| Court: | nysd |
| Docket #: | 7:06-cv-04398 |
| Case Name: | Smith v. Gongela et al |
| PACER case #: | 285686 |
| Date filed: | 2006-06-12 |
| Date terminated: | 2008-02-13 |
| Assigned to: | Judge Kenneth M. Karas |
| Referred to: | Magistrate Judge George A. Yanthis |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 555 Prisoner: Prison Condition |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Thomas Smith Plaintiff |
Thomas Smith |
| Capt. Gongela Defendant Shield #842 TERMINATED: 12/06/2006 |
|
| C.O. A. Clark Defendant Shield #15440 |
Genevieve Nelson Gabriel Paul Harvis |
| C.O. Hawkins Defendant Shield #3600 |
Genevieve Nelson Michael A. Cardozo Gabriel Paul Harvis |
| The City of New York Defendant |
Genevieve Nelson Gabriel Paul Harvis |
| Commissioner Martin F. Horn Defendant NYC Department of Correctional Service |
|
| Warden Emanule Bailey Defendant |
|
| Captain J. Gonzalez Defendant Shield #842 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2006-06-12 | 1 | 0 | ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Michael B. Mukasey on 6/9/2006) "The Clerk's Office Has Mailed Copies".(mde, ) (Entered: 06/14/2006) | |||
| 2006-10-30 | 2 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Genevieve Nelson dated 10/27/2006 re: Dft Gonzalez respectfully requests that his time to respond to the complaint be extended to 12/29/2006...ENDORSED: It is 10/30-you have 61 days until 12/29-you do not need an enlargement of 61 days to ascertain this simple matter.- 30 day adjournement no more.. (Signed by Judge Colleen McMahon on 10/30/2006) "The Clerk's Office Has Mailed Copies".(mde, ) (Entered: 11/01/2006) | |||
| 2006-11-07 | 3 | 0 | MEMORANDUM From: Judge McMahon, To: All Litigants, Re: Transfer to Foley Square Effective January 2, 2007, Judge McMahon's duty station will change from White Plains to Foley Square. Her new contact information will be: Daniel P. Moynihan Courthouse, Chambers 640, 500 Pearl Street, New York, New York 10007, (212) 805-6325 (telephone for emergencies only) (212) 805-6326 (fax). Judge McMahon will remain in the White Plains wheel through December 29, 2006. Pending the confirmation of a new judge to fill the vacancy created by the retirement of Judge Mukasey, Judge McMahon will continue to administer all White Plains cases previously assigned to her. Judge McMahon will keep her White Plains chambers and her emergency telephone and fax numbers in White Plains (914-390-4145 and 4152, respectively) as long as she is handling White Plains cases. She will be in White Plains every Friday to conduct case conferences (criminal and civil) and sentencings. She will try her White Plains cases in Courtroom 533 in the White Plains courthouse. She will not try White Plains cases in Foley Square. She will, however, conference White Plains civil cases in Foley Square for the convenience of counsel if all parties agree. Out-of-district counsel in civil cases may request telephone conferences. The White Plains magistrate judges will supervise discovery in Judge McMahon's White Plains cases. Effective January 2, communications to chambers should be faxed to BOTH chambers (White Plains and Foley Square). Courtesy copies of motion papers and briefs in White Plains cases should be delivered to White Plains unless otherwise instructed by chambers. (mj, ) (Entered: 11/07/2006) | |||
| 2006-11-01 | 4 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint served. Gongela served on 10/23/2006, answer due 11/13/2006; A. Clark served on 10/23/2006, answer due 11/13/2006; Hawkins served on 10/23/2006, answer due 11/13/2006. Service was accepted by C.O.,K. Surrus #13523. Document filed by Thomas Smith. (dcr, ) (Entered: 11/09/2006) | |||
