Dawkins v. Copeland et al
| Edward Dawkins |
| Copeland, M. Holiness, Rice, Scully, Canady, Executive Director of Programs, Deputy Warden for Programs, Katza, Carolyn Saunders, K. Tilley, Lounett Dawkins, Lilian Lwin, Lueders Meno, Soula Priovolos, Ronald Simon and Ixel Cervera |
| 1:2017cv09926 |
| December 19, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| 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
209
ORDER granting 208 Letter Motion for Extension of Time to File. The parties' request for an extension of time for the proposed stipulation order to be filed, until February 23, 2024, is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/26/2024) (mml)
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Filing
207
ORDER: granting 206 Letter Motion for Extension of Time to File. The deadline to submit the settlement stipulation is extended until January 26, 2024. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/22/2023) (ama)
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Filing
205
ORDER: granting 204 Letter Motion for Extension of Time to File. The parties' request for an extension until December 21, 2023, is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/07/2023) (ama)
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Filing
203
ORDER: granting 202 Letter Motion for Extension of Time to File. The 28-day extension of the time by which the parties must file their settlement paperwork, until December 7, 2023, is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 11/13/2023) (ama)
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Filing
199
ORDER: The Court having been advised that the parties have reached a settlement in principle, it is ORDERED that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement not be consummated within thirty (30) days of the date hereof. Any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, the parties are advised th at if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the next thirty (30) days with a request that the agreement be "so ordered" by the Court. SO ORDERED. (Signed by Judge Edgardo Ramos on 8/24/2023) (tg)
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Filing
170
ORDER: granting 169 Letter Motion for Discovery. IT IS HEREBY ORDERED that Defendant's application for leave to take the deposition of Plaintiff, by remote means, on or before February 7, 2023, at a date and time that is mutually agreeable to the parties' counsel, is GRANTED; and IT IS FURTHER ORDERED that the Superintendent or other official in charge of Green Haven Correctional Facility or of whichever DOCCS facility in which Plaintiff is housed at the date and time agreed upon as set forth above, shall produce Plaintiff to a place designated by the Superintendent or other official for participation in said remote deposition at the date and time agreed upon as set forth above, and for so long thereafter, from day to day, as the deposition may continue, for a total of up to seven hours. IT IS SO ORDERED.. (Signed by Judge Edgardo Ramos on 1/24/2023) (ama)
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Filing
165
ORDER: granting 163 Letter Motion to Compel. Third-party witness Thomas Scully is hereby ordered to appear for a deposition on December 14, 2022. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/05/2022) (ama)
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Filing
157
STIPULATION AND ORDER GOVERNING THE PROTECTION AND EXCHANGE OF CONFIDENTIAL MATERIAL:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. This Court will retain jurisdiction over all persons subject to this Stipulation and Order to the extent necessary to enforce any obligations arising hereunder. SO ORDERED. (Signed by Judge Edgardo Ramos on 8/08/2022) (ama)
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Filing
142
ORDER: On November 2, 2020, counsel for Copeland filed a status update regarding the City's efforts to identify defendant Grace or Gracie. Doc. 140. There has been no further activity in this case since then. Defendant is therefore instructed to file a status update by no later than April 12, 2021. (Signed by Judge Edgardo Ramos on 4/5/2021) (mro)
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Filing
129
ORDER: On July 22, 2020, the Court directed service of the Second Amended Complaint, Doc. 116, on Grace. Doc. 125 at 7. It requested that Grace waive service, and it directed the New York City Law Department to inform the Court of whe ther Grace had been notified of the Complaint by August 5, 2020. In a letter dated August 11, 2020, Dawkins asked the Court for a 60-day stay of discovery given the expense required for him to reproduce and send certain documents to the Law Depa rtment. Doc. 128. at request is DENIED as moot. As the Court indicated in its July 22 order, discovery is stayed in this case until pro bono counsel is appointed. Dawkins need not produce any documents until then. Furthermore, the Law Depart ment has yet to inform the Court of whether Grace has been identified and notified of the Second Amended Complaint. It is directed to file a letter informing the Court of its efforts in this regard by August 28, 2020. (Signed by Judge Edgardo Ramos on 8/25/2020) (mro)
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Filing
125
ORDERS DIRECTING SERVICE & APPOINTMENT OF PRO BONO COUNSEL: The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Deputy Warden Gra ce of the Northern Infirmary Command waive service of summons. Furthermore Court directs that the Clerk of Court seek pro bono counsel to enter a limited appearance for the purpose of conducting discovery in the above-captioned action. Counse l's appearance will not include responding to dispositive motions, including any potential motion to dismiss by Grace. Copeland is directed to respond to the Second Amended Complaint by August 5, 2020. Grace is directed to answer or otherwise respond to the Second Amended Complaint within 21 days after he or she waives service. The Law Department is directed to inform the Court by August 5, 2020 of whether Grace has been informed of this Order, if he or she has not wa ived service by then. Finally, given that it will likely be some time before pro bono counsel can be secured, discovery is stayed in this case until such time pro bono counsel makes an appearance on Dawkins' behalf. The Court's sche duling order of May 28, 2020, Doc. 114, is VACATED. The Clerk of Court is directed to terminate the motions, Docs. 116 and 117. Waiver of Service due by 8/21/2020. (Signed by Judge Edgardo Ramos on 7/21/2020) (mro) Transmission to Office of Pro Se Litigation for processing. Transmission to Pro Se Assistants for processing.
