Ramirez v. New York Presbyterian Hospital et al
| Julio Ramirez |
| New York Presbyterian Hospital, E. L. Tatum, Jr., I. Joaquin, Olivares, E. Walkes and R. Beaudouin |
| 1:2017cv07801 |
| October 11, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G. Schofield |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
189
ORDER: It is hereby ORDERED that Mr. McIntyre's filing at Dkt. No. 188 will be stricken. As the prior Orders (Dkt. Nos. 142, 171) state, Mr. McIntyre cannot represent Plaintiff because he is not an attorney and cannot act on behalf of Plainti ff. Mr. McIntyre is advised not to file any other documents in this action, as they will not be accepted. It is further ORDERED that Plaintiff is advised that his recently-filed declarations (Dkt. No. 187) were already submitted in this action at Dkt. Nos. 172, 173 and 174. These declarations werereviewed and considered in connection with the decision to grant Defendants' motion for summary judgment. The Clerk of Court is respectfully directed to strike Dkt. No. 188 and to mail a co py of this Order to pro se Plaintiff and non-party, Brandon McIntyre, FCI Fort Dix-West, P.O. Box 2000, Joint Base MDL, NH 08640. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/15/2020) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing
186
CLERK'S JUDGMENT re: 185 Memorandum & Opinion in favor of Dr. John Doe, Ms. Jane Doe, Officer Jane Doe, Officer John Doe, Olivares, Deonn Richardson, E. Walkes, E. L. Tatum, Jr, I. Joaquin, Lt. Rice, Mr. Singh, R. Beaudouin against Julio Ramirez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 6, 2020, the motion for summary judgment is GRANTED, and the request to make additional filings and amend the Complaint are DENIED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/7/2020) (Attachments: # 1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing.
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Filing
185
OPINION AND ORDER re: 155 MOTION for Summary Judgment . filed by I. Joaquin, Officer John Doe, Officer Jane Doe, R. Beaudouin, Deonn Richardson, Mr. Singh. For the reasons above, the motion for summary judgment is GRANTED, an d the request to make additional filings and amend the Complaint are DENIED. The Clerk of Court is respectfully directed to (i) mail a copy of this Order to pro se Plaintiff and non-party, Brandon McIntyre, FCI Fort Dix-West, P.O. Box 2000, Joint Base MDL, NH 08640; (ii) correct the docket entry for Dkt. No. 181 to indicate that the letter was sent by Brandon-Charles McIntyre and not Plaintiff Ramirez; and (iii) close Dkt. No. 155 and this action. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/6/2020) (cf) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
142
OPINION & ORDER DENYING RECONSIDERATION OF THE MOTION TO DISMISS ORDER: It is hereby ORDERED that the motion for reconsideration of the December 19, 2018, Order is DENIED. It is further ORDERED that Plaintiff's request for Mr. McIntyre to serv e as Plaintiff's paralegal and mediator on the record is DENIED. It is further ORDERED that Plaintiff's request that this Court order the BOP to designate him at MCC during the pendency of this lawsuit is DENIED. It is further ORDERED, th at Plaintiff"s request for "15 Subpoena Forms and 6 forms to file a criminal complaint" in his letter dated April 24, 2019, at Dkt. No. 141 is DENIED. It is further ORDERED that, to assist this Court in determining whether it should request Plaintiff pro bono counsel for expert discovery, Defendants shall file as soon as possible and no later than June 28, 2019, its medical expert report -- opining on Plaintiff's injuries and whether the quality of care he received met professional standards -- which Defendants referenced at the February 26, 2019, conference. (As further set forth in this Order.) The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. (Signed by Judge Lorna G. Schofield on 5/24/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing
104
OPINION AND ORDER re: 75 MOTION to Dismiss the Amended Complaint. filed by I. Joaquin, Officer John Doe, Officer Jane Doe, R. Beaudouin, Olivares, Mr. Singh, E. Walkes, Lt. Rice, E. L. Tatum, Jr., Deonn Richardson. For the following reasons, Defendants partial motion to dismiss is GRANTED, except itis DENIED as to Defendants Richardson, Naranjo and Silvia for post-surgery actions. For clarity, the only remaining claims are Bivens claims for deliberate indifference to a serious medical need against (1) Defendants Richardson, Naranjo and Silvia for post-surgery actions, (2) Defendants Beaudouin and Singh for post-surgery actions and (3) Defendant Joaquin for actions after Plaintiff informed Joaquin of Plaintiff� 39;s medical needs in person -- the last two categories of which were not the subject of this motion. If Plaintiff seeks leave to file an amended complaint, he shall file a letter application as described above no later than February 2, 2019. Even if Plaintiff does not seek to file an amended complaint, this case will proceed on Plaintiff's Bivens claims for deliberate indifference to a serious medical need against (1) Defendants Richardson, Naranjo and Silvia for post-surgery actions, (2) Defendants Beaudouin and Singh for post-surgery actions and (3) Defendant Joaquin for actions after Plaintiff informed Joaquin of Plaintiff's medical needs in person. The Clerk of Court is respectfully directed to close the motion at Docket Number 75 and to mail a copy of this Opinion and Order to pro se Plaintiff. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/19/2018) (cf) Transmission to Docket Assistant Clerk for processing.
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