Baker v. County Of Westchester et al
| Eric Baker, Gail Baker and Eric Baker, By Guardian ad Litem |
| Westchester County Health Care Corporation, County Of Westchester, Westchester Medical Center, Westchester County Health Care Corporation doing business as Westchester Medical Center, Commissioner Joseph K. Spano, Assistant Warden Keith Camera, Captain David Angeletta, Sergeant D. Price, Sergeant Rochelle Beckford, Jeffry Deigan, Correction Officer D'Orazio, Correction Officer Harrington, Correction Officer McIntosh and Correction Officer Dean Cardillo |
| 7:2022cv08447 |
| October 4, 2022 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 22
MEMO ENDORSEMENT on re: #20 Letter filed by Eric Baker, By Guardian ad Litem. ENDORSEMENT: Application granted. This matter and all pending deadlines are stayed through February 2, 2023. The parties are directed to file a joint status update by that date or as soon as an administrator is appointed for Mr. Baker's estate. SO ORDERED. Case stayed. (Signed by Judge Philip M. Halpern on 11/4/2022) (tg)
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| Filing 21 LETTER addressed to Judge Philip M. Halpern from Sean T. Carey, Sr. Assistant County Attorney dated November 3, 2022 re: Defendant County's Response to Plaintiff's Application for Leave to File a Second Amended Complaint. Document filed by County Of Westchester..(Carey, Sean) |
| Filing 20 LETTER addressed to Judge Philip M. Halpern from Andrew Friedman dated November 2, 2022 re: Mr. Baker's death. Document filed by Eric Baker, By Guardian ad Litem..(Friedman, Andrew) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Response in Opposition to Motion,, filed by Eric Baker, By Guardian ad Litem. ENDORSEMENT: By 5:00 p.m. on November 4, 2022, Defendant is directed to respond to Plaintiff's application for leave to file a second amended complaint and Plaintiff shall file a redline of his proposed second amended complaint, reflecting any changes made to the first amended complaint. SO ORDERED. (Replies due by 11/4/2022.) (Signed by Judge Philip M. Halpern on 11/2/2022) (jca)
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| Filing 18 LETTER RESPONSE in Opposition to Motion addressed to Judge Philip M. Halpern from Andrew Friedman dated October 31, 2022 re: #12 LETTER MOTION for Conference or, in the alternative, either (a) waiver of the pre-motion conference requirement, or (b) the stay of any determination regarding a pre-motion conference until all defendants have been served, addressed to Judge Philip M. Halpern. Document filed by Eric Baker, By Guardian ad Litem. (Attachments: #1 Exhibit Proposed Second Amended Complaint).(Friedman, Andrew) |
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Filing 17
ORDER with respect to #12 Letter Motion for Conference re: #12 LETTER MOTION for Conference or, in the alternative, either (a) waiver of the pre-motion conference requirement, or (b) the stay of any determination regarding a pre-motion conference until all defendants have been served, addressed to Judge. Plaintiff is directed to, by 5:00 p.m. on November 3, 2022, respond in substance to the issues raised in Defendant Westchester County's letter at Doc. 12. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/28/2022) (jca)
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| Filing 16 ELECTRONIC AMENDED SUMMONS ISSUED as to County Of Westchester, D'Orazio, D. Price, David Angeletta, Dean Cardillo, Jeffry Deigan, Harrington, Joseph K. Spano, Keith Camera, McIntosh, Rochelle Beckford, Westchester County Health Care Corporation..(jgo) |
| Set/Reset Deadlines: Responses due by 11/3/2022 (jca) |
| Filing 15 LETTER RESPONSE to Motion addressed to Judge Philip M. Halpern from Andrew M. Friedman dated 10/27/2022 re: #12 LETTER MOTION for Conference or, in the alternative, either (a) waiver of the pre-motion conference requirement, or (b) the stay of any determination regarding a pre-motion conference until all defendants have been served, addressed to Judge Philip M. Halpern. Document filed by Eric Baker, By Guardian ad Litem..(Friedman, Andrew) |
| Filing 14 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Commissioner Joseph K. Spano, The County of Westchester, Assistant Warden Keith Camera, Captain David Angeletta, Sergeants D. Price, Rochelle Beckford, and Jeffry Deigan, Correction Officers D'Orazio, Harrington, McIntosh, and Dean Cardillo, and Westchester County Health Care Corporation d/b/a Westchester Medical Center, re: #9 Amended Complaint,. Document filed by Eric Baker, By Guardian ad Litem..(Friedman, Andrew) |
| Filing 13 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Commissioner Joseph K. Spano, The County of Westchester, Assistant Warden Keith Camera, Captain David Angeletta, Sergeants D. Price, Rochelle Beckford, and Jeffrey Deigan, Correction Officers D'Orazio, Harrington, McIntosh, and Dean Cardillo, and Westchester County Health Care Corporation d/b/a Westchester Medical Center, re: #9 Amended Complaint,. Document filed by Eric Baker, By Guardian ad Litem..(Friedman, Andrew) Modified on 10/27/2022 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew M. Friedman to RE-FILE Document No. #13 Request for Issuance of Amended Summons,,. The filing is deficient for the following reason(s): party name on the docket entry text must match as it appears on the pleading caption (Jeffrey Deigan). 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 12 LETTER MOTION for Conference or, in the alternative, either (a) waiver of the pre-motion conference requirement, or (b) the stay of any determination regarding a pre-motion conference until all defendants have been served, addressed to Judge Philip M. Halpern from Sean T. Carey, Sr. Assistant County Attorney dated October 26, 2022. Document filed by County Of Westchester..(Carey, Sean) |
