Behlin v. Rite Aid Pharmacy Store et al
Plaintiff: Rahbu Behlin
Defendant: Rite Aid Pharmacy Store, Victor Gonzalez, Malcial Tuero, Damion Brown, Garfield Mead and Victor Reyes
Case Number: 1:2018cv04335
Filed: May 29, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Franklin
Presiding Judge: Colleen McMahon
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 3, 2024 Opinion or Order Filing 172 NOTICE OF WITHDRAWAL OF APPEARANCE AND ORDER: Counsel for Plaintiff Rahbu Behlin respectfully withdraws the appearance of Mercedez M. Taitt-Harmon ("Ms. Taitt-Harmon") in the above-captioned matter because she is no longer affiliated with the law firm Weil, Gotshal & Manges, LLP. Counsel further requests that Ms. Taitt-Harmon's name be removed or marked withdrawn from the case docket, that the Clerk terminate the delivery of all Notices of Electronic Filings addressed to me rcedez.taitt-harmon@weil.com and that Ms. Taitt-Harmon's name be removed from any applicable service lists. No other attorney is withdrawing his appearance by this notice. Weil, Gotshal & Manges, LLP remains counsel to Plaintiff Rahbu Beh lin. Application GRANTED. The Court wishes Ms. Taitt-Harmon the best in her future pursuits. Separately, the parties are hereby ORDERED to provide a joint status update on the underlying bankruptcy proceeding as pertains to Rite Aid, and the partie s' ability to continue with discovery as to Individual Defendants Williams and Luna, should the Court lift the discretionary stay as to those parties only. The parties shall file this letter on or before June 17, 2024. SO ORDERED (Signed by Judge Katherine Polk Failla on 6/3/2024) (ks)
October 24, 2023 Opinion or Order Filing 161 MEMO ENDORSEMENT granting 160 Letter Motion to Stay re: 160 MOTION to Stay Suggestion of Bankruptcy. ENDORSEMENT: In light of Defendant Rite Aid Pharmacy Store's Suggestion of Bankruptcy (Dkt. #160), this case is hereby S TAYED as to Defendant Rite Aid Pharmacy Store. In their status update due November 6, 2023, the parties are directed to explain the effect of these insolvency proceedings on Defendants Jermaine Williams and Felix Luna, and to set out their positions as to whether this case should also be stayed as to those individuals. The Clerk of Court is directed to terminate the pending motion at docket number 160. (Signed by Judge Katherine Polk Failla on 10/24/2023) (rro)
April 28, 2023 Opinion or Order Filing 151 ORDER Accordingly, Defendant's motion to compel is DENIED without prejudice to its renewal following the completion of depositions and Plaintiff's release from incarceration. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/28/2023) (jca)
April 11, 2023 Opinion or Order Filing 145 ORDER granting 144 Letter Motion to Compel. The Court is in receipt of Defendant's above letter motion seeking Court approval of a medical examination of Plaintiff. (Dkt. #144). Counsel for Plaintiff is directed to respond to the above lett er motion by April 13, 2023. Should Plaintiff's counsel believe that any response to the above letter motion is outside the scope of their limited representation in this case, they may apprise the Court in their response. The Clerk of Court is directed to mail a copy of this endorsement to Plaintiff's address of record.. (Signed by Judge Katherine Polk Failla on 4/11/2023) (rro)
September 8, 2022 Opinion or Order Filing 128 ORDER: On September 7, 2022, Adam Banks and Mercedez Taitt-Harmon entered notices of limited appearance for the purpose of representing Plaintiff in depositions. (Dkt. #126-127). Accordingly, the parties are hereby ORDERED to meet and confer and to discuss a schedule for the depositions discussed in the Court's Order Granting Pro Bono Counsel (Dkt. #125). The parties shall apprise the Court by joint status letter of the deposition schedule by October 14, 2022. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/8/2022) (rro)
August 10, 2022 Opinion or Order Filing 125 ORDER GRANTING PRO BONO COUNSEL: Accordingly, the Court hereby directs that the Clerk of Court seek pro bono counsel to enter a limited appearance for the purpose of taking and defending these depositions in the above-captioned action. Counsel w ill file a Notice of Limited Appearance as Pro Bono Counsel. Under the Court's Standing Order regarding the Creation and Administration of the Pro Bono Fund (16-MC-0078), pro bono counsel may apply to the Court for reimbursement of certain out- of-pocket expenses spent in furtherance of plaintiff's case. The Pro Bono Fund is especially intended for attorneys for whom pro bono service is a financial hardship. See http://www.nysd.circ2.dcn/docs/prose/pro_bono_fund_order.pdf. Pro bon o counsel will not be obligated for any aspect of Plaintiff's representation beyond the matters described in this Order. In particular, pro bono counsel will not be required to respond to a dispositive motion. In the event that Defendants fil e a dispositive motion, pro bono counsel may seek appropriate relief, including an extension of Plaintiff's time to respond, or an expansion of pro bono counsel's role to include responding to the motion. Absent an expansion of the scope of pro bono counsel's representation, pro bono counsel's representation of Plaintiff will end upon completion of the aforementioned depositions in this case. Upon the filing by pro bono counsel of a Notice of Completion, the representatio n by pro bono counsel of Plaintiff in this matter will terminate, and pro bono counsel will have no further obligations or responsibilities to Plaintiff or to the Court in this matter. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to Plaintiff at his address of record. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/10/2022) (tg) Transmission to Office of Pro Se Litigation for processing.