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Filing
110
OPINION & ORDER re: 92 LETTER MOTION to Stay Discovery addressed to Judge Edgardo Ramos from David S. Thayer dated October 1, 2019 filed by Canady, Lounette Dawkins, Copeland, 80 FIRST MOTION to Dismiss the Amended C omplaint filed by Lounett Dawkins, Canady, Lounette Dawkins, Copeland. For the foregoing reasons, the Court makes the following rulings: Canaday's and Capt. Dawkins' motions to dismiss are GRANTED in their entiret y. de claims against them are DISMISSED with prejudice. All claims against Holiness, Scully, Katz, Saunders, Rice, Vaz, Tillery, Ramos, and Chowhurdy are DISMISSED, sua sponte, with prejudice. The Amended Complaint is DISMISSED as to Grace, Colon, and Cooper, without prejudice. Copeland's motion to dismiss the Amended Complaint is GRANTED in part and DENIED in part. The Section 1983 claim based upon alleged unlawful interference with access to the courts survives. All oth er claims against her are DISMISSED with prejudice. The moving defendants' motion to stay discovery pending the resolution of this motion, Doc. 92, is DENIED as moot. de Court directs the parties to proceed as follows: Should Dawkin s wish to file a Second Amended Complaint amending his claims against Cooper, Colon, and Grace, he must do so by June 1, 2020. Upon receipt, the Court will screen it and issue orders of service, if warranted. He may not add new defendants or a lter the allegations made against Copeland. Copeland is directed to answer the Second Amended Complaint, confer with Dawkins on a discovery plan, and submit a status report to the Court by June 1, 2020. The Clerk of Court is respectful ly directed to terminate from the case Canaday, Capt. Dawkins, Holiness, Scully, Katz, Rice, Saunders, Vaz (a.k.a. "Vas" and "Executive Director of Programs"), Tillery, Ramos, and Chowdhury (a.k.a. "Dr. John Doe"). The Clerk is also directed to terminate the motions, Docs. 80, 92. Dr. John Doe, M. Holiness (Grievance Coordinator), Dr. Katz (Medical Directors), Rice (Civilian), Carolyn Saunders (Warden of North Infirmary Command), Scully (Cashier Officer), K. Tillery, Deputy Warden Vas (#242, Executive Director of Programs), Canady (Grievance Coordinator) and Edward C. Dawkins terminated. (Signed by Judge Edgardo Ramos on 3/31/2020) (mro)
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Filing
109
ORDER re: 108 Letter, filed by Edward C. Dawkins. The Court is in receipt of Dawkins' letter of February 29, 2020, Doc. 108. In it, he requests leave to file a surreply in response to defendants' reply in support of defendants' motion to dismiss. That request is DENIED. This motion has been pending since June 2019, and Dawkins' letter has not identified any new arguments presented by defendants in their reply that would provide good cause for this Court to grant him leave to respond. The Clerk of Court is respectfully directed to mail this order to Dawkins. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 3/11/2020) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
100
ORDER. The Court is in receipt of Dawkins' letter of December 26, 2019, Doc. 99. His opposition to the defendants' motion to dismiss, Doc. 80, and motion to stay discovery, Doc. 92, is now due on February 3, 2020. Dawkins may submit his opp osition with the completed two-thirds typed and the remainder neatly handwritten. The Clerk of Court is respectfully directed to mail this order to Dawkins. It is SO ORDERED. (Responses due by 2/3/2020) (Signed by Judge Edgardo Ramos on 1/14/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing
97
ORDER re: 96 Letter, filed by Edward C. Dawkins, 95 Letter filed by Edward C. Dawkins. In light of the difficulties cited in his most recent letter, the Court will extend the deadline to respond to both the motion to stay and the motion to d ismiss to January 3, 2020. No further extensions will be given. Dawkins is directed to file his responses to both motions by that time. If he does not, the Court shall consider the defendants' motions as unopposed. Dawkins is warned that failure to abide by this order could result in the dismissal of his action. The Clerk of Court is respectfully directed to mail a copy of this Order to Dawkins. It is SO ORDERED. (Responses due by 1/3/2020) (Signed by Judge Edgardo Ramos on 12/3/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
71
OPINION AND ORDER re: 35 MOTION to Dismiss the Complaint. filed by Lounett Dawkins, Canady, Copeland, 41 MOTION to Dismiss . filed by Soula Priovolos, Lueders Meno. For the reasons set forth above, the defendants� 39; motions to dismiss are GRANTED. Dawkins' claims against the Hospital Defendants for negligence and medical malpractice are DISMISSED with prejudice; and the remainder of his claims are DISMISSED without prejudice. Dawkins will have an opport unity to replead his claims that have been dismissed without prejudice, as Rule 15 of the Federal Rules of Civil Procedure instructs courts to "freely give leave [to amend a pleading] when justice so requires," Fed. R. Civ. P. 15(a)(2), and the Second Circuit has instructed courts not to dismiss a complaint "without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated," Shabazz v. Bezio, 511 F. A pp'x 28, 31 (2d Cir. 2013) (internal quotation marks omitted). If Dawkins wishes to file an amended Complaint, he must.move to do so by May 1, 2019, and he must attach to his motion a copy of the proposed amended Complaint. Failure to move to am end in accordance with the instructions above and within the timeframe allotted, absent good cause shown, may result in the action's permanent dismissal. The Clerk of Court is respectfully directed to terminate the motions, Docs. 35, 41, and to mail a copy of this Opinion to Dawkins. SO ORDERED. (Motions due by 5/1/2019.), Lueders Meno (Surgery) and Soula Priovolos (Visiting Attended) terminated. (Signed by Judge Edgardo Ramos on 3/31/2019) (kv) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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