Carzoglio v. Abrams et al
| Angelo A. Carzoglio |
| Thomas Abrams, Karl Vollmer, Middleton, I. Lopez, King-Bogle, Healthcare Gatekeeper, Correct Care Solutions, Aramark Corporation and Westchester County Department of Corrections |
| 1:2018cv04198 |
| May 10, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Wyoming |
| Nelson Stephen Roman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
112
MEMO ENDORSEMENT denying as moot 110 Letter Motion for Extension of Time to File. ENDORSEMENT: Application denied as moot. Plaintiff filed a timely notice of appeal at Doc. 111, which has been transmitted to the Second Circuit Court of Appeals. The Clerk of Court is respectfully directed to: (i) terminate the motion sequence pending at Doc. 110; and (ii) mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/21/2022) (jca)
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Filing
109
CLERK'S JUDGMENT re: 108 Memorandum & Opinion in favor of Thomas Abrams against Angelo A. Carzoglio. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated June 17, 2022, the motion for summary judgment is GRANTED and the Amended Complaint against Defendant is dismissed with prejudice in its entirety. Judgment is entered in favor of Defendant; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/17/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
95
ORDER granting 94 LETTER MOTION for Extension of Time to File Plaintiff's Opposition to Defendant's 56.1 Statement and Attendant Dates. Application granted. Plaintiff shall file his opposition to Defendant's 56.1 Statement in acc ordance with the Court's Individual Practice Rule 4.E. by December 7, 2021. The summary judgment briefing schedule set forth in the Court's October 25, 2021 Order (Doc. 93) is adjourned to the following dates: Defendant shall file his notice of motion and opening brief by December 17, 2021; Plaintiff shall file his opposition brief by January 17, 2022; Defendant shall file his reply brief by January 31, 2022. Defendant is directed to serve a copy of this Order on Plaintiff and file proof of service on the docket. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 94. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/23/2021) (jca)
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Filing
83
ORDER denying without prejudice to renewal 82 Application for the Court to Request Counsel. For the foregoing reasons, Plaintiff's motion for pro bono counsel is denied without prejudice to a renewed application later in the case. The Cler k of the Court is respectfully directed to terminate the motion sequence pending at Doc. 82 and mail a copy of this Order to plaintiff. The Court certifies under 28 U.S.C. § 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). (Signed by Judge Philip M. Halpern on 8/16/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
81
ORDER. Counsel for defendant and plaintiff pro se appeared today at 3:45 p.m. by telephone for a case management conference. Issues raised by plaintiff regarding a second camera angle and video of the strip search will be reviewed by defendant by August 2, 2021, and if such video exists, defendant shall produce it to plaintiff. By August 23, 2021, the parties are directed to meet and confer regarding settlement. Defendant is directed to file a letter by August 23, 2021 advising the Court of the outcome of these settlement discussions. In accordance with this Court's Individual Practice 4.E., defendant is directed to serve his pre-motion letter, Rule 56.1 Statement, and Notice to Pro Se Litigant Who Opposes a Motion for Summar y Judgment (See Local Civil Rule 56.2) by August 23, 2021. 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 7/19/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
71
MEMORANDUM OPINION AND ORDER re: 61 MOTION to Dismiss the Amended Complaint as to Defendant Westchester County, or in the Alternative, to Amend the Caption. MOTION to Amend/Correct 57 Amended Complaint . filed by West chester County Department of Corrections., For the foregoing reasons, the Court GRANTS Defendant's motion to dismiss. While Defendants represented to the Court that discovery related to Plaintiff's Fourth Amendment claim against A brams is ongoing (Def. Br. at 1), there has not been an Initial Pretrial Conference in this action and there is not an operative Civil Case Discovery Plan and Scheduling Order in place. Thus, an Initial Pretrial Conference Notice shall be issued in short order. The Court directs the Clerk to substitute Westchester County for the Westchester County Department of Corrections; to terminate the pending motion (Doc. 61); and terminate Westchester County as a Defendant in this action. The Court f urther directs the Clerk to mail a copy of this Memorandum Opinion and Order to Plaintiff at the address provided on the docket. SO ORDERED (Signed by Judge Philip M. Halpern on 2/3/2021) Westchester County added. Westchester County Department of Corrections (In their individual and official capacities) terminated. (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
56
OPINION & ORDER re: 44 FIRST MOTION to Dismiss Plaintiff's Complaint, filed by Aramark Corporation, 51 MOTION to Dismiss . filed by Karl Vollmer, Middleton, I. Lopez, Westchester County Department of Correctio ns, 33 MOTION to Dismiss , filed by King-Bogle, Correct Care Solutions. Accordingly, the Clerk of the Court is respectfully directed to terminate the Moving Defendants' motions to dismiss at ECF Nos. 33, 44, 51. If Plaintiff do es not file an Amended Complaint by March 26, 2020, remaining Defendant Abrams is directed to file an answer to the Complaint on or before April 27, 2020. The Clerk of the Court is further directed to mail a copy of this Opinion to Plaintiff at his l ast address listen on ECF and file proof of service on the docket. SO ORDERED. Thomas Abrams answer due 4/27/2020.( Amended Pleadings due by 3/26/2020.) (Signed by Judge Nelson Stephen Roman on 2/25/2020) (va) Transmission to Docket Assistant Clerk for processing.
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