Falls v. Pitt et al
| Raiquan K. Falls |
| Pitt, Jane Doe, Canario, Arestin and Santiche |
| 7:2016cv08863 |
| November 15, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Orange |
| Kenneth M. Karas |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
308
ORDER TO PRODUCE: The Court has granted a motion to convert the settlement conference scheduled for October 31, 2023, at 2:30 pm from an in-person conference to a video conference conducted via the Teams platform. Accordingly, it is now ORDERED th at the Orange County NY Correctional Facility at 110 WELLS FARM ROAD, GOSHEN, NY 10924 produce Raiquan Falls for a video conference to be held on October 31, 2023, at 2:30 pm. The Teams video link will be provided by Plaintiff's counsel. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 10/30/2023) (ks)
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Filing
305
ORDER granting 304 Letter Motion to Adjourn Conference. Granted. The parties are to report back to the court after the 10/31/23 conference. So Ordered. (Signed by Judge Kenneth M. Karas on 10/2/23) (yv)
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Filing
303
ORDER RE SETTLEMENT CONFERENCE PROCEDURES granting 299 Letter Motion to Adjourn Conference. This matter is scheduled for an in-person settlement conference before Magistrate Judge Victoria Reznik on October 31, 2023, at 2:30 pm at The Hon. Charle s L. Brieant, Jr. Courthouse, 300 Quarropas St. White Plains, NY in Courtroom 420. The following procedures shall apply. As further set forth by this Order. SO ORDERED. Settlement Conference set for 10/31/2023 at 02:30 PM in Courtroom 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Victoria Reznik. (Signed by Magistrate Judge Victoria Reznik on 9/6/2023) (tg)
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Filing
302
ORDER granting 301 Letter Motion for Extension of Time to File. Both requests are granted. The pre-trial filings are due 10/1/23. The conference is adjourned to 10/5/2023, at 12:00 via teleconference. So Ordered. (Signed by Judge Kenneth M. Karas on 8/29/2023) (tg)
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Filing
298
ORDER RE SETTLEMENT CONFERENCE PROCEDURES: This matter is scheduled for a in person settlement conference before Magistrate Judge Victoria Reznik on August 8, 2023 at 2:30 pm at 300 Quarropas St. White Plains, NY, Courtroom 420. The following pr ocedures shall apply. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 7/12/2023) ( Settlement Conference set for 8/8/2023 at 02:30 PM in Courtroom 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Victoria Reznik.) (ks)
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Filing
296
ORDER granting 295 Letter Motion to Adjourn Conference. The reference to the mediator is withdrawn. The Court will refer the case for settlement purposes to the assigned magistrate judge. The July 20 conference is adjourned to 9/22/2023 at 10:30. So Ordered. (Status Conference set for 9/22/2023 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 7/6/23) (yv)
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Filing
294
ORDER granting 293 Letter Motion for Extension of Time to File. The Pre-Trial submissions are due 9/1/23. If the mediation process is not complete, the Parties may seek an additional adjournment. So Ordered. (Signed by Judge Kenneth M. Karas on 6/16/23) (yv)
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Filing
285
ORDER denying as moot 279 Letter Motion for Discovery. The motion is denied as moot, as Plaintiff has withdrawn the subpoena. The Clerk is respectfully requested to terminate the motion. So Ordered. (Signed by Judge Kenneth M. Karas on 2/16/23) (yv)
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Filing
281
NOTICE OF TELECONFERENCE INFORMATION. For the week of February 13, 2023, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/10/23) (yv)
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Filing
280
ORDER with respect to 279 Letter Motion for Discovery. Plaintiff is to respond to this motion by 2/14/23. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/7/2023) (jca)
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Filing
275
NOTICE OF TELECONFERENCE INFORMATION: For the week of December 12, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designa ted time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counse l involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/09/2022) (tg)
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Filing
269
ORDER granting 268 Letter Motion for Extension of Time to File. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 10/5/22) (yv)
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Filing
265
NOTICE OF TELECONFERENCE INFORMATION: For the week of September 19, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designat ed time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counse l involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling t he above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/16/2022) (tg)
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Filing
259
ORDER GRANTING REQUEST FOR PRO BONO COUNSEL granting 257 Motion re: 257 MOTION TO REQUEST FOR RE-CONSIDERATION IN THE APPOINTMENT OF PRO BONO COUNSEL PURS. TO 28:1915(e)(1). For the foregoing reasons, Plaintiff's Motion for Reconside ration is granted, and the Court therefore also grants Plaintiff's Second Application. The Clerk of Court is directed to attempt to locate pro bono counsel to represent Plaintiff at his upcoming trial described above. The Court advises Plain tiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. If an attorney volunte ers, the attorney will contact Plaintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and Plaintiff should be prepared to proceed with the case without an attorney. 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). SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/6/2022) (tg) Transmission to Office of Pro Se Litigation for processing.
