Gomez et al v. Westchester County et al
| Santiago Gomez, Johnny McCray, Daniel Spotards, Andrew Bethune, Wyatt Mitchell and Franklin Mateo |
| Westchester County, Kevin M. Cheverko, Aramark Correctional Services, LLC, Manual Mendoza, Charles, Coley, Penny and Craig |
| 1:2018cv00244 |
| January 10, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prison Condition |
| 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
114
ORDER: Accordingly, the Court DISMISSES without prejudice the above-captioned action for want of prosecution. The Clerk of the Court is directed to terminate this action, to mail a copy of this order to pro se Plaintiff at the address on ECF, and to show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/28/2023) (vfr)
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Filing
112
ORDER: Due to the passage of some of the dates in the Parties' proposed Case Management Plan at ECF No. 110, the Parties are directed to submit an amended Case Management Plan (blank form attached) to the Court on or before September 1, 2023 . At that time, the Court will review the amended Case Management Plan and take appropriate action. If the Parties still intend on proceeding before the Magistrate Judge (now assigned to Magistrate Judge Victoria Reznik), the parties must sign (not a "s/") and return the Notice, Consent, and Reference to the Magistrate Judge form, which is also attached. In the alternative, if the parties have resolved the matter, the parties are DIRECTED to submit a signed (not a "s/") stipulation of dismissal. The Clerk of Court is directed to serve a copy of this Order to pro se Plaintiff and show service on the docket. (Signed by Judge Nelson Stephen Roman on 8/2/2023) (ate)
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Filing
108
ORDER: Therefore, the claims previously dismissed without prejudice are now dismissed with prejudice, and Defendants Westchester County, Kevin M. Cheverko, Joseph K. Spano, Aramark Correctional Services, LLC, Assist. Warden Middletown, Manuel Men doza, Charles Butler, Coffey Kohli, Penny Stewart, Craig Boissy, Darnell Flax, Donna Blackman, Matthew Kitt, Ashterman, Correctional Officer Castro, Law Librarian Kesemethia Hewitt, Assistant Warden La Fonda Spaulding, Leandro Diaz, and Correctio nal Officer Parchment are terminated with prejudice. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at the address listed on ECF, and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 1/28/2022) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing
104
ORDER: The Court waives the Initial Pre-trial Conference and directs the parties to complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be submitted to chambe rs by January 26, 2022. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Paul E. Davison for general pretrial purposes. The parties are directed to contact Judge Davison within seven (7) business days of the date of the Order of Reference to schedule a conference. So Ordered. (Signed by Judge Nelson Stephen Roman on 12/22/2021) (js)
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Filing
102
ORDER & OPINION re: 93 MOTION to Dismiss Plaintiff's Complaint. filed by Penny, Darnell Flax, Aramark Correctional Services, LLC, Craig, Penny Stewart, Manual Mendoza, Charles Butler, Charles, Donna Blackman, Craig Boissy, Coffey Kohli, Coley, 95 MOTION to Dismiss the Amended Complaint as to County Defendants. filed by Middletown, Ashterman, Joseph K. Spano, Kesemethia Hewitt, MacDonald, Matthew Kitt, Roberts, Parchment, Westche ster County, La Fonda Spaulding, Castro, Francis Assist. Warden Delgrosso, Leandro Diaz, Kevin M. Cheverko. For the foregoing reasons, the Aramark Defendants' motion is GRANTED, and the Westchester Defendants' motion is GRANTED in par t and DENIED in part. The surviving claims include the First Amendment retaliation claims against Defendants Roberts, MacDonald, and Delgrosso. Plaintiff is granted leave to file a Second Amended Complaint as to any claims that have not been dismi ssed with prejudice. If he chooses to do so, Plaintiff will have until November 29, 2021 to file a Second Amended Complaint consistent with this order. Plaintiff is advised that the Second Amended Complaint will replace not supplement the Amended Complaint so any claims he wants to pursue must be included in or attached to the Second Amended Complaint. Plaintiff is not required to reattach his exhibits or affirmation documents to the Second Amended Complaint; however, he may attach docume nts not previously provided to the Court. An Amended Civil Rights Complaint form is attached to this Order. Defendants are then directed to answer or otherwise respond by December 20, 2021. If Plaintiff fails to file a Second Amended Complaint wi thin the time allowed, and he cannot show good cause to excuse such failure, those claims dismissed without prejudice by this order will be deemed dismissed with prejudice. If no Second Amended Complaint is timely filed, Defendants Roberts, MacDon ald, and Delgrosso must answer the remaining claims against them on or before December 20, 2021. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 93 & 95. The Clerk is also respectfully directed to mail a copy of this Opinion and Order to Plaintiff at the address listed on ECF, and to show service on the docket. (Signed by Judge Nelson Stephen Roman on 9/28/2021) (ate) Transmission to Docket Assistant Clerk for processing.
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