Girard v. Collao et al
| Chauncey Girard |
| Collao, Murphy, Staples, Bentiregna, Eckerson, Korobkova, Griffen, Wongsang, (Joe) and John Doe |
| 1:2018cv02026 |
| March 6, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
110
ORDER granting 108 Letter Motion to Stay re: 108 FIRST LETTER MOTION to Stay Proceedings for 30 Days addressed to Judge Nelson Stephen Roman from Rob Rickner dated 11/11/22. The Court is in receipt of the attached letter from Plaintiff's counsel, dated November 11, 2022 (ECF No. 108) and Defendant's response, dated November 14, 2022. (ECF No. 109.) Plaintiff's counsel explains that he was recently retained, and that counsel has discovered a potential for "significant confusion and overlap" regarding the allegations in the Fourth Amended Complaint (ECF No. 96.) and pleadings raised in two other potentially related federal cases that were filed pro se by Plaintiff. See Girard v. Barber et al., 22 cv 00339 (N.D.N.Y.); Girard v. Gutwein et al., 20 cv 5883 (S.D.N.Y.). Plaintiff's counsel requests a 30-day stay on the current briefing schedule for Defendant's motion to dismiss in order to allow counsel to confer with his cli ent and sort out any inadvertent overlap or duplicative facts or claims presented in the Fourth Amended Complaint. Plaintiff's counsel also stated that he can provide the Court with a letter clarifying the proper claims at the conclusion of t he 30-day stay or can file a clarifying pleading without adding or amending claims. Defendants do not object to the 30-day stay of the motion to dismiss but indicate that to "to the extent that counsel is suggesting that Plaintiff would like to file a 'clarifying pleading' (i.e., a Fifth Amended Complaint), Defendants would oppose such a request if or when it is properly made under Federal Rule of Civil Procedure 15(a)(2)." (ECF No. 109.) The parties are currently brief ing on Defendant's motion to dismiss the Fourth Amended Complaint. (See ECF No. 105.) The Court GRANTS Plaintiff's request for a 30-day stay. The Court, accordingly, sets out the following modified briefing schedule on the remaining paper s for the motion to dismiss: Plaintiff is directed to serve (not file) his opposition papers on or before January 30, 2023, and Defendants are directed to serve their reply papers on or before February 14, 2023. The parties are directed to file a ll motion papers onto ECF on the reply date, February 14, 2023. The parties are directed to mail two courtesy copies and one electronic copy of their papers to Chambers as they are served. To the extent that Plaintiff's counsel finds that the allegations raised in the Fourth Amended Complaint have overlap with or are duplicative of allegations raised in the other federal actions, Plaintiff may file a notice of discontinuance with respect to the claims he does not wish to allege in the Fourth Amended Complaint. The Clerk of the Court is kindly directed to terminate the motion at ECF No. 108. (Signed by Judge Nelson Stephen Roman on 11/18/2022) (ate)
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Filing
92
OPINION AND ORDER re: 79 MOTION to Add. filed by Chauncey Girard, 72 MOTION to Dismiss Pl.'s Third Pleading. filed by Staples, Eckerson, K. Swain, Thomas Griffin, Collao, Murphy, Robert Bentivegna, Helena Korob kova. For the foregoing reasons, Defendants' motion to dismiss is GRANTED and Plaintiff's motion to supplement his complaint and add a party is DENIED. Plaintiff is granted leave to file a Fourth Amended Complaint consistent with this Opin ion on or before April 11, 2022. An Amended Civil Rights Complaint form is attached to this Order. Failure to file a Fourth Amended Complaint within the time allowed, and without good cause to excuse such failure, will result in dismissal of Plaintif f's Third Amended Complaint with prejudice. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 72 & 79. The Clerk of Court is further respectfully directed to mail a copy of this Opinion & Order to the pro se Plaintiff at the address listed on ECF, and to show proof of service on the docket. SO ORDERED. (Amended Pleadings due by 4/11/2022.) (Signed by Judge Nelson Stephen Roman on 2/9/2022) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
66
OPINION AND ORDER: re: 50 MOTION to Dismiss the Second Amended Complaint filed by Collao, (Supt.) Griffin, Murphy, Helena Korobkova, Robert Bentivegna, Staples. For the foregoing reasons, Defendants' motion to dismiss is GRANTED. The Court , however, grants Plaintiff leave to file a third amended complaint that is consistent with this Opinion and Order. If he chooses to do so, Plaintiff has until October 12, 2020 to file his third amended complaint. An Amended Civil Rights Complaint fo rm is attached to this Order. Defendants are then directed to answer or otherwise respond by November 12, 2020. Failure to file a third amended complaint within the time allowed, and without good cause shown, will result in the dismissal of Plaintiff 's claims with prejudice.The Clerk of Court is respectfully directed to terminate the motion at ECF No. 50. The Clerk of Court is further respectfully directed to mail a copy of this Opinion & Order to the pro se Plaintiff at his last known addr ess listed on ECF, as well as to the address below, and to show proof of service on the docket. SO ORDERED., ( Amended Pleadings due by 10/12/2020.) (Signed by Judge Nelson Stephen Roman on 8/13/2020) Copies Mailed By Chambers. (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
41
OPINION AND ORDER: For the foregoing reasons, Plaintiff's motions to supplement his complaint and add a party are DENIED. Plaintiffs motion for a preliminary injunction is also DENIED. Plaintiff is granted leave to file a second amended compla int, consistent with this Order, to address any issues of confusion he believes he can clarify. Plaintiff must file his second amended complaint by October 14, 2019. Defendants are directed to notify the Court and Plaintiff in writing on or before November 6, 2019 if they will answer or move to dismiss. In the event Defendants file an answer, said answer must be filed and served on or before November 21, 2019. Alternatively, Defendants' motion shall be served, not filed, on or before November 21, 2019. Plaintiff's opposition, if any, shall be served, not filed, on or before December 20, 2019. Thereafter, Defendants' reply shall be served on January 6, 2020. Defendants are also directed to file all motion papers, inclu ding Plaintiff's opposition, on January 6, 2020. The parties shall provide the Court with two courtesy copies at the time the papers are served on their adversaries. The Clerk of the Court is respectfully directed to terminate the motions at ECF No. 12, ECF No. 28, and ECF No. 29 and to mail a copy of this Opinion & Order to the pro se Plaintiff and file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/4/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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