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Case TitleFalls v. Campbell et al
DistrictSouthern District of New York
CityWhite Plains
Case Number7:2017cv00035
Date Filed2017-01-03
Date ClosedOpen
JudgeJudge Kenneth M. Karas
PlaintiffRaiquan K. Falls
DefendantSergeant E. Campbell #143
DefendantCorrection Officer A. Pullen #124
DefendantCorrection Officer Goodenough #392
DefendantCorrection Officer Cardwell #147
DefendantCorrection Officer John Doe
TERMINATED: 04/16/2019
Defendantlieutenant Penney
DefendantCorrectional Officer Banse
TERMINATED: 02/20/2018
DefendantOrange County
TERMINATED: 03/19/2019
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-031REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Raiquan Ko Falls.(rdz) (Entered: 01/04/2017)
2017-01-032COMPLAINT against E. Campbell, Cardwell, Correction Officer John Doe, Goodenough, A. Pullen. Document filed by Raiquan Ko Falls. (Attachments: # 1 Exhibit, # 2 Exhibit)(rdz) (Main Document 2 replaced on 1/4/2017) (rdz). (Entered: 01/04/2017)
2017-01-03Case Designated ECF. (rdz) (Entered: 01/04/2017)
2017-01-033PRISONER AUTHORIZATION. Document filed by Raiquan Ko Falls.(rdz) (Entered: 01/04/2017)
2017-02-034ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. § 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Colleen McMahon on 2/3/2017) (anc) (Entered: 02/03/2017)
2017-02-03Mailed a copy of 4 Order Granting IFP Application in Prisoner Case to Raiquan Ko Falls, 2016-02633, Orange County Jail, 110 Wells Farm Road, Goshen, NY 10924 and to Superintendent, Orange County Jail, 110 Wells Farm Road, Goshen, NY 10924. (anc) (Entered: 02/03/2017)
2017-02-13NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 02/13/2017)
2017-02-13Magistrate Judge Lisa M. Smith is so designated. (wb) (Entered: 02/13/2017)
2017-02-276ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this Order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Sergeant E. Campbell # 143, Correctional Officer A. Pullen # 124, Correctional Officer Goodenough # 392, and Correctional Officer Cardwell # 147 and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this Order and the Complaint to the Office of the County Attorney, Orange County at: 15 Matthews Street, Suite 305, Goshen, New York 10924. An "Amended Prisoner Complaint" form is attached to this Order. Local Civil Rule 33.2 applies to this Action. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/27/17) (yv) (Entered: 02/27/2017)
2017-02-27FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 2/27/2017 via Regular Mail. The information package included: a copy of the Order of Service, Judge's individual rules, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case files, A Motions Guide, A Notice that the Pro Se Manual has been discontinued, a Notice of Change of Address to use if your contact information changes, a consent to proceed before a Magistrate Judge, and consent to electronic service forms. (nb) (Entered: 02/27/2017)
2017-02-28SUMMONS ISSUED as to E. Campbell, Cardwell, Goodenough, A. Pullen. (nb) (Entered: 02/28/2017)
2017-02-28FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 2/28/2017 per the instructions of Judge Kenneth M. Karas. See 6 Order of Service. (nb) (Entered: 02/28/2017)
2017-03-017PRO SE MEMORANDUM re: CHANGE OF ADDRESS for Raiquan K. Falls. New Address: NYSID#2874274k, 121 Red Schoolhouse Rd., Fishkill, New York, 12524. (sc) (Entered: 03/01/2017)
2017-03-138ENDORSED LETTER addressed to Judge Kenneth M. Karas from Kellie E. Lagitch dated 3/9/17 re: your Honor's Order of Service dated February 27, 2017. ENDORSEMENT: The Clerk is respectfully requested to docket this letter. So Ordered. (Signed by Judge Kenneth M. Karas on 3/10/17) (yv) (Entered: 03/13/2017)
2017-03-13Transmission to Docket Assistant Clerk. Transmitted re: 8 Endorsed Letter, to the Docket Assistant Clerk for case processing. (yv) (Entered: 03/13/2017)
2017-03-13Mailed a copy of 8 Endorsed Letter to Raiquan K. Falls, NYSID#2874274K, 121 Red Schoolhouse Rd., Fishkill, NY 12524. (rro) (Entered: 03/13/2017)
2017-03-159PRO SE MEMORANDUM(Letter) dated 3/10/17 re: CHANGE OF ADDRESS for Raiquan K. Falls. New Address: #17A0942, Downstate C.F., Box F, Red Schoolhouse Rd., Fishkill, New York, 12524-0445. (sc) (Entered: 03/15/2017)
2017-03-2110LETTER from Raiquan K. Falls, dated 3/14/17 re: Plaintiff requests that the Court Clerk's Office send him the Motions Guide and the Discovery Guide. Document filed by Raiquan K. Falls.(sc) (Entered: 03/23/2017)
2017-03-21Request for Copies Received: Re (10 in 7:17-cv-00035-KMK, 24 in 7:16-cv-08863-KMK) Letter. Request for Motion forms & Instructions, Discovery forms & Instructions from Raiquan Falls received on 3/21/17. Transmission to Pro Se Assistants for processing. (sc) (Entered: 03/23/2017)
2017-03-27Form Request Mailed: Request for Motion forms & Instructions, Discovery forms & Instructions from Raiquan Falls mailed on 3/27/2017. (sbr) (Entered: 03/27/2017)
2017-03-28Received returned mail re: 8 Endorsed Letter. Mail was addressed to Raiquan K. Falls, NYSID#2874274K, 121 Red Schoolhouse Rd., Fishkill, NY 12524 and was returned for the following reason(s): Return to sender, unable to identify, must have name and number. (jgo) (Entered: 03/28/2017)
2017-03-28Re-Mailed a copy of 8 Endorsed Letter, to Raiquan K. Falls #17A0942 Downstate C.F. Box F Red Schoolhouse Rd. Fishkill, NY 12524. (jgo) Modified on 3/28/2017 (jgo). (Entered: 03/28/2017)
2017-03-2811NOTICE OF APPEARANCE by Kellie Elizabeth Lagitch on behalf of E. Campbell, Cardwell, Goodenough, A. Pullen. (Lagitch, Kellie) (Entered: 03/28/2017)
2017-04-0512MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Cardwell served on 3/23/2017, answer due 5/22/2017. Service was accepted by Kellie E Nagitez. Document filed by Raiquan K. Falls. (rro) (Entered: 04/18/2017)
