Vega-Rivera v. Chautauqua County, NY et al
Defendant: Sgt. Stuczynski, Deponceau, Officer Rizzo, The Medical Provider of the Chautauqua County Jail, Officer Gilmore, Chautauqua County, NY, Sgt. Wielgasz, The Chautauqua County Jail, Officer Brandt and Unknown Correction Officers of Chautauqua County Jail
Petitioner: Johnny Vega-Rivera and Jonathan Vega-Rivera
Case Number: 6:2017cv06291
Filed: May 8, 2017
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Chautauqua
Presiding Judge: Jonathan W Feldman
Referring Judge: Charles J Siragusa
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2019 Filing 33 Mail Returned as Undeliverable. 28 Minute entry re Motion Hearing sent to Johnny Vega-Rivera (TF)
April 3, 2019 Filing 32 Mail Returned as Undeliverable. #30 Judgment sent to Johnny Vega-Rivera (TF)
April 1, 2019 Filing 31 Mail Returned as Undeliverable. 28 Motion Hearing sent to Johnny Vega-Rivera (TF)
March 27, 2019 Filing 30 JUDGMENT in favor of Defendants against Plaintiff. Signed by Clerk of Court 3/27/19. (mailed a copy of this judgment to plaintiff) (TF)
March 26, 2019 Opinion or Order Filing 29 ORDER granting #25 Motion to Dismiss for Lack of Prosecution. Signed by Hon. Charles J. Siragusa on 3/25/19. Copy of this NEF and order mailed to pro se plaintiff at 111 East 8th Street, Apt 2, Jamestown, NY 14701 (Attachments: #1 Exhibit Transcript) (KAP)-CLERK TO FOLLOW UP-
March 14, 2019 Filing 28 Minute Entry for proceedings held before Hon. Charles J. Siragusa: Shannon O'Neill, Esq. appearing on behalf of defendants. No appearance by pro se plaintiff. Motion Hearing not held on 3/14/2019 re #25 MOTION to Dismiss for Lack of Prosecution filed by Deponceau, Stuczynski, Gilmore, Brandt, Rizzo. Plaintiff failed to appear or notify the Court of his current address. Court dismisses the case with prejudice pursuant to Local Rule 5.2(d) and Federal Rule of Civil Procedure 41 (b), and directs defense counsel to prepare a proposed Order, attach the transcript of today's proceeding, and submit it to the Court for signature. Copy of NEF mailed to pro se plaintiff at address noted on defendants' Certificate of Service (Docket No. 25-10), 111 East 8th Street, Apt 2, Jamestown, NY 14701. (Court Reporter Diane Martens.) (KJA)
December 17, 2018 Filing 27 Mail Returned as Undeliverable. #26 Order sent to Johnny Vega-Rivera (TF)
December 3, 2018 Filing 26 MOTION SCHEDULING ORDER re #25 MOTION to Dismiss for Lack of Prosecution filed by Deponceau, Stuczynski, Gilmore, Brandt, Rizzo, ( Responses due by 12/28/2018., Replies due by 1/11/2019., Motion Hearing set for 3/14/2019 01:45 PM before Hon. Charles J. Siragusa.) FAILURE OF THE PLAINTIFF TO APPEAR ON MARCH 14, 2019, WILL RESULT IN DISMISSAL OF THIS ACTION.. Signed by Hon. Charles J. Siragusa on 12/3/18. Copy of this NEF and order mailed to address noted on the defendants' certificate service, 111 East 8th Street, Apt 2, Jamestown, NY 14701 (plaintiff no longer incarcerated at Chautauqua County Jail.)(KAP)
November 28, 2018 Filing 25 MOTION to Dismiss for Lack of Prosecution by Brandt, Deponceau, Gilmore, Rizzo, Stuczynski. (Attachments: #1 Declaration in support of the County Defendants' motion to dismiss for failure to prosecute, #2 Exhibit A (County Defendants discovery demands Dkts 20, 21, 23), #3 Exhibit B (O'Neill's 8/13/18 ltr), #4 Exhibit C (O'Neill's 9/10/18 ltr- Dkt 24), #5 Exhibit D (SBO 10/15/18 ltr to plaintiff re depo), #6 Exhibit E (booking sheet re Plnt's last known addresss), #7 Exhibit F (transcript of Plntf's non-appearance takken 10/25/18, #8 Exhibit G (O'Neill's 10/30/18 ltr to Court re issues & request for conference), #9 Exhibit H (return to sender/ unable to forward envelope), #10 Certificate of Service)(O'Neill, Shannon)
October 31, 2018 Set Deadlines/Hearings: Status Conference set for 11/8/2018 at 10:00 AM before Hon. Jonathan W. Feldman. Notice has been mailed to pro se plaintiff. (SR) Modified on 10/31/2018 (SR).
