Davidson v. Department of Corrections et al
| Willet Davidson |
| Department of Corrections, Marget Egan, Patsy Yang, Cynthania Brann, Cynthia Brann and Margaret Egan |
| 1:2020cv09500 |
| November 9, 2020 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Lorna G Schofield |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.
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Filing 50
ORDER granting #49 Letter Motion for Extension of Time to File: Request GRANTED. (Signed by Magistrate Judge Stewart D. Aaron on 1/15/2022) (Aaron, Stewart)
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| Filing 49 FIRST LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated January 14, 2022. Document filed by Cynthia Brann, Margaret Egan, Patsy Yang..(Krist, Brian) |
| Filing 48 LETTER addressed to Magistrate Judge Stewart D. Aaron from W. Davidson, dated 12/13/21 re: I am in receipt of the defendant's letter motion dated on or about 12/1/21, and with all respect provided a time reply, dated on 12/3/21 and provided copies to all relevant parties etc. Once again, the plaintiff is open-minded and consents to any and all needed and necessary conferences seeking settlement in the civil action in order to quickly resolve any further discrepancies for settlement resolution etc. Document filed by Willet Davidson.(sc) |
| Filing 47 LETTER addressed to Magistrate Judge Stewart D. Aaron from W. Davidson, dated 12/3/21 re: This written letter motion is made in response to the defendant, Braan Krist, Assistant Corporation Counsel, dated 11/24/21 which alleges that a number of attempts were made to provide a copy of the Court's order dated 9/15/21, directing intention to dispositive motion or seek settlement conference. Plaintiff's address remains the same since June 2021, and the defendants through their Assistant Corporation Counsel were aware of this fact. Plaintiff seeks no other or further records related to discovery this date etc.. Document filed by Willet Davidson.(sc) |
| Filing 46 LETTER addressed to Magistrate Judge Stewart D. Aaron from Willet Davidson dated 12/15/2021 re: Settlement demand. Document filed by Willet Davidson.(kl) |
| Filing 45 STATUS REPORT. regarding settlement conference Document filed by Cynthia Brann, Margaret Egan, Patsy Yang..(Krist, Brian) |
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Filing 44
MEMO ENDORSEMENT on re: #43 Letter response to Assistant Corporation Counsel Brian Kist's submission dated 11/24/21 which alleges a number of attempts made to provide copies of the Court's Order dated 9/15/21 directing the intention to file dispositive motion seeking a settlement conference. See Exhibit A hereto attached etc. Lastly, this plaintiff is open-minded and consents to any settlement conference with respect to all parties in agreement to this stipulation etc, filed by Willet Davidson. ENDORSEMENT: The Court is in receipt of Plaintiff's letter. No later than December 16, 2021, Defendants shall file a letter indicating whether they wish to participate in a settlement conference prior to filing their motion for summary judgment. The briefing schedule set forth in the Court's November 29, 2021 Order (ECF No. 42) remains in effect. The Clerk of Court is respectfully requested to mail a copy of this Order to pro se Plaintiff. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 12/9/21) (yv) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #44 Memo Endorsement, to Willet Davidson, DIN 21A0603 at Great Meadow Correctional Facility, 11739 State Route 22, P.O. Box 51, Comstock, NY 12821. (dsh) |
| Filing 43 LETTER addressed to Magistrate Judge Stewart D. Aaron from W. Davidson, dated 12/3/21 re: This letter motion is made in response to Assistant Corporation Counsel Brian Kist's submission dated 11/24/21 which alleges a number of attempts made to provide copies of the Court's Order dated 9/15/21 directing the intention to file dispositive motion seeking a settlement conference. See Exhibit A hereto attached etc. Lastly, this plaintiff is open-minded and consents to any settlement conference with respect to all parties in agreement to this stipulation etc. Document filed by Willet Davidson..(sc) |
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Filing 42
MEMO ENDORSEMENT on re: #41 Status Report filed by Cynthia Brann, Margaret Egan, Patsy Yang. ENDORSEMENT: Defendants shall file their anticipated dispositive motion no later than January 14, 2022. No later than February 14, 2022, Plaintiff shall file either his opposition or a letter indicating that he does not intend to file any opposition. Defendants shall file any reply no later than February 28, 2022. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. ( Motions due by 1/14/2022., Responses due by 2/14/2022, Replies due by 2/28/2022.) (Signed by Magistrate Judge Stewart D. Aaron on 11/29/2021) (tg) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #42 Memo Endorsement, Set Deadlines, to Willet Davidson, DIN 21A0603 at Great Meadow Correctional Facility, 11739 State Route 22, P.O. Box 51, Comstock, NY 12821. (dsh) |
| Filing 41 STATUS REPORT. pursuant to ECF 40, concerning parties' intentions Document filed by Cynthia Brann, Margaret Egan, Patsy Yang..(Krist, Brian) |
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Filing 40
