Kelly v. Tan et al
| John C. Kelly |
| Dr J Tan, MD, Dr Koenigsmann, MD, Prov. Robert Ciepielia, POD, Eileen Dinsio, R.H.A, Mrs. Samuelson, Karen Bellamy, I.G.P and Ken Jin, M.D. |
| 6:2011cv06614 |
| December 16, 2011 |
| US District Court for the Western District of New York |
| Rochester Office |
| Erie |
| Jonathan W Feldman |
| Charles J Siragusa |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on May 12, 2016. A more recent docket listing may be available from PACER.
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Filing 35
-CLERK TO FOLLOW UP-STIPULATION AND ORDER OF SETTLEMENT.. Signed by Hon. Charles J. Siragusa on 5/11/16. Copy of this Stipulation and Order and the NEF mailed to pro se plaintiff at 592 Wales Avenue, Apartment E,Bronx, NY 10455 (KAP)
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Filing 34
LETTER ORDER. On or before June 9, 2016, defendant's counsel shall file either a executed stipulation of dismissal or a status report.. Signed by Hon. Charles J. Siragusa on 5/9/16. Copy of this Order and the NEF mailed to pro se plaintiff at 592 Wales Avenue, Apartment E, Bronx, NY 10455 (KAP)
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Filing 33
LETTER ORDER. On or before 5/3/16, defendants' counsel shall either submit an executed stipulation of settlement or a written status report.. Signed by Hon. Charles J. Siragusa on 4/21/16. Copy of this Order and the NEF mailed to pro se plaintiff at 592 Wales Ave., Apt. E Bronx, NY 10455.(KAP) Modified on 4/22/2016 (KAP). NOTE TO DEFENDANTS' COUNSEL: correct address as noted on the docket for plaintiff is 592 Wales Ave., Apt. E, Bronx, NY 10455 - address on letter directed from defense counsel to plaintiff has wrong address.
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E-Filing Notification: Correction to docket entry. #33 LETTER ORDER. On or before 5/3/16, defendants' counsel shall either submit an executed stipulation of settlement or a written status report.. Signed by Hon. Charles J. Siragusa on 4/21/16. Copy of this Order and the NEF mailed to pro se plaintiff at 592 Wales Ave., Apt. E Bronx, NY 10455.(KAP) Modified on 4/22/2016 (KAP). NOTE TO DEFENDANTS' COUNSEL: correct address as noted on the docket for plaintiff is 592 Wales Ave., Apt. E, Bronx, NY 10455 - address on letter directed from defense counsel to plaintiff has wrong address. (KAP)
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Filing 32
Minute Entry for proceedings held before Hon. Charles J. Siragusa: Plaintiff, John C. Kelly, appearing pro se. Hillel Deutsch, Esq. appearing on behalf of defendant. Status Conference held on 2/23/2016. Court recommends amount to settle the case which is acceptable to plaintiff. Mr. Deutsch to advise the Court by letter, and copy plaintiff, by 3/1/2016, whether or not the case can be resolved. If not, Court will schedule a date for trial and issue a Pretrial Order. Copy of NEF mailed to pro se plaintiff at 592 Wales Avenue, Apartment E, Bronx, NY 10455. (Court Reporter Colleen Lounsbury/Computer Reporting Service.) (KJA)
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Filing 31
Minute Entry for proceedings held before Hon. Charles J. Siragusa: Plaintiff, John C. Kelly, appearing pro se. Hillel Deutsch, Esq. appearing on behalf of defendants. Initial Pretrial Conference held on 2/4/2016. Court directs plaintiff to advise the Court by letter, with copy to defense counsel, on or before 2/11/2016, stating the name of the doctor that plaintiff will call to testify at a trial in this case, and what the doctor will say if he testifies. Further Status Conference set for 2/23/2016 10:00 AM before Hon. Charles J. Siragusa. If plaintiff retains an attorney prior to 2/23/2016, plaintiff's appearance will not be necessary on 2/23/2016 and his attorney is to contact Judge Siragusa's chambers. If he does not retain an attorney, plaintiff is directed to appear on that date to set a trial date. Copy of NEF mailed to plaintiff at 592 Wales Avenue, Apartment E, Bronx, NY 10455. (Court Reporter Karen Bush.) (KJA)
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Filing 30
ORDER SCHEDULING PRETRIAL CONFERENCE. ( Pretrial Conference set for 2/4/2016 10:00 AM before Hon. Charles J. Siragusa.). ORDERED, that if Plaintiff fails to comply with this Order, of if he fails to appear for such pretrial conference, either in person or by his attorney, the Court will dismiss this action with prejudice. Signed by Hon. Charles J. Siragusa on 1/7/16. Copy of this order and the NEF mailed to pro se plaintiff at 592 Wales Avenue, Apartment E, Bronx, NY 10455. (KAP)
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Filing 29
-CLERK TO FOLLOW UP-DECISION AND ORDER granting in part and denying in part #26 Motion for Summary Judgment. Defendants summary judgment motion [#26] is granted as to Tan, Jin, DiNisio, Samuelson and Bellamy, and the Clerk of the Court is directed to terminate them as defendants. Defendants application [#26] is denied as to Ciepiela. Accordingly, the matter will proceed to trial just on the claim against Ciepiela.Signed by Hon. Charles J. Siragusa on 1/6/16. COPY OF THIS ORDER AND THE NEF MAILED TO PRO SE PLAINTIFF (John C. Kelly, 592 Wales Ave., Apt E, Bronx, NY 10455.) (KAP)
