Mejia v. N.Y.P.D. et al
| Ramon I. Mejia |
| N.Y.P.D., MacDonough, Davis, Schear, Other unknown members of the N.Y.P.D. 50th Prcnt - EMS Ambulance, employees of the Health & Hospitals Corp. and the Columbia Presbyterian Medical Center., 50th Precinct, 12-14 Officers from Special Union at 50th Pct., The Health and Hospitals Corporation including North Central Bronx Hospital -13th Floor, N.Y.C.E.M.S., The Columbia Presbyterian Med Center, Ari Benedict, Sergio Anagunbla and Civil Court of the City of New York, Bronx |
| 1:2016cv09706 |
| December 15, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Unassigned |
| Other 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
284
MEMORANDUM AND ORDER: Plaintiff was given extensions and warned of the consequences of non-compliance with his discovery obligations, beginning with the Court's Order scheduling the June 9, 2020 conference, at the December 14, 2020 conferenc e, and again at the April 23, 2021 conference. Plaintiff was on notice that this day might come. The Court excused his failures on numerous occasions but warned him that if he continued not to comply, the Court would have no choice but to dism iss his complaint. The Court also gave Plaintiff opportunities to explain why he could not meet deadlines and allowed him to choose the deadlines for himself; he still failed to meet them. The dismissal of his complaint is the consequence of this repeated failure. For the foregoing reasons, the case is dismissed for failure to comply with court orders. The Clerk of Court is respectfully directed to close the case and terminate all pending motions. So Ordered. (Signed by Judge Lewis J. Liman on 11/22/2021) (js)
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Filing
279
ORDER: Plaintiff has submitted a letter asking the Court for permission to send subpoenas to third-party entities. Dkt. No. 278. Rule 45 of the Federal Rules of Civil Procedure governs subpoenas. Pursuant to Rule 45(a)(3), the Clerk of Court "must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service." Fed. R. Civ. P. 45(a)(3). A party does not need permission from the Court to issue a third-party su bpoena during discovery. Instead, Plaintiff should seek a subpoena from the Clerk of Court's office in accordance with Rule 45. The prior judge in this action, Judge Woods, gave similar advice at the January 31, 2020 conference in which he explained that "a party goes to the Clerk of Court here... to request a subpoena." Dkt. No. 255 at 32:20-22. If Plaintiff has additional questions regarding Rule 45 or seeks specific legal advice on how to proceed, he should contac t the New York Legal Assistance Group ("NYLAG") through its website at https://www.nysd.uscourts.gov/attorney/legal-assistance or by dialing 212-659 6190. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at 46 Westland Street, Methuen, MA 01844. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/3/2021) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
277
ORDER: A telephonic status conference is scheduled in this case for March 2, 2021. In light of the Court's extension of time for Plaintiff to respond to interrogatories, document requests, and requests for HIPAA releases by April 12, 20 21, the status conference is ADJOURNED until April 19, 2021 at 10:30 a.m. Parties are directed to dial into the Court's teleconference line at 888-251-2909, Access Code 2123101, and follow the necessary prompts. The Clerk of Court is respe ctfully directed to mail a copy of this Order to Plaintiff at 46 Westland Street, Methuen, MA 01844. In addition, Defendants are directed to notify Plaintiff of this Order. SO ORDERED. ( Telephone Conference set for 4/9/2021 at 10:30 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 2/26/2021) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
270
ORDER: Accordingly, as ordered at the conference, the parties shall abide by the following schedule: (As further set forth herein this Order.) A telephonic status conference is scheduled for March 2, 2021 at 11:00 a.m. Parties are directed to dial into the Court's teleconference line at 888-251-2909, Access Code 2123101, and follow the necessary prompts. Defendants are directed to send Plaintiff a copy of this Order. The Clerk of Court is also directed to mail a copy of this Or der to Plaintiff at the following address which he provided at the conference: 46 Westland Street, Methuen, MA 01844. SO ORDERED. ( Telephone Conference set for 3/2/2021 at 11:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 12/16/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
265
