Lebron v. Mrzyglod et al
| Angel D. Lebron, Jr. |
| Michael F. Mrzyglod, Ryder S. Bader, Clifford K. Conselt, William J. Williams, Barry A. Stevens, Ryan A. Kelly, B. Levine, Albert Stack, Brian Fischer and W. Lee |
| 1:2014cv10290 |
| December 31, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Wyoming |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
182
ORDER: On September 16, 2021, the parties informed the Court that they have reached a settlement in the above-captioned matter. (Docket No. 181). Therefore, it is hereby ORDERED, that this action be and hereby is discontinued with prejudice but wi thout costs to any party provided, however, that is settlement is not consummated within thirty (30) days of the date of this order, plaintiff may apply by letter within the thirty-day period for restoration of the action to the calendar of the under signed, in which event the action will be restored. To be clear, any application to reopen must be filed within thirty (30) days of this Order; any application to reopen filed thereafter may be denied solely on that basis. The parties are advised th at if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within thirty (30) days with a request that the agreement be "So Ordered" by the Court. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 9/17/2021) (vfr)
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Filing
180
TRIAL ORDER: The following dates shall apply to the trial of this matter: 1. Jury Selection will be held on October 17, 2021. Trial shall proceed immediately following the completion of a jury selection. 2. Any motions in limine shall be filed by S eptember 22, 2021. 3. Responses to motions in limine must be filed by September 29, 2021. 4. The Final Pre-Trial Conference will be held on October 15, 2021 at 10:00 a.m. in Courtroom 421. The aforementioned papers shall be filed with the Clerk o f Court. Counsel shall simultaneously provide courtesy copies to Chambers. Counsel shall also provide the Court with courtesy copies of all exhibits in both electronic and hard-copy formats, as well as any deposition transcripts to be used at tria l, at least five days prior to the Final Pre-Trial Conference. SO ORDERED. ( Motions due by 9/22/2021., Responses due by 9/29/2021, Final Pretrial Conference set for 10/15/2021 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 9/13/2021) (vfr)
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Filing
156
ORDER terminating 155 Letter Motion for Extension of Time to File The time for the parties to file the items described in Rule 6(B) of this Court's Individual Practices is extended to May 21, 2021. No further extensions will be granted. The restriction pertaining to "[p]ersons who have been released from a federal, state or local jail, prison or other correctional institution" in the Sixth Amended Standing Order does not apply to Plaintiff, as he has not been "released." The parties are reminded to use the full case docket number in every filing in this matter. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 155. SO ORDERED.. (Signed by Judge Philip M. Halpern on 5/14/2021) (ks)
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Filing
152
ORDER: The Southern District of New York has reconfigured courtrooms and other spaces in its courthouses to allow civil jury trials to proceed as safely as possible during the COVID-19 pandemic. Under the centralized calendaring sy stem currently in place for the Hon. Charles L. Brieant Federal Building and Courthouse in White Plains, New York, the Clerks Office schedules up to three jury trials to begin on each day of jury selection: two primary cases and one back-up cas e that may proceed if either of the two primary cases down not go forward. The Clerks Office has notified the Court that this case has been scheduled as the back-up case scheduled to start on June 14, 2021. That means that this case will proceed on June 14, 2021 if either of the two primary cases do not go forward. The case must be trial-ready for that date. If the case cannot proceed on that date, the Court will seek another jury trial date for as soon as possible thereafter. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/29/2021) ( Ready for Trial by 6/14/2021.) (ks)
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Filing
146
ORDER granting 145 Motion for Reconsideration. Application granted. The time for the parties to file their Joint Pretrial Order is extended from December 1, 2020 to December 15, 2020. The conference currently scheduled for December 16, 2020 i s rescheduled to December 22, 2020 at 11:00 a.m. At the time of the scheduled conference, all parties shall call: (888) 398-2342; access code: 3456831. The Clerk of the Court is respectfully directed to terminate the pending motion sequence at Doc. 145. SO ORDERED.. (Signed by Judge Philip M. Halpern on 12/1/2020) (ks)
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Filing
134
STIPULATION OF CONFIDENTIALITY & PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/5/19) (yv)
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Filing
132
ORDER granting 131 CONSENT MOTION to Adjourn Conference currently scheduled for December 10, 2019. Granted. The conference is moved to 1/13/20, at 10:30. SO ORDERED. Status Conference set for 1/13/2020 at 10:30 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 12/2/2019) (jca)
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Filing
125
OPINION AND ORDER: For the foregoing reasons, the Court grants Defendants' Supplemental Motion for Summary Judgment in favor of Defendants Levine and Lee, who should be terminated from the case. The Clerk of Court is respectfully directed to t erminate the pending Motion. (Dkt. No. 118.) The Court will hold a Status Conference on December 10, 2019 at 10:00 a.m. SO ORDERED. W. Lee (of Green Haven Facility) and B. Levine terminated., (Status Conference set for 12/10/2019 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 11/13/2019) (jca) Transmission to Orders and Judgments Clerk for processing.
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Filing
113
OPINION AND ORDER. For the foregoing reasons, the Court grants Defendants' Motion for Summary Judgment with respect to Plaintiff's excessive force claim arising out of the second use of force incident, denies the Motion with respect to Plai ntiff's due process claim, and denies the Motion as to Lee. The Clerk of Court is respectfully directed to terminate the pending Motion. (Dkt. No. 97.) The Court will hold a Status Conference on September 5, 2019 at 10:00 a.m. SO ORDERED. re: [9 7] FIRST MOTION for Summary Judgment filed by W. Lee, Clifford K. Gunselt, William J. Williams, B. Levine, Ryder S. Bader, Michael F. Mrzyglod, Barry A. Stevens, Ryan A. Kelly. (Status Conference set for 9/5/2019 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 7/18/2019) (rjm)
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Filing
63
OPINION & ORDER re: 54 FIRST MOTION to Dismiss Amended Complaint, filed by W. Lee, Brian Fischer, Albert Prack. The Motion is granted in part and denied in part. The claims against Prack and Fischer are dismissed with prejudice. The claim related to Lee's review of Plaintiff's grievances and disciplinary charges is dismissed without prejudice. Should Plaintiff choose to amend his Complaint, he must do so within 30 days of the date of this Order. Any Answer to the Secon d Amended Complaint is due 30 days thereafter. If Plaintiff chooses not to amend his Complaint, Lee's Answer is due within 60 days of the date of this Order. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 54.) SO ORDERED., (Brian Fischer (Commissioner of NYS Dept. of NYS DOCS, individually and in their official capacities) and Albert Prack terminated.) (Signed by Judge Kenneth M. Karas on 1/23/17) (yv)
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