Vasquez v. Rockland County
Plaintiff: Kim Vasquez
Defendant: Rockland County
Case Number: 1:2016cv00895
Filed: February 4, 2016
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: Dutchess
Presiding Judge: Unassigned
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
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Date Filed Document Text
May 19, 2022 Opinion or Order Filing 172 CLERK'S JUDGMENT re: 171 Memorandum & Opinion in favor of Joseph Merla, Shameed Yadali against Kim Vasquez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated Ma y 19, 2022, in light of the foregoing, Defendants motion for summary judgment is GRANTED, Plaintiffs motion for summary judgment is DENIED, and the claims against the Does are dismissed without prejudice sua sponte. The Court certifies under 28 U. S.C. § 1915(a)(3) that any appeal from the Memorandum Opinion and Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that any appellant demonstrates good faith when he seeks review of a nonfrivolous issue; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/19/2022) (Attachments: # 1 Right to Appeal) (km)
December 8, 2021 Opinion or Order Filing 158 ORDER: The Court held a telephonic Case Management Conference on December 8, 2021. Plaintiff, proceeding pro se, and counsel for Defendants appeared. As stated on the record, discovery is complete and all parties intend to move for summary judgmen t. Based upon Plaintiff's representation on the record, the Court construes the letter Plaintiff filed on October 25, 2021 (Doc. 157) as his motion for summary judgment. The parties shall file the remaining motion papers in accordance with the following schedule: (1) Defendants shall serve and file their opposition the Plaintiff's motion for summary judgment as well as their own affirmative motion for summary judgment on or before January 14, 2022; (2) Plaintiff shall serve and f ile his reply in further support of his motion as well as his opposition to Defendants' motion on or before February 25, 2022; and (3) Defendants shall serve and file their reply papers in further support of their motion, if any, on or before March 11, 2022. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Motions due by 1/14/2022., Responses due by 2/25/2022, Replies due by 3/11/2022.) (Signed by Judge Philip M. Halpern on 12/8/2021) (jca) Transmission to Docket Assistant Clerk for processing.
October 5, 2021 Opinion or Order Filing 156 ORDER: In light of the foregoing, the deadline by which all discovery must be completed is extended to and including December 6, 2021. The Court shall hold a telephonic Case Management Conference at 09:30 a.m. on December 8, 2021. At the time of t he conference, all parties shall call (888) 398-2342; access code: 3456831. Counsel for Defendants shall ensure Plaintiff's appearance at the next conference. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Discovery due by 12/6/2021, Telephone Conference set for 12/8/2021 at 09:30 AM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 10/5/2021) (jca)
July 16, 2021 Opinion or Order Filing 151 ORDER: As noted in the Court's May 20, 2021 Order, as there is an appeal in this matter pending before the Second Circuit, this Court will not issue an Order in this matter until after a Mandate issues from the Court of Appeals. (See Doc. 149) . Accordingly, the Case Management Conference scheduled previously for July 21, 2021 is adjourned sine die. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. Counsel for Defendants shall also mail a copy of this Order to Plaintiff and file proof of service on the docket forthwith. (Signed by Judge Philip M. Halpern on 7/16/2021) (nb)
May 20, 2021 Opinion or Order Filing 149 ORDER denying without prejudice to renewal by formal motion 148 Letter Motion to Stay re: 148 LETTER MOTION to Stay Discovery addressed to Judge Philip M. Halpern from Gee Won Cha dated May 19, 2021. As there is an appeal in this matter pending before the Second Circuit, this Court will not issue an Order in this matter until after a Mandate issues from the Court of Appeals. The application is, therefore, denied without prejudice to renew after a Mandate is issued. Th e Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 148 and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/20/2021) (ks) Transmission to Docket Assistant Clerk for processing.
January 12, 2021 Opinion or Order Filing 120 ORDER denying as moot 116 Letter Motion for Discovery. As Defendants mailed Plaintiff copies of the documents sought herein, the application is denied as moot. Furthermore, the Court notes that Defendants have represented that there is no video f rom the New York State Police barracks. (Doc. 118). The Clerk of the Court is respectfully directed to terminate motion sequence pending at Doc. 116 and mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/12/2021) (mml) Transmission to Docket Assistant Clerk for processing.
January 8, 2021 Opinion or Order Filing 117 ORDER with respect to 116 Letter Motion for Discovery. Defendants are directed to serve and file a response to this letter by 5:00 p.m. on January 11, 2021. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/8/2021) (jca) Transmission to Docket Assistant Clerk for processing.