September 10, 2018 Filing 24 Letter filed by Gilmore, Deponceau, Rizzo, Stuczynski, Brandt as to Wielgasz, Gilmore, Deponceau, Rizzo, Chautauqua County, NY, Stuczynski, Unknown Correction Officers of Chautauqua County Jail, The Chautauqua County Jail, Brandt, The Medical Provider of the Chautauqua County Jail O'Neill ltr to pro se plaintiff dated 9/10/18 in response to his correspondence ("Notice of Motion Demanding Discovery"). (Attachments: #1 Exhibit P's letter Notice of Motion Demanding Discovery & O'Neill's 2 ltrs pro se plaintiff re responses to discovery demands, #2 Certificate of Service)(O'Neill, Shannon)
July 9, 2018 Filing 19 Letter from Johnny Vega, to Whom it may concern. (TF)
May 23, 2018 Filing 17 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.) Dispositive Motions due by 1/9/2019. A copy of the order has been mailed to pro se plaintiff. Signed by Hon. Jonathan W. Feldman on 5/23/18. (NNR)
May 23, 2018 Filing 16 Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Scheduling Conference held on 5/23/2018. Appearances: plaintiff, pro se; Shannon O'Neill, Esq. for defendants. The Court will issue a scheduling order. A copy of the Minute Entry has been mailed to pro se plaintiff. (Court Reporter digital recording.) (NNR)
May 10, 2018 Opinion or Order Filing 15 ORDER permitting counsel to participate at the 5/23/18 scheduling conference by phone. Counsel is directed to call the conference center at 703-724-3100. When prompted for the number you wish to dial, enter 4100019#. When prompted for the security pin, enter 9999#. A copy of the Order has been mailed to pro se plaintiff. Signed by Hon. Jonathan W. Feldman on 5/8/18. (NNR)
April 10, 2018 Filing 14 NOTICE of Appearance by Michael P. McClaren on behalf of Brandt, Deponceau, Gilmore, Rizzo, Stuczynski (Attachments: #1 Certificate of Service)(McClaren, Michael)
April 5, 2018 Opinion or Order Filing 13 ORDER Scheduling Conference set for 5/23/2018 09:30 AM before Hon. Jonathan W. Feldman. A copy of the order and this NEF have been mailed to pro se plaintiff.. Signed by Hon. Jonathan W. Feldman on 4/5/18. (NNR)
April 3, 2018 Filing 12 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 4/3/18. Copy of NEF mailed to pro se plaintiff, Johnny Vega-Rivera, CHAUTAUQUA COUNTY JAIL, Box 190, Mayville, NY 14757.(KJA)
March 16, 2018 Filing 11 SUMMONS Returned Executed by Johnny Vega-Rivera. Gilmore served on 3/6/2018, answer due 3/27/2018; Rizzo served on 2/22/2018, answer due 3/15/2018; Stuczynski served on 3/8/2018, answer due 3/29/2018. (TF)
March 16, 2018 Filing 10 CERTIFICATE OF SERVICE by Brandt, Deponceau, Gilmore, Rizzo, Stuczynski re #9 Answer to Complaint (O'Neill, Shannon)
March 16, 2018 Filing 9 ANSWER to #1 Complaint (with affirmative defenses and Demand for Jury) by Brandt, Deponceau, Gilmore, Rizzo, Stuczynski.(O'Neill, Shannon)
March 6, 2018 Filing 8 SUMMONS Returned Executed by Johnny Vega-Rivera. Brandt served on 2/25/2018, answer due 3/19/2018; Deponceau served on 2/23/2018, answer due 3/16/2018. (TF)
February 13, 2018 Filing 7 TEXT ORDER re #6 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion to Appoint Counsel, Order on Motion for Service by US Marshal,,,,,, directing Clerk of the Court to mail copy of this order to Patrick Swanson, Chautauqua County District Attorney, 1 N. Erie St., Mayville, NY 14757. Signed by Hon. Charles J. Siragusa on 2/13/18. Copy of this NEF mailed to pro se plaintiff at Chautauqua County Jail.(KAP)-CLERK TO FOLLOW UP-
