Perkins v. Perez et al
| Shakee Perkins |
| Ada Perez, John Doe No. 1, John Doe No. 2, John Doe No. 3, John Doe No. 4 and John Doe No. 5 |
| 1:2017cv01341 |
| February 22, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| 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
109
ORDER: The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's c alendar, provided the application to restore the action is made within forty-five (45) days of this Order. Any application to reopen filed after forty five (45) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences are CANCELED. The Clerk of Court is respectfully requested to mail a copy of this Order to Plaintiff. (Signed by Judge Philip M. Halpern on 10/22/2021) (kv)
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Filing
104
ORDER denying without prejudice 89 MOTION for Summary Judgment on behalf of Def. Bendheim. Defendants' request for additional time to complete a case presentation concerning Plaintiff'settlement demand (Doc. 103) is granted. Defendant s are directed to file a letter advising the Court of the status of settlement by September 30, 2021. Defendant Bendheim's pending motion for summary judgment (Doc. 89) is denied without prejudice to re-filing, in light of the parties' co ntinuing settlement dialogue. In the event that Defendant elects to re-file, the Court notes the following for consideration: Defendants Rule 56.1 Statement (Doc. 92) contains references to the "Decl. Seguin," but no such declaration was filed with the motion; and to the extent that exhaustion of administrative remedies under the PLRA is a ground on which Defendant seeks summary judgment as set forth in the Notice of Motion (Doc. 89), then such argument should be included in his m emorandum of law in support. The Clerk of Court is respectfully requested to terminate the pending motion (Doc. 89) and mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/23/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
76
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839; Access Code: 5999739. The parties should call i n from a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. DEFENSE COUNSEL IS DIRECTED TO HAVE THE PRO SE PLAINTIFF ON THE LINE PRIOR TO ACCESSING THE CONFERENCE VIA THE ABOVE INSTRUCTIONS. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 5/6/2020) Copy mailed to pro se plaintiff by Chambers. (va)
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Filing
71
ORDER. In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes as further set forth in this Order. So Ordered. (Signed by Magistrate Judge Paul E. Davison on 2/6/20) (yv)
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Filing
66
OPINION AND ORDER: For the reasons stated above, Defendants' Motion To Dismiss is granted in part and denied in part. The Court again dismisses Plaintiffs state-law claims with prejudice. The Court again dismisses Plaintiffs claims against De fendants Perez, Nameth, Travis, and Whelan, as well as all claims against Defendants in their official capacities. This time, however, the Court dismisses these claims with prejudice. Plaintiffs Eighth and Fourteenth Amendment claims against Defend ant Dr. Benheim survive the instant Motion.3 This ruling is without prejudice to Defendants raising arguments related to those discussed here in subsequent stages of the proceedings. The Clerk is respectfully directed to terminate the pending Moti on, (Dkt. No. 56), and to mail a copy of this Order to Plaintiff. The Court will hold a Status Conference on Wednesday, February 5, 2020 at 10:30 a.m. SO ORDERED. (Status Conference set for 2/5/2020 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 1/15/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
40
OPINION AND ORDER: For the reasons stated above, Defendants Motion To Dismiss is granted in part and denied in part. The Court dismisses Plaintiffs state-law claims with prejudice. The Court dismisses Plaintiffs claims against Defendants Perez, Benh eim, Nameth, Travis, and Whelan, as well as Plaintiffs claims against all Defendants in their official capacities, without prejudice. If Plaintiff wishes to file a second amended complaint, Plaintiff must do so within 30 days of the date of this O pinion. Plaintiff should include within that second amended complaint any changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. Plaintiff is advised that the second amended complaint will replac e, not supplement, all prior complaints. The second amended complaint must contain all of the claims, factual allegations, and exhibits that Plaintiff wishes the Court to consider. If Plaintiff fails to abide by the 30-day deadline, his claims may be dismissed with prejudice. The Clerk is respectfully directed to terminate the pending Motion, (Dkt. No. 32), and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/18/2019) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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