Donnell Baines v. Bryan White
Federal Civil Lawsuit New York Southern District Court, Case No. 1:10-cv-09545

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Last Updated December 26, 2018 at 3:19 PM ST (2.5 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Donnell Baines, Plaintiff

Toggle Switch Represented by Brown Rudnick LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Julia Italia Catania +1 212 209 4932 jcatania@brownrudnick.com

Toggle Switch Represented by ktmlawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Christopher Scott Weddle +1 914 993 0600 +1 914 993 0251 cweddle@ktmlawfirm.com
v.
No Logo Bryan White, Defendant

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Matthew Bridge +1 212 356 2347 +1 212 356 3509 mbridge@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Eviana Linnea Frances Englert +1 212 356 5055 eenglert@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Philip Sebastian Frank +1 212 788 0893 +1 212 788 9776 pfrank@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Brachah Goykadosh +1 212 356 3523 +1 212 356 3509 bgoykado@law.nyc.gov
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Daniel G. Saavedra +1 212 356 0892 +1 212 356 3509 dsaavedr@law.nyc.gov
No Logo Chris McNerney, Defendant

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Matthew Bridge +1 212 356 2347 +1 212 356 3509 mbridge@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Eviana Linnea Frances Englert +1 212 356 5055 eenglert@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Philip Sebastian Frank +1 212 788 0893 +1 212 788 9776 pfrank@law.nyc.gov
No Logo John Christman, Defendant

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Matthew Bridge +1 212 356 2347 +1 212 356 3509 mbridge@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Eviana Linnea Frances Englert +1 212 356 5055 eenglert@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Philip Sebastian Frank +1 212 788 0893 +1 212 788 9776 pfrank@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Brachah Goykadosh +1 212 356 3523 +1 212 356 3509 bgoykado@law.nyc.gov
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Daniel G. Saavedra +1 212 356 0892 +1 212 356 3509 dsaavedr@law.nyc.gov
No Logo Joseph Leonard, Defendant

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Matthew Bridge +1 212 356 2347 +1 212 356 3509 mbridge@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Eviana Linnea Frances Englert +1 212 356 5055 eenglert@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Philip Sebastian Frank +1 212 788 0893 +1 212 788 9776 pfrank@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Brachah Goykadosh +1 212 356 3523 +1 212 356 3509 bgoykado@law.nyc.gov
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Daniel G. Saavedra +1 212 356 0892 +1 212 356 3509 dsaavedr@law.nyc.gov
No Logo Kimberly Crystal Mitchell, Defendant
No Logo Michael Delmerico, Defendant

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Matthew Bridge +1 212 356 2347 +1 212 356 3509 mbridge@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Eviana Linnea Frances Englert +1 212 356 5055 eenglert@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Philip Sebastian Frank +1 212 788 0893 +1 212 788 9776 pfrank@law.nyc.gov
No Logo New York Police Dept., Defendant
No Logo Officer John Doe #1, Defendant
No Logo Officer John Doe #2, Defendant
No Logo Officer John Doe #3, Defendant
No Logo Officer John Doe #4, Defendant
No Logo Peter Guiheen, Defendant

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Matthew Bridge +1 212 356 2347 +1 212 356 3509 mbridge@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Eviana Linnea Frances Englert +1 212 356 5055 eenglert@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Philip Sebastian Frank +1 212 788 0893 +1 212 788 9776 pfrank@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Brachah Goykadosh +1 212 356 3523 +1 212 356 3509 bgoykado@law.nyc.gov
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Daniel G. Saavedra +1 212 356 0892 +1 212 356 3509 dsaavedr@law.nyc.gov
No Logo Robert O'Donoghue, Defendant

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Matthew Bridge +1 212 356 2347 +1 212 356 3509 mbridge@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Eviana Linnea Frances Englert +1 212 356 5055 eenglert@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Philip Sebastian Frank +1 212 788 0893 +1 212 788 9776 pfrank@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Brachah Goykadosh +1 212 356 3523 +1 212 356 3509 bgoykado@law.nyc.gov
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Daniel G. Saavedra +1 212 356 0892 +1 212 356 3509 dsaavedr@law.nyc.gov
No Logo Sergeant Joseph Cutrone, Defendant

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Matthew Bridge +1 212 356 2347 +1 212 356 3509 mbridge@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Eviana Linnea Frances Englert +1 212 356 5055 eenglert@law.nyc.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Philip Sebastian Frank +1 212 788 0893 +1 212 788 9776 pfrank@law.nyc.gov
No Logo The City of New York, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
TERMINATED: 06/11/2015, TERMINATED: 06/11/2015 Alison Gainfort Moe +1 212 676 1307 +1 212 788 9776 amoe@law.nyc.gov
New York City Law Department New York City Law Department, Interested Party

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
TERMINATED: 06/11/2015, TERMINATED: 06/11/2015 Alison Gainfort Moe +1 212 676 1307 +1 212 788 9776 amoe@law.nyc.gov
Citation Section 42 U.S.C. § 1983
Nature of Suit 550 - Prisoner Petitions: Civil Rights
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Legal Document (Payment Possibly Required) 285 Filed: 12/26/2018, Entered: None Taxation of Costs
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    Legal Document (Payment Possibly Required) 284 Filed: 12/10/2018, Entered: None Bill of Costs Notice of Taxation
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      Legal Document (Payment Possibly Required) 283 Filed: 11/28/2018, Entered: None USCA Mandate
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        Legal Document (Payment Possibly Required) 282 Filed: 7/31/2018, Entered: None Bill of Costs Notice of Taxation
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          Legal Document (Payment Possibly Required) 281 Filed: 7/24/2018, Entered: None Notice of Filing Transcript
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            Legal Document (Payment Possibly Required) 280 Filed: 7/24/2018, Entered: None transcript
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              Legal Document (Payment Possibly Required) 279 Filed: 7/24/2018, Entered: None Notice of Filing Transcript
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                Legal Document (Payment Possibly Required) 278 Filed: 7/24/2018, Entered: None transcript
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                  Legal Document (Payment Possibly Required) 277 Filed: 7/24/2018, Entered: None Notice of Filing Transcript
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                    Legal Document (Payment Possibly Required) 276 Filed: 7/24/2018, Entered: None transcript
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                      Legal Document (Payment Possibly Required) 275 Filed: 7/24/2018, Entered: None Notice of Filing Transcript
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                        Legal Document (Payment Possibly Required) 274 Filed: 7/24/2018, Entered: None transcript
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                          Legal Document (Payment Possibly Required) 273 Filed: 7/24/2018, Entered: None Notice of appeal
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                            Legal Document (Payment Possibly Required) 272 Filed: 7/20/2018, Entered: None Notice of Filing Transcript
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                              Legal Document (Payment Possibly Required) 271 Filed: 7/20/2018, Entered: None transcript
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                                Legal Document (Payment Possibly Required) 270 Filed: 7/2/2018, Entered: None judgment
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                                  Legal Document (Payment Possibly Required) 269 Filed: 6/29/2018, Entered: None Writ of Habeas Corpus Ad Testificandum Issued
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                                    Legal Document (Payment Possibly Required) 268 Filed: 6/28/2018, Entered: None OrderCourt Filing
                                    ORDER. IT IS HEREBY ORDERED that defendants' motion pursuant to Fed. R. Civ. P. 50 is denied, except is granted as to defendant Robert O'Donoghue's motion to dismiss the claim against him for failure to intervene. So ordered. Party Robert O'Donoghue terminated. (Signed by Judge Sidney H. Stein on 6/27/2018) (rjm) Modified on 6/28/2018 (rjm). (Entered: 06/28/2018)
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                                      Legal Document (Payment Possibly Required) 267 Filed: 6/27/2018, Entered: None letterCourt Filing
                                      LETTER addressed to Judge Sidney H. Stein dated June 27, 2018 re: respectfully informing the Court of defendants' position on the legality of plaintiff's arrest. Document filed by Peter Guiheen, Joseph Leonard, Bryan White.(Saavedra, Daniel) (Entered: 06/27/2018)
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                                        Legal Document (Payment Possibly Required) 266 Filed: 6/26/2018, Entered: None OrderCourt Filing
                                        ORDER: At the request of defendants, it is HEREBY ORDERED that the Clerk of Court is directed to amend the caption in this action as set forth above. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/26/2018) (ama) (Entered: 06/26/2018)
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                                          Legal Document (Payment Possibly Required) 265 Filed: 6/25/2018, Entered: None letterCourt Filing
                                          LETTER addressed to Judge Sidney H. Stein from Julia I. Catania dated 6/25/2018 re: the question of whether the Defendants may introduce to the jury the aggreagate of all the state prison sentences Plaintiff is serving.. Document filed by Donnell Baines.(Catania, Julia) (Entered: 06/25/2018)
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                                            Legal Document (Payment Possibly Required) 264 Filed: 6/21/2018, Entered: None OrderCourt Filing
                                            ORDER: I hereby authorize Ms. Crystal D. Baines and Mr. William Paul Baines to bring in two sets of trial clothes to the Plaintiff in the above-captioned matter at MCC New York, where he is currently detained, in anticipation of the trial proceedings, scheduled to commence on Monday, June 25, 2018. Ms. Crystal D. Baines and Mr. William Paul Baines will inform the Receiving and Discharge Department in advance of dropping the clothing. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/20/2018) (ama) (Entered: 06/21/2018)
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                                              Legal Document (Payment Possibly Required) 263 Filed: 6/20/2018, Entered: None Opposition Brief
                                              FIRST OPPOSITION BRIEF re: 257 Pretrial Memorandum Regarding Qualified Immunity. Document filed by Donnell Baines.(Weddle, Christopher) (Entered: 06/20/2018)
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                                                Legal Document (Payment Possibly Required) 262 Filed: 6/20/2018, Entered: None letterCourt Filing
                                                LETTER addressed to Judge Sidney H. Stein from Brachah Goykadosh dated June 20, 2018 re: Respectfully Providing the Court with the Portions of Kimberly Mitchell's Prior Testimony that Defendants Seek to Admit and Proposed Special Interrogatories. Document filed by John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Goykadosh, Brachah) (Entered: 06/20/2018)
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                                                  Legal Document (Payment Possibly Required) 261 Filed: 6/19/2018, Entered: None letterCourt Filing
                                                  LETTER addressed to Judge Sidney H. Stein from Julia I. Catania dated 06/19/2018 re: Application to receive court clothing for trial. Document filed by Donnell Baines. (Attachments: # 1 Text of Proposed Order)(Catania, Julia) (Entered: 06/19/2018)
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                                                    Legal Document (Payment Possibly Required) 260 Filed: 6/19/2018, Entered: None letterCourt Filing
                                                    LETTER addressed to Judge Sidney H. Stein dated June 19, 2018 re: respectfully requesting the Court's endorsement of the proposed order pursuant to standing order M10-468. Document filed by John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White. (Attachments: # 1 Text of Proposed Order)(Saavedra, Daniel) (Entered: 06/19/2018)
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                                                      Legal Document (Payment Possibly Required) 259 Filed: 6/18/2018, Entered: None letterCourt Filing
                                                      LETTER addressed to Judge Sidney H. Stein from Julia Catania dated 6/18/2018 re: Application to bring personal electronic devices and general computing devices into the courthouse on June 25, 2018 and for the duration of the trial. Document filed by Donnell Baines. (Attachments: # 1 Text of Proposed Order)(Catania, Julia) (Entered: 06/18/2018)
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                                                        Legal Document (Payment Possibly Required) 258 Filed: 6/18/2018, Entered: None OrderCourt Filing
                                                        ORDER: IT IS HEREBY ORDERED that: 1. Defendants will provide the Court with a copy of the portion of Kimberly Mitchell's prior testimony that defendants seek to admit; and 2. Plaintiff will respond to defendants' pretrial memorandum on qualified immunity and special interrogatories [ECF Doc. 257] no later than 12:00pm on Wednesday, June 20, 2018. (Signed by Judge Sidney H. Stein on 6/16/2018) (mro) (Entered: 06/18/2018)
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                                                          Legal Document (Payment Possibly Required) 257 Filed: 6/15/2018, Entered: None Pretrial Memorandum
                                                          PRETRIAL MEMORANDUM. Document filed by John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White.(Goykadosh, Brachah) (Entered: 06/15/2018)
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                                                            Legal Document (Payment Possibly Required) 256 Filed: 6/15/2018, Entered: None Notice of Filing Transcript
                                                            NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a status conference proceeding held on 5/21/2018 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.(rro) (Entered: 06/15/2018)
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                                                              Legal Document (Payment Possibly Required) 255 Filed: 6/15/2018, Entered: None transcriptCourt Filing
                                                              TRANSCRIPT of Proceedings re: status conference held on 5/21/2018 before Judge Sidney H. Stein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 7/6/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/13/2018.(rro) (Entered: 06/15/2018)
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                                                                Legal Document (Payment Possibly Required) 254 Filed: 6/14/2018, Entered: None letterCourt Filing
                                                                FIRST LETTER addressed to Judge Sidney H. Stein from Christopher S. Weddle dated June 14, 2018 re: Plaintiff's limine response to Defendants' letter of June 8, 2018 and further to the conference on June 11, 2018.. Document filed by Donnell Baines.(Weddle, Christopher) (Entered: 06/14/2018)
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                                                                  Legal Document (Payment Possibly Required) 253 Filed: 6/13/2018, Entered: None letterCourt Filing
                                                                  LETTER addressed to Judge Sidney H. Stein dated June 13, 2018 re: respectfully updating the Court regarding the issues discussed at the June 11, 2018 conference. Document filed by John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White.(Saavedra, Daniel) (Entered: 06/13/2018)
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                                                                    Legal Document (Payment Possibly Required) 252 Filed: 6/8/2018, Entered: None letterCourt Filing
                                                                    LETTER addressed to Judge Sidney H. Stein from Brachah Goykadosh dated June 8, 2018 re: Respectfully Raising Additional In Limine Issues for the Court's Attention, In Advance of the Final Pre-Trial Conference. Document filed by John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White.(Goykadosh, Brachah) (Entered: 06/08/2018)
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                                                                      Legal Document (Payment Possibly Required) 251 Filed: 5/24/2018, Entered: None Notice of appearance
                                                                      NOTICE OF APPEARANCE by Daniel Guillermo Saavedra on behalf of John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White. (Saavedra, Daniel) (Entered: 05/24/2018)
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                                                                        Legal Document (Payment Possibly Required) 250 Filed: 5/23/2018, Entered: None Notice of appearance
                                                                        NOTICE OF APPEARANCE by Brachah Goykadosh on behalf of John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White. (Goykadosh, Brachah) (Entered: 05/23/2018)
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                                                                          Legal Document (Payment Possibly Required) 249 Filed: 5/23/2018, Entered: None Order on Motion to Adjourn ConferenceCourt Filing
                                                                          ORDER: granting 247 Letter Motion to Adjourn Conference. The conferene is moved up to June 11 at 2:30 pm. SO ORDERED. Final Pretrial Conference set for 6/11/2018 at 02:30 PM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 5/23/2018) (ama) (Entered: 05/23/2018)
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                                                                            Legal Document (Payment Possibly Required) 248 Filed: 5/22/2018, Entered: None OrderCourt Filing
                                                                            ORDER: Judge Stein having referred this case back to me for settlement by order dated May 21, 2018 (Dkt. No. 246), the Court would like to discuss whether another settlement conference would be appropriate at this time. Accordingly, the Court will hold a telephone conference with counsel on May 29, 2018 at 3:00 p.m. Counsel should call chambers at 212-805-0250 at that time with both sides on the line, or otherwise provide a call-in number to the Court.(Telephone Conference set for 5/29/2018 at 03:00 PM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 5/22/2018) (rro) (Entered: 05/22/2018)
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                                                                              Legal Document (Payment Possibly Required) 247 Filed: 5/21/2018, Entered: None Adjourn ConferenceCourt Filing
                                                                              LETTER MOTION to Adjourn Conference addressed to Judge Sidney H. Stein from Julia Catania dated 5/21/2018. Document filed by Donnell Baines.(Catania, Julia) (Entered: 05/21/2018)
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                                                                                Legal Document (Payment Possibly Required) 246 Filed: 5/21/2018, Entered: None Order Referring Case to Magistrate JudgeCourt Filing
                                                                                ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/21/2018) (ama) (Entered: 05/21/2018)
