Castro v. City of New York et al
| Marcelino Castro |
| John Doe, City Of New York, John Does and New York City Department of Corrections |
| 1:2016cv08147 |
| October 18, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Ronnie Abrams |
| Prison Condition |
| 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
181
ORDER granting 180 Letter Motion for Extension of Time to File. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 180. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 1/19/2024) (jca)
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Filing
174
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Plaintiff's motions in limine are GRANTED in part and DENIED in part and Defendants' motion in limine is GRANTED in part and DENIED in part. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 1/5/2024) (vfr)
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Filing
172
OPINION AND ORDER re: 159 MOTION in Limine / Notice of Plaintiff's Motion In Limine to Exclude Evidence of Unrelated Civil Litigation and Prison Grievances. filed by Marcelino Castro, 150 MOTION in Limine / Notice of P laintiff's Motion In Limine to Exclude Evidence of Defendants' Injuries or Injuries Purportedly Suffered by Defense Witnesses. filed by Marcelino Castro, 140 MOTION for Reconsideration re; 132 Memorandum & Opinion,, No tice of Motion. filed by Octavian Duggins, City Of New York, Janet Smith, 152 MOTION in Limine / Notice of Plaintiff's Motion In Limine to Exclude Evidence of Plaintiff's 2017 Assault Conviction. filed by Marcelino Ca stro, 168 MOTION in Limine /Defendants' Memorandum of Law in Support of their Motions in Limine. filed by Octavian Duggins, Janet Smith, 157 MOTION in Limine / Notice of Plaintiff's Motion In Limine to Exclude Evid ence of Prior Bad Acts. filed by Marcelino Castro, 167 MOTION in Limine /Defendants' Notice of Motion. filed by Octavian Duggins, Janet Smith, 155 MOTION in Limine / Notice of Plaintiff's Motion In Limine to P reclude Introduction of Plaintiff's Medical Records into Evidence. filed by Marcelino Castro, 141 MOTION for Reconsideration re; 132 Memorandum & Opinion,, Memorandum of law in support. filed by Octavian Duggins, Cit y Of New York, Janet Smith. For the foregoing reasons, Plaintiff's motions in limine are GRANTED in part and DENIED in part and Defendants' motions in limine are GRANTED in part and DENIED in part. The Court will rule on the remaining mo tions in limine for which the Court has not issued a decision herein in advance of the trial. Defendants' motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to terminate ECF Nos. 140, 141, 150, 152, 155, 157, 159, 167 and 168. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 12/29/2023) (jca)
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Filing
143
ORDER granting 142 Letter Motion for Extension of Time to File. Based on the representation from counsel that the parties will use this additional time to narrow disputes with respect to pretrial submissions (and the Court expects to see that in the pretrial submissions), the Court GRANTS the parties' requested extension. No further extensions will be granted. SO ORDERED.. (Signed by Judge Jessica G. L. Clarke on 10/3/2023) (jca)
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Filing
136
ORDER granting 135 Letter Motion for Extension of Time to File. Application GRANTED. Pretrial filings to be submitted by September 22, 2023 and oppositions to be submitted by September 29, 2023. The parties are directed to meet and confer regarding their availability for trial the weeks of October 30, 2023 and November 13, 2023 and to inform the Court of their availability by September 15, 2023. (Signed by Judge Jessica G. L. Clarke on 9/13/2023) (ate)
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Filing
132
OPINION AND ORDER re: 123 MOTION for Sanctions / Plaintiff's Motion for Sanctions for Spoliation of Electronically Stored Information. filed by Marcelino Castro. For the foregoing reasons, Plaintiff's motion for sanctions in GRANTED in part and DENIED in part, and sanctions pursuant to Rule 37(e)(1) of the Federal Rules of Civil Procedure shall be imposed on Defendants, consistent with this Order. The Clerk of Court is respectfully directed to terminate ECF No. 123. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 8/22/2023) (tg)
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Filing
131
