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 160 |
Filed: 1/13/2017, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/21/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/13/2017)
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| 159 |
Filed: 1/13/2017, Entered: None |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 12/21/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/3/2017. Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction set for 4/13/2017.(McGuirk, Kelly) (Entered: 01/13/2017)
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| 158 |
Filed: 1/9/2017, Entered: None |
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MEMO ENDORSEMENT on re: 155 WRIT OF HABEAS CORPUS AD TESTIFICANDUM Issued as to Michael Kirkpatrick for January 5, 2017. ENDORSEMENT: This Writ is vacated as the trial has been cancelled. So ordered. (Signed by Judge Lorna G. Schofield on 1/9/2017) (rjm) (Entered: 01/12/2017)
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| 157 |
Filed: 1/11/2017, Entered: None |
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STIPULATION AND ORDER OF VOLUNTARY DISMISSAL AND WITHDRAWAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), by and between counsel for the parties herein, that any and all of the claims thatwere asserted or could have been asserted on behalf of the plaintiff James Howard A/K/A Arnold Moye, against defendants Jason Diaz and Moses Reyes, including their successors or assigns; and any and all past and present officials, employees, representatives, and agents of the City of New York or any entity represented by the Office of the Corporation Counsel, arising out of the events alleged in the Complaint in this matter, James Howard v. Officer Jason Diaz, et al., 13-CV-2746 (LGS), are hereby dismissed and withdrawn, with prejudice, and without costs, expenses or attorneys' fees to either party. (Signed by Judge Lorna G. Schofield on 1/11/2017) (kgo) (Entered: 01/11/2017)
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| 156 |
Filed: 1/11/2017, Entered: None |
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STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Jason Diaz, Moses Reyes and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by James Howard.(Stewart, Elizabeth) (Entered: 01/11/2017)
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| 155 |
Filed: 1/3/2017, Entered: None |
Unknown Document Type |
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Vacated as per Judge's Order dated 1/9/2017, Doc. #158 WRIT OF HABEAS CORPUS AD TESTIFICANDUM Issued as to Michael Kirkpatrick for January 5, 2017. (Signed by Judge Lorna G. Schofield on 1/3/2017) (kgo) Modified on 1/12/2017 (rjm). (Entered: 01/10/2017)
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| 154 |
Filed: 1/9/2017, Entered: None |
Unknown Document Type |
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ORDER: The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences are CANCELED. (Signed by Judge Lorna G. Schofield on 1/9/2017) (kgo) (Entered: 01/09/2017)
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| 153 |
Filed: 1/6/2017, Entered: None |
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ORDER: It is hereby, ORDERED that Defendants will be permitted additional time to present a witnesses or witnesses to authenticate photos of the knife; it is further ORDERED that Defendants may use the still photographs submitted as Exhibit B to their letter as demonstrative aids, including in their opening statement, but the still photographs will not be admitted into evidence. (Signed by Judge Lorna G. Schofield on 01/06/2017) (jcs) (Entered: 01/06/2017)
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| 152 |
Filed: 1/6/2017, Entered: None |
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LETTER addressed to Judge Lorna G. Schofield from Suzanna Publicker Mettham dated Jan. 6, 2017 re: Trial Exhibit Disputes. Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mettham, Suzanna) (Entered: 01/06/2017)
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| 151 |
Filed: 1/6/2017, Entered: None |
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LETTER addressed to Judge Lorna G. Schofield from Elizabeth J. Stewart dated January 6, 2017 re: Plaintiff's Response to Defendants' Proposed Jury Instructions (Related to Dkt. No. 147). Document filed by James Howard.(Stewart, Elizabeth) (Entered: 01/06/2017)
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| 150 |
Filed: 1/4/2017, Entered: None |
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LETTER addressed to Judge Lorna G. Schofield from Elizabeth J. Stewart dated January 4, 2017 re: response to defendants' letter brief dated December 30, 2016. Document filed by James Howard. (Attachments: # 1 Proposed Special Interrogatories)(Stewart, Elizabeth) (Entered: 01/04/2017)
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| 149 |
Filed: 1/4/2017, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/21/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/04/2017)
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| 148 |
Filed: 1/4/2017, Entered: None |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 12/21/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/25/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/4/2017.(McGuirk, Kelly) (Entered: 01/04/2017)
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| 147 |
Filed: 1/4/2017, Entered: None |
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PROPOSED JURY INSTRUCTIONS. Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Exhibit A)(Mettham, Suzanna) (Entered: 01/04/2017)
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| 146 |
Filed: 1/4/2017, Entered: None |
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ORDER: It is hereby ORDERED that, pursuant to Rules 401, 402 and 403, Fed. R. Evid., Plaintiff may introduce the photographs identified at Dkt. No. 142-1 into evidence after laying a foundation as to when the photographs were taken and in what context -- i.e., how long after his arrest and while in custody for that arrest. Defendants, who do not dispute the authenticity of the photographs, shall not inquire further about the circumstances in which the photographs were taken, shall not refer to the photographs as "mugshots," and shall not refer to any of the charges made against Plaintiff or any of the remainder of the text and other material marked in red boxes that will be redacted. Defendants may inquire about when the photographs were taken for purposes of testing their probative value. The proposed disputed redactions in red boxes are not accepted under Rule 403. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 1/4/2017) (kgo) (Entered: 01/04/2017)
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| 145 |
Filed: 1/3/2017, Entered: None |
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NOTICE OF APPEARANCE by Rachel Amy Seligman on behalf of Jason Diaz, Moses Reyes. (Seligman, Rachel) (Entered: 01/03/2017)
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| 144 |
Filed: 1/3/2017, Entered: None |
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MEMO ENDORSEMENT on re: 143 Letter filed by Moses Reyes, Jason Diaz. ENDORSEMENT: Application GRANTED. Dr. Peters shall be available to testify at 4:00 P.M. on Wednesday, January 11, 2017. (Signed by Judge Lorna G. Schofield on 1/3/2017) (kgo) (Entered: 01/03/2017)
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| 143 |
Filed: 1/3/2017, Entered: None |
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LETTER addressed to Judge Lorna G. Schofield from Suzanna Publicker Mettham dated Jan. 3, 2017 re: Timing of Dr. Peters's Trial Testimony. Document filed by Jason Diaz, Moses Reyes.(Mettham, Suzanna) (Entered: 01/03/2017)
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| 142 |
Filed: 12/30/2016, Entered: None |
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JOINT LETTER addressed to Judge Lorna G. Schofield from Daniel H. Oliner dated December 30, 2016 re: Disputed Proposed Redactions to Exhibits. Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Oliner, Daniel) (Entered: 12/30/2016)
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| 141 |
Filed: 12/30/2016, Entered: None |
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LETTER addressed to Judge Lorna G. Schofield from Suzanna Publicker Mettham dated Dec. 30, 2016 re: Qualified Immunity and Proposed Special Interrogatories. Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Text of Proposed Order Proposed Special Interrogatories)(Mettham, Suzanna) (Entered: 12/30/2016)
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| 140 |
Filed: 12/23/2016, Entered: None |
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LETTER addressed to Judge Lorna G. Schofield from Elizabeth J. Stewart dated December 23, 2016 re: Writ of Habeus Corpus ad testificandum (related to docket # 137). Document filed by James Howard. (Attachments: # 1 Text of Proposed Order)(Stewart, Elizabeth) (Entered: 12/23/2016)
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| 139 |
Filed: 12/22/2016, Entered: None |
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ORDER granting in part and denying in part 101 Motion in Limine; granting in part and denying in part 104 Motion in Limine; granting in part and denying in part 106 Motion in Limine; granting in part and denying in part 108 Motion in Limine. Plaintiff's motion to preclude reference to his prior arrests and criminal convictionsis GRANTED. Plaintiff's motion to preclude reference to other lawsuits Plaintiff has filed isGRANTED. Plaintiff's motion to preclude evidence of his substance abuse treatment isGRANTED in part and DENIED in part, and as further set forth herein. It is further ORDERED that, by December 30, 2016, Defendants shall submit a letter brief (1) addressing the applicability of a qualified immunity defense, assuming facts as Plaintiff has alleged, and (2) proposing special interrogatories regarding this defense. Plaintiff shall submit a responsive letter by January 4, 2017. (Signed by Judge Lorna G. Schofield on 12/22/2016) (kgo) (Entered: 12/22/2016)
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| 138 |
Filed: 12/22/2016, Entered: None |
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ORDER: It is hereby ORDERED that the trial in this matter, previously scheduled to begin January 9, 2017, at 10:00 A.M., shall be rescheduled for January 10, 2017, at 10:00 A.M. It is further ORDERED that Defendants' medical witnesses shall be available to testify on January 11, 2017, at 2:00 P.M. Jury Trial set for 1/10/2017 at 10:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/22/2016) (kgo) (Entered: 12/22/2016)
