Stanbro v. Palou et al
| Chad Stanbro |
| Correction Officer Deal, Correction Officer John Doe, Corr. Supervisor John Doe, Correction Officer N. Palou, Correction Nurse John Doe, Correction Officer Nadya Palou, Correction Officer Raymond Deal, Correction Nurse Gary Pagliaro, Correction Officer Richard Landry, Correction Sergeant Enrique Torres, Correction Supervisor John Doe and Correction Officer Kristofer Leonardo |
| New York State Office of the Attorney General |
| Frank Weber, DDS |
| 7:2020cv01591 |
| February 24, 2020 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 261 MANDATE of USCA (Certified Copy) as to #242 Notice of Appeal filed by Nadya Palou, N. Palou, Raymond Deal, Deal, #249 Notice of Appeal, filed by Kristofer Leonardo. USCA Case Number 23-347; 23-419. The parties in the above-referenced case have filed a stipulation withdrawing these appeals pursuant to FRAP 42. The stipulation is hereby "So Ordered"... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/5/2023..(nd) |
| Filing 260 SATISFACTION OF JUDGMENT re: #238 Judgment entered In favor of Chad Stanbro Against Raymond Deal, In favor of Chad Stanbro Against Kristofer Leonardo, In favor of Chad Stanbro Against Deal Judgment satisfied on 6/29/2023.(km) |
| Filing 259 PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Picked up by the Party. Document filed by Chad Stanbro..(Sivin, Edward) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 258 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Mailed by the Court. Document filed by Kristofer Leonardo..(Harben, Jeb) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/28/2023 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED SATISFACTION OF JUDGMENT: Notice to Attorney Jeb Harben RE-FILE Document No. #258 Proposed Satisfaction of Judgment. The filing is deficient for the following reason(s): the wrong filer/filers was/were selected for the proposed satisfaction of judgment. The proposed satisfaction of judgment is not notarized. Re-file the document using the event type Proposed Satisfaction of Judgment found under the event list Proposed Orders - select the correct filer/filers - attach the correct signed PDF that lists the following - the correct entry date of the judgment, the correct name of the party(ies) the judgment is in favor of, the correct name of the party(ies) the judgment is against, the correct amount of the judgment - and is notarized. (km) |
| Filing 257 REPLY MEMORANDUM OF LAW in Support re: #245 MOTION for Attorney Fees . . Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 256 REPLY AFFIRMATION of Edward Sivin, Esq. in Support re: #245 MOTION for Attorney Fees .. Document filed by Chad Stanbro. (Attachments: #1 Exhibit 1: Transcript of the trial testimony of defense expert Dr. Douglas Cohen, #2 Exhibit 2: Decision and Order of New York Supreme Court Justice Wilma Guzman in Onilude v. City of New York, #3 Exhibit 3: Supplemental time records for Edward Sivin, #4 Exhibit 4: Supplemental time records for Jake Ethe).(Sivin, Edward) |
| Filing 255 MEMORANDUM OF LAW in Opposition re: #245 MOTION for Attorney Fees . . Document filed by Kristofer Leonardo..(Harben, Jeb) |
| Filing 254 DECLARATION of Mark F Heinze in Opposition re: #245 MOTION for Attorney Fees .. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 253 MEMORANDUM OF LAW in Opposition re: #245 MOTION for Attorney Fees . . Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 252 AFFIDAVIT of Mark F Heinze in Opposition re: #245 MOTION for Attorney Fees .. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou. (Attachments: #1 Exhibit A - Verdict Sheet, #2 Exhibit B - Markup Sivin Timesheet, #3 Exhibit C - Markup Miller Timesheet, #4 Exhibit D - Markup Ethe Timesheet).(Heinze, Mark) |
| Appeal Fee Payment: for #249 Notice of Appeal,. Filing fee $ 505.00, receipt number ANYSDC-27572117..(Harben, Jeb) |
Filing 251
ORDER granting #250 Letter Motion for Extension of Time. Granted. I hope Mr. Harden makes a quick and full recovery. So Ordered. (Signed by Judge Kenneth M. Karas on 3/31/23) (yv)
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| Filing 250 LETTER MOTION for Extension of Time Response to Fee Application addressed to Judge Kenneth M. Karas from Jeb Harben dated 3/31/23. Document filed by Kristofer Leonardo..(Harben, Jeb) |
| Filing 249 NOTICE OF APPEAL from #227 Order on Motion to Set Aside Verdict,, Order on Motion for Directed Verdict,,,,,,,,, #238 Judgment,,,,,,. Document filed by Kristofer Leonardo. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Harben, Jeb) Modified on 3/23/2023 (tp). |
| Filing 248 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Kristofer Leonardo. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Harben, Jeb) Modified on 3/23/2023 (tp). |
| Appeal Fee Due: for #249 Notice of Appeal. Appeal fee due by 4/6/2023. (tp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Jeb Harben to RE-FILE Document No. #248 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #249 Notice of Appeal, filed by Kristofer Leonardo were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #249 Notice of Appeal. (tp) |
| Filing 247 MEMORANDUM OF LAW in Support re: #245 MOTION for Attorney Fees . . Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 246 DECLARATION of Edward Sivin, Esq. in Support re: #245 MOTION for Attorney Fees .. Document filed by Chad Stanbro. (Attachments: #1 Exhibit 1: Declaration of P. Jenny Marashi, Esq., dated March 7, 2023, #2 Exhibit 2: Declaration of Andrew Laufer, Esq., dated March 8, 2023, #3 Exhibit 3: Declaration of Patrick Mantione, Esq., dated March 14, 2023, #4 Exhibit 4: Declaration of Gary Levine, Esq., dated March 15, 2023, #5 Exhibit 5: Time records for Edward Sivin, Esq., #6 Exhibit 6: Time records for Glenn Miller, Esq., #7 Exhibit 7: Time records for Gabby Birzh, #8 Exhibit 8: Time records for Jason Miller, #9 Exhibit 9: Time records for Stephanie Leibowitz, #10 Exhibit 10: Time records for Jake Ethe, #11 Exhibit 11: Itemization of litigation expenses and supporting documentation).(Sivin, Edward) |
| Filing 245 MOTION for Attorney Fees . Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 244 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Attorney Fees . Document filed by Chad Stanbro. (Attachments: #1 Supplement Declaration of Edward Sivin, Esq. in Support of Plaintiff's Motion for Attorney's Fees, #2 Exhibit 1: Declaration of P. Jenny Marashi, Esq., dated March 7, 2023, #3 Exhibit 2: Declaration of Andrew Laufer, Esq., dated March 8, 2023, #4 Exhibit 3: Declaration of Patrick Mantione, Esq., dated March 14, 2023, #5 Exhibit 4: Declaration of Gary Levine, Esq., dated March 15, 2023, #6 Exhibit 5: Time records for Edward Sivin, Esq., #7 Exhibit 6: Time records for Glenn Miller, Esq., #8 Exhibit 7: Time records for Gabby Birzh, #9 Exhibit 8: Time records for Jason Miller, #10 Exhibit 9: Time records for Stephanie Leibowitz, #11 Exhibit 10: Time records for Jake Ethe, #12 Exhibit 11: Itemization of litigation expenses and supporting documentation, #13 Supplement Memorandum of Law in Support of Plaintiff's Motion for Attorney's Fees).(Sivin, Edward) Modified on 3/17/2023 (db). |
| Filing 243 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #244 Motion for Attorney Fees. - MOTION for Attorney Fees . Document filed by Chad Stanbro. (Attachments: #1 Supplement Declaration of Edward Sivin, Esq. in Support of Plaintiff's Motion for Attorney's Fees, #2 Exhibit 1: Declaration of P. Jenny Marashi, Esq., dated March 7, 2023, #3 Exhibit 2: Declaration of Andrew Laufer, Esq., dated March 8, 2023, #4 Exhibit 3: Declaration of Patrick Mantione, Esq., dated March 14, 2023, #5 Exhibit 4: Declaration of Gary Levine, Esq., dated March 15, 2023, #6 Exhibit 5: Time records for Edward Sivin, Esq., #7 Exhibit 6: Time records for Glenn Miller, Esq., #8 Exhibit 7: Time records for Gabby Birzh, #9 Exhibit 8: Time records for Jason Miller, #10 Exhibit 9: Time records for Stephanie Leibowitz, #11 Exhibit 10: Time records for Jake Ethe, #12 Exhibit 11: Itemization of litigation expenses and supporting documentation, #13 Supplement Memorandum of Law in Support of Plaintiff's Motion for Attorney's Fees).(Sivin, Edward) Modified on 3/17/2023 (db). As per ECF-ERROR Email Correspondence Received on 3/17/2023 @ 12:48pm. |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Edward Sivin to RE-FILE Document #244 MOTION for Attorney Fees . ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) |
| Filing 242 NOTICE OF APPEAL from #238 Judgment,,,,,,. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit Judgment).(Heinze, Mark) |
| Filing 241 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou. Filing fee $ 505.00, receipt number ANYSDC-27465051. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Heinze, Mark) Modified on 3/14/2023 (tp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Mark Heinze to RE-FILE Document No. #241 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed - Do Not Pay the Appeal Fee Again. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #242 Notice of Appeal. (tp) |
| Appeal Fee Paid electronically via Pay.gov: for #242 Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-27465051, paid on 3/14/2023. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #242 Notice of Appeal filed by Nadya Palou, N. Palou, Raymond Deal, Deal were transmitted to the U.S. Court of Appeals.(tp) |
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Filing 240
MEMO ENDORSEMENT on re: (182 in 7:19-cv-10857-KMK) Letter filed by Chad Stanbro, (239 in 7:20-cv-01591-KMK) Letter filed by Chad Stanbro. ENDORSEMENT: SO ORDERED. ( Motions due by 3/17/2023. Responses due by 4/6/2023. Replies due by 4/13/2023.) (Signed by Judge Kenneth M. Karas on 2/21/2023) (va)
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| Filing 239 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 02/21/23 re: Proposed briefing schedule. Document filed by Chad Stanbro..(Sivin, Edward) |
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Filing 238
JUDGMENT IN A CIVIL CASE. IT IS ORDERED and ADJUDGED, that Plaintiff have judgment against Kristofer Leonardo on the excessive force cause of action, in the amount of $1,200,000.00 in compensatory damages; and IT IS ORDERED and ADJUDGED, that Plaintiff have judgment against Raymond Deal and Kristofer Leonardo, on the cause of action for deliberate indifference to medical needs while at the dental clinic at the Westchester Medical Center, in the amount of $400,000.00 in compensatory damages; and IT IS ORDER and ADJUDGED, that Plaintiff have judgment against Raymond Deal and Nadya Palou on the cause of action for deliberate indifference to medical needs while en route from the Westchester Medical Center to Fishkill Correctional Facility, in the amount of $200,000.00 in compensatory damages; and IT IS ORDERED and ADJUDGED, that Plaintiff have judgment against Westchester County Health Care Corporation, Westchester Medical Center, and Frank Weber, on the cause of action for medical malpractice, in the amount of $200,000.00 in compensatory damages; and IT IS ORDERED and ADJUDGED, that Plaintiff have judgment against Nadya Palou in the amount of $5,000.00 in punitive damages; and IT IS ORDERED and ADJUDGED, that Plaintiff have judgment against Raymond Deal in the amount of $5,000.00 in punitive damages; and IT IS ORDERED and ADJUDGED, that Plaintiff have judgment against Kristofer Leonardo in the amount of $50,000.00 in punitive damages. (Signed by Judge Kenneth M. Karas on 2/21/23) (yv)
