case cannot proceed on the scheduled date, the Court will seek another jury trial date for as soon as possible thereafter. As soon as the Court confirms that the matter will proceed on March 1, 2022, it will inform the parties. SO ORDERED. ( Ready for Trial by 3/1/2022.) (Signed by Judge Paul A. Engelmayer on 12/2/2021) (va)
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Filing
197
ORDER terminating 196 Letter Motion for Extension of Time to File. The Court thanks this counsel for their letter and adjourns the deadline for the submission of the joint pretrial order to November 8, 2021. As the Court's deadline to submit dates for a trial in the first quarter of 2022 is November 15, 2021, the Court expects to reach out to counsel promptly after November 8 to discuss potential trial dates. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/27/2021) (vfr)
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Filing
194
ORDER granting 193 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/16/2021) (rro)
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Filing
192
OPINION & ORDER re: 146 MOTION for Summary Judgment, filed by Captain Willis; 149 MOTION for Summary Judgment Re: Notice of Motion filed by Correction Officer Genoves, Correction Officer George. For the foregoing reasons , the Court denies defendants' motion for summary judgment on Ross's excessive force and failure to intervene claims, and grants defendant's motion as to the deliberate indifference claims. The Clerk of Court is respectfully dire cted to terminate the motions pending at dockets 146 and 149. Barring settlement, the case will now proceed to a jury trial. Counsel are directed promptly to meet and confer to discuss potential settlement. If a stipulation of discontinuance has not by then been submitted, the parties are directed, by four weeks from this decision, to submit a joint pretrial order, consistent with the Court's Individual Rules. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/9/2021) (va)
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Filing
175
ORDER granting 166 Letter Motion to Seal; granting 169 Letter Motion to Seal: Granted. Defendants may file redacted versions of their respective responses to Plaintiff's Local Rule 56.1 Counterstatement to the extent that such redactions are consistent with the Court's order at docket 170. The Clerk of Court is respectfully directed to terminate the letter motions pending at dockets 166 and 169. (Signed by Judge Paul A. Engelmayer on 2/1/2021) (jwh)
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Filing
170
ORDER: The parties have submitted a joint letter explaining the basis of certain redactions in the plaintiff's opposition to defendants' respective motions for summary judgment. Dkt. 166. That letter explains that defendants maintain their confidential designations of certain documents relating to disciplinary proceedings against defendant Captain Dion Willis. Id. The Court is mindful of ongoing appellate litigation concerning the scope and effect of the repeal of § 50 of the New York Civil Rights Law ("CRL"). See Uniform Fire Officers Ass'n v. DeBlasio, No. 20-2400 (2d Cir. 2020). Pending the outcome of that matter, the Court will allow the documents related to Willis' disciplinary records to remain until seal. If warranted, the Court will revisit this order at a later date. By February 5, 2021, plaintiff is directed to file a copy of his consolidated opposition to defendants' motions for summary judgment that does not redact any materials for which defendants have withdrawn their confidential designations. (Set Deadlines/Hearing as to 146 MOTION for Summary Judgment: Responses due by 2/5/2021) (Signed by Judge Paul A. Engelmayer on 1/29/2021) (jwh)
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Filing
143
ORDER: At yesterday's conference, the Court set the following briefing schedule for defendants' anticipated motions for summary judgment: The parties' joint statement of facts is due December 10, 2020; Defendants' motions for summ ary judgment are due December 24, 2020; Plaintiff's oppositions to motions for summary judgment are due January 14, 2021; Defendants' replies are due January 25, 2021. (Motions due by 12/24/2020. Responses due by 1/14/2021. Replies due by 1/25/2021.) (Signed by Judge Paul A. Engelmayer on 11/24/2020) (jwh)
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Filing
140
ORDER granting 139 Letter Motion to Adjourn Conference: Granted. The pre-motion conference presently scheduled for November 13, 2020 at 10:30 a.m. is rescheduled for November 23, 2020 at 3:00 p.m. (Pre-Motion Conference set for 11/23/2020 at 03:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/6/2020) (jwh)
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Filing
125
ORDER TO PRODUCE INMATE FOR DEPOSITION: granting 123 Letter Motion for Discovery. IT IS HEREBY ORDERED: that the Superintendent or other official in charge of the Five Points Correctional Facility, located at 6600 State Route, Romulus, NY 14541, p roduce inmate Antoine Ross, DIN #16-A-4979, at a location within the facility for the taking of his deposition by video teleconference on September 9, 2020, at 10:00 a.m. and for so long thereafter as the deposition continues, and that plaintiff appear in such place as designated by the Superintendent or other official in charge of Five Points Correctional Facility, so that his deposition may be taken. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/31/2020) (ama)
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Filing
112
ORDER terminating as moot 71 Motion for Reconsideration. On May 7, 2019, plaintiff filed a motion seeking reinstatement of his civil rights action under Rules 59(b), 59(e), and 60(b)(6). Dkt. 71. This motion was mooted by the Court's May 9, 2019 Order. Dkt. 73. As stated in that Order, the Court denied plaintiff's objections, Dkt. 67, to Judge Fox's Report and Recommendation, Dkt. 52, which the Court had adopted, Dkt. 54. Defendant the City of New York (the &quo t;City") remains terminated as a defendant, and the case continues against the remaining defendants. Dkt. 73 at 2. The case remains with Judge Fox for general pretrial supervision, and the parties' requests should be directed to his a ttention. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 71 and to mail a copy of this decision to Ross at the address on file. (Signed by Judge Paul A. Engelmayer on 2/12/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
104
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material..., Motions terminated: 102 LETTER MOTION for Discovery Motion for Protective Order addressed to Magistrate Judge Kevin Na thaniel Fox from Joshua A. Weiner dated December 16, 2019. filed by The City of New York, Correction Officer Genoves, Correction Officer George. A redacted version of any document filed under seal shall be filed with the Clerk of Court, so that the public may access it. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/26/2019) (ks)
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Filing
98
ORDER: IT IS HEREBY ORDERED that: (1) a telephonic conference will be held in the above-captioned action on December 5, 2019, at 2:00 p.m.; (2) the Superintendent or other official in charge of the Upstate Correctional Facility, shall provide inmate Antoine Ross, DIN Number 16A4979, a private room, with telephone service, so that he may participate in the above-noted telephonic conference with the Court and counsel to the defendants; (3) all participants in the conference are directed to call (888) 557-8511 and, thereafter, enter access code 4862532; (4) plaintiff Antoine Ross shall appear in a private room, designated by the Superintendent other official in charge of the Upstate Correctional Facility, to participate in sai d telephonic conference; (5) counsel to the defendants is directed to serve a copy of this Order on the Superintendent or other official in charge of the Upstate Correctional Facility, expeditiously. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/22/2019) ( Telephone Conference set for 12/5/2019 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox., Telephone Conference set for 4/21/2020 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.)(ks)
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Filing
54
OPINION & ORDER adopting Report and Recommendation for 52 Report and Recommendations, 35 Motion to Dismiss filed by New York City Law Department. For the reasons articulated in the Report, the Court dismisses Ross's claim against th e City with prejudice. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 35, terminate the City of New York as a defendant, and mail a copy of this decision to Ross at the address on file. SO ORDERED. (City of New York D.O.C. terminated.) (Signed by Judge Paul A. Engelmayer on 3/27/2019) (anc) Transmission to Docket Assistant Clerk for processing.
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