| 2006-11-14 | 5 | 0 | ENDORSED LETTER addressed to Your Honor from Genevieve Nelson dated 11/13/2006 re: enlargement of time to respond...ENDORSED: All responses are due 12/29/2006 and no further extensions will be granted.. (Signed by Judge Colleen McMahon on 11/14/2006) "The Clerk's Office Has Mailed Copies".(mde, ) (Entered: 11/14/2006) | |||
| 2006-12-06 | 6 | 0 | AMENDED COMPLAINT amending PLRA Sec. 7(2)(g)(2) Complaint against Gonlagz, The City of New York, A. Clark, Hawkins.Document filed by Thomas Smith. Related document: PLRA Sec. 7(2)(g)(2) Complaint filed by Thomas Smith,.(dcr, ) (Entered: 12/12/2006) | |||
| 2006-12-14 | 7 | 0 | ORDER:...re: 6 Amended Complaint filed by Thomas Smith.Any defects in the amended complaint should be addressed, not by letter, but by a motion to dismiss. Any further amendment will, of course, require the permission of the Court. (Signed by Judge Colleen McMahon on 12/14/2006) "Copies Mailed By Chambers".(mde, ) (Entered: 12/15/2006) | |||
| 2006-12-29 | 8 | 0 | ANSWER to Complaint with JURY DEMAND. Document filed by Gonlagz, Hawkins.(mde, ) (Entered: 01/03/2007) | |||
| 2007-01-16 | 9 | 0 | PRO SE MEMORANDUM dated 2/2/2007 re: CHANGE OF ADDRESS for Thomas Smith. New Address: (06-A-1624, Watertown Correctional Facility, P. O. Box 168, Watertown, New York, 13601-0168. (mde) (Entered: 02/07/2007) | |||
| 2007-02-27 | 10 | 0 | NOTICE OF APPEARANCE by Genevieve Nelson on behalf of Gonlagz, The City of New York, A. Clark, Hawkins (jma) (Entered: 02/28/2007) | |||
| 2007-02-20 | 11 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. The City of New York served on 2/13/2007, answer due 3/5/2007. Service was accepted by M. Santana. Document filed by Thomas Smith. (dle) (Entered: 03/01/2007) | |||
| 2007-02-20 | 12 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Gonlagz served on 2/13/2007, answer due 3/5/2007. Service was accepted by Capt. Gibson #196. Document filed by Thomas Smith. (dle) (Entered: 03/01/2007) | |||
| 2007-02-20 | 13 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. A. Clark served on 2/13/2007, answer due 3/5/2007. Service was accepted by Capt. Gibson #196. Document filed by Thomas Smith. (dle) (Entered: 03/01/2007) | |||
| 2007-02-20 | 14 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Hawkins served on 2/13/2007, answer due 3/5/2007. Service was accepted by Capt. Gibson #196. Document filed by Thomas Smith. (dle) (Entered: 03/01/2007) | |||
| 2007-03-02 | 15 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Genevieve Nelson dated 2/23/2007 re: Defendants write in response to Plaintiff's Amended Complaint...ENDORSED: Stop sending letters-Make a real motion. Do not ever send a letter like this. (Signed by Judge Colleen McMahon on 3/2/2007) "The Clerk's Office Has Mailed Copies".(mde) (Entered: 03/05/2007) | |||
| 2007-03-28 | 16 | 0 | NOTICE OF MOTION for Summary Judgment Pursuant to Rule 56 of the F.R.C.P.. Document filed by Gonlagz, A. Clark, Hawkins.(mde) (Entered: 03/29/2007) | |||
| 2007-03-28 | 17 | 0 | NOTICE TO PRO SE LITIGANT OPPOSING MOTION TO DISMISS. Document filed by Gonlagz, A. Clark, Hawkins. (mde) (Entered: 03/29/2007) | |||
| 2007-03-28 | 18 | 0 | NOTICE OF MOTION to Dismiss the Complaint and in the Alternative, For A More Definite Statement. Document filed by Gonlagz, A. Clark, Hawkins.(mde) (Entered: 03/29/2007) | |||
| 2007-03-28 | 19 | 0 | MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss.. Document filed by Gonlagz, A. Clark, Hawkins. (mde) (Entered: 03/29/2007) | |||
| 2007-04-18 | 20 | 0 | MOTION for Extension of Time. Document filed by Thomas Smith. MEMO ENDORSED: Adjourned granted (CM)(jmi) (Entered: 04/23/2007) | |||
