Asencio v. The City Of New York , et al
| Carlos Asencio |
| The City Of New York, The New York City Department of Probation, The New York City Department Of Correction and John Doe |
| 1:2018cv00097 |
| January 5, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sidney H. Stein |
| Other 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
139
ORDER The trial of this matter having been set for today at 9:30 a.m., and counsel for all parties and defendants present, but no appearance by plaintiff, IT IS HEREBY ORDERED that for the reasons set forth on the record today, this matter is dismissed with prejudice. SO ORDERED. (Signed by Judge Sidney H. Stein on 4/11/2023) (jca)
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Filing
133
ORDER: The final pretrial conference for this matter will take place via teleconference on April 3, 2023 at 4:30 p.m. To access the teleconference, call 888-273-3658 and enter access code 7004275. SO ORDERED., (Telephonic Final Pretrial Conference set for 4/3/2023 at 04:30 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 3/27/2023) (ama)
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Filing
128
ORDER granting 126 Letter Motion to Adjourn Conference. The trial of this matter is adjourned to April 11, 2023, at 9:30 a.m. in Courtroom 23A. SO ORDERED. Jury Trial set for 4/11/2023 at 09:30 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 1/17/2023) (jca)
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Filing
125
ORDER granting 121 Letter Motion to Adjourn Conference. The Court grants plaintiff's request for an adjournment of this trial. The trial of this action will commence on February 6, 2023, at 9:30 a.m. in Courtroom 23A. That date was selected as the date all parties are available. SO ORDERED. Jury Trial set for 2/6/2023 at 09:30 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.. (Signed by Judge Sidney H. Stein on 11/18/2022) (jca)
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Filing
118
ORDER granting 116 Letter Motion to Seal. Application granted. Trial shall commence on Dec 12, 2022 at 9:30 A.M. in Courtroom 23A. SO ORDERED. (Signed by Judge Sidney H. Stein on 9/1/2022) (jca)
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Filing
113
OPINION AND ORDER: The Court has received defendants' motion to preclude plaintiff's treating physician, Dr. Jason Baynes, from testifying at trial regarding his Initial Evaluation Addendum, (Defendants' Letter Memorandum, Ex. A, ECF No. 109.) The one-paragraph Addendum sets forth the doctor's opinions that the permanency of plaintiff's disability as well as certain surgeries and therapy "will cost in my estimation greater than $500,000. Id. As an initial mat ter, Dr. Baynes, as a treating physician, is not subject to the reporting requirements of Fed. R. Civ. P. 26(a)(2)(B). See Zanowic v. Ashcroft, No. 97 cv-5292, 2002 WL 373229, at *2 (S.D.N.Y. Mar. 8, 2002). However, Dr. Baynes "must demonstrate 'a scientifically reliable method to support [his] conclusions" regarding plaintiff's future medical expenses. Romanelli v. Long Island R. Co., 898 F. Supp. 2d 626,631 (S.D.N.Y. 2012). Although treating physicians are not required to f urnish written reports to support their expert testimony, they must nevertheless provide "the proper foundation" for opinions such as those on the costs of future medical treatment. See, e.g., Gibson v. CSX Transp., Inc., No. 1:07-cv-156, 2 008 WL 11355393, at *4 (N.D.N.Y. Nov.3.2008). Here, the Addendum does not provide a basis for Dr. Baynes's "estimation" that plaintiff's future medical treatment will cost "greater than $500,000." Therefore, defenda nt's motion to preclude Dr. Baynes's Initial Evaluation Addendum is denied on condition that plaintiff disclose the foundation underlying his opinions that are set forth in that document. See Romanelli, 898 F. Supp. 2d at 631; Gibson, 2008 WL 11355393, at *4. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/15/2022) (kv)
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Filing
112
ORDER: The Court has received the letter from defendants dated June 9, 2022 [Doc. No. 110]. IT IS HEREBY ORDERED that the trial of this matter shall commence on Wednesday, September 28, 2022, at 9:30 a.m. The trial will take place in Courtroom 23A. SO ORDERED. (Jury Trial set for 9/28/2022 at 09:30 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 6/9/2022) (jca)
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Filing
108
ORDER: The action scheduled to commence trial before this Court and a jury on June 7, 2022, has not resolved itself. Accordingly, IT IS HEREBY ORDERED that the trial of this matter scheduled to commence on June 15, 2022, is adjourned sine die. The parties are directed to submit to the Court on or before June 9, three agreed upon periods when they are available to try this case within the next three months. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/2/2022) (jca)
