Braxton/Obed-Edom v. The City of New York et al
| B. Braxton/Obed-Edom |
| The City of New York, The Mayor, County of New York, Moses, M. King and Ponte |
| 1:2017cv00199 |
| January 10, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Clinton |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
220
CLERK'S JUDGMENT re: 219 Order Adopting Report and Recommendations, Terminate Motions, in favor of County of New York, Ponte, The City of New York, B. Braxton/Obed-Edom, Martha King, Raleem Moses against B. Braxton/Obed-Edom. It is hereby O RDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated February 10, 2022, Magistrate Judge Aaron's Report II, (ECF No. 216), is adopted in full, and the case is dismissed. (Signed by Clerk of Court Ruby Krajick on 2/14/2022) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
214
ORDER: It is hereby Ordered that Defendants shall file any reply in support of their motion for summary judgment no later than September 7, 2021. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. ( Replies due by 9/7/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 8/27/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
200
ORDER: Following a telephone conference with the parties, it is hereby Ordered as follows: No later than May 14, 2021, Plaintiff shall mail to Defendants a copy of the records he received from the Central New York Psychiatric Center in response to his subpoena, as previously ordered (see ECF No. 198). No later than July 6, 2021, Defendants shall file their anticipated motion for summary judgment. Plaintiff shall file his opposition no later than July 27, 20 21 and Defendants shall file their reply, if any, no later than August 3, 2021. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. So Ordered. (Motions due by 7/6/2021., Responses due by 7/27/2021, Replies due by 8/3/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 5/7/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
197
ORDER granting 196 REQUEST MOTION TO COMPEL NYPC AND CLINTON CLINIC TO PRODUCE RECORDS. It is hereby Ordered that, no later than April 30, 2021, CNYPC and Clinton shall either produce the documents identified in the subpoenas or respond to Plain tiff's motion to compel. CNYPC and Clinton are warned that if they fail to comply with this Order and comply with their respective subpoenas, they could be found in contempt and sanctions may be imposed against them. See Fed. R. Civ. P. 45 . The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. In addition, the Clerk of Court is respectfully requested to mail a copy of Plaintiff's motion (ECF No. 196) and a copy of this Order to: 1. N ew York State Office of Mental Health 44 Holland Avenue Albany, New York 12229 ATTN: Mark Noordsy, General Counsel and Deputy Commissioner 2. Office of the Attorney General 28 Liberty Street New York, NY 10005 ATTN: Managing Attorney's Office SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 4/5/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
195
ORDER: The Court is in receipt of Plaintiff's letter, dated March 14, 2021 and filed on the docket on March 17, 2021, indicating that he has not yet received any documents in response to the subpoenas served on the Central New Yo rk Psychiatric Center ("CNYPC") and Clinton Correctional Facility ("Clinton"). (Pl.s Letter, ECF No. 194.) The subpoenas were received on February 11, 2021 and CNYPC and Clinton were to produce records within 21 days of the date of service. (See 2/2/21 Order, ECF No. 191; Marshal's Process Receipts, ECF Nos. 192 & 193.) Nonetheless, due to possible delays with the United States Postal Service, the Court extends the applicabl e deadlines as follows: Plaintiff shall file another letter by April 1, 2021 indicating what, if any, documents he has received in response to the subpoenas. If Plaintiff has not received any documents by that date, he shall include in his letter any request to compel compliance with the subpoenas. The deadlines for briefing on Defendants' anticipated motion for summary judgment set forth in the Court's February 2, 2021 Order are adjourned sine die. T he Court will set a new briefing schedule once the issue with the subpoenas is resolved. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 3/18/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
191
ORDER denying as moot 181 Letter Motion to Compel. The Clerk of Court is further requested to mail a copy of this Order to the pro se Plaintiff. The Clerk of Court is respectfully requested to complete a subpoena form (AO 88B (Rev. 12/13)) t o the Central New York Psychiatric Center and to Clinton Correctional Facility, commanding each to produce the following documents: as set forth. The Clerk of Court is further requested to complete a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each subpoena. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 2/2/2021) (js) Transmission to Pro Se Assistants for processing. Modified on 2/2/2021 (js).