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| 137 |
Filed: 12/20/2016, Entered: None |
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LETTER addressed to Judge Lorna G. Schofield from Elizabeth J. Stewart dated December 20, 2016 re: Writ of Habeus Corpus ad testificandum. Document filed by James Howard. (Attachments: # 1 Text of Proposed Order)(Stewart, Elizabeth) (Entered: 12/20/2016)
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| 136 |
Filed: 12/7/2016, Entered: None |
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JOINT PRELIMINARY TRIAL REPORT. Document filed by Jason Diaz, Moses Reyes.(Mettham, Suzanna) (Entered: 12/07/2016)
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| 135 |
Filed: 10/19/2016, Entered: None |
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ORDER: It is hereby ORDERED that in accordance with the Order dated September 14, 2016, the start date for the jury trial shall be Monday, January 9, 2017, at 10:00 a.m., with a final pretrial conference to be held on December 21, 2016, at 11:00 a.m., and any amended proposed joint pretrial order to be filed by December 7, 2016. The Court of Clerk is respectfully directed to modify the Court's calendar accordingly. Final Pretrial Conference set for 12/21/2016 at 11:00 AM before Judge Lorna G. Schofield. Proposed Pretrial Order due by 12/7/2016. Jury Trial set for 1/9/2017 at 10:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/19/2016) (kgo) (Entered: 10/19/2016)
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| 134 |
Filed: 10/13/2016, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/14/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/13/2016)
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| 133 |
Filed: 10/13/2016, Entered: None |
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TRANSCRIPT of Proceedings re: conference held on 9/14/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/14/2017.(McGuirk, Kelly) (Entered: 10/13/2016)
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| 132 |
Filed: 10/5/2016, Entered: None |
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LETTER addressed to Judge Lorna G. Schofield from Suzanna Publicker Mettham dated Oct. 5, 2016 re: Court's Order of Sept. 14, 2016 - Non-Party Witnesses. Document filed by Jason Diaz, Moses Reyes.(Mettham, Suzanna) (Entered: 10/05/2016)
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| 131 |
Filed: 9/16/2016, Entered: None |
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DECLARATION of Daniel H. Oliner in Opposition re: 106 SECOND MOTION in Limine - Prior Proceedings.. Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Exhibit A)(Oliner, Daniel) (Entered: 09/16/2016)
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| 130 |
Filed: 9/16/2016, Entered: None |
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SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 106 SECOND MOTION in Limine - Prior Proceedings. . Document filed by Jason Diaz, Moses Reyes. (Oliner, Daniel) (Entered: 09/16/2016)
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| 129 |
Filed: 9/14/2016, Entered: None |
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ORDER granting in part and denying in part 128 Letter Motion for Discovery. WHEREAS, by order issued on September 9, 2016, the jury trial and final pretrial conference were adjourned sine die; WHEREAS, by letter filed on September 13, 2016, Plaintiff asked to reopen discovery for the limited purpose of deposing two potential trial witnesses, Robert Korody and Owen Peters, whom Defendants identified in the proposed joint pretrial order; WHEREAS, on September 14, 2016, a conference was held. For the reasons stated at the conference, it is hereby ORDERED that Plaintiff's application to reopen discovery is GRANTED in part and DENIED in part as follows: Defendants shall file a letter by October 5, 2016, apprising the Court as to whether any trial testimony of Korody and Peters will be strictly limited to what is stated in their respective medical records produced in discovery. As to each witness, if the answer is yes, Defendants shall be bound by their representation at trial, but Plaintiff may not depose that witness. As to either witness, if the answer is no, then Plaintiff shall be permitted to depose that witness for no longer than two hours, and such deposition shall take place by November 1, 2016. It is further ORDERED that the previously adjourned jury trial shall commence on one of two dates, which are contingent on the Court's availability in November 2016. The first conditional start date for trial is Tuesday, November 15, 2016, at 10:00 a.m., with a final pretrial conference to be held on November 2, 2016, at 10:30 a.m., and any amended proposed joint pretrial order to be filed by October 19, 2016. The second conditional start date for the jury trial is Monday, January 9, 2017, at 10:00 a.m., with a final pretrial conference to be held on December 21, 2016, at 11:00 a.m., and any amended proposed joint pretrial order to be filed by December 7, 2016. The parties may contact Chambers for updates on the likelihood of a November trial. The Clerk of Court is directed to close the motion at Docket No. 128. (Signed by Judge Lorna G. Schofield on 9/14/2016) (mro) (Entered: 09/15/2016)
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| 128 |
Filed: 9/13/2016, Entered: None |
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LETTER MOTION for Discovery In Opp. to P's Letter Motion at Dkt. No. 126 addressed to Judge Lorna G. Schofield from Suzanna Publicker Mettham dated Sept. 13, 2016. Document filed by Jason Diaz, Moses Reyes. Return Date set for 9/14/2016 at 11:00 AM. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Mettham, Suzanna) (Entered: 09/13/2016)
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| 127 |
Filed: 9/13/2016, Entered: None |
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LETTER addressed to Judge Lorna G. Schofield from Elizabeth J. Stewart dated September 13, 2016 re: Seeking Court's Assistance in Resolving Deposition Issues (Related to Court Docket # 126). Document filed by James Howard.(Stewart, Elizabeth) (Entered: 09/13/2016)
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| 126 |
Filed: 9/13/2016, Entered: None |
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LETTER addressed to Judge Lorna G. Schofield from Elizabeth J. Stewart dated September 13, 2016 re: Seeking Court's Assistance in Resolving Deposition Issues. Document filed by James Howard.(Stewart, Elizabeth) (Entered: 09/13/2016)
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| 125 |
Filed: 9/9/2016, Entered: None |
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SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 106 SECOND MOTION in Limine - Prior Proceedings. . Document filed by James Howard. (Stewart, Elizabeth) (Entered: 09/09/2016)
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| 124 |
Filed: 9/9/2016, Entered: None |
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MEMO ENDORSEMENT on re: 123 Letter filed by Moses Reyes, Jason Diaz. ENDORSEMENT: APPLICATION GRANTED. The trial and final pretrial conference are adjourned sine die. A conference will be held on September 14, 2016, at 11:00 a.m. to discuss rescheduling. ( Status Conference set for 9/14/2016 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/9/2016) (kgo) (Entered: 09/09/2016)
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| 123 |
Filed: 9/9/2016, Entered: None |
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CONSENT LETTER addressed to Judge Lorna G. Schofield from Daniel H. Oliner dated September 9, 2016 re: Motion to Adjourn Trial. Document filed by Jason Diaz, Moses Reyes.(Oliner, Daniel) (Entered: 09/09/2016)
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| 122 |
Filed: 9/7/2016, Entered: None |
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NOTICE OF APPEARANCE by Hanchu Chen on behalf of James Howard. (Chen, Hanchu) (Entered: 09/07/2016)
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| 121 |
Filed: 9/6/2016, Entered: None |
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JOINT PRELIMINARY TRIAL REPORT. Document filed by Jason Diaz, Moses Reyes.(Oliner, Daniel) (Entered: 09/06/2016)
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| 120 |
Filed: 8/30/2016, Entered: None |
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NOTICE OF APPEARANCE by Suzanna Publicker Mettham on behalf of Jason Diaz, Moses Reyes. (Mettham, Suzanna) (Entered: 08/30/2016)
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| 119 |
Filed: 8/23/2016, Entered: None |
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MEMORANDUM OF LAW in Support re: 117 Proposed Jury Instructions . Document filed by James Howard. (Stewart, Elizabeth) (Entered: 08/23/2016)
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| 118 |
Filed: 8/23/2016, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #119) - MEMORANDUM OF LAW in Support re: 117 Proposed Jury Instructions . Document filed by James Howard. (Stewart, Elizabeth) Modified on 8/24/2016 (ldi). (Entered: 08/23/2016)
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| 117 |
Filed: 8/23/2016, Entered: None |
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PROPOSED JURY INSTRUCTIONS. Document filed by James Howard. (Attachments: # 1 Joint Proposed Verdict Sheet)(Stewart, Elizabeth) (Entered: 08/23/2016)
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| 116 |
Filed: 8/23/2016, Entered: None |
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PROPOSED VOIR DIRE QUESTIONS. Document filed by James Howard.(Stewart, Elizabeth) (Entered: 08/23/2016)
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| 115 |
Filed: 8/23/2016, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 101 FIRST MOTION in Limine . / Plaintiff's Opposition to Defendants' Third, Fourth, Fifth, Sixth, and Seventh Motions In Limine. Document filed by James Howard. (Stewart, Elizabeth) (Entered: 08/23/2016)
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| 114 |
Filed: 8/23/2016, Entered: None |
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RESPONSE in Opposition to Motion re: 101 FIRST MOTION in Limine . / Plaintiff's Responses to Defendants' First and Fourth Motions In Limine. Document filed by James Howard. (Stewart, Elizabeth) (Entered: 08/23/2016)
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| 113 |
