Lee v. Department of Corrections et al
| Michael J. Lee |
| Marget Egan, Department of Corrections, Cynthania Brann, Patsy Yang, Tanisha Mills, Cynthia Brann, City Of New York and Margaret Egan |
| 1:2020cv08407 |
| October 7, 2020 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| George B Daniels |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 87 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Cynthia Brann, Patsy Yang, Tanisha Mills, City Of New York and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Cynthia Brann, Patsy Yang, Tanisha Mills, City Of New York, Margaret Egan. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kruk, Carolyn) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Carolyn Kruk. RE-FILE Document No. #86 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
| Terminate Transcript Deadlines (km) |
| Filing 86 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Cynthia Brann, Tanisha Mills, City Of New York, Margaret Egan. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kruk, Carolyn) Modified on 12/2/2021 (km). |
Filing 85
MEMO ENDORSEMENT on re: #84 Status Report filed by Michael J. Lee. Accordingly, the parties jointly propose providing the Court with a further status update by December 1, 2021. ENDORSEMENT: Application GRANTED. The parties shall file another status update on December 1, 2021. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/23/2021) (js)
|
| Filing 84 STATUS REPORT. (Joint Status Report and Request for Additional Time for the Parties to Resolve this Matter) Document filed by Michael J. Lee..(Bishop, Ivory) |
|
Filing 83
MEMO ENDORSEMENT on re: #82 Status Report filed by Tanisha Mills, Cynthia Brann, City Of New York, Patsy Yang: The Court adopts the parties' proposal. The parties shall file a status update by 11/22/2021. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/23/2021) (Aaron, Stewart)
|
| Filing 82 STATUS REPORT. (Joint Status Report) Document filed by Cynthia Brann, City Of New York, Tanisha Mills, Patsy Yang..(Kruk, Carolyn) |
|
Filing 81
MEMO ENDORSEMENT on re: #80 Status Report filed by Michael J. Lee. ENDORSEMENT: Application GRANTED. The parties shall file a joint status report on October 22, 2021. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/19/2021) (js)
|
| Filing 80 STATUS REPORT. (Joint Status Update and Request for Additional Time for the Parties to Explore Settlement) Document filed by Michael J. Lee..(Bishop, Ivory) |
|
Filing 79
MEMO ENDORSEMENT on re: #78 Status Report filed by Tanisha Mills, Cynthia Brann, City Of New York, Patsy Yang. ENDORSEMENT: Application Granted. So Ordered. (Deposition due by 10/8/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 9/13/2021) (js)
|
| Filing 78 STATUS REPORT. (Joint Report) Document filed by Cynthia Brann, City Of New York, Tanisha Mills, Patsy Yang..(Kruk, Carolyn) |
|
Filing 77
MEMO ENDORSEMENT on re: #76 Status Report filed by Tanisha Mills, Cynthia Brann, City Of New York, Patsy Yang. ENDORSEMENT: The parties' proposal is Approved. So Ordered. (Deposition due by 9/3/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 8/9/2021) (js)
|
| Filing 76 STATUS REPORT. (joint report updating the court on expedited discovery efforts) Document filed by Cynthia Brann, City Of New York, Tanisha Mills, Patsy Yang..(Kruk, Carolyn) |
|
Filing 75
MEMO ENDORSEMENT on re: #74 Status Report filed by City Of New York. ENDORSEMENT: The parties' proposed discovery schedule is approved. The parties shall file a joint letter regarding the status of discovery on August 6, 2021. So Ordered. (Deposition due by 7/30/2021., Responses due by 6/17/2021) (Signed by Magistrate Judge Stewart D. Aaron on 5/11/2021) (js)
|
| Filing 74 STATUS REPORT. and Proposed Focused Discovery Schedule Document filed by City Of New York..(Kruk, Carolyn) |
|
Filing 73
ORDER granting #70 Letter Motion to Seal. Application GRANTED for the reasons set forth herein. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 5/10/2021) (js)
|
| Filing 72 ANSWER to Complaint. Document filed by Cynthia Brann, City Of New York, Tanisha Mills, Patsy Yang..(Kruk, Carolyn) |
| Filing 71 ***SELECTED PARTIES***ANSWER to #52 Amended Complaint,. Document filed by Cynthia Brann, Patsy Yang, Tanisha Mills, City Of New York, Michael J. Lee.Motion or Order to File Under Seal: #70 .(Kruk, Carolyn) |