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| Filing 237 PROPOSED JUDGMENT. Document filed by Chad Stanbro..(Sivin, Edward) |
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Filing 236
ORDER: Accordingly, the Court finds that Plaintiff is not entitled to prejudgment interest. In accordance with this Order, Plaintiff is directed to file a second amended proposed judgment by no later than February 21, 2023. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/16/2023) (vfr)
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Filing 235
AMENDED ORDER: Due to a stipulation by the Parties, (see Letter from Edward Sivin, Esq., to Court (Feb. 15, 2023) (Dkt. No. 234; Case No. 20-CV-1591)), the Court now amends its Order regarding the disposition of certain post-trial motions, (see Order (Dkt. No. 227)). For reasons stated on the record at a status conference held on January 19, 2023, as well as stipulations by the Parties, the Court denies the Motion to Set Aside the Verdict. (Dkt. No. 208, Case No. 20-CV-1591). The Court also grants in part and denies in part the following Motions: (1) the Motion to Set Aside the Verdict, (Dkt. No. 203, Case No. 20-CV-1591; Dkt. No. 164, Case No. 19-CV-10857), and (2) the Motion for Directed Verdict, (Dkt. No. 211, Case No. 20-CV-1591). (Signed by Judge Kenneth M. Karas on 2/15/2023) (ate)
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| Filing 234 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 02/15/23 re: Proposed Judgment. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 233 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 02/01/23 re: Proposed Judgment. Document filed by Chad Stanbro. (Attachments: #1 Exhibit Proposed Judgment (revised)).(Sivin, Edward) |
| Filing 232 LETTER addressed to Judge Kenneth M. Karas from Mark Heinze dated 02/01/2023 re: Objectiosn to proposed judgment. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 231 Objection to Proposed Judgment. Document filed by Kristofer Leonardo. (Attachments: #1 Exhibit enclosure, #2 Exhibit enclosure).(Harben, Jeb) |
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Filing 230
ORDER granting #229 Letter Motion for Extension of Time to File. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 1/25/23) (yv)
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| Filing 229 LETTER MOTION for Extension of Time to File Objections to Proposed Judgment addressed to Judge Kenneth M. Karas from Jeb Harben dated 1/25/23. Document filed by Kristofer Leonardo..(Harben, Jeb) |
| Filing 228 PROPOSED JUDGMENT. Document filed by Chad Stanbro..(Sivin, Edward) Proposed Judgment to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #228 Proposed Judgment was reviewed and approved as to form. (tp) |
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Filing 227
ORDER granting in part and denying in part #203 Motion to Set Aside Verdict; denying #208 Motion to Set Aside Verdict; denying #211 Motion for Directed Verdict. For reasons stated on the record at a status conference held on January 19, 2023, the Court denies the following pending motions: (1) Motion to Set Aside the Verdict, (Dkt. No. 208, Case No. 20-CV-1591); and (2) Motion for Directed Verdict, (Dkt. No. 211, Case No. 20-CV-1591). The Court also grants in part and denies in part the pending Motion to Set Aside the Verdict. (Dkt. No. 203, Case No. 20-CV-1591; Dkt. No. 164, Case No. 19-CV-10857.) The Clerk of the Court is respectfully requested to terminate the pending motions. (Dkt. Nos. 203, 208, 211; Case No. 20-CV-1591; Dkt. No. 164, Case No. 19-CV-10857.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/19/2023) (vfr)
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| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Mark Heinze re: Document #226 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (km) |
| Filing 226 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/19/2023 (km). |
| Filing 225 TRANSCRIPT of Proceedings re: Trial Conference held on 7/13/2022 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Tabitha Dente, (914) 390-4027. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2023. Redacted Transcript Deadline set for 1/30/2023. Release of Transcript Restriction set for 3/28/2023..(Dente, Tabitha) |
| Filing 224 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial Conference proceeding held on 7-13-2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Dente, Tabitha) |
| Filing 223 REPLY MEMORANDUM OF LAW in Support re: #208 MOTION to Set Aside Verdict .Remitter/New Trial. . Document filed by Kristofer Leonardo..(Harben, Jeb) |
| Filing 222 REPLY MEMORANDUM OF LAW in Support re: #211 MOTION for Directed Verdict . . Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou. (Attachments: #1 Affidavit Proof of Service).(Heinze, Mark) |
| Filing 221 FIRST REPLY MEMORANDUM OF LAW in Support re: #203 MOTION to Set Aside Verdict . Post-Trial Motion seeking to set aside the Punitive and Compensatory Damages against Defendant, Dr. Weber. Document filed by Frank Weber, DDS. (Attachments: #1 Exhibit Exhibit A - Trial transcript from 7-11 (Pages 1521-1580), #2 Exhibit Exhibit B - Trial transcript from 7-11 (Pages 1692-1719)).(Fitch, Robert) |
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Filing 220
ORDER granting #219 Letter Motion for Extension of Time to File Response/Reply re #219 LETTER MOTION for Extension of Time to File Response/Reply Post-Trial Motions addressed to Judge Kenneth M. Karas from Jeb Harben dated 12/19/21. Granted. SO ORDERED. Replies due by 12/27/2022.. (Signed by Judge Kenneth M. Karas on 12/19/2022) (kv)
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| Filing 219 LETTER MOTION for Extension of Time to File Response/Reply Post-Trial Motions addressed to Judge Kenneth M. Karas from Jeb Harben dated 12/19/21. Document filed by Richard Landry, Kristofer Leonardo, Enrique Torres..(Harben, Jeb) |
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Filing 218
MEMO ENDORSED ORDER granting #217 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. ( Attorney John Roach Doran terminated.) (Signed by Judge Kenneth M. Karas on 12/12/22) (yv)
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| Filing 217 MOTION for John Roach Doran to Withdraw as Attorney . Document filed by Richard Landry, Kristofer Leonardo, Enrique Torres..(Doran, John) |
| Filing 216 MEMORANDUM OF LAW in Opposition re: #211 MOTION for Directed Verdict . . Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 215 MEMORANDUM OF LAW in Opposition re: #208 MOTION to Set Aside Verdict .Remitter/New Trial. . Document filed by Chad Stanbro..(Sivin, Edward) |
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Filing 214
MEMO ENDORSEMENT on re: (169 in 7:19-cv-10857-KMK) Letter Rescheduling oral argument filed by Chad Stanbro. ENDORSEMENT: Granted. The Oral Argument will go forward on January 19, 2023 at 10:00 AM. SO ORDERED., ( Oral Argument set for 1/19/2023 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 10/14/22) (yv)
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| Filing 213 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 10/13/22 re: Extension of time to oppose post-trial motions. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 212 MEMORANDUM OF LAW in Support re: #211 MOTION for Directed Verdict . . Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 211 MOTION for Directed Verdict . Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou. Responses due by 10/31/2022 Return Date set for 12/13/2022 at 09:30 AM. (Attachments: #1 Affidavit DECLARATION OF M HEINZE, #2 Exhibit VERDICT SHEET, #3 Affidavit Proof of Service).(Heinze, Mark) |
| Filing 210 DECLARATION of Jeb Harben in Support re: #208 MOTION to Set Aside Verdict .Remitter/New Trial.. Document filed by Kristofer Leonardo. (Attachments: #1 Exhibit A, #2 Exhibit B).(Harben, Jeb) |
| Filing 209 MEMORANDUM OF LAW in Support re: #208 MOTION to Set Aside Verdict .Remitter/New Trial. . Document filed by Kristofer Leonardo..(Harben, Jeb) |
| Filing 208 MOTION to Set Aside Verdict .Remitter/New Trial. Document filed by Kristofer Leonardo..(Harben, Jeb) |
| Filing 207 DECLARATION of Robert Fitch in Support re: #203 MOTION to Set Aside Verdict .. Document filed by Frank Weber, DDS. (Attachments: #1 Exhibit Exhibit A - Transcript of defendant, Dr. Webers trial testimony, #2 Exhibit Exhibit B - Transcript of plaintiffs expert, Dr. Robert E. Todds trial testimony, #3 Exhibit Exhibit C - Transcript of oral and maxillofacial expert, Dr. Harry Dyms trial testimony, #4 Exhibit Exhibit D - Defendants July 10, 2022 motion seeking to dismiss the punitive damages and deliberate indifference claims, #5 Exhibit Exhibit E - Defendants July 10, 2022 motion seeking to dismiss the punitive damages and deliberate indifference claims, #6 Exhibit Exhibit F - Verdict sheet and portion of transcript reflecting jury verdict, #7 Exhibit Exhibit G - Portion of transcript of plaintiffs trial testimony, #8 Exhibit Exhibit H - Plaintiff's Summations and Our Motion, #9 Exhibit Exhibit I - 7-11-22 Testimony).(Fitch, Robert) |
| Filing 206 FIRST MEMORANDUM OF LAW in Support re: #203 MOTION to Set Aside Verdict . . Document filed by Frank Weber, DDS..(Fitch, Robert) |
| Filing 205 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Set Aside Verdict . Document filed by Frank Weber, DDS. Return Date set for 12/13/2022 at 10:00 AM..(Fitch, Robert) Modified on 9/30/2022 (kj). |
| Filing 204 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Set Aside Verdict . Document filed by Frank Weber, DDS. Return Date set for 12/13/2022 at 10:00 AM. (Attachments: #1 Exhibit Exhibit A - Transcript of defendant, Dr. Webers trial testimony, #2 Exhibit Exhibit B - Transcript of plaintiffs expert, Dr. Robert E. Todds trial testimony, #3 Exhibit Exhibit C - Transcript of oral and maxillofacial expert, Dr. Harry Dyms trial testimony, #4 Exhibit Exhibit D - Dr. Todd's Deposition Transcript, #5 Exhibit Exhibit E - Defendants July 10, 2022 motion seeking to dismiss the punitive damages and deliberate indifference claims, #6 Exhibit Exhibit F - Verdict sheet and portion of transcript reflecting jury verdict, #7 Exhibit Exhibit G - Portion of transcript of plaintiffs trial testimony, #8 Exhibit Exhibit I - 7-11-22 Testimony).(Fitch, Robert) Modified on 9/30/2022 (kj). |
| Filing 203 MOTION to Set Aside Verdict . Document filed by Frank Weber, DDS. Return Date set for 12/13/2022 at 10:00 AM..(Fitch, Robert) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Fitch to RE-FILE Document #205 FIRST MOTION to Set Aside Verdict .. Use the event type Replies, Opposition and Supporting Documents; select Memorandum in Support of Motion found under the event list. (kj) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Fitch to RE-FILE Document #204 FIRST MOTION to Set Aside Verdict .. Use the event type Replies, Opposition and Supporting Documents; Select Declaration in Support of Motion found under the event list. (kj) |
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Filing 202