January 25, 2022 Opinion or Order Filing 117 OPINION AND ORDER re: 96 MOTION for Summary Judgment . filed by Malcial Tuero, Damion Brown, Victor Gonzalez, Garfield Mead, Victor Reyes, 102 MOTION for Summary Judgment . filed by Rite Aid Pharmacy Store., For the foregoing reasons, summary judgment is GRANTED in full as to the City Defendants. Rite Aid's motion for summary judgment is GRANTED as to Plaintiff's false arrest claim, but DENIED as to Plaintiff's claims for excessive use of fo rce, assault, and battery. The Clerk of Court is directed to unstay this case, and to terminate the motions at docket entries 96 and 102. The Court acknowledges that its decision to curtail discovery factored into the disposition of Rite Aid' s motion and that it failed to envisage all of the factual circumstances as unlikely they might be that could give rise to a genuine dispute of fact as to Rite Aid's status as a state actor. The Court has now come to appreciate the difficul ties attendant to resolving this issue without a fully developed factual record. Accordingly, the Court will permit discovery to proceed on Plaintiff's remaining claims against Rite Aid. Mindful of the efforts hitherto expended on this motion and the fact that discovery must be "proportional to the needs of the case," Fed. R. Civ. P. 26(b)(1), the Court will permit Plaintiff to take two depositions of relevant individuals of his choosing. The Court cautions Plaintiff, howeve r, that given prior difficulties in locating Felix Luna and Jermaine Williams, he might not be able to depose either of them. Similarly, if Rite Aid wishes to depose Plaintiff, it may do so. The remaining parties to this action are hereby ORDERED t o submit a proposed case management plan, which includes a proposed schedule for the discovery that will take place on Plaintiff's remaining claims, on or before February 25, 2022. The Court also anticipates that it will not require plenary b riefing if Rite Aid wishes to pursue a second round of summary judgment practice after discovery. The Court expects that it will be able to take into consideration the arguments presented in the current briefing on the instant motion and will likel y require only supplemental briefing. The Clerk of Court is directed to mail a copy of this Opinion to Plaintiff at his address of record. SO ORDERED. (Garfield Mead (Individually and in their official Capacites), Victor Reyes (Individually and in their official Capacites), Damion Brown (Individually and in their official Capacites) and Victor Gonzalez (Individually and in their official Capacites) terminated., Case Stay Lifted.) (Signed by Judge Katherine Polk Failla on 1/25/2022) (rro) Transmission to Docket Assistant Clerk for processing.
July 1, 2021 Opinion or Order Filing 111 ORDER: On April 7, 2021, the Court set the following schedule for Defendants' motion to for summary judgment: Defendants were to file their motions for summary judgment on or before May 7, 2021, Plaintiff was to file his opposition papers on or before June 21, 2021, and Defendants were to file their reply papers, if any, on or before July 12, 2021. As of the date of this Order, the Court has not received any correspondence from Plaintiff concerning Defendants' pending motion for sum mary judgment. Accordingly, the Court will consider Defendants' motion unopposed if Plaintiff does not respond on or before August 2, 2021. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Responses due by 8/2/2021) (Signed by Judge Katherine Polk Failla on 7/1/2021) (rro) Transmission to Docket Assistant Clerk for processing.
