Capak v. Epps et al
| Richard J. Capak |
| Tauheed Epps and Rory Dorall Smith |
| 1:2018cv04325 |
| May 15, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Ronnie Abrams |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
200
ORDER: On September 12, 2023, the parties were scheduled to begin trial in front of the undersigned. Instead, the parties informed the Court on the record that they settled their claims and reached an agreement on all material terms. Later t hat day, the parties signed a binding term sheet memorializing the material terms of the agreement. In light of the parties' settlement, the bench trial was adjourned. In accordance with the parties' request, this Court will retain jurisd iction over this matter for the purpose of enforcing the settlement agreement, if necessary. As a result of the settlement, this action is hereby discontinued with prejudice against Plaintiff for further claims and without costs. The Clerk of the Court is respectfully requested to close this case. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/13/2023) (vfr)
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Filing
198
ORDER terminating 185 Motion in Limine. Dr. Kaplan is permitted to testify about causation, but only as to those injuries where the facts of the incident allow the factfinder to infer causation. Specifically of the injuries that Plaintiff clai m (ECF No. 197), Dr. Kaplan may testify to the causation of trauma to the head, hematoma and abrasion to the scalp, laceration to the scalp and/or back of the head, loss of consciousness on the date of the assault, and deformity and deviation of t he nasal septum to the left. Evidence of Defendant's guilty plea for attempted third degree assault is admissible but evidence of Defendant's vacated guilty plea is inadmissible. As this resolves the motions at ECF No. 185, the Clerk of the Court is respectfully requested to close the motion at ECF No. 185. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/24/23) (yv)
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Filing
193
ORDER: In connection with the motion in limine at ECF No. 185, by August 21, 2023, Plaintiff shall submit a letter listing a complete list of injuries that Plaintiff is claiming and, as to each, whether Plaintiff expects his treating physicians, Dr. Ranga Krishna and/or Dr. Charles Kaplan, to testify as to causation as to that injury. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/17/2023) (vfr)
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Filing
181
ORDER: A bench trial in this case is scheduled for September 12, 2023 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. A pre-trial conference is scheduled for August 24, 2023 at 4:00 p.m. in Courtro om 17-D. The Court will address the parties' motions in limine (if any) at that time. Any motions in limine, if any, shall be filed by July 21, 2023. Opposition briefs shall be filed by August 4, 2023. Reply briefs due August 18, 2023. The pa rties shall file a joint pretrial order by August 18, 2023. In accordance with Judge Parker's Individual Practices, the proposed pretrial order shall include, as further set forth herein. By August 24, 2023, the parties shall deliver copies o f their respective exhibits to the Court in a binder for the Court's use at trial. Copies of these exhibits also shall be emailed to Judge Parker at Parker_NYSD_Chambers@nysd.uscourts.gov., as further set forth herein. By September 18, Plaintiff shall file a post-trial brief setting forth his respective position on what the evidence at trial showed and all legal arguments on the issues tried based on the evidence at trial and a proposed form of judgment. By September 22, Defend ants shall respond to Plaintiff's brief and proposed form of judgment. No reply. Post-verdict motions must be made within the time permitted by the applicable rules. (As further set forth in this Order.) SO ORDERED. ( Brief due by 9/ 18/2023., Motions due by 7/21/2023., Pretrial Order due by 8/18/2023., Responses due by 8/4/2023, Replies due by 8/18/2023., Responses to Brief due by 9/22/2023, Bench Trial set for 9/12/2023 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker., Pretrial Conference set for 8/24/2023 at 04:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/26/2023) (vfr)
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Filing
178
ORDER: By May 24, 2023, the parties shall write to the Court stating whether the parties are available for a bench trial on September 12, 2023. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/17/2023) (vfr)
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Filing
177
OPINION ON MOTION FOR JURY TRIAL: For the reasons set forth above, the Plaintiff's motion for a trial by jury is denied. (Signed by Magistrate Judge Katharine H. Parker on 5/16/2023) (vfr)
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Filing
171
OPINION ON MOTION FOR PARTIAL SUMMARY JUDGMENT re: 161 MOTION for Partial Summary Judgment . filed by Rory Dorall Smith. For the reasons set forth above, the Defendant's motion for partial summary judgment as to punitive damages is granted. (Signed by Magistrate Judge Katharine H. Parker on 3/20/2023) (ks)
