Hernandez v. Mueller et al
Plaintiff: Angel Hernandez
Defendant: Susan Mueller, Kathleen Mantaro, Mikhail Gusman and Chung Lee
Case Number: 1:2023cv05661
Filed: June 30, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Loretta A Preska
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 24, 2023 Filing 17 NOTICE OF APPEARANCE by Ryan Edward Manley on behalf of Mikhail Gusman, Chung Lee, Kathleen Mantaro..(Manley, Ryan)
August 16, 2023 Filing 16 ELECTRONIC SUMMONS ISSUED as to Susan Mueller..(jgo)
August 16, 2023 Filing 15 ELECTRONIC SUMMONS ISSUED as to Mikhail Gusman..(jgo)
August 16, 2023 Filing 14 ELECTRONIC SUMMONS ISSUED as to Kathleen Mantaro..(jgo)
August 16, 2023 Filing 13 ELECTRONIC SUMMONS ISSUED as to Chung Lee..(jgo)
August 15, 2023 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Mikhail Gusman, re: #1 Complaint. Document filed by Angel Hernandez..(Agnew, Amy)
August 15, 2023 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Kathleen Mantaro, re: #1 Complaint. Document filed by Angel Hernandez..(Agnew, Amy)
August 15, 2023 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Chung Lee, re: #1 Complaint. Document filed by Angel Hernandez..(Agnew, Amy)
August 15, 2023 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Susan Mueller, re: #1 Complaint. Document filed by Angel Hernandez..(Agnew, Amy)
August 14, 2023 Opinion or Order Filing 8 ORDER: The Court has received the motions to extend the time to serve defendants in the above-captioned matter and the related cases listed below. The time for Plaintiffs to serve defendants in these matters is extended to September 18, 2023. The Clerk of the Court shall close docket number 16. The Clerk of the Court shall also docket this order in each of the following cases and close the motions listed below. Hernandez v. Mueller, 23-cv-5661; close docket number 7. Allah v. Dinello, 23-cv-3286; close docket number 27. Jacks v. Mueller, 23-cv-3288; close docket number 16. Perez v. Dinello, 23-cv-3300; close docket number 22. Reyes v. Dinello, 23-cv-3315; close docket number 12. Bernard v. Dinello, 23-cv-3323; close docket number 19. Crichlow v. Dinello, 23-cv-3386; close docket number 20. Dunbar v. Hammer, 23-cv-3391; close docket number 12. Feder v. Dinello, 23-cv-3392; close docket number 17. Feola v. Mueller, 23-cv-3393; close docket number 13. Frateschi v. Hammer, 23-cv-3394; close docket number 13. Hale v. Mueller, 23-cv-3396; close docket number 9. Wilkerson v. Hammer, 23-cv-3397; close docket number 16. VanGuilder v. Mueller, 23-cv-3398; close docket number 14. Locenitt v. Dinello, 23-cv-3399; close docket number 30; Madison v. Ruiz, 23-cv-3438; close docket number 11; Marcial v. Mueller, 23-cv-3455; close docket number 15; Miller v. Hammer, 23-cv-3462; close docket number 10; Ortiz v. Dinello, 23-cv-3547; close docket number 17. Johnson v. Dinello, 23-cv-3553; close docket number 14. Rivera v. Mueller, 23-cv-3579; close docket number 9. Jacobs v. Mueller, 23-cv-3606; close docket number 12. Oleman v. Hammer, 23-cv-3607; close docket number 16. Williams v. Dinello, 23-cv-3608; close docket number 20. Rivera v. Hammer, 23-cv-3700; close docket number 17. Rosado v. Mueller, 23-cv-3718; close docket number 22. SO ORDERED.Motions terminated: (20 in 1:23-cv-03386-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Kevin Crichlow, (9 in 1:23-cv-03396-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Bryan Hale, (16 in 1:23-cv-03397-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Mali Wilkerson, (17 in 1:23-cv-03700-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Marcos Rivera, (27 in 1:23-cv-03286-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Khalaire Allah, (10 in 1:23-cv-03462-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by McKinley Miller, (12 in 1:23-cv-03315-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Roderick Reyes, (14 in 1:23-cv-03553-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Claudio Johnson, (14 in 1:23-cv-03398-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Christopher Van Guilder, (11 in 1:23-cv-03438-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Donald Madison, (16 in 1:23-cv-03288-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Stephen Jacks, (13 in 1:23-cv-03393-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Elvio Feola, (12 in 1:23-cv-03606-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Alonzo Jacobs, (22 in 1:23-cv-03718-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by John Rosado, (12 in 1:23-cv-03391-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Wilbert Dunbar, (15 in 1:23-cv-03455-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Benjamin Marcial, (9 in 1:23-cv-03579-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Richard Rivera, (19 in 1:23-cv-03323-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Brian