Henry v. The City of New York et al
| Levar T. Henry |
| The City of New York, Gary Perez, Randys Figuereo, Carlos Pimentel, Carlos Thomas, Juan Carrero, Willie Thompson, Ravikala Puttamadu, John Doe and New York City Department Of Corrections |
| 1:2017cv03450 |
| May 8, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| 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
279
ORDER: The Court has reviewed Defendants' letter and proposed redactions to certain documents and accompanying exhibits that previously were filed to the ECF docket, including ECF Nos. 157, 159-1, 172, 175-1, 177, 179, 198, 200, 201, 203, 20 4, 206, 215, 216, 221, 222, and 222-1. (See Defs.' 2/17/22 Ltr., Exs. 1 to 12, ECF No. 277 (redacted versions), ECF No. 278 (unredacted versions).) Based upon its review, the Court hereby approves the proposed redactions, finding such redactions to be consistent with controlling Second Circuit authority. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 2/24/2022) (js)
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Filing
259
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable John G. Koeltl, United States District Judge, the jury having returned a verdict in favor of Defendants Perez, Figuereo, Pimentel, Thomas and Carrero; and the Complaint is hereby dismissed. SO ORDERED (Signed by Judge John G. Koeltl on 12/15/2021) (ama)
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Filing
258
ORDER: The parties should be in Courtroom 14A by 9:00 a.m. on Monday, December 13. SO ORDERED. (Signed by Judge John G. Koeltl on 12/11/2021) ( Status Conference set for 12/13/2021 at 09:00 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (ks)
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Filing
250
ORDER: The day before trial, plaintiff's counsel produced a group of slides that plaintiff's counsel proposed to show to the jury during the opening statement. The group consisted of 21 slides. Of those slides, the defendants did not objec t to 3 slides: 1, 2, and 21, as further set forth in this Order. The parties are reminded that opening statements are not the place to argue a case to the jury. Rather, it is an opportunity to provide a concise summary to the jury of the important facts that counsel expect the evidence to show or not to show. SO ORDERED. (Signed by Judge John G. Koeltl on 12/7/2021) (mml)
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Filing
238
ORDER ALLOWING TRIAL ATTIRE FOR NON-PARTY WITNESS EDWARD GOLDFADEN: Upon the request of Plaintiff Levar Henry, by and through his counsel, and with good cause shown, it is hereby: ORDERED that the United States Marshals Service shall accept the fol lowing items of clothing for Edward Goldfaden (DIN# 21-A-1941) to wear for the trial in this matter to be held on December 8, 2021, until his testimony has concluded: As further set forth in this Order. SO ORDERED. (Signed by Judge John G. Koeltl on 12/3/2021) (ks)
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Filing
231
ORDER: As discussed in today's conference, the parties should submit an amended joint pre-trial order by Thursday, December 2, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 11/30/2021) ( Pretrial Order due by 12/2/2021.) (ks)
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Filing
219
ORDER terminating 139 Letter Motion for Conference re: 139 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge John G. Koeltl from Arianna Markel dated August 26, 2021., 176 LETTER MOTION to Compel Pro duction of Unredacted Disciplinary Files addressed to Judge John G. Koeltl from Arianna Markel dated November 8, 2021., 177 LETTER MOTION to Compel Production of Unredacted Disciplinary Files addressed to Judge John G. Koel tl from Arianna Markel dated November 8, 2021. ; denying 176 Letter Motion to Compel; denying 177 Letter Motion to Compel. Motion to Compel: Pending before the Court is Plaintiff's motion to compel Defendants to produce u nredacted disciplinary files of the individual Defendants. (See Pl.s 11/8/21 Ltr. Mot., ECF No. 176.1) For the reasons stated during today's conference, and the reasons set forth herein, Plaintiff's motion is DENIED. The Cou rt carefully has reviewed the documents provided for the Court's in camera review in both redacted and unredacted form, and the Court is satisfied that Defendants' latest production, made on November 12, 2021, is appropriately redacted so as to provide Plaintiff with the disciplinary information to which he is entitled-that is, disciplinary information relating to conduct, substantiated or not, similar to the conduct alleged in the complaint or that raises questions about Defendants' credibility. See Saavedra v. City of New York, No. 19CV07491 (JPC), 2021 WL 