| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2007-02-21 |
1 |
0 |
I.F.P. Endorsement |
ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Kimba M. Wood on 2/20/07) (tro) |
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| 2007-02-21 |
2 |
0 |
PLRA Sec. 7(2)(g)(2) Complaint |
COMPLAINT against Rodriguez Doe, Joe Doe, James Doe, Disole Doe, Sullivan County Sheriff Hague, John Doe, Pugh Doe, Alonzo Doe, Lynch Doe, Duffy Doe, Theil Doe. Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by Richard Motz.(tro) |
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| 2007-03-07 |
3 |
0 |
Order Referring Case to Magistrate Judge |
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. Referred to Magistrate Judge Douglas F. Eaton. (Signed by Judge Richard C. Casey on 3/6/07) (db) |
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| 2007-03-12 |
4 |
0 |
Order |
MEMORANDUM AND ORDER; I direct plaintiff to complete all action needed for formal service of the S&C; upon each defendant; If plaintiff does not, by 6/21/07, send me (a) proof of service or (b) good reasons for failure to make service on the defendants (other than the defendants whose last names are unknown to plaintiff), then I will recommend that the District Judge dismiss this lawsuit; Plaintiff is required to give prompt written notice, to both the Pro Se Office and my chambers, about any change of address. Failure to do may result in a dismissal of the lawsuit. (Signed by Judge Douglas F. Eaton on 3/9/07) (ae) |
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| 2007-05-17 |
5 |
0 |
Order |
ORDER This case was assigned to Judge Richard Conway Casey, who passed away on 3/22/07. The case will be reassigned to a new judge in the near future. You will be notified of the reassignment on ECF (for ECF cases) or in a form to be mailed to you (for non-ECF cases). The parties in this case are ordered to review the attorney/party information on the docket sheet and determine whether the information presently listed is incorrect. If an error exists, the affected party must submit updated contact information no later than 5/30/07. Parties should take care to remove the contact information for attorneys no longer involved in the case and to enter appearances for any current attorneys who are not listed. The parties are also ordered to submit a joint summary of the case no later 5/30/07. The Summary should be sent to Judge Caseys Chambers Attn: Law Clerks and will be provided to the new judge upon reassignment of the case. The Summary should be a bare statement of the case with any relevant procedural history. This includes, but is not limited to, the subject matter of the litigation, whether discovery is complete, whether the case is or has been before a magistrate judge, whether there are any motions or applications pending, and the subject matter of the pending motions or applications, if any. Be sure to indicate whether the parties have entered into a case management plan and list the relevant dates. The Summary is not a vehicle for arguing the merits of disputed issues and should be brief. If the defendant in this case has not yet appeared, the plaintiff should indicate this fact and need not make a joint submission. Parties in cases involving an incarcerated pro se litigant need not make a joint submission. Should matters arise prior to the reassignment, parties are directed to review the previously issued Notice to Parties with Pending Civil Cases Before Judge Casey, available at www.nysd.uscourts.gov and follow the directions therein. (Signed by Judge Kimba M. Wood on 05/16/2007) (mj) |
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| 2007-05-18 |
6 |
0 |
Notice of Case Assignment/Reassignment |
NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Richard C. Casey is no longer assigned to the case. (laq) |
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| 2007-05-31 |
7 |
0 |
Order |