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                                                                                  Legal Document (Payment Possibly Required) 245 Filed: 5/21/2018, Entered: None OrderCourt Filing
                                                                                  ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that: 1. The June 25 conference is moved up to June 12, 2018, at 2:30 p.m.; and 2. The trial of this action will be held on June 25, 2018, at 9:30 a.m. SO ORDERED., ( Final Pretrial Conference set for 6/12/2018 at 02:30 PM before Judge Sidney H. Stein., Jury Trial set for 6/25/2018 at 09:30 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 5/21/2018) (ama) (Entered: 05/21/2018)
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                                                                                    Legal Document (Payment Possibly Required) 244 Filed: 5/18/2018, Entered: None Writ of Habeas Corpus Ad Testificandum IssuedCourt Filing
                                                                                    WRIT OF HABEAS CORPUS AD TESTIFICANDUM: We command that SUPERINTENDANT JOHN COLVIN have the body of DONNELL BAINES (13-A-2136), who is currently detained in Five Points Correctional Facility, Romulus, New York, in the custody of the New York State Department of Corrections and Community Supervision, to be brought under safe and secure conduct to the Metropolitan Correctional Center, 150 Park Row, New York, New York on or before June 11, 2018, for the purpose of ensuring that the inmate has arrived in New York City and is prepared and ready for trial to begin on June 25, 2018, and placed into the temporary custody of SHIRLEY SKIPPER-SCOTT; and that the UNITED STATES MARSHAL shall, pursuant to 18 U.S.C. ??3621(d), transport DONNELL BAINES from the Metropolitan Correctional Center to Courtroom 23A of the United States Courthouse, 500 Pearl Street, New York, New York, on June 25, 2018, and each succeeding day to attend the trial, and shall return DONNELL BAINES to the Metropolitan Correctional Center at any luncheon or other extended recess and at the conclusion of each day; and thereafter, upon satisfaction of the Writ by the Court, that DONNELL BAINES shall be returned under safe and secure custody to ANTHONY J. ANNUCCI; and,that the DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE UNITED STATES MARSHAL, and THE UNITED STATES BUREAU OF PRISONS shall each bear their respective costs of implementation of the terms of this Writ.(Signed by Judge Sidney H. Stein on 5/17/2018) (ama) (Entered: 05/18/2018)
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                                                                                      Legal Document (Payment Possibly Required) 243 Filed: 5/17/2018, Entered: None OrderCourt Filing
                                                                                      ORDER: IT IS HEREBY ORDERED that there will be a conference in Courtroom 23A on Monday, May 21, 2018, at 10:00 a.m., to discuss the status of this matter. SO ORDERED., ( Status Conference set for 5/21/2018 at 10:00 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 5/17/2018) (ama) (Entered: 05/17/2018)
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                                                                                        Legal Document (Payment Possibly Required) 242 Filed: 5/16/2018, Entered: None Memorandum of Law in Support of Motion
                                                                                        MEMORANDUM OF LAW in Support re: 241 MOTION for Writ of Habeas Corpus ad testificandum as to Donnell Baines . . Document filed by Donnell Baines. (Catania, Julia) (Entered: 05/16/2018)
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                                                                                          Legal Document (Payment Possibly Required) 241 Filed: 5/16/2018, Entered: None Writ of Habeas Corpus ad testificandum
                                                                                          MOTION for Writ of Habeas Corpus ad testificandum as to Donnell Baines . Document filed by Donnell Baines. (Attachments: # 1 Text of Proposed Order Writ of Habeas Corpus Ad Testificandum)(Catania, Julia) (Entered: 05/16/2018)
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                                                                                            Legal Document (Payment Possibly Required) 240 Filed: 4/17/2018, Entered: None Unknown Document TypeCourt Filing
                                                                                            ORDER: This matter has been reassigned to this Court for all purposes. IT IS HEREBY ORDERED that: 1. The final pretrial conference will be held as scheduled on June 25, 2018, at 2:30 p.m.; and 2. The trial of this action will begin on June 26, 2018, at 9:30 a.m. (Final Pretrial Conference set for 6/25/2018 at 02:30 PM before Judge Sidney H. Stein., Jury Trial set for 6/26/2018 at 09:30 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 4/12/2018) (cf) (Entered: 04/17/2018)
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                                                                                              Legal Document (Payment Possibly Required) 239 Filed: 3/22/2018, Entered: None Unknown Document TypeCourt Filing
                                                                                              ORDER granting 238 Letter Motion to Adjourn Conference and Trial. Counsel should have moved for an adjournment sooner. Nevertheless, in the interests of promoting and accommodating Mr. Baines's pursuit of a degree, the motion is granted. The final pretrial conference is hereby ADJOURNED to June 25, 2018, at 2:30 p.m. Unless and until the Court orders otherwise, the trial will begin on June 26, 2018, at 9:00 a.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/22/2018)
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                                                                                                Legal Document (Payment Possibly Required) 238 Filed: 3/22/2018, Entered: None Unknown Document TypeCourt Filing
                                                                                                FIRST LETTER MOTION to Adjourn Conference and trial which is currently scheduled to commence with jury selection on May 8, 2018 addressed to Judge Jesse M. Furman from Christopher Weddle dated March 22, 2018. Document filed by Donnell Baines.(Weddle, Christopher) (Entered: 03/22/2018)
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                                                                                                  Legal Document (Payment Possibly Required) 237 Filed: 3/2/2018, Entered: None Unknown Document Type
                                                                                                  MANDATE of USCA (Certified Copy) as to 214 Notice of Appeal filed by Donnell Baines. USCA Case Number 17-2940. Appellant, pro se, moves for in forma pauperis status. This Court has determined sua sponte that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. ?? 1291. See Petrello v. White, 533 F.3d 110, 113 (2d Cir. 2008). Upon due consideration, it is hereby ORDERED that the appeal is DISMISSED. It is further ORDERED that Appellant's motion is DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/02/2018. (nd) (Entered: 03/02/2018)
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                                                                                                    Legal Document (Payment Possibly Required) 236 Filed: 2/27/2018, Entered: None Unknown Document TypeCourt Filing
                                                                                                    SCHEDULING ORDER: It is hereby ORDERED that counsel for all remaining parties shall appear for a final pretrial conference on May 3, 2018, at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The final pretrial conference must be attended by the attorney who will serve as principal trial counsel. It is FURTHER ORDERED that, unless and until the Court orders otherwise (e.g., if there is need to schedule a felony criminal trial), the trial will begin on May 8, 2018, at 9:00 a.m. Counsel should familiarize themselves with the Court's Individual Rules and Practices for Trials, available at http://nysd.uscourts.gov/cases/show.php?db=judge_info&id=1046. (Final Pretrial Conference set for 5/3/2018 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Trial set for 5/8/2018 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/27/2018) (ras) (Entered: 02/27/2018)
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                                                                                                      Legal Document (Payment Possibly Required) 235 Filed: 2/26/2018, Entered: None Unknown Document Type
                                                                                                      FIRST MEMORANDUM OF LAW in Opposition re: 227 MOTION in Limine . . Document filed by Donnell Baines. (Weddle, Christopher) (Entered: 02/26/2018)
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                                                                                                        Legal Document (Payment Possibly Required) 234 Filed: 2/26/2018, Entered: None Unknown Document Type
                                                                                                        MEMORANDUM OF LAW in Opposition re: 230 MOTION in Limine . . Document filed by John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White. (Englert, Eviana) (Entered: 02/26/2018)
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                                                                                                          Legal Document (Payment Possibly Required) 233 Filed: 2/23/2018, Entered: None Unknown Document TypeCourt Filing
                                                                                                          ORDER granting 232 Letter Motion for Extension of Time to File oppositions to motions in limine. The deadline for both sides is extended to February 26, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 02/23/2018)
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                                                                                                            Legal Document (Payment Possibly Required) 232 Filed: 2/23/2018, Entered: None Unknown Document TypeCourt Filing
                                                                                                            SECOND LETTER MOTION for Extension of Time to File Memorandum in opposition to the motions in limine addressed to Judge Jesse M. Furman from Christopher S. Weddle dated February 23, 2018. Document filed by Donnell Baines.(Weddle, Christopher) (Entered: 02/23/2018)
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                                                                                                              Legal Document (Payment Possibly Required) 231 Filed: 2/16/2018, Entered: None Unknown Document Type
                                                                                                              FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine Memorandum of Law. Document filed by Donnell Baines.(Catania, Julia) Modified on 4/16/2018 (ldi). (Entered: 02/16/2018)
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                                                                                                                Legal Document (Payment Possibly Required) 230 Filed: 2/16/2018, Entered: None Unknown Document Type
                                                                                                                MOTION in Limine . Document filed by Donnell Baines.(Catania, Julia) (Entered: 02/16/2018)
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                                                                                                                  Legal Document (Payment Possibly Required) 229 Filed: 2/16/2018, Entered: None Unknown Document Type
                                                                                                                  JOINT PRETRIAL STATEMENT Joint Pretrial Order. Document filed by Donnell Baines. (Attachments: # 1 Joint Proposed Voir Dire Questions, # 2 Joint Proposed Jury Verdict Form, # 3 Joint Request to Charge)(Catania, Julia) (Entered: 02/16/2018)
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                                                                                                                    Legal Document (Payment Possibly Required) 228 Filed: 2/16/2018, Entered: None Unknown Document Type
                                                                                                                    MEMORANDUM OF LAW in Support re: 227 MOTION in Limine . . Document filed by John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White. (Englert, Eviana) (Entered: 02/16/2018)
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                                                                                                                      Legal Document (Payment Possibly Required) 227 Filed: 2/16/2018, Entered: None Unknown Document Type
                                                                                                                      MOTION in Limine . Document filed by John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White.(Englert, Eviana) (Entered: 02/16/2018)
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                                                                                                                        Legal Document (Payment Possibly Required) 226 Filed: 2/15/2018, Entered: None Unknown Document Type
                                                                                                                        NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Julia Italia Catania on behalf of Donnell Baines (Catania, Julia) (Entered: 02/15/2018)
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                                                                                                                          Legal Document (Payment Possibly Required) 225 Filed: 1/10/2018, Entered: None Unknown Document TypeCourt Filing
                                                                                                                          ORDER granting 224 Letter Motion for Extension of Time to File Pre-Trial Materials. The deadline for submission of the Joint Pretrial Order and related materials is hereby EXTENDED to February 16, 2018, at 5:00 p.m. The deadline for submission of oppositions to any motions in limine is hereby EXTENDED to February 23, 2018, at 5:00 p.m. The Court notes that given its current calendar, trial in this matter may not be held until April or even later. If the parties want an earlier trial or a date certain (recognizing that felony criminal trials take precedence over civil trials), they should consider consenting to the jurisdiction of the designated Magistrate Judge for all purposes. If all parties consent, they should submit the relevant form to the Orders and Judgments Clerk for the Court to so order. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 01/10/2018)
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                                                                                                                            Legal Document (Payment Possibly Required) 224 Filed: 1/10/2018, Entered: None Unknown Document TypeCourt Filing
                                                                                                                            FIRST LETTER MOTION for Extension of Time to submit a Joint Pretrial Order and related materials addressed to Judge Jesse M. Furman from Christopher S. Weddle dated January 10, 2018. Document filed by Donnell Baines.(Weddle, Christopher) (Entered: 01/10/2018)
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                                                                                                                              Legal Document (Payment Possibly Required) 223 Filed: 12/22/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                              ORDER: It is HEREBY ORDERED that, in accordance with Paragraph 5(A) of the Court's Individual Rules and Practices for Civil Cases (available at http://nysd.uscourts.gov/judge/Furman), the parties shall submit a proposed joint pretrial order to the Court by PDF attachment to an e-mail by January 31, 2018, at 5:00 p.m. It is FURTHER ORDERED that, in accordance with Paragraph 5(C) of the Court's Individual Rules and Practices for Civil Cases, the parties shall provide to the Court by January 31, 2018, an electronic copy of each exhibit sought to be admitted. It is FURTHER ORDERED that, in accordance with Paragraph 5(F) of the Court's Individual Rules and Practices for Civil Cases, by February 7, 2018, at 5:00 p.m., the parties shall file, if necessary, any opposition to any motion in limine; and any opposition to any legal argument in a pretrial memorandum, and as further set forth herein. (Motions due by 2/7/2018. Proposed Pretrial Order due by 1/31/2018.) (Signed by Judge Jesse M. Furman on 12/21/2017) (ras) (Entered: 12/22/2017)
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                                                                                                                                Legal Document (Payment Possibly Required) 222 Filed: 12/20/2017, Entered: None Unknown Document Type
                                                                                                                                NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Christopher Scott Weddle on behalf of Donnell Baines (Weddle, Christopher) (Entered: 12/20/2017)
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                                                                                                                                  Legal Document (Payment Possibly Required) 221 Filed: 10/23/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                  ORDER granting 220 Letter Motion for Conference. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Cott, James) (Entered: 10/23/2017)
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                                                                                                                                    Legal Document (Payment Possibly Required) 220 Filed: 10/23/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                    LETTER MOTION for Conference, for the individual defendants to be be excused from attending the upcoming settlement conference addressed to Magistrate Judge James L. Cott from Eviana Englert dated October 23, 2017. Document filed by John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White.(Englert, Eviana) (Entered: 10/23/2017)
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                                                                                                                                      Legal Document (Payment Possibly Required) 219 Filed: 10/5/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                      LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 9/28/2017 re: Request for settlement conference. Document filed by Donnell Baines.(kgo) (Entered: 10/05/2017)
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                                                                                                                                        Legal Document (Payment Possibly Required) 218 Filed: 10/3/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                        ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for 10/30/2017 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 10/3/2017) Copies Mailed By Chambers. (kgo) (Entered: 10/03/2017)
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                                                                                                                                          Legal Document (Payment Possibly Required) 217 Filed: 10/3/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                          ORDER: IT IS HEREBY ORDERED: that the Superintendent or other official in charge of the Five Points Correctional Facility, located in Romulus, New York, produce inmate Donnell Baines, DIN #13-A-2236, at a location within the facility with telephone conference capabilities for his participation in a telephonic conference with the Court on October 30, 2017, commencing at 10:00 A.M. until such a time that the conference is completed. A copy of this Order has been mailed to Plaintiff Donnell Baines. Telephone Conference set for 10/30/2017 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 10/3/2017) Copies Mailed By Chambers. (kgo) (Entered: 10/03/2017)