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Filing
190
ORDER: The Court is in receipt of Plaintiffs letters dated December 23, 2020 and December 26, 2020. (See ECF Nos. 188 & 189.) On June 18, 2020, the Court granted leave for Defendants to depose Plaintiff in accordance with Federal Rule of Civil Proce dure 30(a)(2)(B). (See Order, ECF No. 152.) The parties shall work together to schedule the continuation of Plaintiffs deposition prior to the February 12, 2021 deadline for the completion of discovery. (See 1/4/2021 Memo Endorsement, ECF No. 186.)As set forth in the Courts January 4, 2021 Order (ECF No. 187), the Court will hold a telephone conference in this action on Tuesday, February 2, 2021 at 10:00 a.m., at which time Plaintiff may raise any remaining issues regarding discovery.The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. So Ordered, (Signed by Magistrate Judge Stewart D. Aaron on 1/7/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
187
ORDER FOR TELEPHONE CONFERENCE: IT IS HEREBY ORDERED that the Warden or other official in charge of the Auburn Correctional Facility produce plaintiff Benjamin Braxton, DIN 16A2314, on Tuesday, February 2, 2021 at 10:00 a.m., to a suitable location within the Auburn Correctional Facility that is equipped with a telephone, for the purpose of participating in a conference with the Court and Defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform Chambers by calling Courtroom Deputy Katherine Lopez at (212) 805-0274. Defendants' counsel must: (1) send this Order to the Warden immediately; (2) contact Aubu rn Correctional Facility to arrange the call and determine the telephone number at which Plaintiff will be reachable at the above time and date; and (3) at the scheduled time, call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745 with Plaintiff on the line. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. So Ordered. (Telephone Conference set for 2/2/2021 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 1/4/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
184
ORDER: It is hereby Ordered that, no later than December 31, 2020, counsel for Defendant City of New York shall file a letter indicating whether the deposition of Plaintiff has been completed and setting forth any remaining discovery issues. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 12/23/2020) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
182
ORDER FOR TELEPHONE CONFERENCE: IT IS HEREBY ORDERED that the Warden or other official in charge of the Auburn Correctional Facility produce plaintiff Benjamin Braxton, DIN 16A2314, on Tuesday, December 22, 2020 at 10:00 a.m., to a suitable location within the Auburn Correctional Facility that is equipped with a telephone, for the purpose of participating in a conference with the Court and Defendants' counsel, and as further set forth in this order. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff (Telephone Conference set for 12/22/2020 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 11/30/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
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Filing
180
ORDER: In accordance with the Court's October 23, 2020 Memo Endorsement (ECF No. 176), the City was to file a letter on November 23, 2020 advising the Court as to the status of this action. The City shall file such letter no later than December 4, 2020. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Magistrate Judge Stewart D. Aaron on 11/25/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing
166
ORDER: Based upon Plaintiff's representation during today's remote deposition that counsel will be appearing on his behalf, the deposition was adjourned. No later than September 30, 2020, if counsel has appeared for Plaintiff, the part ies shall file a joint letter advising the Court of the date the parties would like to reschedule Plaintiff's deposition so that the Court can enter an appropriate Order. If counsel has not appeared on behalf of Plaintiff by September 30, 2020, counsel for Defendants shall file a letter regarding the status of this action. A copy of this Order will be mailed to the pro se Plaintiff by Chambers. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 9/9/2020) (js)
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Filing
164
AMENDED ORDER: THIS ORDER SUPERSEDES AND REPLACES THE ORDER ENTERED EARLIER TODAY AT ECF NO. 163. The Court having reviewed the Letter from the pro se Plaintiff, ECF No. 162, it is hereby ORDERED as follows: 1. The deadline for the Plaintiff to ex ecute and return the additional medical authorizations sought by Defendants per ECF No. 158 is extended until September 30, 2020.2. The Order for Inmate Deposition, ECF No. 161, remains in full force and effect. 3. The deadline to complete discovery is extended until October 30, 2020. A copy of this Order will be mailed to the pro se Plaintiff by Chambers. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/25/2020) Copies Sent By Chambers. (kl)
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Filing
161
