Averhart v. Annucci et al
| Tyrell Averhart |
| Senior Parole Officer Clarence R. Neely, Anthony J. Annucci, Bureau Chief Mark Parker and Parole Officer Lindsy Osouna |
| 7:2021cv00383 |
| January 15, 2021 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
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Filing 42
REPLY MEMORANDUM OF LAW in Support re: #32 MOTION for Preliminary Injunction . . Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 41
DECLARATION of Stacey Dorsey in Opposition re: #32 MOTION for Preliminary Injunction .. Document filed by Anthony J. Annucci, Bureau Chief Mark Parker, Parole Officer Lindsy Osouna, Senior Parole Officer Clarence R. Neely..(Wilson, Jonathan)
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Filing 40
DECLARATION of Beverly Lockwood in Opposition re: #32 MOTION for Preliminary Injunction .. Document filed by Anthony J. Annucci, Bureau Chief Mark Parker, Parole Officer Lindsy Osouna, Senior Parole Officer Clarence R. Neely. (Attachments: #1 Exhibit Exhibit A - Averhart Conditions of Release).(Wilson, Jonathan)
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Filing 39
DECLARATION of Alan Preston in Opposition re: #32 MOTION for Preliminary Injunction .. Document filed by Anthony J. Annucci, Bureau Chief Mark Parker, Parole Officer Lindsy Osouna, Senior Parole Officer Clarence R. Neely..(Wilson, Jonathan)
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Filing 38
DECLARATION of Lindsy Osouna in Opposition re: #32 MOTION for Preliminary Injunction .. Document filed by Anthony J. Annucci, Bureau Chief Mark Parker, Parole Officer Lindsy Osouna, Senior Parole Officer Clarence R. Neely..(Wilson, Jonathan)
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Filing 37
MEMORANDUM OF LAW in Opposition re: #32 MOTION for Preliminary Injunction . . Document filed by Anthony J. Annucci, Bureau Chief Mark Parker, Parole Officer Lindsy Osouna, Senior Parole Officer Clarence R. Neely..(Wilson, Jonathan)
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Filing 36
MEMORANDUM OF LAW in Support re: #32 MOTION for Preliminary Injunction . . Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 35
DECLARATION of Tyrell Averhart in Support re: #32 MOTION for Preliminary Injunction .. Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 34
DECLARATION of Beverly Watson in Support re: #32 MOTION for Preliminary Injunction .. Document filed by Tyrell Averhart. (Attachments: #1 Exhibit A - Text Correspondence).(Cleary, Lisa)
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Filing 33
DECLARATION of Jonathan Hermann in Support re: #32 MOTION for Preliminary Injunction .. Document filed by Tyrell Averhart. (Attachments: #1 Exhibit A - Averhart Criminal Repository Inquiry, #2 Exhibit B - Averhart Parole Violation, #3 Exhibit C - SORA Determination, Kings County Supreme Court, #4 Exhibit D - DOCCS Parental Contact Protocol, #5 Exhibit E - Letter, Dated August 9, 2020, #6 Exhibit F - 2020 Correspondences, #7 Exhibit G - Study by Kristin Turney, #8 Exhibit H - Study by Elizabeth Gifford, et al.).(Hermann, Jonathan)
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Filing 32
MOTION for Preliminary Injunction . Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 31
NOTICE OF APPEARANCE by Jonathan James Wilson on behalf of Anthony J. Annucci, Bureau Chief Mark Parker, Parole Officer Lindsy Osouna, Senior Parole Officer Clarence R. Neely..(Wilson, Jonathan)
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Filing 30
ORDER granting #29 Letter Motion for Extension of Time to File Response/Reply re #29 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #27 Order on Motion for Extension of Time,,, addressed to Judge Nelson Stephen Roman from Jonathan S. Z. Hermann dated March 1, 2021. Plaintiff's application is GRANTED. Plaintiff is to serve his reply papers on March 2, 2021. All motion papers are to be filed on March 2, 2021. For the third time, the Court reminds the parties to comply with its emergency rules by, among other things, providing electronic and physical courtesy copies to the Court on the date documents are served upon Opposing counsel. To date, neither party has sent its moving or opposition papers to the Chambers email address. The Clerk of the Court is directed to terminate the motion at ECF No. 29. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/1/2021) (rj) Modified on 3/5/2021 (rj).
