Mateo v. Westchester County et al
| Franklin Mateo |
| Westchester County, Kevin M. Cheverko, Aramark Correctional Services, LLC, Manual Mendoza, Charles, Coley, Penny and Craig |
| 7:2018cv03499 |
| April 17, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Nelson Stephen Roman |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
69
ORDER OF DISMISSAL: Accordingly, this matter is DISMISSED without prejudice for want of prosecution pursuant to Fed R. Civ. P. 41(b). The Clerk of Court is directed to terminate the motions at ECF Nos. 64 and 68 and terminate this action. The Clerk of Court is further directed to mail a copy of this order on pro se Plaintiff at the address on ECF and to show service on the docket. So Ordered. (Signed by Judge Nelson Stephen Roman on 9/10/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
67
MEMO ENDORSED ORDER with respect to 64 Motion to Dismiss for Lack of Prosecution. ENDORSEMENT: Plaintiff is directed to respond to Defendants' motion to dismiss on or before June 15, 2021. Plaintiff's failure to timely oppose the motion will result in the motion being resolved without opposition. The Clerk of Court is directed to mail a copy of this memorandum endorsement to pro se Plaintiff at the address on ECF and show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/25/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
58
ORDER denying without prejudice 57 Motion for Extension of Time to File. Pltf's request for an extension of time is denied without prejudice subject to extensions granted by Magistrate Judge McCarthy. The Clerk of Court is directed to chan ge Pltf's address as detailed in this document, mail a copy of this endorsement to Pltf at the newly added address and terminate the motion (doc.57). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/18/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
53
ORDER. The Court directs the parties to complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be submitted to chambers by January 6, 2021. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Judith C. McCarthy for general pretrial purposes. Defendant is directed to contact Judge McCarthy within seven (7) business days of the date of the Order of Reference to schedule a con ference. The Clerk of Court is directed to mail a copy of this order to pro se Plaintiff at the address on ECF and to show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/11/20) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
49
OPINION AND ORDER. For the foregoing reasons, Defendants' motions to dismiss the Complaint pursuant to Rule 12(b)(6) is GRANTED in part and DENIED in part. Plaintiff's claim(s) asserted pursuant to RLUIPA are dismissed with prejudice. The c laims asserted pursuant to RFRA are dismissed with prejudice as to the state entity and dismissed without prejudice as to the individually named Defendants. Plaintiff's First Amendment Free Exercise Clause claims are dismissed without prejudice. Plaintiff's Eighth Amendment failure to intervene claims are dismiss without prejudice only as to Defendants Cheverko and Mendoza. Defendants motion to dismiss Plaintiff's Eighth Amendment cruel and unusual punishment claims as against the municipality, its agent, or the four personally involved employees is denied. Plaintiff shall have until November 14, 2020 to file an Amended Complaint consistent with this Opinion and Order. An Amended Complaint form is attached to this Order. Fail ure to timely file an Amended Complaint may result in the dismissal with prejudice of those claims dismissed in this Opinion and Order without prejudice. In the event Plaintiff files an Amended Complaint, the remaining Defendant(s) shall have 21 days from date of filing of the Amended Complaint to file an answer or otherwise respond. In the event Plaintiff does not file an Amended Complaint, the remaining Defendants shall file an Answer as to the surviving claims of the Complaint on or before No vember 30, 2020. The parties are directed to confer, complete, and submit to the Court the attached case management plan on or before December 21, 2020. The Clerk of Court is respectfully directed to terminate the motion(s) at ECF No. 30, and to term inate Defendants Cheverko and Mendoza. The Clerk of the Court is further directed to mail a copy of this Opinion and Order to Plaintiff at the last known address listed on the docket, and to show proof of service on the docket. So ordered. re: 39 FIRST MOTION to Dismiss Failure to State a Claim filed by Aramark Correctional Services, LLC, Penny Stewart, Manual Mendoza, Charles Butler, Westchester County, Coffey Kohli, Craig Boissy, Kevin M. Cheverko. Kevin M. Cheverko (West chester County Department of Corrections) and Manual Mendoza (Aramark Food Service Director) terminated. Charles Butler answer due 11/30/2020; Westchester County answer due 11/30/2020; Coffey Kohli answer due 11/30/2020; Aramark Correctional Servi ces, LLC answer due 11/30/2020; Penny Stewart answer due 11/30/2020; Craig Boissy answer due 11/30/2020. (Amended Pleadings due by 11/14/2020.) (Signed by Judge Nelson Stephen Roman on 9/29/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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