SCHEDULING ORDER: Defendants shall file their respective briefs in support of their motions by no later than September 30, 2022. Plaintiff shall file his responses by no later than October 31, 2022. Defendants shall file their replies by no later than November 14, 2022. The Court will hold oral argument on all motions on December 13, 2022 at 10:00AM in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. Plaintiff's deadline to move for attorney's fees is stayed. SO ORDERED. ( Responses due by 10/31/2022 Replies due by 11/14/2022. Oral Argument set for 12/13/2022 at 10:00 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 7/15/22) (yv)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial completed on 7/14/2022. Jury question received and answered. Verdict read. Sue Ghorayeb served as court reporter. (SB) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 7/13/2022. Jury question received and answered. Tabitha Dente (AM) and Christina Arends-Dieck (PM) served as court reporters. (SB) |
| Filing 201 LETTER addressed to Judge Kenneth M. Karas from Jeb Harben dated 7/13/22 re: Sidebar. Document filed by Richard Landry, Kristofer Leonardo, Enrique Torres. (Attachments: #1 Exhibit enclosure, #2 Exhibit enclosure).(Harben, Jeb) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 7/12/2022. Closing statements completed. Angie Shaw-Crockett served as court reporter. (SB) |
| Filing 200 THIRD LETTER addressed to Judge Kenneth M. Karas from Mark F Heinze dated 07/12/2022 re: Rule 50 motion part "a". Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 199 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 07/12/22 re: Palou and Deal's motion to dismiss excessive force and failure to intervene claim. Document filed by Chad Stanbro..(Sivin, Edward) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 7/11/2022. Conference, witness testimony, and closing statements. Angie Shaw-Crockett served as court reporter. (SB) |
| Filing 198 SECOND LETTER addressed to Judge Kenneth M. Karas from Mark F Heinze dated 07/11/2022 re: Supp Rule 50 memo. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 197 LETTER addressed to Judge Kenneth M. Karas from Robert A. Fitch dated July 10, 2022 re: limitation on pain and suffering. Document filed by Frank Weber, DDS..(Fitch, Robert) |
| Filing 196 LETTER addressed to Judge Kenneth M. Karas from Robert A. Fitch dated July 10, 2022 re: dismiss the deliberate indifference claim and punitive damages charge as to Dr. Weber. Document filed by Frank Weber, DDS..(Fitch, Robert) |
| Filing 195 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 07/10/22 re: Palou and Deal's Rule 50 motion. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 194 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 07/10/22 re: Response to Palou/Deal ltr. re mitigation of damages charge. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 193 LETTER addressed to Judge Kenneth M. Karas from Mark F Heinze dated 07/10/2022 re: Rule 50. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 192 LETTER addressed to Judge Kenneth M. Karas from Mark F Heinze dated 07/10/2022 re: Jury Instruction - Mitigation. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou. (Attachments: #1 Exhibit PJI 235, #2 Exhibit PJI 235.1).(Heinze, Mark) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 7/8/2022. Conference and witness testimony. Angela O'Donnell (AM) and Christina Arends-Dieck served as court reporters. (SB) |
| Filing 191 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 07/08/22 re: Court's Revised Jury Charge. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 190 LETTER addressed to Judge Kenneth M. Karas from Robert A. Fitch dated July 7, 2022 re: charge of comparative negligence. Document filed by Frank Weber, DDS..(Fitch, Robert) |
| Filing 189 LETTER addressed to Judge Kenneth M. Karas from Jeb Harben dated 7/8/22 Document filed by Richard Landry, Kristofer Leonardo, Enrique Torres. (Attachments: #1 Exhibit enclosure, #2 Exhibit enclosure).(Harben, Jeb) |
| Filing 188 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 07/07/22 re: Issues raised at charge conference. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 187 LETTER addressed to Judge Kenneth M. Karas from Mark F Heinze dated 07/07/2022 re: Consciousness of Guilt. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 186 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 07/07/22 re: Court's Verdict Sheet. Document filed by Chad Stanbro..(Sivin, Edward) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 7/7/2022. Conference and witness testimony. Christina Ariends Dieck served as court reporter. (SB) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Charge Conference held on 7/7/2022. Christina Ariends Dieck and Angela O'Donnell served as court reporters. (SB) |
| Filing 185 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 07/06/22 re: The Court's Jury Charge. Document filed by Chad Stanbro..(Sivin, Edward) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 7/6/2022. Conference and witness testimony. Christina Ariends Dieck served as court reporter. (SB) |
| Filing 184 LETTER addressed to Judge Kenneth M. Karas from Jeb Harben dated 7/5/22 re: Urbanski. Document filed by Richard Landry, Kristofer Leonardo, Enrique Torres..(Harben, Jeb) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 7/5/2022. Conference and witness testimony. Christina Ariends Dieck (AM) and Angela O'Donnell (PM) served as court reporters. (SB) |
| Filing 183 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 07/04/2022 re: Evidentiary issues at trial. Document filed by Chad Stanbro..(Sivin, Edward) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 7/1/2022. Conference and witness testimony. Sue Ghorayeb served as court reporter. (SB) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 6/30/2022. Conference and witness testimony. Angela O'Donnell (AM) and Christina Ariends Dieck (PM) served as court reporters. (SB) |
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Filing 182
MEMO ENDORSEMENT granting #180 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney Maria Barous Hartofilis terminated. (Signed by Judge Kenneth M. Karas on 6/30/2022) (vfr)
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| Filing 181 LETTER addressed to Judge Kenneth M. Karas from Jeb Harben dated 6/30/22 re: Pagliaro and OSI. Document filed by Richard Landry, Kristofer Leonardo, Enrique Torres. (Attachments: #1 Exhibit enclosure, #2 Exhibit enclosure).(Harben, Jeb) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 6/29/2022. Conference and witness testimony. Darby Ginsberg (AM) and Angela O'Donnell (PM) served as court reporters. (SB) |
| Filing 180 MOTION for Maria B. Hartofilis to Withdraw as Attorney . Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Hartofilis, Maria) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial begun on 6/28/2022. Conference and witness testimony. Angela O'Donnell (AM) and Darby Ginsberg (PM) served as court reporters. (SB) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Selection held on 6/27/2022. Darby Ginsberg served as court reporter. (SB) |
| Filing 179 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 06/27/2022 re: References to plaintiff's mental health history. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 178 SECOND LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 06/25/2022 re: "Scope of Employment" issue. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 177 RESPONSE re: #176 Memo Endorsement,, respectfully providing a response to the Court's letter endorsement (ECF No. 176). Document filed by Richard Landry, Kristofer Leonardo, Enrique Torres..(Doran, John) |
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Filing 176
MEMO ENDORSEMENT on re: (144 in 7:19-cv-10857-KMK) Letter filed by Chad Stanbro, (175 in 7:20-cv-01591-KMK) Letter filed by Chad Stanbro. ENDORSEMENT: The OAG Defendants shall address their refusal to stipulate that they were acting within the scope of their employment during the events at issue--particularly in light of their co-defendants' admission of the same--via a letter to be filed no later than June 25, 2022, at 12pm. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/24/2022) (tg)
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| Filing 175 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 06/24/22 re: "Scope of Employment" issue. Document filed by Chad Stanbro..(Sivin, Edward) |
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Filing 174
MEMO ENDORSEMENT on re: (141 in 7:19-cv-10857-KMK) Letter filed by Chad Stanbro, (172 in 7:20-cv-01591-KMK) Letter filed by Chad Stanbro. ENDORSEMENT: Plaintiff and Defendants will each be entitled to three peremptory challenges; Defendants' peremptory challenges must be exercised jointly among all nine defendants in both related actions. Section 1870 provides that "[i]n civil cases, each party shall be entitled to three peremptory challenges" and in multi-defendant cases, the several defendants "may be considered as a single party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly." 28 U.S.C. 1870. Courts have explained that "[g]enerally it is thought fair to give defendants at war with each other, as well as with the plaintiff, an additional challenge or challenges so that individual interests may be protected." LNC Investments, Inc. v. First Fidelity Bank, N.A., No. 92-CV-7584, 2000 WL 1118898, at *2 (S.D.N.Y. Aug. 8, 2000). Along the same lines, courts have explained that where "the plaintiff's theory of liability against all defendants is the same, so that the jury would have no basis to hold one defendant liable and not the other... there is generally no basis for granting the several defendants additional challenges" because "[s]uch defendants make common cause against the plaintiff, and the plaintiff asserts no theory that could lead to different results among the defendants." Id.; see also Doralee Ests., Inc. v. Cities Serv. Oil Co., 569 F.2d 716, 724 (2d Cir. 1977) (finding where the two defendants "did not assume adverse positions on any jury issue," "[t]he trial judge was well within his discretion under 28 U.S.C. 1870 to allot [the defendants] one peremptory challenge to be exercised each and three peremptory challenges to be exercised jointly, since the third-party defendant was in the same position as the defendant in resisting the claim of the plaintiff"). Here, the Court finds that it is not necessary to allow Defendants to exercise their peremptory challenges separately, nor is it necessary to allow Defendants any additional peremptory challenges. Importantly, the Court does not base its holding on the fact that these two actions have been consolidated for trial. Rather, the Court bases its holding on the fact that while Plaintiff's theories of liability against Defendants are not identical, Plaintiff's theories are not materially adverse. Moreover, Defendants' positions are not materially adverse to one another's. Accordingly, the Court finds that three peremptory challenges per side, with Defendants' peremptory challenges to be exercised jointly, are sufficient. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/24/2022) (tg)
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Filing 173
ORDER: It is hereby ORDERED, that pursuant to Fed. R. Civ. P. 21 plaintiff's claims against defendant Pagliaro be and hereby are severed from these consolidated actions, and it is further ORDERED, that pursuant to Fed. R. Civ. P. 42(b), plaintiff reserves the right to request that a separate trial against the representative of Pagliaro's estate, after one is appointed, take place at a future date to be set by future order of this Court, subject to any objections by the representative of Pagliaro's estate that such trial should not proceed. Gary Pagliaro terminated. (Signed by Judge Kenneth M. Karas on 6/24/2022) (tg)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #171 Proposed Order was reviewed and approved as to form. (km) |