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the case's reassignment. Consistent with the Co urt's Individual Rules, the parties shall submit a joint pretrial order, motions in limine, and, if a party believes it would be useful to the Court, a pretrial memorandum of law by September 20, 2023; any oppositions shall be filed by Septemb er 27, 2023. The final pretrial conference is scheduled for October 5, 2023 at 3:00 p.m. in Courtroom 20C. All counsel must familiarize themselves with the Court's Individual Rules and Practices, including the Court's Individual Trial Ru les and Procedures, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. SO ORDERED. ( Motions due by 9/20/2023., Pretrial Order due by 9/20/2023., Responses due by 9/27/2023, Final Pretrial Conference set for 10/5/2023 at 03:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Jessica G. L. Clarke.) (Signed by Judge Jessica G. L. Clarke on 6/27/2023) (tg)
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Filing
105
ORDER: On June 22, 2022, the Court ordered the parties to supplement the schedule for remaining discovery in this case with specific dates once they had received and reviewed Correctional Health Services records. By August 30, 2022, the parties shall submit a status letter updating the Court as to the receipt of those records and the progress of discovery generally. (Signed by Judge Ronnie Abrams on 8/23/2022) (kgo)
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Filing
102
ORDER, Now that Plaintiff has obtained pro bono counsel, the Court will hold a scheduling conference on May 18, 2022, at 11:00 a.m. to discuss next steps in this action. Unless the parties request otherwise, the conference will be held by telepho ne. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public SO ORDERED. ( Telephone Conference set for 5/18/2022 at 11:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 5/3/22) (yv)
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Filing
97
CLERK'S JUDGMENT re: 96 Memorandum & Opinion in favor of John Doe, John Does, New York City Department of Corrections, Janet Smith, Octavian Duggins against Marcelino Castro. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reaso ns stated in the Court's Opinion and Order dated November 18, 2020, the Court holds that Defendants are entitled to summary judgment as a matter of law with respect to all of Plaintiff's claims of excessive force with the exception of hi s claims against Smith and Duggins regarding the punch in the clinic. Defendants are also entitled to summary judgment on Plaintiff's claims for denial of medical care. (Signed by Clerk of Court Ruby Krajick on 11/18/2020) (Attachments: # 1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing.
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Filing
95
ORDER: A telephone conference to discuss settlement in this matter has been scheduled for Tuesday, December 1, 2020, at 10:30 a.m. At that date and time, the parties must dial in to the Court's teleconference line: (888)-557-8511, access code: 6 642374. The Court will provide to defendants' counsel by email a private passcode that is necessary to complete the call. Defendants' counsel is directed to promptly supply the dial in information (including the passcode) to the pro se part y and to ensure the pro se party has received this Order. Any counseled party shall send a letter to the Court and to the other side ten (10) days prior to the conference outlining the facts of the case, any relevant legal authorities, and any other matters deemed important for consideration as part of the settlement process. The pro se party may also send such a letter to the Court, with a copy sent to the other side. If sent, the letters must be kept confidential and will not be admissible in any court proceeding. Any attorney on this matter is responsible for ensuring prior to this conference that the attorney has settlement authority from the client and/or that the client is available to be consulted by the attorney during the course of the conference. Defendants' counsel is responsible for transmitting this Order to any pro se party, for confirming that the pro se party has received it, and for ensuring that the pro se party is aware of the obligation to dial into the telepho ne conference at the above date and time and the method for doing so. And as set forth herein. SO ORDERED., ( Telephone Conference set for 12/1/2020 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/10/2020) (ama) Modified on 11/10/2020 (ama).