| Filing 70 LETTER MOTION to Seal Answer to Select Paragraphs of Plaintiff's Third Amended Complaint addressed to Magistrate Judge Stewart D. Aaron from Carolyn Kruk dated May 7 2021. Document filed by Cynthia Brann, City Of New York, Tanisha Mills, Patsy Yang..(Kruk, Carolyn) |
|
Filing 69
MEMO ENDORSEMENT on re: #68 Status Report filed by Michael J. Lee. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/6/2021) (kv)
|
| Filing 68 STATUS REPORT. (Joint Status Report) Document filed by Michael J. Lee..(Bishop, Ivory) |
|
Filing 67
MEMO ENDORSEMENT on re: #66 Status Report filed by Tanisha Mills, Cynthia Brann, City Of New York. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 4/28/2021) (js)
|
| Filing 66 STATUS REPORT. (Joint Status Report) Document filed by Cynthia Brann, City Of New York, Tanisha Mills..(Kruk, Carolyn) |
|
Filing 65
MEMO ENDORSEMENT on re: #64 Status Report filed by Tanisha Mills, Cynthia Brann, City Of New York, Patsy Yang. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 4/22/2021) (js)
|
| Filing 64 STATUS REPORT. (Joint Status Report) Document filed by Cynthia Brann, City Of New York, Tanisha Mills, Patsy Yang..(Kruk, Carolyn) |
|
Filing 63
STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIALITY AND DISCLOSURE...regarding procedures to be followed that shall govern the handling of confidential material... So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 4/21/2021) (js)
|
| Filing 62 PROPOSED PROTECTIVE ORDER. Document filed by Cynthia Brann, City Of New York, Tanisha Mills, Patsy Yang..(Kruk, Carolyn) |
|
Filing 61
MEMO ENDORSEMENT on re: #60 Status Report filed by Tanisha Mills, Cynthia Brann, City Of New York, Patsy Yang. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 4/13/2021) (js)
|
| Filing 60 STATUS REPORT. (Joint Status Report) Document filed by Cynthia Brann, City Of New York, Tanisha Mills, Patsy Yang..(Kruk, Carolyn) |
|
Filing 59
ORDER granting #58 Letter Motion for Extension of Time to Answer re #58 CONSENT LETTER MOTION for Extension of Time to File Answer and Joint Status Report on Informal Discovery addressed to Magistrate Judge Stewart D. Aaron from Carolyn Kruk dated April 2 2021. ENDORSEMENT: Application Granted. So Ordered. Cynthia Brann answer due 5/7/2021; Tanisha Mills answer due 5/7/2021; Patsy Yang answer due 5/7/2021. (Signed by Magistrate Judge Stewart D. Aaron on 4/2/2021) (js)
|
| Filing 58 CONSENT LETTER MOTION for Extension of Time to File Answer and Joint Status Report on Informal Discovery addressed to Magistrate Judge Stewart D. Aaron from Carolyn Kruk dated April 2 2021. Document filed by Cynthia Brann, City Of New York, Tanisha Mills, Patsy Yang..(Kruk, Carolyn) |
|
Filing 57
ORDER: IT IS NOW, THEREFORE, ORDERED AS FOLLOWS: By mail or email, CHS shall provide a complete copy of Plaintiff Michael Lee's medical records in its possession, including those records relating to any mental health, HIV, and substance use disorder treatment, to Plaintiff's counsel, Baker & Hostetler, c/o Ivory Bishop, Jr., at 45 Rockefeller Plaza, 14th Floor, New York, New York 10111 or ibishop@bakerlaw.com. Pursuant to agreement of counsel, Plaintiff's counsel shall redact information relating to any mental health, and substance use disorder treatment, and then produce a copy to Defendants' counsel for use in the litigation. This order will remain in place for the duration of this litigation. Accordingly, if required and upon request, CHS shall provide Defendants' counsel with an updated copy of Plaintiff's medical record, subject to the redaction agreement above. Pursuant to N.Y. Mental Hygiene Law 33.13(c)(1), the Court finds that the interests of justice significantly outweigh the need for confidentiality in the production of this medical record. Plaintiff's medical records shall be used solely for purposes of this litigation, and may not be disclosed without consent of the Court or pursuant to a confidentialityand/or protective order agreed to by the parties. It is SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/01/2021) (ama)
|
| Filing 56 PROPOSED ORDER. Document filed by Michael J. Lee..(Bishop, Ivory) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #56 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 55 ELECTRONIC SUMMONS ISSUED as to Tanisha Mills..(pc) |
| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Case Management Conference held on 3/24/2021. (kl) |
|
Filing 54
