| Date Filed | Doc # | Docket Text |
|
| 2017-01-03 | 1 | REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Raiquan Ko Falls.(rdz) (Entered: 01/04/2017) |
| 2017-01-03 | 2 | COMPLAINT 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) |
| 2017-01-03 | | Case Designated ECF. (rdz) (Entered: 01/04/2017) |
| 2017-01-03 | 3 | PRISONER AUTHORIZATION. Document filed by Raiquan Ko Falls.(rdz) (Entered: 01/04/2017) |
| 2017-02-03 | 4 | ORDER 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) |
| 2017-02-03 | | Mailed 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) |
| 2017-02-13 | | NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 02/13/2017) |
| 2017-02-13 | | Magistrate Judge Lisa M. Smith is so designated. (wb) (Entered: 02/13/2017) |
| 2017-02-27 | 6 | ORDER 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) |
| 2017-02-27 | | FRCP 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) |
| 2017-02-28 | | SUMMONS ISSUED as to E. Campbell, Cardwell, Goodenough, A. Pullen. (nb) (Entered: 02/28/2017) |
| 2017-02-28 | | FRCP 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) |
| 2017-03-01 | 7 | PRO 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) |
| 2017-03-13 | 8 | ENDORSED 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) |
| 2017-03-13 | | Transmission to Docket Assistant Clerk. Transmitted re: 8 Endorsed Letter, to the Docket Assistant Clerk for case processing. (yv) (Entered: 03/13/2017) |
| 2017-03-13 | | Mailed a copy of 8 Endorsed Letter to Raiquan K. Falls, NYSID#2874274K, 121 Red Schoolhouse Rd., Fishkill, NY 12524. (rro) (Entered: 03/13/2017) |
| 2017-03-15 | 9 | PRO 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) |
| 2017-03-21 | 10 | LETTER 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) |
| 2017-03-21 | | Request 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) |
| 2017-03-27 | | Form Request Mailed: Request for Motion forms & Instructions, Discovery forms & Instructions from Raiquan Falls mailed on 3/27/2017. (sbr) (Entered: 03/27/2017) |
| 2017-03-28 | | Received 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) |
| 2017-03-28 | | Re-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) |
| 2017-03-28 | 11 | NOTICE OF APPEARANCE by Kellie Elizabeth Lagitch on behalf of E. Campbell, Cardwell, Goodenough, A. Pullen. (Lagitch, Kellie) (Entered: 03/28/2017) |
| 2017-04-05 | 12 | MARSHAL'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) |
| 2017-04-05 | 13 | MARSHAL'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) |
| 2017-04-05 | 14 | MARSHAL'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) |
| 2017-04-05 | 15 | MARSHAL'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) |
| 2017-04-19 | 16 | PRO 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) |
| 2017-05-05 | 17 | ANSWER to 2 Complaint. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen.(Lagitch, Kellie) (Entered: 05/05/2017) |
| 2017-05-05 | 18 | CERTIFICATE 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) |
| 2017-07-24 | 19 | CALENDAR 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) |
| 2017-07-28 | 20 | LETTER 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) |
| 2017-08-01 | 21 | MEMO 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) |
| 2017-09-19 | 22 | CASE 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) |
| 2017-09-19 | | Transmission to Docket Assistant Clerk. Transmitted re: 22 Case Management Plan to the Docket Assistant Clerk for case processing. (ap) (Entered: 09/19/2017) |
| 2017-09-19 | | Mailed 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) |
| 2017-09-19 | 23 | ORDER: 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) |
| 2017-09-19 | | Transmission to Docket Assistant Clerk. Transmitted re: 23 Scheduling Order to the Docket Assistant Clerk for case processing. (ap) (Entered: 09/19/2017) |
| 2017-09-19 | | Mailed 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) |
| 2017-09-19 | | Minute 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) |
| 2017-09-19 | 24 | ORDER 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) |
| 2017-09-20 | 25 | ORDER: 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) |
| 2017-09-20 | 26 | SCHEDULING 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) |
| 2017-09-20 | 27 | MOTION for an Order Completing Discovery. Document filed by Raiquan K. Falls.(rdz) (Entered: 09/22/2017) |
| 2017-09-29 | 28 | LETTER 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) |
| 2017-09-29 | 29 | CERTIFICATE 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) |
| 2017-10-25 | | Minute 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) |
| 2017-11-08 | 30 | MOTION FOR LEAVE TO AMEND. Document filed by Raiquan K. Falls.(vn) (Entered: 11/09/2017) |
| 2017-11-14 | 31 | LETTER 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) |
| 2017-12-01 | 32 | DECLARATION 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) |
| 2017-12-01 | 33 | MEMORANDUM 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) |
| 2017-12-01 | 34 | CERTIFICATE 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) |
| 2017-12-05 | 35 | RE-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) |
| 2017-12-18 | 36 | RE-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) |
| 2017-12-22 | 37 | DECISION 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) |
| 2018-01-12 | | Minute 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) |
| 2018-01-17 | 38 | (Response)OBJECTION MOTION TO COMPEL. Document filed by Raiquan K. Falls. (sc) (Entered: 01/17/2018) |
| 2018-01-19 | 39 | DECLARATION 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) |
| 2018-01-19 | 40 | CERTIFICATE 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) |
| 2018-01-22 | 41 | ORDER 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) |