ORDER The following procedures will apply to all cases transferred from Judge Caseys docket to Judge McMahon:I. PROCEDURES FOR CASES IN WHICH THERE ARE NO PRO SE PARTIES:1. Individual Rules: First and most important, please download a copy of Judge McMahons Individual Rules, which can be found on the courts web site (www.nysd.uscourts.gov), under Judges Rules (click on Judge McMahons name). Read them carefully. Judge McMahons Rules differ somewhat from the rules of other judges. She expects counsel to be familiar with her rules and to follow them. 2. Compilation of Chambers Files: Judge McMahon will receive from Judge Caseys chambers a copy of the letter submitted by counsel pursuant to the Order of Chief Judge Wood dated May 16, 2007. She will also receive courtesy copies of motion papers. In order to assemble an up-to-date chambers file, she needs to receive the following from counsel: (A) If Judge Casey entered a scheduling order or a case management order, please mail or fax to chambers a courtesy copy of the most recent such order. (B) If your case has been referred to a magistrate judge for any purpose, please send a copy of the order of reference to chambers.(C) If a Joint Pre-Trial Order has been filed, please send a courtesy copy to chambers. 3. Discovery Deadlines Where Prior Scheduling Order in Place: If you have a scheduling order in place containing a discovery deadline that has not yet passed, please adhere to that deadline. Judge McMahon does NOT routinely grant adjournments or extend the time to complete discovery. She expects cases to be ready for trial within six months of the filing of the complaint (or, in the case of transferred cases, within six months from the date of transfer). If your discovery deadline has passed, she is not going to give you additional time to complete discovery even if you have not conducted any discovery to date. If you have a discovery schedule, the date by which you must submit your Joint Pre-Trial Order and other pre-trial papers required by Jude McMahons Individual Rules is forty-five days after the discovery deadline. This rule supercedes any prior order of Judge Casey on this subject. If your discovery deadline passed more than 45 days ago, you have 45 days from the date of this order to submit a Final Pre-trial Order and you are subject to be called for trial on 48 hours notice, beginning July 15, 2007. Judge McMahon does not delegate to the magistrate judges authority to alter the discovery schedule that she sets. She will not honor any prior delegation of such authority made by Judge Casey. If you want the magistrate to have the authority to extend the discovery deadline from whatever it is today (whether that deadline was set by the Magistrate Judge or by Judge Casey), Judge McMahon will be happy to sign an order referring your case to the Magistrate Judge for all purposes, including trial. Unless you go to the Magistrate Judge for all purposes, Judge McMahon will retain control over your discovery deadline. 4. Case Management Orders In Cases Where None Has Been Entered: If you do NOT have a case management or scheduling order in place, you can put one in place in one of two ways: by consent of counsel or after a Rule 16 conference with Judge McMahon. Download Judge McMahons form of scheduling order, which can be found on-line at www.nysd.uscourt.gov. If counsel can agree on a set of dates that gets the case ready for trial in six months from the date the case was transferred, fill out the order, sign it and submit it the chambers via fax (212-805-6326) for the judges signature. Consent scheduling orders in transferred cases must be received in Chambers by June 6, 2007. If the time frame comports with the judges rules, she will sign the order and send you an order of reference to the magistrate judge for discovery supervision and non-dispositive motions. If counsel cannot agree on a scheduling order by June 6, 2007, you will be notified of the time and date for a Rule 16 conference, at which an order conforming to Judge McMahons rules will be entered. Judge McMahon does NOT adjourn Rule 16 conferences except in extraordinary circumstances.5. Joint Pre-Trial Orders Not Yet Filed: If the discovery deadline imposed by Judge Caseys or the Magistrate Judges most recent case management order has passed but you have not filed a Joint Pre-Trial Order, you have forty-five days from the date of this order to file a Joint Pre-Trial Order, along with all other pre-trial papers required by Judge McMahons Individual Rules. Papers to be filed along with the Joint Pre-Trial Order include proposed jury instructions (jury trials) or findings of fact and conclusions of law (bench trials), as well as trial briefs, if necessary. Do not file motions in limine. Motions in limine will be denied without prejudice if they are filed along with the Joint Pre-Trial Order. They should be filed when the case is noticed for a Final Pre-Trial Conference. YOU MUST FILE THE JOINT PRE-TRIAL ORDER AND RELATED DOCUMENTS, EVEN IF YOU HAVE A MOTION FOR SUMMARY JUDGMENT PENDING OR YOU PLAN TO FILE SUCH A MOTION. Judge McMahon does not waive the filing of trial-ready papers just because dispositive motions have been made or are contemplated. Judge McMahon will NOT grant any extension of the forty-five day deadline for filing trial-ready papers in cases in which discovery is, or should have been, completed. This order supercedes any other order previously entered by Judge Casey concerning the filing of a Joint Pre-Trial Order or other pre-trial papers. 