Gambino v. Payne et al
| David August Gambino |
| Payne, Williams, James R. Voutour, Keven M. Smith, Engert and Liwzinki |
| 1:2012cv00824 |
| August 30, 2012 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Hugh B. Scott |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
535
ORDER granting 483 Motion for Summary Judgment by defendant Akin; granting Niagara County's 484 Motion to the extent it seeks dismissal of Plaintiff's deliberate indifference to dental needs claims; denying Plaintiff's 506 MOTION, 510 MOTION and 511 MOTION; Plaintiff's free exercise claim is the only remaining claim for trial. Signed by Hon. John L. Sinatra, Jr. on 4/11/22. (SG) Plaintiff mailed copy of order.
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Filing
520
DECISION AND ORDER granting in part and denying in part 429 Motion 430 Motion ; denying 431 Motion ; denying 446 Motion ; denying 449 Motion for Discovery; denying 469 Motion. Signed by Hon. Michael J. Roemer on 07/22/2020. (Attachments: # 1 Officer Lewis Response to Plaintiff's Interrogatories, Doc. No. 277, # 2 Photocopy Request Form) (JLV) Copy mailed to pro se plaintiff.
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Filing
370
ORDER acknowledging Gambino's 368 objections, treating them as a motion for reconsideration, and denying that motion. The case is referred back to Judge Roemer consistent with the referral order of January 1, 2016, Docket Item 221. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 2/21/2019. Chambers mailed a copy of order to pro se plaintiff on 2/21/2019. (LCH)
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Filing
340
REPORT, RECOMMENDATION AND ORDER that (1) plaintiff's motion to enforce the Court's 10/6/2016 Decision and Order compelling defendants to produce contracts between the Niagara County Jail and Trinity Services Group 319 is denied; (2) plaintiff's motion to stay the instant action to allow him time to pursue a claim against non-party Compass Group USA 324 is denied;(3) plaintiff's motion for sanctions against defendants for allegedly failing to timely disclose Compas s Group USA 327 is denied;(4) plaintiff's motion for an "immediate temporary order of protection" against certain non-party Federal Bureau of Prisons officers 330 is denied; and(5) it is recommended that plaintiff's moti on to certify an interlocutory appeal to the United States Court of Appeals for the Second Circuit 320 be denied. Objections to R&R regarding 320 only due by 4/6/2017.Plaintiff is directed to respond to defendants' pending summary judgme nt motion 335 within thirty days of entry of this Report, Recommendation, and Order. Signed by Hon. Michael J. Roemer on 3/16/2017. Copy of this docket entry and Report, Recommendation, and Order mailed to pro se plaintiff at Fort Dix Federal Correctional Facility.(RAZ)
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Filing
310
DECISION AND ORDER denying 305 Motion for Reconsideration, 306 Motion for Reconsideration and 307 Motion for Reconsideration. Signed by Hon. Michael J. Roemer on 10/31/2016. (RAZ) Copy of Decision and Order and docket entry mailed to pro se plaintiff at Fort Dix Federal Correctional Institution.
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Filing
304
DECISION AND ORDER (1) denying plaintiff's motion for sanctions 283 , (2) denying plaintiff's motion for reconsideration 293 ; (3) denying plaintiff's motion to stay all case management order deadlines pending the release of certain documents purportedly being held by the Bureau of Prisons 295 ; (4) denying plaintiff's motion to compel the Bureau of Prisons to produce documents 296 ; (5) granting in part and denying in part plaintiff's motion to compel defendants to produce documents; and (6) denying plaintiff's motion to stay this action pending the outcome of his interlocutory appeal to the Second Circuit 300 . The Fifth Amended Case Management Order 289 remains in effect. Signed by Hon. Michael J. Roemer on 10/5/2016. (RAZ) Copy of docket entry and Decision and Order mail to plaintiff at Fort Dix Correctional Facility.