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Filing
153
ORDER: As discussed in the January 10, 2023 case management conference, the deadline for the defendant's motion for summary judgment on punitive damages is Thursday, February 9, 2023. The deadline for the Plaintiff's response is Februa ry 23, 2023. The Defendant's reply is due March 2, 2023. The parties shall also meet and confer regarding the possibility of settlement in this case and shall write a letter to the Court by January 24, 2023. The letter shall update the Court on settlement discussions and request a settlement conference if the parties find a conference would be productive. SO ORDERED. ( Motions due by 2/9/2023., Replies due by 3/2/2023., Responses due by 2/23/2023) (Signed by Magistrate Judge Katharine H. Parker on 1/11/2023) (tg)
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Filing
147
ORDER: As discovery is now set to close on October 31, 2022, a case management conference is scheduled for Tuesday, November 29, 2022 at 11:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. ( Case Management Conference set for 11/29/2022 at 11:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/8/2022) (vfr)
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Filing
141
ORDER: As discussed during the discovery conference held on July 11, 2022, discovery is reopened for the limited purposes of obtaining: (1) Plaintiff's medical records referenced in his deposition; (2) the video-recording of the incident re ferenced in his deposition; and (3) any statements in Plaintiff's custody or control made by Mr. Harry Velez. Plaintiff shall provide updated medical authorizations to Defendant by July 18, 2022. Additionally, to the extent Defendant wishes t o depose Mr. Velez, or Dr. Kaplan (Plaintiff's medical expert), he shall do so by August 31, 2022. The parties shall file a joint status letter via ECF by September 9, 2022. SO ORDERED. ( Deposition due by 8/31/2022.) (Signed by Magistrate Judge Katharine H. Parker on 7/11/2022) (vfr)
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Filing
139
ORDER terminating 133 Letter Motion for Discovery. A discovery conference is scheduled for July 11, 2022 at 3:00 p.m. At the scheduled time, counsel shall call Judge Parker's conference line. Please dial (866) 434-5269; Code: 4858267. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/13/2022) (jca)
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Filing
122
ORDER: At the telephone conference held on October 29, 2021, the Court ordered Plaintiff to file a letter with on or before November 29, 2021 indicating his availability for trial within the first six months of 2022 and noting whether he wishes to proceed with a jury or bench trial. To date, no such letter has been filed. Plaintiff is ordered to file said letter on or before December 20, 2021. The Clerk of Court is respectfully directed to mail a copy of this order to Defendant. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/13/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
121
ORDER: In the interest of transparency, the Court advises the parties of the following: on October 14, 2021, Mr. Smith called my chambers and spoke with one my law clerks. Mr. Smith stated that his former counsel had informed him of the Court� 39;s most recent order, and he further stated that he had not been receiving the orders recently mailed to him by the Court and Magistrate Judge Parker (although he confirmed the accuracy of the address that has been used). My chambers provided Mr . Smith with (1) the phone number for the Court's pro se office, so that he might inquire about the possibility of receiving electronic service; (2) the contact information for the New York Legal Assistance Group's clinic for pro se liti gants; and (3) information about how to access the October 29, 2021, 3:00 p.m. telephone conference, which remains on the calendar. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Smith at the same address it has been using: 6592 Swift Creek Rd, Lithonia, GA 30058. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/15/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
120
ORDER: In light of these developments, a telephone conference is hereby scheduled for Friday, October 29, 2021 at 3:00 p.m. to discuss the status of this case and the scheduling of a trial. The parties shall use the dial-in information provided be low to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. Both parties are required to appear by telephone at this conference, including Defendant, even he remains unrepresen ted. The Court reminds Defendant, as explained in Judge Parker's July 28, 2021 order (Dkt. 119), that he may be able to use the resources of a free legal clinic called the New York Legal Assistance Group. Defendant is encouraged to make a tel ephone appointment with the clinic by calling (212) 659-6190 or visiting its website at https://nylag.org/pro-se-clinic/. The Clerk of Court is respectfully directed to mail a copy of this order to Defendant. SO ORDERED. (Telephone Conference set for 10/29/2021 at 03:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 10/13/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
