Sanchez v. City of New York et al
| Elvis Sanchez |
| City of New York, John Doe, Whitaker, John Doe #1, John Doe #2, John Doe #3, Stanley, Medical Pysch Staff, White, Monroe, Intake Security and Tony Durante |
| 1:2018cv01259 |
| February 12, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
199
MEMO ENDORSEMENT granting 198 Motion re: 198 MOTION We ask that the Court either "so order" the notice of completion of representation (docket no. 180) or issue a written order relieving us as counsel as of the date of the completion of the trial nunc pro tunc and, in either case. ENDORSEMENT SO ORDERED.. (Signed by Judge John P. Cronan on 11/7/2023) (jca)
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Filing
190
ORDER: Rule 54(d) of the Federal Rules of Civil Procedure provides that "[t]he clerk may tax costs on 14 days' notice." Local Rule 54.1(b) instructs pro se plaintiffs to object to the Clerk in writing or electronic case filing &quo t;prior to the date and time scheduled for taxation," i.e., prior to the conclusion of the fourteen days. Plaintiff should thus submit any objections to the Clerk by that date. Defendants are ORDERED to locate the pro se Plaintiff and to serv e their papers of November 22, 2021, along with a copy of this Order, on him by December 3, 2021. An affidavit of service shall be filed on the docket within two business days of service. In the event that the Clerk decides to award costs against the Plaintiff, Defendants shall serve that decision within two business days of its issuance, and an affidavit of service shall be filed on the docket within two days of service. The fourteen- and seven-day time periods required by Rule 54 will not begin to run until service is successful. (Signed by Judge John P. Cronan on 11/29/2021) (jca)
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Filing
179
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable John P. Cronan, United States District Judge, the jury having returned a verdict in favor of Defendants, Captain White, Captain Monroe and Correction Officer Daif, and the Complaint is hereby dismissed. SO ORDERED. (Signed by Judge John P. Cronan on 10/21/2021) (jca)
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Filing
171
ORDER: WHERFORE, Mr. Sanchez requires one set of court clothes for trial, to be furnished by his attorney. IT IS THEREFORE ORDERED that Mr. Sanchez be permitted to receive up to one set of suitable trial clothes at Sing Sing Correctional Facility during the week of October 18, 2021 and to maintain such clothes during the full pendency of the trial. SO ORDERED. (Signed by Judge John P. Cronan on 10/18/2021) (mml)
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Filing
160
ORDER: Counsel for all parties are ordered to appear before the undersigned for a brief status conference on Thursday, September 30, 2021 at 10:00 a.m. The Court will conduct the conference by teleconference. At the scheduled time, counsel for al l parties should call (866) 434-5269, access code 9176261. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. SO ORDERED. (Telephone Conference set for 9/30/2021 at 10:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 9/29/2021) (jca)
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Filing
147
ORDER: The Clerk of Court is respectfully directed to amend the case caption to read as follows: Elvis Sanchez v. Captain White, Captain Monroe, Intake Security, and Corrections Officer Daif. SO ORDERED. (Signed by Judge John P. Cronan on 9/08/2021) (ama)
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Filing
143
ORDER: The parties should be ready for trial to begin in this case on October 18, 2021. Counsel for all parties are hereby directed to appear before the undersigned for a status conference on August 31, 2021 at 11:00 a.m. At the scheduled time, co unsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. (Ready for Trial by 10/18/2021., Telephone Conference set for 8/31/2021 at 11:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 8/27/2021) (jca)
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Filing
140
ORDER granting 138 Motion re: 138 MOTION For greater telephone access to Mr. Sanchez. In light of the trial ready date of October 18, 2021, the recent appearance of pro bono counsel for plaintiff Elvis Sanchez, the distance between the place of Mr. Sanchezs incarceration and his counsel's office, and limitations on travel due to the spread of the COVID virus, it is hereby ORDERED that counsel for Mr. Sanchez shall have telephonic access to Mr. Sanchez for not less than one hour a week from now until the time that Mr. Sanchez is transported to the Southern District of New York for trial.. (Signed by Judge John P. Cronan on 8/13/2021) (jca)
