JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Johnson, D.)
63
Filed: 12/8/2017, Entered: 12/8/2017
ORDER OF DISMISSAL. The parties have filed a stipulation of dismissal. The Clerk's office is directed to administratively close the case.Signed by Judge Michael P. Shea on 12/8/2017. (Mac Dougall, S.)
ORDER. For the reasons stated in the attached order, the 41 Motion for Summary Judgment is GRANTED in part and DENIED in part. Signed by Judge Michael P. Shea on 8/30/2017. (Mac Dougall, S.)
ENTERED IN ERROR MOTION to Compel the Defendants to Respond to Interrogatories and Video Production by 5C86F43.Responses due by 7/5/2017. (Bozek, M.) Modified on 6/20/2017 to mark as entered in error. Docketed on wrong case (Bozek, M.).
ORDER. The 54 Motion for Reconsideration is DENIED for the reasons stated in the prior ruling as the plaintiff still does not indicated that he has sufficient funds to pay for a deposition. The 54 Motion to Attach exhibit 13 to the opposition to the Defendants' Motion for Summary Judgment is GRANTED. Signed by Judge Michael P. Shea on 5/9/2017. (Connelly, L.)
RESPONSE re 54 MOTION for Reconsideration re 52 Order on Motion for Extension of Time to File Response/Reply to Motion,, Order on Motion for Miscellaneous Relief, MOTION to attach exhibit 13 to opposition to summary judgement re 50 Memorandum in Opposition to Motion, filed by Aldi, Champion, Conger, Doughtery, Griffin, Martin, Murphy, Quiros, Richardson, Santiago, Semple, Shabenas. (Wilson, Edward)
MOTION for Reconsideration re 52 Order, MOTION to attach exhibit 13 to opposition to 50 Memorandum in Opposition to Motion, by 5C86F43. Responses due by 4/24/2017. (Attachments: # 1 Exhibit 13) (Bozek, M.)
The plaintiff's motions [ECF Nos. 37, 43, 46] are DENIED. The defendants' motion to seal [ECF No. 42] is GRANTED. Signed by Judge Michael P. Shea on 3/16/2017. (Connelly, L.)
ORDER. The plaintiff's motion for extension of time [ECF No. 44] to respond to defendants' motion for summary judgment is DENIED as moot, as he filed opposition papers on March 7, 2017, and his motion to take depositions [ECF No. 44] is DENIED. Signed by Judge Michael P. Shea on 3/16/2017. (Connelly, L.)
RESPONSE re 44 MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Summary Judgment MOTION to consider depositions filed by Aldi, Champion, Conger, Doughtery, Griffin, Martin, Murphy, Quiros, Richardson, Santiago, Semple, Shabenas. (Wilson, Edward)
MOTION to Impose Additional Sanctions, MOTION to reject or deny additional attachments to 41 MOTION for Summary Judgment, by 5C86F43. Responses due by 3/8/2017. (Shafer, J.)
MOTION for Extension of Time to Respond to 41 MOTION for Summary Judgment, MOTION to consider depositions, by 5C86F43. Responses due by 3/3/2017. (Shafer, J.)
MOTION for Sanctions and Objection to 40 Response to 37 Motion to Compel by 5C86F43. Responses due by 3/1/2017. (Attachments: # 1 Supplement) (Shafer, J.)
MOTION to Seal Exhibits 8, 12, 13, 14, 15, and 16 to the Defendants' Motion for Summary Judgment by Aldi, Champion, Conger, Doughtery, Griffin, Martin, Murphy, Quiros, Richardson, Santiago, Semple, Shabenas. (Attachments: # 1 Memorandum in Support)(Wilson, Edward)
MOTION for Summary Judgment by Aldi, Champion, Conger, Doughtery, Griffin, Martin, Murphy, Quiros, Richardson, Santiago, Semple, Shabenas.Responses due by 2/24/2017 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Pro Se Notice)(Wilson, Edward)
Set Deadlines: Dispositive Motions due by 2/3/2017 (Johnson, D.)