June 9, 2021 Opinion or Order Filing 110 MEMO ENDORSEMENT granting 109 Motion re: 109 MOTION Removal of Counsel . ENDORSEMENT: Application GRANTED. Counsel for the Rite Aid defendant is reminded that this case is pending before Judge Failla. The Clerk of Court is directed to mail a copy of this endorsement to Plaintiff. (Signed by Judge Katherine Polk Failla on 6/9/2021) (rro) Transmission to Docket Assistant Clerk for processing.
December 29, 2020 Opinion or Order Filing 82 ORDER: By Order dated September 16, 2020, the Court denied without prejudice Defendants' request for a pre-motion conference in advance of an anticipated motion for summary judgment, pending production of certain of Plaintiff's medical records. (Dkt. #73). Thereafter, Plaintiff sought leave to amend his complaint, but later withdrew his request to amend. (See Dkt. #77-78, 80). By Order dated November 2, 2020, the Court directed Plaintiff to inform the Court by November 16, 2020, whether he intended to renew his request to file an amended complaint. (Dkt. #81). The Court reiterated that absent a motion to amend, the parties were expected to comply with the Court's September 16, 2020 Order regarding discovery. (Id.). To date, Plaintiff has not renewed his request for leave to file an amended complaint. Therefore, the parties are ORDERED to submit a joint status report on or by January 19, 2021. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/29/2020) (rro) Transmission to Docket Assistant Clerk for processing.
October 16, 2020 Opinion or Order Filing 79 ORDER: The Court is in receipt of Plaintiff's letter docketed on October 14, 2020, seeking leave to file an amended complaint. (Dkt. #77). Given the procedural posture of this case and the extensive work the parties have already invested in disc overy and litigating this case, the Court requires that the parties provide more extensive briefing on Plaintiff's motion to amend. Under the operative case management plan, the last day to amend was March 1, 2020, and as further set forth in th is order. Plaintiff's moving papers shall be filed on or by November 6, 2020; Defendants' opposition papers shall be filed on or by November 27, 2020; and Plaintiff's reply, if any, shall be filed on or by December 18, 2020. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at his address of record. (Motions due by 11/6/2020. Responses due by 11/27/2020. Replies due by 12/18/2020.) (Signed by Judge Katherine Polk Failla on 10/16/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
September 16, 2020 Opinion or Order Filing 73 ORDER: The Court is in receipt of Defendants' September 14, 2020 letter requesting a pre-motion conference for an anticipated motion for summary judgment. (Dkt. #72). On the current record, the Court is not yet prepared to order briefing on a motion for summary judgment. Therefore, the Court ORDERS that: The City Defendants shall provide Plaintiff with the requisite form or HIPAA waiver that would authorize Defendants to produce Plaintiff's medical records to him as quickly as possible; Upon receipt of the form or waiver, Plaintiff shall sign and return said form or waiver to the City Defendants as quickly as possible; Upon receipt of the signed form or waiver, the City Defendants shall produce to the Court and to Plai ntiff, under seal, all medical records for Mr. Behlin that they have in its possession, custody, or control, covering the period from the date of Plaintiff's arrest on June 20, 2015, to the present. Upon receipt of the signed form or waiver, the City Defendants shall produce to the Court and to Plaintiff, under seal, all medical records for Mr. Behlin that they have in its possession, custody, or control, covering the period from the date of Plaintiff's arrest on June 20, 2015, to the present. The Clerk of Court is directed to mail a copy of the Order to: Rahbu Behlin, 17-A-1400, Otisville Correctional Facility, P.O. Box 8, Otisville, NY 10963. (Signed by Judge Katherine Polk Failla on 9/16/2020) (rro) Transmission to Docket Assistant Clerk for processing.
