Ortiz v. Police Department of the 25th Precinct et al
| 1:2019cv03522 |
| December 2, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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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
141
ORDER: The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court� 39;s calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences and deadlines are CANCELLED. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/4/2022) (va)
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Filing
136
ORDER re: 135 Letter,, filed by Xavier Reynosa, Police Department of the 25th Precinct, Raymond Low, Manuel Cordova, New York City Police Department, Xavier Reynoso, Gregory Carty. No later than Friday, September 16, 2022, the parti es shall jointly submit, via email, three (3) mutually agreeable dates when all parties and counsel are available to have the settlement conference. The email should indicate whether the parties are available in the morning or afternoon (or both) for the selected dates. The parties should consult Judge Aaron's Settlement Conference Procedures, available on the S.D.N.Y. website, for the attendance requirements for the settlement conference. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/14/2022) (kv)
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Filing
134
ORDER: The Court has been informed that discovery is closed in this case. The Court will hold a telephonic post-discovery status conference on September 13, 2022 at 12:30 p.m. The parties are directed to dial in to the Court's teleconfere nce line at 888-251-2909, Access Code 2123101, and follow the necessary prompts. In advance of the conference, the parties shall file a joint letter updating the Court of the status of settlement negotiations and any intention to move for summary judgment. SO ORDERED. ( Telephone Conference set for 9/13/2022 at 12:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 9/6/2022) (vfr)
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Filing
133
STIPULATION AND ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/17/2022) (kv)
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Filing
131
ORDER TO PRODUCE INMATE FOR DEPOSITION: IT IS HEREBY ORDERED: (1) that the Warden or other official in charge of the Sing Sing Correctional Facility at the New York State Department of Corrections and Community Supervision produce inmate Robert O rtiz (DIN 18A3853) within Sing Sing Correctional Facility for the taking of his deposition by video teleconferencing on September 1, 2022 commencing at 1:00 P.M., and for so long thereafter as the deposition continues; (2) Plaintiff Robert Ortiz ( DIN 18A3853) appears in such place as designated by the Warden or other official in charge of the Sing Sing Correctional Facility so that his deposition may be taken; and (3) that also present at the deposition will be a court reporter to be designated by Defendants as well as the attorneys for Defendants. SO ORDERED. ( Deposition due by 9/1/2022.) (Signed by Magistrate Judge Stewart D. Aaron on 8/4/2022) (vfr)
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Filing
126
ORDER TO PRODUCE INMATE FOR DEPOSITION (Signed by Magistrate Judge Stewart D. Aaron on 7/16/2022) (Aaron, Stewart)
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Filing
122
ORDER granting in part and denying in part 121 Letter Motion to Adjourn Conference. Request GRANTED IN PART and DENIED IN PART. It is hereby ORDERED as follows: 1. The telephone conference currently scheduled for July 15, 2022, at 11:00 a.m. is canceled. 2. No later than July 15, 2022, the parties shall file a joint letter setting forth the following: a. Plaintiff's counsel shall explain why they failed to appear for Plaintiff's deposition on June 23, 2022. b. The parties shall s et forth a mutually agreeable date prior to August 31, 2022, for Plaintiff's deposition to proceed. c. The parties shall attach a proposed form of Order to Produce Inmate for Deposition. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 6/30/2022) (kv)
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Filing
117
ORDER TO PRODUCE INMATE FOR DEPOSITION granting 116 Letter Motion for Discovery. IT IS HEREBY ORDERED: (1) that the Warden or other official in charge of the Sing Sing Correctional Facility at the New York State Department of Corrections and Community Supervision produce inmate Robert Ortiz (DIN 18A3853) within Sing Sing Correctional Facility for the taking of his deposition by video teleconferencing on June 23, 2022 commencing at 11:00 A.M., and for so long thereafter as the deposition continues; (2) Plaintiff Robert Ortiz (DIN 18A3853) appears in such place as designated by the Warden or other official in charge of the Sing Sing Correctional Facility so that his deposition may be taken; and (3) that also present at the deposition will be a court reporter to be designated by Defendants as well as the attorneys for Defendants. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 6/17/2022) (kv)
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Filing
115
