Smolen v. Nevins et al
| Samuel J. Smolen, Jr. |
| Andrew Nevins, Vincent Tyre, John Doe, Jayson T. Duggins, Harrison, K. Laporto, Quandera Quick, Michael A. Capra, Karen Bellamy, Mark Royce, Sherry Izquerdo and Donald Vennettozzi |
| 1:2017cv07494 |
| September 29, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
182
JUDGMENT It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Philip M. Halpern, United States District Judge, the jury having returned a verdict in favor of Defendants, and the Complaint is hereby dismissed. So Ordered. (Signed by Judge Philip M. Halpern on 12/9/2022) (jca)
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Filing
169
ORDER The Court held a final pretrial conference on November 28, 2022 in Courtroom 520. Counsel for all parties appeared. As explained more fully on the record during the appearance, the Court directs as follows: 1. The Joint Pretrial Order at Doc . 157 is deemed amended in that: The parties shall have 15 minutes each to examine C.O. Vincent Tyer and O.R.C. Benjamin Matthew (pages 6-7); Plaintiff's Exhibit 1 begins at Bates Number DEFENDANTS 050 (page 7); Defendants' Exhibit Q be gins at Bates Number DEFENDANTS 0230 (page 8). 2. The parties shall meet and confer to ensure Plaintiffs physical appearance at trial and, accordingly, file a revised Writ of Habeas Corpus Ad Testificandum for the Court's consideration. 3. The parties shall meet and confer regarding the two remaining objections in the Second Amended Proposed Joint Jury Instruction (Doc. 155) and file, by 5:00 p.m. on December 1, 2022, a Third Amended Proposed Joint Jury Instruction, reflecting the Court's conclusions as discussed on the record. (See Transcript). The parties shall also revise the Jury Instruction so that each charge is numbered sequentially. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/29/2022) (jca)
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Filing
150
ORDER denying 128 Motion in Limine. The Court held an in-person pretrial conference on August 3, 2022. Counsel for all parties appeared. As explained more fully on the record during the appearance, the Court directs as follows: 1. Defendan ts' motions in limine (Doc. 128; Doc. 129; Doc. 130; Doc. 149) are denied. 2. The parties shall meet and confer regarding the Court's directives and instructions regarding changes to the First Amended Joint Pretrial Order (Doc. 147) and f ile, by August 26, 2022, a Second Amended Proposed Joint Pretrial Order. 3. The parties shall meet and confer regarding objections in the First Amended Proposed Joint Jury Instruction (Doc. 146) and file, by August 26, 2022, a Second Amended Prop osed Joint Just Instruction. 4. The following questions in the parties' First Amended Proposed Voir Dire (Doc. 145) are denied: III(7); IV(12); V(3)-(4), (7), (24), (27). The remaining questions are granted or granted in substance. 5. The pa rties shall review the Proposed Voir Dire Form provided by the Court during the conference and file, by August 26, 2022, a joint letter informing the Court as to any objections. 6. Binders and flashdrives containing exhibits shall be produced to th e Court no later than November 28, 2022. 7. The Final Pretrial Conference shall proceed at 2:00 p.m. in person, in Courtroom 520 of the White Plains Courthouse, on November 28, 2022. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 128. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/3/2022) (vfr)
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Filing
141
ORDER granting 140 Letter Motion to Adjourn Conference. Application granted. The pre-trial conference scheduled for 7/26/2022 is adjourned to 8/2/2022 at 3:00 p.m. in Courtroom 520 of the White Plains Courthouse. SO ORDERED.. (Signed by Judge Philip M. Halpern on 6/17/2022) Pretrial Conference set for 8/2/2022 at 03:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (ks)
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Filing
120
ORDER: Counsel for defendants and plaintiff pro se appeared today at 11:00 a.m. by telephone for a status conference. Defendants' counsel is directed to promptly serve on plaintiff a copy of this Court's Individual Practices in Civil Cases. The parties are directed to meet and confer to discuss the completion of the remaining pretrial materials in accordance with this Court's Individual Practice Rule 6.B. The parties are further directed to file such pretrial materials by January 14, 2022. As discussed during the conference, the Court will "so-order" the parties' proposed Joint Pretrial Order dated April 22, 2021 and docket it separately, subject to a modification and reduction of the time allotted for witness testimony under Sections IX.A. and IX.B. The Clerk of the Court is requested to mail a copy of this Order to plaintiff. SO-ORDERED. (Signed by Judge Philip M. Halpern on 11/18/2021) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
119
ORDER GRANTING REQUEST FOR PRO BONO COUNSEL granting 115 Application for the Court to Request Counsel. For the foregoing reasons, Plaintiff's Application for the Court to Request Counsel is granted. The Court certifies under 28 U.S.C. 7; 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). The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 115. SO ORDERED.. (Signed by Judge Philip M. Halpern on 10/8/2021) (jca) Modified on 10/8/2021 (jca).
