Moore v. NYC Health Hospital et al
| Daniel Moore |
| NYC Health Hospital, John Doe, Jane Doe and DOC |
| 1:2018cv00496 |
| January 18, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
112
ORDER OF DISMISSAL: The Court having been advised at ECF No. 111 that all claims asserted herein have been settled, and payment remitted to Plaintiff, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within 15 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 10/5/2023) (tg)
|
|
Filing
108
ORDER: As discussed at the July 20, 2023 Case Management Conference, the parties have reached a settlement in principle. By Thursday, July 27, 2023, Defendants shall mail Plaintiff the paperwork necessary to formalize the settlement agreeme nt. Defendants shall file the following status updates with the Court: (i) a status update on Wednesday, August 2, 2023 confirming that the relevant paperwork has been sent to Plaintiff; (ii)a status update within one week of receiving the signed paperwork from Plaintiff; (iii) a status update within one week of payment being made to Plaintiff. Plaintiff is reminded to alert the Court in the event his address changes in order to ensure that he receives the paperwork and check from Defendants. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/21/2023) (vfr)
|
|
Filing
106
ORDER ADOPTING REPORT AND RECOMMENDATION for 97 Report and Recommendations. For the foregoing reasons, Plaintiff Daniel Moore's objections (ECF No. 98) to the Report and Recommendation of Magistrate Judge Parker (ECF No. 97) are overr uled, and Judge Parker's Report is adopted. The Court also concludes that there was no error in Judge Parker opinion and order setting aside the certificate of default (ECF No. 96). Accordingly, Plaintiff's motion for default judgment against Defendant Jones (ECF No. 85) is denied. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. (Signed by Judge J. Paul Oetken on 6/26/2023) (ate)
|
|
Filing
100
ORDER: As discussed at the March 28, 2023 Case Management Conference:The deadline for all discovery is Monday, July 31, 2023. The parties shall file a joint status letter updating the Court on the status of discovery on Friday, April 28, 2023. The le tter shall state whether the parties would like the Court to schedule a settlement conference. Additionally, the Court notes that the docket lists two addresses for Plaintiff. Plaintiff's correct address is: Daniel Moore, 19-A-0114, Green Haven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-0010. The Court notes that the copy of the Report and Recommendation at ECF No. 97 was initially inadvertently sent to the incorrect address at Sing Sing Correctional Facility, and Plaintiff di d not receive the mailing until March 21, 2023. The Clerk of the Court is respectfully directed to update the docket to remove the Sing Sing address, and to ensure that the only address listed for Plaintiff is the Green Haven address. The Clerk of the Court is respectfully directed to mail a copy of this order to Plaintiff at the Green Haven address. SO ORDERED., ( Discovery due by 7/31/2023.) (Signed by Magistrate Judge Katharine H. Parker on 3/28/2023) (ama)
|
|
Filing
96
OPINION AND ORDER ON MOTION TO VACATE CERTIFICATE OF DEFAULT re: 92 MOTION to Vacate Certificate of Default filed by C. O. Jones. For the above reasons, Defendant's motion to vacate the Certificate of Default is granted . The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 92, and to vacate the Certificate of Default at ECF No. 83. The Clerk of the Court is also requested to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/7/2023) (vfr)
|
|
Filing
84
ORDER, The Court extends the deadline for Plaintiff to file a letter motion requesting default judgment to Thursday, November 17, 2022. The Clerk of the Court is respectfully directed to update Plaintiff's address on the docket to: Daniel Moo re, DIN # 19A0114, Green Haven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-0010. The Clerk of the Court is respectfully directed to mail copies of this order to: The pro se incarcerated Plaintiff at: Daniel Moore, DIN # 19A0114, GreenHaven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-0010; and CO Jones at 277 W. 19th Street, Deer Park, New York 11729. SO ORDERED. ( Motions due by 11/17/2022.) (Signed by Magistrate Judge Katharine H. Parker on 8/17/22) (yv)
|
|
Filing
82