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Filing
253
NOTICE OF TELECONFERENCE INFORMATION: For the week of February 14, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Numb er (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases s hall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For i nitial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. (Signed by Judge Kenneth M. Karas on 2/11/2022) (rro)
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Filing
249
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for a status conference before the Honorable Kenneth M. Karas, United States District Judge, onThursday, February 17, 2022 at 10:00 a.m.NOTICE OF TELECONFERENCE INFORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign(#). Given that much of the Co urt is operating remotely and has limited mail capability, counsel involved in any prose cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. So Ordered. (Signed by Judge Kenneth M. Karas on 2/2/2022) ( Telephone Conference set for 2/17/2022 at 10:00 AM before Judge Kenneth M. Karas.) (ks)
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Filing
246
NOTICE OF TELECONFERENCE INFORMATION: For the week of December 6, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases sh all mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For in itial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/3/2021) (jca)
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Filing
233
NOTICE OF TELECONFERENCE INFORMATION: For the week of November 1, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749; Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). (Signed by Judge Kenneth M. Karas on 11/2/2021) (ate)
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Filing
229
ORDER: The Parties shall submit their joint pre-trial order as well as any pre-trial motions no later than October 4, 2021. The Court will hold a status conference on November 4, 2021 at 10:30 A.M. If Plaintiff wishes to move for the appointment of pro bono counsel, he should file his motion as soon as possible and no later than October 4, 2021. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Motions due by 10/4/2021., Pretrial Order due by 10/4/2021., Status Conference set for 11/4/2021 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 8/27/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
219
NOTICE OF TELECONFERENCE INFORMATION: For the week of May 24, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). (As further set forth in this Order.) (Signed by Judge Kenneth M. Karas on 5/21/2021) (cf)
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Filing
217
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled fora status conference before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, May 25, 2021 at 11:00 a.m. NOTICE OF TELECONFERENCE INFORMA TION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign(#). Given that much of the Court is o perating remotely and has limited mail capability, counsel involved in any prose cases shall mail a copy of this Notice to or otherwise inform the prose party of the above teleconference information. Counsel in any pro se inmate cases shall ensure th at the pro se party is on the line before calling the above-referenced number. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED., ( Status Conference set for 5/25/2021 at 11:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 5/12/2021) (ama) Modified on 5/12/2021 (ama).