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Filing
114
ORDER: Counsel for defendants and plaintiff pro se appeared today at 11:00 a.m. by telephone for a status conference. By 5:00 p.m. today, defendants are directed to mail a copy of the proposed Joint Pretrial Order that was previously provided by defendants to plaintiff. The parties are directed to meet and confer to discuss the completion of the proposed Joint Pretrial Order. By September 15, 2021, plaintiff is directed to comply with the Courts order to provide comments on the proposed J oint Pretrial Order. No further extensions of time for plaintiff to provide comments on the proposed Joint Pretrial Order will be granted. The next status conference is scheduled for September 16, 2021 at 10:00 a.m. At the time of the scheduled co nference all parties shall call (888) 398-2342; access code: 3456831. The Clerk of the Court is requested to mail a copy of this Order to plaintiff. SO-ORDERED. (Telephone Conference set for 9/16/2021 at 10:00 AM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 8/16/2021) (jca)
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Filing
111
ORDER granting 110 Letter Motion to Adjourn Conference. Application granted. The conference currently scheduled for May 18, 2021 at 12:30 p.m. is adjourned to August 16, 2021 at 11:00 a.m. Defendants shall serve a copy of this Order on Plaintiff, and shall file proof of service by May 21, 2021 at 5:00 p.m. SO ORDERED.. (Signed by Judge Philip M. Halpern on 5/17/2021) Telephone Conference set for 8/16/2021 at 11:00 AM before Judge Philip M. Halpern. (ks)
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Filing
107
ORDER granting 106 Letter Motion for Extension of Time to File. Plaintiff shall file his motion to compel and provide Defendants comments on the Joint Pretrial Order by April 9, 2021. No further extensions will be permitted. Defendants shall respo nd to Plaintiff's motion within 5 days of receipt thereof. The conference scheduled for March 25, 2021 is adjourned until April 26, 2021 at 10:00 a.m. At the time of the scheduled conference all parties shall call (888) 398-2342; access code: 34 56831. Counsel for Defendants is responsible for making all arrangements necessary for Plaintiff to appear by telephone. Defendants shall file the proposed Joint Pretrial Order by April 22, 2021. The Clerk is directed to terminate ECF No. 106 and to mail a copy of this Order to Plaintiff at the address on the docket. SO ORDERED.. (Signed by Judge Philip M. Halpern on 3/17/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
104
ORDER: The Court held a telephonic status conference on February 23, 2021 at 10:00 a.m. Pro se Plaintiff and counsel for Defendants appeared via telephone. Plaintiff was granted permission to file a motion to compel discovery by March 9, 2021 . Plaintiff should identify with specificity the documents he seeks. Defendants shall respond to Plaintiff's letter within 5 days of receipt thereof. Additionally, by March 23, 2021, Plaintiff shall provide Defendants comments on the pro posed Joint Pretrial Order previously provided by Defendants to Plaintiff. Defendants shall file the proposed Joint Pretrial Order via ECF by March 24, 2021 (even if Plaintiff fails to provide comments). The Court shall have a status conference on March 25, 2021 at 10:00 a.m. At the time of the scheduled conference all parties shall call (888) 398-2342; access code: 3456831. Defense counsel shall make all arrangements necessary for the Plaintiff to appear by telephone. Defense counsel is d irected to mail a copy of this Order to Plaintiff and provide proof of service on the docket. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/23/2021) ( Motions due by 3/9/2021., Pretrial Order due by 3/24/2021., Telephone Conference set for 3/25/2021 at 10:00 AM before Judge Philip M. Halpern.) (ks)
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Filing
102
ORDER granting 101 Letter Motion to Adjourn Conference. Application granted. The conference scheduled for February 10, 2021 at 12:00 p.m. is adjourned until February 23, 2021 at 10:00 a.m. At the time of the scheduled conference all parties s hall call (888) 398-2342; access code: 3456831. Defense counsel shall make all arrangements necessary for the Plaintiff to appear by telephone and shall mail a copy of this Order to Plaintiff and provide proof of service on the docket. The Clerk is instructed to terminate ECF No. 101. SO ORDERED.. (Signed by Judge Philip M. Halpern on 2/9/2021) Telephone Conference set for 2/23/2021 at 10:00 AM before Judge Philip M. Halpern. (ks)