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Filing
135
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re 121 MOTION for Discovery MOTION for Sanctions filed by David August Gambino, 111 Cross MOTION to Compel Plaintiff to execute a Certification of Identity Cross MOTION to Amend/Correct Scheduling Order filed by Geoski, Rebald, Greenwald, Williams, Rankin, Payne, 105 MOTION for an order of protection filed by David August Gambino, 113 MOTION to Compel filed by David Aug ust Gambino, 107 MOTION to Amend/Correct 11 Amended Complaint, filed by David August Gambino,THIRD AMENDED SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire c ontents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Plaintiff's Motion (Docket No. 105) for a protective Order is denied; defendants' cross-motion (Docket No. 111) to compel execution of Certification of Identity is granted, plaintiff to execute by 8/2/2015; plaintiff's Motion (Docket No. 107) for leave to amend the Complaint is granted in part, with plaintiff serving and filing the Amended Complaint by 7/16/2015; plaintiff's motions to compel (Docket Nos. 113, 121) are denied without prejudice.Scheduling Order (Docket No. 85) is amended as follows:Motions to Join Parties/Amend Pleadings due by 7/16/2015. Discovery completed by 9/30/2015. Dispositive Motions due by 12/29/2015. Motions terminated: 111 Cross MOTION to Compel Plaintiff to execute a Certification of Identity Cross MOTION to Amend/Correct Scheduling Order filed by Geoski, Rebald, Greenwald, Williams, Rankin, Payne, 121 MOTION for Discovery MOTION for Sanctions filed by David August Gambino, 113 MOTION to Compel filed by David August Gambino, 107 MOTION to Amend/Correct 11 Amended Complaint, filed by David August Gambino, 105 MOTION for an order of protection filed by David August Gambino.Copy of Order mailed to plaintiff at Cumberland Correctional Institution by Chambers.So Ordered. Signed by Hon. Hugh B. Scott on 7/2/2015. (DRH) Modified on 7/2/2015--add service of plaintiff (DRH).
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Filing
124
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re 123 Notice (Other) filed by David August GambinoPlaintiff's Notice, with motion requesting this Court to order parties to comply with plaintiff's FOIL request, is denied.Copy of Order mailed to plaintiff at the Cumberland Federal Correctional Facility by Chambers.So Ordered. Signed by Hon. Hugh B. Scott on 6/3/2015. (DRH)
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Filing
102
ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 68 as filed on December 24, 2014. Defendant's motion to compel 41 is granted. Plaintiff's motion for deposition transcript 49 is denied as moot. Plainti ff's motions for injunctive relief and his motion for preservation of records 31 32 34 and 33 are denied. The matter is remanded to Magistrate Judge Scott for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 4/21/15. (LAS)
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Filing
88
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER granting in part and denying in part 66 Motion to QuashAs stated in this Order, the subpoena dated 11/5/2014 is quashed as a subpoena and may be con strued to be a discovery request. Plaintiff, however, may serve a proper discovery request (interrogatories or written deposition) to obtain the information sought in this subpoena. Responses to the original document are due 30 days from entry of t his Order, or by 4/2/2015; if plaintiff serves discovery demands, defendants may respond pursuant to the rules for that device.The other subpoenas challenged in this motion are quashed.So Ordered. Signed by Hon. Hugh B. Scott on 3/2/2015. (DRH)
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Filing
13
ORDER that certain claims are dismissed with prejudice. Further, the Clerk of Court is directed to cause the U.S. Marshal to serve copies of the summons, amended complaint, and this Order upon defendants Captain Payne, Sergeant Williams, Sergeant Li wswinski, Officer Booth, Officer Rankin, Officer Geoski, Officer Lewis and Officer Rebald without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor; defendants are directed to respond to the amended complaint. Signed by Hon. Frank P. Geraci, Jr. on 11/15/13. (DZ)
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Filing
6
ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying without prejudice 3 Motion to Appoint Counsel. Further, the First Claim is dismissed with prejudice. Further, plaintiff is granted leave to file an amended complaint with respect to the Complaint's Second, Third, Fourth and Fifth Claims by 5/15/13. The Clerk of Court is directed to send plaintiff with this order a copy of the original complaint, a blank section 1983 complaint form and the instructions for prepa ring an amended complaint. Further, if plaintiff fails to file an amended complaint by 5/15/13, the Clerk of Court is directed to close this case as dismissed with prejudice and leave to appeal to the Court of Appeals as a poor person denied. Signed by Hon. Michael A. Telesca on 3/28/13. (DZ)
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