ORDER: Following a telephone conference with the parties this afternoon, it is hereby Ordered that, no later than Friday, April 2, 2021, the parties shall file a joint letter providing a status update on the matters discussed during todays conference. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 3/24/2021) (js)
|
| Filing 53 REQUEST FOR ISSUANCE OF SUMMONS as to Tanisha Mills, re: #52 Amended Complaint,. Document filed by Michael J. Lee..(Bishop, Ivory) |
| Filing 52 THIRD AMENDED COMPLAINT amending #25 Amended Complaint against Cynthia Brann, Tanisha Mills, The City of New York, Patsy Yang with JURY DEMAND.Document filed by Michael J. Lee. Related document: #25 Amended Complaint. (Attachments: #1 Consent of Opposing Counsel to Refile).(Bishop, Ivory) |
|
Filing 51
ORDER: The Court has reviewed the Third Amended Complaint filed yesterday evening. The parties shall appear for a remote conference in this case tomorrow, March 24, 2021, at 2:00 p.m., to address next steps, including the possibility of expedited discovery. At the scheduled time, the parties shall separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Conference set for 3/24/2021 at 02:00 PM before Magistrate Judge Stewart D. Aaron. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
|
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ivory Leon Bishop, Jr. to RE-FILE re: Document No. #49 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Cynthia Brann must be added to the docket; The amended pleading was filed incorrectly on the due date set by the court, therefore Court's leave or consent from opposing parties will be required before re-filing the Amended Complaint. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ivory Leon Bishop, Jr. to RE-FILE Document No. #50 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 50 REQUEST FOR ISSUANCE OF SUMMONS as to Tanisha Mills, re: #49 Amended Complaint. Document filed by Michael J. Lee..(Bishop, Ivory) |
| Filing 49 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR THIRD AMENDED COMPLAINT amending #25 Amended Complaint against Cynthania Brann, The City of New York, Patsy Yang, Tanisha Mills with JURY DEMAND.Document filed by Michael J. Lee. Related document: #25 Amended Complaint..(Bishop, Ivory) Modified on 3/23/2021 (sj). |
|
Filing 48
ORDER granting #47 Letter Motion for Leave to File Document. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 3/11/2021) (kv)
|
| Filing 47 LETTER MOTION for Leave to File Amended Complaint and Request to Adjourn the Injunctive Relief Briefing Schedule and Opposition Deadline to Defendant's Partial Motion to Dismiss addressed to Magistrate Judge Stewart D. Aaron from Ivory L. Bishop dated March 11, 2021. Document filed by Michael J. Lee..(Bishop, Ivory) |
| Set/Reset Deadlines: Amended Pleadings due by 3/22/2021. Motions due by 3/22/2021. (kv) |
| Filing 46 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED, Summons and Complaint served. Margaret Egan, served on 2/25/2021, answer due 3/18/2021. Service was accepted by Betty Mazyck, Clerk, New York City Law Dept. Document filed by Michael J. Lee. (sc) Modified on 3/10/2021 (sc). |
| Filing 45 NOTICE OF APPEARANCE by Ivory Leon Bishop, Jr on behalf of Michael J. Lee..(Bishop, Ivory) |
| Filing 44 NOTICE OF APPEARANCE by Jonathan Brian New on behalf of Michael J. Lee..(New, Jonathan) |
| Filing 43 DECLARATION of Michael Lee, re: Injunctive relief in the form of Compassionate Release. Document filed by Michael J. Lee. (sc) |
| Filing 42 LETTER from M. Lee, re: I am writing for permission to have my time extended to "Answer" Defendants' Motion to Dismiss the Complaint. I additionally request the Court to please extend the time to make my "Declaration for Relief". I am pro se and limited in my ability to research etc. Document filed by Michael J. Lee.(sc) |
| Set/Reset Deadlines: Motions due by 3/16/2021. Responses due by 3/22/2021 (kl) |
|
Filing 41
ORDER granting #40 Letter Motion for Extension of Time: Request GRANTED. Plaintiff's motion for injunctive relief due by 3/17/2021. Plaintiff's response to partial motion to dismiss due by 3/22/2021. (Signed by Magistrate Judge Stewart D. Aaron on 2/13/2021) (Aaron, Stewart)
|
| Filing 40 LETTER MOTION for Extension of Time to Respond to Defendants' Partial Motion to Dismiss and to Move for Injunctive Relief in the Form of Compassionate Release or Otherwise addressed to Magistrate Judge Stewart D. Aaron from Ivory L. Bishop, Jr. dated February 12, 2021. Document filed by Michael J. Lee..(Bishop, Ivory) |
