Ruggiero v. County Of Orange et al
| Francis Henry Ruggiero |
| Wellpath A/K/A New York Correct Care Solutions Medical Services, P.C., Orange County Correctional Facility, Orange County Sheriff's Office, Sgt. K. Lyons (Shield number 107), Correctional Officer Warren (Shield number 361) individually and in their official capacity as Orange County Correctional Officers, Correctional Officer B. Sotelo (Shield number 345), Correctional Officer J. Cappelli (Shield number 362), County Of Orange, Carl E. Dubois as Orange County Sheriff, Jane Doe, the name being fictitious, the persons intended being the Head Nurse on duty on August 8, 2019 and August 9, 2019, Wellpath, New York Correct Care Solutions Medical Services, P.C., Jane Doe, Correctional Officer Daniel Cappeli, Correctional Officer Bryce Sotelo, Carl E. DuBois, Correctional Officer Joseph Cappelli, Correctional Officer Jerry Warren and Sgt. Katherine Lyons |
| Correctional Officer D. Cappeli (Shield number 522) |
| 7:2020cv07693 |
| September 18, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time: Plaintiff's opposition to #22 motion to dismiss is due 12/7/2020. County Defendants' reply, if any, is due 12/14/2020. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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Filing 27
LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from Eliyahu Levi, Esq. dated November 10, 2020. Document filed by Francis Henry Ruggiero. Return Date set for 11/25/2020 at 09:00 AM..(Levi, Eliyahu)
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Filing 26
NOTICE OF APPEARANCE by Eliyahu Levi, I on behalf of Francis Henry Ruggiero..(Levi, Eliyahu)
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Filing 25
ORDER terminating #12 Motion to Dismiss: Defendants' #12 partial motion to dismiss the complaint is terminated as moot in light of defendants' #22 partial motion to dismiss the amended complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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Filing 24
MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss (Partial). . Document filed by Daniel Cappeli(Shield Number 522 - official capacity as Orange County Correctional Officer), Daniel Cappeli(Shield Number 522 - Individually), Joseph Cappelli(Shield Number 362 - Individually), Joseph Cappelli(Sheild Number 362 - official capacity as Orange County Correctional Officer), County Of Orange, Carl E. DuBois, Katherine Lyons(Shield Number 107), Katherine Lyons(Shield Number 107 - official capacity as Orange County Correctional Officer), Orange County Correctional Facility, Orange County Sheriff's Office, Bryce Sotelo(Shield Number 345 - Individually), Bryce Sotelo(Sheild Number 345 - official capacity as Orange County Correctional Officer), Jerry Warren(Shield Number 361 - official capacity as Orange County Correctional Officer), Jerry Warren(Shield Number - 361 - Individually)..(Pierce, Carol)
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Filing 23
DECLARATION of Carol C. Pierce in Support re: #22 MOTION to Dismiss (Partial).. Document filed by Daniel Cappeli(Shield Number 522 - official capacity as Orange County Correctional Officer), Daniel Cappeli(Shield Number 522 - Individually), Joseph Cappelli(Shield Number 362 - Individually), Joseph Cappelli(Sheild Number 362 - official capacity as Orange County Correctional Officer), County Of Orange, Carl E. DuBois, Katherine Lyons(Shield Number 107), Katherine Lyons(Shield Number 107 - official capacity as Orange County Correctional Officer), Orange County Correctional Facility, Orange County Sheriff's Office, Bryce Sotelo(Shield Number 345 - Individually), Bryce Sotelo(Sheild Number 345 - official capacity as Orange County Correctional Officer), Jerry Warren(Shield Number 361 - official capacity as Orange County Correctional Officer), Jerry Warren(Shield Number - 361 - Individually). (Attachments: #1 Exhibit Amended Complaint).(Pierce, Carol)
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Filing 22
MOTION to Dismiss (Partial). Document filed by Daniel Cappeli(Shield Number 522 - official capacity as Orange County Correctional Officer), Daniel Cappeli(Shield Number 522 - Individually), Joseph Cappelli(Shield Number 362 - Individually), Joseph Cappelli(Sheild Number 362 - official capacity as Orange County Correctional Officer), County Of Orange, Carl E. DuBois, Katherine Lyons(Shield Number 107), Katherine Lyons(Shield Number 107 - official capacity as Orange County Correctional Officer), Orange County Correctional Facility, Orange County Sheriff's Office, Bryce Sotelo(Shield Number 345 - Individually), Bryce Sotelo(Sheild Number 345 - official capacity as Orange County Correctional Officer), Jerry Warren(Shield Number 361 - official capacity as Orange County Correctional Officer), Jerry Warren(Shield Number - 361 - Individually)..(Pierce, Carol)
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Filing 21
FIRST AMENDED COMPLAINT amending #18 Amended Complaint against D. Cappeli, J. Cappelli, County Of Orange, Jane Doe, K. Lyons, B. Sotelo, Warren, Wellpath with JURY DEMAND.Document filed by Francis Henry Ruggiero. Related document: #18 Amended Complaint.(Levi, Daniella) Modified on 10/20/2020 (sj). Modified on 10/21/2020 (gp).