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                                                                                                                                            Legal Document (Payment Possibly Required) 216 Filed: 10/3/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                            LETTER addressed to Magistrate Judge James L. Cott from Eviana Englert dated October 3, 2017 re: Settlement Conference scheduled for October 30, 2017 at 10:00 a.m.. Document filed by John Christman, Peter Guyheen, Joseph Leonard, Odonoghue, Brian White. (Attachments: # 1 Text of Proposed Order)(Englert, Eviana) (Entered: 10/03/2017)
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                                                                                                                                              Legal Document (Payment Possibly Required) 215 Filed: 9/26/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                              MEMORANDUM OPINION AND ORDER re: 213 LETTER addressed to Judge Jesse M. Furman from Donnell Baines, dated 9/6/17 re: Plaintiff requests that the Court grant him relief pursuant to Fed.R.Civ.P. Rule 60(b); or that the Court reverse that portion of its 8/9/17 Order which deprives Baines of his right to appeal in forma pauperis, or that the Court provide him with reasons pursuant to Fed.R.App.P. Rule 24(3)(A) & (4) for its certification etc. To the extent that Baines seeks reconsideration of the Court's certification, the request is denied. Under normal circumstances, "[w]here a notice of appeal has been filed...the district court is divested of 'control over those aspects of the case involved in the appeal.'" Hoffenberg v. United States, No. 00-CV-1686 (RWS), 2004 WL 2338144, at *2-3 (S.D.N.Y. Oct. 18, 2004) (quoting Marrese v. Am. Academy of Orthopaedic Surgeons, 470 U.S. 373, 379 (1985)). "Where, however, a notice of appeal has been filed from an order that is non-appealable, jurisdiction does not rest with the Court of Appeals but remains with the district court." Id. (citing cases). Accordingly, the Court retains jurisdiction over this case in all respects, and all existing dates and deadlines (including the September 29, 2017 deadline to contact the Chambers of Magistrate Judge Cott to schedule a settlement conference as soon as possible (Opinion at 8) remain in effect. The Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Order would not be taken in good faith (for the same reasons), and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to Plaintiff, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/26/2017) (ras) (Entered: 09/26/2017)
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                                                                                                                                                Legal Document (Payment Possibly Required) 214 Filed: 9/19/2017, Entered: None Unknown Document Type
                                                                                                                                                NOTICE OF APPEAL from 211 Memorandum & Opinion, Add and Terminate Parties. Document filed by Donnell Baines. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 09/20/2017)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 213 Filed: 9/19/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                  LETTER addressed to Judge Jesse M. Furman from Donnell Baines, dated 9/6/17 re: Plaintiff requests that the Court grant him relief pursuant to Fed.R.Civ.P. Rule 60(b); or that the Court reverse that portion of its 8/9/17 Order which deprives Baines of his right to appeal in forma pauperis, or that the Court provide him with reasons pursuant to Fed.R.App.P. Rule 24(3)(A) & (4) for its certification etc. Document filed by Donnell Baines.(sc) (Entered: 09/20/2017)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 212 Filed: 8/9/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                    ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. The parties are directed to contact the chambers of Magistrate Judge Cott no later than one week after pro bono counsel enters a notice of appearance or September 29, 2017, whichever is earlier, to schedule a settlement conference. (Signed by Judge Jesse M. Furman on 8/9/2017) (ras) (Entered: 08/09/2017)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 211 Filed: 8/9/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                      MEMORANDUM OPINION AND ORDER re: 187 MOTION for Summary Judgment, filed by Brian White, Michael Delmerico, Peter Guyheen, Chris McNerney, John Christman, Odonoghue, Joseph Cutrone, Joseph Leonard. The Court grants summary judgment with respect to (1) Baines's claims against Officers Delmerico, McNerney, and Cutrone; and (2) his claim against Officer O'Donoghue with respect to the initial alleged unlawful entry (and related allegations). Otherwise, Defendants' motion for summary judgment is denied. By separate Order to be entered today, the Court is referring the case for settlement-purposes only to the assigned Magistrate Judge (the Honorable James L. Cott). No later than one week after pro bono counsel enters a notice of appearance or September 29, 2017, whichever is earlier, the parties shall contact the Chambers of Magistrate Judge Cott to schedule a settlement conference as soon as possible. In the event that the case does not settle, the Court will issue a further Order with respect to the timing and procedures leading up to trial (the details of which will depend on whether Baines is represented or not). The Clerk of Court is directed to terminate Docket No. 187; to terminate Officers Delmerico, McNerney, and Cutrone as Defendants; and to mail Baines a copy of this Opinion and Order. This Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Chris McNerney (Shield #11264, Individually and as Police Officer for the City of New York), Joseph Cutrone (Shield #1168, Individually and as a Police Officer for the City of New York) and Michael Delmerico (Shield #1138, Individually and as a Police Officer for the City of New York) terminated.) (Signed by Judge Jesse M. Furman on 8/9/2017) (ras) (Entered: 08/09/2017)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 210 Filed: 12/13/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                        LETTER addressed to Judge Jesse M. Furman from Donnell Baines, dated 12/9/16 re: Plaintiff requests that the Court grant him permission to submit a new Local Civil Rule 56.1 Statement, in the event that this Court finds that the one previously submitted is insufficient. Document filed by Donnell Baines.(sc) (Entered: 12/14/2016)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 209 Filed: 12/9/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                          LETTER addressed to Judge Jesse M. Furman from Donnell Baines, dated 11/29/16 re: Plaintiff requests that the Court grant him leave to submit a sur-reply to the defendants' Reply Memorandum of Law in Further Support of Motion for Summary Judgment. Document filed by Donnell Baines.(sc) (Entered: 12/12/2016)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 208 Filed: 11/23/2016, Entered: None Unknown Document Type
                                                                                                                                                            REPLY MEMORANDUM OF LAW in Support re: 187 MOTION for Summary Judgment . . Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Affidavit of Service)(Englert, Eviana) (Entered: 11/23/2016)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 207 Filed: 11/10/2016, Entered: None Unknown Document Type
                                                                                                                                                              DECLARATION of Donnell Baines IN OPPOSITION TO THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; re: 187 MOTION for Summary Judgment . Document filed by Donnell Baines. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(sc) (Entered: 11/14/2016)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 206 Filed: 11/10/2016, Entered: None Unknown Document Type
                                                                                                                                                                PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT PURS. TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 56; re: 187 MOTION for Summary Judgment . Document filed by Donnell Baines. (sc) (Entered: 11/11/2016)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 205 Filed: 11/10/2016, Entered: None Unknown Document Type
                                                                                                                                                                  STATEMENT PURS. TO LOCAL CIVIL RULE 56.1. Document filed by Donnell Baines. (sc) (Entered: 11/11/2016)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 204 Filed: 11/2/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                    LETTER addressed to Judge Jesse M. Furman from Donnell Baines, dated 10/25/16 re: Plaintiff requests that the Court grant an extension of time to submit his Opposition to the Defendants' Motion for Summary Judgment. Document filed by Donnell Baines.(sc) (Entered: 11/02/2016)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 203 Filed: 10/27/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                      ENDORSED LETTER to Magistrate Judge James L. Cott from Patricia Cauldwell dated 10/27/2016 re: Please take notice that on October 21,2016, T-Mobile transmitted via UPS a full and complete subpoena response to plaintiff Donnell Baines at Five Points Correctional Facility; denying as moot 199 Letter Motion to Compel. ENDORSEMENT: In light of T-Mobile's response to plaintiff's subpoena, the Court hereby denies plaintiff's motion to compel as moot. The Clerk is directed to close Docket No. 199. A copy of this endorsement order has been sent to Plaintiff. (Signed by Magistrate Judge James L. Cott on 10/27/2016) Copies Sent By Chambers. (kgo) (Entered: 10/27/2016)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 202 Filed: 10/6/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                        MEMO ENDORSEMENT on re: 201 Letter filed by Donnell Baines. ENDORSEMENT: The application is GRANTED. Accordingly, the deadline for Plaintiff's opposition papers is extended to October 26, 2016. Plaintiff is advised that any future applications or the like with respect to the summary judgment motion should be addressed to the undersigned, not to Magistrate Judge Cott, as the motion has not been referred to him. The Clerk of Court is directed to mail a copy of this endorsed letter to Plaintiff. SO ORDERED. (Responses due by 10/26/2016) (Signed by Judge Jesse M. Furman on 10/5/2016) (kl) (Entered: 10/06/2016)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 201 Filed: 10/3/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                          LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 9/26/2016 re: Extension of time to file opposition to Summary Judgment motion. Document filed by Donnell Baines. (kgo) (Entered: 10/03/2016)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 200 Filed: 9/29/2016, Entered: None Unknown Document Type
                                                                                                                                                                            MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR AN ORDER COMPELLING COMPLIANCE WITH THE SUBPOENA DUCES TECUM & FOR AN ORDER HOLDING T-MOBILE IN CONTEMPT, PURS. TO FEDERAL RULES OF CIVIL PROCEDURE RULES 37 & 45(d), (f) & (g); re: 199 MOTION to Compel T-Mobile Wireless to Comply with Subpoena Duces Tecum. Document filed by Donnell Baines. (sc) (Entered: 09/29/2016)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 199 Filed: 9/29/2016, Entered: None Unknown Document Type
                                                                                                                                                                              NOTICE OF MOTION TO COMPEL COMPLIANCE WITH SUBPOENA DUCES TECUM & TO HOLD THE WIRELESS PROVIDER T-MOBILE IN CONTEMPT FED.R.CIV.P. RULE 37 & 45(d)(g) & (f). Document filed by Donnell Baines.(sc) (Entered: 09/29/2016)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 198 Filed: 9/20/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                ORDER: Having reviewed plaintiff's letter to the Court dated August 31, 2016, requesting reconsideration of his motion to extend the discovery deadline (Dkt. No. 195), and Defendants' letter response dated September 19, 2016 (Dkt. No. 197), the Court denies the request for reconsideration. Plaintiff has been provided typewritten copies of defendants' memo books, and that is sufficient in these circumstances to provide the information he is seeking. This case needs to move forward, and, except for the issue related to the T-Mobile subpoena, discovery is hereby deemed completed. (Signed by Magistrate Judge James L. Cott on 9/20/2016) Copies Mailed By Chambers. (kgo) (Entered: 09/20/2016)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 197 Filed: 9/19/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                  LETTER addressed to Magistrate Judge James L. Cott from Eviana Englert dated September 19, 2016 re: defendants' opposition to plaintiff's letter, dated August 31, 2016, requesting that the Court reconsider plaintiff's motion for an extension of the discovery deadline. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White.(Englert, Eviana) (Entered: 09/19/2016)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 196 Filed: 9/14/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                    ORDER: Donnell Baines submitted a letter to the Court, dated August 31, 2016, requesting reconsideration of Plaintiff's motion to extend the discovery deadline by 30 days. (Dkt. No. 195). The Court directs Defendants to file a response to Plaintiff's letter no later than September 19, 2016 at 5:00 p.m. (Signed by Magistrate Judge James L. Cott on 9/14/2016) (kgo) (Entered: 09/14/2016)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 195 Filed: 9/13/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                      LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 8/31/2016 re: I write this letter seeking reconsideration of Plaintiff's motion for an extension of the discovery deadline in order to develop the necessary facts in this case. Document filed by Donnell Baines. (kgo) (Entered: 09/14/2016)
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 194 Filed: 9/9/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                        LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 8/29/2016 re: write this letter to move this Court for an Order requiring the wireless provider T-Mobile, to produce and to permit the Plaintiff to inspect and to copy all documents in the categories described in the attached copy of the subpoena duces tecum issued. Document filed by Donnell Baines. (kgo) (Entered: 09/09/2016)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 193 Filed: 9/9/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                          ORDER: The Court has received a letter from plaintiff Donnell Baines dated August 29, 2016 (which the Court will docket) that it construes as a letter-motion to compel non-party T-Mobile to comply with a subpoena that Baines had previously served on T-Mobile. The Court hereby directs T-Mobile to respond to the letter-motion no later than September 23, 2016. Responses due by 9/23/2016 (Signed by Magistrate Judge James L. Cott on 9/9/2016) Copies Mailed By Chambers. (kgo) (Entered: 09/09/2016)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 192 Filed: 9/2/2016, Entered: None Unknown Document Type
                                                                                                                                                                                            AFFIDAVIT OF SERVICE of Motion for Summary Judgment served on Donnell Baines on September 2, 2016. Service was made by Mail. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Englert, Eviana) (Entered: 09/02/2016)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 191 Filed: 9/2/2016, Entered: None Unknown Document Type
                                                                                                                                                                                              MEMORANDUM OF LAW in Support re: 187 MOTION for Summary Judgment . . Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Englert, Eviana) (Entered: 09/02/2016)
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 190 Filed: 9/2/2016, Entered: None Unknown Document Type
                                                                                                                                                                                                DECLARATION of Eviana Englert in Support re: 187 MOTION for Summary Judgment .. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Englert, Eviana) (Entered: 09/02/2016)
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 189 Filed: 9/2/2016, Entered: None Unknown Document Type
                                                                                                                                                                                                  RULE 56.1 STATEMENT. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Englert, Eviana) (Entered: 09/02/2016)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 188 Filed: 9/2/2016, Entered: None Unknown Document Type
                                                                                                                                                                                                    NOTICE of Motion Pursuant to Local Civil Rule 56.2 re: 187 MOTION for Summary Judgment .. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Englert, Eviana) (Entered: 09/02/2016)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 187 Filed: 9/2/2016, Entered: None Unknown Document Type
                                                                                                                                                                                                      MOTION for Summary Judgment . Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. Responses due by 10/3/2016(Englert, Eviana) (Entered: 09/02/2016)
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 186 Filed: 8/26/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                        ORDER denying 180 Letter Motion to Compel. The Court denies Defendants' request. As stated above, Defendants' request to compel the production of this information is untimely. Given Baines' pro se status, he should be permitted to pursue resolution of this subpoena by filing a motion to compel if he has not received a response (assuming the subpoena was properly served) and the Court will grant him until September 23, 2016 to do so, after which date he will have waived his right to enforce the subpoena. In light of the current posture of the case, the Court finds that a determination of Baines' eligibility for appointment of counsel is not appropriate at this time. The Court accordingly denies Baines' request for appointment of counsel without prejudice to renewal before Judge Furman after Defendants' summary judgment motion has been adjudicated. The Clerk of the Court is directed to close Docket Entry Number 180. (Signed by Magistrate Judge James L. Cott on 8/26/2016) Copies Mailed By Chambers. (kgo) (Entered: 08/26/2016)
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                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 185 Filed: 8/19/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                          LETTER addressed to Magistrate Judge James L. Cott from Eviana Englert dated August 19, 2016 re: Opposition to Plaintiff's Request for an Extension of Discovery. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Englert, Eviana) (Entered: 08/19/2016)
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 184 Filed: 8/18/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                            ORDER: Donnell Baines submitted a letter to the Court, dated August 4, 2016, requesting an extension of the discovery deadline by 30 days. (Dkt. No. 182). The Court directs Defendants to file a response to Plaintiff's letter no later than August 19, 2016 at 5:00 p.m. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 8/18/2016) Copies Mailed By Chambers. (kl) (Entered: 08/18/2016)