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Filing 28
MOTION SCHEDULING ORDER re #26 MOTION for Summary Judgment filed by Karen Bellamy, I.G.P, Ken Jin, M.D., Eileen Dinsio, R.H.A, Samuelson, J Tan, MD, Robert Ciepielia, POD, Koenigsmann, MD. Replies due by 9/4/2015. This is an action pursuant to 42 U.S.C. Section 1983 in which John C. Kelly ("Plaintiff"), formerly an inmate in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"), alleges that Defendants violated his federal constitutional rights by denying him appropriate medical treatment. On July 22, 2015, Defendants filed a motion for summary judgment (Docket No. [#26]). On August 13, 2015, Plaintiff filed a response (Docket No. [#27]). Accordingly, it is hereby ORDERED that: 1) On or before September 4, 2015, Defendants may file and serve any reply; and 2) In accordance with Local Rules of Civil Procedure, Rules 5.3(h) & 7(c), the Court will not hear oral argument; a written decision will be rendered after September 4, 2015. Copy of Motion Scheduling Order and NEF mailed to plaintiff, John C. Kelly, at 592 Wales Avenue, Apartment E, Bronx, NY 10455 Signed by Hon. Charles J. Siragusa on 8/21/15. (KJA)
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Remark pltf address updated from NYNY to Bronx NY pursuant to letter from pltf dated 8/13/15 (SSK)
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Filing 27
RESPONSE to re #26 MOTION for Summary Judgment filed by John C. Kelly. (JHF)
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Filing 26
MOTION for Summary Judgment by Karen Bellamy, IGP, Robert Ciepielia, POD, Eileen Dinsio, RHA, Ken Jin, MD, Koenigsmann, MD, Samuelson, J Tan, MD. (Attachments: #1 Statement of Undisputed Facts, #2 Local Rule 56.2 Statement, #3 Dr. Jin Declaration, #4 Hale Declaration, #5 Deutsch Declaration, #6 Memorandum in Support)(Deutsch, Hillel)
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Copy of #25 Order sent to plaintiff. (JHF)
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Filing 25
ORDER Staying all deadlines until 8/31/15. Signed by Hon. Jonathan W. Feldman on 7/6/15. (JHF)
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Filing 24
NOTICE to Take Deposition of John C. Kelly by Karen Bellamy, IGP, Robert Ciepielia, POD, Eileen Dinsio, RHA, Ken Jin, MD, Samuelson, J Tan, MD.(Deutsch, Hillel)
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Filing 23
ORDER granting request for extension of deadlines. Dispositive Motions due by 6/19/2015. Discovery completed by 4/17/2015. Signed by Hon. Jonathan W. Feldman on 2/12/15. (JHF)
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Remark pltf address updated from Manhattan to New York, NY pursuant to letter from pltf dated 2/3/15 (SSK)
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Filing 22
NOTICE to Take Deposition of John C. Kelly by Karen Bellamy, IGP, Robert Ciepielia, POD, Eileen Dinsio, RHA, Ken Jin, MD, Samuelson, J Tan, MD.(Deutsch, Hillel)
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Filing 21
RULE 26 DISCLOSURE by John C. Kelly.(JHF)
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Filing 20
RULE 26 DISCLOSURE by Karen Bellamy, IGP, Robert Ciepielia, POD, Eileen Dinsio, RHA, Ken Jin, MD, Samuelson, J Tan, MD.(Deutsch, Hillel)
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Filing 19
SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents 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.) Mandatory Disclosures due by 11/24/2014. Motions to Join Parties/Amend Pleadings due by 12/30/2014. Discovery completed by 1/26/2015. Dispositive Motions due by 3/6/2015.. Signed by Hon. Jonathan W. Feldman on 8/25/14. (NNR)
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Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Scheduling Conference held on 8/25/2014. Appearances: John Kelly, Hillel David Deutsch, Esq. Scheduling order is issued. (NNR)
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Filing 18
Acknowledgment of Service PR by John C. Kelly. Ken Jin, MD served on 5/23/2014, answer due 7/23/2014. (JHF)
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ORDER: Scheduling conference set for 8/6/2014 is rescheduled for 8/25/2014 10:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Jonathan W. Feldman). Signed by Hon. Jonathan W. Feldman on 6/17/2014. (CAD)
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Filing 17
Rule 16 scheduling ORDER. Signed by Hon. Jonathan W. Feldman on 6/13/14. (NNR)
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Filing 16
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jonathan W. Feldman. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. All non-dispositive motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Signed by Hon. Charles J. Siragusa on 6/12/14. (KJA)
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Filing 15