Filed: 8/23/2016, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 104 FIRST MOTION in Limine - Prior Convictions., 108 THIRD MOTION in Limine - Medical Records., 106 SECOND MOTION in Limine - Prior Proceedings. . Document filed by Jason Diaz, Moses Reyes. (Oliner, Daniel) (Entered: 08/23/2016)
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| 112 |
Filed: 8/23/2016, Entered: None |
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DECLARATION of Daniel H. Oliner in Opposition re: 104 FIRST MOTION in Limine - Prior Convictions., 106 SECOND MOTION in Limine - Prior Proceedings., 108 THIRD MOTION in Limine - Medical Records.. Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Oliner, Daniel) (Entered: 08/23/2016)
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| 111 |
Filed: 8/18/2016, Entered: None |
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ORDER granting 110 Letter Motion for Extension of Time to File: Application GRANTED. The parties shall file their joint pre-trial order by September 6, 2016. All other dates remain unchanged. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 08/18/2016)
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| 110 |
Filed: 8/16/2016, Entered: None |
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CONSENT LETTER MOTION for Extension of Time to File Joint Pretrial Order from August 30, 2016 to September 6, 2016 addressed to Judge Lorna G. Schofield from Daniel H. Oliner dated August 16, 2016. Document filed by Jason Diaz, Moses Reyes.(Oliner, Daniel) (Entered: 08/16/2016)
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| 109 |
Filed: 8/12/2016, Entered: None |
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MEMORANDUM OF LAW in Support re: 108 THIRD MOTION in Limine - Medical Records. . Document filed by James Howard. (Stewart, Elizabeth) (Entered: 08/12/2016)
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| 108 |
Filed: 8/12/2016, Entered: None |
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THIRD MOTION in Limine - Medical Records. Document filed by James Howard.(Stewart, Elizabeth) (Entered: 08/12/2016)
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| 107 |
Filed: 8/12/2016, Entered: None |
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MEMORANDUM OF LAW in Support re: 106 SECOND MOTION in Limine - Prior Proceedings. . Document filed by James Howard. (Stewart, Elizabeth) (Entered: 08/12/2016)
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| 106 |
Filed: 8/12/2016, Entered: None |
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SECOND MOTION in Limine - Prior Proceedings. Document filed by James Howard.(Stewart, Elizabeth) (Entered: 08/12/2016)
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| 105 |
Filed: 8/12/2016, Entered: None |
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MEMORANDUM OF LAW in Support re: 104 FIRST MOTION in Limine - Prior Convictions. . Document filed by James Howard. (Stewart, Elizabeth) (Entered: 08/12/2016)
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| 104 |
Filed: 8/12/2016, Entered: None |
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FIRST MOTION in Limine - Prior Convictions. Document filed by James Howard.(Stewart, Elizabeth) (Entered: 08/12/2016)
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| 103 |
Filed: 8/12/2016, Entered: None |
Unknown Document Type |
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MEMORANDUM OF LAW in Support re: 101 FIRST MOTION in Limine . . Document filed by Jason Diaz, Moses Reyes. (Oliner, Daniel) (Entered: 08/12/2016)
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Request |
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| 102 |
Filed: 8/12/2016, Entered: None |
Unknown Document Type |
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DECLARATION of Daniel H. Oliner in Support re: 101 FIRST MOTION in Limine .. Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Exhibit A)(Oliner, Daniel) (Entered: 08/12/2016)
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Request |
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| 101 |
Filed: 8/12/2016, Entered: None |
Unknown Document Type |
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FIRST MOTION in Limine . Document filed by Jason Diaz, Moses Reyes.(Oliner, Daniel) (Entered: 08/12/2016)
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Request |
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| 100 |
Filed: 7/14/2016, Entered: None |
Unknown Document Type |
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ORDER: IT IS HEREBY ORDERED that: (1) Upstate Correctional Facility and DOCCS are to furnish to Shearman & Sterling LLP, CERTIFIED COPIES of the COMPLETE medical records, including all drug and alcohol related information, of plaintiff James Howard aka Arnold Moye (whose date of birth may be recorded as February 11, 1977 or May 3, 1977, and whose DIN Number is 08A5606) from October 22, 2008 to November 13, 2012; (2) the medical records ordered for release include any and all X-rays of plaintiff James Howard a/k/a Arnold Moye and any and all diagnostic tests, studies, or reports of examinations relating to him; (3) the aforementioned information shall be deemed Confidential under the Stipulation and Order of Confidentiality entered on June 17, 2016, and disclosed to Shearman & Sterling LLP, c/o Elizabeth J. Stewart, located at 599 Lexington Avenue, New York, New York 10022; (4) the aforementioned information must be provided ON OR BEFORE JULY 27, 2016; (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/14/2016) (kko) (Entered: 07/14/2016)
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Request |
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| 99 |
Filed: 7/14/2016, Entered: None |
Unknown Document Type |
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ORDER: IT IS HEREBY ORDERED that: (1) Metropolitan Hospital is to furnish to Shearman & Sterling LLP, CERTIFIED COPIES of the COMPLETE medical records, including all drug and alcohol related information, of plaintiff James Howard aka Arnold Moye (whose date of birth may be recorded as February 11, 1977 or May 3, 1977, and whose Social Security Number is 095-60-2485) from January 29, 2008 to the present; (2) the medical records ordered for release include any and all X-rays of plaintiff James Howard a/k/a Arnold Moye and any and all diagnostic tests, studies, or reports of examinations relating to him; (3) the aforementioned information shall be deemed Confidential under the Stipulation and Order of Confidentiality entered on June 17, 2016, and disclosed to Shearman & Sterling LLP, c/o Elizabeth J. Stewart, located at 599 Lexington Avenue, New York, New York 10022; (4) the aforementioned information must be provided ON OR BEFORE JULY 27, 2016; (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/14/2016) (kko) (Entered: 07/14/2016)
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Request |
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| 98 |
Filed: 7/14/2016, Entered: None |
Unknown Document Type |
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ORDER: IT IS HEREBY ORDERED that: (1) Mount Sinai Hospital and St. Lukes Roosevelt Hospital are to furnish to Shearman & Sterling LLP, CERTIFIED COPIES of the COMPLETE medical records, including all mental health, drug, and alcohol related information, of plaintiff James Howard aka Arnold Moye (whose date of birth may be recorded as February 11, 1977 or May 3, 1977, and whose Social Security Number is 095-60-2485) from January 29, 2008 to the present; (2) the medical records ordered for release include any and all X-rays of plaintiff James Howard a/k/a Arnold Moye and any and all diagnostic tests, studies, or reports of examinations relating to him; (3) the aforementioned information shall be deemed Confidential under the Stipulation and Order of Confidentiality entered on June 17, 2016, and disclosed to Shearman & Sterling LLP, c/o Elizabeth J. Stewart, located at 599 Lexington Avenue, New York, New York 10022; (4) the aforementioned information must be provided ON OR BEFORE JULY 27, 2016; (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/14/2016) (kko) (Entered: 07/14/2016)
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Request |
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| 97 |
Filed: 7/13/2016, Entered: None |
Unknown Document Type |
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SCHEDULING ORDER: WHEREAS a conference was held before the Court on July 13, 2016. It is hereby, ORDERED that in accordance with and as further provided in Individual Rule IV.B: (1) the case management conference, currently scheduled for July 20, 2016, is CANCELED. (2) the parties' motions in limine shall be due August 12, 2016. Any responses to the motions shall be due August 23, 2016. (3) Joint requests to charge, voir dire and any verdict form, as provided in the Court's individual rules, shall be submitted by August 23, 2016, and any memorandum of law shall be submitted by August 23, 2016. (4) The final pretrial order shall be due August 30, 2016. (5) The parties shall appear for a final pretrial conference on September 13, 2016, at 4:00 p.m. (6) A jury trial shall commence September 26, 2016 at 10:00 a.m. (7) The parties should advise the Court immediately by joint letter if they wish a referral to a Magistrate Judge for a settlement conference. Motions due by 8/12/2016. Responses due by 8/23/2016 Final Pretrial Conference set for 9/13/2016 at 04:00 PM before Judge Lorna G. Schofield. Pretrial Order due by 8/30/2016. Jury Trial set for 9/26/2016 at 10:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/13/2016) (kgo) (Entered: 07/13/2016)
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Request |
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| 96 |
Filed: 7/11/2016, Entered: None |
Unknown Document Type |
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ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for July 13, 2016 at 11:20 a.m., shall be rescheduled for July 13, 2016 at 10:40 a.m., due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling into chambers at (212) 805-0288. Telephone Conference set for 7/13/2016 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/11/2016) (kgo) (Entered: 07/11/2016)
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Request |
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| 95 |
Filed: 7/11/2016, Entered: None |
Unknown Document Type |
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NOTICE OF APPEARANCE by Brittany Gemme Brudnicki on behalf of James Howard. (Brudnicki, Brittany) (Entered: 07/11/2016)
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Request |
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| 94 |