2017-04-0513MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. E. Campbell served on 3/6/2017, answer due 5/5/2017. Service was accepted by Kellie E Nagitez. Document filed by Raiquan K. Falls. (rro) (Entered: 04/18/2017)
2017-04-0514MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. A. Pullen served on 3/27/2017, answer due 5/26/2017. Service was accepted by Kellie E Nagitez. Document filed by Raiquan K. Falls. (rro) (Entered: 04/18/2017)
2017-04-0515MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Goodenough served on 3/27/2017, answer due 5/26/2017. Service was accepted by Kellie E Nagitez. Document filed by Raiquan K. Falls. (rro) (Entered: 04/18/2017)
2017-04-1916PRO SE MEMORANDUM dated 4/17/17 re: CHANGE OF ADDRESS for Raiquan K. Falls. New Address: #17A0942, Great Meadow C.F., Box 51, Comstock, New York, 12821-0051. (sc) (Entered: 04/20/2017)
2017-05-0517ANSWER to 2 Complaint. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen.(Lagitch, Kellie) (Entered: 05/05/2017)
2017-05-0518CERTIFICATE OF SERVICE of Answer served on Raiquan K. Falls on May 5, 2017. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen. (Lagitch, Kellie) (Entered: 05/05/2017)
2017-07-2419CALENDAR NOTICE: Initial Conference set for 9/19/2017 at 11:00 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 7/24/2017) (mml) (Entered: 07/25/2017)
2017-07-2820LETTER from Raiquan Falls, re: Plaintiff requests copies of the following cases pertaining to all of his cases: Rigano v. County of Sullivan 2007 WL 1133280, Sloane v. Boranski, 64 Supp. 3d 473, Samuels v. Prack 2017WL934706, 2015 WL 1222171, Hartline v. Gullo, 546F.3d95 et al. Document filed by Raiquan K. Falls.(sc) (Entered: 07/31/2017)
2017-08-0121MEMO ENDORSEMENT on re: (20 in 7:17-cv-00035-KMK, 30 in 7:17-cv-01339-VB, 39 in 7:16-cv-08863-KMK) Letter, filed by Raiquan K. Falls. ENDORSEMENT: The Court will take up this request at the 9/19/17 conference. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/1/2017) (mml) (Entered: 08/01/2017)
2017-09-1922CASE MANAGEMENT AND SCHEDULING ORDER: Fact Discovery due by 2/9/2018. Non-expert deposition due by 2/9/2018. Deposition due by 2/15/2018. Best estimate of the length of trial is 1 week. Case Management Conference set for 4/13/2018 at 10:00 AM before Judge Kenneth M. Karas, and as further set forth in this order. The Clerk is directed to mail a copy of this Order to Plaintiff. (Signed by Judge Kenneth M. Karas on 9/19/2017) (ap) (Entered: 09/19/2017)
2017-09-19Transmission to Docket Assistant Clerk. Transmitted re: 22 Case Management Plan to the Docket Assistant Clerk for case processing. (ap) (Entered: 09/19/2017)
2017-09-19Mailed a copy of 22 Case Management Plan, to Raiquan K. Falls #17A0942 Great Meadow C.F. Box 51 Comstock, NY 12821-0051. (jgo) (Entered: 09/19/2017)
2017-09-1923ORDER: Plaintiff shall file an Amended Complaint by no later than October 6, 2017. The Court will hold a conference on April 13, 2017 at 10 AM. The Clerk of Court is respectfully directed to send a copy of this order to Plaintiff. Amended Pleadings due by 10/6/2017. Status Conference set for 4/13/2018 at 10:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 9/19/2017) (ap) (Entered: 09/19/2017)
2017-09-19Transmission to Docket Assistant Clerk. Transmitted re: 23 Scheduling Order to the Docket Assistant Clerk for case processing. (ap) (Entered: 09/19/2017)
2017-09-19Mailed a copy of 23 Scheduling Order, to Raiquan K. Falls #17A0942 Great Meadow C.F. Box 51 Comstock, NY 12821-0051. (jgo) (Entered: 09/19/2017)
2017-09-19Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 9/19/2017. Raiquan Falls pro se appeared on his own behalf. Kellie Lagitch appeared on behalf of Defendant. Angie Shaw-Crockett served as court reporter. The court adopted a case management order. See Order. Plaintiffs amended complaint is due by October 6, 2017. The court will hold a conference on April 13, 2017 at 10 am. Any pre-motion letters must be filed by March 30, and non-movants response is due by April 6. (SS) (Entered: 09/19/2017)
2017-09-1924ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Kenneth M. Karas on 9/19/2017) (ap) (Entered: 09/19/2017)
2017-09-2025ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes as set forth in this order. (Signed by Magistrate Judge Lisa Margaret Smith on 9/20/2017) Copies Mailed By Chambers. (rj) (Entered: 09/20/2017)
2017-09-2026SCHEDULING NOTICE: Status Conference set for 10/24/2017 at 02:15 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 9/20/2017) Copies Mailed By Chambers. (rj) (Entered: 09/20/2017)
2017-09-2027MOTION for an Order Completing Discovery. Document filed by Raiquan K. Falls.(rdz) (Entered: 09/22/2017)
2017-09-2928LETTER addressed to Magistrate Judge Lisa M. Smith from Kellie E. Lagitch dated September 29, 2017 re: To address the issues raised in Plaintiff's Motion for an Order Compelling Discovery. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen.(Lagitch, Kellie) (Entered: 09/29/2017)
2017-09-2929CERTIFICATE OF SERVICE of Letter to Judge Lisa M. Smith dated September 29, 2017 served on Raiquan K. Falls on September 29, 2017. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen. (Lagitch, Kellie) (Entered: 09/29/2017)
2017-10-25Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 10/24/2017. Raiquan K. Falls appearing by telephone as Pro Se Plaintiff and Kellie E. Lagitch appearing in person on behalf of Defendants. Plaintiff has until 11/7/2017 to serve and file his motion for leave to amend, along with a coy of his proposed amended complaint. Defendants' opposition is to be served and filed by 12/1/2017. Defendants are to submit documents for in camera review within the next two weeks. All other discovery is stayed pending decision on the motion. The Clerk of Court is directed to mail a copy of this minute entry to Pro Se Plaintiff. Adjourned to December 12, 2017, at 10:30 AM for an in-person status conference. (Status Conference set for 12/12/2017 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter Courtflow) (aac) (Entered: 10/25/2017)