| 2018-02-08 | 42 | SECOND 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) |
| 2018-02-08 | | REQUEST 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) |
| 2018-02-16 | 43 | LETTER 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) |
| 2018-02-16 | 44 | CERTIFICATE 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) |
| 2018-02-20 | 45 | ORDER: 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) |
| 2018-02-20 | | Set/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) |
| 2018-02-20 | 46 | ORDER 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) |
| 2018-02-20 | | SUMMONS ISSUED as to Lt. Penney. (nb) (Entered: 02/20/2018) |
| 2018-02-20 | | FRCP 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) |
| 2018-03-19 | | Minute 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) |
| 2018-04-03 | 47 | NOTICE OF APPEARANCE by Kellie Elizabeth Lagitch on behalf of E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Lagitch, Kellie) (Entered: 04/03/2018) |
| 2018-04-03 | 48 | CERTIFICATE 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) |
| 2018-04-03 | 49 | LETTER 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) |
| 2018-04-03 | 50 | CERTIFICATE 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) |
| 2018-04-05 | 54 | MARSHAL'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) |
| 2018-04-06 | 51 | ORDER 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) |
| 2018-04-06 | | Set/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) |
| 2018-04-06 | | Transmission 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) |
| 2018-04-06 | | Mailed 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) |
| 2018-04-06 | 52 | LETTER 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) |
| 2018-04-06 | 53 | CERTIFICATE 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) |
| 2018-04-16 | 55 | ORDER 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) |
| 2018-04-16 | | Mailed 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) |
| 2018-05-14 | 56 | MOTION to Dismiss . Document filed by E. Campbell, Cardwell, Goodenough, Orange County, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 05/14/2018) |
| 2018-05-14 | 57 | DECLARATION 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) |
| 2018-05-14 | 58 | MEMORANDUM 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) |
| 2018-05-14 | 59 | CERTIFICATE 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) |
| 2018-06-25 | 60 | DECLARATION 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) |
| 2018-06-25 | 61 | CERTIFICATE 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) |
| 2018-07-17 | 62 | LETTER 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) |
| 2018-07-19 | 63 | MEMO 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) |
| 2018-07-19 | | Transmission to Docket Assistant Clerk. Transmitted re: 63 Memo Endorsement, Set Deadlines, to the Docket Assistant Clerk for case processing. (yv) (Entered: 07/19/2018) |
| 2018-07-20 | | Mailed 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) |
| 2018-08-24 | 64 | LETTER 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) |
| 2018-08-27 | 65 | LETTER 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) |
| 2018-08-27 | 66 | CERTIFICATE 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) |
| 2018-08-27 | 67 | MEMO 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) |
| 2018-08-28 | | Mailed 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) |
| 2018-09-04 | 68 | PLAINTIFF'S OPPOSITION(Response)ON DEFENDANTS' MOTION TO DISMISS; re: 56 MOTION to Dismiss . Document filed by Raiquan K. Falls. (sc) (Entered: 09/05/2018) |
| 2018-09-21 | 69 | DECLARATION 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) |
| 2018-09-21 | 70 | CERTIFICATE 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) |
| 2018-10-15 | 71 | PRO 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) |
| 2018-12-21 | 72 | LETTER 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) |
| 2019-01-14 | 73 | LETTER 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) |
| 2019-03-19 | 74 | OPINION 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) |
| 2019-03-20 | | Mailed 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) |
| 2019-04-02 | 75 | LETTER 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) |
| 2019-04-16 | 76 | (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) |
| 2019-04-22 | 77 | LETTER 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) |
| 2019-04-22 | 78 | CERTIFICATE 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) |
| 2019-04-23 | 79 | LETTER 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) |
| 2019-04-26 | 80 | MEMO 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) |
| 2019-04-26 | | Mailed 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) |
| 2019-04-29 | 81 | LETTER 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) |
| 2019-04-30 | 82 | ORDER 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) |
| 2019-04-30 | 83 | LETTER 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) |
| 2019-04-30 | 84 | CERTIFICATE 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) |
| 2019-04-30 | | Mailed 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) |
| 2019-05-13 | 85 | ORDER 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) |
| 2019-05-13 | | Mailed 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) |
| 2019-06-13 | 86 | MOTION to Dismiss . Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 06/13/2019) |
| 2019-06-13 | 87 | DECLARATION 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) |
| 2019-06-13 | 88 | MEMORANDUM 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) |
| 2019-06-13 | 89 | CERTIFICATE 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) |
| 2019-07-09 | 90 | LETTER 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) |
