Case docket: Desir v. Department of Corrections et al

Case details

Court:	nysd
Docket #:	1:07-cv-10553
Case Name:	Desir v. Department of Corrections et al
PACER case #:	317398
Date filed:	2007-11-26
Date terminated:	2009-01-28
Date of last filing:	2008-08-05
Assigned to:	Judge Richard M. Berman
Referred to:	Magistrate Judge Michael H. Dolinger
Case Cause:	42:1983 Prisoner Civil Rights
Nature of Suit:	555 Prisoner: Prison Condition
Jury Demand:	Both
Jurisdiction:	Federal Question

Parties

Represented Party	Attorney & Contact Info
Jeffrey Desir Plaintiff	Jeffrey Desir 09-08-220 Luzerne County Correctional Facility 99 Water Street Wilkes-Barre, PA 18702 PRO SE
Department of Corrections Defendant	Caryn Anne Rosencrantz NYC Law Department, Office of the Corporation Counsel (NYC) 100 Church Street New York, NY 10007 212-788-0303 Fax: 212-788-9776 Email: crosencr@law.nyc.gov ATTORNEY TO BE NOTICED Katherine Elizabeth Smith The Law Office of Katherine E. Smith 233 Broadway Ste. 1800 New York, NY 12079 (347) 470-3707 Email: ksmith@legalsmithny.com ATTORNEY TO BE NOTICED
2 Captains Defendant one of the Captains name is L. Brown and the other name is n/a - I know them by face TERMINATED: 07/30/2008
2 Probe Team C.O.'s Defendant TERMINATED: 07/30/2008
Warden of O.B.C.C. Defendant TERMINATED: 07/30/2008	Caryn Anne Rosencrantz (See above for address) ATTORNEY TO BE NOTICED
Capt. Singletary Defendant #1004	Caryn Anne Rosencrantz (See above for address) ATTORNEY TO BE NOTICED
Capt. L. Brown Defendant	Katherine Elizabeth Smith (See above for address) ATTORNEY TO BE NOTICED
C.O. John Doe Defendant TERMINATED: 07/30/2008
John Doe Defendant Male African American 7x3 pm tour- he was one of the C.O. in Probe team suit
C.O. Gold Defendant # 17623	Caryn Anne Rosencrantz (See above for address) ATTORNEY TO BE NOTICED Katherine Elizabeth Smith (See above for address) ATTORNEY TO BE NOTICED
Commissioner of Rikers Island Administration Defendant TERMINATED: 07/30/2008
Chief Physician of the Clinic Defendant and entire medical staff TERMINATED: 07/30/2008
Warden Gregory P. McLauglin Defendant	Katherine Elizabeth Smith (See above for address) ATTORNEY TO BE NOTICED
O.B.C.C. Warden William Thomas Defendant
Chief of Rikers Is. Carolyn Thomas Defendant
Comm. of Rikers Is. Martin Horn Defendant	Katherine Elizabeth Smith (See above for address) ATTORNEY TO BE NOTICED
Bdur Defendant Administration & Chief Physician of the Clinic & Medical Staff (PHS) Prison Health Service	Katherine Elizabeth Smith (See above for address) ATTORNEY TO BE NOTICED
Doctor August Defendant	Katherine Elizabeth Smith (See above for address) ATTORNEY TO BE NOTICED
Dr. Pierre Defendant	Katherine Elizabeth Smith (See above for address) ATTORNEY TO BE NOTICED
Dr. Calvo Defendant	Katherine Elizabeth Smith (See above for address) ATTORNEY TO BE NOTICED
Dr. William Defendant
C.O. Rees Defendant # 17045
Warden of R.N.D.C. ADR Provider TERMINATED: 07/30/2008	Caryn Anne Rosencrantz (See above for address) ATTORNEY TO BE NOTICED
Correction Officer Rees Interested Party TERMINATED: 07/30/2008	Caryn Anne Rosencrantz (See above for address) ATTORNEY TO BE NOTICED
Chief of the D.O.C. Carolyn Thomas Interested Party TERMINATED: 07/30/2008	Caryn Anne Rosencrantz (See above for address) ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2007-11-26	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 Richard M. Berman on 11/20/07) (laq) (Entered: 12/05/2007)
2007-11-26	2	0	PLRA Sec. 7(2)(g)(2) Complaint	COMPLAINT against Department of Corrections, 2 Captains, 2 Probe Team C.O.'s. Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by Jeffrey Desir.(laq) (Entered: 12/05/2007)
2007-12-05	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 (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Richard M. Berman on 12/5/07) (dle) (Entered: 12/06/2007)	2009-08-05 21:43:10	d2e63c809fe7d31ccee3aa4dcd521f2521e8a57c
2007-12-04	4	0	Amended Complaint	AMENDED COMPLAINT amending 2 PLRA Sec. 7(2)(g)(2) Complaint against Warden of O.B.C.C., Warden of R.N.D.C., Singletary, L. Brown, John Doe, Gold, Commissioner of Department of Corrections, Commissioner of Rikers Island Administration, Chief Physician of the Clinic, Department of Corrections, 2 Captains, 2 Probe Team C.O.'s.Document filed by Jeffrey Desir. Related document: 2 PLRA Sec. 7(2)(g)(2) Complaint filed by Jeffrey Desir.(kco) (Entered: 12/19/2007)