August 24, 2020 Opinion or Order Filing 71 ORDER granting 70 Application for the Court to Request Counsel. For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent Plaintiff for the limited purpose of pursing discovery once the stay in this case is lifted on September 14, 2020. 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 attorney will decide t o take the case, and plaintiff should be prepared to proceed with the case pro se. The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. The Fund is especially intended for attorneys for whom pro bono service is a financial hardship. See http://www.nysd.circ2.dcn/docs/prose/pro bono fund order.pdf. If Plaintiff does not want the Court to seek counsel to represent him, he must inform the Court by September 13, 2020. If Plaintiff does want a volunteer attorney to represent him, the Court requests that he so inform it immediately, so that the case can move forward once the stay is lifted. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/24/2020) Copies Mailed By Chambers. (rro)
August 6, 2020 Opinion or Order Filing 69 ORDER: Because this case is stayed until September 14, 2020 (see Dkt. #68), the conference currently scheduled for August 11, 2020, is hereby ADJOURNED sine die. As directed by the Court's July 30, 2020 Order, on or by September 14, 2020, the p arties shall submit a letter to the Court proposing a schedule for the resumption of discovery, a proposed revised case management plan, and a discussion of any contemplated motions. (Id.). SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/6/2020) Copies Mailed By Chambers. (rro)
July 24, 2020 Opinion or Order Filing 65 ORDER: Because this case and all discovery has been stayed since April 1, 2020, the Court DENIES Plaintiff's motion to compel discovery. However, the Court reminds the parties that once the stay is lifted, Defendants' time to respond to a ny requests for discovery that were pending at the onset of the stay will begin to run again. In response to Plaintiff's request for assistance litigating his case, the Court invites Plaintiff to make a request for pro bono counsel. Enclosed i s information about requesting pro bono counsel and the form Plaintiff must complete to make this request. As further set forth herein. The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Even if Plaintiff's request for pro bono counsel is granted, 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. As further set forth in this Order. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/23/2020) Copies Mailed By Chambers. (ks)
April 1, 2020 Opinion or Order Filing 61 ORDER granting 60 Letter Motion to Stay. In light of the circumstances laid out in Defendants' letter of April 1, 2020 (Dkt. #60), this matter is hereby STAYED for 60 days. On or before June 1, 2020, Defendants shall submit a status letter t o the Court. If the parties believe a further stay of the case is merited at that time, they may file a request to that effect. If the parties believe that they may resume their efforts to complete discovery in this matter, they shall provide a proposed revised case management plan by that date. (Signed by Judge Katherine Polk Failla on 4/1/2020) Copies Mailed By Chambers. (rro)
January 30, 2020 Opinion or Order Filing 59 ORDER: During the final minutes of the telephonic status conference held on January 30, 2020, Plaintiff was disconnected from the conference. The Court was unable to get Plaintiff back on the call. To conclude the conference, the Court stated that it would issue a Case Management Plan, providing six months for fact discovery and two months for expert discovery. After the conference had concluded, Plaintiff called the Court directly and the Court was able to relay this information to Plaintiff. T he Court also relayed to Plaintiff that he should receive waivers from Defendants in the next thirty days. The Court will issue the Case Management Plan under separate cover. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/30/2020) Copies Mailed By Chambers. (rro)
January 8, 2020 Opinion or Order Filing 57 ORDER granting 55 Letter Motion to Adjourn Conference. The conference currently scheduled for January 9, 2020, is hereby ADJOURNED to January 30, 2020, at 2:00 p.m. It is further ORDERED that at the appointed date and time for the conf erence, the Warden or other official in charge of the Otisville Correctional Facility, produce prisoner Rahbu Behlin, Identification No. 17-A-1400, at a suitable location within the Otisville Correctional Facility equipped with a telephone, for t he purpose of participating by telephone in the conference with the Court and defense counsel in the above referenced matter. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambe rs by calling (212) 805-0290. Counsel for Defendants must (1) transmit this Order to the Warden forthwith; (2) contact the Otisville Correctional Facility forthwith to arrange the call, and to determine the telephone number at which pro se plaint iff will be reachable at the above time and date; and (3) telephone the Court with pro se plaintiff on the line at the time and date of the conference. At the appointed time, the parties shall call (888) 363-4749 and enter access code 6624801. Plea se note, the phone conference line will not be available prior to 2:00 p.m. Status Conference set for 1/30/2020 at 02:00 PM before Judge Katherine Polk Failla.. (Signed by Judge Katherine Polk Failla on 1/7/2020) Copies Mailed By Chambers. (mro)
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Search for this case: Behlin v. Rite Aid Pharmacy Store et al
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Plaintiff: Rahbu Behlin
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Defendant: Rite Aid Pharmacy Store
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Defendant: Victor Gonzalez
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Defendant: Malcial Tuero
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Defendant: Damion Brown
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Defendant: Garfield Mead
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Defendant: Victor Reyes
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