| Filing 39 LETTER from Michael Lee, re: I am writing to enclose medical documents(as indicated) as they are pertinent to the 42:1983 Complaint. As far as reliefs that are sought, I request that these documents be forwarded to the honorable judges in my civil case etc. Document filed by Michael J. Lee.(sc) |
| Filing 38 LETTER addressed to Magistrate Judge Stewart D. Aaron from Carolyn Kruk dated February 8, 2021 re: Laws and Executive Orders applicable to DOC's response to COVID19, and Legal resources available to Plaintiff. Document filed by The City of New York. (Attachments: #1 Exhibit A-K).(Kruk, Carolyn) |
| Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 2/1/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv) |
| Filing 36 TRANSCRIPT of Proceedings re: Telephone Conference held on 2/1/2021 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/1/2021. Redacted Transcript Deadline set for 3/11/2021. Release of Transcript Restriction set for 5/10/2021..(kv) |
| Filing 35 CERTIFICATE OF SERVICE of Notice of Motion, Memorandum of Motion to Dismiss, and a copy of all unreported decisions served on Plaintiff Michael Lee on February 5, 2021. Service was made by priority mail. Document filed by Cynthania Brann, Marget Egan, The City of New York, Patsy Yang..(Kruk, Carolyn) |
| Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss Plaintiff's Second Amended Complaint, in part. . Document filed by Cynthania Brann, Marget Egan, The City of New York, Patsy Yang..(Kruk, Carolyn) |
| Filing 33 MOTION to Dismiss Plaintiff's Second Amended Complaint, in part. Document filed by Cynthania Brann, Marget Egan, The City of New York, Patsy Yang..(Kruk, Carolyn) |
| Filing 32 LETTER addressed to Magistrate Judge Stewart D. Aaron from Michael Lee dated 2/4/2021 re: Medical Documents. Document filed by Michael J. Lee.(kl) |
| Mailed a copy of #31 Order, to Michael J. Lee, #3492001663 at Vernon C. Baine Center, 1 Halleck St, 2BA, Bronx, NY 10474. (dsh) |
|
Filing 31
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 volunteers. 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 directly. 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 Plaintiff'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.pdf. 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 2/3/2021) (js) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of #30 Order, Set Deadlines, to Michael J. Lee, #3492001663 at Vernon C. Baine Center, 1 Halleck St, 2BA, Bronx, NY 10474. (dsh) |
| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 2/1/2021. (kl) |
|
Filing 30
ORDER: No later than Friday, February 5, 2021, Defendants shall answer, move or otherwise respond to the Second Amended Complaint ("SAC"). On consent of Defendants' counsel, the Court deems the SAC amended to substitute the City of New York as a Defendant in place of the Department of Corrections. No later than Monday, February 8, 2021, Defendants shall file a letter setting forth: (a) the requirements, if any, set forth by statute, regulation and/or executive order that are applicable to addressing COVID-19 in New York City correctional facilities and the Vernon C. Bain Center ("VCBC") in particular; and (2) what legal resources, if any, are available to a pretrial detainee, such as Plaintiff, regarding habeas relief in state court. The City shall serve a copy of its letter on Plaintiff via express mail or its equivalent. If Plaintiff seeks, from this Court, injunctive relief in the form of compassionate release or otherwise, he shall file papers in support of that motion no later than February 16, 2021. Such papers shall include a sworn declaration regarding Plaintiff's medical condition and the conditions in VCBC. The Clerk of Court is respectfully requested to update the docket to reflect the substitution of Defendant Department of Corrections with the City of New York, as set forth in paragraph 2 above. The Clerk of Court is further requested to mail a copy of this Order to the pro se Plaintiff. So Ordered. Cynthania Brann answer due 2/5/2021; Department of Corrections answer due 2/5/2021; Marget Egan answer due 2/5/2021; Patsy Yang answer due 2/5/2021. The City of New York and The City of New York added. Party Department of Corrections terminated. (Signed by Magistrate Judge Stewart D. Aaron on 2/1/2021) (js) Transmission to Docket Assistant Clerk for processing. Modified on 2/1/2021 (js).