ORDER granting 264 Letter Motion for Extension of Time to Complete Discovery; granting 264 Letter Motion to Adjourn Conference. GRANTED. Plaintiff shall mail his responses by July 31, 2020. Fact discovery shall be completed by November 20, 2 020 and expert discovery shall be completed by January 8, 2021. The status conference is adjourned to January 15, 2021 at 3:00 p.m. SO ORDERED. ( Status Conference set for 1/15/2021 at 03:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 7/21/2020) (va)
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Filing
261
ORDER: The Court held a status conference on June 9, 2020. See Dkt. No. 258. At the conference, the Court set forth the following schedule: Defendants shall mail to Plaintiff (i) HIPAA forms identifying medical providers, (ii) requests for docum ents, and (iii) interrogatories, along with instructions and self-addressed and self-stamped envelopes, by June 30, 2020. Plaintiff shall complete the HIPAA forms, requests for documents, and interrogatories and mail these documents two weeks fr om the day that he receives these forms. Fact discovery shall be completed by September 23, 2020. Expert discovery shall be completed by November 25, 2020. A telephonic status conference is scheduled for December 4, 2020 at 3:00 p.m. The parties a re directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and to follow the necessary prompts. Defendants are directed to mail a copy of this Order, as well as the transcript of the June 9, 2020 status conference, to Plaintiff. (Expert Discovery due by 11/25/2020., Fact Discovery due by 9/23/2020., Telephone Conference set for 12/4/2020 at 03:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 6/12/2020) (rro)
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Filing
258
ORDER: A telephonic status conference is scheduled for June 9, 2020 at 11:00 a.m. to discuss Defendants' letter motion, including how to complete discovery and whether, if discovery cannot be completed, this case should be dismissed. T he parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and to follow the necessary prompts. The discovery deadlines are STAYED until that conference. Defendants are directed to mail a copy of this Order to Plaintiff in Massachusetts or whichever location Plaintiff currently resides and to file proof of receipt on ECF. Defendants are further directed to provide the Court with a copy of Plaintiff's mailing address in Massachusetts and current phone number by separate letter filed on ECF. SO ORDERED. ( Telephone Conference set for 6/9/2020 at 11:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 5/6/2020) (va)
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Filing
250
ORDER: The Court is scheduling a new status conference in connection with this case. The conference will be held on January 31, 2020 at 1:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patri ck Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. At that conference, the Court anticipates discussing Plaintiff's January 2, 2020 letter. The Court expects Plaintiff to actively prosecute his case, to comply with the C ourt's orders, and to attend scheduled conferences. Failure to do so can result in a variety of sanctions, including dismissal of the case. See Federal Rules of Civil Procedure 16(f)(1)(C); 41(b). The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail and first-class mail. SO ORDERED., ( Status Conference set for 1/31/2020 at 01:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 1/24/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
249
ORDER: The Court will hold a conference to discuss Mr. Mejia's January 2, 2020 letter to the Court on January 24, 2020 at 1:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. The Clerk of Court is directed to mail Plaintiff a copy of this order by first class and certified mail. ( Status Conference set for 1/24/2020 at 01:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 1/14/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
243
ORDER granting 242 Letter Motion to Adjourn Conference. The application by Defendants City of New York, Madeline Cruz, Sergeant Hennelly, Dominick MacDonough, Derrick Moyer, and Mildred Rodriguez to adjourn the December 6, 2019 status conference is granted. The conference is adjourned to December 17, 2019 at 2:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail and by regular, first class mail. SO ORDERED. Status Conference set for 12/17/2019 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 12/4/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
241