| 2007-04-20 | 21 | 0 | MOTION for Extension of Time to file my motion....I need 90-days.... Document filed by Thomas Smith.(jma) (Entered: 04/25/2007) | |||
| 2007-05-02 | 22 | 0 | ORDER.....that the Superintendent or other offical in charge of the Watertown Correctional Facility transport and produce inmate Thomas Smith.....to Sing Sing Correctional Facility, located in Ossining, New York, for the taking of his deposition, commencing on May 17, 2007 10:30 am.... (Signed by Judge Colleen McMahon on 05/01/2007) The Clerk's Office Has Mailed Copies.(jma) (Entered: 05/03/2007) | |||
| 2007-05-01 | 23 | 0 | MOTION to Dismiss. Attached is Memorandum of Law in Support of Plantiff's Motion and Sworn Affidavit in Opposition to the motion for Summary Judgment with Exhibits Accompanied. Document filed by Thomas Smith.(djc) (Entered: 05/07/2007) | |||
| 2007-05-10 | 24 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Gabriel Harvis dated 5/2/2007 re: Request that Your Honor allow us to submit the reply to plaintiff's opposition to our motion...Endorsement: Adjournment granted.. (Signed by Judge Colleen McMahon on 5/9/2007) The Clerk's Office Has Mailed Copies.(cg) (Entered: 05/11/2007) | |||
| 2007-06-07 | 25 | 0 | ENDORSED LETTER addressed to Judge Colleen McMahon from Gabriel Harvis dated 5/31/2007 re: Request to submitt the Reply to plaintiff's opposition to motion to dismiss and supplemental brief on the issue of qualified immunity by June 13,2007...Endorsement:Extension Granted.. (Signed by Judge Colleen McMahon on 6/1/2007) The Clerk's Office Has Mailed Copies.(cg) (Entered: 06/08/2007) | |||
| 2007-06-15 | 26 | 0 | NOTICE OF APPEARANCE by Gabriel Harvis on behalf of Gonlagz, The City of New York, A. Clark, Hawkins (mde) (Entered: 06/20/2007) | |||
| 2007-06-15 | 27 | 0 | SUPPLEMENTAL MEMORANDUM ON THE ISSUE OF QUALIFIED IMMUNITY And In Further Support re: 18 MOTION to Dismiss.. Document filed by Gonlagz, The City of New York, A. Clark, Hawkins. (mde) (Entered: 06/20/2007) | |||
| 2007-06-15 | 28 | 0 | REPLY MEMORANDUM OF LAW in Further Support re: 18 MOTION to Dismiss.. Document filed by Gonlagz, The City of New York, A. Clark, Hawkins. (mde) (Entered: 06/20/2007) | |||
| 2007-06-15 | 29 | 0 | DECLARATION of Gabriel Harvis in Support re: 18 MOTION to Dismiss.. Document filed by Gonlagz, The City of New York, A. Clark, Hawkins. (mde) (Entered: 06/20/2007) | |||
| 2007-07-25 | 30 | 0 | LETTER addressed to Hon. Colleen McMahon from Gabriel Harvis dated 07/20/2007 re:....I write in response to plaintiff's Application for Appointment of Counsel dated June 28, 2007..... Document filed by Gonlagz, The City of New York, A. Clark, Hawkins.(jma) (Entered: 07/26/2007) | |||
| 2007-08-03 | 31 | 0 | MEMORANDUM From: Judge McMahon, To: All Litigants: Effective August 3, 2007, Judge McMahon will no longer be responsible for any cases, civil or criminal in White Plains. Her entire pending docket, civil and criminal, will be transferred to The Hon. Kenneth M. Karas. From August 4, 2007 until September 3, 2007, Judge Karas will be transitioning into White Plains; in case of emergencies, he can be reached at 500 Pearl Street, Chambers 920, New York, New York 10007, telephone number (212) 805-0274. Routine applications for matters like adjournments should be addressed to the assigned Magistrate Judge, to the Magistrate Judge on duty in White Plains (if your assigned Magistrate Judge is on vacation), or to the Judge sitting in Part I in Foley Square. Beginning September 4, 2007 Judge Karas will be in Chambers 533, his telephone number will be (914) 390-4145. After August 3, DO NOT send any correspondence or inquiry relating to a White Plains case to Judge McMahon. (mj) (Entered: 08/07/2007) | |||