|
| Filing 29 LETTER from Michael Lee, re: I am writing to request whether or not the Court was in receipt or received my Second Amended Complaint dated 12/30/20 or 12/31/20 etc. Moreover, I sent a letter about the recent situation where, as of today(1/15/21), three people have tested positive for COVID-19 virus since 1/12/21. This is not negligent or reckless; this is intentional since the defendants listed in the 42:1983 Complaint were aware for several months prior to the outbreak of COVID-19 infecting persons in my housing unit. Document filed by Michael J. Lee.(sc) |
| Received returned mail re: #19 Order,,,, Mail Order by USPS. Mail was addressed to Michael J. Lee at c/o Michael Nimmons, 64 Sunken Garden Loop, New York, NY 10035 and was returned for the following reason(s): Return To Sender- Not Deliverable As Addressed- Unable To Forward..(ta) |
| Mailed a copy of #28 Order, Set Deadlines/Hearings, to Michael J. Lee, # 3492001663 at Vernon C. Baine Center, 1 Halleck St, 2BA, Bronx, NY 10474. (dsh) |
|
Filing 28
ORDER FOR TELEPHONE CONFERENCE: The Court is in receipt of the enclosed letter from Plaintiff, which was written on January 13, 2021 and received by Chambers today. IT IS HEREBY ORDERED that the Warden or other official in charge of the Vernon C. Baine Center ("VCBC") produce plaintiff Michael J. Lee, 3492001663, on Monday, February 1, 2021 at 10:00 a.m., to a suitable location within the VCBC 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 must: (1) send this Order to the Warden immediately; (2) contact VCBC to arrange the call and determine the telephone number at which Plaintiff will be reachable at the above time and date; and (3) at the scheduled time, call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745 with Plaintiff on the line. During the conference, the Court will address the concerning issues raised in Plaintiff's letter and any interim relief he seeks, as well as the schedule for Defendants to respond to theSecond Amended Complaint. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED., ( Telephone Conference set for 2/1/2021 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 1/21/2021) (ama) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of #27 Order on Motion to Intervene, to Allen Nimmons at 64 Sunken Garden Loop, New York, NY 10035 and to Michael J. Lee,3492001663 at Vernon C. Baine Center, 1 Halleck St, 2BA, Bronx, NY 10474. (dsh) |
|
Filing 27
ORDER denying as moot #20 Motion to Intervene. Accordingly, Mr. Nimmons motion to intervene is DENIED AS MOOT. The Court notes that the change of address memorandum filed in this action at ECF No. 23 pertains to Mr. Nimmons and not to Plaintiff. (Pro Se Mem., ECF No. 23.) The Clerk of Court is directed to file a copy of the memorandum on the docket in Nimmons, 20-cv-10112. The Clerk of Court is further directed to mail a copy of this Order to Plaintiff at the address set forth on the docket and to Mr. Nimmons at the address set forth in ECF No. 23. So Ordered.1/15/2021. (Signed by Magistrate Judge Stewart D. Aaron on 1/15/2021) (js) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
|
| Filing 26 NOTICE OF APPEARANCE by Carolyn Elizabeth Kruk on behalf of Cynthania Brann, Marget Egan, Patsy Yang..(Kruk, Carolyn) |
| Filing 25 SECOND AMENDED COMPLAINT, re: amending #14 Amended Complaint against Cynthia Brann, Department of Corrections, Marget Egan, Patsy Yang with JURY DEMAND.Document filed by Michael J. Lee. Related document: #14 Amended Complaint.(sc) |
| Mailed a copy of #19 Order, to Michael J. Lee, c/o Michael Nimmons, 64 Sunken Garden Loop, New York, NY 10035. (dsh) |
| Received returned mail re: #22 Order. Mail was addressed to Michael J. Lee., c/o Michael Nimmons, 64 Sunken Garden Loop, New York, New York, 10035 and was returned for the following reason(s): Return to Sender Not Deliverable As Addressed Unable To Forward. (vn) |
