Batista v. New York Police Department et al
| Shamir Batista |
| Micheal Leclair, John McSherry, Carlos Pagan and City of New York |
| 1:2017cv01994 |
| March 17, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
147
ORDER: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Up on such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, wit hout the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action wit h prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/4/2022) (rro)
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Filing
123
ORDER: NOW THEREFORE IT IS ORDERED that the METROPOLITAN CORRECTIONAL CENTER or CORRECTIONAL FACILITY accept two (2) sets of trial clothes from Nicholas C. Carullo, Esq., Arun Subramanian, Esq., or Steven Shepard, Esq. and deliver them to inmate Shamir Batista NYS DOCCS #18-A-3248. (Signed by Judge Katherine Polk Failla on 4/11/2022) (rro)
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Filing
116
ORDER: On August 5, 2021, the Court ordered the trial in this matter to commence on May 9, 2022 (Dkt. #111), and proceeded to request a jury trial for that date. The Clerk's Office has notified the Court that this case has been placed third on the jury trial list for May 5, 2022. The case must be trial-ready for that week, as the Court believes it possible that jury selection may proceed on a day earlier in the week of May 2, 2022. As soon as the Court is able to confirm the date on wh ich this matter will proceed, it will inform the parties. The dates contained in the Court's trial scheduling order remain in effect. (Dkt. #111). Pursuant to that Order, the parties' Joint Pretrial Order, motions in limine, requests to cha rge, proposed voir dire questions, and any pretrial memoranda of law (if any) are due April 11, 2022; and any opposition papers to motions in limine are due April 18, 2022. (Id.). The Court will hold the final pretrial conference on April 27, 2022, a t 3:30 p.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Motions due by 4/11/2022., Pretrial Order due by 4/11/2022., Responses due by 4/18/2022, Final Pretrial Conference set for 4/27/2022 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/21/2022) (rro)
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Filing
97
ORDER: Accordingly, the Court will proceed to set this case for trial. After considering the factors set forth in Hodge v. Police Officers, the Court finds that the continued appointment of pro bono counsel in this case is justified. See 802 F.2d 5 8, 61-62 (2d Cir. 1986). This case will be set for trial, and therefore the appointment of counsel is crucial to, inter alia, Plaintiff's ability to present the case at trial and to conduct cross-examination [that] will be the major proof pre sented to the fact finder. Id. at 61. In this case, representation would lead to a quicker and more just result by sharpening the issues and shaping examination. Id. Therefore, Plaintiff's current pro bono counsel shall inform the Court on or by February 25, 2021, whether they will continue to represent Plaintiff. After the issue of pro bono counsel isresolved, the Court will set the matter down for trial. (Signed by Judge Katherine Polk Failla on 2/11/2021) (nb)
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Filing
91
ORDER GRANTING REQUEST FOR PRO BONO COUNSEL: For the foregoing reasons, Plaintiff's request for pro bono counsel for the limited purpose of settlement discussions is granted. The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. This Court will pause matters for 60 days, in order to see if counsel can be obtained. If an attorney volunteers, the attorney will contact Plaintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and in such circumstances, Plaintiff would have to proceed with the case p ro se. Of course, if an attorney offers to take the case, it is entirely Plaintiff's decision whether to retain that attorney or not. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED (Signed by Judge Katherine Polk Failla on 7/8/2020) Copies Mailed By Chambers. (rro)
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Filing
88
ORDER, This case has been referred to me for settlement. The parties are directed to appear telephonically for a pre-settlement conference on June 10, 2020 at 2:00 pm. Parties should call (212) 805-0260 when all parties are on the line. SO ORDERED. ( Telephone Conference set for 6/10/2020 at 02:00 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 5/26/20) (yv)
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Filing
86
OPINION AND ORDER re: 74 MOTION for Summary Judgment filed by Carlos Pagan, John McSherry, Micheal Leclair, City of New York. For the reasons set forth above, Defendants' motion for summary judgment is GRANTED IN PART a nd DENIED IN PART. The Court grants summary judgment as to Defendants McSherry and Pagan, who are hereby terminated as parties to this matter. The Court denies summary judgment as to Defendant Leclair on the limited issue of whether or not he used excessive force in deploying the taser against Plaintiff. The parties are further ORDERED to appear for a pretrial conference on May 8, 2020, at 11:00 a.m. At the appointed date and time for the conference, the Warden or other official in charge of Great Meadow Correctional Center shall produce prisoner Shamir Batista, Identification No. 18A3248, at a suitable location within the Correctional Center equipped with a telephone, for the purpose of participating by telephone in the conference with the Court and defense counsel in the above referenced matter. At the appointed time, the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the phone conference line will not be available prior to 11:00 a.m. Coun sel for Defendants must (i) transmit this Order to the Warden forthwith; (ii) contact the Correctional Center forthwith to arrange the call and to determine the telephone number at which Plaintiff will be reachable at the above time and date; and (ii i) telephone the Court with Plaintiff on the line at the time and date of the conference. SO ORDERED. (John McSherry (Shield No. 2484) and Carlos Pagan (Shield No. 2218) terminated. Telephone Conference set for 5/8/2020 at 11:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/3/2020) Copies Mailed By Chambers. (rro)
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