119
ORDER: Insofar as Defendant is now proceeding pro se, the Court advises Defendant that he may use the resources of a free legal clinic called the New York Legal Assistance Group. The clinic is not part of, or run by, the Court. The Clinic is loca ted in the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York, in Room LL22, which is just inside the Pearl Street entrance to that Courthouse. Because of the COVID pandemic, the Clinic is open for telephonic rather than in-person appointments. Defendant is encouraged to make an appointment with the Clinic by calling (212) 659-6190. The Clinic may be able to assist Defendant in preparing for trial. The Clerk of Court is directed to mail a copy of this order to Defendant Rory Dorall Smith at 6592 Swift Creek Rd, Lithonia, GA 30058. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/28/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
111
ORDER: Pursuant to defense counsel's request to withdraw as counsel at ECF No. 110, the Court requests that both Defendant Smith and his attorney, Douglas Doneson, attend an ex parte teleconference with the Court to discuss defense counsel's request to withdraw and Defendant's response to the request. The call will take place on January 8, 2021 at 12:30 p.m. Both Defendant and his attorney must attend. Please call (866) 434-5269, access code: 4858267 at the sch eduled time. A private security code will be provided to the teleconference participants in advance of the call. ( Telephone Conference set for 1/8/2021 at 12:30 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/28/2020) (mro)
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Filing
102
ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for Wednesday, November 4, 2020 at 2:00 p.m. Counsel for the parties are directed to call Judge Parkers court conference line at the sche duled time. Please dial (866) 434-5269, Access code: 4858267. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary R eport and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than October 28, 2020 by 5:00 p.m. ( Telephone Conference set for 11/4/2020 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/8/2020) (mro)
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Filing
101
ORDER RESCHEDULING STATUS CONFERENCE, The telephonic Status Conference scheduled for Thursday, September 3, 2020 at 10:30 a.m. is hereby rescheduled to Tuesday, September 8, 2020 at 2:00 p.m. Counsel for the parties are directed to call Judge Par ker's court conference line at the scheduled time. Please dial (866)434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 9/8/2020 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/26/20) (yv)
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Filing
95
OPINION & ORDER re: 53 MOTION for Summary Judgment . filed by Tauheed Epps. For the foregoing reasons, Defendant Epps' motion for summary judgment is granted. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 53 and enter judgment in favor of Epps. No later than June 24, 2020, Plaintiff and Defendant Smith shall file a joint letter updating the Court on the status of the remainder of the case, including when they will be prepared for tri al, if they consent to a bench trial, and whether they believe a referral to the magistrate judge for a settlement conference or to a mediator for mediation would be productive at this time. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/10/2020) (rj) Transmission to Orders and Judgments Clerk for processing.
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Filing
94
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 92 Report and Recommendations, 61 Motion to Add Party(ies) filed by Richard J. Capak. As no objections to the Report were filed, the Court has reviewed Judge Parker's Report for clear error. The Court finds no error and thus adopts the well-reasoned Report in its entirety. Plaintiff's motion to amend the complaint to add Street Execs Management as a defendant is therefore denied. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 61. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/19/2020) (mml)
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Filing
90
ORDER: The status conference scheduled for March 26, 2020 at 3:30 p.m. is hereby converted to a telephone conference. The parties should dial the following number: (866) 434-5269. The access code is: 4858267 (if prompted to put in security code, re-enter access code). SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2020) (kv)
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Filing
89
ORDER RESCHEDULING STATUS CONFERENCE: The status conference in this matter that was previously scheduled for Wednesday, February 19, 2020 at 12:00 p.m. is hereby rescheduled for Thursday, March 26, 2020 at 3:30 p.m. in Courtroom 17-D, United States C ourthouse, 500 Pearl Street, New York, New York. (Status Conference set for 3/26/2020 at 03:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/2/2020) (jwh) Modified on 3/2/2020 (jwh).