2007-12-20	5	0	Pro Se Memorandum to Change Address	PRO SE MEMORANDUM dated 12/21/07 re: CHANGE OF ADDRESS for Jeffrey Desir. New Address: 141-07-06438/1722035R, R.N.D.C., 11-11 Hazen St., East Elmhurst, NY, 11370. (tro) (Entered: 01/04/2008)
2008-01-03	6	0	Pro Se Memorandum to Change Address	PRO SE MEMORANDUM dated 1/4/08 re: CHANGE OF ADDRESS for Jeffrey Desir. New Address: 141-07-06438, N.I.C., 15-00 Hazen St., E. Elmhurst, NY, 11370. (tro) (Entered: 01/08/2008)
2008-02-21	7	0	Marshal's Process Receipt and Return of Service Executed Complaints	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Singletary served on 1/31/2008, answer due 2/20/2008. Service was accepted by Captain Mc Garrigle. Document filed by Jeffrey Desir. (djc) (Entered: 02/27/2008)
2008-02-21	8	0	Marshal's Process Receipt and Return of Service Executed Complaints	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Department of Corrections served on 1/31/2008, answer due 2/20/2008. Service was accepted by Tameika Gammon, Docketing Clerk. Document filed by Jeffrey Desir. (djc) (Entered: 02/27/2008)
2008-02-21	9	0	Marshal's Process Receipt and Return of Service Executed Complaints	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Commissioner of Rikers Island Administration served on 1/31/2008, answer due 2/20/2008. Service was accepted by R. Lopez. Document filed by Jeffrey Desir. (djc) (Entered: 02/27/2008)
2008-02-21	10	0	Marshal's Process Receipt and Return of Service Executed Complaints	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Gold served on 1/31/2008, answer due 2/20/2008. Service was accepted by Captain McGarrigle. Document filed by Jeffrey Desir. (djc) (Entered: 02/27/2008)
2008-02-21	11	0	Marshal's Process Receipt and Return of Service Unexecuted	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Chief Physician of the Clinic. Attempted Service of Summons and Amended Complaint,. Service was attempted on 1/31/08. Document filed by Jeffrey Desir. (djc) (Entered: 03/04/2008)
2008-02-21	12	0	Marshal's Process Receipt and Return of Service Executed Complaints	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, Chief of O.b.C.C. (Carolyn Thomas) served. Service was accepted by R. Lopez. Document filed by Jeffrey Desir. (djc) (Entered: 03/04/2008)
2008-02-21	13	0	Marshal's Process Receipt and Return of Service Executed Complaints	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Warden of O.B.C.C. served on 1/31/2008, answer due 2/20/2008. Service was accepted by R. Lopez. Document filed by Jeffrey Desir. (djc) (Entered: 03/04/2008)
2008-02-21	14	0	Marshal's Process Receipt and Return of Service Executed Complaints	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, Chief of RNDC (Carolyn Thomas) served. Service was accepted by R. Lopez. Document filed by Jeffrey Desir. (djc) (Entered: 03/04/2008)
2008-02-21	15	0	Marshal's Process Receipt and Return of Service Executed Complaints	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, C.O. Rees #17045 served. Service was accepted by C.O. Rees #17045. Document filed by Jeffrey Desir. (djc) (Entered: 03/04/2008)
2008-02-21	16	0	Marshal's Process Receipt and Return of Service Executed Complaints	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, Warden of RDND (Gregory McLaughlin) served. Service was accepted by R. Lopez. Document filed by Jeffrey Desir. (djc) (Entered: 03/04/2008)
2008-03-14	17	0	Endorsed Letter	ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Sabrina Tann dated 3/11/08 re: Counsel for defendants the New York City Department of Correction, Captain Singletary, Correction Officer Gold and the individual's identified in the caption of the complaint as "Warden of O.B.C.C.," "Commissioner of Rikers Island Administration," "Warden of R.N.D.C's," time to answer or otherwise respond to the complaint int his action be enlarged forty-five (45) days to and including 4/25/08. ENDORSEMENT: Application granted. Defendants are to respond to the complaint by no later than April 25, 2008. (Signed by Magistrate Judge Michael H. Dolinger on 3/11/08) (tro) (Entered: 03/14/2008)	2009-08-05 21:43:07	4e2c0e25a005ccedaaaed5299765669849d8f3b1