39
Filed: 1/26/2017, Entered: 1/26/2017
ORDER. The 38 Motion for Extension of Time is GRANTED. Further extensions of time will not be granted. Signed by Judge Michael P. Shea on 1/26/2017. (Connelly, L.)
MOTION for Extension of Time until February 3, 2017 to file its dispositive motion by Aldi, Champion, Conger, Doughtery, Griffin, Martin, Murphy, Quiros, Richardson, Santiago, Semple, Shabenas. (Wilson, Edward)
MOTION to Compel the Defendants to Respond to L.T. Brue Richardson's First Set of Interrogatories and to Allow Plaintiff to Review / View Requested DVD Footage by 5C86F43. Responses due by 1/31/2017. (Sundie, T)
Set Deadlines: Dispositive Motions due by 1/25/2017 (Johnson, D.)
35
Filed: 1/6/2017, Entered: 1/6/2017
ORDER. The 34 Motion for Extension of Time is GRANTED. Further extensions of time are unlikely to be granted. Signed by Judge Michael P. Shea on 1/6/2017. (Connelly, L.)
MOTION for Extension of Time until January 25, 2017 to file its dispositive motion by Aldi, Champion, Conger, Doughtery, Griffin, Martin, Murphy, Quiros, Richardson, Santiago, Semple, Shabenas. (Wilson, Edward)
First MOTION for Extension of Time until January 5, 2017 to File it's Dispositive Motion by Aldi, Champion, Conger, Doughtery, Griffin, Martin, Murphy, Quiros, Richardson, Santiago, Semple, Shabenas. (Wilson, Edward)
ORDER. The Plaintiff's Motion for Temporary Restraining Order 21 is DENIED. The Court has reviewed the Plaintiff's Motion for Status Conference and/or Motion to Compel 22 , the Defendant's response 24 , and the Plaintiff's Motion to Compel Defendants to Perform Taped and Oral Depositions 28 , which the Court construes as a motion to take the deposition of a particular doctor. The Court orders as follows: Counsel for Defendants shall, within 14 days of this order, initiate a telephone or in-person conference with the Plaintiff to discuss the status of the Defendant's responses to the Plaintiff's written discovery requests, the status of any discovery requests propounded by the Defendants to the Plaintiff, and the Plaintiff's desire to depose a particular witness as set forth in ECF No. 28. Within 7 days after the conference is held, Defense Counsel shall file a report showing the status of discovery and, specifically, (1) identifying the discovery requests received from the Plaintiff to which Defendants have already provided responses and the date those responses were provided, (2) identifying any discovery requests received from Plaintiff to which Defendants have not yet provided responses and, in each case, explaining why no response has yet been provided (assuming the 30 days from receipt has expired), (3) identifying any discovery requests Defendants propounded to Plaintiff, the dates of such requests, and whether or not Plaintiff has provided responses, and (4) indicating whether or not there is any objection to Plaintiff's motion to take the deposition of the doctor identified in Plaintiff's motion (No. 28). Within 7 days after the Defendant makes the filing described in the previous sentence, the Plaintiff shall file a response, in which he shall note any disagreement with the Defendant's filing and the basis of such disagreement, and in which he shall explain why -- if he has not yet responded to any discovery responses received by him more than 30 days ago - he has failed to respond to any discovery requests. Plaintiff's response shall also set forth a brief factual description of why the deposition of the doctor would help his claims in this lawsuit. After the Court has reviewed these filings, it will decide whether to order particular relief, including the possibility of trying to find pro bono counsel for the limited purpose of conducting the deposition of the doctor requested by the plaintiff. In the meantime, the motion for status conference and/or motion to compel 22 and the motion to compel defendants to perform taped and oral depositions 28 are DENIED without prejudice.Signed by Judge Michael P. Shea on 10/19/2016. (Connelly, L.)