December 21, 2020 Opinion or Order Filing 114 ORDER AUTHORIZING THE DEPOSITION OF INCARCERATED PLAINTIFF: IT IS HEREBY ORDERED, pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), that an Assistant Attorney General may take the deposition of Plaintiff Kim Vasquez, before a notary publi c or some other officer authorized to administer oaths by the laws of the United States or of the State of New York, at the Rockland County Correctional Center, upon notice to Plaintiff and the warden of the correctional facility housing the Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/21/2020) (ks)
October 30, 2020 Opinion or Order Filing 104 ORDER: Based upon the foregoing, Plaintiff's application to file a Fourth Amended Complaint is DENIED. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in fo rma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/30/2020) (ks) Transmission to Docket Assistant Clerk for processing.
October 9, 2020 Opinion or Order Filing 98 ORDER: Accordingly, the Court directs Plaintiff, within thirty days of this Order, to provide the Court with his new mailing address. The Court will dismiss this action without prejudice if Plaintiff fails to provide the Court with an address for service. The Clerk of the Court is respectfully directed to mail a copy of this Order, as well as a copy of the Civil Case Discovery Plan and Scheduling Order (Doc. 93), to Plaintiff at 51 New Hempstead Road, New City, New York 10956. (Signed by Judge Philip M. Halpern on 10/9/2020) (ks) Transmission to Docket Assistant Clerk for processing.
August 5, 2020 Opinion or Order Filing 88 ORDER DENYING REQUEST FOR PRO BONO COUNSEL: Therefore, because the Court does not find any circumstances which warrant the appointment of pro bono counsel at this time, Plaintiff's application must be DENIED without prejudice to renew it at a later stage in the proceedings. For the foregoing reasons, Plaintiff's request for appointment of pro bono counsel is denied.1 Denial of Plaintiff's request is without prejudice to Plaintiff's renewed application later in the ca se. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Counsel for Defendants is instructed to serve a copy of this Order to Plaintiff. The Clerk is instructed to terminate the application (Doc. 87). SO ORDERED. (Signed by Judge Philip M. Halpern on 8/5/2020) (ks)
June 3, 2020 Opinion or Order Filing 85 ORDER: It is Plaintiff's obligation to provide the Court with an address for mail service, see Fed. R. Civ. P. 11(a), and he has not provided an address where he can be served. The Court therefore directs Plaintiff, within thirty days, to provid e the Court with his new mailing address. The Court will dismiss this action without prejudice if Plaintiff fails to provide the Court with an address for service. If Plaintiff wishes to consent to electronic service, Plaintiff should fill out the Consent & Registration Form to Receive Documents Electronically, a copy of which is attached to this order. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/03/2020) (ama)
March 5, 2020 Opinion or Order Filing 75 OPINION & ORDER re: 69 MOTION to Dismiss: For the foregoing reasons, Defendants' motion is GRANTED in part and DENIED in part. Plaintiff's Fourth Amendment claims related to the alleged improper search of Plaintiff's vehicle, th e impoundment of his vehicle after his arrest, and the post-arrest blood draw are dismissed to the extent asserted against Defendants Yadali, Merla, and Trombley. Likewise Plaintiff's Fourteenth Amendment conditions of confinement claim is also dismissed as against the Defendants Yadali, Merla, and Trombley. Plaintiff's Fourth Amendment false arrest claim, as asserted against Defendant Trombley in his supervisory capacity, is also dismissed, but Plaintiff's Fourth Amendment false arrest claim against Defendants Yadali and Merla remains. As previously noted, the Court does not address the sufficiency of any claims asserted against the John Doe defendants at this time. The Court respectfully directs the Clerk of the Court to te rminate the motion at ECF No. 69. The parties are directed to confer, and then complete and submit to the Court the attached case management plan on or before April 20, 2020. The Clerk of the Court is also directed to terminate Defendant Sergeant Ken neth Trombley from this case. The Clerk is further directed to mail copies of this Opinion and Order to prose Plaintiff at the address listed on ECF and to show proof of service on the docket. (Kevin Trombley (New York State Trooper Police Officer) terminated.) (Signed by Judge Nelson Stephen Roman on 3/5/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
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Plaintiff: Kim Vasquez
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Defendant: Rockland County
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