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Filing 29
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #27 Order on Motion for Extension of Time,,, addressed to Judge Nelson Stephen Roman from Jonathan S. Z. Hermann dated March 1, 2021. Document filed by Tyrell Averhart..(Hermann, Jonathan)
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Set/Reset Deadlines: Motions due by 3/2/2021. (rj)
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Filing 28
NOTICE OF APPEARANCE by Amanda Yoon on behalf of Anthony J. Annucci, Bureau Chief Mark Parker, Parole Officer Lindsy Osouna, Senior Parole Officer Clarence R. Neely..(Yoon, Amanda)
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time. Defendants' application is GRANTED. Defendants are to serve their opposition to Plaintiff's motion for a preliminary injunction on February 26, 2021. Plaintiff is to serve his reply papers on March 1, 2021. All motion papers are to be filed on March 1, 2021. As long as the Court's emergency rules remain in place, the parties are to provide electronic and physical courtesy copies to the Court. The Court will (if necessary) schedule a hearing on Plaintiff's motion at a later date. Defendants' deadline to respond to the Complaint is extended until March 19, 2021. To the extent that Defendants intend to respond through motion practice, they are reminded to submit a letter motion seeking a pre-motion conference. The Clerk of the Court is directed to terminate the motion at ECF No. 26. SO ORDERED. Motions due by 3/1/2021. (Signed by Judge Nelson Stephen Roman on 2/17/2021) (rj)
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Filing 26
LETTER MOTION for Extension of Time for Defendants to Respond to Motion for Preliminary Injunction and Complaint addressed to Judge Nelson Stephen Roman from AAG Jonathan Wilson dated February 17, 2021. Document filed by Anthony J. Annucci, Bureau Chief Mark Parker, Parole Officer Lindsy Osouna, Senior Parole Officer Clarence R. Neely..(Wilson, Jonathan)
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Set/Reset Deadlines: Anthony J. Annucci answer due 3/19/2021; Bureau Chief Mark Parker answer due 3/19/2021; Parole Officer Lindsy Osouna answer due 3/19/2021; Senior Parole Officer Clarence R. Neely answer due 3/19/2021. (rj)
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time. Application is GRANTED. Defendants are to serve (not file) their opposition on Friday, February 19, 2021. Plaintiff is to serve his reply on Monday, February 22, 2021. The parties shall file their motion papers on February 22, 2021. As long as the Court's emergency rules remain in place, the parties are to provide electronic and physical courtesy copies to the Court. The Court will (if necessary) schedule a hearing on Plaintiff's motion at a later date. The Clerk of the Court is directed to terminate the motion at ECF No. 24. So Ordered. ( Motions due by 2/22/2021.) (Signed by Judge Nelson Stephen Roman on 2/4/21) (yv)
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Filing 24
LETTER MOTION for Extension of Time Motion on behalf of Defendants for Extension of Time to Respond to Preliminary Injunction addressed to Judge Nelson Stephen Roman from AAG Jonathan Wilson dated February 4, 2021. Document filed by Anthony J. Annucci, Bureau Chief Mark Parker, Parole Officer Lindsy Osouna, Senior Parole Officer Clarence R. Neely..(Wilson, Jonathan)
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Set/Reset Deadlines: Responses due by 2/22/2021. Replies due by 2/22/2021. (yv)
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Filing 23
SUMMONS RETURNED EXECUTED Summons and Complaint served. Bureau Chief Mark Parker served on 1/27/2021, answer due 2/17/2021. Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 22
SUMMONS RETURNED EXECUTED Summons and Complaint served. Parole Officer Lindsy Osouna served on 1/27/2021, answer due 2/17/2021. Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 21
SUMMONS RETURNED EXECUTED Summons and Complaint served. Senior Parole Officer Clarence R. Neely served on 1/27/2021, answer due 2/17/2021. Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 20
NOTICE OF APPEARANCE by Corey Stoughton on behalf of Tyrell Averhart..(Stoughton, Corey)
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Filing 19
SUMMONS RETURNED EXECUTED Summons and Complaint served. Anthony J. Annucci served on 1/25/2021, answer due 2/16/2021. Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 18
ORDER granting #16 Letter Motion to Expedite. Application is GRANTED. Defendants are to serve (not file) their opposition on Friday, February 5, 2021. Plaintiff is to serve his reply on February 8, 2021. The parties shall file all motion papers on the reply date, February 8, 2021. As long as the Court's emergency rules remain in place, the parties are to provide electronic and physical courtesy copies to the Court. The Court will schedule a hearing on Plaintiff's motion at a later date. The Clerk of the Court is directed to terminate the motion at ECF No. 16. So Ordered. (Signed by Judge Nelson Stephen Roman on 1/25/21) (yv)
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Filing 17
NOTICE OF APPEARANCE by Tomoeh Murakami-Tse on behalf of Tyrell Averhart..(Murakami-Tse, Tomoeh)
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Filing 16
CONSENT LETTER MOTION to Expedite briefing on forthcoming Motion for Preliminary Injunction addressed to Judge Nelson Stephen Roman from Jonathan S. Z. Hermann dated January 22, 2021. Document filed by Tyrell Averhart..(Hermann, Jonathan)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Senior Parole Officer Clarence R. Neely..(dnh)
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Filing 14
NOTICE OF APPEARANCE by Will Alton Page on behalf of Tyrell Averhart..(Page, Will)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Senior Parole Officer Clarence R. Neely, re: #1 Complaint. Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 12
CIVIL COVER SHEET filed..(Cleary, Lisa)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Bureau Chief Mark Parker..(jgo)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Parole Officer Lindsy Osouna..(jgo)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Anthony J. Annucci..(jgo)
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Filing 8
NOTICE OF APPEARANCE by Philip Louis Desgranges on behalf of Tyrell Averhart..(Desgranges, Philip)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lisa E. Cleary. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to Dutchess;. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lisa E. Cleary to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF 'To' section does not match exactly as it appears on the pleading caption;. 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lisa E. Cleary to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): all of the party names are not listed on the pleading caption. If all of the party names do not fit, include 'et al';. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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Magistrate Judge Andrew E. Krause 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 7
NOTICE OF APPEARANCE by Jonathan Hermann on behalf of Tyrell Averhart..(Hermann, Jonathan)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Parole Officer Lindsy Osouna, re: #1 Complaint. Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 5
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Senior Parole Officer Clarence R. Neely, re: #1 Complaint. Document filed by Tyrell Averhart..(Cleary, Lisa) Modified on 1/19/2021 (jgo).
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Bureau Chief Mark Parker, re: #1 Complaint. Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Anthony J. Annucci, re: #1 Complaint. Document filed by Tyrell Averhart..(Cleary, Lisa)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Cleary, Lisa) Modified on 1/19/2021 (jgo).
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Filing 1
COMPLAINT against Anthony J. Annucci, Bureau Chief Mark Parker, Parole Officer Lindsy Osouna, Senior Parole Officer Clarence R. Neely. (Filing Fee $ 402.00, Receipt Number ANYSDC-23536144)Document filed by Tyrell Averhart..(Cleary, Lisa)
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