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Filing
93
ORDER: Plaintiff did not call into today's telephone conference. Accordingly, the Court hereby schedules another telephone conference for October 23, 2020 at 12 PM. Mr. Castro is ordered to participate in the October 23, 2020 telephone confe rence or write a letter to the Court requesting an adjournment if he is unable to participate. Failure to do so may result in dismissal of this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court i s respectfully directed to mail a copy of this Order to Plaintiff. (As further set forth in this Order.) (Telephone Conference set for 10/23/2020 at 12:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 10/9/2020) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing
92
ORDER granting in part and denying in part 81 Motion for Summary Judgment. For the reasons that will be articulated in an Opinion that will follow, the Court hereby grants summary judgment to all Defendants with respect to Plaintiff's deni al of medical care claims, and grants summary judgment to the City of New York, Defendant Ortiz, and Defendant Mowatt with respect to Plaintiff's excessive force claims. The Court denies summary judgment, however, to Defendant Smith and Defen dant Duggins with respect to the excessive force claims. The Court will clarify the parameters of the ruling, as well as discuss next steps, at a telephone conference that will be held on October 9, 2020 at 12:30 PM. The parties shall use the dial -in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. The Clerk of Court is respectfully directed to terminate the motion pending at Docket Ent ry 81 and to dismiss the City of New York, Defendant Ortiz, and Defendant Mowatt from this case. The Clerk of Court is also respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED.. (Signed by Judge Ronnie Abrams on 9/28/2020) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
90
ORDER: Accordingly, Plaintiff is granted an extension until March 11, 2020, to file a response to Defendants' motion for summary judgment or a letter indicating that he does not intend to respond. If Plaintiff informs the Court that he intends t o pursue this action but chooses not to oppose Defendants' motion, then the Court will deem the motion fully briefed and take it under submission. See Jackson v. Fed. Exp., 766 F.3d 189, 194 (2d Cir. 2014). If, however, Plaintiff does not respon d to this Order, either by responding to the motion for summary judgment or by submitting a letter indicating that he does not intend to do so, then the Court will dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedu re 41(b). The Clerk of Court is respectfully directed to update the docket with Plaintiff's proper zip code, 10031, and mail a copy of this Order to Plaintiff. (Set Deadlines/Hearing as to 81 MOTION for Summary Judgment: Responses due by 3/11/2020) (Signed by Judge Ronnie Abrams on 2/11/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
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Filing
89
ORDER: Plaintiff's date to file a response or letter is hereby extended to January 31, 2020. If Plaintiff informs the Court that he intends to pursue this action but chooses not to oppose Defendants' motion, then the Court will deem the mot ion fully briefed and take it under submission. See Jackson v. Fed. Exp., 766 F.3d 189, 194 (2d Cir. 2014). If, however, Plaintiff does not respond to this Order, either by responding to the motion for summary judgment or by submitting a letter indic ating that he does not intend to do so, then the Court will dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED., ( Responses due by 1/31/2020) (Signed by Judge Ronnie Abrams on 1/02/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
88
ORDER re: 87 Order on Motion for Summary Judgment. On October 3, 2019, Defendants filed a motion for summary judgment. Plaintiff's response to Defendants' motion was due by October 24, 2019. On November 15, 2019, the Court issued an Or der directing Plaintiff to either file a response to Defendants' motion for summary judgment or a letter indicating that he does not intend to file a response by December 6, 2019. The Court has not received a response or a letter from Plaintiff. Plaintiff's date to file a response or letter is hereby extended to December 30, 2019. If Plaintiff informs the Court that he intends to pursue this action but chooses not to oppose Defendants' motion, then the Court will deem the motion f ully briefed and take it under submission. See Jackson v. Fed. Exp., 766 F.3d 189, 194 (2d Cir. 2014). If, however, Plaintiff does not respond to this Order, either by responding to the motion for summary judgment or by submitting a letter indicating that he does not intend to do so, then the Court may dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Responses due by 12/30/2019) (Signed by Judge Ronnie Abrams on 12/12/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
87
ORDER with respect to 81 Motion for Summary Judgment. The Court has not received a response from Plaintiff. No later than December 6, 2019, Plaintiff shall file either a response to Defendants' motion or a letter indicating that he does not i ntend to file a response. If Plaintiff informs the Court that he intends to pursue this action but chooses not to oppose Defendants' motion, then the Court will deem the motion fully briefed and take it under submission. See Jackson v. Fed. Exp. , 766 F.3d 189, 194 (2d Cir. 2014). If, however, Plaintiff does not respond to this Order, either by responding to the motion for summary judgment or by submitting a letter indicating that he does not intend to do so, then the Court may dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/15/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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