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Filing
83
ORDER denying 82 Letter Motion to Seal. Accordingly, Plaintiff's request to seal or file any of these documents in redacted form is denied. No later than February 17, 2020, Plaintiff shall file unredacted versions of his opposition to Defendant Epps' motion for summary judgment, Declaration of Chad B Russell, and response to Defendant Epps' Rule 56.1 Statement of Material Facts on the docket.SO ORDERED. (Signed by Judge Ronnie Abrams on 2/14/2020) (ama)
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Filing
81
ORDER: If Plaintiff seeks to file any portion of these documents under seal or in redacted form, Plaintiff must do so in accordance with Paragraph 5(A) of this Court's Individual Rules & Practices in Civil Cases and the Southern District's Local Rules. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/10/2020) (ks)
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Filing
58
ORDER denying 44 Letter Motion to Seal Document. Accordingly, Defendant Epps' request to seal the documents listed in his January 10, 2020 letter is denied. Should Defendant Epps wish to submit proposed redactions more narrowly tailored to the interests he seeks to protect, in accordance with the standard set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), he shall do so no later than January 24, 2020. If not, Defendant Epps shall file unredacted versions of these documents on the docket no later than January 27, 2020. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/14/2020) (jca)
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Filing
43
ORDER: On December 9, 2019, the Court ordered the parties to jointly file a letter, no later than January 3, 2020, updating the Court as to the status of this case. The parties have not done so. No later than January 16, 2020, the parties shall jointly file a letter updating the Court as to the status of this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/10/2020) (ama)
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Filing
40
ORDER: As discussed during yesterday's status conference, Plaintiff will be permitted to move to amend his Complaint to add the management company that purportedly hired and/or employed Defendant Smith. Plaintiff's motion is due by Janu ary 10, 2020 and Defendants' opposition briefs are due by January 24, 2020. There will be no reply. Additionally, Defendant Epps will be permitted to move for summary judgment. Defendant Epps's motion will be due by January 10, 2020, opp osition briefs will be due by January 31, 2020, and Defendant Epps's reply brief will be due by February 7, 2020. The parties shall file a joint status letter on ECF by January 31, 2020, advising the Court whether Plaintiff has provided Defe ndants with Plaintiff's medical authorizations and/or medical records and addressing any other issues the parties wish to raise with the Court. The deadline to complete expert depositions is extended to 30 days after a ruling on Plaintiff 9;s Motion to Amend. A status conference in this matter is hereby scheduled for February 19, 2020 at 12:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/19/2019) ( Motions due by 1/10/2020., Responses due by 1/31/2020, Replies due by 2/7/2020., Status Conference set for 2/19/2020 at 12:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.)(ks)
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Filing
38
STIPULATED AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/11/2019) (ks)
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Filing
36
ORDER: In light of the status conference scheduled before Magistrate Judge Parker on December 18, 2019, the post-discovery conference currently scheduled before this Court on Friday, December 13, 2019 is hereby adjourned sine die. No later than January 3, 2020, the parties shall jointly file a letter updating the Court as to the status of the case. (Signed by Judge Ronnie Abrams on 12/9/2019) (rj)
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Filing
23
MEMORANDUM OPINION & ORDER re: 15 FIRST MOTION to Stay Discovery. filed by Rory Dorall Smith, 14 FIRST LETTER MOTION for Oral Argument on Mr. Rory Dorall Smith's Motion for a Stay addressed to Judge Ronnie Abram s from Douglas Doneson dated August 26, 2018 filed by Rory Dorall Smith. For the foregoing reasons, Smith's motion for a stay pending his sentencing is denied. Defendant's request for oral argument on the motion is denied as moot. The Clerk of the Court is respectfully requested to terminate the docket entries at 14 and 15. It is further ordered that, by January 4, 2019, the parties shall jointly submit a revised case management plan and scheduling order in this case. (Signed by Judge Ronnie Abrams on 12/21/2018) (mro)
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