| Received returned mail re: #7 Order. Mail was addressed to Walter Ware, #4411803480 of Vernon C. Bain Center at 1 Halleck Street, Bronx, NY 10474 and was returned for the following reason(s): Return to Sender, Not Deliverable as Addressed, Unable to Forward. (sha) |
| Received returned mail re: #7 Order. Mail was addressed to Timothy Linares, #5412000200, Vernon C. Bain Center, 1 Halleck Street, Bronx, New York, 10474 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward, RTS. (vn) |
| Filing 24 NOTICE OF APPEARANCE by Carolyn Elizabeth Kruk on behalf of Cynthania Brann..(Kruk, Carolyn) |
| Received returned mail re: #7 Order. Mail was addressed to Raymond Salgado, #1412001188, Vernon C. Bain Center, 1 Halleck Street, Bronx, New York 10474 and was returned for the following reason(s): Return To Sender Undeliverable As Addressed Unable To Froward, Return To Sender. (vn) Modified on 12/11/2020 (vn). |
| Received returned mail re: #7 Order. Mail was addressed to Timothy Ward, #2412001588, Vernon C. Bain Center, 1 Halleck Street, Bronx, New York, 10474 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward, Return To Sender, Discharged. (vn) |
| Filing 23 PRO SE MEMORANDUM, dated 12/7/20 re: CHANGE OF ADDRESS for Michael J. Lee. New Address: c/o Michael Nimmons, 64 Sunken Garden Loop, New York, New York, 10035. (sc) Modified on 12/10/2020 (sc). Modified on 12/10/2020 (sc). |
|
Filing 22
ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff and note service on the docket. Plaintiff is granted leave to file a second amended complaint that complies with the standards set forth above. Plaintiff must submit the second amended complaint to this Courts Pro Se Intake Unit within sixty days of the date of this order, caption the document as an Second Amended Complaint, and label the document with docket number 20-CV-8407 (GBD) (SDA). A Second Amended Complaint form is attached to this Order. No further summons will issue at this time. If Plaintiff fails to comply within the time allowed, and cannot show good cause to excuse such failure, the Court will recommend that the complaint be dismissed for failure to state a claim upon which relief may be granted. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/9/2020) (mml) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of #22 Order, to Michael J. Lee, 3492001663 at Vernon C. Baine Center, 1 Halleck St., 2BA, Bronx, NY 10474. (dsh) |
| Filing 21 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Patsy Yang, served on 11/20/2020, answer due 1/19/2021. Service was made by Mail. Document filed by Michael J. Lee. (sc) |
| Transmission to Docket Assistant Clerk. Transmitted re: #19 Order,,,,, to the Docket Assistant Clerk for case processing..(ama) |
| Filing 20 NOTICE OF MOTION TO INTERVENE. Document filed byAllen Nimmons, a non-party.(sc) |
|
Filing 19
ORDER: Accordingly, the Clerk of Court is directed to open separate civil actions with new docket numbers for the following plaintiffs: Allen Nimmons #3492002662; James Evans #2412001523; Luis Charles #1412002870; Joe Brewton #3492002387; Mario Espinal #3492002562; George Macedon #3492002165; Flores Jose #3492002283; Jonathan Morales #1412002971; Cabral Victor #1412001723; Parris V. Colon #1412002813; Dayquan Johnson #1412002936; Pham Lam #8951901162; and Juan Ortiz #3492002305. A copy of the Amended Complaint (ECF No. 14) and this Order should be docketed in each new case. In addition, a copy of the Amended Complaint should be filed in each of the previously severed cases (see ECF No. 7) and the letters filed by Dayquan Johnson (ECF No. 15), James Evans (ECF No. 16) and Parris V. Colon (ECF No. 17) should be filed in their respective individual cases. The Clerk of Court is directed to mail a copy of this Order to Plaintiff and each of the 13 new plaintiffs listed herein at the following address: Vernon C. Bain Center, 1 Halleck Street, Bronx, New York, 10474, and note service on the docket. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/01/2020) (ama) Modified on 12/22/2020 (ama).