| 2019-07-11 | 91 | MEMO 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) |
| 2019-07-11 | 92 | LETTER 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) |
| 2019-07-11 | 93 | CERTIFICATE 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) |
| 2019-07-11 | 94 | ORDER 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) |
| 2019-07-11 | 95 | PLAINTIFF'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) |
| 2019-08-06 | 96 | PRO 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) |
| 2019-08-23 | 97 | DECLARATION 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) |
| 2019-08-23 | 98 | CERTIFICATE 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) |
| 2019-11-21 | 99 | OPINION 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) |
| 2019-11-21 | | Set/Reset Hearings: Initial Conference set for 1/8/2020 at 10:00 AM before Judge Kenneth M. Karas. (jca) (Entered: 11/21/2019) |
| 2019-11-25 | | Mailed 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) |
| 2019-12-06 | 100 | PRO 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) |
| 2020-01-08 | 101 | CASE 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) |
| 2020-01-08 | 102 | SCHEDULING 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) |
| 2020-01-08 | | Minute 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) |
| 2020-01-08 | | Transmission to Docket Assistant Clerk. Transmitted re: 101 Case Management Plan to the Docket Assistant Clerk for case processing. (jca) (Entered: 01/16/2020) |
| 2020-01-14 | 103 | ANSWER to 76 Amended Complaint. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 01/14/2020) |
| 2020-01-14 | 104 | CERTIFICATE 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) |
| 2020-01-16 | | Mailed 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) |
| 2020-01-28 | | Minute 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) |
| 2020-01-28 | | NOTICE 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) |
| 2020-02-05 | 105 | PLAINTIFF'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) |
| 2020-02-10 | 106 | LETTER 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) |
| 2020-02-14 | 107 | PLAINTIFF'S SECOND SET OF INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS & INITIAL DISCLOSURE. Document filed by Raiquan K. Falls.(sc) (Entered: 02/18/2020) |
| 2020-03-11 | 108 | RE-SCHEDULING NOTICE: Due to directives provided by the Chief Judge of the United States District Court for the Southern District New York to limit in-person court appearances due to the risk presented by COVID-19, the matter of Falls v. Campbell, et al, 17-cv-35 (KMK) (LMS) has been rescheduled from an in-person status conference with Pro Se Plaintiff appearing by telephone on Thursday, March 26, 2020, at 11:00 AM before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to a telephonic status conference with both parties appearing by telephone on Thursday, March 26, 2020, at 11:00 AM. Plaintiff's counsel is to have Defendant's counsel on the line when contacting Chambers. ( Telephone Conference set for 3/26/2020 at 11:00 AM before Magistrate Judge Lisa Margaret Smith.) (Signed by Magistrate Judge Lisa Margaret Smith on 3/11/2020) Copies Mailed by Chambers. (mro) (Entered: 03/11/2020) |
| 2020-03-19 | 109 | LETTER addressed to Judge Kenneth M. Karas from Kellie E. Lagitch dated 3/19/2020 re: Discovery. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 03/19/2020) |
| 2020-03-19 | 110 | CERTIFICATE OF SERVICE of Letter served on Raiquan K. Falls on 3/19/2020. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 03/19/2020) |
| 2020-03-19 | | ***DELETED DOCUMENT. Deleted document number 111 Response to Interrog. The document was incorrectly filed in this case. (sc) (Entered: 03/20/2020) |
| 2020-03-19 | 111 | RESPONSE(Reply) TO DEFENDANTS' FIRST SET OF INTERROGATORIES.Document filed by Raiquan K. Falls.(sc) (Entered: 03/20/2020) |
| 2020-03-19 | 112 | RESPONSE(Reply) TO DEFENDANTS' FIRST DEMAND FOR DOCUMENTS from Sgt. E. Campbell, C. O. A. Pullen, C.O. Goodenough, C.O. Cardwell, and Lt. Penney.Document filed by Raiquan K. Falls.(sc) (Entered: 03/20/2020) |
| 2020-03-22 | 113 | MEMO ENDORSEMENT on re: 109 Letter Discovery filed by Cardwell, A. Pullen, Goodenough, Penney, E. Campbell. ENDORSEMENT: Discovery is moved 30 days for now. The 6/9/20 conference is moved to 7/9/2020, at 10:30. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. So Ordered., ( Case Management Conference set for 7/9/2020 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 3/23/20) (yv) Transmission to Docket Assistant Clerk for processing. (Entered: 03/23/2020) |
| 2020-03-25 | | NOTICE of AT&T Teleconference Information re: 108 Order. The upcoming teleconference in this matter is now organized by Chambers of the Hon. Lisa Margaret Smith. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1831; (2) Enter the Access Code: 2751700#; (3) Press pound (#) to enter the teleconference as a guest; (4) Enter the Security Code: 0035#. Please note that if you arrive to the teleconference before Chambers, you must wait on hold between Steps 3 and 4. Once Chambers enters the teleconference, you will then be prompted to enter the Security Code. Should you experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4130. (ESL) (Entered: 03/25/2020) |
| 2020-03-26 | | Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 3/26/2020. Raiquan K. Falls appearing by telephone as Pro Se Plaintiff. Kellie E. Lagitch appearing by telephone on behalf of Defendants. Pro Se Plaintiff's deadline to serve interrogatories is extended to 5/4/2020; Defendants' response deadline extended to 6/5/2020. Adjourned to May 1, 2020, at 11:30 AM, for a telephonic status conference. (Status Conference set for 5/1/2020 at 11:30 AM before Magistrate Judge Lisa Margaret Smith) (Court Reporter AT&T Teleconference System) (ESL) (Entered: 03/26/2020) |
