Thompson v. Booth et al
| Kevin Thompson |
| Booth, Peterson, Salerno, Hill, Garnot, Woods and Vigina |
| 1:2016cv03477 |
| May 9, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Washington |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
241
ORDER denying as moot 239 Application for the Court to Request Counsel. Therefore, Plaintiff's requests for pro bono counsel are DENIED AS MOOT. To the extent Plaintiff seeks the appointment of pro bono counsel on appeal, that request is de nied without prejudice to renew in the appropriate forum, as that application must be made to the U.S. Court of Appeals for the Second Circuit. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be tak en 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 an appellant demonstrates good faith when he seeks review of a nonfrivolous i ssue). The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 239 and mail a copy of this Order to the pro se Plaintiff and a copy to the pro se Defendant Troy Booth at 19920 Foxwood Forest Blvd. Apt. 1208, Humble, TX 77338. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/12/2022) (tg)
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Filing
225
JUDGMENT: IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff Kevin Thompson, also known as James Moore, has Judgment against Defendant Troy L. Booth in the amount of $50,000.00 compensatory damages, and the Clerk of Court is directed to enter this Judgment. SO ORDERED., Troy Booth terminated. (Signed by Judge Philip M. Halpern on 3/29/2022) (ama)
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Filing
217
ORDER: For the foregoing reasons, and the reasons set forth on the record during the March 10, 2022 inquest on damages, judgment shall be entered in Plaintiff's favor against Defendant Booth in the amount of $50,000 compensatory damages . Plaintiff shall submit a judgment within five (5) days from the date hereof. Plaintiff's counsel is directed to serve a copy of this Order on Booth and file proof of service on the docket. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/14/2022) (jca)
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Filing
209
CLERK'S DEFAULT JUDGMENT AS TO LIABILITY in favor of Kevin Thompson against Booth. It is hereby ORDERED, ADJUDGED, AND DECREED, that pursuant to the Courts Order dated December 7, 2021, default judgment is granted on Plaintiff's Cause of Action for violation of the Eighth Amendment due to Excessive Force. Judgment is entered in favor of Plaintiff and against Defendant as to liability only. (Signed by Clerk of Court Ruby Krajick on 12/7/2021) (Attachments: # 1 Right to Appeal) (km)
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Filing
196
ORDER granting 195 Letter Motion for Extension of Time to File. Application granted. Plaintiff, should he be so advised, shall file an order to show cause for default judgment against Defendant Booth by October 8, 2021. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 195. (Signed by Judge Philip M. Halpern on 9/10/2021) (tg)
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Filing
193
ORDER: For the reasons indicated on the record and law cited therein, the Court found that Plaintiff failed to satisfy his burden of production to establish that the administrative grievance process was "unavailable" to him. Williams v. Priatno, 829 F.3d 118, 123 (2d Cir. 2016). Therefore, the Court found that Plaintiff failed to exhaust his administrative remedies as required under the Prison Litigation Reform Act ("PLRA"). Because Plaintiff failed to exhaust his reme dies, this action is dismissed with prejudice as to Defendants Salerno, Garnot, Jordan, and Vigna. The Court grants Plaintiff permission to seek a default judgment on liability with respect to Defendant Booth in accordance with this Court's I ndividual Practices. In doing so, Plaintiff must specify why it is permissible for this case to proceed with respect to Defendant Booth, despite the Court's finding that Plaintiff failed to exhaust his administrative remedies under the PLRA. See transcript. SO ORDERED. Salerno, Vigina, Garnot (CO) and C.O. Jordan terminated. (Signed by Judge Philip M. Halpern on 8/4/2021) (jca)
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Filing
168
MEMORANDUM OPINION AND ORDER re: 152 MOTION for Sanctions Pursuant to Rule 37 with Certificate of Service. filed by Kevin Thompson, 156 MOTION for Summary Judgment . filed by Garnot, Vigina, C.O. Jordan, Salerno., The Represented Defendants' motion for summary judgment is DENIED, Peterson's motion for summary judgment is GRANTED, and Plaintiff's motion for sanctions is GRANTED. The Clerk is directed to terminate Defendant Charlotte Peterson f rom the docket, to strike Defendant Sgt. Booths Answer from the docket (Doc. 113), and to terminate the pending motions (Docs. 152, 156). The Clerk is directed further to mail a copy of this Memorandum Opinion and Order to Defendant Peterson at th e address on the docket and to Defendant Booth at 11 Tillson Avenue, Apartment 2, Highland, NY 12528. The Court shall hold a Case Management Conference on April 7, 2021 at 12:00 p.m. At the time of the scheduled conference all parties shall call ( 888) 398-2342; access code: 3456831.SO ORDERED., Charlotte Peterson terminated., Case Management Conference via telephone set for 4/7/2021 at 12:00 PM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 3/10/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
149
ORDER: The Court shall hold a pre-motion conference on May 11, 2020 at 2:00 p.m. to address summary judgment motion practice as it relates to pro se Defendants Charlotte Peterson and Troy Booth. The briefing schedule set on April 15, 2020 (Doc. 145) is unaffected by the Order.As this case has recently been reassigned to me, the May 11 conference will also give the parties an opportunity to provide the Court an update on the status of this litigation. At the time of the scheduled conferen ce, counsel and pro se Defendants shall call: (888) 398-2342; access code 3456831. Counsel for Plaintiff is instructed to mail a copy of this Order to pro se Defendants and provide proof of service on the docket. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/21/2020) ( Telephone Conference set for 5/11/2020 at 02:00 PM before Judge Philip M. Halpern.) (ks)
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Filing
145
ORDER granting in part and denying in part 143 Letter Motion to Adjourn Conference. Defendants' summary judgment motion is due 6/15/20. While the pandemic is disrupting the normal routine of work, it is likely to continue to do so for the fo reseeable future. Two months is adequate time to prepare the motion in this four-year-old case. Plaintiff's response is due 7/15/20. Defense reply is due 7/29/20. Defendants are to mail this endorsement to Plaintiff and confirm they did so by 4/22/20. (Signed by Judge Kenneth M. Karas on 4/15/20) (yv)
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Filing
140
ORDER ON PLAINTIFF'S MOTION TO COMPEL granting 138 Motion to Compel. AND NOW, this 13 day of Feb., upon consideration of Plaintiffs Motion to Compel, it is hereby ORDERED and DECREED that said Motion is GRANTED. Defendant Sgt. Booth i s ORDERED to appear for his deposition on March 3, 2020 at 10:00 AM at the law offices of Cozen O'Connor, 45 Broadway, Suite 1600, New York, New York 10006 and counsel for Sgt, Booth is ORDERED to serve this Order and inform Sgt. Booth of bis scheduled deposition through all available means, including but not limited to, his last known address, telephone number, and personal email address, if known. BY THE COURT. (Signed by Magistrate Judge Paul E. Davison on 2/13/2020) (ks)
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Filing
136
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/27/2020) (ks)
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