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 183 Filed: 8/18/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                              LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 8/11/2016 re: I write to respond to the Defendants' request for an Order. Document filed by Donnell Baines.(kl) (Entered: 08/18/2016)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 182 Filed: 8/9/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 8/4/2016 re: I am writing this Court to request both that discovery be extended for an additional thirty (30) days as there is outstanding discovery the Plaintiff needs to substantiate his claim, and to request that this Court assign counsel from the pro bono panel. Document filed by Donnell Baines. (kgo) Modified on 8/10/2016 (kgo). (Entered: 08/10/2016)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 181 Filed: 8/10/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                  LETTER addressed to Judge Jesse M. Furman from Eviana Englert dated August 10, 2016 re: defendants' motion for partial summary judgment pursuant to Fed. R. Civ. P. 56 in the instant matter. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Englert, Eviana) (Entered: 08/10/2016)
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 180 Filed: 8/3/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                    LETTER MOTION to Compel plaintiff to produce outstanding discovery addressed to Magistrate Judge James L. Cott from Eviana Englert dated August 3, 2016. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Englert, Eviana) (Entered: 08/03/2016)
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                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 179 Filed: 7/22/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                      ORDER: Per Magistrate Judge Cott's July 8, 2016 Order, discovery in this case is set to close on August 3, 2016. (See Docket Nos. 177, 178). The parties are reminded that, pursuant to the Court's July 13, 2015 Order (Docket No. 116), each party must file a letter with the Court indicating whether the party intends to file a motion for summary judgment in the case no later than seven days after the close of discovery. Any motion for summary judgment must be filed and served within 30 days of the close of discovery. If a motion is filed, any opposition must be filed and served within 30 days of the motion being filed. Reply papers, if any, must be filed and served within two weeks of the opposition is filed. If defendant files a motion for summary judgment, it shall provide plaintiff with a "Notice For Pro Se Litigants Regarding Opposition to a Summary Judgment Motion" pursuant to Local Civil Rule 56.2. At the time any reply is served, the moving party shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre St., New York, New York. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. (Signed by Judge Jesse M. Furman on 7/22/2016) (tn) (Entered: 07/22/2016)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 178 Filed: 7/8/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                        ORDER: IT IS HEREBY ORDERED: that the Superintendent or other official in charge of the Five Points Correctional Facility, located in Romulus, NY, produce inmate Donnell Baines, DIN #13-A-2236, at a location within the facility with video conference capabilities for the taking of his deposition on August 3, 2016, at 10:00 A.M. and for so long thereafter as the deposition continues. Deposition due by 8/3/2016. (Signed by Magistrate Judge James L. Cott on 7/8/2016) (kgo) (Entered: 07/08/2016)
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                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 177 Filed: 7/8/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                          ORDER granting 176 Letter Motion for Extension of Time to Complete Discovery. Application granted and discovery extended to August 3 for the sole purpose of completing plaintiff's deposition. A separate order will issue. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Cott, James) (Entered: 07/08/2016)
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 176 Filed: 7/8/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                            LETTER MOTION for Extension of Time to Complete Discovery for the sole purpose of completing plaintiff's deposition addressed to Magistrate Judge James L. Cott from Eviana Englert dated July 8, 2016. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Text of Proposed Order)(Englert, Eviana) (Entered: 07/08/2016)
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                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 175 Filed: 6/28/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                              MEMO ENDORSEMENT on re: 174 Letter, filed by Donnell Baines. ENDORSEMENT: The Court previously signed an Order (Dkt. No. 171) directing that Plaintiff be produced for his deposition on July 7. Having just received this letter - in which Plaintiff seeks to avoid having his deposition taken on Tuesdays or Thursdays as those are the days he attends college courses, the Court hereby directs the parties to meet and confer to see whether an accommodation can be worked out - given that July 7 is a Thursday. If the parties can work out alternative arrangements, the Court will sign an order rescheduling the deposition. (Signed by Magistrate Judge James L. Cott on 6/28/2016) (kgo) (Entered: 06/28/2016)
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                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 174 Filed: 6/27/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 6/16/16 re: Plaintiff requests that upon the rescheduling of the previously ordered deposition of the plaintiff, that the Court allow only certain days to be used for depsition. Document filed by Donnell Baines.(sc) (Entered: 06/27/2016)
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                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 173 Filed: 6/17/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                  ORDER granting 172 Letter Motion for Extension of Time. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Cott, James) (Entered: 06/17/2016)
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 172 Filed: 6/17/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                    LETTER MOTION for Extension of Time for defendant McNerney to swear to his response to both mailings of "Plaintiffs First Set of Interrogatories" addressed to Magistrate Judge James L. Cott from Eviana Englert dated June 17, 2016. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White.(Englert, Eviana) (Entered: 06/17/2016)
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                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 171 Filed: 6/15/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                      ORDER granting 169 Letter Motion for Extension of Time to Complete Discovery. IT IS HEREBY ORDERED: (1) that the Superintendent or other official in charge of the Five Points Correctional Facility, located in Romulus, NY, produce inmate Donnell Baines, DIN #13-A-2236, at a location within the facility with video conference capabilities for the taking of his deposition on July 7, 2016, at 10:00 A.M. (As further set forth in this Order.) Deposition due by 7/7/2016. (Signed by Magistrate Judge James L. Cott on 6/15/2016) (kgo) (Entered: 06/15/2016)
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 170 Filed: 6/14/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                        ORDER: The Court directs the Clerk of Court to issue Baines a new subpoena to T-Mobile, directing them to produce the documents that Baines lists in his June 9 letter. (Dkt. No. 169, at 2). (As further set forth in this Order.) (Signed by Magistrate Judge James L. Cott on 6/14/2016) Copies Mailed By Chambers. (kgo) Modified on 6/14/2016 (kgo). (Entered: 06/14/2016)
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 169 Filed: 6/14/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                          LETTER MOTION for Extension of Time to Complete Discovery for the sole purpose of completing plaintiff's deposition addressed to Magistrate Judge James L. Cott from Eviana Englert dated June 14, 2016. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Text of Proposed Order)(Englert, Eviana) (Entered: 06/14/2016)
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 168 Filed: 6/10/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                            LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 6/3/2016 re: I write to this Court requesting its assistance in obtaining certain documents relevant and necessary for the fair determination of this action. Document filed by Donnell Baines. (kgo) (Entered: 06/10/2016)
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                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 167 Filed: 6/9/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                              ORDER granting 166 Letter Motion for Extension of Time. Application granted. The responses may be served together by June 17. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Cott, James) (Entered: 06/09/2016)
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                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 166 Filed: 6/9/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                LETTER MOTION for Extension of Time for defendants to respond to both mailings of "Plaintiff's First Set of Interrogatories" to the eight individually-named defendants as a single response addressed to Magistrate Judge James L. Cott from Eviana Englert dated June 9, 2016. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White.(Englert, Eviana) (Entered: 06/09/2016)
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                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 165 Filed: 6/2/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                  ORDER: Upon the application of defendant for leave to take the deposition of plaintiff Donnell Baines, an inmate within the New York State Department of Corrections and Community Supervision, and the Court having granted leave for the taking of plaintiff's deposition pursuant to Rule 30(a)(2)(B) of the Federal Rules of Civil Procedure: IT IS HEREBY ORDERED: (1) that the Superintendent or other official in charge of the Five Points Correctional Facility, located in Romulus, NY, produce inmate Donnell Baines, DIN #13-A-2236, at a location within the facility with video conference capabilities for the taking of his deposition on June 15, 2016, at 10:00 A.M. and for so long thereafter as the deposition continues; (2) that plaintiff appear in such place as designated by the Superintendent or other official in charge of the Five Points Correctional Facility so that his deposition may be taken; (3) that the attorneys for defendants be allowed to use the Court's video conference facilities on June 15, 2016; and (4) that a court reporter designated by defendants be allowed to bring stenography equipment into the Court at the above-reference time in order to transcribe the deposition. ( Deposition due by 6/15/2016.) (Signed by Magistrate Judge James L. Cott on 6/2/2016) (mro) (Entered: 06/02/2016)
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                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 164 Filed: 5/27/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                    MEMORANDUM ORDER: For the reasons set out above, the Court instructs Defendants to refrain, in any continued deposition, from asking additional questions about persons with whom Baines lived or had romantic or sexual relationships before his involvement with Mitchell. The Court denies Baines' other requests for relief. Finally, the Court hereby extends the deadline for discovery from June 3, 2016 to June 17, 2016 to allow Defendants to reschedule and complete Baines' continued deposition. (As further set forth in this Order.) Discovery due by 6/17/2016. (Signed by Magistrate Judge James L. Cott on 5/27/2016) Copies Mailed By Chambers. (kgo) (Entered: 05/27/2016)
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                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 163 Filed: 5/18/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                      LETTER addressed to Magistrate Judge James L. Cott from Eviana Englert dated May 18, 2016 re: defendants' response to plaintiff's letter to the Court, dated May 2, 2016. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Englert, Eviana) (Entered: 05/18/2016)
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                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 162 Filed: 5/13/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                        ORDER: The Court has received a letter from Plaintiff Donnell Baines, dated May 2, 2016, which the Court has docketed. The Court notes that Baines' May 2 letter does not appear to copy counsel for Defendants and hereby directs Baines to include Defendants on all future correspondence to the Court. Baines' May 2 letter requests, inter alia, that the Court issue a protective order limiting the scope of Defendants' continued deposition of Baines, seal certain portions of the deposition testimony that he gave on April 27, 2016, and stay the continuation of his deposition, which is currently scheduled for May 18, 2016, until Baines' requests have been adjudicated. Given the issues raised by Baines' letter, the Court vacates its May 5, 2016 Order (Dkt. No. 160), which granted leave for the taking of Baines' continued deposition on May 18, 2016. The continued deposition is adjourned until further order of the Court. Defendants are directed to submit a response to Baines' May 2 letter no later than May 18, 2016. Defendants are further directed to provide the Court and Baines with copies of the transcript of the April 27 deposition by the same date. The transcript shall not be filed on the electronic docket but shall be delivered to the Court and Baines by email and mail respectively. The Court will review the parties' submissions along with the deposition transcript and determine whether to resolve Baines' requests on the basis of these submissions or whether a telephone conference will be necessary. (Signed by Magistrate Judge James L. Cott on 5/13/2016) Copies Mailed by Chambers. (mro) (Entered: 05/16/2016)
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                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 161 Filed: 5/13/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                          LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 5/2/2016 re: Plaintiff requests that this Court issue a protective order limiting the scope of the oral examination being conducted by the Defendants. Document filed by Donnell Baines.(mro) (Entered: 05/16/2016)
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                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 160 Filed: 5/5/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                            ORDER: IT IS HEREBY ORDERED: (1) that the Superintendent or other official in charge of the Five Points Correctional Facility, located in Romulus, NY, produce inmate Donnell Baines, DIN #13-A-2236, at a location within the facility with video conference capabilities for the taking of his deposition on May 18, 2016, at 10:00 A.M. and for so long thereafter as the deposition continues; (2) that plaintiff appear in such place as designated by the Superintendent or other official in charge of the Five Points Correctional Facility so that his deposition may be taken; (3) that the attorneys for defendants be allowed to use the Court's video conference facilities on May 18, 2016; and (4) that a court reporter designated by defendants be allowed to bring stenography equipment into the Court at the above-reference time in order to transcribe the deposition. (As further set forth in this Order.) (Signed by Magistrate Judge James L. Cott on 5/5/2016) (cf) (Entered: 05/05/2016)
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                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 159 Filed: 5/5/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                              LETTER addressed to Magistrate Judge James L. Cott from Eviana Englert dated May 5, 2016 re: defendants' request that the Court issue an order for the continuation of plaintiff's deposition. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit of Service)(Englert, Eviana) (Entered: 05/05/2016)
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                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 158 Filed: 5/3/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                MEMORANDUM OPINION AND ORDER: For those reasons and substantially for the reasons stated in Defendants' opposition (Docket No. 155), Plaintiff's objections are overruled and Judge Cott's rulings are affirmed in their entirety. The Clerk of Court is directed to mail a copy of this Memorandum Opinion and Order to Plaintiff. (As further set forth in this Opinion) (Signed by Judge Jesse M. Furman on 5/3/2016) (kl) (Entered: 05/03/2016)
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                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 157 Filed: 4/29/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                  LETTER addressed to Judge Jesse M. Furman from Donnell Baines dated 4/22/16 re: PLAINTIFF'S LETTER REPLY IN SUPPORT OF RULE 72(a) Objections. Document filed by Donnell Baines.(sc) (Entered: 05/02/2016)
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                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 156 Filed: 4/15/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                    ORDER: IT IS HEREBY ORDERED: (1) that the Superintendent or other official in charge of the Five Points Correctional Facility, located in Romulus, NY, produce inmate Donnell Baines, DIN #13-A-2236, at a location within the facility with video conference capabilities for the taking of his deposition on April 27, 2016, at 10:00 A.M. and for so long thereafter as the deposition continues; (2) that plaintiff appear in such place as designated by the Superintendent or other official in charge of the Five Points Correctional Facility so that his deposition may be taken; (3) that the attorneys for defendants be allowed to use the Court's video conference facilities on April 27, 2016; and (4) that a court reporter designated by defendants be allowed to bring stenography equipment into the Court at the above-reference time in order to transcribe the deposition. (As further set forth in this Order.) Deposition due by 4/27/2016. (Signed by Magistrate Judge James L. Cott on 4/15/2016) (kgo) (Entered: 04/15/2016)
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                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 155 Filed: 4/13/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                      LETTER addressed to Judge Jesse M. Furman from Eviana Englert dated April 13, 2016 re: defendants' response to plaintiff's letter objections, pursuant to Rule 72(a). Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Affidavit of Service)(Englert, Eviana) (Entered: 04/13/2016)
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                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 154 Filed: 4/5/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                        ORDER re: 153 Objection (non-motion) filed by Donnell Baines: that Defendants shall file any response to Plaintiff's letter no later than April 13, 2016, and promptly serve their response on Plaintiff. Plaintiff will then have until April 22, 2016, to submit any reply. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. (Signed by Judge Jesse M. Furman on 4/5/2016) (tn) (Entered: 04/05/2016)
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                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 153 Filed: 4/4/2016, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                          OBJECTIONS TO THE RULINGS MADE BY MAGISTRATE JUDGE; re: Proposed Findings of Fact and Recommendations and all other Rulings in this matter made during a conference on 2/22/16. Document filed by Donnell Baines. (sc) (Entered: 04/04/2016)
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                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 152 Filed: 3/8/2016, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                            NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/16 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: 03/08/2016)
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                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 151 Filed: 3/8/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                              TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2016 before Magistrate Judge James L. Cott. Court Reporter/Transcriber: Tara Jones, (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 4/1/2016. Redacted Transcript Deadline set for 4/11/2016. Release of Transcript Restriction set for 6/9/2016.(McGuirk, Kelly) (Entered: 03/08/2016)