| 2020-03-26 | | NOTICE of Mailing. Chambers of the Hon. Lisa Margaret Smith sent a copy of the docket sheet to Pro Se Plaintiff at address of record via mail. (ESL) (Entered: 03/26/2020) |
| 2020-04-07 | 114 | NOTICE of Notice, Consent and Reference of a Civil Action to a Magistrate Judge. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen..(Lagitch, Kellie) (Entered: 04/07/2020) |
| 2020-04-07 | 115 | CERTIFICATE OF SERVICE of Notice, Consent and Reference of Civil Action to a Magistrate Judge served on Raiquan K. Falls on 4/7/2020. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, A. Pullen..(Lagitch, Kellie) (Entered: 04/07/2020) |
| 2020-04-13 | 116 | LETTERS addressed to Magistrate Judge Lisa M. Smith from Raiquan K. Falls dated 3/30/2020 re: plaintiff consents to all proceedings taking place before the Magistrate Judge/Updating Judge on the status of discovery. Document filed by Raiquan K. Falls. (jwh) (Entered: 04/13/2020) |
| 2020-04-17 | 117 | RESPONSE to Discovery Request from Kellie E. Lagitch.Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 04/17/2020) |
| 2020-04-21 | 118 | LETTER addressed to Magistrate Judge Lisa M. Smith from Kellie E. Lagitch dated April 17, 2020 re: Discovery. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 04/21/2020) |
| 2020-04-21 | 119 | CERTIFICATE OF SERVICE of Letter to the Hon. Lisa M. Smith dated April 17, 2020 served on Raiquan K. Falls on April 17, 2020. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 04/21/2020) |
| 2020-04-23 | | NOTICE of AT&T Teleconference Information. The upcoming teleconference in this matter is now hosted by Chambers. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1831; (2) Enter the Access Code: 2751700#; (3) Press pound (#) to enter the teleconference as a guest; (4) Enter the Security Code: 0035#. Please note that if you arrive to the teleconference before Chambers, you must wait on hold between Steps 3 and 4. Once Chambers enters the teleconference, you will then be prompted to enter the Security Code. Should legal counsel experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4130. Members of the press and public may call the same number, but will not be permitted to speak during the conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Please note: counsel seeking to reschedule an appearance must have all parties on the line prior to contacting Chambers. (ESL) (Entered: 04/24/2020) |
| 2020-04-23 | | NOTICE of Mailing. Copy of the docket sheet sent by Chambers of the Hon. Lisa Margaret Smith to Pro Se Plaintiff via mail. (ESL) (Entered: 04/24/2020) |
| 2020-04-30 | 120 | CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE: IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Kenneth M. Karas on 4/30/2020) (jca) (Entered: 04/30/2020) |
| 2020-05-01 | 121 | LETTER addressed to Magistrate Judge Lisa M. Smith from Kellie E. Lagitch dated May 1, 2020 re: Death of Defendant. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/01/2020) |
| 2020-05-01 | 122 | CERTIFICATE OF SERVICE of Letter to the Hon. Lisa M. Smith dated May 1, 2020 served on Raiquan K. Falls on May 1, 2020. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/01/2020) |
| 2020-05-01 | | Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 5/1/2020. Raiquan K. Falls appearing by telephone as Pro Se Plaintiff. Kellie E. Lagitch appearing by telephone on behalf of Defendants. Discovery issues resolved on the record; see transcript. Defendants to submit documents responsive to Discovery Demand No. 4 to the Court for in camera review by 6/1/2020. Defendants to send a copy of affidavit to Pro Se Plaintiff. Pro Se Plaintiff may submit up to 30 interrogatories directed to each of the individual defendants by 5/4/2020. Defendants to submit documents responsive to Discovery Demands Nos. 7-8 to the Court for in camera review by 6/15/2020. For the 5 year period prior to the incident in this case, Defendants to respond to Discovery Demand No. 9 for each individual defendant. Parties granted a 60-day extension on all discovery deadlines. Adjourned to June 12, 2020, at 11:00 AM, for a telephonic status conference. All persons participating the the next status conference may do so by accessing the AT&T Teleconference Information previously published to the docket sheet. (Status Conference set for 6/12/2020 at 11:00 AM before Magistrate Judge Lisa Margaret Smith) (Court Reporter: AT&T Teleconference System) (ESL) (Entered: 05/04/2020) |
| 2020-05-04 | | NOTICE of Mailing. Chambers of the Hon. Lisa Margaret Smith mailed a copy of the docket sheet via mail to Pro Se Plaintiff at address of record. (ESL) (Entered: 05/05/2020) |
| 2020-05-14 | 123 | PLAINTIFF'S SET OF INTERROGATORIES PURSUANT TO FED. R. CIV. P. RULE 33.Document filed by Raiquan K. Falls.(va) (Entered: 05/14/2020) |
| 2020-06-12 | | Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 6/12/2020. Raiquan K. Falls appearing by telephone as Pro Se Plaintiff. Kellie E. Lagitch appearing by telephone on behalf of Defendants. Discovery issues resolved on the record; see transcript. Adjourned to July 8, 2020, at 10:45 AM for a telephonic status conference. All persons participating in the next conference may do so by using the AT&T Teleconference Information previously published to the docket sheet. Chambers of the Hon. Lisa Margaret Smith will send a copy of the docket sheet via mail to Pro Se Plaintiff at address of record. (Status Conference set for 7/8/2020 at 10:45 AM before Magistrate Judge Lisa Margaret Smith) (Court Reporter: AT&T Teleconference System) (ESL) (Entered: 06/12/2020) |
| 2020-06-30 | 124 | LETTER from R. Falls dated 6/22/20 re: "CHANGE OF ADDRESS & LOSS OF ALL LEGAL DOCUMENTS" - Plaintiff's new address is Wende Correcional Facility, P.O. Box 1187, Alden, New York 14004-1187. Document filed by Raiquan K. Falls.(sc) (Entered: 06/30/2020) |