104057, at *1 (S.D.N.Y. Jan. 12, 2021) ("The longstanding 'prevailing practice' of courts throughout the Second Circuit is to 'limit discovery of a defendant's disciplinary history to complaints, whether substantiated or not, about conduct similar to the conduct alleged in the complaint.'" (citation omitted)); Local Civil Rule 83.10(e)(1) (C) (requiring City to produce in § 1983 Cases information regarding complaints or incidents that are similar to the incident alleged in the complaint or that raise questions about the defendant's credibility"). Motion to Seal: Also pending before the Court are motions to seal various filings which contain, among other things, Defendants' disciplinary records or references to such records. (See ECF Nos. 157, 172, 198, 201, 204 & 215.) These documents were filed under seal because they were designated by Defendants as "Confidential Materials" pursuant to the terms of the Protective Order entered in this case. (See Prot. Order, ECF No. 35.) However, the Protective Order expressly provides that "docume nts and information... shall not be deemed 'Confidential Materials' to the extent, and only to the extent, that they are: (1) obtained by Plaintiff from sources other than Defendants, or (b) [] otherwise publicly available." (Id. 3. ) As addressed during today's conference, much of the information contained in these documents is otherwise publicly available, and thus is not subject to the protections contained in the Protective Order, including the provisions ( in paragraph 12) requiring that such documents be filed under seal. See Walls v. City of New York, No. 19CV00337 (RPK) (VMS), 2021 WL 1812634, at *3 (E.D.N.Y. May 6, 2021) (referring to CCRB, Pro Publica, 50a and NYCLU websites). Ac cordingly, no later than January 3, 2022, Defendants shall file a letter with the Court that, with respect to each of the filings at ECF Nos. 159, 175, 177, 179, 197, 200 and 216, either (1) withdraws Defendants' opposition to removing the seal on such filing; or (2) encloses a revised version of such filing containing redactions only of the information that Defendants contend should remain under seal, while explaining with specificity (in the body of the letter) the basis for each such redaction. As consented to by Defendants during today's conference, the Clerk of Court is respectfully directed to lift the seal from the letter filed at ECF No. 203. (Cf. Defs.' 11/17/21 Ltr. Resp. #2, ECF No. 209, at 1 n.2.) Letter Regarding Redacted Photo Arrays: Also pending before the Court is a letter from Plaintiff arguing that Defendants' redaction of certain "photo arrays of the Defendant officers, which were sh own to Mr. Henry... just five days after his arrest" is improper. (Pl.'s 11/18/21 Ltr., ECF No. 217.2) As discussed during today's conference, the Court agrees. No later than Monday, November 22, 2021, Defendants shall produce to Plaintiff unredacted versions of the photo arrays at issue. The Clerk of Court is respectfully requested to cancel the gavels at ECF Nos. 139, 176 and 177. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/19/2021) (tg)
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Filing
191
ORDER: The parties are directed to appear for a telephone conference on Friday, November 19, 2021, at 11:00 a.m. EST to address Plaintiffs Letter Motion to Seal dated November 8, 2021 (ECF No. 172) and Letter Motion to Compel dated Novemb er 8, 2021 (ECF Nos. 176- 77). At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765- 0479) and enter access code 6489745. So Ordered (Telephone Conference set for 11/19/2021 at 11:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 11/12/2021) (js)
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Filing
166
ORDER granting 164 Letter Motion to Adjourn Conference. The 10/22/21 conference is adjourned to 11/3/21 at 3:00P.M. The 10/6/21 conference is canceled. So Ordered.. (Signed by Judge John G. Koeltl on 9/30/2021) Final Pretrial Conference set for 11/3/2021 at 03:00 PM before Judge John G. Koeltl. (ks)
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Filing
163
ORDER granting 161 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 9/27/2021) (tg)
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Filing
144
ORDER: The Court will hold a conference on October 6, 2021, at 10:00am. All outstanding matters can be dealt with at that conference. Meanwhile, the parties are urged to cooperate with respect to the production of any remaining agreed- upon discovery. SO ORDERED. (Status Conference set for 10/6/2021 at 10:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 9/1/2021) (tg)
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Filing
137
