Thurmond v. Thomas-Walsh et al
| Kevin Thurmond |
| Avion Thomas-Walsh and Frederick Bernstein |
| 1:2018cv00409 |
| January 16, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
130
CLERK'S JUDGMENT re: 129 Memorandum & Opinion in favor of Avion Thomas-Walsh, Frederick Bernstein against Kevin Thurmond. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated December 30, 2022, Defendants' motion for summary judgment is GRANTED and the Complaint against Defendants is dismissed with prejudice in its entirety; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/30/2022) (tp)
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Filing
129
MEMORANDUM OPINION AND ORDER re: 117 MOTION for Summary Judgment . filed by Frederick Bernstein, Avion Thomas-Walsh. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED and the Complaint against Defe ndants is dismissed with prejudice in its entirety. The Clerk of the Court is respectfully directed to: (i) terminate the motion sequence pending at Doc. 117; (ii) enter judgment in favor of Defendants; (iii) mail a copy of this Memorandum Opinion and Order to Plaintiff; (iv) and close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/30/2022) (jca) Transmission to Orders and Judgments Clerk for processing.
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Filing
115
ORDER denying 108 Motion for Sanctions; denying without prejudice 109 Motion for Summary Judgment. Based on the representations made herein, Plaintiff's request for sanctions is not supported by fact or law, and is therefore denied. Furth er, Plaintiff's cross-motion for summary judgment is denied without prejudice to renewal because (1) Plaintiff filed such motion without first seeking the Court's leave ; and (2) it is premature at this stage. Plaintiff, should he seek to c ross-move for summary judgment, must comply with the Court's Individual Practices Rule 4.E. Defendants' counsel is directed to serve a copy of this Order on Plaintiff and to file proof of service on the docket. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 108 and Doc. 109. So Ordered.. (Signed by Judge Philip M. Halpern on 3/9/2022) (js)
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Filing
111
ORDER with respect to 108 Motion for Sanctions; with respect to 109 Motion for Summary Judgment. On February 16, 2022, the Court granted Defendants' request for leave to move for summary judgment and set a briefing scheduled. (Doc. 106) . On March 4, 2022, Plaintiff filed three documents: (1) this pre- motion letter seeking leave to file a cross-motion for summary judgment (Doc. 110); (2) a statement of material facts in support of his proposed cross-motion for summary judgment (Doc . 109); and (3) a request for sanctions against Defendants' counsel (Doc. 108). Defendants' counsel is directed to file a response to those documents by March 15, 2022. Defendants' counsel is directed to serve a copy of this Order on Plaintiff and to file proof of service on the docket. SO ORDERED.. (Signed by Judge Philip M. Halpern on 3/7/2022) (kv)
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Filing
100
MEMO ENDORSED ORDER with respect to 99 Motion to Compel. ENDORSEMENT: Defendants are directed to respond to this motion by December 2, 2021. The Clerk is directed to mail a copy of this endorsement to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 11/30/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
79
ORDER: For the foregoing reasons, Plaintiff's motion for a protective order preventing the disclosure of his OMH records is denied. Plaintiff is directed to return the executed OMH Release to Defendants by July 2, 2021. If Plaintiff wishes t o appeal this ruling to the Honorable Philip M. Halpern, such a motion should be made to Judge Halpern and not to the undersigned. Furthermore, Plaintiff's motion to compel Defendants to provide him with a copy of his deposition transcript is granted. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 6/24/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
75
ORDER granting 74 Letter Motion to Compel. SO ORDERED. This letter has been referred to me by Judge Halpern to handle the discovery issues. On May 26, 2021, I extended discovery solely relating to Plaintiffs execution of his deposition transcrip t and execution of a HIPPA authorization for his O:MH records. (See Docket No. 71 ). Therefore, discovery remains open relating to these two items. Plaintiff is directed to sign and return the OMH HIPAA authorization to the Defendants by June 18, 20 21. Plaintiff is further directed to review and sign the transcript of his deposition, which he shall return to the Defendants within ten (10) business days of receipt. Plaintiffs motion for leave to move for summary judgment is denied without prejudice as premature. The Clerk is directed to mail a copy of this endorsement to the pro se Plaintiff. (Signed by Magistrate Judge Judith C. McCarthy on 6/7/2021) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
55
MEMORANDUM OPINION AND ORDER denying 43 Motion for Judgment on the Pleadings. Defendants motion for judgment on the pleadings is DENIED. Plaintiff's First Amendment retaliation claim shall proceed to discovery. Pursuant to Magistrate Jud ge McCarthy's directives, Defendants are directed to notify Judge McCarthy within three business days of the date of this Memorandum Opinion and Order that Defendants' motion has been adjudicated. (See June 8, 2020 Entry). The Clerk is directed to terminate the pending motion (Doc. 43) and mail a copy of this Order to Plaintiff at the address provided on the docket. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/7/2021) (ks)
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Filing
53
ORDER: Accordingly, by January 8, 2021, Defendants are directed to file the referenced Declaration of Brenda Clark or to notify the Court that no such Declaration exists. Counsel for Defendants is directed to mail a copy of this Order to Plaintiff at the address provided on the docket and provide proof of service on the docket. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/5/2021) (ks)
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Filing
51
ORDER: In light of Magistrate Judge McCarthy's stay of discovery pending the Court's decision on Defendants' pending motion to dismiss, the Court cancels the July 7, 2020 case management conference. The conference will be rescheduled by the Court after decision on the motion to dismiss and once discovery has concluded. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/1/2020) (ks)
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Filing
34
ORDER granting 33 LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from J. Powers, AAG dated 1/21/2020. Document filed by Frederick Bernstein, Avion Thomas-Walsh. Granted. The conference is moved to 2/4/20, at 10:30. So order ed. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Initial Conference set for 2/4/2020 at 10:30 AM before Judge Kenneth M. Karas). (Signed by Judge Kenneth M. Karas on 1/21/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing
26
OPINION & ORDER re: 21 MOTION to Dismiss pursuant to FRCP 12(b)(6). filed by Frederick Bernstein, Avion Thomas-Walsh. For the foregoing reasons, the Court grants Defendants' Motion To Dismiss with respect to Plaintiffs Eighth Amendment medical deliberate indifference claim, and denies the Motion with respect to Plaintiffs First Amendment retaliation claim. In light of Plaintiffs prose status, and because this is the first adjudication of Plaintiffs claims, his Eighth Amendment claim is dismissed without prejudice. If Plaintiff wishes to file an Amended Complaint alleging additional facts and otherwise addressing the deficiencies identified above, Plaintiff must do so within 30 days of the date of this Opinion a nd Order. Failure to do so will result in the dismissal of this claim with prejudice. Plaintiff is advised that the amended complaint will replace, not supplement, the earlier complaint. The amended complaint must contain all of the claims against all Defendants. The Court will not consider factual allegations contained in supplemental letters, declarations, or memoranda. The Clerk of Court is respectfully direct to terminate the pending Motion, (see Dkt. No. 21 ), and mail a copy of this Opinion and Order to the Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/29/2019) (ks) Transmission to Docket Assistant Clerk for processing.
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