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Filing
139
ORDER: The Court has set a trial-ready date in this case of October 18, 2021. The parties shall submit a Joint Proposed Pretrial Order, as described in Rule 7.B of the Courts Individual Rules and Practices in Civil Cases, on September 20, 2021. On that date, the parties shall also submit all pretrial filings specified in Rule 7.B of the Courts Individual Rules and file any motions in limine. Oppositions to any motions in limine shall be filed by September 27, 2021. The Court will hold a Final Pretrial Conference on October 13, 2021, at 2:00 p.m. in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY. SO ORDERED. (Motions due by 9/20/2021., Proposed Pretrial Order due by 9/20/2021., Responses due by 9/27/2021, Final Pretrial Conference set for 10/13/2021 at 02:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 8/9/2021) (jca)
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Filing
132
ORDER: Accordingly, both parties should be ready to proceed with trial on October 18, 2021. The Court will advise the parties of a specific date and time for the commencement of trial in due course. The parties also are directed to Rule 7 of the C ourt's Individual Rules and Practices for Pro Se Litigants, available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Assuming pro bono counsel does not appear to represent Plaintiff, Plaintiff shall file a Pretrial Statement with the Pro Se Intake Unit by August 30, 2021. That statement shall contain (1) a statement of the facts Plaintiff hopes to prove at trial; (2) a list of all documents or other physical objects that Plaintiff plans to put into evidence at trial; and (3) a lis t of the names and addresses of all witnesses Plaintiff intends to have testify at trial. Defendants shall file and serve on Plaintiff a similar Statement of their case, as well as the pretrial filings set forth in Rule 7.B of the Court's Indivi dual Rules and Practices for Pro Se Litigants by September 13, 2021. Defendants shall file and serve on Plaintiff any motions in limine, such as any requests to exclude testimony, by September 13, 2021 as well. Plaintiff's motions in limine, if any, and opposition to any of Defendants' motions in limine are due September 27, 2021. Defendants' opposition to any of Plaintiff's motions in limine is due October 4, 2021. In the event that pro bono counsel appears to represent Pla intiff, the Court will issue a new order with deadlines for pretrial submissions. The Clerk of Court is respectfully directed to mail a copy of this Order, as well as a copy of the Court's Individual Rules and Practices for Pro Se Litigants, ava ilable at https://www.nysd.uscourts.gov/hon-john-p-cronan, to the pro se Plaintiff., (Motions due by 9/27/2021., Responses due by 10/4/2021) (Signed by Judge John P. Cronan on 3/31/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing
131
OPINION AND ORDER GRANTING PRO BONO COUNSEL: For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent Plaintiff. The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. Nevertheless, this litigation will progress at a normal pace. If an attorney volunteers, the attorney will contact Plaintiff directly. There is no guarantee, however, that a volunteer attorneywill decide to take the case, and plaintiff should be prepared to proceed with the case pro se. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge John P. Cronan on 11/30/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
129
ORDER RELATED TO APPOINTMENT OF PRO BONO COUNSEL. The Court notes that The Honorable Paul G. Gardephe, U.S. District Court Judge, ordered Plaintiff to file a letter by July 15, 2020, stating whether Plaintiff requests that the Court seek pro bono cou nsel to represent him at trial (Dkt. 127). To date, the Court has not received a letter responding to the Order. If Plaintiff wants the Court to attempt to locate pro bono counsel to represent him, the Court requests that he inform it as soon as poss ible, but by no later than November 15, 2020. If Plaintiff does not want a volunteer attorney to represent him, the Court requests that he so inform the Court immediately, so that the case can move forward and the Court can set a trial date. The Cour t advises Plaintiff, however, that there are no funds to retain counsel in civil cases and the Court relies on volunteers. There is no guarantee that a volunteer attorney will decide to take the case, and Plaintiff should be prepared to proceed with the case pro se, even if he requests that the Court attempt to locate pro bono counsel for him. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge John P. Cronan on 10/13/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing
