Falls v. Campbell et al
| Raiquan Ko Falls |
| E. Campbell, A. Pullen, Goodenough, Cardwell and Correction Officer John Doe |
| 1:2017cv00035 |
| January 3, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Orange |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
144
ORDER: Accordingly, the Court orders as follows: (1) Defendants' counsel must serve and file a statement noting death in accordance with Rule 25, i.e., by serving it on the parties as provided in Rule 5 and on nonparties as provided in Rule 4, by March 19, 2021; and (2) if Plaintiff still wants to proceed with his claims against the Estate of Lieutenant Penney, Plaintiff must, within 90 days of being served with the statement noting death, serve on Ms. Lagitch a motion to substitute K athleen Penney, as Executor of the Estate of Lieutenant Penney, in place of Lieutenant Penney, and then file the motion with the Court along with a certificate of service. Plaintiff is cautioned that [i]f the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed. Fed. R. Civ. P. 25(a)(1) (emphasis added). Defendants' counsel is directed to serve a copy of this Order upon Plaintiff by email and regular mail and to file proof of service on the docket., (Service due by 3/19/2021.) (Signed by Magistrate Judge Andrew E. Krause on 3/15/2021) (nb)
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Filing
132
ORDER: This case was reassigned to the undersigned on October 15, 2020, following the retirement of Judge Lisa Margaret Smith on September 30, 2020. During the final status conference held by Judge Smith on September 23, 2020, because the Court was informed that Plaintiff was due to be released from prison on October 15, 2020, the Court directed Plaintiff to provide the Court with his updated contact information upon his release. See Docket Sheet, Minute Entry for 09/23/2020. It was the Courts understanding at that time that Defendants counsel planned to depose Plaintiff, as well as have Plaintiff undergo an independent medical examination (IME) following his release, and therefore it was essential that Plaintiff keep both the Court and De fendants counsel informed of his new contact information. Nonetheless, it is clear from the docket that Plaintiff has failed to provide updated contact information to the Court, and Defendants counsel has informed the Court that she also does not hav e current contact information for Plaintiff. See ECF No. 130 (letter from Defendants counsel, attached hereto). Defendants counsel has also informed that Court that Plaintiff also did not appear for either his deposition, which had been scheduled for November 5, 2020, or his IME, which had been scheduled for November 17, 2020; Plaintiff had previously received notice of these dates, and confirmed that he had received such notice during the September 23, 2020 telephone conference. See ECF No. 130 . The Court has undertaken efforts to identify Plaintiffs new address. By no later than December 22, 2020, Plaintiff must: (1) contact Defendants counsel by telephone at 845-291- 3150 to reschedule his deposition and IME; and (2) provide both Defenda nts counsel and the Court with his updated contact information. The deadline for Plaintiffs deposition and IME is hereby extended by 60 days, from December 4, 2020, to February 2, 2021. Defendants counsel is directed to submit a letter via ECF on or before December 23, 2020 to advise the Court as to whether Plaintiff has contacted her and the dates for the rescheduled deposition and IME. Once again, the Court instructs Plaintiff that it is his responsibility to keep the Court informed of his lat est contact information and that any failure to do so might result in the Court dismissing his case for failure to prosecute. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff at 11 Liberty Street, Newburgh, New York 12550. If this is, in fact, the proper address for Plaintiff, Plaintiff must take the necessary steps to update his address on file with the Court. (Deposition due by 2/2/2021.) (Signed by Magistrate Judge Andrew E. Krause on 12/1/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing
126
ORDER: Accordingly, Plaintiff's motion for substitution is denied without prejudice to renewal or re-filing following service of the motion on Mrs. Penney and the filing of proof of such service with the Court. Because Plaintiff is incarcerate d and is proceeding in forma pauperis, Defendants' counsel must provide the Court with Mrs. Penney's current address so that the Court may order the U.S. Marshals Service to effect service on Plaintiff's behalf. In the alternative, if Mrs. Penney agrees to being represented by Defendants' counsel, and Defendants' counsel so informs Plaintiff and the Court, then Defendants' counsel can accept service on behalf of Mrs. Penney, in which case Plaintiff shall serve the m otion on Defendants' counsel by mailing her a copy and file proof of such service with the Court. SO ORDERED. A copy of this order is being mailed to the Pro Se Plaintiff by Chambers. (Signed by Magistrate Judge Lisa Margaret Smith on 8/21/2020) (kv)
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Filing
108
RE-SCHEDULING NOTICE: Due to directives provided by the Chief Judge of the United States District Court for the Southern District New York to limit in-person court appearances due to the risk presented by COVID-19, the matter of Falls v. Campb ell, et al, 17-cv-35 (KMK) (LMS) has been rescheduled from an in-person status conference with Pro Se Plaintiff appearing by telephone on Thursday, March 26, 2020, at 11:00 AM before the Hon. Lisa Margaret Smith, United States Magistrate Ju dge, to a telephonic status conference with both parties appearing by telephone on Thursday, March 26, 2020, at 11:00 AM. Plaintiff's counsel is to have Defendant's counsel on the line when contacting Chambers. ( Telephone Conference set for 3/26/2020 at 11:00 AM before Magistrate Judge Lisa Margaret Smith.) (Signed by Magistrate Judge Lisa Margaret Smith on 3/11/2020) Copies Mailed by Chambers. (mro)
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Filing
99
OPINION AND ORDER: For the reasons stated herein, Defendants' Motion To Dismiss is denied. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No.86), and mail a copy of this Opinion to Plaintiff at the address listed on the docket. The Court will hold an initial conference to set a schedule for discovery on January 8, 2020 at 10:00 a.m. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/21/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
74
OPINION AND ORDER: For the reasons stated above, Defendants' Motion To Dismiss is granted. Plaintiff's claims against Orange County are dismissed with prejudice. Plaintiff's due process claims based on the outcome of his July 2016 disc iplinary hearings are dismissed without prejudice, with leave to replead "so that he may provide factual allegations describing the conditions of his [keeplock] confinement...that he claims would support a finding of atypical and significant har dship." Dawkins, 646 F. Supp. 2d at 607. If Plaintiff wishes to file a third amended complaint repleading his due process claims, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff should include within the third amended complaint any changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. Plaintiff is advised that the third amended complaint will replace, not supplement, the earlier complaints. The third amended co mplaint must contain all of the claims against all Defendants. The Court will not consider factual allegations contained in supplemental letters, declarations, or memoranda. If Plaintiff fails to abide by the 30-day deadline, his due process claims m ay be dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion,(Dkt. No. 56), and mail a copy of this Opinion to Plaintiff at the address listed on the docket. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/18/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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