Filed: 7/11/2016, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Elizabeth J. Stewart dated July 11, 2016 re: Plaintiff's Opposition to Defendants' July 6 Letter (Dkt. No. 91). Document filed by James Howard.(Stewart, Elizabeth) (Entered: 07/11/2016)
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Request |
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| 93 |
Filed: 7/8/2016, Entered: None |
Unknown Document Type |
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ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for July 13, 2016 at 11:00 a.m., shall be adjourned to July 13, 2016 at 11:20 a.m., due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling into chambers at (212) 805-0288. Telephone Conference set for 7/13/2016 at 11:20 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/8/2016) (kgo) (Entered: 07/08/2016)
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Request |
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| 92 |
Filed: 7/7/2016, Entered: None |
Unknown Document Type |
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ORDER granting 91 Letter Motion for Local Rule 37.2 Conference: Application GRANTED. A telephone conference will be held on July 13, 2016, at 11:00 a.m. At the appointed time, the parties shall jointly call Chambers at (212) 805-0288. Plaintiff shall file a letter not to exceed three pages by noon on July 11, 2016, stating his positions on the issues identified in the parties' letter. (Telephone Conference set for 7/13/2016 at 11:00 AM before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 07/07/2016)
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Request |
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| 91 |
Filed: 7/6/2016, Entered: None |
Unknown Document Type |
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LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Lorna G. Schofield from Daniel H. Oliner dated July 6, 2016. Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Text of Proposed Order)(Oliner, Daniel) (Entered: 07/06/2016)
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Request |
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| 90 |
Filed: 6/20/2016, Entered: None |
Unknown Document Type |
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STIPULATION AND ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 6/20/2016) (kgo) (Entered: 06/20/2016)
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Request |
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| 89 |
Filed: 6/17/2016, Entered: None |
Unknown Document Type |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Discovery request that the Court endorse the attached Stipulation of Confidentiality and Protective Order addressed to Judge Lorna G. Schofield from Daniel H. Oliner dated June 17, 2016. Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Exhibit A)(Oliner, Daniel) Modified on 6/21/2016 (ldi). (Entered: 06/17/2016)
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Request |
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| 88 |
Filed: 5/24/2016, Entered: None |
Unknown Document Type |
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MEMO ENDORSEMENT on re: 87 Status Report filed by Moses Reyes, Jason Diaz. ENDORSEMENT: Application GRANTED. The fact discovery deadline is extended to July 6, 2016. No further extensions will be granted absent extraordinary circumstances. Counsel shall confer to discuss settlement and jointly advise the Court by July 13, 2016. The case management conference, currently scheduled for June 22, 2016, is adjourned to July 20, 2016, at 10:30 a.m. A party wishing to file a summary judgment motion shall file a pre-motion letter, and any party wishing to oppose also shall file a letter at the times and in the form provided in the Court's Individual Rule III.A.1. If no pre-motion letters are timely filed, the Court will set a firm trial date at the July 20 conference. ( Fact Discovery due by 7/6/2016.), ( Case Management Conference set for 7/20/2016 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/24/2016) (kgo) (Entered: 05/24/2016)
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Request |
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| 87 |
Filed: 5/23/2016, Entered: None |
Unknown Document Type |
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STATUS REPORT. and Joint Request for an additional 30 days of discovery in this matter to and including July 6, 2016 Document filed by Jason Diaz, Moses Reyes.(Oliner, Daniel) (Entered: 05/23/2016)
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Request |
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| 86 |
Filed: 3/23/2016, Entered: None |
Unknown Document Type |
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SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 days. By 5/23/2016 the parties shall submit a status letter. Deposition due by 5/31/2016. Fact Discovery due by 6/6/2016. Case Management Conference set for 6/22/2016 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/23/2016) (kgo) (Entered: 03/23/2016)
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Request |
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| 85 |
Filed: 3/23/2016, Entered: None |
Unknown Document Type |
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ORDER: WHEREAS, on March 23, 2016, a conference was held. For the reasons stated at the conference, it is hereby ORDERED that the dates set forth in the February 11, 2016, scheduling orders are adjourned sine die. A Second Amended Case Management Plan and Scheduling Order will be issued via separate order. The Clerk of Court is directed to remove the dates for the Final Pretrial Conference and trial (currently May 11 and 23, 2016) from the Court's calendar. (Signed by Judge Lorna G. Schofield on 3/23/2016) (kgo) (Entered: 03/23/2016)
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Request |
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| 84 |
Filed: 3/22/2016, Entered: None |
Unknown Document Type |
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by James Howard.(Stewart, Elizabeth) (Entered: 03/22/2016)
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Request |
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| 83 |
Filed: 3/21/2016, Entered: None |
Unknown Document Type |
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ORDER: WHEREAS, by letter filed on March 16, 2016, Plaintiff requested a pre-motion conference to discuss an unopposed motion to reopen discovery. WHEREAS a pre-motion conference is scheduled for March 23, 2016. It is hereby ORDERED that the parties shall file a joint proposed Second Amended Case Management Plan and Scheduling Order by March 22, 2016. (Signed by Judge Lorna G. Schofield on 3/21/2016) (kgo) (Entered: 03/22/2016)
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Request |
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| 82 |
Filed: 3/17/2016, Entered: None |
Unknown Document Type |
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ORDER granting 81 Letter Motion for Conference. APPLICATION GRANTED. A pre-motion conference is scheduled for March 23, 2016, at 11:00 a.m. The dates in the Court's Scheduling Orders dated February 11, 2016, are adjourned sine die. The Clerk of Court is directed to close the motion at Docket No. 81. Pre-Motion Conference set for 3/23/2016 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/17/2016) (kgo) (Entered: 03/17/2016)
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Request |
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| 81 |
Filed: 3/16/2016, Entered: None |
Unknown Document Type |
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LETTER MOTION for Conference re: requesting a pre-motion conference addressed to Judge Lorna G. Schofield from Elizabeth J. Stewart dated March 16, 2016. Document filed by James Howard.(Stewart, Elizabeth) (Entered: 03/16/2016)
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Request |
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| 80 |
Filed: 3/16/2016, Entered: None |
Unknown Document Type |
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NOTICE OF CHANGE OF ADDRESS by Elizabeth Johnson Stewart on behalf of James Howard. New Address: Shearman & Sterling LLP, 599 Lexington Avenue, New York, New York, USA 10022, 212.848.4000. (Stewart, Elizabeth) (Entered: 03/16/2016)
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Request |
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| 79 |
Filed: 3/11/2016, Entered: None |
Unknown Document Type |
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NOTICE OF APPEARANCE by Elizabeth Johnson Stewart on behalf of James Howard. (Stewart, Elizabeth) (Entered: 03/11/2016)
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Request |
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| 78 |
Filed: 3/11/2016, Entered: None |
Unknown Document Type |
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NOTICE OF APPEARANCE by Brian Howard Polovoy on behalf of James Howard. (Polovoy, Brian) (Entered: 03/11/2016)
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Request |
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| 77 |
Filed: 3/8/2016, Entered: None |
Unknown Document Type |
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LETTER from James Howard dated 2/28/16 re: TRIAL MANUAL/ COURT'S INDIVIDUAL RULES. Document filed by James Howard.(sc) (Entered: 03/10/2016)
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Request |
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| 76 |
Filed: 2/11/2016, Entered: None |
Unknown Document Type |
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SCHEDULING ORDER: that for the reasons stated on the record, the Court hereby requests pro bono counsel for Plaintiff's trial. The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. The Court will make reasonable allowance in the schedule to allow a volunteer attorney to appear and prepare for trial. If an attorney volunteers, the attorney will contact Plaintiff directly. If an attorney offers to take the case, it is entirely Plaintiff's decision whether to retain that attorney or not. There is no guarantee that a volunteer attorney will decide to take the case, and plaintiff should be prepared to proceed with the case pro se. The parties shall individually submit any motions in limine by March 30, 2016, and responses to motions in limine by April 13, 2016. The parties shall jointly (if possible, and if not, then individually) submit proposed voir dire, proposed requests to charge and proposed verdict sheet by April 15, 2016. The parties shall submit a joint Final Pre-Trial Order, in compliance with the Court's Individual Rules, by April 15, 2016. A Final Pretrial Conference shall be held on May 11, 2016, at 11:10 a.m. Plaintiff shall promptly update the Court by informing the Pro Se Office of any changes in his address. The Clerk of Court is respectfully directed to mail the following to Plaintiff: (1) a copy of this order, (2) a copy of the Court's Individual Rules (available at http://www.nysd.uscourts.gov/judge/Schofield), and (3) Representing Yourself at Trial Manual. Motions due by 3/30/2016. Responses due by 4/13/2016 Final Pretrial Conference set for 5/11/2016 at 11:10 AM before Judge Lorna G. Schofield. Pretrial Order due by 4/15/2016. (Signed by Judge Lorna G. Schofield on 2/11/2016) (tn) (Entered: 02/11/2016)