| Filing 172 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 06/23/2022 re: Peremptory challenges. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 171 PROPOSED ORDER. Document filed by Chad Stanbro..(Sivin, Edward) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 170 LETTER addressed to Judge Kenneth M. Karas from Jeb Harben dated 6/23/22 re: Deposition Testimony of Gary Pagliaro. Document filed by Richard Landry, Kristofer Leonardo, Enrique Torres..(Harben, Jeb) |
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Filing 169
ORDER terminating #126 Motion in Limine; terminating #140 Motion in Limine; terminating #149 Motion in Limine. For the reasons discussed on the record, the Court issues the following rulings as to the Parties' motions in limine: As further set forth by this Order.The Clerk of Court is directed to terminate the following pending motions: Dkt. Nos. 126, 140, and 149 in Case No. 20-CV-1591; Dkt. Nos. 101, 125, 126, and 127 in Case No. 19-CV-10857. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/23/2022) (tg)
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| Filing 168 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 06/23/2022 re: Reading of deposition transcript of deceased defendant Pagliaro. Document filed by Chad Stanbro..(Sivin, Edward) |
| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Mark Heinze re: Document #167 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions.. (km) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Final Pretrial Conference held on 6/17/2022. Edward Sivin and Glenn Miller appeared on behalf of Plaintiff. Mark Heinze appeared on behalf of Defendants Nadya Palou and Raymond Deal. Jeb Harben and John Doran appeared on behalf of Defendants Kristofer Leonardo, Richard Landry, and Enrique Torres. Claudine Weis and Jay Couzens appeared on behalf of Defendants Westchester County Health Care Corporation, Westchester Medical Center, and Dr. John Full. Robert Fitch and Iolanda Francavilla appeared on behalf of Defendant Dr. Frank Weber. Sue Ghorayeb served as court reporter. The Court ruled on the parties' motions in limine as explained on the record. See also Order. (SB) |
| Filing 167 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou. (Attachments: #1 Text of Proposed Order Wifi Order).(Heinze, Mark) Proposed Order to be reviewed by Clerk's Office staff. Modified on 6/21/2022 (km). |
| Filing 166 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 06/16/22 re: Suggestion of Death re defendant Pagliaro. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 165 SUGGESTION OF DEATH upon the record as to Gary Pagliaro on 4/12/22 AMENDED. Document filed by Richard Landry, Kristofer Leonardo, Enrique Torres.(Harben, Jeb) |
| Filing 164 LETTER addressed to Judge Kenneth M. Karas from Jeb Harben dated 6/16/22 re: Suggestion of Death (Pagliaro). Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Harben, Jeb) |
| Filing 163 SUGGESTION OF DEATH upon the record as to Gary Pagliaro on 4/12/22 . Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres.(Harben, Jeb) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Edward Sivin to RE-FILE Document #158 Memorandum of Law in Opposition to Motion,. ERROR(S): Linked to a deficient filing. (kj) |
| Filing 162 DECLARATION of Jeb Harben in Opposition re: #126 FIRST MOTION in Limine .. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Harben, Jeb) |
| Filing 161 RESPONSE in Opposition to Motion re: #126 FIRST MOTION in Limine . . Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Harben, Jeb) |
| Filing 160 DECLARATION of Robert A. Fitch in Opposition re: #126 FIRST MOTION in Limine .. Document filed by Frank Weber, DDS..(D'Ambrosi-Francavilla, Iolanda) |
| Filing 159 MEMORANDUM OF LAW in Opposition re: #140 MOTION in Limine . . Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 158 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #155 MOTION in Limine (Corrected per deficiency Notice). . Document filed by Chad Stanbro..(Sivin, Edward) Modified on 6/15/2022 (kj). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark Heinze to RE-FILE Document #155 MOTION in Limine (Corrected per deficiency Notice).. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents. Use Declaration in Support of Motion found under the Event List. (kj) |
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Filing 157
NOTICE OF TELECONFERENCE INFORMATION. For the week of June 13, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments in this matter by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/13/22) (yv)
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| Filing 156 RESPONSE in Opposition to Motion re: #126 FIRST MOTION in Limine . (Corrected). Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou. (Attachments: #1 Affidavit Heinze Declaration, #2 Exhibit Ex A Deposition Excerpts).(Heinze, Mark) |
| Filing 155 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine (Corrected per deficiency Notice). Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou. Return Date set for 6/17/2022 at 02:00 PM. (Attachments: #1 Affidavit Heinze Decl, #2 Exhibit Ex A Plaintiff Rule 26, #3 Exhibit Ex B Deposition Excerpts).(Heinze, Mark) Modified on 6/15/2022 (kj). |
| Filing 154 RESPONSE to Motion re: #140 MOTION in Limine . . Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 153 RESPONSE to Motion re: #126 FIRST MOTION in Limine . . Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 152 DECLARATION of Robert A. Fitch in Opposition re: #126 FIRST MOTION in Limine .. Document filed by Frank Weber, DDS. (Attachments: #1 Exhibit Plaintiff's Expert's Report).(D'Ambrosi-Francavilla, Iolanda) |
| Filing 151 FIRST MEMORANDUM OF LAW in Support re: #149 FIRST MOTION in Limine to Preclude Plaintiff's Expert Report. . Document filed by Frank Weber, DDS..(Fitch, Robert) |
| Filing 150 DECLARATION of Dr. Weber in Support re: #149 FIRST MOTION in Limine to Preclude Plaintiff's Expert Report.. Document filed by Frank Weber, DDS. (Attachments: #1 Exhibit Exhibit A - Amended Complaint, #2 Exhibit Exhibit B - Answer, #3 Exhibit Exhibit C - Plaintiff's Expert, Dr. Todd's, Report and CV, #4 Exhibit Exhibit D - Dr. Todd's Deposition Transcript).(Fitch, Robert) |
| Filing 149 FIRST MOTION in Limine to Preclude Plaintiff's Expert Report. Document filed by Frank Weber, DDS..(Fitch, Robert) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Fitch to RE-FILE Document #146 Declaration in Support of Motion,,. ERROR(S): Linked to a deficient filing #145 . (kj) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Robert Fitch to RE-FILE Document #145 FIRST MOTION in Limine to Preclude Plaintiff's Expert Report. Wrong PDF is attached. (kj) |
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Filing 148
ORDER granting #147 Letter Motion to Seal. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 6/9/2022) (tg)
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| Filing 147 LETTER MOTION to Seal Exhibit A of ECF No. 142 addressed to Judge Kenneth M. Karas from Jeb Harben dated 6/9/22. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Harben, Jeb) |
| Filing 146 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Dr. Weber in Support re: #145 FIRST MOTION in Limine to Preclude Plaintiff's Expert Report.. Document filed by Frank Weber, DDS. (Attachments: #1 Exhibit Exhibit A - Amended Complaint, #2 Exhibit Exhibit B - Answer, #3 Exhibit Exhibit C - Plaintiff's Expert, Dr. Todd's, Report and CV, #4 Exhibit Exhibit D - Dr. Todd's Deposition Transcript).(Fitch, Robert) Modified on 6/10/2022 (kj). |
| Filing 145 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - FIRST MOTION in Limine to Preclude Plaintiff's Expert Report. Document filed by Frank Weber, DDS..(Fitch, Robert) Modified on 6/10/2022 (kj). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark Francis Heinze to RE-FILE Document #136 MOTION in Limine . ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Anthony Fitch to RE-FILE Document #133 FIRST MOTION in Limine to Preclude Plaintiff's Expert Report. ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) |
| Filing 144 AMENDED CALENDAR NOTICE: Please take notice that the final pre-trial conference will now be held via teleconference on Friday, June 17, 2022, at 2:00 pm. Counsel shall call the following number at that time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). ( Telephone Conference set for 6/17/2022 at 02:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 6/7/2022) (ate) |
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Filing 143
ORDER denying #134 Motion to Dismiss; denying #134 Motion in Limine. Regardless of whether these motions are properly characterized as motions to dismiss or motions for summary judgment, they are clearly both untimely and procedurally improper. Therefore, Weber, WCHCC, WMC, and Full's motions to dismiss are denied. (Signed by Judge Kenneth M. Karas on 6/7/2022) (ate)
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| Filing 142 DECLARATION of Jeb Harben in Support re: #140 MOTION in Limine .. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Harben, Jeb) |
| Filing 141 MEMORANDUM OF LAW in Support re: #140 MOTION in Limine . . Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Harben, Jeb) |
| Filing 140 MOTION in Limine . Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Harben, Jeb) |
| Filing 139 PROPOSED JURY INSTRUCTIONS. Document filed by Frank Weber, DDS. (Attachments: #1 Exhibit Verdict Sheet).(Fitch, Robert) |
| Filing 138 PROPOSED JURY INSTRUCTIONS. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres. (Attachments: #1 Supplement Correctional Defendants' (Palou, Deal, Landry, Leonardo, Pagliaro, Torres) Proposed Verdict Sheet).(Doran, John) |
| Filing 137 PROPOSED VOIR DIRE QUESTIONS. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Doran, John) |
| Filing 136 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine . Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou. Return Date set for 6/17/2022 at 10:30 AM. (Attachments: #1 Affidavit Heinze Decl & Exhibits).(Heinze, Mark) Modified on 6/8/2022 (db). |
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Filing 135
CALENDAR NOTICE, Please take notice that the final pre-trial conference will now be held via teleconference on Friday, June 17, 2022, at 10:30am. Counsel shall call the following number at that time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. ( Telephone Conference set for 6/17/2022 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 6/6/22) (yv)
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| Filing 134 SECOND MOTION to Dismiss ., MOTION in Limine . Document filed by Frank Weber, DDS. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit Amended Complaint, #3 Exhibit Answer, #4 Exhibit Weber Deposition).(Fitch, Robert) |
| Filing 133 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION in Limine to Preclude Plaintiff's Expert Report. Document filed by Frank Weber, DDS. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit Exhibit A - Amended Complaint, #3 Exhibit Exhibit B - Answer, #4 Exhibit Exhibit C - Plaintiff's Expert, Dr. Todd_s, Report and CV, #5 Exhibit Exhibit D - Dr. Todd's Deposition Transcript).(Fitch, Robert) Modified on 6/8/2022 (db). |
| Filing 132 PROPOSED VOIR DIRE QUESTIONS. Document filed by Frank Weber, DDS..(Fitch, Robert) |
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Filing 131