ORDER granting 160 Letter Motion for Discovery. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 8/18/2020) (js)
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Filing
158
ORDER granting 157 Letter Motion for Discovery. So Ordered, A copy of this Order will be mailed to the pro se Plaintiff by Chambers.. (Signed by Magistrate Judge Stewart D. Aaron on 7/31/2020) (js)
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Filing
154
ORDER re: 153 Letter re: REQUEST SUBPOENA OF PTSD RECORD FROM THE SOCIAL SECURITY ADMINISTRATION., filed by B. Braxton/Obed-Edom. Before the Court is Plaintiffs July 7, 2020 Letter (filed on the docket on July 9, 2020) requesting copies of P laintiffs medical records retrieved by Defendants and asking the Court to issue a subpoena for Plaintiffs records from the Social Security Administration ("SSA") from 2010. (Letter, ECF No. 153.) Plaintiff's application is GRANTED IN PART and DENIED IN PART. Plaintiff's request for copies of records retrieved by Defendants is granted. Defendants shall provide copies of such records promptly upon receipt and file proof of service on the docket. Plaintiff's request for service of a subpoena upon the SSA, which seeks records from eight years before the events in question, is denied without prejudice. If, following Plaintiff's receipt and review of the more recent medical records to be provided by Defendants, he can show that the 2010 records are relevant and necessary, he may renew his request. A copy of this Order will be mailed to the pro se Plaintiff by Chambers. (Signed by Magistrate Judge Stewart D. Aaron on 7/13/2020) Copies Mailed By Chambers. (rj)
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Filing
152
ORDER FOR INMATE DEPOSITION: IT IS HEREBY ORDERED UPON THE CONSENT OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL FACILITY SERVICES: (1) that the Superintendent or other official in charge of the Clinton Correctional Facility, shall produce inm ate B. BRAXTON/OBED-EDOM, Department Identification Number (DIN) 16-A-2314, for the taking of his deposition by telephone, videoconference or other remote means on July 16, 2020 commencing at 9:30 a.m., and for so long thereafter, from day to day, as the deposition continues; and (2) that inmate B. BRAXTON/OBED-EDOM, DIN 16-A-2314, appear at such place as designated by the Superintendent or other official in charge of the New York State Department of Correctional Facility Services for the taking of his deposition as set forth above. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/18/2020) Copies Mailed By Chambers. (kl)
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Filing
149
ORDER: The Clerk of Court is directed to attempt to locate pro bono counsel to represent Plaintiff in conducting discovery as set forth in the Courts April 8, 2020 Order (ECF No. 147) and, if counsel so desires, in any subsequent motion practice and/or at trial. If the Clerk of Court is unable to locate counsel, even for a limited purpose, Plaintiff still must proceed with discovery as Ordered. To give Plaintiff additional time to obtain counse l and conduct discovery, the deadline for the completion of discovery is hereby extended until July 8, 2020. A copy of this Order will be mailed to the pro se Plaintiff by Chambers. SO ORDERED. (Discovery due by 7/8/2020.) (Signed by Magistrate Judge Stewart D. Aaron on 5/5/2020) (js) Transmission to Office of Pro Se Litigation for processing.
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Filing
147
ORDER: NOW, THEREFORE, it is hereby ORDERED as follows: 1. The parties shall have sixty (60) days from the date of this Order to conduct discovery, including any document discovery or depositions, regarding Plaintiff 9;s mental capacity at the time he signed the Release and the circumstances of his counsel's involvement. This may include, but is not limited to, third-party discovery from the Central New York Psychiatric Center and Tracie A. S undack, Esq. 2. In light of recent public health developments and pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure, any depositions in this action may be taken via telephone, videoconference or other remote means. In addition, pursuant to Rule 30(b)(5), a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. 3. No later than seven (7) days following the completion of such discovery, De fendant shall notify the Court whether it intends to make any dispositive motion with respect to Plaintiff's mental capacity and the validity of the Release. If so, Defendant shall, include in its letter a proposed briefing schedule. A copy of this Order will be mailed to the pro se Plaintiff by Chambers. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 4/8/2020) (js)
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Filing
146
MEMORANDUM DECISION AND ORDER adopting 132 Report and Recommendations re: 112 Motion for Summary Judgment: Magistrate Judge Aaron's Report, (ECF No. 132), is ADOPTED in part. This matter is recommitted to Magistrate Judge Aaron for further proceedings consistent with this Memorandum Decision and Order. (Signed by Judge George B. Daniels on 3/19/2020) (jwh)
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