Turner v. Westchester County et al
| Wilbert Kitson Andrew Turner |
| Correct Care Solutions, Raul Ulloa, Joon Park, Boguslawa Uszynski, N.P. Aracheril, Randazzo, John and Jane Does 1-20, Daiz and Karl Vollmer |
| 1:2018cv03370 |
| April 16, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Vincent L. Briccetti |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
120
ORDER OF DISMISSAL: Accordingly, this action is hereby DISMISSED pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure. Defendants must serve a copy of this Order upon Plaintiff's daughter at her email address, and must file proof of such service with the Court. The Clerk of the Court is respectfully directed to serve a copy of this Order upon the pro se Plaintiff at his address of record on the docket. The Clerk of the Court is further respectfully directed to terminate all motions and close this case. (Signed by Magistrate Judge Andrew E. Krause on 1/25/2022) (tg) Transmission to Docket Assistant Clerk for processing.
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Filing
115
ORDER: By no later than September 24, 2021, Defendants are hereby ordered to serve both the "Suggestion of Death Upon the Record Pursuant to Rule 25(a)(1)" and a copy of this Order upon the pro se Plaintiff at the address specified bel ow (which will be the new address of record on the docket in this matter), and upon Plaintiff's daughter, Nickesha Turner, via email at nickeyturner07@gmail.com, the email address used by the parties for service of various documents on Ms. Turner in the Gjelaj matter. See 18-cv-1973, ECF Nos. 130, 131, 136, 138, 139. Defendants are further ordered to file proof of service on the docket. Assuming service is made by September 24, 2021 and proof of service is filed on the docket, the deadline for an authorized representative of plaintiff to move to substitute the proper party is December 27, 2021. If no motion to substitute the proper party is filed on or before December 27, 2021, Defendants are hereby directed to submit a letter motion to the Court seeking dismissal of this matter pursuant to Rule 25(a). The letter motion must be filed no later than January 10, 2022. On December 21, 2020, Plaintiff submitted a change of address notification in the Gjelaj case, asking that correspondence as of December 23, 2020 be addressed to him at 149-60 256th Street, Rosedale, NY 11422. See 18-cv-1973, ECF No. 103. The Clerk of the Court is respectfully directed to update the address for Mr. Turner on the docket in this case to this same address. SO ORDERED. ( As further set forth in this Order.) ( Motions due by 1/10/2022.) (Signed by Magistrate Judge Andrew E. Krause on 9/20/2021) (vfr)
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Filing
112
ORDER with respect to 94 Motion for Summary Judgment. In an abundance of caution, to ensure that Plaintiff has received adequate notice of the potential consequences of his failure to respond to Defendants' motion for summary judgment, the C ourt hereby attaches to this order a copy of the "Notice To Pro Se Litigant Who Opposes a Motion for Summary Judgment" required by Local Civil Rule 56.2, including copies of both Rule 56 of the Federal Rules of Civil Procedure and Local Civ il Rule 56.1. Plaintiff is hereby given one final opportunity to file an opposition to Defendants' motion for summary judgment. Plaintiff must serve and file his opposition papers by no later than October 12, 2021. Defendants must serve and file their reply papers, if any, by no later than October 26, 2021. If Plaintiff fails to serve and file his opposition papers by October 12, 2021, the Court will consider Defendants' motion for summary judgment unopposed, which could lead to the di smissal of Plaintiffs' claims without a trial. The Clerk of the Court is directed to mail a copy of this order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 9/10/2021) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
110
ORDER: In accordance with the schedule set by the Court, Defendants filed their motion for summary judgment on August 24, 2020, ECF No. 94, and served it on Plaintiff on August 25, 2020, ECF No. 101. Thereafter, an amended declaration from one of De fendants' attorneys was filed and served on Plaintiff on August 28, 2020. ECF Nos. 102-103. Due to docketing errors, Defendants had to re-file all of their motion papers, see ECF Nos. 104-108, and these papers were once again served on Plaintiff on September 25, 2020, ECF No. 109. Under the original motion schedule, Plaintiff was to serve and file his opposition papers by September 28, 2020, and Defendants were to serve and file their reply papers by October 14, 2020. See Docket Sheet, Minu te Entry for 06/24/2020. To date, Plaintiff has neither served and filed his opposition papers nor requested additional time in which to do so. Nonetheless, given the arguable confusion from the multiple filings of Defendants' papers, the Court hereby adjusts the motion schedule. Plaintiff shall serve and file his opposition papers by no later than November 23, 2020, and Defendants shall serve and file their reply papers by no later than December 7, 2020. (Responses due by 11/23/2020, Replies due by 12/7/2020.) (Signed by Magistrate Judge Andrew E. Krause on 10/26/2020) (nb)
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Filing
85
ORDER: The telephonic status conference currently scheduled for Monday, April 13, 2020, at 10:30 a.m., before the undersigned will be adjourned to Monday, May 11, 2020, at 10:30 a.m. In addition, there will be a thirty (30) day extension to all outstanding discovery deadlines. ( Telephone Conference set for 5/11/2020 at 10:30 AM before Magistrate Judge Lisa Margaret Smith.) (Signed by Magistrate Judge Lisa Margaret Smith on 4/2/2020) Copies Sent by Chambers (cf) Modified on 4/3/2020 (cf).
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Filing
47
OPINION AND ORDER re: 34 MOTION to Dismiss filed by Karl Vollmer, Raul Ulloa, N.P. Aracheril, Correct Care Solutions, Boguslawa Uszynski, Randazzo, Joon Park. The motion to dismiss is GRANTED IN PART and DENIED IN PART. Plain tiff's Fourteenth Amendment claims against Dr. Ulloa, Dr. Park, Nurse Practitioner Uszynski, and Nurse Practitioner Arancherill arising from plaintiff's (i) Prevacid prescriptions, (ii) delayed treatment for hematuria, and (iii) delayed re moval of his Foley catheter, shall proceed. All other claims are dismissed. By March 25, 2019, the remaining defendants shall file an answer to the amended complaint. The Clerk is instructed to (i) terminate the motion (Doc. #34), and (ii) terminat e defendants Correct Care Solutions, Sergeant Randazzo, Warden Diaz, and Warden Vollmer. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis st atus is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). SO ORDERED. Randazzo, Karl Vollmer, Correct Care Solutions and Daiz terminated. Raul Ulloa answer due 3/25/2019; John and Jane Does 1-20 answer due 3/25/2019; Joon Park answer due 3/25/2019; N.P. Aracheril answer due 3/25/2019; Boguslawa Uszynski answer due 3/25/2019. (Signed by Judge Vincent L. Briccetti on 3/11/2019) Copies Mailed By Chambers. (mml)
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