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Filing
100
ORDER granting 99 Letter Motion to Adjourn Conference. Application granted. The conference scheduled for February 3, 2021 is adjourned until February 10, 2021 at 12:00 p.m. At the time of the scheduled conference all parties shall call (888) 39 8-2342; access code: 3456831. Defense counsel shall make all arrangements necessary for the Plaintiff to appear by telephone and shall mail a copy of this Order to Plaintiff and provide proof of service on the docket. The Clerk is instructed to terminate ECF No. 99. SO ORDERED. Telephone Conference set for 2/10/2021 at 12:00 PM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 2/2/2021) (kv)
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Filing
98
ORDER terminating 96 Motion to Compel; terminating 96 Motion to Stay. The Court will address the issues raised by Defendants and set a new deadline for submission of the joint pre-trial order during the conference scheduled for February 3, 2021 at 2:00 p.m. The Clerk is instructed to terminate ECF No. 96. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/29/2021) (kv)
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Filing
79
MEMO ENDORSED ORDER terminating 77 Letter Motion to Adjourn Conference; terminating 78 Letter Motion to Adjourn Conference. ENDORSEMENT: The conference scheduled for February 20, 2020, is adjourned to July 15, 2020, at 9:30 a.m. The Clerk i s instructed to terminate the letter motions (Docs. #77, 78) and mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. Case Management Conference set for 7/15/2020 at 09:30 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 1/28/2020) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
73
ORDER FOR THE DEPOSITION OF THE PLAINTIFF: IT IS HEREBY ORDERED that an Assistant Attorney General may take the deposition of plaintiff Samuel Smollen, DIN 85-A-4082, before a notary public, or some other officer authorized to administer oaths by the laws of the United States or of the State of New York, at Sullivan Correctional Facility or any other facility where Samuel Smollen is housed, upon notice to the plaintiff and Superintendent of the correctional facility where he is located, and Plai ntiff is further advised that if he fails to attend and complete his own deposition, the Court may impose sanctions pursuant to Fed. R. Civ. P. 37(d), which may include an order dismissing the complaint in this action. (Signed by Magistrate Judge Judith C. McCarthy on 12/13/2019) (kv)
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Filing
71
ORDER re: 65 Letter, filed by Samuel J. Smolen, Jr.. Accordingly, Plaintiff's application for appointment of counsel is DENIED with leave to renew should circumstances change. See Ramey v. Dept. of Corrections, No. 13 Civ. 17, 2013 WL 1867 342, at *1-2 (S.D.N.Y. May 2, 2013). The Clerk of the Court is respectfully requested to terminate the pending application. (Docket No. 65). SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 12/3/2019) (Attachments: # 1 attachment)(kv)
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Filing
41
OPINION AND ORDER re: 26 FIRST MOTION to Dismiss Notice of Motion. filed by Vincent Tyre, Michael A. Capra, Mark Royce, Donald Vennettozzi, Karen Bellamy, Sherry Izquerdo, Andrew Nevins, Quandera Quick, Jayson T. Duggins, [29 ] MOTION to Dismiss Notice of Motion. filed by Harrison. Defendants' motions to dismiss are GRANTED IN PART and DENIED IN PART. Plaintiff's only surviving claims are the procedural due process claims against Supt. Capra, Dep. Supt. Royce, Ms. Izquerdo, and Ms. Harrison. These defendants shall file answers by February 11, 2019. The Clerk is instructed to terminate the motions (Docs. ##26, 29) and terminate defendants Capt. LaPorto, Vennettozzi, Bellamy, Quick, C.O. Tyre, C.O. Duggins, and Sgt. Nevins. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). (K. Laporto, Andrew Nevins, Quandera Quick (I.G.R.C. Supervisor), Vincent Tyre, Donald Vennettozzi (Dir. Special Housing), Karen Bellamy (C.O.R.C.) and Jayson T. Duggins terminated.) (Signed by Judge Vincent L. Briccetti on 1/28/2019) Copies mailed by Chambers. (rro) Modified on 1/28/2019 (rro).
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