Vann v. Sudranski et al
| Kouriokein Vann |
| Y. Sudranski, S. Hann, C. Cody, A. Miller, D.S.A., R. Wendland, J. Wolf, Health Care Provider and Werner |
| 1:2016cv07367 |
| September 20, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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Filing
244
ORDER: As a verdict has been reached in the jury trial before this Court involving Plaintiff Kouriockein Vann (DIN# I0-A-0017), this Court hereby deems the Writ of Habeas Corpus Ad Testificandum filed on April 5, 2022 in this case to be satisfied. (Signed by Judge Vincent L. Briccetti on 5/11/2022) (rro)
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Filing
243
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Vincent Briccetti, United States District Judge, the jury having returned a verdict in favor of Defendant, and the Complaint is hereby dismissed. So Ordered. (Signed by Judge Vincent L. Briccetti on 5/11/2022) (mml)
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Filing
230
ORDER: Accordingly, it is HEREBY ORDERED: 1. Defense counsel's request is GRANTED. The trial of this case is ADJOURNED to May 9, 2022. To be clear, May 9, 2022, is now a firm trial date for this case. Jury selection and trial will commence on that date at 9:30 a.m., in Courtroom 620 at the White Plains courthouse. 2. The final pre-trial conference originally scheduled for March 25, 2022, at 12:00 p.m., is also ADJOURNED to May 6, 2022, at 12:00 p.m. The Court expects all counsel and pl aintiff to attend in person in Courtroom 620. SO ORDERED. ( Final Pretrial Conference set for 5/6/2022 at 12:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti., Jury Selection set for 5/9/2022 at 9:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti., Jury Trial set for 5/9/2022 at 9:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 3/24/2022) (vfr)
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Filing
224
ORDER: Accordingly, it is hereby ORDERED: 1. The trial of this case will commence on March 28, 2022. To be clear, March 28, 2022, is now a firm trial date for this case. Jury selection and trial will commence on that date at 9:30 a.m., in Cou rtroom 620 at the White Plains courthouse. 2. The Court will conduct a conference on March 25, 2022, at 12:00 p.m., which the Court expects all counsel and plaintiff to attend in person in Courtroom 620. 3. The parties are directed to discuss se ttlement in good faith and to submit a joint letter to the Court by no later than March 21, 2022, reporting on the status of those discussions. SO ORDERED. ( Ready for Trial by 3/28/2022., Jury Selection set for 3/28/2022 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti., Jury Trial set for 3/28/2022 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti., Status Conference set for 3/25/2022 at 12:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 3/10/2022) (tg)
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Filing
220
ORDER denying 203 Motion in Limine. Accordingly, it is HEREBY ORDERED: 1. The Jury selection and trial scheduled for January 18, 2022, is ADJOURNED. The trial is now re-scheduled as a back-up to another trial currently scheduled for March 28, 202 2, at 9:30 a.m. The Court will provide the parties as much notice as possible as to whether the trial in this matter will proceed on March 28. If this trial does not proceed on March 28, the Court tentatively schedules jury selection and trial for M ay 9, 2022, at 9:30 a.m. 2. As soon as possible, plaintiff's counsel shall submit for the Court's approval a proposed writ of habeas corpus ad testificandum to ensure that his client is produced for the trial on March 28, 2022, in the event the trial goes forward on that date. 3. By January 19, 2022, plaintiff shall submit an proposed voir dire questions. 4. Defendant's motion in limine is DENIED for the reasons stated on the record during the conference. Defense cou nsel is welcome to submit a proposed limiting instruction with respect to the sexual assault claim which was previously dismissed. The Clerk is instructed to terminate the motion. (Doc. #203). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/12/2022) (vfr)
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Filing
218
ORDER terminating 216 Letter Motion to Adjourn Conference. We will proceed with the conference on 1/12/22 at 2:00pm with lawyers only. Also, this conference will be conducted by telephone, Call-in: 888-363-4749 Passcode: 1703567. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/10/2022) (mml)
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Filing
205
ORDER: At a case management conference on July 1, 2021, the parties were advised that this case had been tentatively scheduled for trail on January 18, 2022, subject to the Court's COVID-19 scheduling protocols. (Doc. #194). The parties are adv ised that this date is not a firm date for jury selection and trial. To be clear, this case will proceed to jury selection and trial on January 18, 2022, at 9:30 a.m. The final pretrial conference remains scheduled for January 12, 2022, at 2:00 p.m., in person at the courthouse (courtroom 620). All other dates and deadlines set forth in the July 1, 2021, Order remain the same. By no later than December 15, 2021, plaintiff's counsel shall submit for the Court's approval a proposed w rit of habeas corpus ad testificandum to ensure that his client is produced for both the final pretrial conference and the trial. Examples of an appropriate writ may be found at ECF Docs. ##235-237 in Garcia v. Fischer, 13-cv-8196 (VB), and ECF Doc . $78 in Hoffer v. Yonkers, 18-cv-1197 (AEK). SO ORDERED. (Jury Selection set for 1/18/2022 at 9:30 AM before Judge Vincent L. Briccetti.) ( Final Pretrial Conference set for 1/12/2022 at 2:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 12/8/2021) (vfr) Modified on 12/8/2021 (vfr).
