Baptiste v. Griffin et al
| Malcolm Baptiste |
| Thomas Griffin, Cocuzza and Michael T. Nagy |
| 1:2018cv07274 |
| August 10, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Unassigned |
| 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
129
ORDER granting 128 Letter Motion to Adjourn Conference. The parties' request to adjourn the pre-trial conference scheduled for Sept. 28, 2023 is GRANTED in light of the proposed settlement agreement docketed at ECF No. 127. The jury trial scheduled for Nov. 27, 2023 is CANCELLED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 28. (Signed by Judge Nelson Stephen Roman on 9/26/2023) (ate)
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Filing
124
ORDER terminating 123 Letter Motion to Adjourn Conference. In light of the parties' representation that they reached a settlement agreement in principle, the telephonic Pretrial Conf. is rescheduled from June 16, 2023 until Sept. 8, 2023 a t 2:00 pm. Counsel are directed to this Court's Order at ECF No. 112 for dial-in instructions. If no agreement is reached, the parties shall be prepared to proceed to trial on Nov. 27, 2023. Clerk of Court is requested to terminate the motion at ECF No. 123. (Signed by Judge Nelson Stephen Roman on 6/14/2023) (ate)
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Filing
121
STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Nelson Stephen Roman on 2/2/2023) (ate)
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Filing
118
ORDER granting 116 Letter Motion to Adjourn Conference. In light of newly assigned counsel for Deft, Deft's request to adjourn the telephonic Status Conf. from Nov. 4, 2022 until Dec. 2, 2022 at 10 am is granted. It is the responsibility o f Deft's counsel to make prior arrangements with the appropriate facility to have Pltf. participate via telephone. The parties are directed to this Court's Order (ECF No. 112) for dial-in instructions. Clerk of Court is requested to mail a copy of this endorsement to pro se Pltf., show service on the docket and terminate the motion at ECF No. 116. Telephone Conference set for 12/2/2022 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 9/13/2022) (ate)
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Filing
113
ORDER: For the foregoing reasons, Plaintiff's request for pro bono counsel is GRANTED. The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of voluntee r attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. Nevertheless, this litigation will progress at a normal pace. If an attorney volunteers, the attorney will contact Plaintiff directly. There is no gua rantee, however, that a volunteer attorney will decide to take the case, and the Plaintiff should be prepared to proceed with the case pro se with no delays. Of course, if an attorney offers to take the case, it is entirely Plaintiff's decisi on whether to retain that attorney or not. The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. The Fund is especially intended for attorneys for whom pro bono service is a financial hardshi p. See http://www.nysd.circ2.den/docs/prose/pro_bono_fund_order.pdf. The Clerk of the Court is kindly directed to mail a copy of this Order to pro se Plaintiff at the address listed on ECF and show proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 8/11/2022) (ate)
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Filing
112
OPINION & ORDER re: 73 MOTION for Summary Judgment filed by Michael T. Nagy. For the foregoing reasons, Defendant Correction Officer Michael T. Nagy's motion for summary judgment is DENIED. The parties are directed to appear for a telephonic pre-trial conference on July 28, 2022 at 2 PM. To access the telephonic pre-trial conference, please follow these instructions: (1) Dial the meeting number: (877) 336-1839; (2) enter the Access Code: 1231334#; (3) press pound (# ) to enter the conference as a guest. It is the responsibility of counsel for Defendant to make prior arrangements with the appropriate facility to have Plaintiff participate via telephone. The Clerk of Court is kindly directed to send a copy of this Opinion and Order to pro se Plaintiff and show service on the docket. SO ORDERED. ( Telephone Conference set for 7/28/2022 at 2:00 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 6/28/2022) (vfr)
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Filing
68
ORDER re: 66 Letter, filed by Malcolm Baptiste, 67 Letter filed by Michael T. Nagy. Plaintiffs motion for reconsideration is DENIED. Defense counsel is directed to notify Judge Roman within seven (7) days in accordance with Dkt, 62. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 7/23/2021) Copies Mailed By Chambers. (kv)
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Filing
62