| 2020-07-08 | | Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 7/8/2020. Raiquan K. Falls appearing by telephone as Pro Se Plaintiff. Kellie E. Lagitch appearing by telephone on behalf of Defendants. Pro Se Plaintiff withdrew request for modification of interrogatory responses. Defendants to provide Pro Se Plaintiff a copy of the redacted document, and an updated response to interrogatories regarding Defendant Campbell within 2 weeks. Adjourned to August 6, 2020, at 10:00 AM for a telephonic status conference. All persons participating in the next conference may do so by using the AT&T Teleconference Information previously published to the docket sheet. Chambers of the Hon. Lisa Margaret Smith will send a copy of the docket sheet via mail to Pro Se Plaintiff at address of record. (Status Conference set for 8/6/2020 at 10:00 AM before Magistrate Judge Lisa Margaret Smith) (Court Reporter: AT&T Teleconference System) (ESL) (Entered: 07/08/2020) |
| 2020-08-06 | | Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 8/6/2020. Raiquan K. Falls appearing by telephone as Pro Se Plaintiff. Kellie E. Lagitch appearing by telephone on behalf of Defendants. Discovery issues resolved on the record; see transcript. Documents not provided during discovery won't be allowed to be used in motion practice or at trial. Defendants to send a redacted copy of the regulations to Pro Se Plaintiff via mail; Pro Se Plaintiff is ordered to keep these regulations confidential and not to share them with anyone except an attorney or to use at trial. Request to admit for both parties extended to 9/14/2020. The deadline for Pro Se Plaintiff's deposition, and Pro Se Plaintiff's IME, is extended to 12/4/2020. Adjourned to September 23, 2020, at 10:00 AM for a telephonic status conference. All persons participating in the next conference may do so by using the AT&T Teleconference Information previously published to the docket sheet. Chambers of the Hon. Lisa Margaret Smith will send a copy of the docket sheet via mail to Pro Se Plaintiff at address of record. (Status Conference set for 9/23/2020 at 10:00 AM before Magistrate Judge Lisa Margaret Smith) (Court Reporter: AT&T Teleconference System) (ESL) (Entered: 08/10/2020) |
| 2020-08-11 | 125 | LETTER addressed to Magistrate Judge Lisa M. Smith from R. Falls, dated 8/6/20 re: SUBSTITUTION OF ESTATE & DEFENDANT FOR DECEASED PARTY IN FALLS V. CAMPBELL ET AL.. Document filed by Raiquan K. Falls.(sc) (Entered: 08/12/2020) |
| 2020-08-21 | 126 | ORDER: Accordingly, Plaintiff's motion for substitution is denied without prejudice to renewal or re-filing following service of the motion on Mrs. Penney and the filing of proof of such service with the Court. Because Plaintiff is incarcerated and is proceeding in forma pauperis, Defendants' counsel must provide the Court with Mrs. Penney's current address so that the Court may order the U.S. Marshals Service to effect service on Plaintiff's behalf. In the alternative, if Mrs. Penney agrees to being represented by Defendants' counsel, and Defendants' counsel so informs Plaintiff and the Court, then Defendants' counsel can accept service on behalf of Mrs. Penney, in which case Plaintiff shall serve the motion on Defendants' counsel by mailing her a copy and file proof of such service with the Court. SO ORDERED. A copy of this order is being mailed to the Pro Se Plaintiff by Chambers. (Signed by Magistrate Judge Lisa Margaret Smith on 8/21/2020) (kv) (Entered: 08/21/2020) |
| 2020-08-31 | 127 | LETTER addressed to Magistrate Judge Lisa M. Smith from Kellie E. Lagitch dated August 31, 2020 re: County Attorney's office will represent Kathleen Penney. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 08/31/2020) |
| 2020-08-31 | 128 | CERTIFICATE OF SERVICE of Letter to Judge Smith dated August 31, 2020 served on Raiquan K. Falls on August 31, 2020. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 08/31/2020) |
| 2020-08-31 | 129 | MEMO ENDORSEMENT on re: 127 Letter, filed by Cardwell, A. Pullen, Goodenough, Penney, E. Campbell. ENDORSEMENT: IT IS HEREBY ORDERED THAT PLAINTIFF SHALL PREPARE A MOTION TO SUBSTITUTE KATHLEEN PENNEY, AS EXECUTOR OF THE ESTATE OF LT. PENNEY, IN PLACE OF LT. PENNEY. PLAINTIFF SHALL SERVE THE MOTION ON MS. LAGITCH, THEN FILE THE MOTION WITH THE COURT ALONG WITH A CERTIFICATE OF SERVICE. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 8/31/2020) (kv) (Entered: 08/31/2020) |
| 2020-08-31 | | NOTICE of Mailing re: 129 Memo Endorsement. Chambers sent a copy of the aforementioned order via mail to Pro Se Plaintiff at address of record. (ESL) (Entered: 08/31/2020) |
| 2020-09-23 | | Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 9/23/2020. Raiquan K. Falls appearing by telephone as Pro Se Plaintiff. Kellie E. Lagitch appearing by telephone on behalf of Defendants. Defendants to send videos to the correctional facility and the correctional facility is ordered to hold the videos and provide them to Plaintiff upon his release. Plaintiff is granted until 10/15/2020 to serve requests to admit. Plaintiff is to provide the Court with his updated contact information upon his release. Adjourned without date. Chambers of the Hon. Lisa Margaret Smith will send a copy of the docket sheet via mail to Pro Se Plaintiff at address of record. (Court Reporter AT&T Teleconference System) (MDE) (Entered: 09/25/2020) |
| 2020-10-15 | | NOTICE OF CASE REASSIGNMENT to Magistrate Judge Andrew E. Krause. Magistrate Judge Lisa Margaret Smith is no longer assigned to the case..(wb) (Entered: 10/15/2020) |
| 2020-11-18 | 130 | LETTER addressed to Magistrate Judge Andrew E. Krause from Kellie E. Lagitch dated November 18, 2020 re: Plaintiff's failure to appear. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 11/18/2020) |