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Filing
194
ORDER : Accordingly, it is HEREBY ORDERED: 1. By July 15, 2021, defendant's counsel shall write a letter to the Court on behalf of both parties advising the Court whether they all consent to transfer the case to the Magistrate Judge for all pu rposes, as further set forth herein. 2. By October, 1, 2021, in accordance with Paragraph 4.A of the Court's Individual Practices, the parties shall submit a Joint Pretrial Order, which shall comply with both Fed. R. Civ. P. 26(a)(3) and the C ourt's Individual Practices. 3. By December 1, 2021, the parties shall file a proposed voir dire, any motions in limine, joint proposed jury instructions, and a joint verdict form. (See Paragraph 4.B of the Court's Individual Practices). The parties' joint proposed jury instructions shall consist of a single document, noting any areas of disagreement between the parties. The proposed instructions should include both the text of any requested instruction as well as citation, if available, to the authority from which it derives. The proposed instructions should also be submitted by email to Chambers in Word format. 4. Oppositions to motions in limine, if any, are due December 8, 2021. No replies will be permitted absent pri or Court approval. 5. A final pre-trial conference is scheduled for January 12, 2022, at 2:00 p.m. This conference will be conducted in person at the courthouse. 6. Jury selection and trial are tentatively scheduled to begin on January 18, 2022, at 9:30 a.m. This is a tentative date given the current COVID-19 scheduling protocols and limited courtroom availability. The Court will provide as much notice as possible if this date changes. SO ORDERED. ( Motions due by 12/1/2021., Pretrial Order due by 10/1/2021., Responses due by 12/8/2021, Bench Trial set for 1/18/2022 at 09:30 AM before Judge Vincent L. Briccetti., Final Pretrial Conference set for 1/12/2022 at 02:00 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 7/1/2021) (vfr)
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Filing
192
ORDER: Accordingly, it is HEREBY ORDERED: 1. By June 17, 2021, plaintiffs counsel shall write a letter to the Court on behalf of both parties regarding their efforts to settle this matter and whether the Court can assist them in that regard. 2. A status conference in this case is scheduled for July 1, 2021, at 3:00 p.m. Counsel for plaintiff and defendant shall attend the status conference by calling the following number and entering the access code when requested: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. ( Status Conference set for 7/1/2021 at 03:00 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 5/20/2021) (va)
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Filing
187
ORDER: Accordingly, it is HEREBY ORDERED: A status conference in this case is scheduled for March 4, 2021, at 3:00 p.m. Plaintiff and defense counsel shall attend the status conference by calling the following number and entering the access code when requested: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662. Access Code: 1703567. (Telephone Conference set for 3/4/2021 at 03:00 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 1/4/2021) (rro)
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Filing
176
ORDER denying 175 Motion for Reconsideration. Accordingly, because the Court has already granted plaintiffs request for pro bono counsel, the instant submission for "reconsideration" is DENIED. The Clerk is directed to terminate the motion. (Doc. #175). Chambers will mail a copy of this Order to plaintiff at the address on the docket.. (Signed by Judge Vincent L. Briccetti on 7/27/2020) (ks)
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Filing
174
ORDER GRANTING REQUEST FOR PRO BONO COUNSEL: For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent plaintiff for the purposes described above. The Court advises plaintiff that there are no fund s to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent plaintiff. If an attorney volunteers, the attorney will contac t plaintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and plaintiff should be prepared to proceed with the case without an attorney. The Court certifies under 28 U.S.C. § l 915(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). (As further set forth in this Order.) (Signed by Judge Vincent L. Briccetti on 7/8/2020) (cf)
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Filing
172