2017-11-0830MOTION FOR LEAVE TO AMEND. Document filed by Raiquan K. Falls.(vn) (Entered: 11/09/2017)
2017-11-1431LETTER from Raiquan Falls dated 11/10/17 re: Plaintiff informs the Court that he is transferring to Attica Correctional Facility, Box 51, Comstock, New York 12821-0051; and that he requests that the Court grants an extension of time to reply to Det. Pitt et al. / (10 civ. 8863) Interrogatories etc. Document filed by Raiquan K. Falls.(sc) (Entered: 11/14/2017)
2017-12-0132DECLARATION of Kellie E. Lagitch in Opposition re: 30 MOTION to Amend/Correct.. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lagitch, Kellie) (Entered: 12/01/2017)
2017-12-0133MEMORANDUM OF LAW in Opposition re: 30 MOTION to Amend/Correct. . Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen. (Lagitch, Kellie) (Entered: 12/01/2017)
2017-12-0134CERTIFICATE OF SERVICE of Declaration of Kellie E. Lagitch in Opposition to Motion to Amend with attached exhibits, and Memorandum of Law served on Raiquan K. Falls on December 1, 2017. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen. (Lagitch, Kellie) (Entered: 12/01/2017)
2017-12-0535RE-SCHEDULING NOTICE: The matter of Falls v. Campbell, et al., 17-cv-00035 (KMK) (LMS) has been rescheduled from a status conference on Tuesday, December 12, 2017, at 10:30 a.m., before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person status conference on Thursday, December 21, 2017, at 10:30 a.m. Counsel for Defendant to appear in person in Courtroom 520, and Pro Se Plaintiff to participate by telephone. Re: Incarcerated Prisoners: Incarcerated petitioners/plaintiffs shall participate in the conference by telephone (in lieu of a writ appearance). It is the responsibility of counsel for respondent/defendant to make prior arrangements with the appropriate correctional facility to have the petitioner/plaintiff available via telephone, and respondent/defendant counsel should be prepared to place the phone call from the courtroom on the appearance date. If the petitioner/plaintiff is no longer incarcerated, respondent/defendant shall forward a copy of this notice to his/her last known address. Status Conference set for 12/21/2017 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 12/5/2017) Copies Mailed by Chambers. (mro) (Entered: 12/06/2017)
2017-12-1836RE-SCHEDULING NOTICE:The matter of Falls v. Campbell, et al., 17-cv-00035 (KMK) (LMS) has been rescheduled from a status conference on Thursday, December 21, 2017, at 10:30 a.m., before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person status conference on Friday, January 12, 2018, at 10:30 a.m. Counsel for Defendant to appear in person in Courtroom 520, and Pro Se Plaintiff to participate by telephone. (Signed by Magistrate Judge Lisa Margaret Smith on 12/18/2017) Copies Mailed By Chambers. (rj) (Entered: 12/18/2017)
2017-12-2237DECISION AND ORDER granting in part and denying in part 30 Motion to Amend/Correct. Plaintiff's motion under Fed. R. Civ. P. 15(a) for leave to file an Amended Complaint. Docket # 30. For the foregoing reasons, Plaintiff's motion for leave to file an Amended Complaint (Docket# 30) is denied with respect to (1) the addition of claims for deliberate indifference to medical needs/violations of medical rights, deliberate indifference to unsafe conditions of confinement, violations of the right to freedom of speech/right to access the courts, and violation of the ADA, and (2) the addition of Kenneth A. Decker, Sgt. Figueroa, Sgt. Hernandez, Correct Care Solutions, and Ibellis Diaz as parties; and granted to the extent that Plaintiff shall be given an opportunity to replead (1) his claim for violation of his right to due process in connection with his disciplinary hearing to allege the conditions of his confinement imposed as a result of his disciplinary hearing, as compared with the conditions of confinement of others in the general prison population, and (2) Monell liability on his claims of excessive force and for violation of his right to due process in connection with his disciplinary hearing to assert the final policy making authority under state law of Defendants Campbell and Penney. Plaintiff shall serve and file his Second Amended Complaint, within 45 days of the date hereof. In addition to the repleaded claims, Plaintiff may include in his Second Amended Complaint his claim of excessive force against Defendants Campbell, Pullen, Goodenough, Cardwell, and Oriani, which was not the subject of this motion. Plaintiff is cautioned that the Second Amended Complaint will completely replace, not supplement, both the original Complaint and the proposed Amended Complaint, and it thus must contain all of the factual allegations that Plaintiff wishes to assert in this action. (Signed by Magistrate Judge Lisa Margaret Smith on 12/22/2017) Copies Mailed By Chambers (cf) (Entered: 12/22/2017)
2018-01-12Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 1/12/2018. Raiquan Falls appearing by telephone as Pro Se Plaintiff and Kellie E. Lagitch appearing in person on behalf of Defendants. Plaintiff's amended complaint is to be served by 2/5/2018. All discovery is stayed. Adjourned to March 16, 2018, at 10:30 AM for an in-person conference with Plaintiff appearing by telephone. The Clerk of Court is directed to mail a copy of this minute entry to Pro Se Plaintiff. (Status Conference set for 3/16/2018 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter Courtflow) (aac) (Entered: 01/12/2018)
2018-01-1738(Response)OBJECTION MOTION TO COMPEL. Document filed by Raiquan K. Falls. (sc) (Entered: 01/17/2018)