ORDER: NOW, THEREFORE, it is hereby ORDERED as follows: discovery (as set forth in the Consent Letter filed by Defendants at ECF No. 38) is GRANTED. The deadline for Plaintiff to seek any additional discovery is extended until November 17, 2021 (the current deadline for the completion of all discovery). As set forth in the Court's prior Order, an extension of the November 17, 2021 deadline shall be granted for good cause shown. No later than November 24, 2021, Defendants shall confer with Plaintiff and file a joint letter indicating whether either side intends to file a dispositive motion and/or whether the parties would like the Court to schedule a settlement conference. 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 9/15/2021) (js) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #40 Order to Willet Davidson, DIN 21A0603 at Great Meadow Correctional Facility, 11739 State Route 22, P.O. Box 51, Comstock, NY 12821. (kh) |
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Filing 39
ORDER ADJOURNING TELEPHONE CONFERENCE: The telephone conference currently scheduled for today at 10:00 a.m. is hereby adjourned to tomorrow, September 15, 2021 at 11:30 a.m. SO ORDERED. (Telephone Conference set for 9/15/2021 at 11:30 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 9/14/2021) (Text Only Order) (kl)
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| Filing 38 CONSENT LETTER addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated September 11, 2021 re: Plaintiff's Unfiled Request for DIscovery Extension. Document filed by Cynthia Brann, Margaret Egan, Patsy Yang. (Attachments: #1 Supplement Copy of Plaintiff's 8-23-21 Letter, #2 Supplement Copy of Plaintiff's 8-19-21 Letter).(Krist, Brian) |
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Filing 37
ORDER: It is hereby Ordered as follows: 1. No later than August 3, 2021, Defendants shall provide to Plaintiff copies of the written discovery from the similar case of Lee v. Dept. of Corrections et al., No. 20-cv-08407. After reviewing such discovery, Plaintiff shall notify Defendants no later than September 3, 2021 if he seeks additional written discovery. 2. Defendants are granted leave to take the deposition of Plaintiff pursuant to Rule 30(a) of the Federal Rules of Civil Procedure. If further authorization is required, Defendants shall submit a proposed form of Order for the Court's approval.3. The deadline for the completion of all discovery is Wednesday, November 17, 2021. An extension of this deadline shall be granted for good cause shown. 4. The Warden or other official in charge of the Great Meadow Correctional Facility ("Great Meadow") shall produce plaintiff Willet Davidson, DIN 21A0603, on September 14, 2021 at 10:00 a.m., to a suitable location within Great Meadow 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 Great Meadow 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. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. ( Discovery due by 11/17/2021. Telephone Conference set for 9/14/2021 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 7/20/2021) (va) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #37 Order, Set Deadlines/Hearings, to Willet Davidson, DIN 21A0603 at Great Meadow Correctional Facility, 11739 State Route 22, P.O. Box 51, Comstock, NY 12821. (dsh) |
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Filing 36
ORDER: The Court has been advised this morning that Great Meadow Correctional Facility ("Great Meadow") is unable to accommodate the telephone conference scheduled for tomorrow, June 30, 2021. Accordingly, it is hereby Ordered that the conference is adjourned until Tuesday, July 20, 2021 at 10:00 a.m. Defendants' counsel must: (1) send this Order to the Warden immediately; (2) contact Great Meadow 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. 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 7/20/2021 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 6/29/2021) (kl) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #36 Order, Set Hearings to Willet Davidson, DIN 21A0603 at Great Meadow Correctional Facility, 11739 State Route 22, P.O. Box 51, Comstock, NY 12821. (kh) |
| Mailed a copy of #35 Order, Set Hearings to Willet Davidson, DIN 21A0603 at 11739 State Route 22, P.O. Box 51, Comstock, NY 12821-0051. (kh) |
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Filing 35
ORDER FOR TELEPHONE CONFERENCE: Having been informed that Plaintiff has been transferred from Downstate Correctional Facility to Great Meadow Correctional Facility (Great Meadow), IT IS HEREBY ORDERED that the Warden or other official in charge of Great Meadow produce plaintiff Willet Davidson, DIN 21A0603, on Wednesday, June 30, 2021 at 10:00 a.m., to a suitable location within Great Meadow 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 Great Meadow 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. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff at the following address: Willet Davidson, DIN 21A0603, 11739 State Route 22, P.O. Box 51, Comstock, NY 12821-0051 and to update his address on the docket. So Ordered. (Telephone Conference set for 6/30/2021 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 6/17/2021) (js) Transmission to Docket Assistant Clerk for processing. Modified on 6/17/2021 (js).