| 2007-08-06 | 32 | 0 | NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Colleen McMahon is no longer assigned to the case. (mj) (Entered: 08/07/2007) | |||
| 2007-09-27 | 33 | 0 | MOTION for Leave to File a Second Amended Complaint. Document filed by Thomas Smith.(cd) (Entered: 10/15/2007) | |||
| 2007-10-25 | 34 | 0 | ORDERED, that a status conference in this matter is set for November 30, 2007 at 2:00pm. The plaintiff will be present by telephone. The Warden of the prison shall have the plaintiff present by telephone to participate in this conference call. The Court will initiate the telephone call.... (Signed by Judge Kenneth M. Karas on 10/25/2007) The Clerk's Office Has Mailed Copies.(jma) (Entered: 10/26/2007) | |||
| 2007-11-05 | 35 | 0 | PRO SE MEMORANDUM dated 11/6/07 re: CHANGE OF ADDRESS for Thomas Smith. New Address: 06-A-1624, Male Creek A.S.A.T.C.A., PO Box 950, Johnstown, NY, 12095-0950. (tro) (Entered: 11/09/2007) | |||
| 2007-12-04 | 36 | 0 | 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 George A. Yanthis. (Signed by Judge Kenneth M. Karas on December 3, 2007) The Clerk's Office has Mailed Copies.(ll) (Entered: 12/04/2007) | |||
| 2007-12-04 | 37 | 0 | ENDORSED LETTER addressed to Hon. Sir from Thomas Smith dated 08/28/2007 re: regarding appointment of counsel. ENDORSEMENT: The Clerk is respectfully requested to docket this letter-motion.SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/4/2007) "The Clerk's Office Has Mailed Copies".(gco) (Entered: 12/05/2007) | |||
| 2007-12-04 | 38 | 0 | ORDER:... Defendant's Motion for Summary Judgment and Motion to Dismiss are DENIED WITHOUT PREJUDICE to renewal; and it is further ORDERED that, for the reasons stated on record, Plaintiff's Motion for Appointment of Counsel is DENIED WITHOUT PREJUDICE to renewal' and it is further ORDERED that Plaintiff's Motion for Leave to File a Second Amended Complaint is GRANTED...re: 23 MOTION to Dismiss. filed by Thomas Smith, 18 MOTION to Dismiss. filed by Hawkins, Gonlagz, A. Clark, 33 MOTION for Leave to File Amended Complaint. filed by Thomas Smith, 16 MOTION for Summary Judgment. filed by Hawkins, Gonlagz, A. Clark, Motions terminated: 33 MOTION for Leave to File Amended Complaint. filed by Thomas Smith, 18 MOTION to Dismiss. filed by Hawkins, Gonlagz, A. Clark, 16 MOTION for Summary Judgment. filed by Hawkins, Gonlagz, A. Clark, 23 MOTION to Dismiss. filed by Thomas Smith., ( Second Amended Complaint due by 1/31/2008, Answer due thirty days after receipt.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/30/2007) "The Clerk's Office Has Mailed Copies".(gco) (Entered: 12/05/2007) | |||
| 2008-01-18 | 39 | 0 | ORDER...The matter has been scheduled for a settlement conference before the Hon. George A. Yanthis, US Magistrate Judge on January 24, 2008 at 1:30pm.....Defense counsel shall appear in person... (Signed by Magistrate Judge George A. Yanthis on 01/18/2008) Copies Mailed By Chambers.(jma) (Entered: 01/24/2008) | |||
| 2008-01-25 | 41 | 0 | SECOND AMENDED COMPLAINT amending 6 Amended Complaint, PLRA Sec. 7(2)(g)(2) Complaint against Martin F. Horn, Emanule Bailey, J. Gonzalez, The City of New York, A. Clark, Hawkins.Document filed by Thomas Smith. Related document: 6 Amended Complaint filed by Thomas Smith, PLRA Sec. 7(2)(g)(2) Complaint filed by Thomas Smith.(gco) (Entered: 01/30/2008) | |||
| 2008-01-30 | 42 | 0 | SUMMONS ISSUED as to Martin F. Horn, Emanule Bailey, J. Gonzalez, The City of New York, A. Clark, Hawkins. (jar) (Entered: 02/01/2008) | |||
| 2008-02-13 | 43 | 0 | STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL... So Ordered. (Signed by Judge Kenneth M. Karas on 2/11/08) The Clerk's Office Has Mailed Copies.(fk) (Entered: 02/15/2008) |