6. Electronic Discovery: Judge McMahons rules governing electronic discovery (which can be found at www.nysd.uscourts.gov) apply automatically to any case assigned to her docket unless and until the parties agree on a different electronic discovery order. If Judge Casey or a Magistrate Judge previously entered an electronic discovery order, that order will control in your case; otherwise, you are subject to Judge McMahons rules unless you present something different for her signature. 7. Special Rules for Section 1983 Cases: Counsel representing individual defendants in Section 1983 cases who are asserting the defense of qualified immunity should read Judge McMahons Individual Rule concerning qualified immunity motions, and should take or complete the plaintiffs deposition and make the motion required by Judge McMahons rules within sixty days of the date of this order, regardless of the state of discovery. Judge McMahon will not extend this deadline for any reason. Please read the rule carefully: Judge McMahon will not consider anything on a qualified immunity motion except the testimony of the plaintiff, which testimony must be taken prior to filing papers in support of the motion. Any defendant who does not make a motion as required by Judge McMahons rules waives his right to have the issue of qualified immunity decided on motion prior to trial. 8. Special Rules for Patent Cases: Judge McMahon has procedures for handling patent cases that differ from her procedure in other cases. If your case is a patent case, you will be called in for a status conference. If you are presently engaged in discovery pursuant to a Scheduling Order entered by Judge Casey, please continue with discovery until your conference can be held. 9. Special Rules for IDEA and ERISA Denial of Benefits Cases: Instead of entering to a scheduling order that provides for discovery, either counsel should agree on a schedule for making cross-motions for summary judgment on the administrative record and submit that schedule to the Court, or the court will impose such a briefing schedule at a status conference. 10. Special Rules for Cases Subject to the Private Securities Litigation Reform Act: Judge McMahon will conference your case and set a schedule in keeping with the statute. II. FOR CASES IN WHICH THERE IS A PRO SE PARTY:In general, Judge McMahons normal rules apply. Pro se parties, like all other parties, are required to become familiar with Judge McMahons Individual Rules and to follow them. This section sets out any variations from her usual rules for cases in which any party is pro se.1. Scheduling Order. If there is a scheduling order in place, please adhere to that scheduling order. The Magistrate Judge has authority in cases in which any party is pro se to extend the scheduling order for good cause shown. If there is no scheduling order in place, Judge McMahon will conference your case, set a scheduling order and issue an order of reference to the Magistrate Judge for discovery supervision. 2. Final Pre-Trial Orders: In cases involving pro se parties, the pro se party and parties represented by counsel file separate Pre-Trial Orders and related papers. All such papers are due forty-five days after the expiration of the discovery deadline. 3. Prisoner Cases: In cases involving incarcerated pro se parties, counsel for any represented party or parties shall arrange for a copy of all scheduling orders, orders of reference, pending motion papers and other papers needed to assemble an up-to-date chambers file to be forwarded to chambers. (Signed by Judge Colleen McMahon on 05/25/2007) (mj) |
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| 2007-06-12 |
8 |
0 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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. Alonzo Doe served on 6/5/2007, answer due 6/25/2007. Service was made by Mail. Document filed by Richard Motz. (tro) |
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| 2007-06-14 |
9 |
0 |
Marshal's Process Receipt and Return of Service Unexecuted |
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Duffy Doe. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 6/8/07. Document filed by Richard Motz. (tro) |