2018-01-1939DECLARATION of Kellie E. Lagitch in Opposition re: 38 Response. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lagitch, Kellie) (Entered: 01/19/2018)
2018-01-1940CERTIFICATE OF SERVICE of Declaration of Kellie E. Lagitch in Opposition to Motion to Compel with attached exhibits served on Raiquan K. Falls on January 19, 2018. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen. (Lagitch, Kellie) (Entered: 01/19/2018)
2018-01-2241ORDER denying 27 Motion for Discovery: Accordingly, in light of Defendants' representation that they have provided Plaintiff with all of the documents in Plaintiff's disciplinary file related to the July 6, 2016, disciplinary hearing, the Court denies Plaintiff's motion to compel. (Signed by Magistrate Judge Lisa Margaret Smith on 1/22/2018) Copies Mailed By Chambers. (jwh) (Entered: 01/22/2018)
2018-02-0842SECOND AMENDED COMPLAINT amending 2 Complaint against Banse, E. Campbell, Cardwell, Correction Officer John Doe, Goodenough, Orange County, Penney, A. Pullen.Document filed by Raiquan K. Falls. Related document: 2 Complaint.(rj) (Entered: 02/08/2018)
2018-02-08REQUEST FOR ISSUANCE OF SUMMONS as to Banse, E. Campbell, Cardwell, Correction Officer John Doe, Goodenough, Orange County, Penney, A. Pullen, re: 42 Amended Complaint. Document filed by Raiquan K. Falls. (rj) (Entered: 02/08/2018)
2018-02-1643LETTER MOTION for Extension of Time addressed to Magistrate Judge Lisa M. Smith from Kellie E. Lagitch dated February 16, 2018. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen.(Lagitch, Kellie) (Entered: 02/16/2018)
2018-02-1644CERTIFICATE OF SERVICE of Letter to Judge Lisa M. Smith dated February 16, 2018 served on Raiquan K. Falls on February 16, 2018. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen. (Lagitch, Kellie) (Entered: 02/16/2018)
2018-02-2045ORDER: granting 43 Letter Motion for Extension of Time. Accordingly, the Court dismisses Correctional Officer Banse from the action and directs the Clerk of the Court to terminate him as a party. Similarly, Plaintiff did not seek, nor did the Court grant, permission for Plaintiff to add a claim for supervisory liability. Accordingly, the Court dismisses the claim for supervisory liability asserted in the Second Amended Complaint. The Assistant County Attorney is deemed to have accepted service of the Second Amended Complaint on behalf of Orange County. Simultaneously herewith the Court issues an Order of Service as to Lt. Penney. All Defendants' time to answer or move with respect to the Second Amended Complaint is extended to April 13, 2018. The Clerk of the Court is directed to terminate the letter motion at Docket #43, and as further set forth in this order. Answer due by 4/13/2018. Correctional Officer Banse is terminated. (Signed by Magistrate Judge Lisa Margaret Smith on 2/20/2018) Copies Mailed by Chambers. (ap) (Entered: 02/20/2018)
2018-02-20Set/Reset Deadlines: E. Campbell answer due 4/13/2018; Cardwell answer due 4/13/2018; Correction Officer John Doe answer due 4/13/2018; Goodenough answer due 4/13/2018; Orange County answer due 4/13/2018; Penney answer due 4/13/2018; A. Pullen answer due 4/13/2018. (ap) (Entered: 02/20/2018)
2018-02-2046ORDER OF SERVICE: Plaintiff, currently incarcerated at the Attica Correctional Facility, brings this pro se action under 42 U.S.C. § 1983, alleging violations of his constitutional rights. By order dated February 3, 2017, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, informa pauperis. On February 8, 2018, Plaintiff filed a Second Amended Complaint which adds new defendants to the action. To allow Plaintiff to effect service on newly-named Defendant Lt. Penney through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for this defendant. The service address for this defendant is as follows: Lt. Penney # 041, Orange County Jail, 110 Wells Farm Road, Goshen, New York 10924. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon this defendant. It is Plaintiff's responsibility to ensure that service is made within 90 days of the date the summons is issued and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in writing if his address changes, and the Court may dismiss the action if he fails to do so. (Signed by Magistrate Judge Lisa Margaret Smith on 2/20/2018) Copies Mailed by Chambers. (ap) Modified on 2/21/2018 (ap). Modified on 2/21/2018 (ap). (Entered: 02/20/2018)
2018-02-20SUMMONS ISSUED as to Lt. Penney. (nb) (Entered: 02/20/2018)
2018-02-20FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/20/2018 Re: Magistrate Judge Lisa M. Smith 46 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Lt. Penney. (nb) (Entered: 02/20/2018)
2018-03-19Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 3/16/2018. Raiquan Falls appearing by telephone as Pro Se Plaintiff and Kellie E. Lagitch appearing in person on behalf of Defendants. Defendants' pre-motion letter is due to Judge Karas by 4/13/2018; Plaintiff's responsive letter to be served and filed by 4/25/2018. Adjourned to May 10, 2018, at 10:30 AM for an in-person status conference with Plaintiff appearing by telephone. (Status Conference set for 5/10/2018 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter Courtflow) (aac) (Entered: 03/19/2018)
2018-04-0347NOTICE OF APPEARANCE by Kellie Elizabeth Lagitch on behalf of E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 04/03/2018)
2018-04-0348CERTIFICATE OF SERVICE of Notice of Appearance served on Raiquan K. Falls on April 3, 2018. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 04/03/2018)
2018-04-0349LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Kellie E. Lagitch dated April 3, 2018. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 04/03/2018)
2018-04-0350CERTIFICATE OF SERVICE of Letter to Judge Kenneth M. Karas dated 04/03/18 served on Raiquan K. Falls on April 3, 2018. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 04/03/2018)
