Crichlow v. Fischer et al
| Kevin Damion Crichlow |
| Brian Fischer, Ellen Youssef, John Doe, Robert A. Kirkpatrick, Keenan, Kearney, Szemplenski, K. Herrman, Susan Post, Skubis, Karen Bellamy, Little John Attea, Matthew Mann, Parker, Brain Babcock, Bartels, Daniel Baver, Richard Brooks, Kevin Barlow, Christopher Zaluski, Kathleen Herrmann, Kelly Malcolm, Paul Olszewski, Corey Petties, Hojsan, Gordon Steinagle, William Scott, Jane Doe, George Boucher, P.D. Nurse Practicianer, Clarke, Alicia Humig, John Young, Doctor Gusman, Terry Houk, Denise Falzon, E. Aversano, Andola, John Does, Simmion, T. Briggs, Allson, B-3 A Officer S.D.U., Rosa, 4 John Does working 1/11/11 to 2/1/11, 91-95, William, Esobar, Friedman, Jamel, Russo, R. Wendland, J. Brewer, M. Conner, Parkhurst, S. Navitsky, Madison, M. Moore, Jennifer Wrest, J. Levitt, Kyle, Verone, Kevin, B. Leifeld, Lapenna, Johnson, Buster, D. Anderson, Mack, Jordan, Artus, Sunshine Environment Service, Inc., Asbestos Construction Group PNC., Jeffrey Arliss, Attorney General, Dept. of Law, The Capital, Albany, New York and K. Wojcieohowski |
| 7:2012cv07774 |
| October 16, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Nelson Stephen Roman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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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
226
ORDER: As set forth on the docket (ECF Nos. 224 and 225, entered on the docket on December 12, 2022), Defendants Perez and Hughes were served on December 2, 2022. This Order memorializes the deadlines that were set at the December 2, 2022 telepho nic status conference. Specifically: 1. By December 19, 2022, Defendants must provide a final update regarding their inquiry into contact information for Defendant Doris Barczak. 2. The deadline to complete service on all Defendants is extend ed to December 27, 2022. Now that Defendants Hughes and Perez have been served, the only Defendant who has not yet been served is Defendant Barczak. 3. The deadline for all Defendants to respond to the Amended Complaint is extended to January 20, 2023. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. Doris Barczak answer due 1/20/2023; John Doe answer due 1/20/2023; John Doe(Grievance Program Director) answer due 1/20/2023; Earl Hughes answer due 1/20/2023; Ada Perez answer due 1/20/2023; Dr. Stolfl answer due 1/20/2023; Ellen Youssef answer due 1/20/2023.( Service due by 12/27/2022.) (Signed by Magistrate Judge Andrew E. Krause on 12/12/2022) (tg)
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Filing
220
ADJOURNMENT ORDER: In light of the extension of the discovery deadlines, the above case previously scheduled for a telephonic Status Conference on October 28, 2022 before U.S. District Judge Nelson S. Roman is hereby adjourned sine die. Defenda nts' counsel is directed to notify this Court in writing within three days of the conclusion of discovery so a telephonic status conference may be scheduled. Defendants' counsel is further directed to mail a copy of this Order to pro se Plaintiff and file proof of service. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/25/2022) (vfr)
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Filing
211
ORDER OF SERVICE: The service address for this defendant is as follows: Dr. Stolfl, D.D.S., Green Haven Correctional Facility, 594 NY-216, Stormville, New York 12582. The Clerk of Court is further instructed to issue a summons with respect t o Defendant Stolfl and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon this defendant. As discussed during the September 2, 2022 conference, Plaintiff also must mail a copy of the sum mons and the Second Amended Complaint to the New York State Department of Corrections and Community Supervision at the following address: New York State Department of Corrections and Community Supervision, The Harriman State Campus, Building 2, 1 220 Washington Avenue, Albany, New York 12226. Accordingly, the deadline to complete service on all newly-named defendants-i.e., Dr. Stolfl, Doris Barczak, Ada Perez, and Earl Hughes-is now December 5, 2022. Service cannot be effectuated on Defe ndant Barczak through the U.S. Marshals Service until such time as Plaintiff provides the Court with this defendant's address. The Clerk of the Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Magistrate Judge Andrew E. Krause on 9/6/2022) (ate) Transmission to Pro Se Assistants for processing.