ORDER denying without prejudice 171 Application for the Court to Request Counsel. The Court has received from plaintiff, who is proceeding pro se and in forma pauperis, the attached motion, dated June 11, 2020, requesting appointment of pro bo no counsel (Doc.#171). The is plaintiffs fourth request for appointment of pro bono counsel. (See Docs. ##5, 59, 140). In the instant motion, plaintiff states this case presents "several different" and "complex" legal claims, an d requires "discovery of documents and depositions." (See Doc. #171 at ECF 2). Plaintiffs request for the appointment of pro bono counsel is DENIED WITHOUT PREJUDICE. As an initial matter, discovery has been complete for over a year. (See Docs. ##135, 139). Accordingly, plaintiffs request for pro bono counsel because this case requires discovery of documents and depositions is without merit. ' Secondly, on June 4, 2020, the Court issued an Opinion and Order granting summary judgment in defendants' favor on plaintiffs Eighth Amendment sexual abuse claim against C.O. Sudranski, as well as plaintiffs Eighth Amendment excessive force and failure to intervene claims against Lt. Hann. (See Doc. #170). Plaintiffs only claim that survived summary judgment is his Eighth Amendment excessive force claim against C.O. Sudranski. (Id.). Accordingly, plaintiff currently does not have "several different" and complex legal claims that require adjudication. (Se e Doc. #171 at ECF 2). Thirdly, the Court denied without prejudice plaintiffs three prior motions for, appointment of pro bono counsel. (See Docs. ##10, 60, 141). At those times, having considered the type and complexity of this case, the merits o f plaintiffs claims, and plaintiffs ability to present his case, the Court did not find any exceptional circumstances warranting appointment of counsel. Again, the Court has considered the type and complexity of this case, the merits of plaintiffs remaining claim, and plaintiffs ability to present the case. At this time, and again, the Court does not find any exceptional circumstances in plaintiffs case that would warrant the appointment of counsel. See 28 U.S.C. § 1915(e)(1); Cooper v . A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). In fact, plaintiff consistently has demonstrated his ability to present this case. The Clerk is directed to terminate plaintiffs motion. (Doc. #171). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED.. (Signed by Judge Vincent L. Briccetti on 6/17/2020) (ks)
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Filing
170
OPINION AND ORDER re: 145 MOTION for Summary Judgment filed by S. Hann, Y. Sudranski. The motion for summary judgment is GRANTED IN PART and DENIED IN PART. Plaintiff's Eighth Amendment excessive force claim against C.O. Sudran ski shall proceed. All other claims are dismissed. Plaintiff and defense counsel are directed to appear for a telephone status conference on July 8, 2020, at 11:00 a.m., at which time the Court will discuss the scheduling of a trial. Defense counsel shall make all necessary arrangements for plaintiff to appear by telephone. Plaintiff and defense counsel shall attend the conference by calling the following number and entering the access code when requested: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662 Access Code: 1703567. 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 auperis status is denied for the purpose of an appea l. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk is instructed to terminate the motion (Doc. #145) and terminate Lt. Hann as a defendant in this action. SO ORDERED. S. Hann terminated. (Telephone Conference set for 7/8/2020 at 11:00 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 6/4/2020) (mml)
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Filing
153
ORDER denying 152 Letter Motion to Compel. Accordingly, the motion (Doc. #152) is DENIED. The discovery issues respecting the instant motion have already been considered and resolved. (See Doc. #135) ("In light of the response from the Assis tant Attorney General dated May 29, 2019, the undersigned is satisfied that Plaintiff has received that to which he is entitled. The request for further discovery in this regard is denied."). Moreover, the same issues were considered and resolv ed a second time during the July 30, 2019, pre-motion conference before the Court. During the conference, defense counsel notified the Court and plaintiff that the log book entries plaintiff seeks simply do not exist, nor did they at any time. Plaint iff is reminded that his opposition to defendants' motion for summary judgment remains due November 29, 2019. 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 the refore 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. #152). The Clerk further is instructed to mail a copy of this Order to plaintiff at the address on the docket. (Signed by Judge Vincent L. Briccetti on 11/12/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
64
OPINION AND ORDER: re: 42 MOTION to Dismiss filed by A. Miller. Defendants' motion to dismiss the complaint is GRANTED. The Clerk is instructed to terminate the motion (Doc. # 42), and terminate defendants Cody, Miller, Wendland, Wolf, and Warner. 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). SO ORDERED., J. Wolf, Werner, C. Cody, R. Wendland., R. Wendland, Werner (NYSDOCCS EMployee @ Green Haven C.F. Clinic Officer), J. Wolf, C. Cody and A. Miller terminated. (Signed by Judge Vincent L. Briccetti on 12/20/2017) As per chambers, Copies Mailed By Chambers. (ama)
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