| 2020-11-18 | 131 | CERTIFICATE OF SERVICE of Letter to Hon. Andrew E. Krause dated November 18, 2020 served on Raiquan K. Falls on November 18, 2020. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 11/18/2020) |
| 2020-12-01 | 132 | ORDER: This case was reassigned to the undersigned on October 15, 2020, following the retirement of Judge Lisa Margaret Smith on September 30, 2020. During the final status conference held by Judge Smith on September 23, 2020, because the Court was informed that Plaintiff was due to be released from prison on October 15, 2020, the Court directed Plaintiff to provide the Court with his updated contact information upon his release. See Docket Sheet, Minute Entry for 09/23/2020. It was the Courts understanding at that time that Defendants counsel planned to depose Plaintiff, as well as have Plaintiff undergo an independent medical examination (IME) following his release, and therefore it was essential that Plaintiff keep both the Court and Defendants counsel informed of his new contact information. Nonetheless, it is clear from the docket that Plaintiff has failed to provide updated contact information to the Court, and Defendants counsel has informed the Court that she also does not have current contact information for Plaintiff. See ECF No. 130 (letter from Defendants counsel, attached hereto). Defendants counsel has also informed that Court that Plaintiff also did not appear for either his deposition, which had been scheduled for November 5, 2020, or his IME, which had been scheduled for November 17, 2020; Plaintiff had previously received notice of these dates, and confirmed that he had received such notice during the September 23, 2020 telephone conference. See ECF No. 130. The Court has undertaken efforts to identify Plaintiffs new address. By no later than December 22, 2020, Plaintiff must: (1) contact Defendants counsel by telephone at 845-291- 3150 to reschedule his deposition and IME; and (2) provide both Defendants counsel and the Court with his updated contact information. The deadline for Plaintiffs deposition and IME is hereby extended by 60 days, from December 4, 2020, to February 2, 2021. Defendants counsel is directed to submit a letter via ECF on or before December 23, 2020 to advise the Court as to whether Plaintiff has contacted her and the dates for the rescheduled deposition and IME. Once again, the Court instructs Plaintiff that it is his responsibility to keep the Court informed of his latest contact information and that any failure to do so might result in the Court dismissing his case for failure to prosecute. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff at 11 Liberty Street, Newburgh, New York 12550. If this is, in fact, the proper address for Plaintiff, Plaintiff must take the necessary steps to update his address on file with the Court. (Deposition due by 2/2/2021.) (Signed by Magistrate Judge Andrew E. Krause on 12/1/2020) (nb) Transmission to Docket Assistant Clerk for processing. (Entered: 12/01/2020) |
| 2020-12-01 | | Mailed a copy of 132 Order, Set Deadlines, to Raiquan K. Falls at 11 Liberty Street, Newburgh, New York 12550. (dsh) (Entered: 12/01/2020) |
| 2020-12-23 | 133 | LETTER addressed to Magistrate Judge Andrew E. Krause from Kellie E. Lagitch dated December 23, 2020 re: Plaintiff's failure to contact. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 12/23/2020) |
| 2020-12-23 | 134 | CERTIFICATE OF SERVICE of Letter to Hon. Andrew E. Krause dated December 23, 2020 served on Raiquan K. Falls on December 23, 2020. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 12/23/2020) |
| 2021-01-04 | 135 | MEMO ENDORSEMENT re: 133 Letter filed by Cardwell, A. Pullen, Goodenough, Penney, E. Campbell. ENDORSEMENT: After receiving the December 23, 2020 letter from counsel for Defendants (ECF No. 133), Chambers staff was able to contact Plaintiff by telephone and was able to provide copies of the recent docket entries, which Plaintiff had not received. Plaintiff has been directed to contact Ms. Lagitch NO LATER THAN January 8, 2021 to discuss completion of the outstanding discovery items. Plaintiff also has been reminded again that he must update his contact information. Plaintiff is again instructed that failure to comply with these directions might result in the Court dismissing his case for failure to prosecute. Counsel for Defendants is directed to submit a letter regarding the status of the deposition and IME on or before January 22, 2021. The Court will e-mail a copy of this order to the pro se Plaintiff. (Signed by Magistrate Judge Andrew E. Krause on 1/4/2021) (nb) (Entered: 01/05/2021) |
| 2021-01-22 | 136 | LETTER addressed to Magistrate Judge Andrew E. Krause from Kellie E. Lagitch dated January 22, 2021 re: Status of case. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 01/22/2021) |
| 2021-01-22 | 137 | CERTIFICATE OF SERVICE of Letter to Hon. Andrew E. Krause dated January 22, 2021 served on Raiquan K. Falls on January 22, 2021. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 01/22/2021) |
| 2021-01-25 | 138 | MEMO ENDORSEMENT re: 136 Letter filed by Cardwell, A. Pullen, Goodenough, Penney, E. Campbell. ENDORSEMENT: The application for an extension of time to complete the IME and deposition of Plaintiff is GRANTED. The IME and deposition must now be completed no later than March 1, 2021. To the extent he has not done so already, Plaintiff must contact Ms. Lagitch no later than February 3, 2021 to notify her of the date of the IME and to provide her with dates when he would be available to appear for deposition. Plaintiff is also reminded again to update his address with the Court as soon as he has an address where he intends to reside even temporarily. The patties are directed to submit a status letter to the Court within one week of the completion of Plaintiffs deposition (i.e., no later than March 8, 2021, but earlier if the deposition is completed before then) to advise as to the proposed next steps in this matter. Counsel for Defendants is directed to notify the pro se Plaintiff of this order by telephone and e-mail, and submit proof of such notification on the docket. Chambers staff also will transmit a copy of this order via e-mail to the pro se Plaintiff., (Deposition due by 3/1/2021.) (Signed by Magistrate Judge Andrew E. Krause on 1/25/2021) (nb) (Entered: 01/25/2021) |
