Liverpool v. Davis et al
| Anthon F. Liverpool |
| Davis, Green, Laraque and John Doe |
| 1:2017cv03875 |
| May 22, 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 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
156
ORDER OF DISMISSAL The Court having been advised at ECF No. 154 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without pre judice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereaf ter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/10/2022) (jca)
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Filing
143
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all pr eviously-scheduled appearances or conferences before the District Court are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. (Signed by Judge Jennifer L. Rochon on 9/19/2022) (kgo)
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Filing
142
ORDER: Trial in this action scheduled for April 11, 2022 (Dkt. #131) is hereby ADJOURNED. Trial shall commence December 5, 2022, at 9:00 a.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties a re hereby ORDERED to exchange drafts of their portions of the Joint Pretrial Order by no later than November 7, 2022. The parties are further ORDERED to file the Joint Pretrial Order, motions in limine, requests to charge, proposed voir dire questi ons, and pretrial memoranda of law (if any) by November 14, 2022. Any opposition papers shall be filed by November 21, 2022. Additionally, the parties are ORDERED to appear for a final pretrial conference on November 29, 2022, at 10:00 a.m. in Cou rtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Motions due by 11/14/2022., Pretrial Order due by 11/14/2022., Responses due by 11/21/2022, Final Pretrial Conference set for 11/29/2022 at 10:00 AM in Courtroo m 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla., Jury Trial set for 12/5/2022 at 09:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/7/2022) (rro)
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Filing
138
STIPULATION AND PROTECTIVE ORDER CONCERNING THE INSPECTION OF CERTAIN AREAS OF THE N.Y.C. DEPT. OF CORRECTION'S OTIS BANTUM CORRECTIONAL CENTER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine Polk Failla on 8/25/2021) (rro)
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Filing
126
ORDER: Accordingly, the Court ORDERS the DOC to provide a copy of all video related to the incident occurring on or about July 10, 2014, at Pens 1-6 in the Main Intake Area of 16-00 Hazen Street, which incident is at the heart of this litigation, to Defendants in care of their counsel on or before July 7, 2021. Defendants shall serve this Order on the DOC promptly upon receipt. Defendants shall also produce this video to Plaintiff immediately upon receipt from the DOC. (Signed by Judge Katherine Polk Failla on 7/1/2021) (rro)
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Filing
115
ORDER: The Southern District of New York has reconfigured courtrooms and other spaces in its courthouses to allow civil jury trials to proceed as safely as possible during the COVID-19 pandemic. Under the centralized calendaring system currently in place, the Clerk's Office schedules up to three jury trials to begin on each day of jury selection: a primary case and up to two back-up cases that may proceed in its place if the primary case does not go forward. On January 8, 2021, the Court ordered that trial would commence on August 9, 2021 (Dkt. #111), and proceeded to request a jury trial for that date. The Clerk's Office has now notified the Court that this case has been placed on the jury trial list for August 10, 2021 . The case must be trial-ready for that date. The case is third on the list for jury trials for that day. This means that the case will not proceed on August 10, 2021, if either of the two trials scheduled for that date go forward. If the case can not proceed on the scheduled date, the Court will seek another jury trial date for as soon as possible thereafter. As soon as the Court confirms that the matter will proceed on August 10, 2021, it will inform the parties. The Court previously entered a schedule for pretrial submissions, pursuant to which the parties' Joint Pretrial Order, motions in limine, requests to charge, proposed voire dire instructions, and any pretrial memoranda of law will be due July 12, 2021; and any opposition p apers to motions in limine will be due July 19, 2021. (See Dkt. #111). A final pretrial conference is scheduled for July 23, 2021, at 10:00 a.m. (See id.). (Motions due by 7/12/2021., Pretrial Order due by 7/12/2021., Responses due by 7/19/2021, Ready for Trial by 8/10/2021., Final Pretrial Conference set for 7/23/2021 at 10:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/2/2021) (rro)
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Filing
113
ORDER GRANTING REQUEST FOR PRO BONO COUNSEL granting 112 Application for the Court to Request Counsel: For the foregoing reasons, Plaintiff's Application for the Court to Request Counsel 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. Nevertheless, this litigation will progress at a normal pace. 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 plaintiff should be prepared to proceed with the case pro se. Of cour se, 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 th erefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to Plaintiff and to terminate the motion pending at docket entry 112. (Signed by Judge Katherine Polk Failla on 1/29/2021) (jwh) Transmission to Docket Assistant Clerk for processing. Transmission to Office of Pro Se Litigation for processing.