|
| Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. Cynthania Brann waiver sent on 12/1/2020, answer due 2/1/2021. Document filed by Cynthania Brann..(Richardson, Lisa) |
| Transmission to Office of the Clerk of Court. Transmitted re: #19 Order, to the Office of the Clerk of Court for processing. (ama) |
| Filing 17 LETTER from Parris V. Colon re: DECLARATION OF INTENT TO PROCEED AS A PLAINTIFF IN CASE #1:20-CV-8407-GBD-SDA. Document filed by Parris Colon(B/C #141-2002-813)(sc) |
| Filing 16 LETTER from James Evans(ID#241-200-1523), dated 11/18/20 re: Please add me to the Michael J. Lee et al. Class Action, #1:20-cv-08407-GBD-SDA. I am housed in a dorm with 48 detainees. The Six Feet Social Distancing Rule has been violated, and the Covid-19 health threat is harmful. (sc) |
| Filing 15 LETTER from Dayquan Johnson, dated 11/18/20 re: Please add me to the "Michael J. Lee Class Action Lawsuit" because I am housed in a dorm with forty-eight detainees, violating the Covid-19, six feet Social Distance Lawsuit at the Vernon C. Bain Center.(sc) |
| Filing 14 AMENDED COMPLAINT, re: amending #2 Complaint against Cynthania Brann, Department of Corrections, Marget Egan, Patsy Yang with JURY DEMAND.Document filed by Michael J. Lee. Related document: #2 Complaint.(sc) |
|
Filing 13
MEMO ENDORSEMENT on re: #12 Letter, filed by Michael J. Lee. ENDORSEMENT: Plaintiff is advised that, as set forth in the information package mailed to Plaintiff on November 17, 2020 (see ECF No. 11), the Pro Se Manual has been discontinued. However, as this case is still in the early stages, no action is required by Plaintiff at this time. Once the defendants appear in this action and respond to the Complaint, the Court will enter an appropriate Order regarding next steps. Plaintiff may raise this issue again if the library remains closed at the time some action by Plaintiff is required. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/20/2020) (kl) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of #13 Memo Endorsement, to Michael J. Lee, # 3492001663 at Vernon C. Baine Center, 1 Halleck St., 2BA, Bronx, NY 10474. (dsh) |
| Filing 12 LETTER from Michael J. Lee, re: I am writing because the Law Library in V.C.B.C. is closed and access to research Pro Se Prison Litigation for 42:1983 complaints are extremely difficult. I am requesting a Pro Se Litigation Manual to give me a better idea where to go from here. Document filed by Michael J. Lee.(sc) |
|
Filing 11
INFORMATION PACKAGE MAILED to Michael J. Lee 3492001663 Vernon C. Baine Center 1 Halleck St. 2BA Bronx, NY 10474, at, on 11/17/2020 Re: #9 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, order granting IFP, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (aan)
|
| Filing 10 SUMMONS ISSUED as to Marget Egan, Patsy Yang. (aan) |
|
Filing 9
ORDER OF SERVICE: The Clerk of Court is directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Defendant Brann waive service of summons. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Yang and Egan and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is also directed to mail a copy of this order to Plaintiff along with an information package. So Ordered. 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 status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Waiver of Service due by 12/17/2020. (Signed by Magistrate Judge Stewart D. Aaron on 11/17/2020) (js) Transmission to Pro Se Assistants for processing.