ORDER: In the Court's November 19, 2019 order, the Court noted that the only two remaining defendants in this action are New York City Health & Hospitals Corporation ("HHC") and Mark A. Scher. This order erroneously omitted the followi ng remaining defendants: City of New York and Police Officer Madeline Cruz, Police Officer Mildred Rodriguez, Sergeant Michael Hennelly, Detective Dominic McDonagh, and Detective Derek Moyer. The Court will hold a status conference in this case on De cember 6, 2019 at 1:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. All of the remaining defendants must atten d. The Clerk of Court is directed to update the caption of this case to reflect the remaining defendants, adding the City of New York, Police Officer Madeline Cruz, Police Officer Mildred Rodriguez, Sergeant Michael Hennelly, Detective Dominic McDona gh, and Detective Derek Moyer. The Clerk of Court is further directed to mail a copy of this order to Plaintiff by certified mail and by regular, first class mail. SO ORDERED., ( Status Conference set for 12/6/2019 at 01:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.), (Signed by Judge Gregory H. Woods on 12/02/2019) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
240
ORDER: Plaintiff wrote the Court on November 15, 2019 informing the Court that he will not be amending his complaint. Furthermore, the deadline the Court set to amend the complaint has now passed. Dkt. No. 237. Thus, the only remaining defendants in this action are New York City Health & Hospitals Corporation ("HHC") and Mark A. Scher. Plaintiff's claims against HHC employees George Thomas, PCT, Lourdie Jean Pierre, RN, Raymond C. Li, RN, and subcontractor Karen Castro are dismissed with prejudice. The Court will hold a status conference in this case on December 2, 2019 at 12:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. Only the remaining defendants need attend. The Clerk of Court is directed to update the caption of this case to reflect the two remaining defendants. The Clerk of Court is further directed to mail a copy of this order to Plaintiff by certified mail and by regular, first class mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/21/2019) ( Status Conference set for 12/2/2019 at 12:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.), Madeline Cruz (NYPD, 50th Precinct, Shield #23911), Davis (Colombia Pres. Med. Center), Sergeant Hennelly (Shield #1264), John Doe Doctor #1, John Doe Emergency Medical Technician #1 and 2, John Doe Male Escort, John Doe Nurses #1-5 (a/k/a Raymond C. Li, R.N. a/k/a Lourdie Jean Pierre, R.N. a/ka Karen Castro, R.N.), John Doe Orderly #1 (a/k/a George Thomas, P.C.T.), John Doe Police Officers 1-12, Dominick MacDonough, Derrick Moyer (Shield #05903), New York City, Mildred Rodriguez (NYPD, 50th Precinct, Shield #25268 ), Penelope Carmichael and Columbia U.-Presbyterian Medical Center terminated. (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
222
MEMORANDUM OPINION AND ORDER. For the reasons stated above, the Defendants' motions to dismiss are GRANTED. Plaintiff's claims against NYPH, Robinson, and Velez are DISMISSED with prejudice and without leave to replead. Plaintiff's Mon ell and state law claims against HHC are dismissed with prejudice and without leave to replead. Any residual federal claims asserted by Plaintiff against HHC survive. Plaintiff's claims against Thomas, Castro, Li, and Pierre are DISMISSED withou t prejudice and with leave to replead. The Court will set a schedule for service of any amended complaint during a conference to be scheduled by subsequent order. Plaintiff is not granted leave to serve an amended complaint in the interim. The Court requests that counsel for Defendant HHC provide Plaintiff with copies of unpublished cases cited in this decision pursuant to Local Rule of the United States District Courts for the Southern and Eastern Districts of New York 7.2. The Clerk of Court i s directed to terminate the motions pending at Dkt. Nos. 159, 183, and 211, and to mail a copy of this order to Plaintiff by certified mail and by regular, first class mail. SO ORDERED. re: 159 MOTION to Dismiss Sixth Amended Complaint. filed by Wilfredo Velez, New York Presbyterian Columbia Medical Center, Alicia Robinson, 183 MOTION to Dismiss filed by Lourdi Jean Pierre, George Thomas, Raymond C. Li, North Central Bronx Hospital, New York City Health & Hos pitals Corporation, 211 MOTION to Dismiss filed by Karen Castro. Raymond C. Li, Alicia Robinson, George Thomas, Wilfredo Velez, Karen Castro and Lourdi Jean Pierre terminated. (Signed by Judge Gregory H. Woods on 7/28/2019) (rjm). Transmission to Docket Assistant Clerk for processing.