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Request |
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| 75 |
Filed: 2/11/2016, Entered: None |
Unknown Document Type |
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SCHEDULING ORDER: WHEREAS a conference was held before the Court on February 10, 2016. It is hereby, ORDERED that the Warden of G.R.V.C or other official in charge of G.R.V.C. or any other facility in custody of James Howard (Inmate # 349-13-01841), shall make him available for a final pretrial conference with the court and counsel on May 11, 2016, at 11:10 a.m. The facility is directed to make all necessary arrangements to assure Mr. Howard's timely appearance for this conference. In the event that the facility becomes aware of a potential delay in the production of Mr. Howard, the facility shall promptly notify the Court at (212) 805-0288. It is further, ORDERED that a jury trial in this matter is scheduled to begin on May 23, 2016 at 10:00 a.m. and will continue from day to day until concluded. Plaintiff James Howard shall be made available at the Thurgood E. Marshall Federal Courthouse, 40 Centre Street, New York, New York for the duration of the trial. The Clerk of the Court is directed to mail a copy of this order to the Plaintiff and the Warden of G.R.V.C. Final Pretrial Conference set for 5/11/2016 at 11:10 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/11/2016) (mro) (Main Document 75 replaced on 2/11/2016) (mro). (Entered: 02/11/2016)
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Request |
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| 74 |
Filed: 1/22/2016, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Daniel H. Oliner dated January 22, 2016 re: Pursuant to the Amended Scheduling Order. Document filed by Jason Diaz, Moses Reyes.(Oliner, Daniel) (Entered: 01/22/2016)
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Request |
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| 73 |
Filed: 1/6/2016, Entered: None |
Unknown Document Type |
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LETTER from James Howard dated 12/2/15 re: CCRB REPORTS: 2 REPORTS/REPORT MADE BY CAPTAIN REYES TO CHIEF OF HOUSING DATED 3/7/13(THIRTY-SEVEN DAYS AFTER INCIDENT).[formerly docketed in 15cv9930 in error] Document filed by James Howard.(sc) (Entered: 01/21/2016)
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Request |
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| 72 |
Filed: 12/17/2015, Entered: None |
Unknown Document Type |
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AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Fact Discovery due by 1/25/2016. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-4 days. Case Management Conference set for 2/10/2016 at 10:40 AM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/17/2015) (adc) (Entered: 12/17/2015)
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Request |
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| 71 |
Filed: 12/17/2015, Entered: None |
Unknown Document Type |
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ORDER: IT IS HEREBY ORDERED UPON THE CONSENT OF THE NEW YORK CITY DEPARTMENT OF CORRECTION: (1) that the Warden or other official in charge of the George R. Vierno Center produce inmate James Howard, NYSID # 05492828M, B&C# 349-13-01841, for the taking of his deposition on January 7, 2016, at 10:00 a.m., and for so long thereafter, from day to day, as the deposition continues; (2) that also present at the deposition will be Daniel H. Oliner, Esq., and Evan C. Brustein, Esq., attorneys for defendants; and a court reporter to be designated by defendants; and, (3) that the afore-mentioned court reported will be permitted to bring necessary stenographical equipment to the location of the deposition for transcription purposes. The Clerk of Court is directed to mail Plaintiff a copy of this order. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/17/2015) (cf) Modified on 12/29/2015 (cf). (Entered: 12/17/2015)
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Request |
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| 70 |
Filed: 12/17/2015, Entered: None |
Unknown Document Type |
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ORDER granting 69 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. An Amended Case Management Plan and Scheduling Order will be issued via separate order. The Clerk of Court is directed to close the letter motion at Docket No. 69 and to mail Plaintiff a copy of this order. (Signed by Judge Lorna G. Schofield on 12/17/2015) (cf) (Entered: 12/17/2015)
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Request |
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| 69 |
Filed: 12/16/2015, Entered: None |
Unknown Document Type |
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CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield from Daniel H. Oliner dated December 16, 2015. Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Text of Proposed Order To Produce Plaintiff for a Deposition)(Oliner, Daniel) (Entered: 12/16/2015)
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Request |
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| 68 |
Filed: 12/3/2015, Entered: None |
Unknown Document Type |
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PRO SE MEMORANDUM(Letter) dated 11/26/15 re: CHANGE OF ADDRESS for James Howard. New Address: #349-13-01841, 09-09 Hazen Street, E. Elmhurst, New York, 11370. (sc) (Entered: 12/07/2015)
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Request |
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| 67 |
Filed: 10/27/2015, Entered: None |
Unknown Document Type |
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STATUS REPORT. on Behalf of the Parties Document filed by Jason Diaz, Moses Reyes.(Oliner, Daniel) (Entered: 10/27/2015)
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Request |
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| 66 |
Filed: 9/9/2015, Entered: None |
Unknown Document Type |
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CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Joinder of Parties due by 9/29/2015. Amended Pleadings due by 9/29/2015. Fact Discovery due by 12/24/2015. Depositions pursuant to Fed, R. Civ. P. 30, 31 due by 12/24/2015. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-4 days. Case Management Conference set for 1/13/2016 at 10:40 AM before Judge Lorna G. Schofield. Plaintiff shall submit a letter to the Pro Se Office confirming his current address as soon as possible. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at the following address: James Howard, 349-13-01841, 18-18 Hazen Street, East Elmhurst, NY 11370. (Signed by Judge Lorna G. Schofield on 9/9/2015) (tn) (Entered: 09/09/2015)
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Request |
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| 65 |
Filed: 9/1/2015, Entered: None |
Unknown Document Type |
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LETTER from James Howard dated 8/25/15 re: (CHANGE OF ADDRESS/DEFENDANT'S MOTION TO DISMISS/ JUDGE'S ORDER 7/21/15) Plaintiff informs the Court that he has moved to 125 White Street, New York, New York 10013; and he requests that the Court schedule an immediate conference, so that the plaintiff can get an update on the status of the case. Document filed by James Howard, James Howard.(sc) (Entered: 09/03/2015)
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Request |
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| 64 |
Filed: 8/26/2015, Entered: None |
Unknown Document Type |
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Jason Diaz, Moses Reyes. (Attachments: # 1 Text of Proposed Order Civil Case Management Plan and Scheduling Order)(Oliner, Daniel) (Entered: 08/26/2015)
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Request |
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| 63 |
Filed: 8/25/2015, Entered: None |
Unknown Document Type |
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NOTICE OF APPEARANCE by Daniel Harrison Oliner on behalf of Jason Diaz, Moses Reyes. (Oliner, Daniel) (Entered: 08/25/2015)
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Request |
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| 62 |
Filed: 8/14/2015, Entered: None |
Unknown Document Type |
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PRO SE MEMORANDUM(Letter) dated 7/28/15 re: CHANGE OF ADDRESS for James Howard. New Address: #349-13-01841, 18-18 Hazen Street, E. Elmhurst, New York, 11370. (sc) (Entered: 08/18/2015)
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Request |
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| 61 |
Filed: 7/27/2015, Entered: None |
Unknown Document Type |
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ORDER: IT IS HEREBY ORDERED that the Warden or other official in charge of the G.R.V.C. in East Elmhurst, or other facility in custody of James Howard, produce inmate James Howard, Identification Number 349-13-01841, to an office in the facility with a reasonable degree of privacy to enable him to participate in a court conference through means of a teleconference from the facility to the United States Courthouse, Southern District of New York, on September 9, 2015, commencing at 10:30 a.m., until completion. At the date and time set forth herein, counsel for the defendants shall place the call to the facility from the Courthouse. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers by calling (212) 805-0288. (As further set forth in this Order.) Telephone Conference set for 9/9/2015 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/27/2015) (kgo) (Entered: 07/27/2015)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 60 |
