Carzoglio v. Paul et al
| Angelo Carzoglio |
| Vincent Paul, Deidre Carroll and John Rhodes |
| 1:2017cv03651 |
| May 15, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
106
OPINION AND ORDER: re: 87 MOTION for Summary Judgment filed by John Rhodes, Deidre Carroll, Vincent Paul. Defendants' Motion for summary judgment is GRANTED and all of Plaintiff's claims are dismissed with prejudice. The Clerk of Cou rt is kindly directed to terminate the motion at ECF No. 87, issue judgment in favor of Defendants, and close the case. The Clerk of Court is further directed to mail a copy of this Order to pro se Plaintiff at Plaintiff's address listed on ECF and to show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/26/2024) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
83
ORDER denying without prejudice to renewal by formal motion 68 Motion for Summary Judgment. For the foregoing reasons, the Court DENIES Defendants' motion for summary judgment without prejudice with leave to re-file in accordance with Loc al Rule 56.2. The Court further SETS the following revised motion schedule: (1) Defendants shall serve (not file) their relevant moving papers in conformity with the mandates of Local Rule 56.2 and certify to the Court via ECF that they have comp lied with Local Rule 56.2 on or before November 7, 2022; (2) pro se Plaintiff shall serve (not file) his opposition papers on or before December 22, 2022; and (3) Defendants shall serve its reply papers on or before January 6, 2023. Defendants sha ll further file all motion papers (including pro se Plaintiff's) on the reply date: January 6, 2023. Defendants shall moreover provide the Court with two hard courtesy copies of all motion papers as they are served, as well as an electronic c ourtesy copy per this Court's local emergency civil rules. If the pro se Plaintiff fails to timely serve an opposition to Defendants' motion, having been properly placed on notice pursuant to Local Rule 56.2 regarding his burden on su mmary judgment, the Court will consider the motion unopposed and will proceed accordingly. The Clerk of Court is directed to terminate the motion at ECF No. 68, and to mail a copy of this order to pro se Plaintiff at his address listed on ECF and to show service on the docket.. (Signed by Judge Nelson Stephen Roman on 10/6/2022) (ate)
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Filing
47
ORDER granting 46 Letter Motion to Adjourn Conference. The Court is in possession of the attached letter motion from Defendants, dated July 3, 2020 (ECF No. 46), requesting an adjournment of the July 10, 2020 Case Management Conference due to D efendants' counsel leaving the N.Y.S. Attorney General's Office. The Court grants the request insofar as the July 10, 2020 Case Management Conference is adjourned sine die. To the extent new counsel intends to file a motion for summary ju dgment, the Court waives the pre-motion conference requirement and grants Defendants leave to file their motion with the following briefing schedule: Defendants' moving papers shall be served not filed September 11, 2020; Plaintiff's opp osition papers shall be served not filed October 26, 2020; and Defendants' reply papers shall be served November 10, 2020. Defendants' counsel is directed to file all motion documents, including Plaintiff's opposition, on the reply d ate, November 10, 2020. The parties shall provide 2 copies of their respective motion documents to Chambers on the dates the documents are served upon their adversary, unless the Court's Emergency Rules are still in place. Defendants are dire cted to mail a copy of this memorandum endorsement to pro se Plaintiff and file proof of service on the docket. The Clerk of the Court is respectfully requested to terminate the motion (ECF No. 46). If Defendants choose not to file a motion for summary judgment, counsel shall notify Plaintiff and the Court in writing on or before September 11, 2020 and request the Court schedule a conference. (Signed by Judge Nelson Stephen Roman on 7/7/2020) (cf)
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Filing
45
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 in f rom 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 4/21/2020) (ks)
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Filing
43
ORDER granting 42 Motion for Discovery. IT IS HEREBY ORDERED that an Assistant Attorney General may take the deposition of plaintiff Angela Carzoglio, DIN # 18-A-0399, before a notary public, or some other officer authorized to administer oat hs by the laws of the United States or of the State of New York, at Attica Correctional Facility or any other correctional facility maintained by the New York State Department of Corrections and Community Supervision, upon notice to plaintiff and the superintendent of the correctional facility. Plaintiff is further advised that failure to attend, be sworn, answer appropriate questions, and complete said deposition may result in sanctions pursuant to Fed R. Civ. P. 37(d), which may include dismissal of the complaint in this action or assessment of costs and attorneys' fees. Five (5) business days notice to plaintiff required. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 2/21/2020) (ks)
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Filing
35
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: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 12/11/2019) (ks)
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Filing
34
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... IT IS HEREBY STIPULATED AND ORDERED, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(c), THAT: 1. This P rotective Order shall govern the handling of all information and/or materials produced or disclosed during the course of the Action, by any Party or Non-Party, including but not limited to information produced or disclosed: a. in any pleading, docu ment, affidavit, affirmation, interrogatory answer, responses to requests for admission, brief, motion, transcript, or any other written, electronic, recorded or graphic material; b. in testimony given in a deposition, court hearing, or trial, and any copies, or summaries of such information; or c. through any manner or means of discovery, including the production or inspection of books, records, documents and tangible things, and entry onto any land or premises. 2. As used herein 1 the ter m "Discovery Material" refers to that information and/or materials described in l(a)-(c) above. A Party that designates Discovery Material as Confidential ("Confidential Material") is a "Designating Party." 3. As used herein, "the Action" refers to all proceedings in the above-captioned case, including any appeals and the implementation of any remedy agreed to by the Parties or ordered by the Court. 4. The following documents and information produced or provided by the Parties or Non-Parties during the course of this Litigation, except information which is publicly available, may be designated by any Party as Confidential: a. all documents and information containing personal health or disabil ity information of any Party hereto, including but not limited to documents and information covered by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and records disclosed by a Party pursuant to any Authorizatio n to Release Medical Records executed by the Plaintiff in this Litigation; b. all documents and information containing mental health or psychiatric information of any Party hereto, including but not limited to documents and information covered b y HIPAA and records disclosed by a Party pursuant to any Authorization to Release Psychotherapy Notes executed by the Plaintiff in this Litigation; c. any documents and information which counsel for all Parties agree should be Confidential Materi al, subject to the provisions of paragraph 16 below; d. any other documents and/or information which counsel believes in good faith to be Confidential Material that can be protected from disclosure pursuant to Federal Rule of Civil Procedure 26(c ); e, any Discovery Materials that the Court directs to be produced as Confidential subject to this Order; and f. testimony about the documents and information covered by Paragraph 4(a)-(e). 5. Any summary, compilation, notes, copy, electronic ima ges, or database containing material and/or information designated as "Confidential" shall be subject to the terms of this Protective Order to the same extent as the material or information from which such summary, compilation, notes, elec tronic image, or database is made or derived as further set forth in this order. Clerk of the Court directed to mail a copy of this Order to pro se Plaintiff and show proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 12/10/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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