ANSWER to #1 Complaint by Ken Jin, MD.(Deutsch, Hillel)
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Filing 14
Summons Returned Unexecuted by John C. Kelly as to Karen Bellamy, IGP, Robert Ciepielia, POD, Eileen Dinsio, RHA, Ken Jin, MD, Koenigsmann, MD, Samuelson, J Tan, MD. (JHF)
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Summons Reissued as to Ken Jin, MD. (JHF)
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Summons Issued as to Ken Jin, MD. (JHF)
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Filing 13
ANSWER to #1 Complaint by Karen Bellamy, IGP, Robert Ciepielia, POD, Eileen Dinsio, RHA, Samuelson, J Tan, MD.(Deutsch, Hillel)
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Remark: blank summons and U.S. Marshal form mailed to plaintiff to be completed by plaintiff and returned to Clerk's office for issuance. (JHF)
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Filing 12
-CLERK TO FOLLOW UP-DECISION AND ORDER denying #6 Motion for Summary Judgment. Defendants Motion for Summary Judgment [#6] is denied. This ruling is without prejudice to Defendants bringing another summary judgment motion following the completion of discovery. Dr. Koenigsmann is terminated as a party to this action, and Ken Jin, M.D. is substituted in his place. The Clerk of the Court is directed to cause the United States Marshal to serve copies of the Summons, Complaint and this Decision and Order upon Jin without Plaintiffs payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiffs favor. Pursuant to 42 U.S.C. 1997e(g)(2), the defendants are directed to answer the Complaint.Signed by Hon. Charles J. Siragusa on 9/9/13. (KAP)
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Remark pltf's address updated from Collins CF to Freedom House 6 (SSK)
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Filing 11
RESPONSE in Opposition re #6 MOTION for Summary Judgment filed by John C. Kelly. (JHF)
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Filing 10
DECLARATION signed by Hillel Deutsch re #9 Response in Opposition to Motion filed by Karen Bellamy, IGP, Robert Ciepielia, POD, Eileen Dinsio, RHA, Koenigsmann, MD, Samuelson, J Tan, MD. (Deutsch, Hillel)
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Filing 8
ORDER re #6 MOTION for Summary Judgment filed by Karen Bellamy, I.G.P, Eileen Dinsio, R.H.A, Samuelson, J Tan, MD, Koenigsmann, MD., granting defendant's request for defendant Ciepelia to join in Motion for Summary Judgment Attorney Hillel David Deutsch for Robert Ciepielia, POD added.. Signed by Hon. Charles J. Siragusa on 5/2/12. (KAP)
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Filing 9
RESPONSE in Opposition re #6 MOTION for Summary Judgment filed by John C. Kelly. (BK)
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Filing 7
DECLARATION signed by Hillel Deutsch re #6 MOTION for Summary Judgment filed by Robert Ciepielia, POD. (Deutsch, Hillel)
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Hon. Charles J. Siragusa added. Hon. Jonathan W. Feldman no longer assigned to case. (SSK)
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Filing 6
MOTION for Summary Judgment by Karen Bellamy, IGP, Eileen Dinsio, RHA, Koenigsmann, MD, Samuelson, J Tan, MD. (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts, #3 Notice to Pro Se Litigant, #4 LaGraves Declaration)(Deutsch, Hillel)
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Summons Issued as to Karen Bellamy, IGP, Robert Ciepielia, POD, Eileen Dinsio, RHA, Koenigsmann, MD, Samuelson, J Tan, MD. (JHF)
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Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Clerk directed to file plaintiff's papers and cause the U.S. Marshal to serve the summons, #1 complaint and this order upon the named defendants. Signed by Hon. Charles J. Siragusa on 1/27/12. (JHF)
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Remark: blank summonses and U.S. Marshal forms mailed to plaintiff to be completed by plaintiff and returned to Clerk's office for issuance. (JHF)
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Filing 4
AUTHORIZATION re #2 MOTION for Leave to Proceed in forma pauperis by John C. Kelly. (JHF)
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Remark: sent plaintiff a blank Authorization form. (JHF)
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Filing 3
ORDER directing plaintiff to file a signed Authorization form or pay the full filing fee of $350, either by 1/25/12. Clerk directed to close case as dismissed if plaintiff does not comply with this order. Clerk directed to send plaintiff a blank Authorization form. signed by Hon. William M. Skretny on 12/29/11. (JHF)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by John C. Kelly.(JHF)
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Filing 1
COMPLAINT against Karen Bellamy, IGP, Robert Ciepielia, POD, Eileen Dinsio, RHA, Koenigsmann, MD, Samuelson, J Tan, MD, filed by John C. Kelly.(JHF)
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