Paulin v. City of Beacon et al
| Rakim Paulin |
| City of Beacon, Richard Sassi, County of Dutchess, Frank Tasciotti, Aprilane Agostino and Terry D. Horner |
| 1:2017cv05105 |
| July 6, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
178
NOTICE OF TELECONFERENCE INFORMATION: For the week of September 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 (#). (As further set forth in this Order.) (Signed by Judge Kenneth M. Karas on 9/3/2021) (cf)
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Filing
170
ORDER: IT IS HEREBY ORDERED, that Defendant, CASE AGENT DETECTIVE RICHARD SASSI, JR., by his attorneys, CATANIA, MAHON, & RIDER, PLLC, has leave of this Court to take the deposition testimony of Inmate Plaintiff, RAKIM PAULIN, pursuant to Rule 30 o f the Federal Rules of Civil Procedure; and it is further ORDERED, that the Warden, or other official in charge of the Gouvemeur Correctional Facility, located at 112 Scotch Settlement Road, Gouvemeur, St. Lawrence County, New York, produce the Plain tiff, RAKIM PAULIN (DIN # 18A0552), on a mutually agreed upon date between the parties herein, on or before, July 9, 2021, in accordance with the deadline of this Courts June 4, 2021, Order (ECF Document Number 168 at a suitable location within the G ouvemeur Correctional Facility, for the purpose of participating in a Court Ordered deposition. Attorneys for the Plaintiff, attorneys for the Defendants, as well as a stenographer, shall also be present for said deposition. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 6/25/2021) (kv)
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Filing
165
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in f rom a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/1/2021) (ks)
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Filing
159
NOTICE OF TELECONFERENCE INFORMATION: For the week of March 15, 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 shal l 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 initi al 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 3/12/2021) (jca)
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Filing
153
NOTICE OF TELECONFERENCE INFORMATION: For the week of February 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 (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shal l 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 init ial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5:00 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 1/29/2021) (jca)
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Filing
152
OPINION AND ORDER re: 140 MOTION to Dismiss . filed by Richard Sassi, Jr. For the foregoing reasons, Defendant's Motion To Dismiss is denied. The Clerk of the Court is respectfully requested to terminate the pending Motion, (Dkt. No. 140), and to mail a copy of this Opinion to Plaintiff. The Court will hold a Status Conference on February 3, 2021 at 10:30am. SO ORDERED. (Status Conference set for 2/3/2021 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 1/14/2021) (jca)
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Filing
111
OPINION AND ORDER re: 51 MOTION to Dismiss the Complaint filed by City of Beacon, 66 MOTION to Dismiss Originally filed 9/20/18 & being refiled at the direction of the Court filed by Richard Sassi, 45 MOTION to D ismiss for Failure to State a Claim filed by Frank Tasciotti, County of Dutchess, 61 FIRST MOTION to Dismiss Plaintiff's Complaint filed by Terry D. Horner. For the foregoing reasons, Defendants' Motions To Dismiss are granted. Because this is the first adjudication of Plaintiffs claims on the merits, the dismissal is without prejudice. See Terry v. Inc. Vill. Of Patchogue, 826 F.3d 631, 633 (2d Cir. 2016) (explaining that "district judges should, as a gen eral matter, liberally permit pro se litigants to amend their pleadings" unless "amendment would be futile" (citation omitted)). Should Plaintiff choose to file a second amended complaint, he must do so within 30 days of this Opinion, addressing the deficiencies identified herein. The second amended complaint will replace, not supplement, the complaint currently before the Court. It therefore must contain all of the claims and factual allegations Plaintiff wishes the Court to con sider. The Court will not consider factual allegations raised in supplemental declarations, affidavits, or letters. If Plaintiff fails to abide by the 30-day deadline, this action could be dismissed with prejudice. The Clerk of the Court is respectf ully requested to terminate the pending Motions, (Dkt. Nos. 45, 51, 61, 66), and to mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/10/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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