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Filing
204
ORDER OF SERVICE: To allow Plaintiff to effect service on newly-named Defendants Ada Perez and Earl Hughes through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (&q uot;USM-285 form") for each of these defendants. The service addresses for these defendants are as follows: As further set forth by this Order. The Clerk of Court is further instructed to issue summonses with respect to Defendants Perez and Hu ghes and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon these defendants. Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons and complaint be served within 90 days of the date the complaint is filed, the Court hereby extends the time to serve Defendants Perez and Hughes until 90 days from the date of this Order, i.e., until September 29, 2022. If the Second Amended Complaint is not serv ed on Defendants Perez and Hughes within that time, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff's responsibility to request an extension of time for service); see also Murray v. Pataki, 378 F. App'x 50, 52 (2d Cir. 2010) ("As long as the [plaintiff proceeding in forma pauperis] provides the information necessary to identify the defendant, the Marshals' failure to effe ct service automatically constitutes 'good cause' for an extension of time within the meaning of Rule 4(m)."). As discussed during the July 1, 2022 conference with the Court, with respect to newly-named Defendants Dr. Stolfl, D.D.S. and Doris Barczak, service cannot be effectuated through the U.S. Marshals Service until such time as Plaintiff provides the Court with these defendants' addresses. The Court also hereby extends the deadline to complete service on Dr. Stolfl and Ms. Barczak to September 29, 2022. In order for those defendants to be served by September 29, 2022, however, Plaintiff will have to provide their addresses to the Court well in advance of the deadline. The failure to effect proper service on a defendant by the September 29, 2022 deadline may result in the dismissal of Plaintiffs claims against that defendant. Counsel for Defendants failed to appear for the July 1, 2022 status conference before Magistrate Judge Krause. Accordingly, the conference is hereby rescheduled to July 15, 2022 at 10:00 a.m. To access the teleconference, please follow these directions: (1) dial the meeting number: (877) 336-1831; (2) enter the access code: 2751700; and (3) press pound (#) to enter the tel econference as a guest. Should Plaintiff or counsel experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4070. Counsel for Defendants must make arrangements with the appropriate correctional facili ty to have the pro se Plaintiff available via telephone. The Clerk of the Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. ( Service due by 9/29/2022., Telephone Conference set for 7/15/2022 at 10:00 AM before Magistrate Judge Andrew E. Krause.) (Signed by Magistrate Judge Andrew E. Krause on 7/1/2022) (tg)
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Filing
190
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the fo llowing procedures will be followed forthe resolution of discovery disputes: As further set forth by this Order. The Clerk of the Court is respectfully directed to mail a copy of this order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 2/3/2022) (tg) Transmission to Docket Assistant Clerk for processing.