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Filing
131
MEMORANDUM OPINION AND ORDER re: 113 MOTION to Dismiss filed by Wilfredo Velez, Alicia Robinson. For the reasons stated above, Defendants' motion to dismiss is GRANTED in its entirety. Plaintiff is granted leave to replead his claims against Robinson and Velez. See Cortec Indus., Inc. v. Sum Holding L.P., 949 F.2d 42, 48 (2d Cir. 1991) ("It is the usual practice [in this Circuit] upon granting a motion to dismiss to allow leave to replead."). Now that the Court has decided each of the pending motions to dismiss, any amended complaint is due no later than 30 days from the date of this order. If Plaintiff elects to amend his pleading, he should include any desired amendments to his complaint with res pect to all of the claims that the Court has dismissed without prejudice in each of the Court's decisions at ECF Nos. 102 & 103, in addition to amending any of the claims against Robinson and Velez. That is, Plaintiff should address all of th e deficiencies that the Court has identified in its three opinions evaluating Plaintiff's third and fourth amended complaints. Plaintiff is reminded that any fifth amended complaint replaces, and will not supplement, his previously filed comp laints. The Court requests that counsel for Defendants Robinson and Velez provide Plaintiff with copies of unpublished cases cited in this decision pursuant to Local Rule of the United States District Courts for the Southern and Eastern Districts of New York 7.2. The Clerk of Court is directed to terminate the motion pending at ECF No. 113 and to mail a copy of this order to Plaintiff by certified mail and by regular, first class mail. SO ORDERED.(Alicia Robinson and Wilfredo Velez terminated.) (Signed by Judge Gregory H. Woods on 8/10/2018) (anc)
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Filing
130
MEMORANDUM OPINION AND ORDER. For the reasons sated above, HHC and Dr. Schear's motion to dismiss is GRANTED in part and DENIED in part. Plaintiff states a claim for a Fourteenth Amendment procedural due process violation against Dr. Schear. Pla intiff states a claim for a Fourteenth Amendment substantive due process violation against Dr. Schear. Plaintiff's deliberate indifference claim against Dr. Schear is dismissed without prejudice. Plaintiff's Monell claim against HHC is dism issed without prejudice. Plaintiff's state law claims are dismissed without prejudice. Plaintiff is granted leave to replead those claims that have been dismissed without prejudice. In this circuit, "[i]t is the usual practice upon granting a motion to dismiss to allow leave to replead." Cortec Indus., Inc. v. Sum Holding L.P., 949 F.2d 42, 48 (2d Cir. 1991). The Court will schedule a deadline for submission of a fifth amended complaint after the Court has decided the outstanding motion to dismiss. The Court requests that counsel for Defendants provide Plaintiff with copies of unpublished cases cited in this decision pursuant to Local Rule of the United States District Courts for the Southern and Eastern Districts of New York 7.2. The Clerk of Court is directed to terminate the motion pending at ECF No. 77 and to mail a copy of this order to Plaintiff by certified mail and by regular, first class mail. So ordered. re: 77 MOTION to Dismiss filed by Mark A. Schear, North Central Bronx Hospital, New York City Health & Hospitals Corporation. (Signed by Judge Gregory H. Woods on 7/17/2018) (rjm)
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Filing
102
MEMORANDUM OPINION AND ORDER re: 53 MOTION to Dismiss filed by The Columbia Presbyterian Med Center. For the reasons stated above, the NYPH's motion to dismiss is GRANTED in its entirety. Plaintiff's Sect ion 1983 claims against the NYPH based on a theory of direct liability are dismissed with prejudice. Plaintiff's Monell claim against the NYPH is dismissed without prejudice. Plaintiff's state law claims for false arrest, slander, an d medical malpractice against the NYPH are dismissed with prejudice. Plaintiff's state law negligence claim against the NYPH is dismissed without prejudice. Plaintiff is granted leave to replead those claims that have been dismissed wi thout prejudice. The Court will schedule a deadline for submission of a fourth amended complaint after the Court has decided the outstanding motion to dismiss. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this or der 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 Court requests that counsel for the NYPH provide Plaintiff with copies of unpublished cases cited in this decision pursuant to Local Rule of the United States District Courts for the Southern and Eastern Districts of New York 7.2. The Clerk of Court is directed to terminate the motion pending at ECF No. 53 and to mail a copy of this order to Plaintiff by certified mail. New York Presbyterian Columbia Medical Center terminated. (Signed by Judge Gregory H. Woods on 1/7/2018) (mro)
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