Garcia v. Heath et al
| Felix Garcia |
| Philip D. Heath, Michael A. Capra and Morris |
| 1:2013cv08196 |
| November 14, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| 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
294
CLERK'S JUDGMENT re: 293 Order in favor of Candice P. Sumpter, Noel F. Morris, Philip D. Heath against Felix Garcia. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 25, 2022 , in light of plaintiffs counsel's letter dated January 24, 2022 (Doc. #292), as well as the fact that the Court previously granted defendants' motion for summary judgment dismissing all of plaintiff Felix Garcia's claims (Docs. #19 5, 213), and pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, final judgment is entered dismissing all claims brought by plaintiff Felix Garcia against all defendants. This judgment shall apply only to plaintiff Garcia. (Signed by Clerk of Court Ruby Krajick on 1/27/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
293
ORDER: In light of plaintiffs counsel's letter dated January,24, 2022 (Doc. #292), as well as the fact that the Court previously granted defendants' motion for summary judgment dismissing all of plaintiff Felix Garcia's claims (Docs. # #195, 213), and pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is directed to enter final judgment dismissing all claims brought by plaintiff Felix Garcia against all defendants. This judgment shall apply only to plaintiff Garcia. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/25/2022) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
275
ORDER: By Order dated May 27, 2021, the Court set July 8, 2021, as the firm trial date in this case, and also scheduled a final pretrial conference for July 1, 2021, at 1:00 p.m. (Doc. #273). On June 1, 2021, the parties filed a joint letter report ing that they had made significant progress towards a global resolution, and requesting a four-week adjournment of the trial date and final pretrial conference to facilitate further efforts to settle the case. (Doc. #274). Although the Court is reluc tant to do so, the parties' application is GRANTED IN PART, in the hope that such an adjournment will provide the best opportunity to resolve this case. However, under the Court's COVID-19 scheduling protocols, including the master calenda ring system now in place, the Court cannot simply adjourn the trial for four weeks. Instead, the Court must adjourn the trial until the fourth quarter of 2021, in other words October 2021 at the earliest. Accordingly, the trial and the final pretrial conference are adjourned sine die. A telephone conference will be held on June 9, 2021 at 12:00 p.m., for the purpose of setting a new tentative trial date, and to address any other case management issues. At the time of the scheduled conference, t he parties shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. (Telephone Conference set for 6/9/2021 at 12:00 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 6/3/2021) (mml)
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Filing
273
ORDER: By Order dated December 28, 2020, the Court tentatively scheduled the trial in this case for July 19, 2021, subject to the Court's COVID-19 scheduling protocols which include a master trial calendaring system. (Doc. #241). In accordance with those scheduling protocols, the parties are advised that the tentative trial date of July 19, 2021, is rescheduled to July 8, 2021. To be clear, jury selection and trial are now scheduled to begin on July 8, 2021, at 9:30 a.m., absent further C ourt Order. This is a firm date. In addition, the final pre-trial conference which is currently scheduled for July 14, 2021 is rescheduled to July 1. 2021, at 1:00 p.m. The final pretrial conference will conducted in-person in a courtroom to be deter mined. By June 2, 2021, counsel shall submit a joint letter confirming that the parties are available and prepared to go to trial on the above schedule., (Final Pretrial Conference set for 7/1/2021 at 01:00 PM before Judge Vincent L. Briccetti., Jury Selection set for 7/8/2021 at 09:30AM before Judge Vincent L. Briccetti., Jury Trial set for 7/8/2021 at 09:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 5/27/2021) (nb)
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Filing
272
ORDER: As discussed at a telephone conference held on the record today and attended by counsel for plaintiffs, Philip D. Heath, and Noel F. Morris, it is HEREBY ORDERED that: By June 1, 2021, counsel shall file a joint letter regarding the status of settlement discussions and mediation. In that letter, counsel shall indicate whether plaintiffs expect more than one incarcerated plaintiff to be present in the courthouse at any one time should this case proceed to trial. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 5/6/2021) (mml)
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Filing
271
ORDER re: 241 Order: Telephone Conference set for 5/6/2021 at 02:30 PM before Judge Vincent L. Briccetti.) At the time of the scheduled conference, all counsel shall attend by calling the following number and entering the access code when requested: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662 Access Code: 1703567. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/27/2021) (vfr)
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Filing
240
CALENDAR NOTICE: PLEASE TAKE NOTICE that the above-captioned case has been scheduled for: Telephone Conference on 12/28/2020 at 9:30 a.m., in Courtroom 620, United States Courthouse, 300 Quarropas Street, White Plains, NY 10601. Call: 888- 363-4749; Access Code: 1703562. All requests for adjournments or extensions of time must be in writing and filed on ECF as letter-motions, in accordance with paragraph 1(F) of the Court's Individual practices. Absent special circumstances, such requests shall be made at least two business days prior to the scheduled appearance. SO ORDERED., ( Telephone Conference set for 12/28/2020 at 09:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 12/16/2020) (ama)