Filed: 7/22/2015, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Brian J. Farrar dated July 22, 2015 re: filing of the answer in lieu of a motion to dismiss. Document filed by Jason Diaz, Moses Reyes.(Farrar, Brian) (Entered: 07/22/2015)
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Request |
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| 59 |
Filed: 7/22/2015, Entered: None |
Unknown Document Type |
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ANSWER to 2 Complaint with JURY DEMAND. Document filed by Jason Diaz, Moses Reyes.(Farrar, Brian) (Entered: 07/22/2015)
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Request |
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| 58 |
Filed: 7/17/2015, Entered: None |
Unknown Document Type |
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PRO SE MEMORANDUM(Letter) dated 7/11/15 re: CHANGE OF ADDRESS for James Howard. New Address: #349-13-01841, 09-09 Hazen Street, East Elmhurst, New York, 11370. (sc) (Entered: 07/17/2015)
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Request |
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| 57 |
Filed: 6/16/2015, Entered: None |
Unknown Document Type |
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ORDER: It is hereby ORDERED that: 1. The stay in this matter is hereby lifted; 2. Mr. Edwards' motion to withdraw as counsel is granted; and 3. Defendants shall file their motion to dismiss by July 22, 2015; Plaintiff shall file his response, if any, by August 24, 2015; Defendants shall file their response, if any, by September 1, 2015. The parties are advised to consult Individual Rules III.A.3 and III.C.2. The Clerk of Court is respectfully directed to send a copy of this Order and a copy of the Court's Individual Rules to Plaintiff. SO ORDERED. (Motions due by 7/22/2015. Responses due by 8/24/2015, Replies due by 9/1/2015.) (Signed by Judge Lorna G. Schofield on 6/16/2015) (ajs) (Entered: 06/17/2015)
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Request |
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| 56 |
Filed: 6/15/2015, Entered: None |
Unknown Document Type |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Brian J. Farrar dated June 15, 2015 re: 51 FIRST MOTION for Kavin L. Edwards to Withdraw as Attorney for plaintiff James Howard and to allow Plaintiff to return to pro se status. . Document filed by Office of the Corporation Counsel of the City of New York. (Farrar, Brian) Modified on 6/16/2015 (db). (Entered: 06/15/2015)
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Request |
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| 55 |
Filed: 6/8/2015, Entered: None |
Unknown Document Type |
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PRO SE MEMORANDUM(Letter) dated 6/1/15 re: CHANGE OF ADDRESS for James Howard. New Address: #349-13-01841, One Halleck Street, Bronx, New York, 10474. (sc) (Entered: 06/09/2015)
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Request |
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| 54 |
Filed: 6/8/2015, Entered: None |
Unknown Document Type |
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LETTER from James Howard dated 6/1/15 re: REASSUMING PRO SE STATUS. Document filed by James Howard.(sc) (Entered: 06/09/2015)
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Request |
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| 53 |
Filed: 6/8/2015, Entered: None |
Unknown Document Type |
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MEMO ENDORSEMENT on re: 52 Letter filed by James Howard. ENDORSEMENT: By June 15, 2015, Defendants shall a file a response to this letter. (Signed by Judge Lorna G. Schofield on 6/8/2015) (kgo) (Entered: 06/08/2015)
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Request |
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| 52 |
Filed: 6/8/2015, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Kavin L. Edwards dated June 5, 2015 re: Request to withdraw as Attorney for plaintiff James Howard and to allow Plaintiff to return to pro se status. Document filed by James Howard.(Edwards, Kavin) (Entered: 06/08/2015)
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Request |
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| 51 |
Filed: 6/5/2015, Entered: None |
Unknown Document Type |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Kavin L. Edwards to Withdraw as Attorney for plaintiff James Howard and to allow Plaintiff to return to pro se status. Document filed by James Howard.(Edwards, Kavin) Modified on 6/8/2015 (db). (Entered: 06/05/2015)
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Request |
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| 50 |
Filed: 5/26/2015, Entered: None |
Unknown Document Type |
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MEMO ENDORSEMENT on re: 49 Status Report filed by Office of the Corporation Counsel of the City of New York. ENDORSEMENT: By June 9, 2015, Plaintiff shall file a letter indicating how he wishes to proceed in this matter. (Signed by Judge Lorna G. Schofield on 5/26/2015) (kgo) (Entered: 05/26/2015)
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Request |
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| 49 |
Filed: 5/15/2015, Entered: None |
Unknown Document Type |
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STATUS REPORT. regarding status of plaintiff's underlying criminal charges Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) (Entered: 05/15/2015)
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Request |
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| 48 |
Filed: 4/17/2015, Entered: None |
Unknown Document Type |
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STATUS REPORT. on plaintiff's criminal charges Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) (Entered: 04/17/2015)
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Request |
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| 47 |
Filed: 3/16/2015, Entered: None |
Unknown Document Type |
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MONTHLY LETTER addressed to Judge Lorna G. Schofield from Lamar D. Winslow dated March 16, 2015 re: Monthly letter regarding the status of the criminal charges against Plaintiff. Document filed by Office of the Corporation Counsel of the City of New York.(Winslow, Lamar) (Entered: 03/16/2015)
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Request |
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| 46 |
Filed: 2/20/2015, Entered: None |
Unknown Document Type |
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STATUS REPORT. Document filed by Office of the Corporation Counsel of the City of New York.(Winslow, Lamar) (Entered: 02/20/2015)
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Request |
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| 45 |
Filed: 1/15/2015, Entered: None |
Unknown Document Type |
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MONTHLY LETTER addressed to Judge Lorna G. Schofield from Lamar D. Winslow dated January 15, 2015 re: Status of plaintiff's criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Winslow, Lamar) (Entered: 01/15/2015)
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Request |
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| 44 |
Filed: 12/15/2014, Entered: None |
Unknown Document Type |
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MONTHLY LETTER addressed to Judge Lorna G. Schofield from Lamar D. Winslow dated December 15, 2014 re: Status of plaintiff's criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Winslow, Lamar) (Entered: 12/15/2014)
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Request |
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| 43 |
Filed: 11/14/2014, Entered: None |
Unknown Document Type |
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MONTHLY LETTER addressed to Judge Lorna G. Schofield from Lamar D. Winslow dated November 14, 2014 re: Status of plaintiff's criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Winslow, Lamar) (Entered: 11/14/2014)
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Request |
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| 42 |
Filed: 10/15/2014, Entered: None |
Unknown Document Type |
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MONTHLY LETTER addressed to Judge Lorna G. Schofield from Lamar D. Winslow dated October 15, 2014 re: Status of plaintiff's criminal charges.. Document filed by Office of the Corporation Counsel of the City of New York.(Winslow, Lamar) (Entered: 10/15/2014)
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Request |
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| 41 |
Filed: 9/15/2014, Entered: None |
Unknown Document Type |
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MONTHLY LETTER addressed to Judge Lorna G. Schofield from Lamar D. Winslow dated September 15, 2014 re: Status of plaintiff's criminal charges. Document filed by Jason Diaz, Moses Reyes.(Winslow, Lamar) (Entered: 09/15/2014)
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Request |
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| 40 |
Filed: 8/15/2014, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Lamar D. Winslow dated August 15, 2014 re: Status Report of plaintiff's criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Winslow, Lamar) (Entered: 08/15/2014)
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Request |
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| 39 |
Filed: 7/15/2014, Entered: None |
Unknown Document Type |
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MONTHLY LETTER addressed to Judge Lorna G. Schofield from Lamar D. Winslow dated July 15, 2014 re: Status Report on plaintiff's criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Winslow, Lamar) (Entered: 07/15/2014)
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Request |
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| 38 |
Filed: 6/16/2014, Entered: None |
Unknown Document Type |
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MONTHLY LETTER addressed to Judge Lorna G. Schofield from Lamar D. Winslow dated June 16, 2014 re: Status Report on plaintiff's criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Winslow, Lamar) (Entered: 06/16/2014)
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Request |
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| 37 |
Filed: 5/15/2014, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Brian J. Farrar dated May 15, 2014 re: Status Report on plaintiff's criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) (Entered: 05/15/2014)
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Request |
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| 36 |