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| Mailed a copy of #34 Order to Willet Davidson, DIN 21A0603 at Downstate Correctional Facility, 121 Red Schoolhouse Road, Box F, Fishkill, NY 12524. (kh) |
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Filing 34
ORDER: Accordingly, it is hereby ORDERED that Plaintiff's requests for injunctive relief at Dkt. No. 13 are denied. 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 in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is respectfully directed to mail a copy of this order to pro se Plaintiff. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/7/2021) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing 33
ORDER: ORDER FOR TELEPHONE CONFERENCE: IT IS HEREBY ORDERED that the Warden or other official in charge of Downstate Correctional Facility ("Downstate") produce plaintiff Willet Davidson, DIN 21A0603, on Wednesday, June 30, 2021 at 10:00 a.m., to a suitable location within Downstate 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 Downstate 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. 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 6/30/2021 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 6/7/2021) (js) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #33 Order, Set Hearings to Willet Davidson, DIN 21A0603 at Downstate Correctional Facility, 121 Red Schoolhouse Road, Box F, Fishkill, NY 12524. (kh) |
| Filing 32 SUPPLEMENTAL LETTER addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated June 3, 2021 re: Suggestion of Mootness of Plaintiff's Motion for Preliminary Injunction Filed as ECF 13. Document filed by Cynthia Brann, Margaret Egan, Patsy Yang..(Krist, Brian) |
| Filing 31 ANSWER to #12 Amended Complaint. Document filed by Cynthia Brann, Margaret Egan, Patsy Yang. (Attachments: #1 Exhibit Exhibit A - Marked Complaint).(Krist, Brian) |
| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 5/6/2021. (kl) |
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Filing 30
ORDER: Following a telephone conference with the parties, it is hereby Ordered as follows: 1. Today, Defendants shall mail to Plaintiff a copy of the endorsed letter filed at ECF No. 22, along with a copy of this Order. 2. No later than June 14, 2021, Plaintiff shall file his reply in support of his motion filed at ECF No. 13. 3. No later than June 3, 2021, Defendants shall file their anticipated motion to dismiss. Plaintiff shall file his opposition no later than July 12, 2021 and Defendants shall file their reply, if any, no later than July 26, 2021. SO ORDERED. (Motions due by 6/3/2021., Responses due by 7/12/2021, Replies due by 7/26/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 5/6/2021) (kl)
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| Filing 29 COUNTER LETTER addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated May 3, 2021 re: Plaintiff's Letter Motion for Extension of Time. Document filed by Cynthia Brann, Margaret Egan, Patsy Yang..(Krist, Brian) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Willet Davidson NYSID: 04883681Q B&C No. 3491925326 Vernon C. Bain Center 1 Halleck St. Bronx, NY 10474 on 4/30/2021. (aan) |
| Filing 28 LETTER from W. Davidson, re: I am writing to the Court to inform it that I never received the Answer from any of the defendants nor did I receive anything from the Court from 2/24/21. V.C.B.C. Mail Room is doing illicit and illegal openings of outgoing and incoming mail(i.e. not being opened in front of detainees)etc. As this is happening to every person who is in V.C.B.C.'s custody, I request a 2-3 month extension so that I can understand what the Answer of defendants was, and to make a reply. Document filed by Willet Davidson.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #28 Letter. Request for Docket Report, from W. Davidson received on 4/28/21. Transmission to Pro Se Assistants for processing. (sc) |
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Filing 27
ORDER granting #26 Letter Motion for Conference re: #26 LETTER MOTION for Conference Regarding Defendants' Planned Motion to Dismiss addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated April 19, 2021. 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. 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 5/6/2021 at 10:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 4/21/2021) (js) Transmission to Docket Assistant Clerk for processing. Modified on 4/21/2021 (js).