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Filing
226
ORDER: As discussed at a telephone conference held today and attended by counsel for all parties, it is HEREBY ORDERED: 1. By December 1, 2020, the parties shall submit a Joint Pretrial Order, in accordance with Paragraph 4.A of the Courts Individual Practices. 2. By January 4, 2021, the parties shall file proposed voir dire, any motions in limine, joint proposed jury instructions, and a joint verdict form, as further set forth in this order. 3. Oppositions to motions in limine, if any, are du e January 18, 2021. 4. A final pre-trial conference is scheduled for February 3, 2021, at 3:00 p.m. The parties shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 17 03567. 5. Jury selection and trial are tentatively scheduled to begin on February 16, 2021, at 9:00 a.m., subject to the Courts COVID-19 scheduling protocols. (Motions due by 1/4/2021. Pretrial Order due by 12/1/2020. Responses due by 1/18/2021. Jury Selection set for 2/16/2021 at 09:00AM before Judge Vincent L. Briccetti. Telephone Conference set for 2/3/2021 at 03:00 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 8/24/2020) (jwh)
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Filing
214
ORDER re: (22 in 7:14-cv-01319-VB) Letter, filed by Eleggua Osun Elufe. Plaintiff, Eleggua Osun Elufe, sent the attached letter to the Court, dated November 12, 2019, and docketed in case no. 14 CV 1319. (Doc. #22). On October 15, 2019, pro bono c ounsel entered their appearances in the consolidated Garcia, et al. v. Heath et al. cases, including Elufe's case. (13 CV 8196, Docs. ##206, 207, 208, 209, 210, 211, 212). By December 3, 2019, pro bono counsel for plaintiffs shall inform the Co urt by letter whether they intend to represent Elufe in any further proceedings, or whether the Court should deem Elufe to be proceeding pro se. The Clerk is directed to mail a copy of this Order to plaintiff Elufe at the address on the docket in case no. 14 CV 1319. (Signed by Judge Vincent L. Briccetti on 11/26/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
213
MEMORANDUM OPINION AND ORDER re: 196 JOINT MOTION for Reconsideration re; 195 Memorandum & Opinion, Add and Terminate Parties, Set Hearings filed by Felix Garcia, Eleggua Osun Elufe. The motion for reconsideration is DENIED. The Clerk is instructed to terminate the motion. (Doc. #196). (Signed by Judge Vincent L. Briccetti on 10/25/2019) (rro)
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Filing
195
OPINION AND ORDER re: 165 FIRST MOTION for Summary Judgment; 152 MOTION for Summary Judgment: The state defendants' motion for summary judgment is GRANTED IN PART AND DENIED IN PART. C.O. Sumpter-Myers' motion for summary judgme nt is DENIED. Claims brought by plaintiffs Garcia, Elufe, and Kazigo are DISMISSED WITH PREJUDICE. Defendants Fischer, Capra, Keyser Jr., and Winship are entitled to summary judgment on plaintiffs' claims for injunctive relief concerning current fire safety and emergency evacuation protocol at Sing Sing. Plaintiffs' only remaining claim is against defendants Heath, Morris, and Sumpter-Myers concerning plaintiffs' emergency evacuation from Housing Block A on April 18, 2011. All cou nsel are directed to appear for an in-person conference in Courtroom 620 at the United States Courthouse in White Plains on October 11, 2019, at 11:30 a.m., at which time the Court will address all remaining case management and scheduling issues as w ell as the question of whether pro bono counsel will remain in the case for trial. The Clerk is directed to (i) terminate plaintiffs Garcia, Elufe, and Kazigo, (ii) terminate defendants Fischer, Capra, Keyser Jr., and Winship, and (iii) terminate the motions (Docs. ##152, 165). (Brian Fischer, Felix Garcia, Malumba Kazigo, William F. Keyser, Jr, Kevin Winship, Michael A. Capra (Superintendent, Sing Sing C.F.) and Eleggua Osun Elufe terminated. Status Conference set for 10/11/2019 at 11:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 9/9/2019) (jwh)
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Filing
75
OPINION AND ORDER re: 62 MOTION to Dismiss . filed by Emil Mejia, Kyle T. Jackson, Sheldon L. Welch, Michael A. Capra, William F. Keyser, Jr., Kevin M Jackson, Kevin Winship, Williams, Maryann Genovese, Daniel Hausrath, Brian Fi scher, Valerie Colon, Barbara Furco, Peter Mendez, Anthony M. Theriault, Richard A. Moss, Philip D. Heath, Noel F. Morris. Defendants' motion to dismiss is DENIED as to claims against defendants Heath and Morris based on the failure to evac uate plaintiffs from Housing Block A properly or in a timely manner on April 18, 2011. Defendants' motion is also DENIED as to claims against defendants Fischer, Capra, Keyser Jr., and Winship for injunctive relief concerning fire safety and emergency evacuation protocol at Sing Sing. Defendants' motion to dismiss is GRANTED as to all other claims against these six defendants, and as to all claims against defendants Mejia, Theriault, Colon, Moss, Walsh, Mendez, Jackson, Hausrath, Genovese, Furco, "Dr. Williams," and Nurses Doe. The Clerk is directed to terminate from this action defendants Emil Mejia, Anthony M. Theriault, Valerie Colon, Richard A. Moss, Sheldon Walsh, Peter Mendez, Kevin M. Jackson, Daniel Hausrath, Maryann Genovese, Barbara Furco, "Dr. Williams," and Nurses Doe. The Clerk is further directed to terminate the motion. (Doc. #62). (Signed by Judge Vincent L. Briccetti on 1/22/2016) (rj)
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