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Magistrate Judge Andrew E. Krause is so redesignated. (laq)
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to File: Plaintiff is granted leave to re-file the amended complaint by 10/19/2020. The Clerk is directed to accept the same for filing. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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Filing 19
LETTER MOTION for Extension of Time to File Amended Complaint to cure deficient pleading addressed to Judge Vincent L. Briccetti from Daniella Levi dated 10/16/2020. Document filed by Francis Henry Ruggiero..(Levi, Daniella)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniella Levi to RE-FILE Document No. #18 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the All Defendant radio button was selected; Separate the summons form and file it under Request for Issuance of Summons found under Service of Process on the Civil Events tab. The amended complaint was filed incorrectly on the due date. Permission from Chambers will be needed to refile the Amended Complaint. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Filing 18
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT amending #8 Amended Complaint, against All Defendants with JURY DEMAND.Document filed by Francis Henry Ruggiero. Related document: #8 Amended Complaint,..(Levi, Daniella) Modified on 10/16/2020 (pc).
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter filed by Francis Henry Ruggiero. ENDORSEMENT: Plaintiff's deadline to file the amended complaint is 10/15/2020. SO ORDERED. (Amended Pleadings due by 10/15/2020.) (Signed by Judge Vincent L. Briccetti on 10/1/2020) (mml)
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Filing 16
LETTER addressed to Judge Vincent L. Briccetti from Daniella Levi dated October 1, 2020 re: Amending Plaintiff's Complaint. Document filed by Francis Henry Ruggiero..(Sonkin, Steven)
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Filing 15
ORDER: Accordingly, it is hereby ORDERED that, by no later than October 5, 2020, plaintiff must notify the Court by letter whether (i) he intends to file an amended complaint in response to the partial motion to dismiss, or (ii) he will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in County Defendants motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, he must file the amended complaint by no later than 14 days after notifying the Court of his intent to do so. Within 21 days of such amendment, County Defendants may either (i) file an answer to the amended complaint, (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/29/2020) (ama)
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Filing 14
MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss (Partial). . Document filed by D. Cappeli, J. Cappelli, County Of Orange, Carl E. DuBois, K. Lyons, Orange County Correctional Facility, Orange County Sheriff's Office, B. Sotelo, Warren..(Pierce, Carol)
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Filing 13
DECLARATION of Carol C. Pierce in Support re: #12 MOTION to Dismiss (Partial).. Document filed by D. Cappeli, J. Cappelli, County Of Orange, Carl E. DuBois, K. Lyons, Orange County Correctional Facility, Orange County Sheriff's Office, B. Sotelo, Warren. (Attachments: #1 Exhibit Complaint).(Pierce, Carol)
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Filing 12
MOTION to Dismiss (Partial). Document filed by D. Cappeli, J. Cappelli, County Of Orange, Carl E. DuBois, K. Lyons, Orange County Correctional Facility, Orange County Sheriff's Office, B. Sotelo, Warren..(Pierce, Carol)
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Filing 11
NOTICE OF APPEARANCE by Daniella Levi on behalf of Francis Henry Ruggiero..(Levi, Daniella)
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Filing 10
NOTICE OF APPEARANCE by Steven Lee Sonkin on behalf of Francis Henry Ruggiero..(Sonkin, Steven)
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Filing 9
AMENDED NOTICE OF REMOVAL against Francis Henry Ruggiero; amending #1 Notice of Removal,,.Document filed by J. Cappelli, Orange County Correctional Facility, B. Sotelo, K. Lyons, County Of Orange, D. Cappeli, Orange County Sheriff's Office, Warren, Carl E. DuBois. Related document: #1 Notice of Removal,,..(Pierce, Carol)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Carol C. Pierce to RE-FILE Document No. #8 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the All Plaintiff radio button was selected;. Re-file the pleading using the event type Amended Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
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Filing 8
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED COMPLAINT against All Plaintiffs.Document filed by J. Cappelli, Orange County Correctional Facility, B. Sotelo, K. Lyons, County Of Orange, D. Cappeli, Orange County Sheriff's Office, Warren, Carl E. DuBois..(Pierce, Carol) Modified on 9/22/2020 (jgo).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Carol C. Pierce to RE-FILE Document No. #6 Amended Notice of Removal,,,,. The filing is deficient for the following reason(s): the wrong parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) Modified on 9/21/2020 (jgo).