ORDER granting #127 Letter Motion for Extension of Time to File. Granted. The Clerk of Court is directed to file this Order in both related actions (Case Nos. 19-CV-10857 & 20-CV-1591), and terminate the motions at Dkt. Nos. 102 & 103 in Case No. 19-CV-10857 and at Dkt. No. 127 in Case No. 20-CV-1591. So Ordered. (Signed by Judge Kenneth M. Karas on 6/3/22) (yv)
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| Filing 130 PROPOSED JURY INSTRUCTIONS. Document filed by Chad Stanbro. (Attachments: #1 Exhibit Proposed Verdict Sheet).(Sivin, Edward) |
| Filing 129 PROPOSED JURY INSTRUCTIONS. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 128 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated June 3, 2022 re: Proposed Jury Instructions and Proposed Verdict Sheet. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 127 LETTER MOTION for Extension of Time to File (all defendants respectfully request an extension of their time to file Motions in Limine, Joint Jury Instructions and a Verdict Sheet) addressed to Judge Kenneth M. Karas from Claudine Weis (on behalf of all Defendants) dated 6/3/2022. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Doran, John) |
| Set/Reset Deadlines: Motions due by 6/6/2022. Responses due by 6/14/2022 (yv) |
| Filing 126 FIRST MOTION in Limine . Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 125 PROPOSED VOIR DIRE QUESTIONS. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 124 PROPOSED PRE-TRIAL ORDER. Document filed by Chad Stanbro..(Sivin, Edward) |
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Filing 123
ORDER denying without prejudice #121 Letter Motion for Conference re: #121 LETTER MOTION for Conference (respectfully requesting a pre-motion conference in anticipation of the OAG Represented Defendants filing a FRCP 12(c) motion) addressed to Judge Kenneth M. Karas from AAG John Doran dated 5/04/2022. This application is denied without prejudice. It is untimely, as Defendants had years to file it, but waited until seven weeks before trial. Also, Plaintiff has offered to stipulate to some of the issues raised herein and the rest can be resolved at trial. So Ordered. (Signed by Judge Kenneth M. Karas on 5/5/22) (yv)
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| Filing 122 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 05/05/22 re: Defendants' request for pre-motion conference. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 121 LETTER MOTION for Conference (respectfully requesting a pre-motion conference in anticipation of the OAG Represented Defendants filing a FRCP 12(c) motion) addressed to Judge Kenneth M. Karas from AAG John Doran dated 5/04/2022. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Doran, John) |
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Filing 120
MEMO ENDORSEMENT on re: #107 Proposed Order for Withdrawal of Attorney filed by Kristofer Leonardo, Enrique Torres, Gary Pagliaro, Richard Landry. ENDORSEMENT: IT IS SO ORDERED. Attorney Brendan Michael Horan terminated. (Signed by Judge Kenneth M. Karas on 4/20/2022) (kv)
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| Filing 119 NOTICE OF APPEARANCE by Jeb Harben on behalf of Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Harben, Jeb) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 3/29/2022. Edward Sivin appeared on behalf of Plaintiff. Mark Heinze appeared on behalf of Defendants Correction Officers Nadya Palou and Raymond Deal. John Duran and Maria Hartofilis appeared on behalf of Defendants Correction Officer Kristofer Leonardo, Correction Officer Richard Landry, Correction Nurse Gary Pagliaro, and Correction Officer Enrique Torres. Claudine Weis appeared on behalf of Defendants Westchester Medical Center and John Full. Robert Fitch appeared on behalf of Defendant Frank Weber. No court reporter served. The jury selection and joint trial of these cases will begin on June 27, 2022, as scheduled. The Parties are to comply with all interim deadlines as set out in the Court's scheduling order. (SB) |
| Filing 118 LETTER MOTION for Conference re: #114 Letter in reply to TT's response to our request adj or trial and request for conference to discuss addressed to Judge Kenneth M. Karas from Robert A. Fitch dated March 29, 2022. Document filed by Frank Weber, DDS. (Attachments: #1 Exhibit).(Fitch, Robert) |
| Filing 117 RESPONSE (respectfully providing a response to Dr. Weber's letter dated March 24, 2022, Dkt No 112, as well as Plaintiff's letter dated March 24, 2022, Dkt No 114). Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Doran, John) |
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Filing 116
NOTICE OF TELECONFERENCE INFORMATION. For the week of March 28, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/25/22) (yv)
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Filing 115
ORDER granting #113 Letter Motion for Conference re: #113 LETTER MOTION for Conference and to adjourn trial addressed to Judge Kenneth M. Karas from Robert A. Fitch dated March 24, 2022. Granted. The Court will hold a Telephone Conference on Tuesday 3/29 at 12:15. So Ordered. ( Telephone Conference set for 3/29/2022 at 12:15 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 3/25/22) (yv)
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| Filing 114 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 03/24/22 re: Defendant's request to adjourn trial. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 113 LETTER MOTION for Conference and to adjourn trial addressed to Judge Kenneth M. Karas from Robert A. Fitch dated March 24, 2022. Document filed by Frank Weber, DDS..(Fitch, Robert) |
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Filing 112
SCHEDULING ORDER: The Court adopts the following schedule: Motions due by 6/3/2022. Responses due by 6/13/2022 Final Pretrial Conference set for 6/16/2022 at 02:00 PM before Judge Kenneth M. Karas. Pretrial Order due by 5/20/2022. Jury Selection set for 6/27/2022 at 10:00 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. Jury Trial set for 6/27/2022 at 10:00 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/22/22) (yv)
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| Filing 111 RESPONSE re: #108 Endorsed Letter, (respectfully providing a response to the Court's February 25, 2022 Order which directed the Defendants to respond to Plaintiff's February 24, 2022 letter regarding consolidation). Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Doran, John) |
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Filing 110
ORDER granting #109 Letter Motion for Extension of Time. Granted, but there will be no more extensions. So Ordered. (Signed by Judge Kenneth M. Karas on 3/7/22) (yv)
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| Filing 109 LETTER MOTION for Extension of Time to Comply with Court's February 25, 2022 Order addressed to Judge Kenneth M. Karas from AAG Maria Hartofilis dated March 4, 2022. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Hartofilis, Maria) |
| Filing 108 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 2/24/2022 re: request for conference. ENDORSEMENT: The trial of this case will take place in late June. Therefore, Defendants are to respond to this letter by 3/4/22. (Signed by Judge Kenneth M. Karas on 2/25/2022) (ate) |
| Filing 107 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Horan, Brendan) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 2/9/2022. Edward Sivin appeared on behalf of Plaintiff. Mark Heinze appeared on behalf of Defendants Correction Officers Nadya Palou and Raymond Deal. Brendan Horan, Maria Hartofilis, and John Duran appeared on behalf of Defendants Correction Officer Kristofer Leonardo, Correction Officer Richard Landry, Correction Nurse Gary Pagliaro, and Correction Officer Enrique Torres. Claudine Weis appeared on behalf of Defendants Westchester Medical Center and John Full. Robert Fitch appeared on behalf of Defendant Frank Weber. No court reporter served. The Parties will update the Court regarding whether there is agreement as to consolidation for trial and the status of settlement discussions.(SB) |
| Filing 106 NOTICE OF APPEARANCE by John Roach Doran on behalf of Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Doran, John) |
| Filing 105 NOTICE OF APPEARANCE by Maria Barous Hartofilis on behalf of Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Hartofilis, Maria) |
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Filing 104
NOTICE OF TELECONFERENCE INFORMATION: For the week of February 7, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/4/2022) (ks)
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Filing 103
MEMO ENDORSEMENT: on re: (87 in 7:19-cv-10857-KMK) Letter filed by Chad Stanbro. ENDORSEMENT: The Court will hold a teleconference on February 9, 2022 at 11:00 a.m. SO ORDERED., ( Telephone Conference set for 2/9/2022 at 11:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 1/31/2022) (ama)
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Filing 102
MEMO ENDORSEMENT granting #100 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney Julie Ann Ortiz terminated.. (Signed by Judge Kenneth M. Karas on 12/27/2021) (kv)
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Filing 101
MEMO ENDORSEMENT on re: (85 in 7:19-cv-10857-KMK) Letter filed by Westchester Medical Center. ENDORSEMENT: Granted, but there will be no further extensions. SO ORDERED. ( Motions due by 1/21/2022., Responses due by 2/18/2022, Replies due by 3/11/2022.) (Signed by Judge Kenneth M. Karas on 12/21/2021) (tg)
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| Filing 100 MOTION for Julie A. Ortiz to Withdraw as Attorney . Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Ortiz, Julie) |
| Filing 99 NOTICE OF APPEARANCE by Brendan Michael Horan on behalf of Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Horan, Brendan) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 12/7/2021. Edward Sivin appeared on behalf of Plaintiff. Mark Heinze appeared on behalf of Defendants Correction Officers Nadya Palou and Raymond Deal. Julie Ortiz appeared on behalf of Defendants Correction Officer Kristofer Leonardo, Correction Officer Richard Landry, Correction Nurse Gary Pagliaro, and Correction Officer Enrique Torres. Claudine Weis appeared on behalf of Defendants Westchester Medical Center and John Full. Iolanda D'Ambrosi-Francavilla appeared on behalf of Defendant Frank Weber. No court reporter served. The Parties shall file the letter as discussed on the record by December 14, 2021.(SB) |
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Filing 98
NOTICE OF TELECONFERENCE INFORMATION: For the week of December 6, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/3/2021) (jca)
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| Filing 97 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 11/28/2021 re: pre-motion conference. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 96 LETTER MOTION for Leave to File Motion for Summary Judgment addressed to Judge Kenneth M. Karas from Mark Heinze dated 11/24/2021. Document filed by Deal, Raymond Deal, N. Palou, Nadya Palou..(Heinze, Mark) |
| Filing 95 LETTER addressed to Judge Kenneth M. Karas from Iolanda D'Ambrosi-Francavilla dated 11/22/21 re: pre-motion conference. Document filed by Frank Weber, DDS..(D'Ambrosi-Francavilla, Iolanda) |