Bernard, (17 in 1:23-cv-03547-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Gary Ortiz, (22 in 1:23-cv-03300-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Joseph Perez, (17 in 1:23-cv-03392-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Robert Feder, (7 in 1:23-cv-05661-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Angel Hernandez, (13 in 1:23-cv-03394-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by John Frateschi, (30 in 1:23-cv-03399-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Kiaza Locenitt, (20 in 1:23-cv-03608-LAP) FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. filed by Derrick Williams., ( Service due by 9/18/2023.) (Signed by Judge Loretta A. Preska on 8/14/2023) (tg)
August 11, 2023 Filing 7 FIRST LETTER MOTION for Extension of Time to serve defendants addressed to Judge Loretta A. Preska from A. J. Agnew dated August 11, 2023. Document filed by Angel Hernandez..(Agnew, Amy)
August 10, 2023 Opinion or Order Filing 6 ORDER: granting #4 Letter Motion for Extension of Time to Complete Discovery. The Court has received the parties' letters dated July 30, July 31, and August 1, 2023 in Allen v. Koenigsmann. (Case number 19-CV-8173, dkt. nos. 684, 689, 691, 692.) The discovery deadline in this action and the other the individual liability actions listed below shall be extended to September 15, 2023. The Clerk of the Court shall close docket number 4. The Clerk of the Court shall also docket this order in each of the following cases and close the motions listed below. and as set forth herein. SO ORDERED. Discovery due by 9/15/2023. (Signed by Judge Loretta A. Preska on 8/10/2023) (ama)
July 31, 2023 Filing 5 NOTICE OF APPEARANCE by Joshua Lee Morrison on behalf of Angel Hernandez..(Morrison, Joshua)
July 30, 2023 Filing 4 FIRST LETTER MOTION for Extension of Time to Complete Discovery for request to produce and MWAP request forms addressed to Judge Loretta A. Preska from A. J. Agnew dated July 30, 2023. Document filed by Angel Hernandez..(Agnew, Amy)
July 18, 2023 Opinion or Order Filing 3 ORDER REGARDING SEVERANCE OF CLAIMS AND COLLATERAL ESTOPPEL ISSUES: IT IS HEREBY ORDERED that the severance ordered on the record during the June 13, 2023 conference between the Court and parties, shall proceed as follows: The Plaintiff Class's claims for injunctive and declaratory relief, the full docket to date, and the current operative complaint shall remain under case number 19-cv-8173(LAP) ("Allen I"). as set forth herein. Plaintiffs have also filed a related case statement in the Individual Plaintiff Cases and all shall be accepted as related to Allen I and assigned to this Court. Discovery in the Individual Plaintiff cases shall proceed on the current deadlines set in Allen I with a discovery end date of August 1, 2023. Dispositive motions in the Individual Plaintiff Cases shall be due October 31, 2023 in conformity with the current discovery order in Allen I with the exception of the Brian Bernard and Derrick Williams actions. The Clerk of Court is directed to file this Order in all the cases listed in Paragraph 3 above., ( Discovery due by 8/1/2023., Motions due by 10/31/2023.) (Signed by Judge Loretta A. Preska on 7/18/2023) (ama)
July 7, 2023 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (sgz)
July 7, 2023 CASE ACCEPTED AS RELATED. Create association to 1:19-cv-08173-LAP. Notice of Assignment to follow. (sgz)
July 7, 2023 Magistrate Judge Sarah Netburn 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. (sgz)
July 5, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp)
July 5, 2023 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Amy Jane Agnew. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
July 5, 2023 Case Designated ECF. (gp)
July 5, 2023 CASE REFERRED TO Judge Loretta A. Preska as possibly related to 1:19-cv-8173. (gp)
June 30, 2023 Filing 2 RELATED CASE AFFIRMATION of A. J. Agnew re: that this action be filed as related to 19-cv-8173(LAP). Document filed by Angel Hernandez..(Agnew, Amy)
June 30, 2023 Filing 1 COMPLAINT against Mikhail Gusman, Chung Lee, Kathleen Mantaro, Susan Mueller. (Filing Fee $ 402.00, Receipt Number ANYSDC-27951251)Document filed by Angel Hernandez..(Agnew, Amy)

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Plaintiff: Angel Hernandez
Represented By: Amy Jane Agnew
Represented By: Joshua Lee Morrison
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Defendant: Susan Mueller
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Defendant: Kathleen Mantaro
Represented By: Ryan Edward Manley
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Defendant: Mikhail Gusman
Represented By: Ryan Edward Manley
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Defendant: Chung Lee
Represented By: Ryan Edward Manley
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