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Filing
109
OPINION AND ORDER re: 105 MOTION to Amend/Correct 47 Answer to Amended Complaint filed by Officer Green, Officer Laraque, Captain Davis. For the foregoing reasons, Defendants' motion to amend their answer is DENIED. The Clerk of C ourt is directed to terminate the motion at docket entry 105. The parties are directed to submit a joint letter to the Court on or before January 8, 2021, discussing their availability for trial in the second half of 2021 and, as appropriate, any fur ther interest in alternative dispute resolution of this matter. The Clerk of Court is directed to send a copy of this Opinion and Order to Plaintiff at his address of record. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/17/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
101
ORDER SCHEDULING TELEPHONE CONFERENCE: A Settlement Status telephone conference in this matter will be held on Wednesday, September 30, 2020 at 3:00 p.m. It is hereby ordered that the Warden of other official in charge of the Intake Center pr oduce Plaintiff Anton F. Liverpool, Prison Identification No. 155581 on September 30, 2020 by no later than 3:00 p.m., to a suitable location within the Intake Center that is equipped with a telephone, for the purpose of participating by teleph one in a conference with the Court and Defendant's counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling Courtroom Deputy Chris Aiello at (212) 805- 0234. Defendant's counsel is directed to call Judge Parker's teleconference line at the scheduled time with the Plaintiff already on the phone. Please dial (866) 434-5269, Access code: 4858267. By September 28, 2020, Defendant sha ll submit an ex parte letter by email setting forth its settlement position and the reasons therefor and providing the Court with a copy of the relevant video and release that Plaintiff signed. The Clerk of Court is requested to mail a copy of this order to the Plaintiff. ( Telephone Conference set for 9/30/2020 at 03:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/10/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
100
ORDER SCHEDULING TELEPHONE CONFERENCE: A Settlement Status telephone conference in this matter will be held on Wednesday, September 9, 2020 at 3:00 p.m. It is hereby ordered that the Warden of other official in charge of the Intake Center p roduce Plaintiff Anton F. Liverpool, Prison Identification No. 155581 on September 9, 2020 by no later than 3:00 p.m., to a suitable location within the Intake Center that is equipped with a telephone, for the purpose of participating by teleph one in a conference with the Court and Defendant's counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling Courtroom Deputy Chris Aiello at (212) 805-0 234. Defendant's counsel is directed to call Judge Parker's teleconference line at the scheduled time with the Plaintiff already on the phone. Please dial (866) 434-5269, Access code: 4858267. The Clerk of Court is requested to mail a copy of this order to the Plaintiff. ( Telephone Conference set for 9/9/2020 at 03:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/21/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
98
ORDER SCHEDULING SETTLEMENT CALL: This case has been referred to me for settlement purposes. A telephone conference will be held on July 21, 2020 at 9:30 a.m. in advance of settlement.It is hereby ORDERED that the Warden or other official in charge of the Intake Center produce Plaintiff Anton F. Liverpool, Prison Identification No. 155581, on July 21, 2020, by no later than 9:30 a.m., to a suitable location within the Intake Center that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and Defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling Courtroom Deput y Christopher Aiello at (212) 805-0234; as further set forth herein. A copy of this Order has been mailed to the Pro Se Plaintiff by Chambers. ( Telephone Conference set for 7/21/2020 at 09:30 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/7/2020) (mro)
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Filing
91
ORDER TO PRODUCE: IT IS HEREBY ORDERED: that the Superintendent or other official in charge of the Anthony P. Travisono Intake Service Center, located in Cranston, Rhode Island, produce inmate Anton F. Liverpool, Inmate Id. 155581, at a location wit hin the facility with a telephone for the court-ordered telephone conference on March 23, 2020 at 2:00pm and for so long thereafter, as the conference continues, and that plaintiff appear in such place as designated by the Superintendent or other official in charge of the Anthony P. Travisono Intake Service Center so that he may attend the scheduled telephone conference. (Signed by Judge Katherine Polk Failla on 3/12/2020) (rro)
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Filing
87
OPINION AND ORDER: For the reasons set forth above, Defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to Defendants Kiste and Llarch. The motion is DENIED as to Defendants Davis, Green, an d Laraque. The Clerk of Court is directed to terminate the motion at docket entry 56. The Clerk of Court is directed to terminate Defendants Llarch and Kiste from this proceeding. In order address potential next steps in this matter, the parties ar e hereby ORDERED to appear for a telephonic conference in this matter on March 23, 2020, at 2:00 p.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. At the appointed date and time for the conferen ce, the Warden or other official in charge of the Intake Center shall produce prisoner Anton F. Liverpool, Identification No. 155581, at a suitable location within the Intake Center equipped with a telephone, for the purpose of participating by t elephone 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 6624801. Please note, the phone conference line will not be available prior to 2:00 p.m. Counsel for Defendants must (i) transmit this Order to the Warden forthwith; (ii) contact the Intake Center forthwith to arrange the call and to determine the telephone number at which pro se plaintiff will be reachable at the above time and date; and (iii) telephone the Court with pro se plaintiff on the line at the time and date of the conference. SO ORDERED. Captain Kiste (Shield #958) and Officer Llarch (Shield #3352) terminated., (Telephone Conference set for 3/23/2020 at 02:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/26/2020) Copies Mailed By Chambers. (jca)
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Filing
84
ORDER: Defendant's motion for summary judgment has been pending since March 7, 2019, and more than seven months have passed since Plaintiff's opposition papers were originally scheduled to have been submitted. Accordingly, Plaintiff is orde red to provide any exhibits relevant to his opposition to the motion for summary judgment on or before December 15, 2019. No further extensions of time will be granted. (Signed by Judge Katherine Polk Failla on 1/25/2019) Copies Mailed By Chambers. (jwh)
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