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Carol C. Pierce. The party information for the following party/parties has been modified: J. Cappeli; B. Sotelo; D. Cappelli; K. Lyons; Warren; Wellpath; Jane Doe. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party type was entered incorrectly. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)
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Case Designated ECF. (sj)
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Magistrate Judge Lisa M. Smith 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. (sj)
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Filing 7
AFFIDAVIT OF SERVICE of Amended Notice of Removal served on Francis Henry Ruggiero on 09/18/2020. Service was made by Mail. Document filed by Carl E. Dubois as Orange County Sheriff, Correctional Officer B. Sotelo (Shield number 345), Correctional Officer D. Cappeli (Shield number 522), Correctional Officer J. Cappelli (Shield number 362), Correctional Officer Warren (Shield number 361) individually and in their official capacity as Orange County Correctional Officers, County Of Orange, Orange County Correctional Facility, Orange County Sheriff's Office, Sgt. K. Lyons (Shield number 107)..(Pierce, Carol)
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Filing 6
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED NOTICE OF REMOVAL against Correctional Officer J. Cappelli (Shield number 362), Orange County Correctional Facility, Correctional Officer B. Sotelo (Shield number 345), Sgt. K. Lyons (Shield number 107), County Of Orange, Correctional Officer D. Cappeli (Shield number 522), Orange County Sheriff's Office, Correctional Officer Warren (Shield number 361) individually and in their official capacity as Orange County Correctional Officers, Carl E. Dubois as Orange County Sheriff; amending #1 Notice of Removal,,.Document filed by Correctional Officer J. Cappelli (Shield number 362), Orange County Correctional Facility, Correctional Officer B. Sotelo (Shield number 345), Sgt. K. Lyons (Shield number 107), County Of Orange, Correctional Officer D. Cappeli (Shield number 522), Orange County Sheriff's Office, Correctional Officer Warren (Shield number 361) individually and in their official capacity as Orange County Correctional Officers, Carl E. Dubois as Orange County Sheriff. Related document: #1 Notice of Removal,,..(Pierce, Carol) Modified on 9/21/2020 (pc).
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Filing 5
CIVIL COVER SHEET filed..(Pierce, Carol)
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Filing 4
AFFIDAVIT OF SERVICE of Notice of Removal served on Francis Henry Ruggiero on 09/18/2020. Service was made by Mail. Document filed by Carl E. Dubois as Orange County Sheriff, Correctional Officer B. Sotelo (Shield number 345), Correctional Officer D. Cappeli (Shield number 522), Correctional Officer J. Cappelli (Shield number 362), Correctional Officer Warren (Shield number 361) individually and in their official capacity as Orange County Correctional Officers, County Of Orange, Orange County Correctional Facility, Orange County Sheriff's Office, Sgt. K. Lyons (Shield number 107)..(Pierce, Carol)
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Filing 3
AFFIDAVIT OF SERVICE of Notice of Appearance served on Francis Henry Ruggiero on 09/18/2020. Service was made by mail. Document filed by Carl E. Dubois as Orange County Sheriff, Correctional Officer B. Sotelo (Shield number 345), Correctional Officer D. Cappeli (Shield number 522), Correctional Officer J. Cappelli (Shield number 362), Correctional Officer Warren (Shield number 361) individually and in their official capacity as Orange County Correctional Officers, County Of Orange, Orange County Correctional Facility, Orange County Sheriff's Office, Sgt. K. Lyons (Shield number 107)..(Pierce, Carol)
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Filing 2
NOTICE OF APPEARANCE by Carol C. Pierce on behalf of Carl E. Dubois as Orange County Sheriff, Correctional Officer B. Sotelo (Shield number 345), Correctional Officer D. Cappeli (Shield number 522), Correctional Officer J. Cappelli (Shield number 362), Correctional Officer Warren (Shield number 361) individually and in their official capacity as Orange County Correctional Officers, County Of Orange, Orange County Correctional Facility, Orange County Sheriff's Office, Sgt. K. Lyons (Shield number 107)..(Pierce, Carol)
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Filing 1
NOTICE OF REMOVAL from Supreme, County of Orange. Case Number: EF004214-2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-21727499).Document filed by Correctional Officer J. Cappelli (Shield number 362), Orange County Correctional Facility, Correctional Officer B. Sotelo (Shield number 345), Sgt. K. Lyons (Shield number 107), County Of Orange, Correctional Officer D. Cappeli (Shield number 522), Orange County Sheriff's Office, Correctional Officer Warren (Shield number 361) individually and in their official capacity as Orange County Correctional Officers, Carl E. Dubois as Orange County Sheriff. (Attachments: #1 Exhibit Summons and Complaint).(Pierce, Carol)
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