127
ORDER: This Court is in receipt of Defendants' June 22, 2020 status letter, which states that Plaintiff "has no interest in settlement." Plaintiff is directed to file a letter by July 15, 2020, stating whether he requests that this Cou rt seek pro bono counsel to represent him at trial. Plaintiff should be aware that there is no guarantee that a lawyer can be found who is willing to represent Plaintiff for free, and finding such a lawyer may take a significant amount of time. SO ORDERED. Copies mailed by Chambers. (Signed by Judge Paul G. Gardephe on 6/23/2020) (ama)
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Filing
125
ORDER: Plaintiff Elvis Sanchez, proceeding pro se, brings this action under 42 U.S.C. § 1983. By Order dated May 1, 2020, the Honorable Paul G. Gardephe adopted this Court's Report and Recommendation regarding Defendants' motion fo r summary judgment. See ECF No. 123. In light of Judge Gardephe's Order authorizing certain claims to proceed to trial, the parties are ordered to meet and confer to discuss whether a settlement conference by telephone would be productive at this time. Defense counsel shall file a letter by June 22, 2020, notifying the Court of the results of the meet and confer. In addition, by July 1, 2020, defense counsel shall notify Judge Gardephe that the case is ready to proceed to trial and seek his guidance on pre-trial filings in light of the current public health situation. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/1/2020) Copies Mailed By Chambers. (jca)
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Filing
123
ORDER for 120 REPORT AND RECOMMENDATION re: 99 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56, filed by Captain Najah, C.O Litwenak, Tommy Michael, Ronan David Trojnowski, Keely, White, Olaniyan, Cesar Thomas, C.O Taveras, C.O Woods , Augustin Gomez, Monroe, Pierre Provilon, C.O. Daif, Ayodele Green, Beatriz Nunez, C.O. Wolak. For the reasons stated herein, Judge Netburn's R&R is adopted in its entirety. Defendants' motion for summary judgment (Dkt. No. 99) is grant ed in part and denied in part as set forth above. Defendants' motion for summary judgment is granted as to Plaintiff's claims related to the October 27, 2014, November 6, 2014, and January 16, 2015 incidents, and as to Plaintiff's c laims for deliberate indifference to medical needs. As to Plaintiff's claim for deliberate indifference to a serious risk of inmate assault on February 25, 2015, Defendants' motion for summary judgment is granted as to Defendant Olaniy an but denied as to Defendants White, Monroe, and Daif. The Clerk of Court is directed to terminate Defendants Najah, Keely, Woods, Litwenak, Wolak, Taveras, Provilon, Michael, Trojanowski, Green, Thomas, Nunez, Gomez, and Olaniyan, and to terminat e the motion (Dkt. No. 99). Copies mailed by Chambers. SO ORDERED. C.O Woods (Shield No. 420), Augustin Gomez, Augustin Gomez, Ayodele Green, Keely (Shield No. 8903), Tommy Michael, Captain Najah (Shield No. 660), Beatriz Nunez, Olaniyan (Shie ld No. 767), Pierre Provilon, Cesar Thomas, Ronan David Trojnowski, C.O. Wolak (Shield No. 9947), C.O Litwenak (former Shield No. 13940) and C.O Taveras terminated. (Signed by Judge Paul G. Gardephe on 5/1/2020) Copies Mailed By Chambers. (jca)
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Filing
122
ORDER: Accordingly, it is hereby ORDERED that Plaintiff will have until March 10, 2020 to file any objections to the Report and Recommendation. The Clerk of Court is further instructed to send a copy of this order by certified mail to pro se Plainti ff Elvis Sanchez, DIN 18-A-3600, Clinton Correctional Facility, P.O. Box 2000, Dannemora, New York 12929., Objections to R&R due by 3/10/2020 (Signed by Judge Paul G. Gardephe on 2/25/2020) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
76
ORDER: The Court adopts Judge Netburn's R&R with respect to Plaintiffs claims against the City, Stanley, and Whitaker, and Defendants' motion to dismiss is granted as to these Defendants. Plaintiffs claims against Defendant Durante - for th e reasons stated above - are likewise dismissed. The Clerk of Court is directed to terminate the motion (Dkt. No. 23). Any motion for leave to file an Amended Complaint will be submitted by April 26, 2019. The proposed Amended Complaint is to be atta ched as an exhibit to the motion. The Clerk of Court is instructed to send a copy of this order by ce1tified mail to prose Plaintiff Elvis Sanchez, DIN# 18A3600, Clinton Correctional Facility, P.O. Box 2000, Dannemora, NY 12929. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/28/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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