| 2021-01-25 | 139 | LETTER addressed to Magistrate Judge Andrew E. Krause from Kellie E. Lagitch dated January 25, 2021 re: Spoke to Plaintiff regarding new discovery deadlines. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 01/25/2021) |
| 2021-01-25 | 140 | CERTIFICATE OF SERVICE of Letter to Hon. Andrew E. Krause dated January 25, 2021 served on Raiquan K. Falls on January 25, 2021. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 01/25/2021) |
| 2021-03-08 | 141 | LETTER addressed to Magistrate Judge Andrew E. Krause from Kellie E. Lagitch dated March 8, 2021 re: Status of case. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 03/08/2021) |
| 2021-03-08 | 142 | CERTIFICATE OF SERVICE of Letter to Hon. Andrew E. Krause dated March 8, 2021 served on Raiquan K. Falls on March 8, 2021. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 03/08/2021) |
| 2021-03-15 | 143 | MEMO ENDORSEMENT re: 141 Letter filed by Cardwell, A. Pullen, Goodenough, Penney, E. Campbell. ENDORSEMENT: The Court has not received any further communications from the pro se plaintiff or counsel for defendants since receiving this letter on March 8, 2021. Accordingly, the briefing schedule proposed by defendants is hereby ADOPTED: defendants' motion for summary judgment is due on or before May 7, 2021; plaintiff's opposition to the summary judgment motion is due on or before June 11, 2021; and defendants' reply is due on or before July 2, 2021. Despite numerous warnings and requests, plaintiff still has not provided an updated address to the court. If plaintiff does not yet have a permanent address, plaintiff is directed to officially provide an email address to the Court -- to be included on the docket -- where plaintiff can receive copies of order and other information from the Court. Since counsel for defendants appears to have a means of contacting plaintiff by email and regular mail, counsel for defendants is directed to serve a copy of this order to plaintiff by email and regular mail, and to file proof of such service on the docket. Plaintiff is warned, however, that the Court will not continue to require counsel for defendants to serve court documents; if Plaintiff does not update his mailing address and/or his email address, he may not receive copies of future orders or communications from the Court., (Motions due by 5/7/2021., Responses due by 6/11/2021, Replies due by 7/2/2021.) (Signed by Magistrate Judge Andrew E. Krause on 3/15/2021) (nb) (Entered: 03/15/2021) |
| 2021-03-15 | 144 | ORDER: Accordingly, the Court orders as follows: (1) Defendants' counsel must serve and file a statement noting death in accordance with Rule 25, i.e., by serving it on the parties as provided in Rule 5 and on nonparties as provided in Rule 4, by March 19, 2021; and (2) if Plaintiff still wants to proceed with his claims against the Estate of Lieutenant Penney, Plaintiff must, within 90 days of being served with the statement noting death, serve on Ms. Lagitch a motion to substitute Kathleen Penney, as Executor of the Estate of Lieutenant Penney, in place of Lieutenant Penney, and then file the motion with the Court along with a certificate of service. Plaintiff is cautioned that [i]f the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed. Fed. R. Civ. P. 25(a)(1) (emphasis added). Defendants' counsel is directed to serve a copy of this Order upon Plaintiff by email and regular mail and to file proof of service on the docket., (Service due by 3/19/2021.) (Signed by Magistrate Judge Andrew E. Krause on 3/15/2021) (nb) (Entered: 03/15/2021) |
| 2021-03-16 | 145 | CERTIFICATE OF SERVICE of Memo Endorsement dated March 15, 2021 and Order dated March 15, 2021 served on Raiquan K. Falls on March 16, 2021. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 03/16/2021) |
| 2021-03-17 | 146 | SUGGESTION OF DEATH upon the record as to Lt. Penney on April 11, 2020 . Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen.(Lagitch, Kellie) (Entered: 03/17/2021) |
| 2021-03-17 | 147 | CERTIFICATE OF SERVICE of Suggestion of Death for Defendant Lt. Penney served on Raiquan K. Falls on March 17, 2021. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 03/17/2021) |
| 2021-05-03 | 148 | LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Andrew E. Krause from Kellie E. Lagitch dated May 3, 2021. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/03/2021) |
| 2021-05-03 | 149 | CERTIFICATE OF SERVICE of Letter to Judge Krause dated May 3, 2021 served on Raiquan K. Falls on May 3, 2021. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/03/2021) |
| 2021-05-03 | 150 | ORDER granting 148 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. Defendants may file a brief of up to 30 pages in support of their motion for summary judgment. Plaintiff may file a brief of up to 30 pages in opposition to the Defendants' motion. The Clerk of the Court is directed to mail a copy of this order to the pro se Plaintiff. (Signed by Magistrate Judge Andrew E. Krause on 5/3/2021) (rro) Transmission to Docket Assistant Clerk for processing. (Entered: 05/03/2021) |
| 2021-05-03 | | Mailed a copy of 150 Order on Motion for Leave to File Excess Pages, to Raiquan K. Falls, #17A0942 at Wende C.F., P.O. Box 1187, Wende Rd., Alden, NY 14004-1187. (dsh) (Entered: 05/03/2021) |