ORDER granting 113 Letter Motion to Compel; granting 113 Letter Motion for Extension of Time to Complete Discovery. Following a telephone conference with a parties today, it is hereby ORDERED as follows: 1. No later than April 29, 2022, Pl aintiff shall provide Defendants with: a. An updated HIPPA-compliant medical release for Bellevue Hospital with the subsection of the form relating to Plaintiff's HIV results, drug history, and mental health completed; b. An updated HIPPA-compli ant medical release form for Harlem Hospital relating to Plaintiff's medical records; and c. An updated HIPPA-compliant medical release form for Metropolitan Hospital relating to Plaintiff's medical records. 2. The deadline for completion of fact discovery is June 30, 2022. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 4/26/2022) (ks)
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Filing
114
ORDER with respect to 113 Motion to Compel; with respect to 113 Motion for Extension of Time to Complete Discovery. The parties are directed to appear for a telephone conference on April 26, 2022, at 3:00 p.m. to discuss the letter filed by the City Defendants at ECF No. 113. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 4/18/2022) (kv)
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Filing
100
ORDER: Following a telephone conference with the parties this afternoon, the Court hereby ORDERS, as follows: No later than Friday, October 22, 2021, the parties shall meet and confer and then file a joint le tter proposing a deadline for amended pleadings and a discovery schedule. Counsel to Defendants Raymond Low, Zavier Reynoso and Manuel Cordova is reminded that he shall, within 48 hours of his receipt of the final decision issued in connection with his clients' NYPD administrative trial, file to the ECF docket a copy of that final decision. (See Order, ECF No. 90, 1.)So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 10/7/2021) (js)
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Filing
99
ORDER: The formerly pro se Plaintiff having recently retained counsel (see Not. of Appearance, ECF No. 98), the Court hereby ORDERS, as follows: The telephone conference scheduled for Thursday, October 7, 2021, at 12:00 p.m. sh all be counsel-only; Plaintiff need not appear personally. At the scheduled time, counsel shall call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Counsel to Defendants Raymond Low, Zavier Reynoso and Manuel Cordova is reminded that he shall, within 48 hours of his receipt of the final decision issued in connection with his clients' NYPD administrative trial, file to the ECF docket a copy of that final decision. (See Order, ECF No. 90, 1.). So Ordered. (Telephone Conference set for 10/7/2021 at 12:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 9/16/2021) (js)
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Filing
97
ORDER: Following a telephonic conference with the parties today, the Court hereby ORDERS as follows: During todays conference, Plaintiff stated that he would be moving to a new correctional facility on Friday, August 20, 2021. Once he does so, he shall promptly inform the Court, via a filing to the ECF docket, of his updated contact information. On Wednesday, September 15, 2021, if Plaintiff has not yet filed his updated contact info rmation to the ECF docket, then the Law Department shall file to the docket a letter identifying Plaintiff's new correctional facility and address. No later than Thursday, September 30, 2021, Plaintiff shall respond to th e written discovery that Defendants have served on him to date, including by returning to Defendants an executed version of the New York Criminal Procedure Law Section 160.50 release served on him. A tel ephone conference shall be held on Thursday, October 7, 2021, at 12:00 p.m. By separate Order, once Plaintiff has arrived at his new correctional facility, and the ECF docket has been updated, the Court shall order Plaintiff produced for such conference. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. So Ordered. (Responses due by 9/30/2021), (Telephone Conference set for 10/7/2021 at 12:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 8/12/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
92
ORDER: 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 volunteer s. Due to a scarcity of volunteer attorneys, some 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 direc tly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and Plaintiff should be prepared to proceed with the case pro se. Of course, if an attorney offers to take the case, it is entirely Plain tiff's decision whether to retain that attorney or not. The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. See https://www.nysd.uscourts.gov/sites/default/files/pdf/ProBonoFundOrder.p df. 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 respectfully requested to mail a copy of this Order to the pro se Plaintiff. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 5/27/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
82