2018-04-0554MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Penney served on 3/20/2018, answer due 5/21/2018. Service was made by Mail, signed and returned by Kellie E Lagitch, Attorney. Document filed by Raiquan K. Falls. (sc) (Entered: 04/10/2018)
2018-04-0651ORDER granting 49 Letter Motion to Adjourn Conference. Granted. The conference on 4/13 is adjourned. Defendants should file their partial motion to dismiss by 5/14/2018. Plaintiff's opposition is due by 6/11/2018, and Defendants' reply is due 6/25/2018. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/5/2018) (rj) Modified on 5/31/2018 (rj). (Entered: 04/06/2018)
2018-04-06Set/Reset Deadlines: Motions due by 5/14/2018. Responses due by 6/11/2018 Replies due by 6/25/2018. (rj) (Entered: 04/06/2018)
2018-04-06Transmission to Docket Assistant Clerk. Transmitted re: 51 Order on Motion to Adjourn Conference, to the Docket Assistant Clerk for case processing. (rj) (Entered: 04/06/2018)
2018-04-06Mailed a copy of 51 Order on Motion to Adjourn Conference to Raiquan K. Falls #17A0942 Attica C.F. 639 Exchange Street Attica, NY 14011-0149. (mhe) (Entered: 04/06/2018)
2018-04-0652LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Lisa M. Smith from Kellie E. Lagitch dated April 6, 2018. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 04/06/2018)
2018-04-0653CERTIFICATE OF SERVICE of Letter to Judge Smith dated April 6, 2018 served on Raiquan K. Falls on April 6, 2018. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 04/06/2018)
2018-04-1655ORDER granting 52 Letter Motion to Adjourn Conference; conference adjourned without date, defendants' counsel to notify the undersigned when the motion is decided so a new date can be scheduled; discovery stayed pending outcome of the motion. (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Smith, Lisa) (Entered: 04/16/2018)
2018-04-16Mailed a copy of 55 Order on Motion to Adjourn Conference to Raiquan K. Falls #17A0942 Attica C.F. 639 Exchange Street Attica, NY 14011-0149. (mhe) (Entered: 04/16/2018)
2018-05-1456MOTION to Dismiss . Document filed by E. Campbell, Cardwell, Goodenough, Orange County, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 05/14/2018)
2018-05-1457DECLARATION of Kellie E. Lagitch in Support re: 56 MOTION to Dismiss .. Document filed by E. Campbell, Cardwell, Goodenough, Orange County, Penney, A. Pullen. (Attachments: # 1 Exhibit A)(Lagitch, Kellie) (Entered: 05/14/2018)
2018-05-1458MEMORANDUM OF LAW in Support re: 56 MOTION to Dismiss . . Document filed by E. Campbell, Cardwell, Goodenough, Orange County, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 05/14/2018)
2018-05-1459CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Declaration of Kellie E. Lagitch with attached exhibit, and Memorandum of Law served on Raiquan K. Falls on May 14, 2018. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Orange County, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 05/14/2018)
2018-06-2560DECLARATION of Kellie E. Lagitch in Support re: 56 MOTION to Dismiss .. Document filed by E. Campbell, Cardwell, Goodenough, Orange County, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 06/25/2018)
2018-06-2561CERTIFICATE OF SERVICE of Reply Declaration of Kellie E. Lagitch in Support of Motion to Dismiss served on Raiquan K. Falls on June 25, 2018. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Orange County, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 06/25/2018)
2018-07-1762LETTER from R. Falls dated 7/12/18 re: Plaintiff informs the Court that he is expecting to be without his legal documents for at least the next three weeks in which he will be unable to prepare any opposition motions; and he requests that the Court grant a three-week extension of time to reply. Document filed by Raiquan K. Falls.(sc) (Entered: 07/18/2018)
2018-07-1963MEMO ENDORSEMENT on re: 62 Letter requesting that the Court grant an extension of time to reply, filed by Raiquan K. Falls. ENDORSEMENT: Plaintiff's opposition to the motion to dismiss is already late - it was due 6/11/18. (Dkt. No. 51.) The Court will grant plaintiff one extension - until 8/31/18 to file his oppositions. Defendants' reply is now due 9/21/18. The Clerk of Court is directed to mail a copy of this Order to the plaintiff. So Ordered., (Responses due by 8/31/2018, Replies due by 9/21/2018.) (Signed by Judge Kenneth M. Karas on 7/19/18) (yv) (Entered: 07/19/2018)
2018-07-19Transmission to Docket Assistant Clerk. Transmitted re: 63 Memo Endorsement, Set Deadlines, to the Docket Assistant Clerk for case processing. (yv) (Entered: 07/19/2018)
2018-07-20Mailed a copy of 63 Memo Endorsement, Set Deadlines, to Raiquan K. Falls #17A0942 Attica C.F. 639 Exchange Street Attica, NY 14011-0149. (vba) (Entered: 07/20/2018)
2018-08-2464LETTER from R. Falls, dated 8/17/18 re: CONDITIONS OF CONFINEMENT - DISMISSAL- DECISION & ORDER. Document filed by Raiquan K. Falls.(sc) (Entered: 08/27/2018)
2018-08-2765LETTER addressed to Judge Kenneth M. Karas from Kellie E. Lagitch dated August 27, 2018 re: Response to Plaintiff's August 17, 2018 letter. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 08/27/2018)
2018-08-2766CERTIFICATE OF SERVICE of Letter to Judge Karas dated August 27, 2018 served on Raiquan K. Falls on August 27, 2018. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 08/27/2018)
2018-08-2767MEMO ENDORSEMENT on re: 65 Letter filed by Cardwell, A. Pullen, Goodenough, Penney, E. Campbell. ENDORSEMENT: The Court agrees. Plaintiff's time to appeal Judge Smith's 12/22/17 decision has already expired, and Defendants have already filed a Motion to Dismiss, which Plaintiff has already been granted a generous extension of time to respond to. (Dkt. Nos. 56, 63). Therefore, Plaintiff must file a new lawsuit if he wishes to pursue a separate conditions of confinement claim. If Plaintiff wants counsel, he must file a motion providing reasons why he needs counsel. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 8/27/2018) (mml) Transmission to Docket Assistant Clerk for processing. (Entered: 08/28/2018)