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                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 150 Filed: 3/1/2016, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                NOTICE OF APPEARANCE by Eviana Linnea Frances Englert on behalf of John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Englert, Eviana) (Entered: 03/01/2016)
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                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 149 Filed: 2/25/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                  ORDER terminating 127 Motion for an Order to Comply; terminating 127 Motion for an Order of Contempt; terminating 135 Letter Motion to Compel Production. To the extent any other discovery issues raised in Motion #2 and Motion #4 remain open, the parties are directed to further meet and confer to attempt to resolve them. The parties may renew any applications to the Court regarding any issues that they are unable to resolve. In light of the Court's rulings, the deadline for discovery is extended to June 3, 2016. There will be no further extensions of this discovery deadline absent extraordinary circumstances. Counsel for Defendants is directed to order the transcript from the February 22 proceedings and send a copy to Baines. The Clerk of Court is directed to close docket numbers 127 and 135. (As further set forth in this Order.) (Signed by Magistrate Judge James L. Cott on 2/23/2016) Copies Mailed By Chambers. (adc) (Entered: 02/25/2016)
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                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 148 Filed: 2/23/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                    LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 2/15/2016 re: Plaintiff respectfully objects to the Court's consideration of the law enforcement privilege. Document filed by Donnell Baines. (kgo) (Entered: 02/23/2016)
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                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 147 Filed: 2/16/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                      LETTER addressed to Magistrate Judge James L. Cott from Philip S. Frank dated February 16, 2016 re: defendants' response to: (1) plaintiff's letter to the Court, dated January 13, 201 6, seeking leave of the Court to take depositions by written questions; and (2) plaintiff's letter to the Court, dated January 15, 2016, moving to compel defendants' responses to various discovery requests. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Affidavit of Service)(Frank, Philip) (Entered: 02/16/2016)
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                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 146 Filed: 2/10/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                        LETTER addressed to Magistrate Judge James L. Cott from Philip S. Frank dated February 10, 2016 re: courtesy copy of letter to plaintiff regarding outstanding medical releases. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Affidavit of Service)(Frank, Philip) (Entered: 02/10/2016)
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                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 145 Filed: 2/4/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                          ORDER: Accordingly, the Court will hold a conference on February 22, 2016 at 10:30 a.m. Counsel for Defendants and DANY shall appear in person in Room 1360 and counsel for Defendants shall make the necessary arrangements with the correctional facility where Plaintiff Donnell Baines is located to have him participate by telephone by calling (212) 805-0250 on that date and time. And as set forth herein. Finally, the parties should be prepared to discuss settlement of this case at the conference. Accordingly, counsel for Defendants should consult with the appropriate authorities in the Law Department and the Office of the Comptroller in advance of the conference.SO ORDERED. (Signed by Magistrate Judge James L. Cott on 2/04/2016) Copies Mailed By Chambers. (ama) (Entered: 02/04/2016)
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                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 144 Filed: 2/1/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                            LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 1/22/2016 re: Defendants' motions should be denied en toto. Document filed by Donnell Baines.(kgo) (Entered: 02/01/2016)
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                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 143 Filed: 1/29/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                              ORDER: The Court received a letter from Plaintiff Donnell Baines, dated January 15, 2016, which the Court recently docketed. (Dkt. No. 142). This letter included several attachments, which the Court now realizes contain material protected by a confidentiality order. Given that Defendants are presumably in possession of all the attachments to Baines' January 15 letter, the Court will seal docket entry 142 and refile the January 15 letter as a separate docket entry. Accordingly, the Clerk of Court is directed to place docket entry 142 under seal until further order of the Court. The Clerk of Court is subsequently directed to file pages one through three of docket entry 142 as a separate docket entry. (Signed by Magistrate Judge James L. Cott on 1/29/2016) Copies Mailed By Chambers. (kgo) (Entered: 01/29/2016)
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                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 142 Filed: 1/29/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 1/15/16 re: Plaintiff requests that the Court compel the defendants in this matter to produce outstanding discovey by a date certain or face sanctions under Fed.R.Civ.P. 37(b)(2)(A), up to and including, rendering a default judgment against the disobedient defendants. Document filed by Donnell Baines. (Attachments: # 1 Exhibit)(sc) (Main Document 142 replaced on 2/1/2016) (tro). (Attachment 1 replaced on 2/1/2016) (tro). (Entered: 01/29/2016)
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                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 141 Filed: 1/25/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                  LETTER addressed to Magistrate Judge James L. Cott from Philip S. Frank dated January 25, 2016 re: the Courts Order, dated January 20, 2016. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Frank, Philip) (Entered: 01/25/2016)
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                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 140 Filed: 1/20/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                    ORDER: With the assumption that Defendants have received the releases mailed on January 9, 2016, the Court has not docketed the attachments to Baines' January 9, 2016 letter. However, if Defendants have not received any of the attachments, counsel for Defendants should inform the Court forthwith. Finally, if the information provided in Baines' January 9, 2016 letter has resolved any of the issues presented in Defendants' December 31, 2015 letter or January 13, 2016 letter motion, Defendants are instructed to inform the Court of any intention to withdraw either filing by January 25, 2016. (As further set forth in this Order.) (Signed by Magistrate Judge James L. Cott on 1/20/2016) Copies Mailed By Chambers. (kgo) (Entered: 01/20/2016)
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                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 139 Filed: 1/20/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                      LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines, dated 1/13/16 re: Plaintiff requests that the Court grant him permission to take the depositions of the eight defendants/officers in this matter, and three necessary nonparty witnesses by written questions, as the plaintiff is confined to prison. Document filed by Donnell Baines.(sc) (Entered: 01/20/2016)
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                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 138 Filed: 1/20/2016, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                        LETTER from Donnell Baines dated 1/14/16 re: Plaintiff requests that the Court Clerk's Office issue him several blank subpoenas for the following: New York City Police Dept., New York City Dept. of Corrections, New York State Dept of Corrections & Community Supervision, New York City Council, Mayor's Office to Combat Domestic Violence, City University of New York, Civilian Complaint Review Board, Dept. of Health & Mental Hygiene, an the New York State Dept. of Mental Health. Document filed by Donnell Baines.(sc) (Entered: 01/20/2016)
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                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 137 Filed: 1/15/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                          LETTER addressed to Magistrate Judge James L. Cott from Philip S. Frank dated January 15, 2016 re: defendants' response to plaintiff's motion to compel DANY to comply with plaintiff's subpoena. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Affidavit of Service)(Frank, Philip) (Entered: 01/15/2016)
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                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 136 Filed: 1/15/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                            LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines dated 1/9/2016 re: Plaintiff respectfully requests that the Defendants' letter motion requesting sanctions be denied en toto. Document filed by Donnell Baines.(kgo) (Entered: 01/15/2016)
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                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 135 Filed: 1/13/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                              LETTER MOTION to Compel Plaintiff Donnell Baines to produce, pursuant to FED. R. CIV. P. 37(a), and pursuant to the Courts prior Order, dated December 11, 2015, properly executed releases; issue an Order, pursuant to FED. R. CIV. P. 37(b)(2), warning plaintiff that failure to comply may result in sanctions; and, pursuant to FED. R. CIV. P. 45(d)(3), quash plaintiffs subpoena, dated November 28, 2015, which improperly seeks numerous documents from the New York City Police Department (NYPD) addressed to Magistrate Judge James L. Cott from Philip S. Frank dated January 13, 2016. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Affidavit of Service)(Frank, Philip) (Entered: 01/13/2016)
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                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 134 Filed: 1/7/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                LETTER addressed to Magistrate Judge James L. Cott from Donnell Baines, dated 12/31/15 re: PLAINTIFF'S MOTIONS PURS. TO FED.R.CIV.P. RULE 45. Document filed by Donnell Baines.(sc) (Entered: 01/11/2016)
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                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 133 Filed: 12/30/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                  ORDER: Judge Furman has referred this case to me for general pretrial supervision, including discovery. (Dkt. No. 130). On December 15, 2015, Donnell Baines filed a motion to compel the New York County District Attorney's Office ("DANY") to comply with a subpoena issued and served in August of 2015, to hold DANY in contempt, and to permit Baines to modify his subpoena. (Dkt. No. 127). On December 22, 2015, Assistant District Attorney Sarah Hines submitted to the Court a letter response on behalf of DANY, which asked the Court to deny these motions. This letter has been docketed. The Court directs Baines to submit any response to this letter by January 15, 2016. Counsel for Defendants are also directed to submit any response to Baines' motion by the same date. ( Responses due by 1/15/2016) (Signed by Magistrate Judge James L. Cott on 12/30/2015) (mro) (Entered: 01/04/2016)
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                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 132 Filed: 12/31/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                    LETTER addressed to Magistrate Judge James L. Cott from Philip S. Frank dated December 31, 2015 re: Motion to Dismiss, pursuant to Rule 37(b)(2)(A)(v), for failure to comply with the Courts Order, dated December 11, 2015, compelling plaintiff to produce executed releases, including medical releases. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Affidavit of Service)(Frank, Philip) (Entered: 12/31/2015)
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                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 131 Filed: 12/30/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                      LETTER addressed to Magistrate Judge James L. Cott from Sarah Hines dated 12/22/2015 re: Response to Donnell Baines' motion to compel compliance with his subpoena to the New York County District Attorney's Office ("DANY"), his motion to hold DANY in contempt, and his motion to allow him to modify his subpoena. Document filed by Peter Guyheen. (Rule 45 Letter Objections to Mr. Baines's subpoena attached.) (kko) (Entered: 12/30/2015)
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                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 130 Filed: 12/17/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                        ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). The Clerk of Court is directed to mail a copy of this order to Plaintiff. Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Jesse M. Furman on 12/17/2015) (tn) (Entered: 12/17/2015)
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                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 129 Filed: 12/15/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                          MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR AN ORDER TO COMPLY; AN ORDER FOR CONTEMPT; & AN ORDER PERMITTING THE PLAINTIFF TO MODIFY THE SUBPOENA PURSUANT TO FED.R.CIV.P. RULE 45(d), (g)& (f); re: 127 MOTION to Comply. MOTION FOR AN ORDER PERMITTING PLAINTIFF TO MODIFY THE SUBPOENA PURSUANT TO FED.R.CIV.P. RULE 45(d), (g) & (f). Document filed by Donnell Baines. (sc) (Entered: 12/16/2015)
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                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 128 Filed: 12/15/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                            AFFIDAVIT IN SUPPORT OF MOTION FOR AN ORDER TO COMPLY; AN ORDER FOR CONTEMPT; & FOR AN ORDER PERMITTING THE PLAINTIFF TO MODIFY SUBPOENA PURSUANT TO FED.R.CIV.P. RULE 45(d), (g), & (f); re: 127 MOTION to Comply. MOTION FOR AN ORDER PERMITTING PLAINTIFF TO MODIFY THE SUBPOENA PURSUANT TO FED.R.CIV.P. RULE 45(d), (g) & (f).. Document filed by Donnell Baines. (sc) (Entered: 12/16/2015)
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                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 127 Filed: 12/15/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                              MOTION FOR AN ORDER TO COMPLY; AN ORDER FOR CONTEMPT; & FOR AN ORDER PERMITTING PLAINTIFF TO MODIFY THE SUBPOENA PURSUANT TO FED.R.CIV.P. RULE 45(d), (g) & (f). Document filed by Donnell Baines.(sc) (Entered: 12/16/2015)
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                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 126 Filed: 12/15/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                NOTICE OF MOTION FOR AN ORDER TO COMPLY; AN ORDER FOR CONTEMPT; & FOR AN ORDER PERMITTING THE PLAINTIFF TO MODIFY THE SUBPOENA PURSUANT TO FED.R.CIV.P. RULE 45 (d),(g) & (f). Document filed by Donnell Baines. (sc) (Entered: 12/16/2015)
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                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 125 Filed: 12/11/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                  ORDER granting 123 Motion to Compel; granting 123 Motion for Extension of Time to Complete Discovery: Plaintiff shall sign and disclose to Defendants all the releases at issue by December 18, 2015. Those records will be protected as "confidential" under the protective order issued on October 29, 2015. (Docket No. 122). In addition, Plaintiff is hereby ORDERED to submit proper responses to Defendants' first set of interrogatories by January 4, 2016. It is further ORDERED that the deadline for completion of discovery is extended to March 4, 2016. The Clerk of Court is directed to mail a copy of this order to Plaintiff. (Discovery due by 3/4/2016.). (Signed by Judge Jesse M. Furman on 12/11/2015) (tn) (Entered: 12/11/2015)
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                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 124 Filed: 11/30/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                    ORDER: On November 25, 2015, Defendants filed a letter motion asking the Court to compel Plaintiff, who is proceeding pro se, to produce outstanding discovery and to extend the time to complete discovery. (Docket No. 123). Plaintiff is ORDERED to respond to Defendants' letter motion by December 10, 2015. The Court will then hold a telephone conference on December 11, 2015, at 11:00 a.m. to address Defendants' letter motion. At that time, Defendants' counsel shall call the Court, with Plaintiff on the line, at (212) 805-0282. IT IS HEREBY ORDERED, that the Warden or other official in charge of the Five Points Correctional Facility, produce prisoner Donnell Baines, Identification No. 13-A-2136, at 4:00 p.m. on December 10, 2015, at a suitable location within Five Points Correctional Facility equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defense counsel in the above referenced matter. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers by calling (212) 805-0282. The NYC Law Department, counsel for Defendants, must (1) transmit this Order to the Warden forthwith; (2) contact the Five Points Correctional Facility forthwith to arrange the call and to determine the telephone number at which Plaintiff will be reachable at the above time and date; and (3) telephone the Court with Plaintiff on the line at the time and date of the conference. The Clerk of Court is ordered to mail a copy of this order to Plaintiff. ( Telephone Conference set for 12/11/2015 at 11:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/30/2015) (mro) (Entered: 12/01/2015)
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                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 123 Filed: 11/25/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                      FIRST LETTER MOTION to Compel Plaintiff to Produce Outstanding Discovery including executed releases, by a date certain, addressed to Judge Jesse M. Furman from Philip S. Frank dated November 25, 2015., FIRST LETTER MOTION for Extension of Time to Complete Discovery sixty days from the date that plaintiff produces the outstanding discovery, addressed to Judge Jesse M. Furman from Philip S. Frank dated November 25, 2015. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit Defendants' First Set of Interrogatories and Request for the Production of Documents, # 2 Exhibit Plaintiff's Responses and Objections to Defendants Discovery Requests and Interrogatories, # 3 Exhibit Plaintiffs Second Set of Discovery Requests, # 4 Exhibit Defendant's Letter to Plaintiff, dated November 6, 2015, # 5 Exhibit Stipulation and Protective Order, # 6 Affidavit Affidavit of Service)(Frank, Philip) (Entered: 11/25/2015)
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                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 122 Filed: 10/29/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                        STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Jesse M. Furman on 10/29/2015) (tn) (Entered: 10/29/2015)
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                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 121 Filed: 10/23/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                          NOTICE OF APPEARANCE by Philip Sebastian Frank on behalf of John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Frank, Philip) (Entered: 10/23/2015)
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                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 120 Filed: 10/8/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                            LETTER from Donnell Baines dated 10/5/15 re: THE ISSUANCE OF TWO SUBPOENAS. Document filed by Donnell Baines.(sc) (Entered: 10/09/2015)