ORDER: Following a telephonic conference with the parties today, the Court hereby ORDERS as follows: 1.Counsel to Defendants Raymond Low, Zavier Reynoso and Manuel Cordova shall,within 48 hours of his receipt of the draft decision issued in connect ion with his clients' NYPD administrative trial, file with the Court under seal a copy of that draft decision and serve a copy of that draft decision on Plaintiff. The parties shall keep that draft decision confidential until the issuance of a f inal decision in connection with that administrative trial, at which point this confidentiality requirement shall lift and the Court will have the draft decision unsealed. 2.A telephone conference shall be held on Thursday, May 27, 2021, at 12:00 p.m .By separate Order, the Court shall order the Plaintiff produced for such conference. 3.In the interim, the parties may exchange document discovery. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/26/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
81
ORDER: It is hereby Ordered that the Warden or other official in charge of the Auburn Correctional Facility produce plaintiff Robert Ortiz, DIN No. 18-A- 3853, on Monday, April 26, 2021, at 12:00 p.m., to a suitabl e location within the Auburn Correctional Facility that is equipped with a telephone, for the purpose of participating in a conference with the Court and Defendants counsel. If the scheduled time and date presents a hardship, t he Warden or the Wardens designee should promptly inform Chambers by calling Courtroom Deputy Katherine Lopez at (212) 805-0274. Defendants' counsel shall: (1) send this Order to the Warden immediately and (2) contact Auburn C orrectional Facility to arrange the call and determine the telephone number at which Plaintiff will be reachable at the above time and date. At the scheduled time, Defendants shall, with Plaintiff on the line, call (888) 278-0296 (or (214) 765-04 79) and enter access code 6489745. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. So Ordered (Telephone Conference set for 4/26/2021 at 12:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 3/3/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
79
ORDER: It is hereby Ordered that the Warden or other official in charge of the Auburn Correctional Facility produce plaintiff Robert Ortiz, DIN No. 18-A-3853, on Wednesday, March 3, 2021, no later than 11:30 a.m., to a suitable location within t he Auburn Correctional Facility that is equipped with a telephone, for the purpose of participating in a conference with the Court and Defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's de signee should promptly inform Chambers by calling Courtroom Deputy Katherine Lopez at (212) 805-0274. Defendants' counsel shall: (1) send this Order to the Warden immediately and (2) contact Auburn Correctional Facility to arrange the call and determine the telephone number at which Plaintiff will be reachable at the above time and date. At the scheduled time, Defendants shall, with Plaintiff on the line, call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/3/2020) (kl)
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Filing
77
ORDER granting 76 Letter Motion to Adjourn Conference. Request GRANTED. The telephone conference is rescheduled to December 3, 2020 at 11:15 a.m. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. Telephone Conference set for 12/3/2020 at 11:15 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 11/24/2020) (kl)
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Filing
70
ORDER: Following a telephone conference with the Parties, the Court hereby orders as follows:(1) the stay of this case is lifted; and (2) Defendants shall answer or move against the Complaint no later than September 30, 2020. Gregory Carty answer due 9/30/2020; Manuel Cordova answer due 9/30/2020; Raymond Low answer due 9/30/2020; Xavier Reynosa answer due 9/30/2020. (Signed by Magistrate Judge Stewart D. Aaron on 8/25/2020) (js)
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Filing
67
ORDER FOR TELEPHONE CONFERENCE: It is hereby Ordered that the Warden or other official in charge of the Auburn Correctional Facility produce plaintiff Robert Ortiz, DIN No. 18-A-3853, on August 25, 2020, no later than 11:00 a.m., to a suitab le location within the Auburn Correctional Facility that is equipped with a telephone, for the purpose of participating in a conference with the Court and Defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform Chambers by calling Courtroom Deputy Katherine Lopez at (212) 805-0274. Defendants' counsel shall: (1) send this Order to the Warden immediately and (2) contact Auburn Correctional Facility to arrange the call and determine the telephone number at which Plaintiff will be reachable at the above time and date. A copy of this Order will be mailed to the pro se Plaintiff by Chambers. SO ORDERED. (Telephonic Status Conference set for 8/25/2020 at 11:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 6/30/2020) (kl)
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Filing
63