ORDER: IT IS HEREBY ORDERED: that the Superintendent, Warden, or other official in charge of Westchester County Correction located at 10 Woods Road, Valhalla, New York 10595 produce inmate Levar Henry at a location within the facility for his participation in a settlement conference by telephone at 2:30 PM on Monday, August 23, 2021 and for so long thereafter as the settlement conference continues, and that Plaintiff Levar Henry appear by telephonic means in such a place d esignated by the Superintendent, Warden, or other official in charge of Westchester County Correction, so that he may participate in the settlement conference. So Ordered. (Settlement Conference set for 8/23/2021 at 02:30 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 8/10/2021) (js)
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Filing
132
ORDER: The parties are directed to attend a telephonic conference on July 27, 2021 at 2:30 p.m. Dial in: (888) 363-4749, with access code 8140049. A copy of this Order will be emailed to pro se plaintiff at HenryLevar5@gmail.com and mailed to 85 Delray Drive, Mt. Vernon, NY 10552. SO ORDERED. ( Telephone Conference set for 7/27/2021 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 7/19/2021) Copies Mailed By Chambers. (vfr)
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Filing
126
MEMORANDUM OPINION AND ORDER re: 115 MOTION for Summary Judgment . filed by Randys Figuereo, The City of New York, Carlos Thomas, Gary Perez, Juan Carrero, Christain Hernandez, Carlos Pimentel., Therefore, there are no via ble state law claims against Lieutenant Hernandez. All claims against Lieutenant Hernandez should be dismissed. The Court has considered all of the arguments. To the extent not specifically addressed, the arguments are either moot or without mer it. For the reasons stated above, the defendants' motion for summary judgment dismissing the claims is denied with respect to the plaintiffs Section 1983 excessive force claim and state law claims for assault and battery. The defendants 9; motion for summary judgment dismissing the claims is granted with respect to all other claims, including all claims against Lieutenant Hernandez. The Clerk is directed to close Docket No. 115. SO ORDERED. Christain Hernandez (of Transit Bureau District 11, in his official and individual capacity) terminated. (Signed by Judge John G. Koeltl on 4/27/2021) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing
122
ORDER: The Court extended the time for the plaintiff to respond to the defendants' motion for summary judgment to February 12, 2021. ECF 120. The plaintiff has not responded. Therefore, the Court will decide the motion based on the current papers. The defendants are directed to send a courtesy copy of the papers to the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 2/24/2021) (ks)
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Filing
120
ORDER: The defendants have filed a motion for summary judgment on December 18, 2020. The time to file a response has expired. Nevertheless, the Court extends the time to file a response until February 12, 2021. If the plaintiff fails to file a r esponse by that time, the Court will decide the motion based upon the papers already submitted. Defendants may reply by February 26, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 1/26/2021) ( Responses due by 2/12/2021, Replies due by 2/26/2021.) (ks)
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Filing
114
ORDER: granting 113 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/10/2020) (ama)
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Filing
112
ORDER: The defendants' motion for summary judgment is due December 11, 2020. The plaintiff's response is due January 8, 2021. The defendants' reply is due January 29, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 11/5/2020) ( Motions due by 12/11/2020., Responses due by 1/8/2021, Replies due by 1/29/2021.) (ks) Modified on 11/5/2020 (ks).
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Filing
107
ORDER: Any dispositive motions should be filed by November 15, 2020. The Court notes that prior to filing such a motion, the party should request a pre-motion conference. SO ORDERED. (Signed by Judge John G. Koeltl on 9/14/2020) ( Motions due by 11/15/2020.) (ks)
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Filing
102
ORDER denying 101 Letter Motion to Stay. Defendants' request for a 60-day stay is DENIED, provided however that the Court extends the deadline of fact discovery until July 28, 2020 for the limited purpose of completing the three remaining depositions of Officer Carero, Sergeant Figuereo and Lieutenant Hernandez. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 5/28/2020) (js)
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