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| Mailed a copy of #27 Order on Motion for Conference, to Willet Davidson, NYSID: 04883681Q, B&C No. 3491925326 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (dsh) |
| Filing 26 LETTER MOTION for Conference Regarding Defendants' Planned Motion to Dismiss addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated April 19, 2021. Document filed by Cynthia Brann, Margaret Egan, Patsy Yang..(Krist, Brian) |
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Filing 25
ORDER: In accordance with the Court's February 24, 2021 Order (ECF No. 22), Plaintiff was to file a reply in support of his January 25, 2021 motion (ECF No. 13) no later than March 17, 2021. As of the date of this Order, the Court has not received Plaintiff's reply. It is hereby Ordered that Plaintiff shall file his reply no later than April 27, 2021. If Plaintiff fails to do so, the Court will consider Plaintiff's motion fully briefed. 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 4/6/2021) ( Replies due by 4/27/2021.) (ks) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #25 Order, Set Deadlines, to Willet Davidson, NYSID: 04883681Q, B&C No. 3491925326 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (dsh) |
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Filing 24
ORDER: It is hereby ORDERED that the conference scheduled for March 4, 2021, at 11:00 a.m., is cancelled. The Clerk of Court is respectfully directed to mail a copy of this order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 2/25/2021) (ks) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #24 Order to Willet Davidson, NYSID: 04883681Q, B&C No. 3491925326 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (kh) |
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Filing 23
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Lorna G. Schofield on 2/24/2021) (cf)
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Filing 22
MEMO ENDORSEMENT on re: #21 Letter, filed by Cynthia Brann, Margaret Egan, Patsy Yang. ENDORSEMENT: No later than March 17, 2021, Plaintiff shall file a reply, which shall address any medical conditions that he believes increase his risk from COVID-19. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. So Ordered, (Replies due by 3/17/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 2/24/2021) (js) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #22 Memo Endorsement, Set Deadlines to Willet Davidson, NYSID: 04883681Q, B&C No. 3491925326 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (kh) |
| Filing 21 COUNTER LETTER addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated February 23, 2021 re: Response in Opposition to ECF No. 13 Letter Motion. Document filed by Cynthia Brann, Margaret Egan, Patsy Yang. (Attachments: #1 Exhibit Housing Area Covid Reports).(Krist, Brian) |
| Filing 20 WAIVER OF SERVICE RETURNED UNEXECUTED as to Yang, Egan. Document filed by Margaret Egan, Patsy Yang..(Richardson, Lisa) |
| Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. Cynthia Brann waiver sent on 2/18/2021, answer due 4/19/2021. Document filed by Cynthia Brann..(Richardson, Lisa) |
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Filing 18
ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply re #16 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #15 Order of Service,, for time to oppose Plaintiff's letter motion for injunction addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated FebruaryFIRST LETTER MOTION for Extension of Time to File Plaintiff's medical records from Correctional Health Services addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated February 11, 2021. Application Granted. The Clerk of Court is respectfully requested to mail a copy of this order to the pro se plaintiff. So Ordered ( Responses due by 2/23/2021); granting #16 Letter Motion for Extension of Time to File. (Signed by Magistrate Judge Stewart D. Aaron on 2/12/2021) (js) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #18 Order on Motion for Extension of Time to File Response/Reply, to Willet Davidson, NYSID: 04883681Q, B&C No. 3491925326 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (dsh) |
| Filing 17 NOTICE OF APPEARANCE by Brian Joseph Krist on behalf of Cynthia Brann, Margaret Egan, Patsy Yang..(Krist, Brian) |
| Filing 16 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #15 Order of Service,, for time to oppose Plaintiff's letter motion for injunction addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated February 11, 2021., FIRST LETTER MOTION for Extension of Time to File Plaintiff's medical records from Correctional Health Services addressed to Magistrate Judge Stewart D. Aaron from Brian Krist dated February 11, 2021. Document filed by Cynthia Brann, Margaret Egan, Patsy Yang..(Krist, Brian) |
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Filing 14
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). Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/5/21) (yv)
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| Mailed a copy of #15 Order of Service, to Willet Davidson NYSID: 04883681Q B&C No. 3491925326 Vernon C. Bain Center 1 Halleck St. Bronx, NY 10474. (aan) |
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Filing 15
ORDER OF SERVICE: It is hereby ORDERED that by February 16, 2021, Defendants shall (1) file a response to Plaintiff's request at Docket No. 13 in accordance with the Individual Rules and (2) shall email Plaintiff's BOP medical records to the chambers email address. The Clerk of Court is respectfully directed to (1) notify the New York City Department of Corrections and the New York City Law Department of this Order and (2) mail a copy of this Order to pro se Plaintiff. The Court requests that Patsy Yang, Cynthia Brann and Margaret Egan waive service of summons. ( Waiver of Service due by 3/8/2021.) (Signed by Judge Lorna G. Schofield on 2/5/21) (yv) Transmission to Pro Se Assistants for processing.
