Jude et al v. The City of New York et al
| Lonnie Diggs |
| The City of New York, Department of Corrections, Joseph Ponte, Monica Windely, Corizon Health, Inc. Command, Corizon Health, Inc., Jay Cowan, Neil Leibowitz, Marilyn Silva, Zabhary Rosner and Nina Edwards |
| 1:2017cv01127 |
| February 14, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| 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
79
ORDER: granting 78 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/18/2020) Copies Mailed By Chambers. (ama)
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Filing
77
ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties& #039; settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settleme nt agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 6.A of the Court's Individual Practices and (2)a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/17/2020) (ama)
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Filing
73
ORDER: IT IS HEREBY ORDERED that the Superintendent or other official in charge of the Franklin Correctional Facility, located in Malone, New York, wherein resides inmate Lonnie Diggs, 18A-26-290, NYSID # 05303918Y, facilitate Plaintiff's time ly attendance by telephone with conference calls with counsel for the Defendants on and at the following dates and times: January 22, 2020 from 1:30 p.m. until 2:30 p.m. January 23, 2020 from 1:30 p.m. until 2:30 p.m. IT IS FURTHER ORDERED that the Superintendent or other official in charge of the Franklin Correctional Facility, will provide to Defendants' counsel, no later than January 21, 2020, a telephone number at which Plaintiff can be reached at the above stated dates and times. (Signed by Magistrate Judge Sarah L Cave on 1/13/2020) (ne)
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Filing
71
ORDER granting 70 Letter Motion for Conference ; granting 70 Letter Motion for Discovery. IT IS HEREBY ORDERED that the Superintendent or other official in charge of the Franklin Correctional Facility, located in Malone, New York, wherein resi des inmate Lonnie Diggs, 18A-26-290, NYSID # 05303918Y, facilitate Plaintiff's timely attendance by telephone with conference calls with counsel for the Defendants on and at the following dates and times: January 1, 2020 from 1:30 p.m. until 2:30 p.m., January 2, 2020 from 1:30 p.m. until 2:30 p.m. IT IS FURTHER ORDERED that the Superintendent or other official in charge of the Franklin Correctional Facility, will provide to Defendants' counsel, no later than December 31, 2019, a telephone number at which Plaintiff can be reached at the above stated dates and times. SO ORDERED. (Telephone Conference set for 1/2/2020 at 02:30 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 12/30/19) (yv)
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Filing
69
ORDER: The Court conducted a telephone conference today, December 20, 2019. Defendants counsel is directed to 1. resend copies of Plaintiff Lonnie Diggs medical records to Mr. Diggs; 2. submit a proposed order, via email or ECF, directing access for Mr. Diggs to a telephone on January 2, 2020 and January 3, 2020, for telephonic meet-and- confers regarding the contents of Mr. Diggs medical records; and 3. file a status letter by Friday, January 10, 2020, stating a new jointly proposed date for th e close of expert discovery. The Court anticipates scheduling a settlement conference for a date after the close of expert discovery. On June 4, 2019, the Honorable Henry B. Pitman appointed pro bono counsel to represent Mr. Diggs in this action. (EC F No. 50). The Pro Se Office is respectfully requested to seek pro bono counsel to represent Mr. Diggs in this action for the limited purpose of advising him during the anticipated settlement conference. 2 The Clerk of Court is respectfully directed to mail this order to Mr. Diggs at the address below. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/20/2019) (va) Transmission to Docket Assistant Clerk for processing. Transmission to Office of Pro Se Litigation for processing.
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Filing
66
ORDER: District Judge Valerie E. Caproni ordered the parties to submit a joint letter regarding the status of the case, including specific information, by Friday, December 14, 2019. (ECF No. 58-1 at 10). The parties failed to do so. The parties are ORDERED to file the joint letter by Wednesday, December 18, 2019 including an explanation for their failure to comply with the Court's Order. The Clerk of Court is respectfully directed to mail this order to the address below. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/16/2019) Copies mailed by Chambers. (ks)
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Filing
56
ORDER: Adopting REPORT AND RECOMMENDATION: for 46 Motion to Dismiss filed by City of New York. For all the foregoing reasons, the R&R is ADOPTED in full except as to its recommendation that Defendants' motion be granted for part of Plaintiff 's Monell claim. As to that recommendation, the R&R is NOT ADOPTED. Defendants' motion to dismiss is DENIED in its entirety. No later than October 1, 2019, Defense counsel must submit to this Court a letter regarding the status of discovery and, if needed, a proposed revised scheduling order. The Clerk of Court is respectfully directed to CLOSE the open motion at Dkt. 46. The Clerk of Court is also directed to MAIL a copy of this order, the docket sheet, and the filings at Dkts. 46-52, and to NOTE MAILING on the docket, to: Mr. Lonnie Diggs, DIN: 18-A-2629, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, Malone, New York, 12953-0010. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/12/2019) (ama) Transmission to Docket Assistant Clerk for processing. Modified on 9/12/2019 (ama).
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Filing
50
OPINION AND ORDER: re: 48 APPLICATION for the Court to Request Counsel. filed by Lonnie Diggs. Accordingly, plaintiff's motion for the appointment of counsel is granted, The Court's Pro Se Office is respectfully requested to seek pro bono counsel to represent plaintiff in this matter. The Clerk of the Court is requested to mark Docket Item 48 closed. So Ordered (Signed by Magistrate Judge Henry B. Pitman on 6/4/2019) (js)
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Filing
35
ORDER adopting Report and Recommendation for 25 Motion to Dismiss filed by The City of New York, 33 Report and Recommendations. For all the foregoing reasons, Magistrate Judge Pitman's R&R is ADOPTED. Defendants' motion to dismis s (Dkt. 25) is GRANTED WITH LEAVE TO AMEND. Plaintiff must submit a Second Amended Complaint to the Court no later than November 16, 2018. If Plaintiff fails to do so, Defendants must answer or move to dismiss the First Amended Complaint no later than December 14, 2018. If Plaintiff does submit a Second Amended Complaint, the Court directs Magistrate Judge Pitman to set a deadline for Defendants to answer or otherwise respond to it. The Clerk of Court is respectfully directed to close th e open motion at Dkt. 25. The Clerk is also directed to mail a copy of this order to Plaintiff at the following address and to note mailing on the docket: Lonnie Diggs, 18A-26-290, Franklin Correctional Facility, 62 Bare Hill Road, P.O. Box 10, M alone, NY 12953. SO ORDERED. (Marilyn Silva answer due 12/14/2018; Zabhary Rosner answer due 12/14/2018.) (Amended Pleadings due by 11/16/2018. Motions due by 12/14/2018.)(Jay Cowan (Regional Medical Director), Nina Edwards (DOC, Disability Righ ts Coordinator), Neil Leibowitz (Director of Mental Health), Joseph Ponte (Commissioner of the City of New York Department of Correction), The City of New York (a municipal Corp.), Monica Windely (Warden of North Infirmary Command, NIC), Corizon Health, Inc. and Corizon Health, Inc. Command ((NIC)) terminated.) (Signed by Judge Valerie E. Caproni on 9/27/2018) (anc) Transmission to Docket Assistant Clerk for processing.
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