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Filing
188
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting 187 Letter Motion for Discovery. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Joinder of Parties due by 3/15/2022. Amended Pleadings due by 2/24/2022. Non-Expert depositions due by 5/15/2022. Expert depositions due by 9/30/2022. All discovery due by 9/30/2022. The next Case Management Conference is scheduled for 10/28/2022 at 10:00a.m. This conference will be held by AT&T Teleconference. It is the responsibility of counsel for Defendants to make prior arrangements with the appropriate facility to have the Plaintiff participate via telephon e. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. Clerk of Court is directed to mail a cop y of this Order to pro se Plaintiff at the address on ECF, show service on the docket and terminate the motion (ECF No. 187). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/31/2022) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
178
ORDER granting 172 Motion for Reconsideration re 172 MOTION for Reconsideration. filed by Kevin Damion Crichlow, 177 MOTION to Vacate 171 Order of Dismissal, filed by Kevin Damion Crichlow ; granting 177 Motion to Vacate 172 MOTION for Reconsideration., 177 MOTION to Vacate 171 Order of Dismissal. Therefore, Plaintiff's motion to vacate the dismissal is GRANTED. The Clerk of the Court is respectfully directed to reopen the action as to Defendants Doc tor Ellen Youssef, Superintendent of Downstate John Doe, and Grievance Program Director John Doe. The parties are directed to appear for a telephonic status conference on December 3, 2021 at 3:00 PM. It is Defendants' responsibility to make prior arrangements with the appropriate facility to have Plaintiff participate via telephone. To access the telephonic conference, please follow these instructions: (1) Dial the meeting number: (877) 336-1839; (2) enter the Access Code: 1231334#; ( 3) press pound (#) to enter the conference as a guest. The Clerk of Court is directed to terminate the motions at ECF Nos. 172 & 177, mail a copy of this order to pro se Plaintiff at the address on ECF, mail a copy of this order to the New York State Attorney General's Office at 28 Liberty St. NY, NY 10005, and show service on the docket. (Signed by Judge Nelson Stephen Roman on 11/12/2021) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing
176
ORDER: On August 24, 2021, pro se Plaintiff filed a letter (ECF No. 174), and the Court noticed that the return address differs from that on the docket. Therefore, the Clerk of the Court is kindly directed to change Plaintiff's address to South port Correctional Facility, P.O. Box 2000, Pine City, NY, 14871-2000, DIN: 08-A-3511, and resend a copy of ECF No. 175 to this address. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/27/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
173
MEMO ENDORSED ORDER with respect to 172 Motion for Reconsideration re 172 MOTION for Reconsideration. filed by Kevin Damion Crichlow. ENDORSEMENT: On May 19, 2021, the Court issued an Order instructing Plaintiff to show cause in writing on or before June 18, 2021 as to why this action should not be dismissed for want of prosecution. (ECF No. 170.) On May 20, 2021, the Clerk of the Court mailed a copy of the Order to Plaintiff at his address on the docket. On June 22, 2021, follow ing no response from Plaintiff, the Court issued an Order dismissing the action. (ECF No. 171.) On June 23, 2021, the Clerk of the Court mailed a copy of the Order to Plaintiff at his address on the docket. On July 21, 2021, the Court received a motion for reconsideration from Plaintiff (attached, ECF No. 172) indicating that Plaintiff never received the Court's May 19, 2021 Order to Show Cause and reasserting the merits of Plaintiff's action. Defendants are directed to respond to Plaintiff's motion on or before August 5, 2021. The Clerk of the Court is kindly directed to mail a copy of this endorsement to pro se Plaintiff and show service on the docket. SO ORDERED.. (Signed by Judge Nelson Stephen Roman on 7/22/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
171
ORDER:On May 19, 2021, the Court issued an Order to Show Cause directing Plaintiff Kevin Crichlow to show cause in writing on or before June 18, 2021 why his claims against Defendant should not be dismissed for want of prosecution pursu ant to Federal Rule of Civil Procedure 41(b). (ECF No. 170.)Plaintiff has not responded to the Order to Show Cause. Therefore, this case is dismissed without prejudice for want of prosecution. The Clerk of the Court is kindly directed to mail a copy of this Order to pro se Plaintiff at the address on ECF, and to show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/22/2021) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
164
OPINION & ORDER re: 146 MOTION for Preliminary Injunction filed by Kevin Damion Crichlow, 151 MOTION for Extension of Time filed by Kevin Damion Crichlow, 140 MOTION LETTER MOTION to Amend Complaint filed by Kevin Damion Crichl ow. For the foregoing reasons, the Plaintiff's motion to amend his complaint is DENIED; Plaintiff's motion for a preliminary injunction is DENIED; and Plaintiff's motion for an extension of time in which to file his seconded amended co mplaint is also DENIED. The Clerk of Court is respectfully directed to terminate the motions at Docket Nos. 140, 146, and 151. In addition, the Clerk of Court is respectfully directed to dismiss the Defendants listed above in Section VI, Dismissal of Some Defendants (on pages 16-18 of this Opinion), from this case. Finally, Plaintiff is ordered to show cause by March 13, 2015, as to why this matter should not be transferred to the District Court for the Western District of New York, as to the r emaining defendants. 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 purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/13/2015) (mml)
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