ORDER denying without prejudice to renewal by formal motion 58 Motion to Appoint Counsel ; terminating 59 Motion for Reconsideration re 58 MOTION to Appoint Counsel. filed by Malcolm Baptiste, 59 MOTION for Reconsideration. filed by Malcolm Baptiste, 61 LETTER MOTION for Extension of Time addressed to Judge Nelson Stephen Roman from Malcolm Baptiste dated 5/12/2021. filed by Malcolm Baptiste ; terminating 61 Letter Motion for Extension of Time. Plaintiff's mot ion for appointment of pro bono counsel is DENIED, without prejudice to renew at a later date. Unlike in criminal proceedings, the Court does not have the power to obligate attorneys to represent indigent pro se litigants in civil cases. See Malla rd v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296, 308-09 (1989). Instead, pursuant to 28 U.S.C. § 1915 (e)(1), the Court may, at its discretion, order that the Pro Se Office request an attorney to represent an indigent litigant by placing the matter on a list circulated to attorneys who are members of the Court's pro bono panel. See Palacio v. City of New York, 489 F. Supp. 2d 335, 344 (S.D.N.Y. 2007). The Second Circuit set forth the standards governing the appointmen t of counsel in pro se cases in Hendricks v. Coughlin, 114 F.3d 390, 392 (2d Cir. 1997), Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989), and Hodge v. Police Officers, 802 F.2d 58, 60-62 (2d Cir. 1986). At this stage of the litigation, Plaintiff has failed to demonstrate that his position is "likely to be of substance," Hodge, 802 F.2d at 61. Therefore, the Court denies Plaintiff's motion, without prejudice to renew at a later date. The briefing schedule for Defen dant's motion for summary judgment is STAYED. Plaintiff is granted leave to go before Judge Davison for the limited purpose of reopening discovery to hear Plaintiff's reconsideration motion, provided that Plaintiff's time to object to Judge Davison's ruling has not yet expired. Following resolution of the discovery issue, the parties are directed to notify the Court within seven (7) days and the Court will issue a revised briefing schedule for Defendants motion for summar y judgment. The Clerk of the Court is directed to terminate the motion at ECF Nos. 59 and 61, mail a copy of this order to pro se Plaintiff, and show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/25/2021) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
57
ORDER granting 51 Motion to Seal. IT IS HEREBY ORDERED that the photographs to be attached as exhibits to theDeclaration of Michael Nagy in support of Defendant's Motion for Summary Judgment shall be placed under seal. It is further ORDERE D that due to the safety and security concerns related to the photographs, Plaintiff will be provided an opportunity to view, but not keep in his possession, the photographs annexed as exhibits to Defendant Nagy's declaration, at the correctional facility where he is located. So Ordered.. (Signed by Judge Nelson Stephen Roman on 4/5/2021) (ks)
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Filing
53
ORDER with respect to 51 Motion to Seal. Defendant is directed to submit a proposed order. The Clerk of the Court is directed to mail a copy of this endorsement to pro se Plaintiff and show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/31/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
38
ORDER AUTHORIZING THE DEPOSITION OF INCARCERATED PLAINTIFF: Pursuant to Federal Rule of Civil Procedure 30(a)(2) (B), it is hereby ORDERED that an Assistant Attorney General may take the deposition of plaintiff Malcolm Baptiste DIN 96-A-4708, by vi deo conference 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 any New York State Correctional Facility, upon notice to the plaintiff and Superintendent of the correctional facility where he is located, and Plaintiff 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. Defendant shall provide plaintiff at least five (5) days advance notice of the date of his deposition. So Ordered. (Signed by Magistrate Judge Paul E. Davison on 7/7/2020) (ks)
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Filing
36
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in f rom a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. DEFENSE COUNSEL IS DIRECTED TO HAVE THE PRO SE PLAINTIFF ON THE LINE PRIOR TO ACCESSING THE CONFERENCE VIA THE ABOVE INSTRUCTIONS. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/10/2020) (ks)
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Filing
31
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/24/2020) (ks)
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Filing
26
ORDER granting 25 Letter Motion for Extension of Time to File. The Parties are granted an extension of time until December 19, 2019 to submit a Case Management Plan. Clerk of the Court directed to mail a copy of this endorsement to pro se Plaintiff, show proof of service on the docket and terminate the motion (doc. 25). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/5/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
23
OPINION AND ORDER re: 20 MOTION to Dismiss . filed by Thomas Griffin. For the aforementioned reasons, Defendants' motion to dismiss is granted to the extent of dismissing all claims asserted against Defendants Griffin and Cocuzz a in their official and individual capacities, all claims against Defendant Nagy in his official capacity, all claims for monetary damages against Defendants in their official capacities on the basis that they are barred by the Eleventh Amendment, and all claims for injunctive relief. The only remaining claim is the alleged use of excessive force as against Defendant C.O. Nagy. Defendant is directed to file an Answer within twenty-one (21) days of this Opinion. Further, the parties are dir ected to confer and to submit a proposed case discovery and scheduling order (blank form attached hereto) within thirty-five (35) days hereof for the Court's consideration. The Clerk of the Court is directed to terminate Defendants Griffin and Cocuzza, mail a copy of this Opinion to pro se Plaintiff, show proof of service on the docket and terminate the motion (ECF No. 20). (As further set forth in this Order.) Cocuzza, Michael T. Nagy., Cocuzza (Sergeant) and Thomas Griffin terminated. (Signed by Judge Nelson Stephen Roman on 10/31/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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