Johnson v. Schiff
Plaintiff: Angelo D. Johnson, Thomas Gallishaw, Eric Iorio, Keith Jackson, Bruce Moses, Brian Hakes and Kyle Smith
Defendant: Michael A. Schiff
Case Number: 1:2017cv08000
Filed: October 16, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Colleen McMahon
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 29, 2021 Opinion or Order Filing 349 ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reop en the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within sixty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, 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 within the same sixty day period to be "so ordered&q uot; by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce asettlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/28/2021) (jca)
January 7, 2021 Opinion or Order Filing 330 ORDER: ORDERED that Five Points Correctional Facility ("Five Points") produce inmate Angelo D. Johnson, Inmate No. 18A3458, for his deposition, to be taken before a notary public, at Five Points on both January 22, 2021 and January 25, 20 21. The deposition may take place via the use of video teleconferencing services. The court reporter is permitted to be remote for the purposes of reporting the proceeding and is not required to be in the physical presence of the deponent. IT IS FURT HER ORDERED that a copy of this Order shall be served by Defendants upon Five Points within ten (10) days of its entry via Facsimile or e-mail. The Clerk of the Comt is directed to serve a copy of this order on the pro se Plaintiff. (Signed by Magistrate Judge Andrew E. Krause on 1/7/2021) (nb) Transmission to Docket Assistant Clerk for processing.
July 17, 2020 Opinion or Order Filing 296 PARTIAL AND FINAL JUDGMENT: Whereas, the above entitled action having been assigned to the Honorable Kenneth M.Karas, USDJ; and Judge Karas having issued an Opinion and Order, dated September 26, 2019,dismissing various claims; and the plaintif f having thereafter filed a Second Amended Complaint, which omitted any allegations against defendants ZAYAS, COMP ASSO, MATIS, DAWSON, SHAW AND LEWIS. and did not list these individuals as party defendants (Dkt. 281); it is ORDERED, ADJUDGED AND DECREED, that Final Judgment is entered in favor of defendants ZAYAS, COMPASSO, MATIS, DAWSON, SHAW AND LEWIS dismissing and removing said defendants from the action, in accordance with FRCP Rule 54(b). C.O. Lewis, Cpl. Matis, M. Shaw, Sgt. Zayas, Thomas E. Compasso and C.O. Dawson terminated. (Signed by Judge Kenneth M. Karas on 7/17/2020) (jca)
May 20, 2020 Opinion or Order Filing 272 PARTIAL AND FINAL JUDGMENT: Whereas the above entitled action having been assigned to the Honorable Kenneth M. Karas, U.S.D.J.; and the Court thereafter having issued an Opinion and Order, dated September 26, 2019, which, inter alia, dismissed, witho ut prejudice, the claims asserted against Defendant Kitchen Manager Dale Fraser ("Fraser"); and the Court, having permitted the plaintiff to file a Second Amended Complaint within 45 days of its September 26, 2019 Opinion and Order (Dkt. 2 21, at p. 59); and the plaintiff having failed to file a Second Amended Complaint within 45 days of the Court's September 26, 2019 Opinion and Order; and the Court, on February 4, 2020, having directed the plaintiff to show cause, no later than March 4, 2020, as to why the plaintiff's claims which were dismissed without prejudice should not be dismissed with prejudice (Dkt. 224); and the plaintiff having failed to show cause in accordance with the Court's February 4, 2020 Order to Show Cause; it is, ORDERED, ADJUDGED AND DECREED: that Final Judgment is entered in favor of Defendant Fraser in accordance with FRCP Rule 54(b). Kitchen Manager Dale terminated. (Signed by Judge Kenneth M. Karas on 5/20/2020) (mml)
May 11, 2020 Opinion or Order Filing 252 NOTICE OF WITHDRAW AL AS COUNSEL: PLEASE TAKE NOTICE that, pursuant to Rule 1.4 of the Local Rules for the United States District Courts for the Southern and Eastern Districts of New York, I, Barbara K. Hathaway, an Assistant Attorney General at th e Office of Letitia James, Attorney General of the State of New York, attorney for defendant Loughren, who has been dismissed, in the above-entitled action, hereby withdraws as an attorney of record for Defendant Loughren, as I am leaving the Offi ce of the Attorney General and am no longer assigned to the defense of this case on the Attorney General's behalf. The Office of the Attorney General will continue to serve as counsel of record to Defendants in the above-referenced matter, and this matter will continue to be handled by Assistant Attorney General Steven Schulman. Therefore, I hereby request that the Court grant my withdrawal and that my appearance be removed from the docket. IT IS SO ORDERED. Attorney Barbara Kathryn Hathaway terminated. (Signed by Judge Kenneth M. Karas on 5/11/2020) (jca)
April 29, 2020 Opinion or Order Filing 250 PARTIAL & FINAL JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED, that the Court has granted the motion to dismiss in favor of Guinan-Clark, and there being no reason for delay, Final Judgment is entered in favor of defendant Guinan-Clark in accordance with Fed. R. Civ. Pr. 54(b). (Signed by Judge Kenneth M. Karas on 4/29/2020) (jca)
April 27, 2020 Opinion or Order Filing 248 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 as further set forth in this order. Chambers to send a copy of this order to Pro Se Plaintiff at address of record via mail. (Signed by Magistrate Judge Lisa Margaret Smith on 4/27/2020) (rj)
April 4, 2020 Opinion or Order Filing 239 PARTIAL AND FINAL JUDGMENT: ORDERED, ADJUDGED AND DECREED: that Final Judgment is entered in favor of Defendants Schiff, Chaboty, Smith, Ginty and Bini in accordance with FRCP Rule 54(b). (Signed by Judge Kenneth M. Karas on 4/3/2020) (jca)
March 28, 2020 Opinion or Order Filing 236 PARTIAL AND FINAL JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: that the Court has granted the motion to dismiss in favor of the defendants Good, Sauer and Crawley, and there being no reason for delay, Final Judgment is entered in favor of the defendants Good, Sauer and Crawley in accordance with FRCP Rule 54(b). LPN. Sauer, Davis Crawley and Dr. Good terminated. (Signed by Judge Kenneth M. Karas on 3/27/2020) (jca)
September 26, 2019 Opinion or Order Filing 221 OPINION AND ORDER: For the foregoing reasons, Defendants' Motions To Dismiss are granted in part and denied in part. Plaintiff's request for injunctive relief is dismissed. Defendants Loughren, Schiff, Ginty, Smith, Chaboty, and Bini are dismissed, as are Plaintiff's claims against all Defendants in their official capacities. Plaintiffs conspiracy claim is dismissed. The second amended complaint must contain all of the claims, defendants, factual allegations, and exhib its that Plaintiff wishes the Court to consider. Further, the Court emphasizes that Plaintiff should avoid using legal terms and phrases; rather, Plaintiff should state, in simple terms, what happened, when and where it happened, and who was invol ved. If Plaintiff fails to abide by the 45-day deadline, the claims may be dismissed with prejudice, and the case will proceed on his remaining claims. The Clerk of Court is respectfully requested to terminate the pending Motions. (Dkt. Nos. 156, 160, 163, 168, 173.)(And as further set forth in this Order.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/26/2019) (jca)
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Plaintiff: Angelo D. Johnson
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Plaintiff: Thomas Gallishaw
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Plaintiff: Eric Iorio
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Plaintiff: Keith Jackson
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Plaintiff: Bruce Moses
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Plaintiff: Brian Hakes
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Plaintiff: Kyle Smith
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Defendant: Michael A. Schiff
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