| Filing 94 NOTICE OF APPEARANCE by Iolanda Valentina D'Ambrosi-Francavilla on behalf of Frank Weber, DDS..(D'Ambrosi-Francavilla, Iolanda) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Case Management Conference held on 11/23/2021. Edward Sivin appeared on behalf of Plaintiff. Patrick Jordan appeared on behalf of Defendants Correction Officers Nadya Palou and Raymond Deal. Julie Ortiz appeared on behalf of Defendants Correction Officer Kristofer Leonardo, Correction Officer Richard Landry, Correction Nurse Gary Pagliaro, and Correction Officer Enrique Torres. Claudine Weis appeared on behalf of Defendants Westchester Medical Center and John Full. Iolanda D'Ambrosi-Francavilla appeared on behalf of Defendant Frank Weber. No court reporter served. The Court will hold a pre-motion conference on December 7, 2021, at 10am. (SB) |
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Filing 93
NOTICE OF TELECONFERENCE INFORMATION. For the week of November 22, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/19/21) (yv)
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| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on November 19, 2021. Discovery complete. Referral closed. (jah) |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on November 4, 2021. Plaintiff's letter motion regarding the expert fee dispute is due November 10, 2021. Defendants' response is due November 17, 2021. Next Telephone Conference scheduled for November 19, 2021 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference. (jah) |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy. Telephone Conference held on October 7, 2021. Next Telephone Conference scheduled for November 4, 2021 at 11:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference. (Ross, Caitlin) |
| Filing 92 INTERNET CITATION NOTE: Material from decision with Internet citation re: #89 Order on Motion for Sanctions. (sjo) |
| Filing 91 INTERNET CITATION NOTE: Material from decision with Internet citation re: #89 Order on Motion for Sanctions. (sjo) |
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Filing 90
ORDER: denying #87 Letter Motion for Discovery. Accordingly, OAG Defendants' Motion for Reconsideration is denied. However, Plaintiff shall provide OAG Defendants with any medical records or notes that Plaintiff's expert created during the expert's January 6, 2021 examination of Plaintiff and relied upon in arriving at the opinions expressed in the expert report pursuant to Federal Rule of Civil Procedure 26(a)(2)(B), to the extent not already provided. And as set forth herein. SO ORDERED.. (Signed by Judge Kenneth M. Karas on 9/14/2021) (ama)
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| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on September 10, 2021. The deadline to complete expert depositions is extended to October 4, 2021. Next Telephone Conference scheduled for October 7, 2021 at 10:30 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference. (jah) |
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Filing 89
ORDER granting in part and denying in part #71 Motion for Sanctions.For the foregoing reasons, Plaintiff's Motion for spoliation sanctions is granted in part and denied in part. Plaintiff's Motion for Sanctions against Officers Leonardo, Landry, Deal and Palou is denied. Plaintiff's request for an adverse-inference instruction with respect to Sergeant Torres' conduct is denied. However, Plaintiff is entitled to present evidence at trial concerning the loss and likely relevance of the Video, as outlines herein. The Clerk is respectfully requested to terminate the Motion in case numbers 19 Civ. 10857, Docket No. 69, and 20 Civ. 1591, Docket No. 71. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 8/27/2021) (vfr)
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| Filing 88 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 08/26/21 re: OAG defendants' request for reconsideration. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 87 LETTER MOTION for Discovery for reconsideration of the Court's Memo Endorsement dated August 25, 2021 addressed to Judge Kenneth M. Karas from Julie A. Ortiz dated August 26, 2021. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Ortiz, Julie) |
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Filing 86
MEMO ENDORSEMENT on re: #85 Letter OAG defendants' request for an order directing plaintiff to appear for an IME filed by Chad Stanbro denying #84 Letter Motion for Discovery. ENDORSEMENT: The Court agrees with Plaintiff. The OAG's request to, in effect, re-open fact discovery is untimely. Even taking into consideration counsel's recent addition to this case, the OAG itself had plenty of time to make the request for the IME of Plaintiff. So Ordered. (Signed by Judge Kenneth M. Karas on 8/25/21) (yv)
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| Filing 85 LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 08/25/21 re: OAG defendants' request for an order directing plaintiff to appear for an IME. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 84 FIRST LETTER MOTION for Discovery seeking to conduct IME of plaintiff addressed to Judge Kenneth M. Karas from Julie A. Ortiz dated August 24, 2021. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Ortiz, Julie) |
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Filing 83
SCHEDULING ORDER granting #82 Letter Motion to Adjourn Conference. The Telephone Conference scheduled for August 19, 2021 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy is adjourned to September 10, 2021 at 11:30 a.m. Counsel shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017 Access Code: 4264138. The Clerk is directed to terminate the pending motion in Case No. 20 Civ. 1591, (Docket No.82). SO ORDERED. Telephone Conference set for 9/10/2021 at 11:30 AM before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 8/16/2021) (vfr) Modified on 8/16/2021 (vfr).
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| Filing 82 FIRST LETTER MOTION to Adjourn Conference Conference scheduled for August 19, 2021 addressed to Magistrate Judge Judith C. McCarthy from Julie A. Ortiz dated August 13, 2021. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Ortiz, Julie) |
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Filing 81
ORDER granting #80 Letter Motion for Extension of Time. Granted. The next case management conference will be held on 11/23/21 at 11:30 am. The PMC letter deadlines are moved accordingly. So Ordered., Deposition due by 9/13/2021. (Signed by Judge Kenneth M. Karas on 8/11/2021) (rj)
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| Set/Reset Deadlines: Expert Discovery due by 10/30/2021. (rj) |
| Set/Reset Hearings: Case Management Conference set for 11/23/2021 at 11:30 AM before Judge Kenneth M. Karas. (rj) |
| Filing 80 LETTER MOTION for Extension of Time to extend Expert Discovery addressed to Judge Kenneth M. Karas from Julie A. Ortiz dated August 10, 2021. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Ortiz, Julie) |
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Filing 79
MEMO ENDORSEMENT granting #78 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney Deanna Lea Collins terminated. (Signed by Judge Kenneth M. Karas on 7/26/2021) (vfr)
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| Filing 78 MOTION for AAG Deanna L. Collins to Withdraw as Attorney . Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Collins, Deanna) |
| Filing 77 NOTICE OF APPEARANCE by Julie Ann Ortiz on behalf of Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Ortiz, Julie) |
| Filing 76 STATUS REPORT. Document filed by Chad Stanbro..(Sivin, Edward) |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on July 14, 2021. The deadline to complete all expert discovery is August 30, 2021. The parties are directed to submit a proposed interim expert discovery schedule to the Court by July 19, 2021. Next Telephone Conference scheduled for August 19, 2021 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference. (jah) |
| Filing 75 SECOND REPLY MEMORANDUM OF LAW in Support re: #71 MOTION for Sanctions for Spoliation. . Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 74 REPLY MEMORANDUM OF LAW in Support re: #71 MOTION for Sanctions for Spoliation. . Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 73 MEMORANDUM OF LAW in Support re: #71 MOTION for Sanctions for Spoliation. . Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 72 DECLARATION of Edward Sivin in Support re: #71 MOTION for Sanctions for Spoliation.. Document filed by Chad Stanbro. (Attachments: #1 Exhibit 1: Pertinent portions of the transcript of the deposition of defendant Raymond Deal, #2 Exhibit 2: Pertinent portions of the transcript of the deposition of defendant Kristofer Leonardo, #3 Exhibit 3: Pertinent portions of the transcript of the deposition of defendant Richard Landry, #4 Exhibit 4: Pertinent portions of the transcript of the deposition of defendant Nadya Palou, #5 Exhibit 5: Pertinent portions of the transcript of the deposition of defendant Enrique Torres, #6 Exhibit 6: Declarations (4) of New York State officials regarding efforts to locate the videotape, #7 Exhibit 7: Pertinent portions of the transcript of the deposition of Fishkill Deputy Superintendent of Security Stephen Urbanski).(Sivin, Edward) |
| Filing 71 MOTION for Sanctions for Spoliation. Document filed by Chad Stanbro..(Sivin, Edward) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Edward Sivin to RE-FILE Document #67 MOTION for Sanctions for Spoliation. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 70 RESPONSE to Motion re: #67 MOTION for Sanctions for Spoliation. Brief. Document filed by Raymond Deal, Nadya Palou. (Attachments: #1 Affidavit Deal Declaration, #2 Affidavit Palou Declaration, #3 Affidavit Proof of Service).(Heinze, Mark) |
| Filing 69 MEMORANDUM OF LAW in Opposition re: #67 MOTION for Sanctions for Spoliation. . Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Collins, Deanna) |
| Filing 68 DECLARATION of Deanna L. Collins in Opposition re: #67 MOTION for Sanctions for Spoliation.. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres. (Attachments: #1 Ex A (screen shot of WMC video), #2 Ex B (Plaintiff's deposition transcript), #3 Ex C (UOF photos), #4 Ex D (Pagliaro deposition transcript), #5 Ex E (Urbanski deposition transcript), #6 Ex F (Torres deposition transcript), #7 Ex G (Notice of intent to file claim)).(Collins, Deanna) |
| Filing 67 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sanctions for Spoliation. Document filed by Chad Stanbro. (Attachments: #1 Declaration in Support of Motion for Spoliation Sanctions, #2 Exhibit 1: Pertinent portions of the transcript of the deposition of defendant Raymond Deal, #3 Exhibit 2: Pertinent portions of the transcript of the deposition of defendant Kristofer Leonardo, #4 Exhibit 3: Pertinent portions of the transcript of the deposition of defendant Richard Landry, #5 Exhibit 4: Pertinent portions of the transcript of the deposition of defendant Nadya Palou, #6 Exhibit 5: Pertinent portions of the transcript of the deposition of defendant Enrique Torres, #7 Exhibit 6: Declarations (4) of New York State officials regarding efforts to locate the videotape, #8 Exhibit 7: Pertinent portions of the transcript of the deposition of Fishkill Deputy Superintendent of Security Stephen Urbanski, #9 Memorandum of Law in Support of Motion for Spoliation Sanctions).(Sivin, Edward) Modified on 6/21/2021 (ldi). |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on May 28, 2021. Next Telephone Conference scheduled for July 14, 2021 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference. (jah) |
