Ortiz v. Capra et al
Plaintiff: Elmer Ortiz
Defendant: Michael Capra, Anthony J. Annucci, S. Holliday and Jane Doe and John Doe 1-10
Case Number: 1:2017cv03620
Filed: May 15, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Richard J. Sullivan
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 7, 2021 Opinion or Order Filing 105 OPINION & ORDER: In light of the Court's finding of fact that Ortiz did not file a grievance, IT IS HEREBY ORDERED that his Second Amended Complaint (Doc. No. 24) is DISMISSED in its entirety for failure to exhaust his available administrati ve remedies before filing this action, as required by the PLRA. It is further ORDERED that Ortiz's request to call additional witnesses is DENIED as moot. Finally, it is respectfully ORDERED that the Clerk of the Court shall enter judgment for Defendants and close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/7/2021) (rj) Transmission to Orders and Judgments Clerk for processing.
July 15, 2020 Opinion or Order Filing 99 ORDER granting 98 Letter Motion for Extension of Time to File. Plaintiff's request for a two-week extension is GRANTED. By July 29, 2020, the parties shall (1) conduct a video meet-and-confer and (2) file a joint letter identifying the offic er(s) Plaintiff intends to call at the next hearing and setting forth any disagreement as to whether Plaintiff has a good faith basis to believe that the proposed witnesses will have relevant testimony justifying their appearance at the hearing. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/15/20) (yv)
June 29, 2020 Opinion or Order Filing 95 ORDER. IT IS HEREBY ORDERED THAT the parties shall submit a letter by July 2, 2020 explaining why they are unable to meet-and-confer via video conference. SO ORDERED. (Signed by Judge Richard J. Sullivan, Sitting by Designation on 6/29/20) (yv)
April 30, 2020 Opinion or Order Filing 93 ORDER granting 92 Letter Motion for Extension of Time to File. IT IS HEREBY ORDERED THAT the deadline for the parties to submit a joint letter identifying the Corrections Officers Plaintiff intends to call and setting forth any disagreements is adjourned until June 30, 2020. SO ORDERED. (Signed by Judge Richard J. Sullivan, Sitting by Designation on 4/29/20) (yv)
March 16, 2020 Opinion or Order Filing 91 ORDER: granting 90 Letter Motion for Extension of Time to File. IT IS HEREBY ORDERED THAT the deadline for the parties to submit a joint letter identifying the Corrections Officers Plaintiff intends to call and setting forth any disagreements as to whether Plaintiff has a good faith basis to believe that the proposed witnesses will have relevant testimony justifying their appearance is adjourned until April 30, 2020. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/16/2020) (ama)
December 19, 2019 Opinion or Order Filing 82 ORDER granting 81 Letter Motion for Extension of Time to File. IT IS HEREBY ORDERED THAT the deadline for the parties to submit a joint letter identifying the Corrections Officers Plaintiff intends to call and setting forth any disagreements as to whether Plaintiff has a good faith basis to believe that the proposed witnesses will have relevant testimony justifying their appearance at the hearing is extended until January 8, 2020. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/19/19) (yv)
April 11, 2019 Opinion or Order Filing 46 OPINION AND ORDER re: 45 LETTER MOTION for Extension of Time addressed to Judge Richard J. Sullivan from Neil Shevlin dated April 11, 2019 filed by S. Holliday. The Court is in receipt of Defendant's request, with Plaintiff 9;s consent, for an adjournment of the evidentiary hearing currently scheduled for May 17, 2019. The request is GRANTED. Accordingly, the parties shall submit their joint Jetter by June 17, 2019; the evidentiary hearing is adjourned to July 9, 201 9 at 9:30 a.m.; and Defendant's time to answer the Second Amended Complaint is adjourned to thirty days following any post-hearing order of the Court on the issue of exhaustion that does not dispose of this matter. No further extensions will be granted absent compelling circumstances. SO ORDERED. (Evidentiary Hearing set for 7/9/2019 at 09:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 4/11/2019) (ne)
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Plaintiff: Elmer Ortiz
Represented By: Paul Albert Hale
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Defendant: Michael Capra
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Defendant: Anthony J. Annucci
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Defendant: S. Holliday
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Defendant: Jane Doe and John Doe 1-10
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