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Filing
106
ORDER granting 105 Letter Motion to Adjourn Conference. The conference is adjourned to May 31, 2022, at 3:00 p.m. SO ORDERED. Final Pretrial Conference set for 5/31/2022 at 03:00 PM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 5/18/2022) (jca)
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Filing
104
ORDER: The Court has been informed that there will be sufficient members of the venire on June 16, 2022, for a jury to be selected in both the first-listed case scheduled on that day and in Asencio v. Probation Officers Medina and Hall, 18-cv-97. Therefore, the trial of this action will commence as scheduled on June 16, 2022, at 9:30 a.m. in Courtroom 23A. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/30/2022) (jca)
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Filing
101
ORDER granting 100 Letter Motion to Adjourn Conference. At counsel's request, the argument of the in limine motions is adjourned to Wed, March 20 at 10 A.M in Courtroom 23A. SO ORDERED. Oral Argument set for 3/30/2022 at 10:00 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 3/28/2022) (jca)
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Filing
99
ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on the pending in limine motions in this matter on Tuesday, March 29, 2022, at 3:00 p.m. The proceeding will take place at the U.S. Courthouse, 500 Pearl Street, New York, New York, in Courtroom 23A. SO ORDERED. (Oral Argument set for 3/29/2022 at 03:00 PM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 3/24/2022) (jca)
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Filing
97
ORDER: IT IS HEREBY ORDERED that: 1. The trial in this matter will begin on June 13, 2022, at 9:30 a.m.; and 2. The final pretrial conference in this matter shall take place on May 24, 2022, at 2:00 p.m. in Courtroom 23A, 500 Pearl Street, New Yor k, NY 10007. The parties should be aware that although the Court is submitting the jury request for this trial to begin on June 13, 2022, the trial date may be rescheduled by the Court's Ad Hoc Committee on the Resumption of Jury Trials to ano ther date in the second quarter of 2022. The Court will notify the parties as soon as the second quarter trial calendar has been established for trials at the U.S. Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Final Pretrial Con ference set for 5/24/2022 at 02:00 PM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein., Jury Trial set for 6/13/2022 at 09:30 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 2/1/2022) (jca)
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Filing
90
ORDER: The Court is presiding over a criminal trial which will continue this week. Accordingly, IT IS HEREBY ORDERED that the final pretrial conference scheduled for June 21, 2021, is adjourned to July 9, 2021, at 9:30 a.m. ( Final Pretrial Conference set for 7/9/2021 at 09:30 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 6/16/2021) (cf)
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Filing
76
ORDER: The Court has been advised that the Ad Hoc Committee on the Resumption of Jury Trials has scheduled the trial of this matter to commence on Wednesday, July 14, 2021. This matter is the third trial scheduled for that date and will commence if the first two trials scheduled for July 14 resolve themselves prior to July 14. Accordingly, IT IS HEREBY ORDERED that: 1. The last day for the parties to file the joint pretrial order, any motions in limine, proposed jury charges, and proposed voir dire, remains June 7, 2021; 2. The last day to file responses to any motions in limine remains June 14, 2021; and 3. The final pretrial conference remains scheduled for June 21, 2021, at 12:30 p.m., (Motions due by 6/7/2021., Pretrial Order due by 6/7/2021., Responses due by 6/14/2021, Ready for Trial by 7/14/2021., Final Pretrial Conference set for 6/21/2021 at 12:30 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 6/4/2021) (nb)
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Filing
75
ORDER granting 74 CONSENT LETTER MOTION to Adjourn Conference Scheduled for June 21, 2021, and Response to Court's Order Dated April 29, 2021 addressed to Judge Sidney H. Stein from Hannah V. Faddis dated May 5, 2021. Document filed by Garrett Hall, Jose Medina. The time of the conference on June 21, 2021, is moved to 12:30 p.m. So ordered. (Final Pretrial Conference set for 6/21/2021 at 12:30 PM before Judge Sidney H. Stein). (Signed by Judge Sidney H. Stein on 5/6/2021) (rjm)
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Filing
73