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Filing
216
OPINION AND ORDER re: 159 MOTION for Summary Judgment . filed by William Anderson, John Perez, Andres Arestin, Mendez, Michael Pitt, Jonathan Saintiche, Carlos Canario, 173 MOTION for Summary Judgment . filed by Hi llary Durbin-French, Alan Madell, Hillary Durbin, Blanca Lemos. For the reasons stated above, Police Defendants' Motion is granted in part and denied in Part. The Motion is granted with respect to Counts 1, 34, 78, 1216, and 20. With respe ct to Count Two, the Motion is granted as to Plaintiff's Handcuff Claim and Assault Claim, but denied as to Plaintiffs Search Claim. The Motion is denied with respect to Counts Five and 10. Medical Defendants' Motion is granted in part a nd denied in part. The Motion is granted with respect to Counts 1214 and 1620. The Motion is denied with respect to Count 15. Plaintiff's Motion is granted in part and denied in part. With respect to Count Six, the Motion is granted as to the visual body cavity search and denied as to the alleged manual body cavity search. The Motion is denied as to Counts One, Seven, and 10. Accordingly, Counts 1, 34, 78, 1214, and 1620 are dismissed. The Handcuff Claim and Assault Claim within Count Two are also dismissed. Count 15 is dismissed as to Police Defendants only. The Clerk of Court is respectfully directed to terminate the pending Motions, (Dkt. Nos. 159, 173), and mail a copy of this Opinion & Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/26/2021) (jca)
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Filing
206
MEMO ENDORSEMENT denying 205 MOTION Request plaintiff's opposition brief be re-filed re: 159 MOTION for Summary Judgment. ENDORSEMENT: Denied, but Defendants are given weeks to reply to Plaintiffs response. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/30/2020) (jca)
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Filing
203
ORDER granting 202 LETTER MOTION for Extension of Time to File Certificate of Service for Memo Endorsed Letter Nunc Pro Tunc. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/30/2020) (jca)
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Filing
182
ORDER granting 181 Letter Motion for Extension of Time to File. Application to adopt the Rule 56.1 Statement of Co-Defendants is granted. So Ordered. (Signed by Judge Kenneth M. Karas on 7/6/2020) (kv)
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Filing
147
ORDER: For the reasons stated above, Plaintiff's Motion to Amend is granted in part and denied in part. The Court deems the PSAC (henceforth, the "SAC") the operative complaint; however, the Court denies Plaintiff leave to proceed with his claims for retaliation and malicious prosecution (his ninth and eleventh causes of action). As Plaintiff's Motion to Amend has now been resolved, the briefing schedule for Defendants' anticipated Motions for Summary Judgment is no longer stayed. Defendants' Motions are due June 1, 2020. Plaintiff's Response is due July 1, 2020. Defendants' Reply is due July 22, 2020. Plaintiff's renewed Application for the appointment of pro bono counsel is denied withou t prejudice. If circumstances change materially, Plaintiff may renew his request. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Motions due by 6/1/2020, Responses due by 7/1/2020, Replies due by 7/22/2020.) (Signed by Judge Kenneth M. Karas on 5/1/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
109
OPINION & ORDER re: 64 MOTION to Dismiss filed by Alan Madell, Hillary Durbin, Blanca Lemos. For the following reasons, Moving Defendants' Motion To Dismiss is granted. This Opinion does not impact Plaintiff's outstanding claims against the remaining Defendants. Moreover, because this is the first adjudication of Plaintiff's claims against Dr. Madell and Nurse Practitioner Durbin-French on the merits, the dismissal is without prejudice. If Plaintiff wishes to fi le a Second Amended Complaint alleging claims against Dr. Madell and Nurse Practitioner Durbin-French, he must do so within 30 days of the date of this Opinion & Order. Failure to do so might result in dismissal of the claims against Dr. Madell and N urse Lemos with prejudice. Plaintiff should include within that Amended Complaint any changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. The Amended Complaint will replace, not supplement, th e original complaint. The Amended Complaint must contain all of the claims and factual allegations the Plaintiff wishes the Court to consider, including those against Defendants who have not yet filed a Motion To Dismiss. The Court will not consider factual allegations contained in supplemental letters, declarations, or memoranda. The Clerk of the Court is directed to mail a copy of this Opinion & Order to Plaintiff and terminate the pending Motion. (Dkt. No. 64.) SO ORDERED. Party Hillary Durbin and Alan Madell terminated. (Signed by Judge Kenneth M. Karas on 8/8/2018) (mml)
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