2018-08-28Mailed a copy of 67 Memo Endorsement, to Raiquan K. Falls #17A0942 Attica C.F. 639 Exchange Street Attica, NY 14011-0149. (vba) (Entered: 08/28/2018)
2018-09-0468PLAINTIFF'S OPPOSITION(Response)ON DEFENDANTS' MOTION TO DISMISS; re: 56 MOTION to Dismiss . Document filed by Raiquan K. Falls. (sc) (Entered: 09/05/2018)
2018-09-2169DECLARATION of Kellie E. Lagitch in Support re: 56 MOTION to Dismiss .. Document filed by E. Campbell, Cardwell, Goodenough, Orange County, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 09/21/2018)
2018-09-2170CERTIFICATE OF SERVICE of Reply Declaration of Kellie E. Lagitch in Support of Motion to Dismiss served on Raiquan K. Falls on September 21, 2018. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Orange County, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 09/21/2018)
2018-10-1571PRO SE MEMORANDUM(letter) dated 10/11/18 re: CHANGE OF ADDRESS for Raiquan K. Falls, Raiquan K. Falls, Raiquan K. Falls. New Address: #17A0942, Elmira C.F., P.O. Box 500, Elmira, New York, 14902-0500. (sc) (Entered: 10/16/2018)
2018-12-2172LETTER from Raiquan Falls, dated 12/17/18 re: Plaintiff requests that the Court grant an extension of time, until the end of January, to reply to defendants' denial of his motion for leave to file his Proposed Amended Complaint(2nd); and he informs the Court that he is still being confined atDownstate Correctional Facility. Document filed by Raiquan K. Falls.(sc) (Entered: 12/26/2018)
2019-01-1473LETTER from R. Falls, dated 1/7/19 re: Plaintiff informs the Court that he was returned to Elmira Correctional Facility just before Christmas Day and was not able to notify the Court until 1/2/19. Document filed by Raiquan K. Falls.(sc) (Entered: 01/14/2019)
2019-03-1974OPINION AND ORDER: For the reasons stated above, Defendants' Motion To Dismiss is granted. Plaintiff's claims against Orange County are dismissed with prejudice. Plaintiff's due process claims based on the outcome of his July 2016 disciplinary hearings are dismissed without prejudice, with leave to replead "so that he may provide factual allegations describing the conditions of his [keeplock] confinement...that he claims would support a finding of atypical and significant hardship." Dawkins, 646 F. Supp. 2d at 607. If Plaintiff wishes to file a third amended complaint repleading his due process claims, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff should include within the third amended complaint any changes to correct the deficiencies identified in this Opinion that Plaintiff wishes the Court to consider. Plaintiff is advised that the third amended complaint will replace, not supplement, the earlier complaints. The third amended complaint must contain all of the claims against all Defendants. The Court will not consider factual allegations contained in supplemental letters, declarations, or memoranda. If Plaintiff fails to abide by the 30-day deadline, his due process claims may be dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion,(Dkt. No. 56), and mail a copy of this Opinion to Plaintiff at the address listed on the docket. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/18/2019) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 03/19/2019)
2019-03-20Mailed a copy of 74 Memorandum & Opinion, to Raiquan K. Falls #17A0942 Elmira C.F. P.O. Box 500 Elmira, NY 14902-0500. (vba) (Entered: 03/20/2019)
2019-04-0275LETTER from R. Falls, dated 3/27/19 re: (CHANGE OF ADDRESS IN RESPECT TO CASE NOS. 16cv8863, 17cv035, and 17cv1339)- Plaintiff gives his new address as follows: Orleans Correctional Facility, 3531 Gaines Basin Rd., Albion, New York 14411-9199. Document filed by Raiquan K. Falls.(sc) (Entered: 04/03/2019)
2019-04-1676(2nd) AMENDED COMPLAINT; re: amending 42 Amended Complaint against E. Campbell, Cardwell, Goodenough, Penney, A. Pullen with JURY DEMAND.Document filed by Raiquan K. Falls. Related document: 42 Amended Complaint.(sc) (Entered: 04/17/2019)
2019-04-2277LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Lisa M. Smith from Kellie E. Lagitch dated 04/22/2019. Document filed by E. Campbell, Cardwell, Goodenough, Orange County, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 04/22/2019)
2019-04-2278CERTIFICATE OF SERVICE of Letter served on Raiquan K. Falls on 04/22/2019. Service was made by mail. Document filed by E. Campbell, Cardwell, Correction Officer John Doe, Goodenough, Orange County, Penney. (Lagitch, Kellie) (Entered: 04/22/2019)
2019-04-2379LETTER from R. dated R. Falls, re: Plaintiff requests that the Court inform him as to whether it received his new Complaint, and the Third Amended Complaint in his 17-cv-0035 case. Document filed by Raiquan K. Falls.(sc) (Entered: 04/25/2019)
2019-04-2680MEMO ENDORSEMENT on re: 79 Letter filed by Raiquan K. Falls. ENDORSEMENT: The Clerk of the Court is respectfully directed to send a copy of the docket sheet to Plaintiff. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/26/2019) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 04/26/2019)
2019-04-26Mailed a copy of 80 Memo Endorsement and Docket Sheet to Raiquan K. Falls #17A0942 Orleans C.F. 3531 Gaines Basin Road Albion, NY 14411-9199. (nb) (Entered: 04/26/2019)
2019-04-2981LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Lisa M. Smith from Raiquan K. Falls dated 4/26/2019 re: 77 LETTER MOTION for Extension of Time to Complete Discovery. Document filed by Raiquan K. Falls. (jwh) (Entered: 04/29/2019)