|
| Received returned mail re: #7 Order. Mail was addressed to Carlos Bradley, #3102000187, Vernon C. Bain Center, 1 Halleck Street, Bronx, New York 10474 and was returned for the following reason(s): Return To Sender, Discharge. (vn) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/17/2020 Re: Judge George B. Daniels #9 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Marget Egan, Patsy Yang. (aan) |
| Mailed a copy of #7 Order, to Michael J. Lee, #3492001663; Sonny Squire #4102000039; Jonathan Martinez #3492001577; Curtis Clark #1412002253; Christopher DeJesus #1412002246; Dewayne Boone #4412001752; Frank Pagan #3492001603; Jonathan Stevens #1412002119; Paul Reed #1412001725; Josiah Pringle #1412001750; Carlos Bradley #3102000187; Hopeton Prendergast #4411905343; Willie Smith #8951900921; Raymond Salgado #1412001188; Timothy Ward #2412001588; Andre Fonseca #1412002023; Walter Ware #4411803480; Shamar Calloway #4412001754; Keemal Cross #1411710237; Deryck Brown #2411800501; Hakiem Barrow # 8252000054; Devorn Parker #9002000003; Theodore Tucker #3492001370; James Jackson #1411904748; Ricardo Gilcabrera #141200522; Emmanuel Rosario #3492001164; Manuel Velasquez #3482001339; Willet Davidson #3491905326; Darius Batts #3491904664; James Clark #1411709283; Cyril Sheppard #3492002011; Michael Miata #4412000457; Andre Boyd #4411901712; Carl Henley #2411800815; Johnny Blanding #3491907402; Justin Manail #441807062; Noel Fernandez #4411904753; Luis Molina #3001900157; Lester Pearson #3002000233; Gill Graves #3002000211; Timothy Linares #5412000200; Frank Crawley #2412001232; Matthew Karelefsky #1411903366; Rampersaud Persaud #4411904165; Christopher Johnson #3492002320; Morris Tate #2412001025; Eon Struthers #5102000007; Jonathan Weaver #1412001833; Edward Branch #3002000027; and Orlando Plummer #4412001257 at Vernon C. Bain Center, 1 Halleck Street, Bronx, New York, 10474. (dsh) |
|
Filing 7
ORDER: The Court severs the claims of all Plaintiffs under Federal Rule of Civil Procedure 21. Michael J. Lee will proceed as the sole plaintiff in this action. The Clerk of Court is directed to open separate civil actions with new docket numbers for the following plaintiffs: Sonny Squire #4102000039; Jonathan Martinez #3492001577; Curtis Clark #1412002253; Christopher DeJesus #1412002246; Dewayne Boone #4412001752; Frank Pagan #3492001603; Jonathan Stevens #1412002119; Paul Reed #1412001725; Josiah Pringle #1412001750; Carlos Bradley #3102000187; Hopeton Prendergast #4411905343; Willie Smith #8951900921; Raymond Salgado #1412001188; Timothy Ward #2412001588; Andre Fonseca #1412002023; Walter Ware #4411803480; Shamar Calloway #4412001754; Keemal Cross #1411710237; Deryck Brown #2411800501; Hakiem Barrow # 8252000054; Devorn Parker #9002000003; Theodore Tucker #3492001370; James Jackson #1411904748; Ricardo Gilcabrera #141200522; Emmanuel Rosario #3492001164; Manuel Velasquez #3482001339; Willet Davidson #3491905326; Darius Batts #3491904664; James Clark #1411709283; Cyril Sheppard #3492002011; Michael Miata #4412000457; Andre Boyd #4411901712; Carl Henley #2411800815; Johnny Blanding #3491907402; Justin Manail #441807062; Noel Fernandez #4411904753; Luis Molina #3001900157; Lester Pearson #3002000233; Gill Graves #3002000211; Timothy Linares #5412000200; Frank Crawley #2412001232; Matthew Karelefsky #1411903366; Rampersaud Persaud #4411904165; Christopher Johnson #3492002320; Morris Tate #2412001025; Eon Struthers #5102000007; Jonathan Weaver #1412001833; Edward Branch #3002000027; and Orlando Plummer #4412001257. A copy of the Complaint (ECF No. 2) and this Order should be docketed in each new case. The Clerk of Court is directed to mail a copy of this Order to all the plaintiffs at the following address: Vernon C. Bain Center, 1 Halleck Street, Bronx, New York, 10474, and note service on the docket. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 11/9/2020) (js) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
|
|
Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation): All such motions. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge George B. Daniels on 10/29/2020) (jwh)
|
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Vernon C. Bain Center (VCBC) at 1 Halleck Street, Bronx, NY 10474. (dsh) |
|
Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 10/27/2020) (vn) Transmission to Docket Assistant Clerk for processing.
|
| Filing 3 PRISONER AUTHORIZATION. Document filed by Michael J. Lee..(rdz) |
| Filing 2 COMPLAINT against Cynthania Brann, Department of Corrections, Marget Egan, Patsy Yang. Document filed by Michael J. Lee..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael J. Lee..(rdz) |
| Case Designated ECF. (rdz) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