| Filing 11 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Claudine Weis on behalf of Westchester County Health Care Corporation.(Weis, Claudine) |
| Filing 10 NOTICE OF APPEARANCE by William Harold Bave on behalf of Westchester County Health Care Corporation..(Bave, William) |
| Filing 9 AMENDED COMPLAINT amending #8 Amended Complaint against County Of Westchester, D'Orazio, D. Price, David Angeletta, Dean Cardillo, Jeffry Deigan, Harrington, Joseph K. Spano, Keith Camera, McIntosh, Rochelle Beckford, Westchester County Health Care Corporation with JURY DEMAND.Document filed by Gail Baker, Eric Baker, By Guardian ad Litem. Related document: #8 Amended Complaint.(Friedman, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew M. Friedman to RE-FILE Document No. #8 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; select each plaintiff listed on the Amended Complaint caption title as a filer. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew M. Friedman. The party information for the following party/parties has been modified: Sergeant Jeffrey Deigan. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT amending #7 Amended Complaint,, against County Of Westchester, D'Orazio, D. Price, David Angeletta, Dean Cardillo, Harrington, Jeffrey Deigan, Joseph K. Spano, Keith Camera, McIntosh, Rochelle Beckford, Westchester County Health Care Corporation with JURY DEMAND.Document filed by Eric Baker, By Guardian ad Litem. Related document: #7 Amended Complaint,,..(Friedman, Andrew) Modified on 10/20/2022 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew M. Friedman to RE-FILE Document No. #7 Amended Complaint. The filing is deficient for the following reason(s): not all the filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected (Gail Baker selected as Defendant). 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. (sj) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #6 Amended Complaint, #5 Amended Complaint against County Of Westchester, D'Orazio, D. Price, David Angeletta, Dean Cardillo, Gail Baker, Harrington, Jeffrey Deigan, Joseph K. Spano, Keith Camera, McIntosh, Rochelle Beckford, Westchester County Health Care Corporation with JURY DEMAND.Document filed by Eric Baker, By Guardian ad Litem. Related document: #6 Amended Complaint, #5 Amended Complaint..(Friedman, Andrew) Modified on 10/19/2022 (sj). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew M. Friedman. The party information for the following party/parties has been modified: GAIL BAKER, JOSPEH K SPANO, KEITH CAMERA, DAVID ANGELETTA, D PRICE, ROCHELLE BECKFORD, JEFFREY DEIGAN, CO D'ORAZIO, CO HARRINGTON, CO McINTOSH, DEAN CARDILLO. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew M. Friedman to RE-FILE re: Document No. #6 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading( Eric Baker by Guardian Ad Litem) were not entered on CM ECF; not all the filer/filers were selected for the pleading; not all of the 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 correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #5 Amended Complaint against JOSPEH K SPANO, KEITH CAMERA, DAVID ANGELETTA, D PRICE, ROCHELLE BECKFORD, JEFFREY DEIGAN, CO D'ORAZIO, CO HARRINGTON, CO McINTOSH, DEAN CARDILLO with JURY DEMAND.Document filed by GAIL BAKER. Related document: #5 Amended Complaint..(Friedman, Andrew) Modified on 10/17/2022 (vf). |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST ERROR AMENDED COMPLAINT against All Plaintiffs with JURY DEMAND.Document filed by Eric Baker..(Friedman, Andrew) Modified on 10/14/2022 (gp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew Friedman to RE-FILE Document No. #5 Amended Complaint. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected. 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. (gp) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sean Timothy Carey. The party information for the following party/parties has been modified: Eric Baker. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sean Timothy Carey. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 440 (Civil Rights: Other);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 550 (Prisoner: Civil Rights);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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) |
| Case Designated ECF. (jgo) |
| 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) |
| Filing 4 NOTICE of Proof of Service of Case Initiating Paperwork on Parties That Have Yet To Appear. Document filed by County Of Westchester..(Carey, Sean) |
| Filing 3 NOTICE OF APPEARANCE by Sean Timothy Carey on behalf of County Of Westchester..(Carey, Sean) |
| Filing 2 CIVIL COVER SHEET filed..(Carey, Sean) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Westchester. Case Number: 61680/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26771326).Document filed by County Of Westchester. (Attachments: #1 Exhibit Ex A - Summons & Complaint, #2 Exhibit Ex B - Decision & Order Appointing Guardian Ad Litem, #3 Exhibit Ex C - Hospital Defendant's Verified Answer, #4 Exhibit Ex D - Affidavit of Service of Initiating Pleading on County Defendant, #5 Exhibit Ex E - Hospital Defendant's Consent to Removal, #6 Exhibit Ex F - Affirmation of Service of Pre-Filing Notice of Removal on Plaintiff).(Carey, Sean) |
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