2019-04-3082ORDER denying without prejudice 77 Letter Motion for Extension of Time to Complete Discovery; Defendants intend to ask permission from Judge Karas to file a second motion to dismiss, but have not yet done so. Defendants now seek a stay of discovery pending their effort to get such permission from Judge Karas. Counsel may not have focused on paragraph 15 of the applicable Scheduling Order (docket entry 22) which prohibits the undersigned from extending the discovery deadline unless the parties consent to my jurisdiction for all purposes including trial. Thus, any request for a stay of discovery must be made to Judge Karas. Plaintiff's opposition to this letter application similarly asks the undersigned to deny Defendants' application to file such a motion, but that application, and any opposition thereto, must be made to Judge Karas. (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Smith, Lisa) (Entered: 04/30/2019)
2019-04-3083LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Kellie E. Lagitch dated April 30, 2019. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 04/30/2019)
2019-04-3084CERTIFICATE OF SERVICE of Letter to Judge Karas dated April 30, 2019 served on Raiquan K. Falls on April 30, 2019. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 04/30/2019)
2019-04-30Mailed a copy of 82 Order on Motion for Extension of Time to Complete Discovery, to Raiquan K. Falls #17A0942 Orleans C.F. 3531 Gaines Basin Road Albion, NY 14411-9199. (vba) (Entered: 04/30/2019)
2019-05-1385ORDER terminating 83 Motion for Conference. Defense Motion to Dismiss is due 6/13/19. Plaintiff's response is due 7/13/19. Defense reply is due 7/31/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 5/13/2019) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 05/13/2019)
2019-05-13Mailed a copy of 85 Order on Motion for Conference, to Raiquan K. Falls #17A0942 Orleans C.F. 3531 Gaines Basin Road Albion, NY 14411-9199. (vba) (Entered: 05/13/2019)
2019-06-1386MOTION to Dismiss . Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 06/13/2019)
2019-06-1387DECLARATION of Kellie E. Lagitch in Support re: 86 MOTION to Dismiss .. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Attachments: # 1 Exhibit A)(Lagitch, Kellie) (Entered: 06/13/2019)
2019-06-1388MEMORANDUM OF LAW in Support re: 86 MOTION to Dismiss . . Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 06/13/2019)
2019-06-1389CERTIFICATE OF SERVICE of Notice of Motion, Declaration of Kellie E. Lagitch with attached exhibit, and Memorandum of Law served on Raiquan K. Falls on June 13, 2019. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 06/13/2019)
2019-07-0990LETTER from R. Falls, dated 7/3/19 re: Plaintiff informs the Court that he does not currently have his property bag containing his legal papers after his transfer to a new facility from the hospital; and he requests that the Court grant an extension to 8/31/19 to respond to the defendants' motion. Document filed by Raiquan K. Falls.(sc) (Entered: 07/10/2019)
2019-07-1191MEMO ENDORSEMENT on re: 90 Letter, filed by Raiquan K. Falls. ENDORSEMENT: The request is granted. Plaintiff's response to the Motion to Dismiss is due by August 3, 2019. (Responses due by 8/3/2019) (Signed by Judge Kenneth M. Karas on 7/11/2019) (cf) (Entered: 07/11/2019)
2019-07-1192LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Kenneth M. Karas from Kellie E. Lagitch dated July 11, 2019. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 07/11/2019)
2019-07-1193CERTIFICATE OF SERVICE of Letter to Judge Karas dated July 11, 2019 served on Raiquan K. Falls on July 11, 2019. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 07/11/2019)
2019-07-1194ORDER granting 92 Letter Motion for Extension of Time to File Response/Reply. Granted. SO ORDERED. Replies due by 8/23/2019. (Signed by Judge Kenneth M. Karas on 7/11/2019) (jca) (Entered: 07/11/2019)
2019-07-1195PLAINTIFF'S (Response)OPPOSITION IN REPLY TO DEFENDANTS' MOTION TO DISMISS, re: 86 MOTION to Dismiss . Document filed by Raiquan K. Falls. (sc) (Entered: 07/15/2019)
2019-08-0696PRO SE MEMORANDUM(Letter) dated 8/1/19 re: CHANGE OF ADDRESS for Raiquan K. Falls. New Address: #17A0942, Collins C.F., P.O. Box 340, Collins, New York, 14034-0340. (sc) (Entered: 08/07/2019)
2019-08-2397DECLARATION of Kellie E. Lagitch in Support re: 86 MOTION to Dismiss .. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 08/23/2019)
2019-08-2398CERTIFICATE OF SERVICE of Reply Declaration of Kellie E. Lagitch in Support of Motion to Dismiss served on Raiquan K. Falls on August 23, 2019. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 08/23/2019)
2019-11-2199OPINION AND ORDER: For the reasons stated herein, Defendants' Motion To Dismiss is denied. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No.86), and mail a copy of this Opinion to Plaintiff at the address listed on the docket. The Court will hold an initial conference to set a schedule for discovery on January 8, 2020 at 10:00 a.m. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/21/2019) (jca) Transmission to Docket Assistant Clerk for processing. (Entered: 11/21/2019)
2019-11-21Set/Reset Hearings: Initial Conference set for 1/8/2020 at 10:00 AM before Judge Kenneth M. Karas. (jca) (Entered: 11/21/2019)
2019-11-25Mailed a copy of 99 Memorandum & Opinion, to Raiquan K. Falls #17A0942 Collins C.F. P.O. Box 340 Collins, NY 14034-0340. (vba) (Entered: 11/25/2019)
2019-12-06100PRO SE MEMORANDUM(Letter), dated 12/2/19 re: CHANGE OF ADDRESS for Raiquan K. Falls, Raiquan K. Falls, Raiquan K. Falls. New Address: #17A0942, Lakeview Shock Incarc. Corr. Facility, P. O. Box T, Brocton, NY, 14716-0679. (sc) (Entered: 12/11/2019)