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                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 119 Filed: 9/4/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                              LETTER from Donnell Baines dated 9/1/15 re: THE ISSUANCE OF TWO SUBPOENAS. Document filed by Donnell Baines.(sc) (Entered: 09/07/2015)
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                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 118 Filed: 7/24/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                LETTER addressed to Clerk of the Court from Donnell Baines dated 7/15/2015 re: Issuance of Subpoenas. Document filed by Donnell Baines.(kko) (Entered: 07/24/2015)
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                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 117 Filed: 7/13/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                  LETTER addressed to Judge Jesse M. Furman from Donnell Baines dated 7/2/15 re: (LETTER IN REFERENCE TO BAINES V. MITCHELL ET AL.) - Plaintiff informs the Court of any discovery which has taken place in this action and any other action which the plaintiff believes may assist the Court in advancing the case to settlement or trial. Document filed by Donnell Baines. (Attachments: # 1 Errata)(sc) (Entered: 07/13/2015)
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                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 116 Filed: 7/13/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                    SCHEDULING ORDER denying 113 Motion for Reargument ; denying 113 Motion for Reconsideration. As stated on the record during the pretrial conference held on July 10, 2015, Plaintiff's motion for reconsideration or reargument (Docket No. 113) is DENIED. In addition, Plaintiff's renewed request for the appointment of counsel (Docket No. 115) is also DENIED, once again without prejudice to renewal at such time as the existence of a potentially meritorious claim may be demonstrated. In addition, pursuant to Rule 16 of the Federal Rules of Civil Procedure, it is hereby ORDERED that the deadline for all discovery in this matter, whether by interrogatories, depositions, or production of documents, is five months from the date of this Order. It is further ORDERED that no later than seven days after the close of discovery, each party shall file a letter with the Court indicating whether the party intends to file a motion for summary judgment in the case. It is further ORDERED that any motion for summary judgment must be filed and served within 30 days of the close of discovery. If a motion is filed, any opposition must be filed and served within 30 days of the motion being filed. Reply papers, if any, must be filed and served within two weeks of the date on which the opposition is filed. It is further ORDERED that either party may request an extension of the dates for the completion of discovery or for pretrial motions, and these dates will be extended if the party requesting the extension demonstrates that its pursuit of the action has been diligent and that there is a good reason for extending the deadline. If no extensions are granted, no discovery or pretrial motions will be permitted after the dates specified herein. It is further ORDERED that failure to comply with any of the terms of this Order may constitute grounds for the denial of requested relief, dismissal of the action, or such other action as may be just in the circumstances. In addition, during the conference, Plaintiff requested information regarding the service of subpoenas on non-parties. The Court has attached, at the end of this Order, an excerpt from the Southern District's Manuel for Pro Se Litigants, discussing the service of subpoenas. Any further inquiries should be directed to the Court's office of pro se litigation at (212) 805-0175. Plaintiff is reminded that neither the Court nor the pro se office can provide him with legal advice. Finally, should the parties believe that referral to the assigned magistrate judge would facilitate settlement negotiations, they should submit a joint letter requesting an order of reference. The Clerk of the Court is directed to terminate Docket No. 113 and to mail a copy of this Order to Plaintiff. (As further set forth in the Order.) (Signed by Judge Jesse M. Furman on 7/10/2015) (tro) (Entered: 07/13/2015)
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                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 115 Filed: 7/10/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                      LETTER addressed to Judge Jesse M. Furman from Donnell Baines, dated 7/4/15 re: RENEWAL OF PLAINTIFF'S APPLICATION FOR THE APPOINTMENT OF COUNSEL. Document filed by Donnell Baines.(sc) (Entered: 07/10/2015)
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                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 114 Filed: 7/8/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                        MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR RECONSIDERATION/REARGUMENT PURSUANT TO S.D.N.Y. LOCAL RULE 6.3; re: 113 MOTION for Reargument re: 107 Memorandum & Opinion, for Reconsideration re: 107 Memorandum & Opinion. Document filed by Donnell Baines. (sc) (Entered: 07/09/2015)
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                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 113 Filed: 7/8/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                          NOTICE OF MOTION FOR REARGUMENT; re: 107 Memorandum & Opinion. Document filed by Donnell Baines.(sc) (Entered: 07/09/2015)
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                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 112 Filed: 7/2/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                            LETTER addressed to Judge Jesse M. Furman from Matthew Bridge dated July 2, 2015 re: Pre-Conference Letter. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Bridge, Matthew) (Entered: 07/02/2015)
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                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 111 Filed: 6/29/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                              ANSWER to 93 Amended Complaint, with JURY DEMAND. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Bridge, Matthew) (Entered: 06/29/2015)
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                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 110 Filed: 6/11/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                MEMO ENDORSEMENT on MOTION TO WITHDRAW AS ATTORNEY. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Ms. Moe as counsel and terminate Docket No. 109. So ordered. Granting 109 Motion to Withdraw as Attorney. Attorney Alison Gainfort Moe terminated. (Signed by Judge Jesse M. Furman on 6/11/2015) (rjm) (Entered: 06/11/2015)
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                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 109 Filed: 6/10/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                  MOTION for Alison Moe to Withdraw as Attorney . Document filed by The City of New York.(Moe, Alison) (Entered: 06/10/2015)
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                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 108 Filed: 6/9/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF INITIAL PRETRIAL CONFERENCE IN PRO SE ACTION: On June 8, 2015, the Court issued an Opinion and Order granting in part and denying in part Defendants' partial motion to dismiss. In light of that decision, it is hereby ORDERED that all remaining Defendants shall file their answer to any claims for which they have not done so no later than June 29, 2015. It is further ORDERED that all parties appear via telephone for an initial pretrial conference with the Court on July 10, 2015, at 1 p.m. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. It is further ORDERED that, at the appointed date and time for the initial pretrial conference, the Warden or other official in charge of the Five Points Correctional Facility produce prisoner Harold Baines Identification No. 13A2136, at a suitable location within Five Points Correctional Facility equipped with a telephone, for the purpose of participating by telephone in the conference with the Court and defense counsel in the above referenced matter. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers by calling (212) 805-0282. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Initial Conference set for 7/10/2015 at 01:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/8/2015) (kl) Modified on 6/9/2015 (kl). (Entered: 06/09/2015)
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                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 107 Filed: 6/8/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                      OPINION AND ORDER re: 96 MOTION to Dismiss filed by Brian White, Michael Delmerico, Peter Guyheen, Chris McNerney, John Christman, Odonoghue, Joseph Cutrone, Joseph Leonard: For the reasons stated above, the Officer Defendants' motion to dismiss is GRANTED in part and DENIED in part. Specifically, with respect to the Officer Defendants, Plaintiff's equal protection, due process, and conspiracy claims are dismissed, while his claims under the Fourth Amendment - for the allegedly unlawful entries into his apartment and the allegedly unlawful search - survive. (Additionally, as noted, the Officer Defendants did not move to dismiss Plaintiff's excessive-force claim.) Further, the Court sua sponte dismisses the conspiracy and due process claims against Mitchell. As those are Plaintiff's only claims against Mitchell, the Clerk of the Court is directed to terminate her as a party to this litigation. The Clerk is also directed to terminate Docket No. 96 and to mail Plaintiff a copy of this Opinion and Order. (Signed by Judge Jesse M. Furman on 6/8/2015) (tn) (Entered: 06/08/2015)
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                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 106 Filed: 2/11/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                        REPLY MEMORANDUM OF LAW in Support re: 96 MOTION to Dismiss . . Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Bridge, Matthew) (Entered: 02/11/2015)
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                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 105 Filed: 1/28/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                          ORDER granting 104 Letter Motion for Extension of Time to File Response/Reply re 96 MOTION to Dismiss. Reply due by 2/11/2015. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Furman, Jesse) (Entered: 01/28/2015)
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                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 104 Filed: 1/28/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                            LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition addressed to Judge Jesse M. Furman from Matthew Bridge dated January 28, 2015. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Bridge, Matthew) (Entered: 01/28/2015)
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                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 103 Filed: 1/23/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                              PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO THE DEFENDANT'S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P. RULE 12(B)(6); re: 96 MOTION to Dismiss . Document filed by Donnell Baines. (sc) (Entered: 01/28/2015)
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                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 102 Filed: 12/30/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                MEMO ENDORSEMENT on re: 101 Letter, filed by Donnell Baines. ENDORSEMENT: The extension is hereby GRANTED. Further, Plaintiff is granted leave to incorporate by reference any documents that were previously submitted to the Court and are part of the record. The request for additional pages, however, is DENIED. The Clerk of Court is directed to mail a copy of this endorsed letter to Plaintiff. Set Deadlines/Hearing as to 96 MOTION to Dismiss: Responses due by 1/21/2015. (Signed by Judge Jesse M. Furman on 12/30/2014) (tn) (Entered: 12/30/2014)
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                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 101 Filed: 12/23/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                  LETTER addressed to Judge Jesse M. Furman from Donnell Baines, dated 12/15/14 re: Plaintiff requests that the Court grant him a two-week extension of time to file the Opposition to the Defendants' Motion to Dismiss from 1/7/15 to 1/21/15; permission to file additional pages beyond the Court's twenty-five page limit; and that the plaintiff be permitted to receive from the Clerk of the Court a copy of all exhibits which the plaintiff submitted to the Court in opposition to the City of New York's motion for judgment on the pleadings pursuant to Rule 12(c) of the Fed.R. Civ.P. Document filed by Donnell Baines.(sc) (Entered: 12/29/2014)
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                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 100 Filed: 12/10/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                    ORDER finding as moot 87 Motion for Judgment on the Pleadings. On October 27, 2014, Defendants filed a motion for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure. On October 28, 2014, the Court issued an order granting Plaintiff until December 8, 2014, to file an amended complaint or an opposition to Defendants' motion for judgment on the pleadings. On November 17, 2014, Plaintiff filed an amended complaint, and on December 8, 2014, Defendants filed a motion to dismiss. Accordingly, Defendants' motion for judgment on the pleadings is denied as moot. Plaintiff's opposition to Defendant's motion to dismiss is due January 8, 2015. Defendants' reply, if any, is due January 22, 2015. Either party may request an extension of the briefing schedule for the motion. A deadline will be extended if the party demonstrates that its pursuit of the action has been diligent and that there is a good reason for extending the deadline. The Clerk of Court is directed to terminate Defendants' motion for judgment on the pleadings (Docket No. 87) and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/9/2014) (ajs) (Entered: 12/10/2014)
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                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 99 Filed: 12/8/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                      NOTICE of Local Rule 12.1 Statement. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Bridge, Matthew) (Entered: 12/08/2014)
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                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 98 Filed: 12/8/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                        MEMORANDUM OF LAW in Support re: 96 MOTION to Dismiss . . Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Bridge, Matthew) (Entered: 12/08/2014)
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                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 97 Filed: 12/8/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                          DECLARATION of Matthew Bridge in Support re: 96 MOTION to Dismiss .. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Bridge, Matthew) (Entered: 12/08/2014)
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                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 96 Filed: 12/8/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                            MOTION to Dismiss . Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. Responses due by 1/7/2015 (Attachments: # 1 Affidavit of Service)(Bridge, Matthew) (Entered: 12/08/2014)
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                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 95 Filed: 12/1/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                              ORDER granting 94 Letter Motion for Leave to File Excess Pages: Applications GRANTED. The proposed briefing schedule is hereby adopted. The Clerk of Court is directed to terminate Docket No. 94 and to mail a copy of this endorsed letter to Plaintiff. (Signed by Judge Jesse M. Furman on 12/1/2014) (tn) (Entered: 12/01/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 94 Filed: 12/1/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Matthew Bridge dated December 1, 2014. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Bridge, Matthew) (Entered: 12/01/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 93 Filed: 11/17/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                  AMENDED COMPLAINT; re: amending 29 Amended Complaint against John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Kimberly Crystal Mitchell, Odonoghue, Brian White.Document filed by Donnell Baines. Related document: 29 Amended Complaint, filed by Donnell Baines.(sc) (Entered: 11/18/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 92 Filed: 11/3/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Judge Jesse M. Furman from Matthew Bridge dated 10/27/2014 re: This office writes in response to the Court's August 28, 2014 Order, directing the New York City Law Department to ascertain the address at which Kimberly Mitchell can be served, and to mail a hard copy of that information to the Court, without copying Plaintiff. ENDORSEMENT: The Court sees no basis to seal or redact this letter, beyond the address information in Paragraph 2, which is redacted accordingly. The unredacted letter will be filed and maintained under seal. The Court will defer decision on what, if anything, to do with Ms. Mitchell's address information until after it has ruled on the other Defendants' pending motion for judgment on the pleadings. Plaintiff's deadline to serve Ms. Mitchell is accordingly adjourned sine die. The Clerk of Court is directed to mail a copy of this letter and the attachment to Plaintiff. (Signed by Judge Jesse M. Furman on 11/3/2014) (tn) (Entered: 11/03/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 91 Filed: 10/28/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                      ORDER: the Plaintiff is GRANTED leave to file an amended complaint no later than December 8, 2014. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion for judgment on the pleadings; or (3) submit a letter to the Court, copying Plaintiff, stating that they rely on the previously filed motion for judgment on the pleadings. If Defendant files an answer or a new motion for judgment on the pleadings, the Court will deny the previously filed motion as moot. If no amended complaint is filed, Plaintiff shall file and serve any opposition to the motion for judgment on the pleadings by December 8, 2014. Defendants' reply, if any, shall be filed and served by December 22, 2014. Finally, the Clerk of the Court is directed to mail a copy of this Order to Plaintiff. (Amended Pleadings due by 12/8/2014.) Set Deadlines/Hearing as to 87 MOTION for Judgment on the Pleadings: Responses due by 12/8/2014, Replies due by 12/22/2014. (Signed by Judge Jesse M. Furman on 10/28/2014) (tn) (Entered: 10/29/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 90 Filed: 10/27/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE of of Local Rule 12.1 Statement re: 87 MOTION for Judgment on the Pleadings .. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of Service)(Bridge, Matthew) (Entered: 10/27/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 89 Filed: 10/27/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                          MEMORANDUM OF LAW in Support re: 87 MOTION for Judgment on the Pleadings . . Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Bridge, Matthew) (Entered: 10/27/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 88 Filed: 10/27/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                            DECLARATION of of Matthew Bridge in Support re: 87 MOTION for Judgment on the Pleadings .. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Bridge, Matthew) (Entered: 10/27/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 87 Filed: 10/27/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Judgment on the Pleadings . Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. Responses due by 11/26/2014(Bridge, Matthew) (Entered: 10/27/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 86 Filed: 10/27/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE OF APPEARANCE by Matthew Bridge on behalf of Joseph Cutrone. (Attachments: # 1 Affidavit of Service)(Bridge, Matthew) (Entered: 10/27/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 85 Filed: 10/22/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER: that Defendants' letter motion is denied. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. (Signed by Judge Jesse M. Furman on 10/22/2014) (tn) (Entered: 10/22/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 84 Filed: 10/21/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                    LETTER addressed to Judge Jesse M. Furman from Matthew Bridge dated October 21, 2014 re: Response to the Court's Valentin Order. Document filed by New York City Law Department. (Attachments: # 1 Affidavit of Service, # 2 Exhibit A (Certificate of Disposition))(Bridge, Matthew) (Entered: 10/21/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 83 Filed: 10/8/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                      MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Joseph Cutrone. Attempted Service of Summons and Amended Complaint. Service was attempted on 10/2/14. Document filed by Donnell Baines. (sc) Modified on 10/13/2014 (sc). (Entered: 10/13/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 82 Filed: 9/19/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                        LETTER addressed to Judge Jesse M. Furman from Donnell Baines, DIN#13A2136, dated 9/12/14 re: Plaintiff requests that the Court deny the defendant's request for this Court to endorse its proposed briefing schedule for their motion to dismiss pursant to Fed. R.Civ. P. 12(c). Document filed by Donnell Baines.(sc) (Entered: 09/22/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 81 Filed: 9/17/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER denying 80 Application for the Court to Request Counsel: Substantially for the reasons stated in the Court's prior order, Plaintiff's application is again DENIED without prejudice to renewal at such time as the existence of a potentially meritorious claim may be demonstrated. The clerk of the court is directed to terminate Docket No. 80 and to mail a copy of this order to Plaintiff. (Signed by Judge Jesse M. Furman on 9/17/2014) (tn) (Entered: 09/17/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 80 Filed: 9/16/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                            APPLICATION for the Court to Request Counsel from the Pro Bono Panel. Document filed by Donnell Baines.(sac) (Entered: 09/16/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 79 Filed: 9/9/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                              MEMO ENDORSEMENT on re: 78 Letter, filed by Brian White, Michael Delmerico, Peter Guyheen, Chris McNerney, John Christman, Odonoghue, Joseph Cutrone, Joseph Leonard. ENDORSEMENT: The proposed schedule is hereby adopted. The Clerk of Court shall send a copy of this endorsed letter to Plaintiff. (Motions due by 10/27/2014. Responses due by 11/26/2014. Replies due by 12/10/2014.) (Signed by Judge Jesse M. Furman on 9/9/2014) (tn) (Entered: 09/09/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 78 Filed: 9/8/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                LETTER addressed to Judge Jesse M. Furman from Matthew Bridge dated September 8, 2014 re: Proposed Motion to Dismiss. Document filed by John Christman, Joseph Cutrone, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of service)(Bridge, Matthew) (Entered: 09/08/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 77 Filed: 8/28/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER: It is ORDERED that the New York City Law Department shall ascertain the address at which Mitchell can be served and, within sixty days of the date of this order, mail a hard copy of that information to the Court (without copying Plaintiff) at the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. (Signed by Judge Jesse M. Furman on 8/28/2014) (mro) (Entered: 08/28/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 76 Filed: 8/28/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                    WAIVER OF SERVICE RETURNED EXECUTED. Joseph Cutrone waiver sent on 8/28/2014, answer due 10/27/2014. Document filed by Joseph Cutrone. (Bridge, Matthew) (Entered: 08/28/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 75 Filed: 8/19/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                      LETTER addressed to Judge Jesse M. Furman from Donnell Baines dated 8/12/2014 re: I have recently received a correspondence from the New York City Law Department, wherein they state that Defendants McNerney and O'Donoghue have waived service of the summons and complaint herein. Document filed by Donnell Baines.(sac) (Entered: 08/22/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 74 Filed: 8/19/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                        LETTER addressed to Judge Jesse M. Furman from Donnell Baines, DIN # 13A2136 dated 8/12/14 re: Plaintiff submits this letter with the attached USM-285 form for the defendant, Sergeant Joseph Cutrone, in order to expedite service; and he advises the Court that the New York City Law Department's request for relief from this Court's Valentin Order as it pertains to Defendant Mitchell's current address should be denied. Document filed by Donnell Baines.(sc) (Entered: 08/22/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 73 Filed: 8/13/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF APPEARANCE by Matthew Bridge on behalf of John Christman, Michael Delmerico, Peter Guyheen, Joseph Leonard, Chris McNerney, Odonoghue, Brian White. (Attachments: # 1 Affidavit of service)(Bridge, Matthew) (Entered: 08/13/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 72 Filed: 8/8/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER OF SERVICE: The Clerk of Court is directed to complete one U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for Defendant Cutrone and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Defendant Cutrone forthwith. In addition, in light of the circumstances which the Court inadvertently overlooked in its prior Order the Court grants the New York City Law Department's request for relief from the Courts Valentin Order with respect to Defendant Mitchell. The New York City Law Department is under no obligation to ascertain Defendant Mitchell's service address or to provide it to Plaintiff or to the Court. (USM-285 Form due by 9/8/2014. Request for Issuance of Summons due by 9/8/2014.) (Signed by Judge Jesse M. Furman on 8/8/2014) (kgo) (Entered: 08/08/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 71 Filed: 8/8/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                              LETTER addressed to Judge Jesse M. Furman from Alison G. Moe dated August 8, 2014 re: response to the Court's Valentin Order. Document filed by New York City Law Department.(Moe, Alison) (Entered: 08/08/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 70 Filed: 8/8/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                WAIVER OF SERVICE RETURNED EXECUTED. Odonoghue waiver sent on 8/8/2014, answer due 10/7/2014. Document filed by Odonoghue. (Moe, Alison) (Entered: 08/08/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 69 Filed: 8/8/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                  WAIVER OF SERVICE RETURNED EXECUTED. Chris McNerney waiver sent on 8/8/2014, answer due 10/7/2014. Document filed by Chris McNerney. (Moe, Alison) (Entered: 08/08/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 68 Filed: 7/24/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                    MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Chris McNerney served on 7/14/2014, answer due 8/4/2014. Service was accepted by S. Ricketts. Document filed by Donnell Baines. (sc) (Entered: 07/31/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 67 Filed: 7/24/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                      MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Kimberly Crystal Mitchell. Attempted Service of Summons and Amended Complaint. Service was attempted on 7/14/14. Document filed by Donnell Baines. (sc) (Entered: 07/31/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 66 Filed: 7/25/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER: It is ordered that the New York City Law Department, which is the attorney for and agent of the New York City Police Department, shall ascertain the addresses where Defendants Mitchell, Cutrone, Odonoghue, and McNerney can be served, and shall provide this information to Plaintiff and the Court within sixty days of the date of this order. In addition, the deadline set in this Court's July 23, 2014 Order for all Defendants who had been served by that date to answer or respond to the Complaint is adjourned sine die. The Clerk of Court shall serve a copy of this order and the Amended Complaint on the New York City Law Department at: 100 Church Street, New York, NY 10014. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/25/2014) (kgo) (Entered: 07/25/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 65 Filed: 7/23/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER: On July 21, 2014, Defendants Robert O'Donoghue, Bryan White, and Peter Guiheen submitted a letter to the Court requesting that the Court permit them to file a motion to dismiss the Amended Complaint by August 1, 2014. That request is hereby GRANTED. In addition, any Defendant in this action who has been served by the date of this Order-including but not limited to Defendants Joseph Leonard, Michael Delmerico, and John Christman (see Docket Nos. 56, 59, 61) shall answer or otherwise respond to the Complaint by August 1, 2014. John Christman answer due 8/1/2014; Joseph Cutrone answer due 8/1/2014; Michael Delmerico answer due 8/1/2014; Peter Guyheen answer due 8/1/2014; Chris McNerney answer due 8/1/2014; Kimberly Crystal Mitchell answer due 8/1/2014; Odonoghue answer due 8/1/2014; Brian White answer due 8/1/2014.( Motions due by 8/1/2014.) (Signed by Judge Jesse M. Furman on 7/22/2014) (mro) (Entered: 07/23/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 64 Filed: 7/21/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                            LETTER addressed to Judge Jesse M. Furman from Alison G. Moe dated July 21, 2014 re: proposed motion to dismiss. Document filed by Peter Guyheen, Odonoghue, Brian White.(Moe, Alison) (Entered: 07/21/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 63 Filed: 7/14/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                              MANDATE of USCA (Certified Copy) as to 54 Notice of Appeal filed by Donnell Baines, 53 Notice of Appeal filed by Donnell Baines USCA Case Number 14-1641. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/14/2014. (nd) (Entered: 07/14/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 62 Filed: 7/7/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Peter Guyheen served on 7/1/2014, answer due 7/22/2014. Service was accepted by P.O. Rob Wong. Document filed by Donnell Baines. (sc) (Entered: 07/10/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 61 Filed: 7/7/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. John Christman served on 7/1/2014, answer due 7/22/2014. Service was accepted by P.O. Rob Wong. Document filed by Donnell Baines. (sc) (Entered: 07/10/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 60 Filed: 7/7/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Brian White served on 7/1/2014, answer due 7/22/2014. Service was accepted by P.O. Rob Wong. Document filed by Donnell Baines. (sc) (Entered: 07/10/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 59 Filed: 7/7/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Michael Delmerico served on 7/1/2014, answer due 7/22/2014. Service was accepted by P.O. Rob Wong. Document filed by Donnell Baines. (sc) (Entered: 07/10/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 58 Filed: 7/7/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Joseph Cutrone. Attempted Service of Summons and Amended Complaint. Service was attempted on 7/1/14. Document filed by Donnell Baines. (sc) (Entered: 07/10/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 57 Filed: 7/7/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Odonoghue. Attempted Service of Summons and Amended Complaint. Service was attempted on 7/1/14. Document filed by Donnell Baines. (sc) (Entered: 07/10/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 56 Filed: 6/5/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Joseph Leonard served on 6/2/2014, answer due 8/1/2014. Service was made by Mail. Document filed by Donnell Baines. (sc) (Entered: 06/11/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 55 Filed: 5/7/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE OF APPEARANCE by Alison Gainfort Moe on behalf of New York City Law Department. (Moe, Alison) (Entered: 05/07/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 54 Filed: 4/23/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE OF APPEAL from 48 Order of Dismissal, 47 Memorandum & Opinion. Document filed by Donnell Baines. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 05/02/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 53 Filed: 4/28/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE OF APPEAL from 48 Order of Dismissal, 47 Memorandum & Opinion. Document filed by Donnell Baines. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 05/02/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 52 Filed: 5/1/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER OF SERVICE: The Court's April 10 Order of Dismissal is hereby vacated. Accordingly, to allow Plaintiff, who is proceeding in forma pauperis, to effect service on the individual 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 individual Defendant. Within thirty days of the date of this Order, Plaintiff must complete a USM-285 form for each individual Defendant and return the forms to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, Plaintiff must notify the Court in writing within thirty days of the date of this Order and request that a summons be issued directly to Plaintiff. 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 the completed USM-285 forms, 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 individual Defendant. No matter what method of service Plaintiff chooses, Plaintiff must effect service within 120 days of the date the summons is issued. It is Plaintiff's 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.), cert. denied, 133 S. Ct. 655 (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 Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of the Court is directed to update Plaintiff's address on the Docket to the following: Donnell Baines, #13A2136, Five Points Correctional Facility, State Route 96, P.O. Box 119, Romulus, NY, 14541. In addition, the Clerk of the Court is directed to terminate Docket No. 51, re-open the case, and mail a copy of this Order to Plaintiff. Plaintiff is reminded that it is his obligation to advise the Court promptly if his address changes. USM-285 Form due by 6/2/2014. Request for Issuance of Summons due by 6/2/2014. (Signed by Judge Jesse M. Furman on 5/1/2014) (mro) (Entered: 05/01/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 51 Filed: 4/25/2014, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Reconsideration re; 48 Order of Dismissal. Document filed by Donnell Baines.(sac) (Entered: 04/30/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 50 Filed: 4/21/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LETTER addressed to Judge Jesse M. Furman from Donnel Baines dated 4/13/2014 re: Show of good cause pursuant to Fed. R. Civ. P. 4 (m). Plaintiff writes to address the issue of "good cause" as to why Plaintiff has failed to serve the summons and complaint on the individual Defendants within 120 days of prescribed by Rule 4(m). Document filed by Donnell Baines. (Attachments: # 1 Exhibit, # 2 Exhibit)(rdz) (Entered: 04/25/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 49 Filed: 4/16/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LETTER addressed to Judge Jesse M. Furman from Donnell Baines dated 4/8/2014 re: Plaintiff's time to communicate with the Court and Show Good Cause. Document filed by Donnell Baines.(sac) (Entered: 04/23/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 48 Filed: 4/10/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ***VACATED pursuant to Order of Service filed 5/1/2014*** ORDER OF DISMISSAL: In a Memorandum Opinion and Order dated March 19, 2014, the Court granted the City of New York's motion for judgment on the pleadings and dismissed all claims against the City. (Docket No. 47). The Court also noted that there was no indication that any of the individual Defendants in this case had been served, even though the Complaint had been filed well over 120 days before the Court's Memorandum Opinion and Order. (Id. at 6-7). Accordingly, the Court ordered Plaintiff to communicate, in writing, as to why he had failed to serve the summons and Complaint on the individual Defendants within the 120 days prescribed by Rule 4(m) of the Federal Rules of Civil Procedure. (Id. at 7). The Court explicitly warned that "if the Court does not receive any communication from Plaintiff within three weeks [of March 19, 2014], showing good cause why such service was not made within the 120 days, the Court will dismiss the case without further notice." (Id.). Those three weeks have now passed, and the Court has not received any communication from Plaintiff. Accordingly, the case is dismissed as against the remaining Defendants for failure to prosecute, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The Clerk of the Court is directed to close the case and to mail a copy of this Order to Plaintiff. (Signed by Judge Jesse M. Furman on 4/10/2014) (mro) Modified on 5/1/2014 (mro). (Entered: 04/10/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 47 Filed: 3/19/2014, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MEMORANDUM OPINION AND ORDER re 39 MOTION for Judgment on the Pleadings filed by The City of New York: For the reasons set forth within, the City's motion is GRANTED, and all claims against the City are dismissed. Furthermore, as noted, there is no indication in the record that any of the individual Defendants has been served even though the Complaint was filed well over 120 days ago. Accordingly, it is hereby ORDERED that, within three weeks, Plaintiff shall communicate with the Court, in writing, as to why Plaintiff has failed to serve the summons and Complaint on the individual Defendants within the 120 days prescribed by Rule 4(m) of the Federal Rules of Civil Procedure, or, if Plaintiff believes that the individual Defendants have been served, when and in what manner such service was made. IT IS FURTHER ORDERED that if the Court does not receive any communication from Plaintiff within three weeks, showing good cause why such service was not made within the 120 days, the Court will dismiss the case without further notice. The Clerk of the Court is directed to terminate Docket No. 39 and to mail a copy of this Memorandum Opinion and Order to Plaintiff. (Signed by Judge Jesse M. Furman on 3/19/2014) (ab) (Entered: 03/19/2014)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 46 Filed: 9/20/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                REPLY MEMORANDUM OF LAW in Support re: 39 MOTION for Judgment on the Pleadings.. Document filed by The City of New York. (Attachments: # 1 Affidavit of service)(Moe, Alison) (Entered: 09/20/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 45 Filed: 8/29/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ENDORSED LETTER addressed to Judge Jesse M. Furman from Alison Moe dated 8/28/2013 re: Defendant City respectfully requests that the Court extend its deadline for filing a reply from September 6, 2013 to September 20, 2013. ENDORSEMENT: Application GRANTED. No further extensions., ( Replies due by 9/20/2013.) (Signed by Judge Jesse M. Furman on 8/29/2013) (lmb) (Entered: 08/29/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 44 Filed: 8/26/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO THE DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS PURS. TO FED.R.CIV.P. 12(c); re: 39 MOTION for Judgment on the Pleadings. Document filed by Donnell Baines. (sc) (Entered: 08/27/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 42 Filed: 7/19/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE of Local Rule 12.1 Statement re: 39 MOTION for Judgment on the Pleadings.. Document filed by The City of New York. (Attachments: # 1 Affidavit of service)(Moe, Alison) (Entered: 07/19/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 41 Filed: 7/19/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MEMORANDUM OF LAW in Support re: 39 MOTION for Judgment on the Pleadings.. Document filed by The City of New York. (Moe, Alison) (Entered: 07/19/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 40 Filed: 7/19/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          DECLARATION of Alison G. Moe in Support re: 39 MOTION for Judgment on the Pleadings.. Document filed by The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Moe, Alison) (Entered: 07/19/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 39 Filed: 7/19/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION for Judgment on the Pleadings. Document filed by The City of New York. Responses due by 8/23/2013(Moe, Alison) (Entered: 07/19/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 38 Filed: 6/14/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER: In the attached letter, Defendant City of New York requests leave to file a motion for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c). Defendant's request is GRANTED. It is hereby ORDERED that Defendant's motion for judgment on the pleadings is to be filed no later than July 19, 2013. Plaintiff's opposition is due no later than August 23, 2013, and any reply is due no later than September 6, 2013. Plaintiff has submitted his own letter to the Court, in which he makes an application for the appointment of counsel. (Docket No. 36). A more fully developed record will be necessary before it can be determined whether Plaintiff's chances of success warrant the appointment of counsel. Accordingly, it is hereby ORDERED that Plaintiff's June 7, 2013 application for the appointment of counsel is denied without prejudice to renewal at such time as the existence of a potentially meritorious claim may be demonstrated. Finally, it is hereby ORDERED that the initial pretrial conference, previously scheduled for June 19, 2013, is adjourned sine die and discovery on all claims is stayed pending resolution of Defendant's motion. Counsel for Defendant, must transmit this Order to Plaintiff and to the Warden of the George Motchan Detention Center Warden forthwith. The Clerk of Court is directed to convert Plaintiff's letter (Docket No. 36) from court-view only to public-view and to mail a copy of this Order to Plaintiff., ( Motions due by 7/19/2013., Responses due by 8/23/2013., Replies due by 9/6/2013.) (Signed by Judge Jesse M. Furman on 6/14/2013) (lmb) (Entered: 06/14/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 37 Filed: 6/13/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                PRO SE MEMORANDUM dated 6/10/2013 re: CHANGE OF ADDRESS for Donnell Baines. New Address: 13-A-2136, Downstate Correctional Facility, Box F, Red Schoolhouse Road, Fishkill, NY, 12524-0445. (man) (Entered: 06/14/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 36 Filed: 6/7/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LETTER from Donnell Baines dated 6/4/13 re: Plaintiff submits this letter in compliance with the Court's Order of 5/6/2013 to provide information(as indicated) by Thursday of the week prior to the initial pretrial conference. Document filed by Donnell Baines.