February 13, 2018 Summons Issued as to Brandt, Deponceau, Gilmore, Rizzo, Stuczynski. Completed summons and Marshal forms. The Clerk's Office has forwarded service packets to the US Marshal. (TF)
December 18, 2017 Opinion or Order Filing 6 ORDER granting #2 Motion for Leave to Proceed in forma pauperis; denying #3 Motion to Appoint Counsel ; finding as moot #4 Motion for Service by US Marshal; that claims against defendant Chautauqua County Jail and all defendants in their official capacity are dismissed with prejudice; that the Clerk of the Court is directed to amend the official caption; that plaintiff is granted leave to file an amended complaint within 45 days of the date this order is entered (see order for further details). Signed by Hon. Charles J. Siragusa on 12/18/17. (Mailed plaintiff a copy of this order, copy of the original complaint, a blank 1983 complaint form and the instructions for preparing an amended complaint. Emailed Ted O'Brien a copy of this order) (TF)
May 19, 2017 Filing 5 Mail Returned as Undeliverable. ecf notice re #1 Complaint, consent form and intro letter sent to Johnny Vega-Rivera (TF)
May 12, 2017 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (Form mailed to plaintiff.) (LB)
May 8, 2017 Filing 4 MOTION for Service by US Marshal by Johnny Vega-Rivera. (LB)
May 8, 2017 Filing 3 MOTION to Appoint Counsel by Johnny Vega-Rivera. (LB)
May 8, 2017 Filing 2 MOTION for Leave to Proceed in forma pauperis by Johnny Vega-Rivera. (LB)
May 8, 2017 Filing 1 COMPLAINT against Chautauqua County, NY, Stuczynski, The Chautauqua County Jail, The Medical Provider of the Chautauqua County Jail, Unknown Correction Officers of Chautauqua County Jail, Wielgasz, filed by Johnny Vega-Rivera. (LB)

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Petitioner: Johnny Vega-Rivera
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Petitioner: Jonathan Vega-Rivera
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Defendant: Sgt. Stuczynski
Represented By: Shannon Brae O'Neill
Represented By: Michael P. McClaren
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Defendant: Deponceau
Represented By: Shannon Brae O'Neill
Represented By: Michael P. McClaren
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Defendant: Officer Rizzo
Represented By: Shannon Brae O'Neill
Represented By: Michael P. McClaren
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Defendant: The Medical Provider of the Chautauqua County Jail
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Defendant: Officer Gilmore
Represented By: Shannon Brae O'Neill
Represented By: Michael P. McClaren
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Defendant: Chautauqua County, NY
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Defendant: Sgt. Wielgasz
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Defendant: The Chautauqua County Jail
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Defendant: Officer Brandt
Represented By: Shannon Brae O'Neill
Represented By: Michael P. McClaren
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Defendant: Unknown Correction Officers of Chautauqua County Jail
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