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| 2007-06-14 |
10 |
0 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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. Theil Doe served on 6/5/2007, answer due 6/25/2007. Service was made by Mail. Document filed by Richard Motz. (tro) |
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| 2007-06-14 |
11 |
0 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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. Disole Doe served on 6/12/2007, answer due 7/2/2007. Service was made by Mail. Document filed by Richard Motz. (tro) |
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| 2007-06-27 |
12 |
0 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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. Rodriguez Doe served on 6/13/2007, answer due 7/3/2007. Service was made by mail. (jar) |
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| 2007-06-27 |
13 |
0 |
Motion for Extension of Time |
EX PARTE MOTION for Extension of Time to Effect Service of Summons and complaint on Defendants Not Yet Served. Attached is Affirmation in Support of Richard Motz. Document filed by Richard Motz.(djc) Modified on 7/5/2007 (Clark, Dolores). |
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| 2007-07-27 |
14 |
0 |
Answer to PLRA Sec. 7(2)(g)(2) Complaint |
ANSWER to Complaint. Document filed by Duffy Doe.(cd) |
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| 2007-08-08 |
15 |
0 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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. Pugh Doe served on 7/20/2007, answer due 8/9/2007. Service was accepted by Capt. Ginty. Document filed by Richard Motz. (dle) |
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| 2007-08-14 |
16 |
0 |
Notice of Case Assignment/Reassignment |
NOTICE OF CASE REASSIGNMENT to Judge Stephen C. Robinson. Judge Colleen McMahon is no longer assigned to the case. (fk) |
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| 2007-08-17 |
17 |
0 |
Order Referring Case to Magistrate Judge |
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for All Purposes. Referred to Magistrate Judge Mark D. Fox. (Signed by Judge Stephen C. Robinson on 08/16/2007) The Clerk's Office Has Mailed Copies.(jma) |
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| 2007-08-20 |
18 |
0 |
Writ of Habeas Corpus ad Testificandum Issued |
Writ of Habeas Corpus ad Testificandum Issued as to Richard Motz for 09/27/2007. (Signed by Judge Mark D. Fox on 08/20/2007) Copies mailed by chambers (jma) |
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| 2007-08-08 |
19 |
0 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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. Lynch Doe served on 7/20/2007, answer due 8/9/2007. Service was accepted by Capt. Ginty. Document filed by Richard Motz. (tro) |
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| 2007-08-08 |
20 |
0 |
Marshal's Process Receipt and Return of Service Unexecuted |
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Sullivan County Sheriff Hague. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 7/20/07. Document filed by Richard Motz. (tro) |
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| 2007-08-24 |
21 |
0 |
Reply |
REPLY re: [14] Answer to PLRA Sec. 7(2)(g)(2) Complaint. Document filed by Richard Motz. (jma) |
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| 2007-08-27 |
22 |
0 |
Motion to Appoint Counsel |
MOTION to Appoint Counsel. MOTION for Leave to Proceed in forma pauperis. (Received in docketing on 8/29/2007 at 8:49 a.m.) Document filed by Richard Motz.(jar) |
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| 2007-09-07 |
23 |
0 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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 Steven Duffy (Doe) at 32 Rock Avenue, Callicoon, NY 12723 served on 8/21/2007, answer due 9/10/2007. Document filed by Richard Motz. Served by USMS Deputy D. Baerga (ll) |
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| 2007-09-18 |
24 |
0 |
Notice of Case Assignment/Reassignment |
NOTICE OF CASE REASSIGNMENT to Judge Charles L. Brieant. Judge Stephen C. Robinson is no longer assigned to the case. (The Clerk's Office Has Mailed Copies) (fk) |
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| 2007-09-25 |
25 |
0 |
Marshal's Process Receipt and Return of Service Unexecuted |
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Duffy Doe. Attempted Service of Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint. Service was attempted on 09/14/2007. Document filed by Richard Motz. (jma) |