(sc) Modified on 6/7/2013 (sc). Modified on 6/14/2013 (lmb). (Entered: 06/07/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 35 Filed: 5/22/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Judge Jesse M. Furman from Alison Moe dated 5/21/2013 re: In light of complications attending the coordination of a telephone conference with Plaintiff's correctional facility, defendant City writes to respectfully request that the Court reschedule the June 19, 2013 conference to an earlier time on that date. ENDORSEMENT: Application GRANTED. The conference is rescheduled for 10:30 a.m. the same day. Defense counsel shall make the appropriate arrangements in accordance with the Court's prior order. The Clerk of Court is directed to mail this endorsed letter to Plaintiff., ( Initial Conference set for 6/19/2013 at 10:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/22/2013) (lmb) (Entered: 05/22/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 34 Filed: 5/6/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE INITIAL PRETRIAL CONFERENCE IN PRO SE ACTION: As Plaintiff has been sentenced in the criminal proceedings related to this action, there is no need to continue the stay of this action. Accordingly, it is hereby ORDERED that the stay of this action is lifted. It is further ORDERED that all parties appear via telephone for an initial pretrial conference with the Court on June 19, 2013, at 4:00 p.m. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel as further set forth in this order. The Clerk of the Court is directed to lift the stay of this action and mail a copy of this Order to the Plaintiff. Initial Conference set for 6/19/2013 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/6/2013) (lmb) (Entered: 05/06/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 33 Filed: 4/15/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ANSWER to 29 Amended Complaint, with JURY DEMAND. Document filed by The City of New York. (Attachments: # 1 Affidavit of service)(Moe, Alison) (Entered: 04/15/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 32 Filed: 3/29/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Letter addressed to Judge Jesse M. Furman from Alison Moe dated 3/28/2013 re: In compliance with the Court's January 14, 2013 Order, Defendant City writes to report that, on information and belief, Plaintiff's March 20, 2013 sentencing hearing was adjourned until April 1, 2013. Document filed by The City of New York. (lmb) (Entered: 03/29/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 31 Filed: 3/28/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE OF APPEARANCE by Alison Gainfort Moe on behalf of The City of New York (Attachments: # 1 Affidavit of Service)(Moe, Alison) (Entered: 03/28/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 30 Filed: 3/1/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Letter addressed to Judge Jesse M. Furman from Morgan Kunz dated 2/28/2013 re: In compliance with the Court's January 14, 2013 Order, Defendant City writes to report that, on information and belief, Plaintiff's February 4, 2013 sentencing hearing was adjourned to February 15, 2013, at which point it was rescheduled to March 20, 2013. In accordance with the Court's January 14, 2013 Order, on or before March 31, 2013 Defendant City will submit a report as to the status of Plaintiff's sentencing. In addition, should Plaintiff be sentenced at the March 20, 2013 conference, the City will answer or otherwise respond to the complaint in compliance with the terms of the Court's Prior Orders. Document filed by The City of New York. (lmb) (Entered: 03/01/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 29 Filed: 2/6/2013, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                AMENDED COMPLAINT amending 2 PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint against The City of New York, Brian White, Peter Guyheen, Michael Delmerico, John Christman, Joseph Leonard, Chris McNerney, Joseph Cutrone, Odonoghue, Kimberly Crystal Mitchell with JURY DEMAND.Document filed by Donnell Baines. Related document: 2 PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint filed by Donnell Baines.(sac) (Entered: 02/08/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 28 Filed: 1/29/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Letter addressed to Judge Jesse M. Furman from Morgan Kunz dated 1/28/13 re: Counsel writes to report that, on information and belief, Plaintiff's 1/22/13 sentencing hearing was recently rescheduled to 2/4/13. Document filed by The City of New York.(mro) (Entered: 01/29/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 27 Filed: 1/14/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER: By the attached letter, dated January 11, 2013, the City of New York informed the Court that in a letter dated November 23, 2012, it had notified Plaintiff of the deficiencies in his Complaint and informed Plaintiff of its intention to move to dismiss the Complaint. It is hereby ORDERED that if Plaintiff wishes to respond to the deficiencies identified by Defendant, he shall file an amended complaint no later than February 4, 2013 as further set forth in this order. It is hereby ORDERED that the Defendant's request is GRANTED. Defendant shall file an answer, move to dismiss, or otherwise respond to Plaintiff's Complaint within two weeks of Plaintiff's sentencing, whenever it occurs. If Plaintiff files an amended complaint, Defendant shall respond to the amended complaint either twenty-one days after it is filed or two weeks after Plaintiff is sentenced, whichever date is later. It is further ORDERED that Defendant shall submit a letter to update the Court on the status of Plaintiff's sentencing by January 31, 2013, and at the end of every month thereafter until Plaintiff has been sentenced. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff., ( Amended Pleadings due by 2/4/2013.) (Signed by Judge Jesse M. Furman on 1/14/2013) The Clerks Office Has Mailed Copies. (lmb) (Entered: 01/14/2013)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 26 Filed: 12/5/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ENDORSED LETTER addressed to Judge Jesse M. Furman from Morgan Kunz dated 12/3/2012 re: Defendant City writes to request an extension of time to respond to the complaint, until January 15, 2013, and to request that the Court approve a briefing schedule for a motion to dismiss the complaint. The City respectfully requests that it be granted until January 15, 2013 to file a motion to dismiss the complaint. Defendant suggests that Plaintiff's opposition be due February 19, 2013, and that a reply, if necessary, be due March 5, 2013. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to mail a copy of this endorsed letter to Plaintiff. So ordered. (Motions due by 1/15/2013. Responses due by 2/19/2013. Replies due by 3/5/2013.) (Signed by Judge Jesse M. Furman on 12/5/2012) (rjm) (Entered: 12/06/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 24 Filed: 11/9/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ENDORSED LETTER addressed to Judge Jesse M. Furman from Morgan Kunz dated 11/8/2012 re: Defendant City of New York writes, pursuant to Your Honor's Order dated 11/5/2012, to provide a status report and to request that the Court approve a deadline for submission of a response to the complaint. The City reports that the stay will no longer be necessary after Plaintiff is sentenced. As such, Defendant City asks that the stay be lifted following Plaintiff's sentencing and that the City be granted until December 6, 2012 to respond to the complaint. ENDORSEMENT: The stay is hereby lifted. The Clerk of Court is directed to restore this case to the Court's active calendar. Defendant is granted until December 6, 2012, to respond to the complaint. Should the sentencing proceedings be adjourned, defense counsel shall promptly notify the Court and seek an appropriate extension of time to respond to the complaint. The Clerk of Court is directed to mail a copy of this endorsed letter to plaintiff. The City of New York answer due 12/6/2012. (Signed by Judge Jesse M. Furman on 11/9/2012) (ae) (Entered: 11/09/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 23 Filed: 11/5/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ENDORSED LETTER addressed to Judge Jesse M. Furman from Morgan D. Kunz dated 10/31/2012 re: Counsel for defendant writes to request that the stay continue for one more week as this office confirms the status of the criminal case with the District Attorney's office. Should the Court grant this request, this office suggests that it be directed to provide a status report on the criminal case no later than November 9, 2012. ENDORSEMENT: So Ordered. (Signed by Judge Jesse M. Furman on 11/5/2012 nunc pro tunc) (ago) (Entered: 11/05/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 22 Filed: 10/22/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ENDORSED LETTER addressed to Judge Jesse M. Furman from Morgan Kunz dated 10/17/2012 re: Counsel for the defendant writes to request that the Court continue the stay of this action. A further status report will be provided on or by October 31, 2012, or such other date as determined by the Court. As Plaintiff is incarcerated and proceeding pro se; this application is made directly to the Court and without consulting Plaintiff. ENDORSEMENT: Defense counsel shall submit another date to the Court no later than October 31, 2012. The Clerk of Court is directed to mail a copy of this endorsed letter to the plaintiff. So Ordered. (Signed by Judge Jesse M. Furman on 10/22/2012) The Clerks Office Has Mailed Copies. (ago) (Entered: 10/23/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 21 Filed: 10/5/2012, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE OF APPEARANCE by Morgan David Kunz on behalf of The City of New York (Attachments: # 1 Affidavit of service)(Kunz, Morgan) (Entered: 10/05/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 19 Filed: 9/14/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ENDORSED LETTER addressed to Judge Jesse M. Furman from Rudyard W. Ceres dated 9/14/2012 re: Accordingly, the City respectfully requests that the Court continue the stay of this action; and, that a further status report is provided on or by October 31, 2012, or such other date as determined by the Court. As Plaintiff is incarcerated and proceeding pro se; this application is made directly to the Court. ENDORSEMENT: The stay shall remain in effect. Defense counsel shall submit a status report to the Court on or before October 19, 2012. The Clerk of Court is directed to mail a copy of this endorsed letter to the plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/14/2012) The Clerks Office Has Mailed Copies. (ama) (Entered: 09/14/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 18 Filed: 6/1/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  STANDING ORDER (M10-468): IT IS HEREBY ORDERED that (1) effective June 1, 2012, the Clerk of Court shall designate all civil pro se cases to Electronic Case Filing (ECF) database, and (2) all previously pending civil pro se cases shall be designated as ECF cases. IT IS FURTHER ORDERED, that: The Clerk of Court shall docket a copy of this Order in all pending civil pro se cases which shall be designated ECF. Unless ordered by the Court, documents filed by pro se litigants (who are not members of the bar and who do not have an active ECF account) will continue to be filed in the traditional manner on paper and will be scanned and docketed by the Clerk's Office staff into the ECF system. The filings shall be deemed filed on the date the documents are received by the Clerk's Office. Attorneys appearing as counsel for plaintiff(s) or defendant(s) in pro se cases shall file their pleading(s) using the ECF system. Counsel must attach an affirmation/affidavit of service to each pleading indicating the pro se party was served with a paper copy of the pleading. (Signed by Judge Loretta A. Preska on 5/11/2012) (laq) (Entered: 06/12/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 17 Filed: 5/16/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Judge Jesse M. Furman from Rudyard W. Ceres dated 5/15/12 re: Counsel for the City requests that the Court continue the stay of this action and that a further status report is provided on or by September 16, 2012, if the criminal action has not been decided by that date. ENDORSEMENT: The stay is continued. Defendant must submit a status letter to the Court on or before September 16, 2012, or within two weeks of the end of the criminal proceedings, whichever is earlier. The Clerk of Court is directed to mail a copy of this endorsed letter to the plaintiff. So ordered. (Signed by Judge Jesse M. Furman on 5/16/2012) (mro) (Entered: 05/17/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 16 Filed: 4/25/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER. WHEREAS this case was recently transferred to the undersigned, it is hereby ORDERED that unless notified otherwise by the Court, any Scheduling Order or Case Management Plan remains in effect notwithstanding the case's transfer, except that any currently scheduled conference or oral argument with the Court is adjourned until further notification. IT IS FURTHER ORDERED that each party must submit a letter to the Court, not to exceed five pages, updating the Court on the status of the case no later than May 16, 2012, and as further set forth. (Signed by Judge Jesse M. Furman on 4/25/2012) (rjm) (Entered: 04/26/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 15 Filed: 4/16/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Richard J. Holwell is no longer assigned to the case. (pgu) (Entered: 04/16/2012)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 13 Filed: 8/9/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. The City of New York served on 4/25/2011, answer due 5/16/2011. Service was accepted by Dmitriy Aronov (clerk). Document filed by Donnell Baines. (lmb) (Entered: 08/10/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 12 Filed: 8/8/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER: The Court GRANTS defendants' motion to stay this action. The Clerk of the Court is directed to transfer this case to the Court's Suspense Docket. (Signed by Judge Richard J. Holwell on 8/8/2011) (jar) (Entered: 08/08/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 11 Filed: 7/21/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER: Accordingly, defendants' motion is DENIED without prejudice. Defendants may renew their request within fourteen days of the date of this order. Should defendants do so, defendants are directed to provide further elaboration, to the extent it exists, concerning the connection between the criminal action pending against plaintiff and plaintiffs civil suit against defendants.In addition, the Court grants defendants until July 29, 2011 to comply with the Court's prior order directing defendants to identify the John Doe defendants, and to answer or otherwise respond to the complaint. (Signed by Judge Richard J. Holwell on 7/19/2011) (js) (Entered: 07/21/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 10 Filed: 5/23/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ENDORSED LETTER addressed to Judge Richard J. Holwell from Rudyard Ceres dated 5/11/11 re: Request that the time for defendant City of NY to respond to the complaint be extended 60 days from 5/16 to and including 7/15/11 and extend time to provide the service addresses for the four John Doe defendants until 7/15/11. ENDORSEMENT: Requests granted. No further extensions. The City of New York answer due 7/15/2011. (Signed by Judge Richard J. Holwell on 5/18/11) (cd) (Entered: 05/23/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 9 Filed: 3/2/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER OF SERVICE: The Complaint is dismissed as to the New York City Police Department. The Clerk of Court is directed to issue a Summons as to the City of New York, and Plaintiff is directed to serve the Summons and Complaint upon this Defendant. (Signed by Judge Richard J. Holwell on 2/25/2011) (jpo) (Entered: 03/02/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 6 Filed: 2/3/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF CASE ASSIGNMENT to Judge Richard J. Holwell. Judge Unassigned is no longer assigned to the case. (sjo) (Entered: 02/03/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 5 Filed: 1/13/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER: Plaintiff submitted his Complaint without payment of the Court's $350.00 filing fee or an IFP application and Prisoner Authorization form. Plaintiff is therefore directed to pay the $350.00 filing fee or, in the alternative, to submit a completed IFP application and Prisoner authorization form to the Court within thirty (30) days of the date of this Order. If Plaintiff submits the IFP application and Prisoner Authorization form, they must bear the same docket numbers as this Order. No summons shall issue at this time. If Plaintiff complies with this Order, if proper, the case shall be reassigned to a district judge in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this Order within the time allowed, the action will be dismissed. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. (Signed by Judge Loretta A. Preska on 1/13/11) Copies Mailed By Pro Se office. (mro) (Entered: 02/02/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 4 Filed: 2/1/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/1/2011) (mbe) (Entered: 02/01/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 3 Filed: 1/3/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 1/3/2011. (msa) (Entered: 01/03/2011)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 2 Filed: 12/17/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            COMPLAINT against New York Police Dept., Officer John Doe #1, Officer John Doe #2, Officer John Doe #3, Officer John Doe #4, The City of New York. Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by Donnell Baines.(mro) (Entered: 12/29/2010)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 1 Filed: 12/17/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Donnell Baines.(mro) (Entered: 12/29/2010)
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