Filed: 4/15/2014, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Brian J. Farrar dated April 15, 2014 re: Status Report on plaintiff's criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) (Entered: 04/15/2014)
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Request |
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| 35 |
Filed: 3/17/2014, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Brian J. Farrar dated March 17, 2014 re: Status Report on plaintiff's criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) (Entered: 03/17/2014)
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Request |
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| 34 |
Filed: 2/19/2014, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Brian J. Farrar dated February 19, 2014 re: Status Report on plaintiff's criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) (Entered: 02/19/2014)
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Request |
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| 33 |
Filed: 1/21/2014, Entered: None |
Unknown Document Type |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Moses Reyes served on 12/24/2013, answer due 1/14/2014. Service was accepted by Sgt. Jose Caban, #1324. Document filed by James Howard. (sc) (Entered: 01/24/2014)
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Request |
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| 32 |
Filed: 1/17/2014, Entered: None |
Unknown Document Type |
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NOTICE OF APPEARANCE by Kavin Leon Edwards on behalf of James Howard. (Edwards, Kavin) (Entered: 01/17/2014)
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Request |
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| 31 |
Filed: 1/13/2014, Entered: None |
Unknown Document Type |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Jason Diaz served on 12/27/2013, answer due 2/25/2014. Service was made by MAIL. Document filed by James Howard. (sc) (Entered: 01/17/2014)
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Request |
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| 30 |
Filed: 1/16/2014, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Brian J. Farrar dated January 15, 2014 re: Status Report on plaintiff's criminal charges and CCRB investigation. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) (Entered: 01/16/2014)
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Request |
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| 29 |
Filed: 1/15/2014, Entered: None |
Unknown Document Type |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STATUS REPORT. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) Modified on 1/16/2014 (ka). (Entered: 01/15/2014)
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Request |
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| 28 |
Filed: 12/26/2013, Entered: None |
Unknown Document Type |
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LETTER from James Howard dated 12/14/13 re: Plaintiff submits this letter to the Court in response to defendant counsel's application to stay the instant matter; and plaintiff requests that the Court deny defendant's application based on the facts outlined below(as indicated).. Document filed by James Howard.(sc) (Entered: 12/30/2013)
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Request |
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| 27 |
Filed: 12/20/2013, Entered: None |
Unknown Document Type |
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MEMO ENDORSEMENT on re: 26 Letter, filed by Office of the Corporation Counsel of the City of New York. ENDORSEMENT: Application granted in part and denied in part. The matter is stayed pending a final adjudication or dismissal of the criminal charges pending against the Plaintiff that are the basis for this action, but not until the conclusion of the CCRB investigation, at which time the stay is lifted without further action of the Court. Counsel for the Defendants shall file a status letter with this court every 30 days commencing January 15, 2014, reporting the status of the charges against the Plaintiff and the CCRB investigation. Defendant's time to answer or respond to the Complaint shall be extended until thirty (30) days from the time the stay is lifted. The Clerk of Court is directed to mail the text of this order on the docket sheet to the Plaintiff. (Signed by Judge Lorna G. Schofield on 12/20/2013) (lmb) (Entered: 12/20/2013)
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Request |
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| 26 |
Filed: 12/12/2013, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Brian J. Farrar dated December 11, 2013 re: ongoing CCRB investigation and plaintiff's pending criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) (Entered: 12/12/2013)
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Request |
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| 25 |
Filed: 12/11/2013, Entered: None |
Unknown Document Type |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STATUS REPORT. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) Modified on 12/12/2013 (ka). (Entered: 12/11/2013)
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Request |
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| 24 |
Filed: 12/3/2013, Entered: None |
Unknown Document Type |
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FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Stay pending conclusion of plaintiff's related criminal charges. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) Modified on 12/4/2013 (db). (Entered: 12/03/2013)
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Request |
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| 23 |
Filed: 11/26/2013, Entered: None |
Unknown Document Type |
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MEMO ENDORSEMENT on re: 22 Letter, filed by James Howard. ENDORSEMENT: The Plaintiff may continue to pursue his claims against Officer Diaz and Officer Reyes. Defendant Umos is dismissed from the case pursuant to Rule 41 of the Federal Rules of Civil Procedure., Umos terminated. (Signed by Judge Lorna G. Schofield on 11/26/2013) (lmb) (Entered: 11/26/2013)
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Request |
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| 22 |
Filed: 11/19/2013, Entered: None |
Unknown Document Type |
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LETTER from James Howard dated 11/13/13 re: Plaintiff requests that the Court grant him permission to remove the third defendant officer from the complaint, Officer Umos, and to continue his claim against the other two(2) defendants. Document filed by James Howard.(sc) (Entered: 11/20/2013)
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Request |
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| 21 |
Filed: 11/12/2013, Entered: None |
Unknown Document Type |
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ORDER OF SERVICE: On September 4, 2013, the Court issued a Valentin Order in order to help pro se Plaintiff James Howard effectuate service. On November 4, 2013, Corporation Counsel for New York City provided an address of service for the Defendant Officers. The Pro Se Office shall issue a summons with respect to each Defendant to the U.S. Marshals, and the Marshals shall promptly effectuate service on the Defendants at the following addresses: Sergeant Jason Diaz: 45th Precinct, 2877 Barkley Ave., Bronx, NY, 10465-1949;Captain Moses Reyes: Bronx/Queens Impact Response Team, 737 Melrose Avenue Bronx, N.Y. 10451. Plaintiff may have claims against certain unidentified or unidentifiable officers. If Plaintiff wishes to have Corporation Counsel identify other potential Defendants, he shall return a release pursuant to New York Criminal Procedure Law §160.50 to allow access to any sealed police, prosecution, and criminal court files so as to ascertain the identities of any other officers involved in the alleged incident The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. (Signed by Judge Lorna G. Schofield on 11/12/2013) (js) Modified on 11/13/2013 (js). (Entered: 11/13/2013)
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Request |
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| 20 |
Filed: 11/4/2013, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from Brian J. Farrar dated November 4, 2013 re: Response to the Court's Valentin Order. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) (Entered: 11/04/2013)
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Request |
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| 19 |
Filed: 9/25/2013, Entered: None |
Unknown Document Type |
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LETTER from James Howard dated 9/15/2013 re: I ask your Honor, will you grant me enough time that will help me find the defendants giving the fact that my resources are very limited. Document filed by James Howard. (Mailed 3 USM-285 Form to James Howard)(sac) (Entered: 09/27/2013)
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Request |
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| 18 |
Filed: 9/20/2013, Entered: None |
Unknown Document Type |
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ORDER granting 17 Letter Motion for Extension of Time to File Response/Reply. No further requests will be granted absent extraordinary circumstances. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 09/20/2013)
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Request |
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| 17 |
Filed: 9/19/2013, Entered: None |
Unknown Document Type |
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FIRST LETTER MOTION for Extension of Time to File Response/Reply to Court's Valentin Order addressed to Judge Lorna G. Schofield from Brian J. Farrar dated September 19, 2013. Document filed by Office of the Corporation Counsel of the City of New York.(Farrar, Brian) (Entered: 09/19/2013)
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Request |
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| 16 |
Filed: 9/4/2013, Entered: None |
Unknown Document Type |