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Filing 66
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER granting (67 in 19cv10857) Letter Motion for Discovery: This case is to be tried to a jury. Deposition due by 8/30/2021. Fact Discovery due by 6/30/2021. Parties have conferred and their present best estimate of the length of trial is 10 days. There will be no extensions of the deadline for completion of discovery past the date discovery is scheduled to be completed in this Order without the permission of the Court, nor should counsel assume that any extensions will be granted. Counsel may seek permission for extension of interim discovery deadlines from the magistrate judge to whom the case is referred. Counsel may seek permission for an extension of the deadline for completion of discovery past the date discovery is scheduled to be completed in this Order only after consenting to allowing the magistrate judge to handle the case for all purposes. Case Management Conference set for 10/15/2021 at 11:30 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 5/17/21) (yv)
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| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on April 23, 2021. Counsel for Defendants Westchester Medical Center and Dr. John Full did not appear and is directed to explain, in writing, his failure to do so. (1) Plaintiff's motion for spoliation is due June 1, 2021; (2) Defendants Correction Officers Leonardo, Landry, Pagliaro and Torres' opposition is due June 15, 2021; and (3) Plaintiff's reply is due June 22, 2021. Next Telephone Conference scheduled for May 28, 2021 at 11:30 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference.(Court Reporter AT&T Teleconferencing) (jah) |
| Filing 65 LETTER addressed to Judge Kenneth M. Karas from AAG Deanna L. Collins dated 04/02/2021 re: Motion to dismiss Dr. Weber's cross-claims. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Collins, Deanna) |
| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Discovery Dispute Hearing held on March 31, 2021 in 19-cv-10857 and 20-cv-1591. Oral arguments heard on Docket Nos. 56, 58 and 59 in 20-cv-1591. DOCCS is directed to complete its search for the videotape and provide an affidavit setting forth the details of the search by April 21, 2021. Next Telephone Conference scheduled for April 23, 2021 at 2:15 p.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference. (Court Reporter AT&T Recording) (jah) |
| Filing 64 ANSWER to #12 Amended Complaint,. Document filed by N. Palou, Nadya Palou..(Heinze, Mark) |
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Filing 63
NOTICE OF TELECONFERENCE INFORMATION: For the week of March 22, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/21/2021) (jca)
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Filing 62
ORDER. In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure 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, and as further specified and set forth in this Order. So ordered. (Signed by Magistrate Judge Judith C. McCarthy on 3/17/2021) (rjm)
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Filing 61
SCHEDULING ORDER: The Court will hold a Discovery Dispute Conference on March 31, 2021 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy to discuss the issues raised in 20 Civ. 1591, Docket Nos. 56, 58 and 59. Counsel shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017. Access Code: 4264138. So ordered. (Telephone Conference set for 3/31/2021 at 10:00 AM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 3/17/2021) (rjm)
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Filing 60
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Judith C. McCarthy. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/17/2021) (jca)
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| Filing 59 SECOND LETTER addressed to Judge Kenneth M. Karas from Edward Sivin dated 03/16/21 re: Pre-motion conference. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 58 LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from AAG Deanna L. Collins dated 03/15/2021 re: #56 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Kenneth M. Karas from Edward Sivin dated 03/10/21. . Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Collins, Deanna) |
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Filing 57
MEMO ENDORSEMENT on re: (55 in 7:20-cv-01591-KMK) Letter, filed by Kristofer Leonardo, Enrique Torres, Gary Pagliaro, Richard Landry, (55 in 7:19-cv-10857-KMK) Letter, filed by New York State Attorney General. ENDORSEMENT: OAG Represented Defendants' Motion is due on April 9, 2021. Weber's Opposition is due May 7, 2021. OAG Represented Defendants' Reply, if any, is due May 21, 2021. SO ORDERED. (Motions due by 4/9/2021., Responses due by 5/7/2021, Replies due by 5/21/2021.) (Signed by Judge Kenneth M. Karas on 3/11/2021) (jca)
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| Filing 56 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Kenneth M. Karas from Edward Sivin dated 03/10/21. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 55 LETTER addressed to Judge Kenneth M. Karas from AAG Deanna L. Collins dated 02/26/2021 re: Pre-motion letter to counsel for Dr. Weber in the matter of No. 19-cv-10857 (COURT COPY), in accordance with R. II(A) of the Court's Individual Rules of Practice. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Collins, Deanna) |
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Filing 54
CASE MANAGEMENT AND SCHEDULING ORDER: At the conference before the Court held on 10/21/2020 Case Management Plan and Scheduling Order was adopted in accordance with Rules 16-26(f) of the Federal Rules of Civil Procedure. This case is to be tried to a jury. No additional parties may be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court. Depositions to be completed by 5/25/2021. Motions: All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements. Summary Judgment or other dispositive motions are due at the close of discovery. All counsel must meet for at least one hour to discuss settlement not later than two weeks following the close of fact discovery. The Office of the Attorney General is not in agreement with this provision and requests a settlement conference. Parties have conferred and their present best estimate of the length of trial is 10 days. Deposition due by 5/25/2021., Fact Discovery due by 5/25/2021., Case Management Conference set for 6/17/2021 at 02:00 PM before Judge Kenneth M. Karas. The movant's pre-motion letter is due June 3, 2021. The non-movant's response is due June 10, 2021. (And as further set forth herein.) SO ORDERED. Motions terminated: (51 in 7:20-cv-01591-KMK) LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Kenneth M. Karas from Edward Sivin dated 02/18/2021. filed by Chad Stanbro. (Signed by Judge Kenneth M. Karas on 2/25/2021) (jca)
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| Filing 53 LETTER addressed to Judge Kenneth M. Karas from AAG Deanna L. Collins dated 02/24/2021 re: Pre-motion letter to counsel for Westchester Health Care Corp, et al. in the matter of No. 19-cv-10857 (COURT COPY), in accordance with R. II(A) of the Court's Individual Rules of Practice. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Collins, Deanna) |
| ***DELETED DOCUMENT. Deleted Minute Entry of February 4, 2021. The document was incorrectly filed in this case. (Landers, Rigoberto) |
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Filing 52
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: PLEASE TAKE NOTICE THAT upon the declaration of Andrew C. Weiss, sworn to on January 11, 2021, the exhibits annexed thereto, and upon the copy of the Amended Complaint in the action under Case No. 7:20-cv-01591-KMK hereto annexed, it is ORDERED, that the defendant Correction Officer Nadya Palou show cause before this Honorable Court, at Room 521, United States Courthouse, 300 Quarropas Street, White Plains, New York, 10601, on March 21, 2021, at 10:30 o'clock in the morning thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 55(a) of the Federal Rules of Civil Procedure entering default for failure to file an Answer or to otherwise appear in this action; and it is furtherORDERED that a copy of this order, annexed affirmation, and exhibits, be served upon defendant Palou on or before 5 o'clock in the after noon, March 9, 2021, and that such service shall be deemed good and sufficient service thereof. The hearing will be conducted via teleconference. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888)363-4749. Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Telephone Conference set for 3/24/2021 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 2/23/2021) (jca)
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| Filing 51 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Kenneth M. Karas from Edward Sivin dated 02/18/2021. Document filed by Chad Stanbro. (Attachments: #1 Text of Proposed Order amending previous Case Management and Scheduling Order).(Sivin, Edward) |
| Filing 50 DECLARATION of Andrew C. Weiss in Support re: #49 Proposed Order to Show Cause Without Emergency Relief. Document filed by Chad Stanbro. (Attachments: #1 Exhibit Plaintiff's Complaint, #2 Exhibit Plaintiff's Amended Complaint, #3 Exhibit Affidavit of Service on Palou, #4 Exhibit OAG Defendants' Answer, #5 Exhibit Deal Answer, #6 Exhibit Clerk's Cert. of Default, #7 Exhibit Proposed Default Judgment).(Weiss, Andrew) |
| Filing 49 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Chad Stanbro..(Weiss, Andrew) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 48 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Chad Stanbro..(Weiss, Andrew) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 2/18/2021 (km). |
| Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Chad Stanbro. (Attachments: #1 Affidavit Declaration in Support of Default Judgment, #2 Exhibit Plaintiff's Complaint, #3 Exhibit Plaintiff's Amended Complaint, #4 Exhibit Affidavit of Service on Palou, #5 Exhibit OAG Defendants' Answer, #6 Exhibit Deal Answer, #7 Exhibit Clerk's Cert. of Default, #8 Exhibit Proposed Default Judgment).(Weiss, Andrew) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 2/18/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Andrew Weiss to RE-FILE Document No. #47 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): the documents need to be filed separately. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. The declaration needs to be filed under other answers, declaration in support of a non-motion. (the other documents can be attached to the declaration as exhibits). (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to attorney Andrew Weiss to RE-FILE Document No. #48 Proposed Default Judgment. The filing is deficient for the following reason(s): change the title of the document to a proposed default judgment. Re-file the document using the event type Proposed Default Judgment found under the event list Proposed Orders. (km) |
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Filing 46
MEMO ENDORSEMENT denying without prejudice #42 MOTION for Order to Show Cause for Default Judgment Against Nadya Palou. ENDORSEMENT: Plaintiff's application is denied without prejudice due to form. Plaintiff may resubmit these papers as a proposed order to show cause in ECF. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/17/2021) (jca) Modified on 2/24/2021 (jca).