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| 2007-10-09 |
26 |
0 |
Letter |
LETTER addressed to Dear Judge Brieant from Michael Davidoff dated 10/05/2007 re: Please be advised that this firm is being substitued as atty. for deft. Sullivan County Sheriff Hague..... Document filed by Sullivan County Sheriff Hague.(jma) |
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| 2007-10-17 |
27 |
0 |
Notice of Substitution of Attorney |
NOTICE of Substitution....Please be advised this firm is being substituted as attorney for defendant Sullivan County Sheriff Hague (Hogue). Please mark your file accordingly. We will file a formal substitution shortly. Document filed by Sullivan County Sheriff Hague. (jma) |
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| 2007-10-18 |
28 |
0 |
Writ of Habeas Corpus ad Testificandum Issued |
Writ of Habeas Corpus ad Testificandum Issued as to Richard Motz for 12/20/2007. (Signed by Judge Mark D. Fox on 10/18/2007) Copies mailed my chambers. (jma) |
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| 2007-10-23 |
29 |
0 |
Consent Order |
CONSENT TO CHANGE ATTORNEY AND ORDER...IT IS HEREBY CONSENTED THAT Drew, Davidoff & Edwards Law Offices, LLP of 13 Liberty Street, PO Drawer 1040, Monticello, New York 12701 be substituted as attorneys of record for the undersigned party in the above entitled action in place and stead of the undersigned atty's. as of the date thereof. So Ordered. (Signed by Judge Charles L. Brieant on 10/22/2007) The Clerk's Office Has Mailed Copies.(jma) |
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| 2007-10-23 |
30 |
0 |
Order |
ORDER OF SUBSTITUTION....ORDERED, that Michael A. Schiff, Sullivan County Sheriff be substituted as deft. in this action in his official capacity as Sheriff of Sullivan County in the place of Sullivan County Sheriff Hogue (Hague). (Signed by Judge Mark D. Fox on 10/23/2007) The Clerk's Office Has Mailed Copies.(jma) |
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| 2007-10-16 |
31 |
0 |
Marshal's Process Receipt and Return of Service Executed Complaints |
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. Daniel Hogue served on 10/3/2007, answer due 10/23/2007. Service was made by MAIL. Document filed by Richard Motz. (kco) |
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| 2007-12-17 |
32 |
0 |
Writ of Habeas Corpus ad Testificandum Issued |
Amended Writ of Habeas Corpus ad Testificandum Issued as to Richard Motz for 01/18/2008. (Signed by Judge Magistrate Judge Mark D. Fox on 12/17/2007) Chambers Mailed Copies (jma) |
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| 2008-01-31 |
33 |
0 |
Notice of Appearance |
NOTICE OF APPEARANCE by Clifford Gordon on behalf of Duffy Doe. Representing Steven Duffy, named in the complaint herein as "Deputy Sheriff Duffy Doe". (gco) |
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| 2008-02-26 |
34 |
0 |
Transcript |
TRANSCRIPT of proceedings held on January 18, 2008 before Magistrate Judge Mark D. Fox. Court Reporter: Mary M. Staten. (br) |
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| 2008-03-12 |
35 |
0 |
Motion to Appoint Counsel |
Application for the Appointment of Counsel. Document filed by Richard Motz.(rw) |
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| 2008-01-13 |
36 |
0 |
Motion to Appoint Counsel |
MOTION to Appoint Counsel. Document filed by Richard Motz.(jma) |
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| 2008-07-10 |
37 |
0 |
Notice (Other) |
NOTICE From: Judge Mark D. Fox, USMJ, To: All Litigants Effective August 6, 2008, The Hon. Mark D. Fox, USMJ will be retiring from the bench, all cases referred to him will be maintained and monitored by his Courtroom Deputy Ed. Modugno until a new Magistrate Judge is in place. In case of extensions of time, discovery disputes, etc. you can contact Mr. Modugno, at 914-390-4127 he will arrange for another Magistrate Judge to handle the matter. (Mark D. Fox U.S. Magistrate Judge) (mj) |
2009-08-06 13:56:13 |
b1b2bac738ed711a237f6c09e43ec45aa60a1c23 |
| 2008-08-05 |
38 |
0 |
Notice of Case Assignment/Reassignment |
NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Charles L. Brieant is no longer assigned to the case. (Attachments: # (1) Case List) (mj) |
2009-08-06 13:56:17 |
6162826e697077a89399345ea6f2d147cbe238b2 |
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38 |
1 |
Case List |
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2009-08-06 13:56:06 |
8d4374c1121c66c3a8e81c437f703f9c7d999fb6 |