ORDER: A case management conference was scheduled for January 31, 2022 at 12:00 p.m. According to the jail where Plaintiff is currently residing, they did not have the conference on the schedule. Accordingly, the Court does not hold Plaintiff responsible for the non-appearance. The purpose of the conference was to discuss a time frame for Plaintiff to file a request for a default judgment. Plaintiff filed his complaint on January 18, 2018, and Defendant Jones has failed to plead or otherwise answer in this case. The docket shows that on March 23, 2021, Defendant Jones was served the summons and complaint by the U.S. Marshalls at his residence. (ECF No. 68.) The City of New York Law Department made numerous attempts to conta ct Defendant Jones by letter, phone number, or email, without success. (ECF Nos. 75, 78.) The City of New York Law Department does not represent Defendant Correction Officer Jones. At the last case management conference on September 16, 2021, Pl aintiff requested permission to move for default against Defendant Correction Officer Jones. Insofar as it is clear Jones has not appeared to defend, I respectfully request that the Clerk of Court issue a Certificate of Default against Defendant Jones. To the extent that Plaintiff wants the Court to issue a default judgment, he shall file a letter motion to the Court requesting a default judgment based on the allegations in the Complaint. Additionally, for any damages to be awarded, Pla intiff must include proof of damages with his request. Such proof could include medical records related to pain and suffering for the period that Plaintiff went without a shoe lift and/or the period of time for which Plaintiff was prescribed a can e. Plaintiff shall file this motion by April 1, 2022. The Clerk of Court is directed to mail a copy of this Order to CO Jones at 277 W. 19th Street, Deer Park, New York 11729. The Clerk of the Court is directed to mail a copy of this order to the plaintiff. SO ORDERED. ( Motions due by 4/1/2022.) (Signed by Magistrate Judge Katharine H. Parker on 1/31/2022) (vfr) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
|
|
Filing
79
ORDER SCHEDULING DISCOVERY CONFERENCE: A telephonic Discovery conference in this matter is hereby scheduled for Monday, January 31, 2022 at 12:00 p.m. It is hereby ORDERED that the Warden or other official in charge of the Sing Sing Correction al Facility produce plaintiff Daniel Moore., DIN #19-A-0114, on January 31, 2022, no later than 12:00 p.m., to a suitable location within the Sing Sing Correctional Facility that is equipped with a telephone, for the purpose of participating by te lephone in a conference with the Court and defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling (212) 805-0234. Defendants' counse l must: (1) send this Order to the Warden immediately; (2) contact the Bare Hill Correctional Facility to arrange the call and determine the telephone number at which the plaintiff will be reachable at the above time and date; (3) call into Judge Parker's AT&T teleconference line (866) 434-5269, Access Code: 4858267, with the plaintiff on the line, at the time and date of the conference. The Clerk of Court is requested to mail a copy of this order to the plaintiff. SO ORDERED. ( Telephone Conference set for 1/31/2022 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/2/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
73
ORDER: A telephonic Case Management Conference was held on June 30, 2021 at 11:30 a.m. whereby the court ordered that Defense Counsel (1) mail Judge Oetken's decision regarding Defendant's Motion to Dismiss (ECF No. 60.) to Plaintiff a nd file an affidavit of order of service, and (2) provide an update to the court no later than July 14, 2021 about your additional efforts to contact Corrections Officer Jones now that he has been served by the Marshalls. Counsel has not compli ed with the Court's orders. Counsel is required to respond by Tuesday, August 10, 2021 or be subject to sanctions. The Clerk of Court is requested to mail a copy of this order to the plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/10/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
72
ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE: The telephonic Case Management conference in this matter currently scheduled for August 5, 2021 at 3:00 p.m. is hereby adjourned to Thursday, September 16, 2021 at 11:00 a.m. It is hereby ORDERED that the Warden or other official in charge of the Five Points Correctional Facility produce plaintiff Daniel Moore., DIN #19-A-0114, on September 16, 2021, no later than 11:00 a.m., to a suitable location within the Five Points Correctional Facility t hat is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should pro mptly inform chambers by calling (212) 805-0234. Defendants' counsel must: (1) send this Order to the Warden immediately; (2) contact the Bare Hill Correctional Facility to arrange the call and determine the telephone number at which the pla intiff will be reachable at the above time and date; (3) call into Judge Parker's AT&T teleconference line (866) 434-5269, Access Code: 4858267, with the plaintiff on the line, at the time and date of the conference.The Clerk of Court is reque sted to mail a copy of this order to the plaintiff. So Ordered. (Telephone Conference set for 9/16/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/4/2021) (js) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
71
ORDER SCHEDULING CASE MANAGEMENT CONFERENCE: A telephonic Case Management Conference in this matter is hereby scheduled for Thursday, August 5, 2021 at 3:00 p.m. It is hereby ORDERED that the Warden or other official in charge of the Five Points Correctional Facility produce plaintiff Daniel Moore., DIN #19-A-0114, on August 5, 2021, no later than 3:00 p.m., to a suitable location within the Five Points Correctional Facility that is equipped with a telephone, for the purpose of participa ting by telephone in a conference with the Court and defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling (212) 805-0234. Defendants 9; counsel must: (1) send this Order to the Warden immediately; (2) contact the Five Points Correctional Facility to arrange the call and determine the telephone number at which the plaintiff will be reachable at the above time and date; (3) tele phone Judge Parker's teleconference line at (866) 434-5269, Access code: 4858267, with the plaintiff on the line, at the time and date of the conference. The Clerk of Court is requested to mail a copy of this order to the plaintiff. SO ORDERED. ( Telephone Conference set for 8/5/2021 at 03:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/1/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
66
ORDER OF SERVICE: The Clerk of Court is instructed to complete the USM-285 forms with the address for C.O. Jones and deliver all documents necessary to effect service to the U.S. Marshals Service. SO ORDERED. USM-285 Form due by 11/23/2020. Request for Issuance of Summons due by 11/23/2020. (Signed by Judge J. Paul Oetken on 10/21/2020) (ama) Transmission to Pro Se Assistants for processing.
|
|
Filing
60
OPINION AND ORDER: re: 54 MOTION to Dismiss the Sixth Amended Complaint. filed by NYC Health & Hospital, Ayanna Robertson, City of New York. For the foregoing reasons, Defendants motion to dismiss is GRANTED in part and DENIED in part. The sole surviving claim is Moores allegation that CO Jones was deliberately indifferent to his leg-related pain; all other claims are dismissed. Because CO Jones has not appeared in this case, counsel for the City are directed to inform the Court within 30 days whether they intend to represent CO Jones. The Clerk of Court is directed to close the motion at Docket Number 54. So Ordered. (Signed by Judge J. Paul Oetken on 8/6/2020) Copies Mailed By Chambers. (js)
|
|
Filing
59
ORDER: Accordingly, Plaintiff shall file his opposition to Defendant's motion to dismiss on or before April 6, 2020, or the motion may be considered unopposed. SO ORDERED. Set Deadlines/Hearing as to 54 MOTION to Dismiss the Sixth Amended Complaint (Responses due by 4/6/2020) (Signed by Judge J. Paul Oetken on 3/6/2020) Copies Mailed By Chambers. (rro)
|
|
Filing
48
OPINION AND ORDER: re: 39 MOTION to Dismiss the Fifth Amended Complaint. filed by NYC Health & Hospital, City of New York. For the foregoing reasons, the City's motion to dismiss is GRANTED. Moore is directed to file an ame nded complaint by July 26, 2019. If Moore fails to do so within the time allotted, and cannot show good cause to excuse such failure, this case will be closed. The Clerk of Court is directed to close the motion at Docket Number 39. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/26/2019) Copies Mailed By Chambers. (js) Transmission to Orders and Judgments Clerk for processing.
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
