Colindres v. County of Westchester, New York et al
| Marlon Colindres |
| County of Westchester, New York, Westchester Medical Center, Cheryl Archbald, Irma W. Cosgriff, Huang, Laural Skelson, Germaine Jacquette, Miral A. Subhani, Sherlita Amler, John Does and Jane Does |
| 1:2016cv03013 |
| April 22, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Richard J. Sullivan |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
242
ORDER OF DISMISSAL: Accordingly, it is hereby ORDERED that Plaintiff's claims be dismissed without prejudice for want of prosecution. Defendants are directed to mail a copy of this Order to Plaintiff at Plaintiff's last known address and to file proof of service on the docket. The Clerk of Court is respectfully directed to terminate the action. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/29/2023) (tg)
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Filing
215
OPINION & ORDER re: 177 MOTION in Limine to Exclude Pre-Arrest Evidence filed by M. C., 181 MOTION in Limine to Exclude Defendants' Second Expert filed by M. C., 174 MOTION in Limine on behalf of WCDOH D efendants filed by Sherlita Amler, Germaine Jacquette, Laural Skelson, County of Westchester, New York, Cheryl Archbald, Huang, 179 MOTION in Limine to Exclude Five Categories of Evidence That is More Prejudicial than Probative filed by M. C., 184 MOTION in Limine to Preclude Defendants From Calling Witnesses Defendants Did Not Previously Identify filed by M. C. For the foregoing reasons, the Court DENIES Plaintiff's motion to preclude all eviden ce that predates Plaintiff's April 23, 2015 arrest and involuntary hospitalization, (ECF No. 178) and GRANTS in part and DENIES in part Plaintiffs motion to preclude the introduction of statements made by or about Dennis Paterra, (ECF No. 179.) The Court DENIES Defendants' motion for an order precluding evidence of settlement discussions, GRANTS Defendants' motion to preclude Dr. George DiFerdinando's expert testimony, and GRANTS in part and DENIES in part Defendants' mo tion to preclude Plaintiff from requesting a specific amount of damages and any damages from prior to May 23, 2015. (ECF No. 174.) The Court addressed the rest of the parties' motions on the record during the final pretrial conference held on April 8, 2022. (ECF Nos. 177, 181, and 184.) The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 174, 177, 179, 181, and 184. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/13/2022) (mml)
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Filing
165
ORDER granting 163 Letter Motion to Adjourn Conference. The Court is in receipt of the attached letters dated August 4, 2021 and August 5, 2021 seeking to adjourn the trial currently scheduled to begin on October 25, 2021 or November 1, 2021. (ECF Nos. 163, 164.) In subsequent telephonic communications with Chambers, where all parties were represented by counsel, the parties were advised that an adjournment would necessarily result in the instant trial being tentatively scheduled for a date on, or after, April 2022, and counsel represented that they were amenable to certain dates. Counsel were also advised, and the Court repeats here, that the Court is no longer in control of firmly setting trial dates and that the Jury Committ ee now selects which trials will proceed on specific dates with priority being given to criminal cases and civil cases designated as 'back-ups' thereto. The parties' request to reschedule the Jury Trial from October 25, 2021 or, alt ernatively, November 1, 2021 until April 25, 2022 or, alternatively, May 2, 2022 is GRANTED. Jury selection will begin on the morning of the trial date. Due to the rescheduling of the Jury Trial dates, all trial deadlines will likewise be reschedu led. The Joint Pretrial Order shall be submitted on February 18, 2022. Voir dire, request to charge, all proposed jury instructions, proposed verdict sheet, witness lists, exhibits lists and copies of premarked, tabbed exhibits (in binders) (Plain tiff to use number exhibits (e.g., 1, 2, 3); Defendants to use letter exhibits (e.g., A, B, C)) shall be submitted to Chambers on April 11, 2022. Two sets of all the above documents are due the morning of the respective deadline date. Motions in l imine briefing schedule is as follows: Moving papers shall be filed February 25, 2022; Opposition papers shall be filed March 4, 2022; and Reply papers shall be filed March 11, 2022. The parties are directed to provide 2 physical and electronic c ourtesy copies of all motion documents to Chambers as the documents are filed. NO EXTENSIONS WILL BE ENTERTAINED THESE ARE FINAL DATES. The Final Pretrial Conference, to be held via teleconference, is rescheduled from October 15, 2021 to April 8, 2022 at 2:00 pm. The Court encourages the parties to continue discussing settlement, to advise the Court if it can further facilitate settlement discussions, and to keep the Court informed of the status of case. The Clerk of the Court is directed to terminate the Motion at ECF No. 163. SO ORDERED. Final Pretrial Conference set for 4/8/2022 at 02:00 PM before Judge Nelson Stephen Roman.. (Signed by Judge Nelson Stephen Roman on 8/26/2021) (rj)