| 2021-05-07 | 151 | MOTION for Summary Judgment . Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. Responses due by 6/11/2021.(Lagitch, Kellie) (Entered: 05/07/2021) |
| 2021-05-07 | 152 | DECLARATION of Kellie E. Lagitch in Support re: 151 MOTION for Summary Judgment .. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F Part I, # 7 Exhibit F Part II, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC).(Lagitch, Kellie) (Entered: 05/07/2021) |
| 2021-05-07 | 153 | AFFIDAVIT of Officer Kevin Banse in Support re: 151 MOTION for Summary Judgment .. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/07/2021) |
| 2021-05-07 | 154 | AFFIDAVIT of Lt. Keith Kiszka in Support re: 151 MOTION for Summary Judgment .. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/07/2021) |
| 2021-05-07 | 155 | AFFIDAVIT of Lt. Earl Campbell in Support re: 151 MOTION for Summary Judgment .. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/07/2021) |
| 2021-05-07 | 156 | AFFIDAVIT of Jessica F. Berkowitz, M.D. in Support re: 151 MOTION for Summary Judgment .. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/07/2021) |
| 2021-05-07 | 157 | MEMORANDUM OF LAW in Support re: 151 MOTION for Summary Judgment . . Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/07/2021) |
| 2021-05-07 | 158 | RULE 56.1 STATEMENT. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/07/2021) |
| 2021-05-07 | 159 | NOTICE of Notice to Pro Se Litigant Opposing Summary Judgment re: 151 MOTION for Summary Judgment .. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/07/2021) |
| 2021-05-07 | 160 | CERTIFICATE OF SERVICE of Notice of Motion for Summary Judgment, Declaration of Kellie E. Lagitch with attached exhibits, three (3) CDs containing eight (8) videos and twelve (12) photos, Affidavits of Lt. Keith Kiszka, Lt. Earl Campbell, Officer Kevin Banse, and Jessica F. Berkowitz, M.D., Rule 56.1 Statement, Local Rule 56.2 Notice to Pro Se Litigant Opposing Summary Judgment, and Memorandum of Law served on Raiquan K. Falls on May 7, 2021. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 05/07/2021) |
| 2021-05-20 | | Received returned mail re: 150 Order on Motion for Leave to File Excess Pages. Mail was addressed to Raiquan K. Falls, #17-A-0942, Wende C.F., P.O. Box 1187, Wende Rd., Alden, NY 14004-1187 and was returned for the following reason(s): Return To Sender. (vn) (Entered: 05/20/2021) |
| 2021-06-30 | 161 | NOTICE of Amended Local Civil Rule 56.2 Notice to Pro Se Litigant Opposing Summary Judgment re: 151 MOTION for Summary Judgment .. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 06/30/2021) |
| 2021-06-30 | 162 | CERTIFICATE OF SERVICE of Amended Local Civil Rule 56.2 Notice to Pro Se Litigant Opposing Summary Judgment served on Raiquan K. Falls on June 30, 2021. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 06/30/2021) |
| 2021-07-02 | 163 | DECLARATION of Kellie E. Lagitch in Support re: 151 MOTION for Summary Judgment .. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 07/02/2021) |
| 2021-07-02 | 164 | CERTIFICATE OF SERVICE of Reply Declaration of Kellie E. Lagitch in Support of Motion for Summary Judgment served on Raiquan K. Falls on July 2, 2021. Service was made by Mail. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 07/02/2021) |
| 2021-07-06 | 165 | ORDER: At this point, the motion is fully submitted, and the Court will deem Defendants' motion for summary judgment unopposed, unless Plaintiff either serves and files his opposition papers, or seeks an extension of time in which to do so, by no later than July 20, 2021. Despite numerous reminders, Plaintiff has still failed to provide the Court with his updated contact information. Plaintiff is directed once again that he must do so and that any failure to do so might result in the Court dismissing his case for failure to prosecute. Defendants' counsel is directed to serve a copy of this Order upon Plaintiff by email and regular mail and to file proof of service on the docket. (Responses due by 7/20/2021) (Signed by Magistrate Judge Andrew E. Krause on 7/6/2021) (rro) (Entered: 07/06/2021) |
| 2021-07-07 | 166 | CERTIFICATE OF SERVICE of Order dated July 6, 2021 served on Raiquan K. Falls on July 7, 2021. Service was made by Mail and Email. Document filed by E. Campbell, Cardwell, Goodenough, Penney, A. Pullen..(Lagitch, Kellie) (Entered: 07/07/2021) |
| 2022-03-14 | 167 | LETTER from R. Falls, dated 3/11/22 re: "CHANGE OF ADDRESS" - I have been re-incarcerated at the Orange County Jail, 110 Wells Farm Rd., Goshen, NY 10924 on 2/19/22. Document filed by Raiquan K. Falls.(sc) (Entered: 03/15/2022) |
| 2022-03-30 | 168 | DECISION AND ORDER granting 151 Motion for Summary Judgment. For the foregoing reasons, Defendants' motion for summary judgment (ECF No. 151) is GRANTED, and the case is dismissed. The Clerk of Court is respectfully directed to enter judgment in favor of Defendants and close the case. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 3/30/2022) Copies Mailed By Chambers. (tg) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/30/2022) |
| 2022-03-30 | 169 | CLERK'S JUDGMENT re: 168 Order on Motion for Summary Judgment in favor of Cardwell, Goodenough, Penney, A. Pullen, E. Campbell against Raiquan K. Falls. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated March 30, 2022, Defendants' motion for summary judgment is GRANTED, and the case is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/30/2022) (Attachments: # 1 Right to Appeal) (km) (Entered: 03/30/2022) |
| 2022-03-30 | | Mailed a copy of 169 Clerk's Judgment and Appeals forms to Raiquan K. Falls #2022-00265 Orange County Jail 110 Wells Farm Rd. Goshen, NY 10924.(km) (Entered: 03/30/2022) |
 Hide Docket Events |
|