ORDER. The trial of this matter is scheduled to begin on July 12, 2021, at 9:30 a.m. [Doc. No. 71]. Accordingly, IT IS HEREBY ORDERED that the parties are directed to notify this Court in writing on or before May 5, 2021, as to what the likelihood is of this trial proceeding to trial rather than being consensually resolved prior to trial. So ordered. (Signed by Judge Sidney H. Stein on 4/29/2021) (rjm)
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Filing
70
ORDER: There will be a teleconference on January 28, 2021, at 2:15 p.m. All participants must identify themselves every time they speak, spell any proper names for the court reporter, and take care not to interrupt or speak over one another. Fina lly, all of those accessing the conference whether in listen-only mode or otherwise are reminded that recording or rebroadcasting of the proceeding is prohibited by law. Counsel should adhere to the following rules and guidelines during the telec onference: Each party should designate a single lawyer to speak on its behalf (including when noting the appearances of other counsel on the telephone). Counsel should use a landline whenever possible, should use a headset instead of a speakerphone , and must mute themselves whenever they are not speaking to eliminate background noise. In addition, counsel should not use voice-activated systems that do not allow the user to know when someone else is trying to speak at the same time. To facili tate an orderly teleconference and the creation of an accurate transcript, counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter. Counsel should also take special care not to interrupt or speak over one another. If there is a beep or chime indicating that a new caller has joined while counsel is speaking, counsel should pause to allow the Court to ascertain the identity of the new participant and confirm that the court reporter has not been dropped from the call. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/27/2021) ( Telephone Conference set for 1/28/2021 at 02:15 PM before Judge Sidney H. Stein.) (ks)
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Filing
66
ORDER: Due to the COVID-19 pandemic, the Southern District of New York has a limited number of specially designated courtrooms available for jury trials. The judges of the Southern District, working with the Clerk of Court, have worked to schedule trials in the first quarter of 2021, so that trials may proceed safely. Once a trial date is set for an action through this process, it cannot be changed, although it may be adjourned to another quarter of 2021 if extenuating circumstances arise. Ac cordingly, IT IS HEREBY ORDERED that: 1. The trial of this matter remains at February 22, 2021, at 9:30 a.m.; 2. The last day to file the joint pretrial order, any motions in limine, proposed jury charges, and proposed voir dire, is February 1, 2021; 3. The last day to file responses to any motions in limine is February 8, 2021; and 4. There will be a final pretrial conference on February 12, 2021, at 11:00 a.m. (Jury Trial set for 2/22/2021 at 09:30 AM before Judge Sidney H. Stein., Pretrial Conference set for 2/12/2021 at 11:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 12/9/2020) (nb)
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Filing
60
ORDER. IT IS HEREBY ORDERED that the requested dates in the parties' joint letter [Doc. No. 59] are granted as follows: The deadline to file the joint pretrial order, motions in limine, proposed jury charges, and proposed voir dire questions is September 7, 2020. The deadline to file responses to motions in limine is September 14, 2020. The trial remains scheduled to begin on September 29, 2020 at 9:30 AM. So ordered. (Motions due by 9/7/2020. Pretrial Order due by 9/7/2020. Responses due by 9/14/2020). (Jury Trial set for 9/29/2020 at 09:30 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 4/1/2020) (rjm)
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Filing
52
ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that: 1. Defendants shall notify the Court, in writing, whether they intend to move for partial summary judgment in favor of Probation Officer Medina; 2. If defendants move, they shall do so on or before February 28, 2020; 3. Plaintiff's opposition to the motion is due on or before March 13, 2020; 4. Defendants' reply is due on or before March 20, 2020; 5. The joint pret rial order, proposed jury charges, and, if the parties wish, proposed voir dire and any motions in limine, are due on or before April 27, 2020; and 4. The trial of this matter will begin on May 11, 2020, at 9:30 a.m. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/30/2020) Motions due by 4/27/2020., Pretrial Order due by 4/27/2020., Responses due by 3/13/2020, Replies due by 3/20/2020.) (ks)
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