ORDER. The Plaintiff has filed a motion 23 to waive filing fees, indicating that the parties "came to an agreement financially to settle the (Iweka) and (Hall) civil suits" and requesting a waiver of filing fees for recent and prior cases filed by the plaintiff pro se. Unfortunately, the Court is not able to accommodate this request and must DENY the motion 23 . Under the Prison Litigation Reform Act (PLRA), a prisoner proceeding in forma pauperis is "required to pay the full amount of a filing fee," 28 U.S.C. ยง 1915(b), "regardless of the outcome of the action." Gasaway v. Perdue, No. 9:11-CV-01272 LEK, 2012 WL 1952644, at *2 (N.D.N.Y. May 30, 2012). Signed by Judge Michael P. Shea on 10/5/2016. (Connelly, L.)
Reply and OBJECTION re 25 Objection to 21 Motion for Temporary Restraining Order filed by 5C86F43. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Shafer, J.)
ORDER. The 18 Motion for Extension of Time is DENIED. Defendants have not made a "particularized showing that the time limitation in question cannot reasonably be met despite the diligence of the party seeking the extension" pursuant to L. Civ. R. 7. Furthermore, Defendant filed this motion having already missed the deadline for responding by seven days. Signed by Judge Michael P. Shea on 8/5/2016. (Connelly, L.)
First MOTION for Extension of Time until August 19, 2016 to Respond to Plaintiff's First Set of Interrogatories by Aldi, Champion, Conger, Doughtery, Griffin, Martin, Murphy, Quiros, Richardson, Santiago, Semple, Shabenas. (Wilson, Edward)
ORDER. Plaintiffs motion to compel and sanction 15 is DENIED. Defendants motion for extension of time nunc pro tunc 14 is GRANTED.Signed by Judge Michael P. Shea on 7/13/2016. (Connelly, L.)
First MOTION for Extension of Time until July 1, 2016, Nunc Pro Tunc, to Plead by Aldi, Champion, Conger, Doughtery, Griffin, Martin, Murphy, Quiros, Richardson, Santiago, Semple, Shabenas. (Wilson, Edward)
NOTICE of Appearance by Edward Wilson, Jr on behalf of Aldi, Champion, Conger, Doughtery, Griffin, Martin, Murphy, Quiros, Richardson, Santiago, Semple, Shabenas in their Individual Capacity (Wilson, Edward)
WAIVER OF SERVICE Returned Executed as to Champion waiver sent on 4/6/2016, answer due 6/5/2016; Quiros waiver sent on 4/6/2016, answer due 6/5/2016. (Shafer, J.)
WAIVER OF SERVICE Returned Executed as to Murphy waiver sent on 4/6/2016, answer due 6/5/2016; Richardson waiver sent on 4/6/2016, answer due 6/5/2016; Semple waiver sent on 4/6/2016, answer due 6/5/2016. (Shafer, J.)
WAIVER OF SERVICE Returned Executed as to Doughtery waiver sent on 4/6/2016, answer due 6/5/2016; Santiago waiver sent on 4/6/2016, answer due 6/5/2016. (Shafer, J.)
WAIVER OF SERVICE Returned Executed as to Conger waiver sent on 4/6/2016, answer due 6/5/2016; Griffin waiver sent on 4/6/2016, answer due 6/5/2016; Martin waiver sent on 4/6/2016, answer due 6/5/2016; Shabenas waiver sent on 4/6/2016, answer due 6/5/2016. (Shafer, J.)
REQUEST FOR WAIVER of Service sent to Semple, Quiros, Murphy, Santiago, Martin, Shabenas, Doughtery, Griffin, Champion, Conger, Richardson, and Aldi on 4/06/2016. Waiver of Service due by 5/11/2016. (Shafer, J.)
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. If you change your address at any time during the litigation of this case, Local Rule 83.1(c)2 provides that you must notify the court. Failure to do so can result in the dismissal of your case. Signed by Judge William I. Garfinkel on 3/16/2016. (Payton, R.)
PRISCS - ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 3/14/2016.(Fazekas, J.) Modified on 3/15/2016 to add prefix (Fazekas, J.).
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