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Filing
156
CLERK'S JUDGMENT re: 155 Memorandum & Opinion in favor of Westchester Medical Center, Miral A. Subhani against M. C. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated Decembe r 18, 2020, the Defendants' motions for summary judgment are GRANTED in part and DENIED in part. Summary judgment is granted on all of Plaintiff's claims against Defendants Westchester Medical Center and Miral A. Subhani. Summary judgmen t is granted on Plaintiff's Section 1983 Fourth Amendment and substantive due process claims, malicious prosecution claim and false imprisonment claims against the WCDOH Defendants. All claims against John Does #1 - 3 and Jane Does # 1 - 3 ar e dismissed without prejudice. Plaintiff's remaining claims are Section 1983 First Amendment retaliation and state law abuse of process against WCDOH Defendants. Judgment is entered in favor of Defendants Westchester Medical Center and Miral A. Subhani. (Signed by Clerk of Court Ruby Krajick on 12/21/2020) (Attachments: # 1 Right to Appeal) (km)
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Filing
155
OPINION & ORDER re: 132 MOTION for Summary Judgment . filed by Sherlita Amler, Germaine Jacquette, Laural Skelson, County of Westchester, New York, Cheryl Archbald, Huang, 133 FIRST MOTION for Summary Judgment . fi led by Westchester Medical Center. The Defendants' motions for summary judgment are GRANTED in part and DENIED in part. Summary judgment is granted on all of Plaintiff's claims against Defendants Westchester Medical Center and Miral A. Subhani. Summary judgment is granted on Plaintiff's Section 1983 Fourth Amendment and substantive due process claims, malicious prosecution claim and false imprisonment claims against the WCDOH Defendants. All claims against John Does #1 - 3 and Jane Does # 1 - 3 are dismissed without prejudice. Plaintiff's remaining claims are Section 1983 First Amendment retaliation and state law abuse of process against WCDOH Defendants. The Clerk of the Court is respectfully directed to term inate the motions at ECF Nos. 132 and 133, enter judgment in favor of Defendants Westchester Medical Center and Miral A. Subhani, and remove Defendants Westchester Medical Center and Mirnl A. Subhani from the case caption. The remaining parties ar e directed to appear for a telephonic pre-trial conference on February 24, 2021 at 2:00 P.M. To access the telephonic pre-trial conference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 12 31334 #; (3) Press pound (#) to enter the conference as a guest. SO ORDERED., ( Telephone Conference set for 2/24/2021 at 02:00 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 12/18/20) (yv) Transmission to Orders and Judgments Clerk for processing.
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Filing
95
OPINION & ORDER re: 59 MOTION to Dismiss, filed by Westchester Medical Center, 65 FIRST MOTION to Dismiss AMENDED COMPLAINT, filed by Sherlita Amler, Germaine Jacquette, Laural Skelson, Irma W. Cosgriff, County of Westchester, New Yor k, Cheryl Archbald, Huang. For the foregoing reasons, the County Defendants' motion to dismiss the Amended Complaint is GRANTED in part and DENIED in part, and the Medical Defendants' motion to dismiss is also GRANTED in part and DENIED in part. All claims against Defendant Cosgriff are dismissed, as are all federal claims against Defendant Dr. Subhani. Plaintiff's state law claim for Intentional Infliction of Emotional Distress is dismissed without prejudice. All oth er claims in this action remain. The Court respectfully directs the Clerk to terminate the motions at ECF Nos. 59 and 65 and to terminate Defendant Cosgriff from this action. The parties shall appear for a conference on March 27, 2018 at 12:15P M. The parties are directed to complete the attached case management plan and submit a copy to chambers in advance of the scheduled conference. The remaining Defendants are further directed to file an answer to the Amended Complaint before March 27, 2018. (Signed by Judge Nelson Stephen Roman on 3/6/2018) (ras) Modified on 3/6/2018 (ras).
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Filing
73
OPINION & ORDER re: 44 MOTION for Extension of Time to serve certain defendants. filed by M. C. Plaintiff's motion for an extension of time to serve the DOH Defendants is GRANTED. The DOH Defendants' cross-motion to dismiss the Complaint for insufficient service is DENIED. The DOH Defendants are directed to advise Plaintiff's counsel where service should be effected. Plaintiff shall properly effectuate service on or before March 23, 2018. The Court respectfully directs the Clerk to terminate the motion at ECF No. 44. So Ordered., (Service due by 3/23/2018.) (Signed by Judge Nelson Stephen Roman on 2/21/18) (yv)
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