Martinez v. D'Agata et, al
Jason Martinez |
Steven D'Agata, John Doe 1-3, John Doe 4-7 and John Doe 8-12 |
Steven D'Agata and John Doe 1-3 |
John Doe 4-7 and John Doe 8-12 |
7:2016cv00044 |
January 5, 2016 |
US District Court for the Southern District of New York |
White Plains Office |
New York |
Vincent L. Briccetti |
Other Civil Rights |
42 U.S.C. ยง 1932 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 159 ORDER: On April 20, 2021, Plaintiff's counsel filed a status update with the Court and indicated that he would provide another update by May 30, 2021. (Docket No. 158). To date, no further update has been received. Accordingly, Plaintiff is directed to file a status report by no later than February 16, 2022. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 2/2/2022) (vfr) |
Filing 154 ORDER: On December 22, 2020, the Court directed Plaintiff to file an update regarding the status of settlement on January 20, 2021. (Docket No. 153). To date, no update has been received. Plaintiff is directed to immediately comply with the Court's December 22, 2020 Memo Endorsement and file an update by no later than February 3, 2021. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 1/29/2021) (ama) |
Filing 132 TRIAL ORDER, Jury Selection will be held on October 5, 2020 in Courtroom 421. Trial shall proceed immediately following the completion of jury selection. Unless otherwise specified by the Court, trial shall continue each day from 9:00 a.m. until 5:0 0 p.m. Joint Pre-Trial Order, including complete exhibit and witness lists, must be filed by July 24, 2020. Please review the Court's Individual Rules of Practice for further instruction. Counsel shall pre-mark all exhibits. Any motions in li mine shall be filed by August 7, 2020. Responses to motions in limine must be filed by August 14, 2020. Final Pre-Trial Conference will be held on September 14, 2020 at 10:00 a.m. in Courtroom 421. The aforementioned papers shall be filed with t he Clerk of the Court. Counsel shall simultaneously provide courtesy copies to Chambers. Counsel shall also provide the Court with courtesy copies of all exhibits, as well as any deposition transcripts to be used at trial, no later than five days p rior to the Final Pre-Trial Conference. SO ORDERED. ( Motions due by 8/7/2020., Pretrial Order due by 7/24/2020., Responses due by 8/14/2020, Final Pretrial Conference set for 9/14/2020 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy., Jury Trial set for 10/5/2020 at 09:00 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 4/10/20) (yv) |
Filing 125 ORDER: Consistent with the Court's recent standing orders restricting access to the courthouse, effective immediately, all conferences in all civil cases assigned to Judge Briccetti shall be conducted by telephone conference call. Unless othe rwise ordered by the Court, counsel and unrepresented parties shall not attend court in person. It will be the responsibility of counsel to arrange a conference call. At the time of the scheduled conference, once all counsel ( and unrepresented par ties) are on the line, they shall call Chambers at the following number: (914) 390-4166. This Order is subject to revocation at any time. In that event, the Court will notify counsel ( and unrepresented parties) sufficiently in advance of the scheduled conference to allow participants to attend court in person. (Signed by Judge Vincent L. Briccetti on 3/16/2020) (cf) |
Filing 124 ORDER: As discussed at a conference held today, at which counsel for all parties appeared in person, it is HEREBY ORDERED: 1. The matter is adjourned to March 16, 2020, at 2:30 p.m. 2. By February 3, 2020, plaintiff shall serve a settlement demand on defendants. Prior to the conference, the patties shall engage in meaningful settlement discussions. The parties shall come to the March 16 conference prepared to discuss (i) how the Court might assist them in settling the case, and (ii) the scheduling of trial and the dates for pretrial submissions. SO ORDERED. (Status Conference set for 3/16/2020 at 02:30 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 1/27/2020) (mml) |
Filing 123 OPINION AND ORDER re: 103 MOTION for Summary Judgment filed by Anthony Costales, Andrew Frank, Sean Grogan, 110 MOTION for Summary Judgment filed by Mark Hess, Steven D'Agata. Defendants Frank, Grogan, and Cos tales's motion for summary judgment is GRANTED. Defendants D'Agata and Hess's motion for summary judgment is DENIED. Plaintiff's Section 1983 Fourteenth Amendment claim against D'Agata and Hess for deliberate indifference to medical needs will proceed. Plaintiff's claims against Frank, Grogan, and Costales are dismissed. The Court will conduct a status conference on January 27, 2020, at 2:30 p.m. at which time the Court will set a trial date and a schedule for pre trial submissions. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this case, the parties, prior to that date, are directed to discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conduct all further proceedings, including trial, before the assigned Magistrate Judge. The Clerk is instructed to terminate the motions. (Docs. ##103, 110). Sean Grogan, Anthony Costales and Andrew Frank terminated. (Status Conference set for 1/27/2020 at 02:30 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 12/16/2019) (mml) |
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