ORDER granting 62 Letter Motion to Stay. Request GRANTED in part. The stay in this action shall continue an additional 90 days, until June 29, 2020. The City shall file a letter on June 29, 2020 advising the Court the status of the NYPD admi nistrative trial. However, if the City learns from the CCRB prior to June 29, 2020 that a decision has been reached, the City shall advise the Court by letter, with a copy to pro se Plaintiff, no more than 72 hours later. In addition, with respec t to footnote 1, although my chambers staff will mail a copy of this endorsed letter to pro se Plaintiff, the Court expects the City to handle its own mailings. My chambers staff, as well as the clerks office, are also working remotely and cannot be relied upon to effectuate service. Chambers will mail a copy of this memo endorsement to the pro se Plaintiff. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 4/1/2020) (js)
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Filing
60
ORDER granting in part and denying in part 58 Letter Motion to Stay ; granting 58 Letter Motion to Seal. The City's requests are GRANTED IN PART. This matter will remain stayed until Tuesday, March 31, 2020, on which date the City shall f ile a letter advising the Court as to the status of the NYPD administrative trial. The Court confirms that all defendants' time to answer or otherwise respond to the Complaint have been extended sine die. Moreover, Plaintiff's February 7 , 2020 filing at ECF No. 56 has been temporarily restricted and can be viewed only by case participants. The City's request to seal pages 8 and 9 of ECF No. 56 is GRANTED, and the Court will cause those pages to be filed under seal. In additio n, the Court again advises pro se Plaintiff that he is not to file the January 29, 2019 CCRB letter on the public docket, because it is confidential. In any event, the Court is in receipt of the document filed on February 7, 2020 and acknowledges its contents. The Clerk of the Court shall mail this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 2/13/2020) (kgo) Transmission to Docket Assistant Clerk for processing.
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Filing
55
ORDER granting 53 Motion to Seal Document ; denying 53 Letter Motion to Stay. Requests GRANTED IN PART and DENIED IN PART. (1) The City's request that pages 8 and 9 of Plaintiff's Affidavit at ECF No. 49 be filed under seal is GRAN TED. The Court will cause the public document to be redacted and the Clerks Office shall place Plaintiff's original January 17, 2020 filing under seal. (2) As per the Court's January 8, 2020 Order (see ECF No. 47), the City's reque st to stay the instant action until the NYPD administrative trial is concluded is DENIED IN PART. This action will remain stayed until February 17, 2020 upon which date the City shall write to the Court a letter as to the status of the NYPD admi nistrative trial and request a continuation of the stay, if appropriate. Following receipt of the City's letter, the Court will consider whether to continue the stay. (3) the City's request to adjourn, sine die, the date for all answers or responses to the Complaint pending the outcome of the administrative trial is GRANTED. The Clerk shall mail this Order to pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/29/2020) (js) Transmission to Docket Assistant Clerk for processing. Transmission to Sealed Records Clerk for processing.
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Filing
44
ORDER: For the reasons stated on the record during a hearing held before me today, it is ORDERED as follows: Discovery in this case will be stayed pending the outcome of the New York City Police Department administrative trial ("Administrative T rial") which arises from the same allegations asserted herein. The time for Defendant Detective Gregory Carty to appear, answer, or otherwise respond to the Complaint is extended sine die. After service is completed upon Defendants Detective Ray mond Low, Detective Xavier Reynoso and Detective Manuel Cordova, the Court will entertain applications to extend their time to appear, answer or otherwise respond sine die. Counsel for interested party, the City of New York, shall monitor the Adminis trative Trial and shall advise the Court and pro se Plaintiff the outcome as soon as it is determined. However, in any event, and no later than Tuesday, January 7, 2020, counsel for the City shall write a letter to the Court advising the status of the Administrative Trial. The Clerk of the Court is instructed to mail a copy of this Order to pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/04/2019) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
43
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants Low, Reynoso and Cordova through the U.S. Marshals Service, the Clerk of Court is instructed to complete U.S. Marshals Service Process Receipt and Return forms (USM-285 form) for Detectives Low, Reynoso and Cordova using the following addresses set forth in this Order. The Clerk of Court shall further issue a summons and deliver to the Marshals Service all of the necessary paperwork including the Complaint (ECF No. 1)for the Marshals Service to effect service of the entire pleading upon the Defendant. The Clerk of Court shall mail a copy of this Order to Plaintiff. So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 12/2/2019) (js) Transmission to Pro Se Assistants for processing.
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