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| Filing 13 LETTER from W. Davidson, re: I am writing to request that this Court grant the relief which I sought in my 42:1983 Complaint etc. I request that the relief I am seeking inside my 42:1983 Complaint be granted to protect me from this deadly and very dangerous living condition. This continuous threat from defendants ignores my rights to life and liberty to be protected. Document filed by Willet Davidson.(sc) |
| Mailed a copy of #11 Order for Initial Pretrial Conference to Willet Davidson, NYSID: 04883681Q, B&C No. 3491925326 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (kh) |
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Filing 11
ORDER: Initial Conference set for 3/4/2021 at 11:00 AM before Judge Lorna G. Schofield, to be held telephonically in accordance with instructions on the first page of this order, and as further set forth in this order.The clerk is directed to mail a copy of this order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 1/6/2021) (jwh)
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| Transmission to Docket Assistant Clerk. Transmitted re: #11 Order for Initial Pretrial Conference to the Docket Assistant Clerk for case processing. (jwh) |
| Filing 12 SECOND AMENDED COMPLAINT, re: amending #7 Amended Complaint against Cynthia Brann, Margaret Egan, Patsy Yang with JURY DEMAND.Document filed by Willet Davidson. Related document: #7 Amended Complaint.(sc) |
| Magistrate Judge Stewart D. Aaron is so redesignated. (laq) |
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Filing 10
INFORMATION PACKAGE MAILED to Willet Davidson NYSID: 04883681Q B&C No. 3491925326 Vernon C. Bain Center 1 Halleck St. Bronx, NY 10474, on 12/15/2020 Re: #9 Order. 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, 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)
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Filing 9
ORDER: Plaintiff must submit the SAC to this Court's Pro Se Intake Unit within sixty days of the date of this Order, caption the document as a "Second Amended Complaint," and label the document with docket number 20-CV-9500 (LGS). No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and cannot show good cause to excuse such failure, his case will be dismissed for failure to state a claim upon which relief may be granted. The Clerk of Court is respectfully directed to mail to Plaintiff a copy of this Order and an information packet (1) outlining pro se procedures in this District and (2) containing contact information for the Pro Se Intake Unit. (Signed by Judge Lorna G. Schofield on 12/14/2020) (jwh) Transmission to Docket Assistant Clerk for processing. Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Robert W. Lehrburger 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Colleen McMahon is no longer assigned to the case..(wb) |
| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Vernon C. Bain Center at 1 Halleck St., Bronx, NY 10474. (dsh) |
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Filing 6
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 12/2/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 7 AMENDED COMPLAINT amending #2 Complaint against Cynthania Brann, Department of Corrections, Marget Egan, Patsy Yang with JURY DEMAND.Document filed by Willet Davidson. Related document: #2 Complaint. (sac) |
| Filing 5 PRISONER AUTHORIZATION. Document filed by Willet Davidson.(sc) |
| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Willet Davidson.(sc) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: The Clerk of Court is directed to mail a copy of this Order to Plaintiff and note service on the docket. Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. 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). Filing Fee due by 12/16/2020. In Forma Pauperis (IFP) Application due by 12/16/2020. Prisoner Authorization Form due by 12/16/2020. (Signed by Judge Colleen McMahon on 11/16/2020) (Attachments: #1 IFP application, #2 Prisoner Authorization) (ees) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Willet Davidson, NYSID: 04883681Q, B&C No. 3491925326 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (Attachments: # 1 IFP application, # 2 Prisoner Authorization) (dsh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 2 COMPLAINT against Cynthania Brann, Department of Corrections, Marget Egan, Patsy Yang. Document filed by Willet Davidson. (sac) |
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Filing 1
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. (Signed by Magistrate Judge Stewart D. Aaron on 11/9/2020) (sac) Transmission to Docket Assistant Clerk for processing. (Main Document 1 replaced on 11/19/2020) (sac).
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| Case Designated ECF. (sac) |
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