2020-01-08101CASE MANAGEMENT AND SCHEDULING ORDER: At the conference before the Court held on 1/8/20 this Case Management Plan and Scheduling Order was adopted in accordance with Rules 16-26(f) of the Federal Rules of Civil Procedure. No additional parties may be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court. Depositions to be completed by 5/15/20. All expert disclosures, including reports, production of underlying documents and depositions are to be completed by: Deposition due by 6/15/2020. Fact Discovery due by 5/15/2020. Case Management Conference set for 6/9/2020 at 10:00 AM before Judge Kenneth M. Karas. Motions: All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements. Summary Judgment or other dispositive motions are due at the close of discovery. Pursuant to the undersigned's Individual Practices, the parties shall request a pre-motion conference in writing at least two (2) weeks prior to this deadline. All counsel must meet for at least one hour to discuss settlement not later than two weeks following the close of fact discovery. Parties have conferred and their present best estimate of the length of trial is 1 week. The movant's pre-motion letter is due 5/26/20. The non-movant's response is due 6/2/20. (And as further set forth in this Order.) SO ORDERED. A copy of this Order is to be mailed to Plaintiff. (Signed by Judge Kenneth M. Karas on 1/8/2020) (jca) Modified on 1/16/2020 (jca). (Entered: 01/08/2020)
2020-01-08102SCHEDULING NOTICE: The matter of Falls v. Campbell, et al., 17-cv-35 (KMK) (LMS) has been scheduled for an in-person status conference before the Hon. Lisa Margaret Smith, United States Magistrate Judge, on Tuesday, January 28, 2020, at 3:00 PM, in Courtroom 520. Re: Incarcerated Prisoners Incarcerated petitioners/plaintiffs shall participate in the conference by telephone (in lieu of a writ appearance). It is the responsibility of counsel for respondent/defendant to make prior arrangements with the appropriate correctional facility to have the petitioner/plaintiff available via telephone, and respondent/defendant counsel should be prepared to place the phone call from the courtroom on the appearance date. If the petitioner/plaintiff is no longer incarcerated, respondent/defendant shall forward a copy of this notice to his/her last known address. SO ORDERED. Status Conference set for 1/28/2020 at 03:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 1/8/2020) Copies Mailed By Chambers. (jca) (Entered: 01/08/2020)
2020-01-08Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 1/8/2020. Pro se Plaintiff Raiquan Falls appeared by telephone on behalf of himself. Kellie Lagitch appeared on behalf of Defendants. Darby Ginsberg served as court reporter. The Court adopted a case management order. See Order. Defense counsel will file an Answer to Plaintiff's Third Amended Complaint by no later than January 15, 2020. (BKJ) (Entered: 01/08/2020)
2020-01-08Transmission to Docket Assistant Clerk. Transmitted re: 101 Case Management Plan to the Docket Assistant Clerk for case processing. (jca) (Entered: 01/16/2020)
2020-01-14103ANSWER to 76 Amended Complaint. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 01/14/2020)
2020-01-14104CERTIFICATE OF SERVICE of Answer to Third Amended Complaint served on Raiquan K. Falls on January 14, 2020. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 01/14/2020)
2020-01-16Mailed a copy of 101 Case Management Plan, to Raiquan K. Falls #17A0942 Lakeview Shock Incarceration C.F. P.O. Box T Brocton, NY 14716-0679. (vba) (Entered: 01/16/2020)
2020-01-28Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 1/28/2020. Raiquan K. Falls appearing by telephone as Pro Se Plaintiff. Kellie E. Lagitch appearing in person on behalf of Defendants. Deadline for initial requests for production of documents extended to 2/15/2020. Deadline for initial interrogatories extended to 2/15/2020. Responses to document demand and initial interrogatories due by 3/20/2020. Plaintiff may draft and send up to 30 written interrogatories for each of the 5 defendants by 4/3/2020; responses due 5/6/2020. Deadline for Request to Admit extended to 5/15/2020. Plaintiff must identify any and all experts, and/or treating physician(s), no later than 4/1/2020; Defendants must identify its expert(s) no later than 4/15/2020. When identifying experts, the parties must submit all of the information required in Rule 26, except for the expert report; a resume or CV is sufficient for identifying the treating physician. IME is to be produced by 5/15/2020. Expert reports, including the treating physician summary, are to be produced by 6/15/2020. Adjourned to March 26, 2020, at 11:00 AM, for an in-person status conference with Pro Se Plaintiff appearing by telephone. (Status Conference set for 3/26/2020 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith) (Court Reporter: Courtflow) (ESL) (Entered: 01/28/2020)
2020-01-28NOTICE of Mailing re: 25 Order. Chambers of the Hon. Lisa Margaret Smith sent a copy of the above-referenced Order and the docket sheet to Pro Se Plaintiff at address of record. (ESL) (Entered: 01/28/2020)
2020-02-05105PLAINTIFF'S INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS & INITIAL DISCLOSURE to Sgt. E. Campbell, C.O. Pullen, C.O. Goodenough, C.O. Cardwell, and Lt Penney.Document filed by Raiquan K. Falls.(sc) (Entered: 02/06/2020)
2020-02-10106LETTER from R. Falls, dated 2/3/20 re: There are three "HIPAA" Release forms enclosed(as indicated). One is in regard to N.Y.S. DOCCS Entire Medical Record including "Mental Health Information," because the recent form I sent to Kellie Lagitch did not include the "Mental Health Information" from the N.Y.S. DOCCS Facility. Therefore, I am resending another form with that indication by initiating the appropriate box. Document filed by Raiquan K. Falls. (Attachments: # 1 Envelope).(sc) (Entered: 02/12/2020)
2020-02-14107PLAINTIFF'S SECOND SET OF INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS & INITIAL DISCLOSURE. Document filed by Raiquan K. Falls.(sc) (Entered: 02/18/2020)
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