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Filing 45
STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/16/2021) (jca)
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| Filing 44 PROPOSED STIPULATION AND ORDER. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Collins, Deanna) |
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Filing 43
STIPULATION TO CONSOLIDATE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the respective parties herein for both Case No. 19-cv-10857 and 20-cv-01591, that both of these cases may be consolidated for the purposes of discovery, pursuant to Federal Rule of Civil Procedure 42. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/4/2021) (jca)
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| Filing 42 MOTION for Order to Show Cause for Default Judgment Against Nadya Palou. Document filed by Chad Stanbro. (Attachments: #1 Affidavit Declaration in Support of Default Judgment, #2 Exhibit Plaintiff's Complaint, #3 Exhibit Plaintiff's Amended Complaint, #4 Exhibit Affidavit of Service on Palou, #5 Exhibit OAG Defendants' Answer, #6 Exhibit Deal Answer, #7 Exhibit Clerk's Cert. of Default, #8 Exhibit Proposed Judgment).(Weiss, Andrew) |
| Filing 41 CLERK'S CERTIFICATE OF DEFAULT as to NADYA PALOU.(km) |
| Filing 40 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Chad Stanbro. (Attachments: #1 Text of Proposed Order Proposed Certificate of Default, #2 Affidavit Affirmation in Support).(Weiss, Andrew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 39 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Chad Stanbro. (Attachments: #1 Text of Proposed Order Proposed Certificate of Default, #2 Affidavit Affirmation in Support).(Weiss, Andrew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/6/2020 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Andrew Weiss. RE-FILE Document No. #39 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not cite the service of the amended complaint; Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies)who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, cites the service of the amended complaint. (km) |
| Filing 38 LETTER addressed to Judge Kenneth M. Karas from Andrew C. Weiss dated 10/28/2020 re: Consolidation/Proposed Scheduling. Document filed by Chad Stanbro. (Attachments: #1 Exhibit Stipulation to Consolidate, #2 Exhibit Proposed Case Scheduling Order).(Weiss, Andrew) |
| Filing 37 ANSWER to #12 Amended Complaint,. Document filed by Raymond Deal..(Heinze, Mark) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 10/21/2020. Edward Sivin appeared on behalf of Plaintiff. Deanna Collins appeared on behalf of Kristofer Leonardo, Richard Landry, Gary Pagliaro, and Enrique Torres. Brad Gross appeared on behalf of Raymond Deal. William Bave appeared on behalf of Westchester County Health Care Corporation, Westchester Medical Center, and John Full. Robert Fitch appeared on behalf of Frank Weber. No court reporter served. The Parties will file a proposed case management order by October 28, 2020. The Parties will by October 28, 2020 file a letter regarding their position on consolidating this case with 19cv10857, along with a stipulation or proposed briefing schedule, as appropriate. (EJJ) |
| Filing 36 LETTER addressed to Judge Kenneth M. Karas from AAG Deanna L. Collins dated 10/20/2020 re: the OAG Defendants' position with respect to a discovery plan. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Collins, Deanna) |
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Filing 35
NOTICE OF TELECONFERENCE INFORMATION: For the week of October 19, 2020, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/16/2020) (jca)
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Filing 34
ORDER granting #33 Letter Motion to Adjourn Conference. Granted. The Court will hold a conf. on 10/21/2020 at 10:30am. SO ORDERED. Telephone Conference set for 10/21/2020 at 10:30 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 9/8/2020) (jca)
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| Filing 33 LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Andrew C. Weiss dated 9/8/2020. Document filed by Chad Stanbro..(Weiss, Andrew) |
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Filing 32
ORDER granting #31 LETTER MOTION for Extension of Time to File Answer re: #10 Amended Complaint. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/26/2020) (jca)
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| Filing 31 LETTER MOTION for Extension of Time to File Answer re: #10 Amended Complaint, addressed to Judge Kenneth M. Karas from Bradley S. Gross dated August 21, 2020. Document filed by Raymond Deal..(Gross, Bradley) |
| Filing 30 ANSWER to #12 Amended Complaint, with JURY DEMAND. Document filed by Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Collins, Deanna) |
| Filing 29 NOTICE OF APPEARANCE by Deanna Lea Collins on behalf of Richard Landry, Kristofer Leonardo, Gary Pagliaro, Enrique Torres..(Collins, Deanna) |
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Filing 28
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for a status conference before the Honorable Kenneth M. Karas, United States District Judge, on Friday, September 18, 2020 at 10:00 a.m. NOTICE OF TELECONFERENCE INFORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign(#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Telephone Conference set for 9/18/2020 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 7/20/2020) (jca)
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Filing 27
ORDER granting #26 LETTER MOTION for Extension of Time for Defendants Deal and Palou to respond to the amended complaint addressed to Judge Kenneth M. Karas from AAG Deanna L. Collins dated 07/16/2020. Document filed by New York State Office of the Attorney General. Granted. So ordered. (Signed by Judge Kenneth M. Karas on 7/16/2020) (rjm)
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| Set/Reset Deadlines: Raymond Deal answer due 8/20/2020; Nadya Palou answer due 8/20/2020. (rjm) |
| Filing 26 LETTER MOTION for Extension of Time for Defendants Deal and Palou to respond to the amended complaint addressed to Judge Kenneth M. Karas from AAG Deanna L. Collins dated 07/16/2020. Document filed by New York State Office of the Attorney General..(Collins, Deanna) |
| Filing 25 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Kristofer Leonardo served on 5/26/2020, answer due 7/20/2020. Service was accepted by Marela Wilsey IRC 1. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Richard Landry served on 5/26/2020, answer due 7/20/2020. Service was accepted by Marela Wilsey IRC 1. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Nadya Palou served on 5/26/2020, answer due 7/20/2020. Document filed by Chad Stanbro..(Sivin, Edward) |
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Filing 22
ORDER granting in part #21 CONSENT LETTER MOTION for Extension of Time for defendants to respond to the amended complaint. Defendants have until July 20 to respond to the Amended Complaint. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/21/2020) (jca)
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| Filing 21 CONSENT LETTER MOTION for Extension of Time for defendants to respond to the amended complaint addressed to Judge Kenneth M. Karas from AAG Deanna L. Collins dated 5/21/2020. Document filed by New York State Office of the Attorney General..(Collins, Deanna) |
| Set/Reset Deadlines: Raymond Deal answer due 7/20/2020; Richard Landry answer due 7/20/2020; Kristofer Leonardo answer due 7/20/2020; Gary Pagliaro answer due 7/20/2020; Nadya Palou answer due 7/20/2020; Enrique Torres answer due 7/20/2020. (jca) |
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Filing 20
ORDER granting #19 FIRST LETTER MOTION for Extension of Time to Serve Amended Complaint. Granted. Service is to be completed by 7/19/20. SO ORDERED. Service due by 7/19/2020. (Signed by Judge Kenneth M. Karas on 5/19/2020) (jca)
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| Filing 19 FIRST LETTER MOTION for Extension of Time to Serve Amended Complaint addressed to Judge Kenneth M. Karas from Edward Sivin dated May 19, 2020. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Gary Pagliaro served on 5/6/2020, answer due 5/27/2020. Service was accepted by Laura Rhoader, IRC II. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Enrique Torres served on 5/6/2020, answer due 5/27/2020. Service was accepted by Laura Rhoader, IRC II. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Raymond Deal served on 5/6/2020, answer due 5/27/2020. Service was accepted by Laura Rhoader, IRC II. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Raymond Deal, Richard Landry, Kristofer Leonardo, Gary Pagliaro, Nadya Palou, Enrique Torres..(pc) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to CORRECTION OFFICER NADYA PALOU, CORRECTION OFFICER RAYMOND DEAL, CORRECTION OFFICER KRISTOFER LEONARDO, CORRECTION OFFICER RICHARD LANDRY, CORRECTION NURSE GARY PAGLIARO, and CORRECTION SERGEANT ENRIQUE TORRES, re: #12 Amended Complaint,. Document filed by Chad Stanbro..(Sivin, Edward) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Edward Sivin to RE-FILE Document No. #13 Request for Issuance of Summons,. The filing is deficient for the following reason(s): attorney information was omitted;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CORRECTION OFFICER NADYA PALOU, CORRECTION OFFICER RAYMOND DEAL, CORRECTION OFFICER KRISTOFER LEONARDO, CORRECTION OFFICER RICHARD LANDRY, CORRECTION NURSE GARY PAGLIARO, and CORRECTION SERGEANT ENRIQUE TORRES, re: #12 Amended Complaint,. Document filed by Chad Stanbro..(Sivin, Edward) Modified on 4/3/2020 (jgo). |
| Filing 12 AMENDED COMPLAINT amending #10 Amended Complaint, #1 Complaint against Raymond Deal, Richard Landry, Kristofer Leonardo, Gary Pagliaro, Nadya Palou, Enrique Torres with JURY DEMAND.Document filed by Chad Stanbro. Related document: #10 Amended Complaint, #1 Complaint..(Sivin, Edward) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Edward Sivin to RE-FILE re: Document No. #10 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; none of the defendants listed on the Amended Complaint caption have been added to the case; the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Edward Sivin to RE-FILE Document No. #11 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the summons request was not processed due to the deficient pleading; re-file your summons request after you have correctly re-filed your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the summons form PDF. (pne) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Nadya Palou, Raymond Deal, Kristofer Leonardo, Richard Landry, Gary Pagliaro, Enrique Torres added. Party added pursuant to #10 Amended Complaint,.Document filed by Chad Stanbro. Related document: #10 Amended Complaint,..(Sivin, Edward) |
| Filing 11 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to CORRECTION OFFICER NADYA PALOU, CORRECTION OFFICER RAYMOND DEAL, CORRECTION OFFICER KRISTOFER LEONARDO, CORRECTION OFFICER RICHARD LANDRY, CORRECTION NURSE GARY PAGLIARO, and CORRECTION SERGEANT ENRIQUE TORRES, re: #10 Amended Complaint. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR- AMENDED COMPLAINT amending #1 Complaint against Deal, John Doe, John Doe, John Doe, Supervisor John Doe, N. Palou with JURY DEMAND.Document filed by Chad Stanbro. Related document: #1 Complaint..(Sivin, Edward) Modified on 4/2/2020 (pne). |
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Filing 9
ORDER granting #8 LETTER MOTION for Extension of Time Pursuant to NY Public Officers Law Section 17. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/31/2020) (jca)
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| Set/Reset Deadlines: Deal answer due 5/27/2020. (jca) |
| Filing 8 LETTER MOTION for Extension of Time Pursuant to NY Public Officers Law Section 17 addressed to Judge Kenneth M. Karas from AAG Deanna L. Collins dated 3/27/2020. Document filed by New York State Office of the Attorney General..(Collins, Deanna) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case..(wb) |
| Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-10857-CM. Notice of Assignment to follow. (wb) |
| Filing 7 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-10857 (CM). Document filed by Chad Stanbro..(Weiss, Andrew) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Deal, John Doe, John Doe, John Doe, Supervisor John Doe, N. Palou..(jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Edward Sivin, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edward Sivin. The following case opening statistical information was erroneously selected/entered: County code Chemung;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Colleen McMahon as possibly related to 19-cv-10857. (jgo) |
| Filing 5 NOTICE OF APPEARANCE by Glenn D Miller on behalf of Chad Stanbro..(Miller, Glenn) |
| Filing 4 NOTICE OF APPEARANCE by Andrew Weiss on behalf of Chad Stanbro..(Weiss, Andrew) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Correction Officer N. Palou, Correction Officer Deal, Correction Officer John Doe #1, Correction Officer John Doe #2, Correction Nurse John Doe, and Correction Supervisor John Doe, re: #1 Complaint. Document filed by Chad Stanbro..(Sivin, Edward) |
| Filing 2 CIVIL COVER SHEET filed..(Sivin, Edward) |
| Filing 1 COMPLAINT against Deal, John Doe, John Doe, John Doe, John Doe, N. Palou. (Filing Fee $ 400.00, Receipt Number ANYSDC-18896253)Document filed by Chad Stanbro..(Sivin, Edward) |
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