K.A. v. The City Of New York , et al
| K.A. |
| The City Of New York, New York City Health And Hospitals Corporation, Physician Affiliate Group of New York, P.C., Anastasia Blackmon and "Jane" Vessel |
| 1:2018cv03858 |
| April 30, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Andrew L. Carter |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
161
AMENDED SETTLEMENT CONFERENCE SCHEDULING ORDER granting 160 Letter Motion to Adjourn Conference. The parties' request at ECF No. 160 is GRANTED, and the settlement conference scheduled for November 20, 2023 is ADJOURNED to Fri day, January 12, 2024 at 10:00 am and will take place in person, in Courtroom 18A, 500 Pearl Street, New York, New York. The Court's Standing Order Applicable to Settlement Conferences Before Magistrate Judge Cave (ECF No. 156 at 57 ) remains in effect. The submissions required by paragraph 4 of the Standing Order shall be emailed to Chambers (cave_nysdchambers@nysd.uscourts.gov) and opposing counsel by January 8, 2024. The parties are reminded to include the Attendance Acknowledgement form annexed to the Standing Order (id. at 8). The Clerk of Court is respectfully directed to close ECF No. 160. Settlement Conference set for 1/12/2024 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L. Cave. (Signed by Magistrate Judge Sarah L. Cave on 11/13/2023) (tro)
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Filing
154
ORDER: The parties shall promptly meet and confer and, by October 17, 2023, file a joint letter, no longer than three (3) pages, advising whether they would like the Court to conduct a settlement conference or, if not, proposing a schedule for the completion of class and Monell discovery. To the extent the parties are unable to agree on a proposed schedule, they may set forth their competing proposals without argument. (Signed by Magistrate Judge Sarah L Cave on 10/3/2023) (ate)
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Filing
153
OPINION & ORDER re: 127 MOTION for Summary Judgment . filed by Anastasia Blackmon, The City Of New York,, "Jane" Vessel, Physician Affiliate Group of New York, P.C., New York City Health And Hospitals Corporation. For the foregoing reasons, the Court GRANTS Defendants' summary judgment motion, ECF No. 127, on D.S.'s Eighth Amendment claims: D.S.'s claim for inappropriate touching of her breasts must be dismissed under the objective prong, and he r claim for developing polyps as a result of not receiving gynecological care must be dismissed under the subjective prong. The Court GRANTS summary judgment for Defendants on K.A.'s Eighth Amendment claim under the objective prong. The Cour t DENIES the motion with respect to Plaintiffs' First Amendment claims, and the Monell claim. The Court DENIES Defendants' motion to dismiss Dr. Vessell and Warden Blackmon from this action. The Court GRANTS summary judgment for Defendants on K.A.'s Eighth Amendment claim. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/29/23) (yv) Modified on 10/2/2023 (lb).
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Filing
135
ORDER granting 134 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/12/2022) (vfr)
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Filing
126
ORDER granting 125 Letter Motion to Seal. Application GRANTED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/18/2022) (tg)
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Filing
116
ORDER granting 115 Letter Motion to Adjourn Conference. Defendants' request (ECF No. 115) to adjourn the telephone conference scheduled for December 17, 2021 is GRANTED, and the telephone conference is RE-SCHEDULED to Monday, January 3, 2 022 at 10:00 am (the "January 3 Conference"). The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. If the parties resolve their discovery issues without the need for further Court intervention, t hey shall file a letter requesting to cancel the January 3 Conference. Their letter shall also include a proposed summary judgment briefing schedule. The Clerk of Court is respectfully directed to close ECF No. 115. SO ORDERED. Telephone Conference set for 1/3/2022 at 10:00 AM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 12/16/2021) (vfr)
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Filing
114
ORDER, Pursuant to the discovery conference held today, December 3, 2021, the Court orders as follows: By December 16, 2021, Defendants may serve requests for admission limited to (i) Plaintiff D.S.'s medical treatment following her discharg e from the Department of Corrections' ("DOC") custody and (ii) whether D.S. submitted to DOC the handwritten complaints that she produced after her deposition in this matter. Defendants' request to re-open D.S.s deposition rema ins HELD IN ABEYANCE; A telephone conference is scheduled for Friday, December 17, 2021 at 10:00 am on the Court's conference line (the "December 17 Conference"). The parties are directed to call: (866) 390-1828; access code: 380-9 799, at the scheduled time; The summary judgment briefing schedule remains ADJOURNED sine die, and will be re-scheduled at the December 17 Conference; and If the parties resolve their discovery issues without the need for further Court interventio n, they shall file a letter by December 14, 2021 requesting to cancel the December 17 Conference. Their letter shall also include a proposed summary judgment briefing schedule. SO ORDERED. ( Telephone Conference set for 12/17/2021 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 12/3/21) (yv)
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Filing
111