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VALENTIN ORDER: As a general principle, a plaintiff cannot maintain a suit against a tortfeasor unless he/she can identify that tortfeasor. Valentin v. Dinkins, 121 F.3d 72, 75 (2d Cir. 1997) (per curiam). This rule has been relaxed, however, in actions brought by pro se litigants, because these litigants, especially those who are incarcerated, are unable to carry out full pretrial investigations. ORDERED that Corporation Counsel shall ascertain the identity of the officers whom Plaintiff seeks to sue here and the addresses where those officers may be served. Corporation Counsel shall provide this information to Plaintiff and the Court no later than September 19, 2013, Once Corporation Counsel has identified the addresses of the officers, the Pro Se Office shall send to plaintiff an amended Rule 4 service package. The Plaintiff shall serve the summons and amended complaint on defendants by November 19, 2013. IT IS FURTHER ORDERED that the Clerk of Court shall serve a copy of this Order on the Corporation Counsel for the City of New York. IT IS FURTHER ORDERED that, should Plaintiff require further assistance, he shall direct such inquiries to this Courts Pro Se Office, Room 230, United States Courthouse, 500Pearl Street, New York, New York 10007. (Signed by Judge Lorna G. Schofield on 9/4/2013) (mt) (Entered: 09/04/2013)
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Request |
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| 15 |
Filed: 8/28/2013, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge Lorna G. Schofield from James Howard, dated 8/21/13 re: Plaintiff informs the Court that he believes that his correctional facility did not send out his Proposed Civil Case Management Plan to the district court as well as other legal mail; and he requests that the Court assist him in remedying this situation before the scheduled teleconference to be held on 9/5/13. Document filed by James Howard.(sc) Modified on 8/29/2013 (sc). (Entered: 08/29/2013)
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Request |
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| 14 |
Filed: 8/21/2013, Entered: None |
Unknown Document Type |
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LETTER from James Howard dated 8/5/13 re: Proposed Civil Case Management Plan & Scheduling Order. Document filed by James Howard.(sc) (Entered: 08/22/2013)
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Request |
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| 13 |
Filed: 8/16/2013, Entered: None |
Unknown Document Type |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Moses Reyes. Attempted Service of Summons and Complaint. Service was attempted on 8/14/13. Document filed by James Howard. (sc) (Entered: 08/19/2013)
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Request |
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| 12 |
Filed: 8/16/2013, Entered: None |
Unknown Document Type |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Jason Diaz. Attempted Service of Summons and Complaint. Service was attempted on 8/14/13. Document filed by James Howard. (sc) (Entered: 08/19/2013)
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Request |
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| 11 |
Filed: 8/16/2013, Entered: None |
Unknown Document Type |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Officer Umos. Attempted Service of Summons and Complaint. Service was attempted on 8/14/13. Document filed by James Howard. (sc) (Entered: 08/19/2013)
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Request |
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| 10 |
Filed: 6/7/2013, Entered: None |
Unknown Document Type |
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ORDER: IT IS HEREBY ORDERED that the Warden or other official in charge of the RIKERS ISLAND ANNA M. KROSS CENTER (AMKC) in EAST ELMHURST, or other facility in custody of JAMES HOWARD, produce inmate JAMES HOWARD, 349-13-01841, to an office in the facility with a reasonable degree of privacy to enable him to participate in a court conference through means of a teleconference from the facility to the United States Courthouse, Southern District of New York, on September 5, 2013, commencing at 10:40 a.m., until completion. At the date and time set forth herein, counsel for the defendants shall place the call to the facility from the Courthouse. If this time and date presents an inconvenience, the Warden or the Wardens designee should promptly inform Chambers by calling (212) 805-0288. Counsel for defendants must (1) transmit this Order to the Warden forthwith; (2) contact the RIKERS ISLAND ANNA M. KROSS CENTER (AMKC) forthwith to arrange the call and to determine the telephone number at which the plaintiff will be reachable at the above time and date. The clerk is directed to mail a copy of this order to the pro se Plaintiff.(Telephone Conference set for 9/5/2013 at 10:40 AM, in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/7/2013) (tro) (Entered: 06/10/2013)
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Request |
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| 9 |
Filed: 6/7/2013, Entered: None |
Unknown Document Type |
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ORDER: This case has been assigned to me for all purposes. The parties should abide by this Courts Special Rules of Practice in Civil Pro Se Cases, which are attached to this Order. An initial pretrial conference with the Court will be held at the time and place listed below. Any party who has retained counsel prior to the conference need not personally attend and should instead have their attorney attend on their behalf. By the date of the initial pretrialconference, counsel for any represented party is required to register as a filing user on ECF. Plaintiff, who is currently incarcerated, is proceeding pro se (without an attorney). Plaintiff shall be permitted to participate in the conference by telephone. Counsel for defendant shall appear in person. IT IS HEREBY ORDERED that the Warden or other official in charge of the RIKERSISLAND ANNA M. KROSS CENTER (AMKC) in EAST ELMHURST, or other facility incustody of JAMES HOWARD, produce inmate JAMES HOWARD, 349-13-01841, to anoffice in the facility with a reasonable degree of privacy to enable him to participate in a court conference through means of a teleconference from the facility to the United States Courthouse, Southern District of New York, on September 5, 2013, commencing at 10:40 a.m., until completion. At the date and time set forth herein, counsel for the defendants shall place the callto the facility from the Courthouse. If this time and date presents an inconvenience, the Warden or the Wardens designee should promptly inform Chambers by calling (212) 805-0288. Counsel for defendants must (1) transmit this Order to the Warden forthwith; (2) contact the RIKERS ISLAND ANNA M. KROSS CENTER (AMKC) forthwith to arrange the call and to determine the telephone number at which the plaintiff will be reachable at the above timeand date. DATE AND PLACE OF CONFERENCE: September 5, 2013, at 10:40 a.m., inCourtroom 1106 before Judge Lorna G. Schofield of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. The clerk is directed to mail a copy of this order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 6/7/2013) (rsh) (Entered: 06/07/2013)
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Request |
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| 8 |
Filed: 5/15/2013, Entered: None |
Unknown Document Type |
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(LETTER) PRO SE MEMORANDUM dated 5/8/2013 re: CHANGE OF ADDRESS for James Howard. New Address: 349-13-01841, A. M. K. C., 18-18 Hazen Street, East Elmhurst, NY, 11370. (man) (Entered: 05/17/2013)
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Request |
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| 7 |
Filed: 5/13/2013, Entered: None |
Unknown Document Type |
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ORDER OF SERVICE: To allow Plaintiff, who is proceeding in forma pauperis, to effect service on Defendants through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff one U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each Defendant. Within thirty days of the date of this order, Plaintiff must complete a USM-285 form for each Defendant and return those forms to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, he must notify the Court in writing within thirty days of the date of this order and request that a summons be issued directly to him. If within thirty days, Plaintiff has not returned the USM-285 forms or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of each completed USM-285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon each Defendant. No matter what method of service Plaintiff chooses, he must effect service within 120 days of the date the summons is issued. It is Plaintiffs responsibility to inquire of the Marshals Service as to whether service has been made and if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). If within 120 days of issuance of the summons, Plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Finally, it is Plaintiffs obligation to promptly submit a written notification to the Court if Plaintiffs address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Lorna G. Schofield on 5/13/2013) (ft) (Entered: 05/13/2013)
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Request |
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| 5 |
Filed: 4/30/2013, Entered: None |
Unknown Document Type |
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ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 4/30/2013) (sbr) (Entered: 04/30/2013)
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Request |
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| 4 |
Filed: 4/30/2013, Entered: None |
Unknown Document Type |
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NOTICE OF CASE ASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 04/30/2013)
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Request |
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| 3 |
Filed: 4/29/2013, Entered: None |
Unknown Document Type |
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Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 4/29/2013. (cde) (Entered: 04/29/2013)
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Request |
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| 2 |
Filed: 4/23/2013, Entered: None |
Unknown Document Type |
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COMPLAINT against Jason Diaz, Moses Reyes, Umos. Document filed by James Howard.(cde) (Entered: 04/29/2013)
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Filed: 4/23/2013, Entered: None |
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REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by James Howard.(cde) (Entered: 04/29/2013)
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Request |
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