ORDER: Pursuant to the discovery conference held today, November 16, 2021, the Court orders as follows: Plaintiffs shall promptly serve an interrogatory regarding a search, by Book and Case number, of the Department of Corrections' ( "DOC") electronic log of Plaintiffs' visits to all DOC clinics during the period of their detention ( the "Interrogatory"); Defendants shall respond to the Interrogatory within seven days of service; A telephone conference is scheduled for Friday, December 3, 2021 at 3:30 pm on the Court's conference line (the "December 3 Conference"). The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time; and The summary judgment briefing schedule remains ADJOURNED sine die, and Defendants' request to re-open Plaintiff D.S.'s deposition is HELD IN ABEYANCE. The Court will address these issues at the December 3 Conference. SO ORDERED., ( Telephone Conference set for 12/3/2021 at 03:30 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 11/16/2021) (ama)
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Filing
83
ORDER. The Court orders as follows: The settlement conference currently scheduled for July 14, 2020 at 10:00 am is ADJOURNED sine die, pending the new discovery schedule. The parties are directed to meet and confer regarding the discovery timeline. By Friday, July 17, 2020, the parties shall submit a joint proposed schedule for the remainder of discovery, which should include a proposed alternative settlement conference date. To the extent the parties disagree about any portion of the disc overy schedule, they may set forth their respective proposals for the disputed provision, without argument. The Clerk of Court is respectfully directed to terminate the settlement conference. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/6/20) (yv)
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Filing
79
ORDER: granting 77 Letter Motion to Adjourn Conference. The Court is in receipt of the request from Plaintiffs to adjourn the June 4, 2020 conference and appear telephonically on a rescheduled date. ECF No. 77. Plaintiffs' request is GRANTED. The conference is hereby rescheduled to June 19, 2020 at 12:00pm. The Parties will appear by telephone (Phone No. (888) 363-4749 - access code: 3768660). SO ORDERED. Telephone Conference set for 6/19/2020 at 12:00 PM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 6/02/2020) (ama)
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Filing
72
ORDER re: 69 SUPPLEMENTAL LETTER MOTION to Stay re: 60 LETTER MOTION for Conference premotion RE defendants' anticipated Rule 56 motion addressed to Judge Andrew L. Carter, Jr. from Martin Bowe dated March 6, 2020. < /i> addressed to Jud filed by Anastasia Blackmon, The City Of New York,, "Jane" Vessel, Physician Affiliate Group of New York, P.C., New York City Health And Hospitals Corporation. The Court is in receipt of Defendants' pre-motion conference letter dated March 25, 2020. ECF No. 69. Plaintiffs are hereby ORDERED to respond to said letter on or before April 2, 2020. SO ORDERED., Responses due by 4/2/2020 (Signed by Judge Andrew L. Carter, Jr on 3/31/2020) (rj)
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Filing
68
DISCOVERY ORDER. Pursuant to the discovery conference held today, March 24, 2020, the Court GRANTS Defendants' request for a preliminary stay of discovery pending Judge Carter's ruling on Defendants' request for a Summary Judgment briefing schedule. (ECF No. 60). After Judge Carter rules on Defendants' request, the Court will revisit the other requests contained in the Letter Motions at ECF Nos. 59 and 61. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/24/20) (yv)
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Filing
62
ORDER SCHEDULING TELEPHONE DISCOVERY CONFERENCE granting 59 Letter Motion for Discovery; granting 61 Letter Motion for Conference. The Court is in receipt of Defendants' Letter Motions requesting discovery conferences in connection with the anticipated motions to quash (ECF No. 59), and for bifurcation (ECF No. 61). The requests for conferences are GRANTED. The parties are directed to jointly call Chambers at 212-805-0214 on Tuesday, March 24, 2020 at 11:00 am. The parties shall b e prepared to discuss both motions at this time. Further, the telephone conference currently scheduled for Tuesday, June 23, 2020 at 10:00 am is ADJOURNED until Tuesday, June 30, 2020 at 10:00 am. The parties are directed to jointly call Chambers at the scheduled time. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 59 and 61. (Telephone Conference set for 3/24/2020 at 11:00 AM before Magistrate Judge Sarah L Cave. Telephone Conference set for 6/30/2020 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 3/10/2020) (ne)
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Filing
55
ORDER SCHEDULING TELEPHONE DISCOVERY CONFERENCE: An Initial Conference in this matter was held today, January 14, 2020. To further discuss the discovery schedule, a telephone conference is scheduled for Friday, January 17, 2020 at 11:00 am, after whi ch a discovery scheduling order will be issued. The parties are directed to jointly call Chambers at (212) 805-0214 at the scheduled time. (Telephone Conference set for 1/17/2020 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/14/2020) (jwh)
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Filing
44
OPINION AND ORDER re: 37 MOTION to Dismiss Amended Class Action Complaint. filed by Anastasia Blackmon, The City Of New York,, "Jane" Vessel, Physician Affiliate Group of New York, P.C., New York City Health And Hospit als Corporation. Accordingly, Defendant's motion to dismiss Plaintiffs' Second Claim for relief is granted. For the foregoing reasons, Defendant's Motion to dismiss is DENIED in part and GRANTED in part. The Clerk of the Court is respectfully directed to terminate the Motion at docket entry 37. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/26/2019) (rj)
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