2008-04-03	18	0	Pro Se Memorandum to Change Address	PRO SE MEMORANDUM dated 4/2/08 re: CHANGE OF ADDRESS for Jeffrey Desir. New Address: 141-07-06438, G.R.V.C., 09-09 Hazen Street, East Elmhurst, New York, 11370. (tro) (Entered: 04/03/2008)
2008-04-03	19	0	Pro Se Memorandum to Change Address	PRO SE MEMORANDUM dated 4/3/2008 re: CHANGE OF ADDRESS for Jeffrey Desir. New Address: ID# 441-07-06438, O.B.C.C., 16-00 Hazen Street, East Elmhurst, New York, 11370. (jmi) (Entered: 04/07/2008)
2008-04-22	20	0	Endorsed Letter	ENDORSED LETTER addressed to Magistrate Judge Michael Dolinger from Caryn Rosencrantz dated 4/22/08 re: Request that the time to answer the complaint be enlarged 30 days to and including 5/26/08. ENDORSEMENT: The time for defenants Singletary and Gold to respond to the complaint is extended to 5/26/08. No further extensions should be expected. Plaintiff is directed to advise defendants counsel by 5/12/08 whether he intended to name Department Chief Thomas as a defendant and, if so, the basis for his claim against her. Singletary answer due 5/26/2008; Gold answer due 5/26/2008. (Signed by Magistrate Judge Michael H. Dolinger on 4/22/08) (cd) (Entered: 04/23/2008)	2009-08-05 21:43:15	2d4bf9c794a8fe5afdd5a10e397052b9ce708430
2008-04-25	21	0	Answer to Amended Complaint	ANSWER to Amended Complaint with JURY DEMAND. Document filed by Warden of O.B.C.C., Warden of R.N.D.C., Department of Corrections. Related document: 4 Amended Complaint, filed by Jeffrey Desir.(djc) (Entered: 04/29/2008)
2008-05-16	22	0	Pro Se Memorandum to Change Address	PRO SE MEMORANDUM dated 5/14/08 re: CHANGE OF ADDRESS for Jeffrey Desir. New Address: 141-07-06438, 15-15 Hazen Street, East Elmhurst, NY, 11370. (tro) (Entered: 05/16/2008)
2008-05-16	23	0	Motion to Amend/Correct	MOTION to Amend the complaint; w/ attch. affirmation in support. Document filed by Jeffrey Desir.(pl) (Entered: 05/28/2008)
2008-05-28	24	0	Answer to Amended Complaint	ANSWER to Amended Complaint with JURY DEMAND. Document filed by Rees, Carolyn Thomas, Singletary, Gold. Related document: 4 Amended Complaint, filed by Jeffrey Desir.(dle) (Entered: 05/29/2008)
2008-06-23	25	0	Pro Se Memorandum to Change Address	PRO SE MEMORANDUM dated 6/23/08 re: CHANGE OF ADDRESS for Jeffrey Desir. New Address: 08A3055, Downstate Correctional Facility, box F, Fishkill, NY, 12524. (djc) (Entered: 06/25/2008)
2008-07-01	26	0	Order	ORDER that a telephone conference has been scheduled on Monday, 7/14/08 at 2:00 pm, at which time you are directed to call chambers at (212)805-0204. ( Telephone Conference set for 7/14/2008 at 02:00 PM before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 6/27/08) Copies sent by chambers(cd) (Entered: 07/01/2008)	2009-08-05 21:43:01	a19270d7215a1e43b784e1a6413ca53516d0c09e
2008-07-10	27	0	Notice of Change of Address	NOTICE OF CHANGE OF ADDRESS by Jeffrey Desir. New Address: Adirondack Correctional Facility, P.O. Box 110, Raybrook, New York, 12977,. (pl) (Entered: 07/15/2008)
2008-07-16	28	0	Order	ORDER that defendant is to serve and file its response to plaintiff's motion to amend the complaint by 7/28/08. All fact discovery is to be completed by 1/14/09. The parties are to submit a joint pretrial order by 3/2/09, unless a potentially dispositive motion has been served by that date. ( Discovery due by 1/14/2009. Joint Pretrial Order due by 3/2/2009. Responses due by 7/28/2008) (Signed by Magistrate Judge Michael H. Dolinger on 7/14/08) Copies sent by chambers.(cd) (Entered: 07/16/2008)	2009-08-05 21:42:55	24d2fc84c4584a9e56519148c764d93a556caf76
2008-07-30	29	0	Endorsed Letter	ENDORSED LETTER addressed to Magistrate Judge Michael Dolinger from Katherine E. Smith dated 7/28/08 re: Counsel for Defendant write to the Court regarding your Honor's Order dated 7/16/08. Defendants do not object to plaintiff's motion to amend the complaint. ENDORSEMENT: plaintiffs motion to amend filed 5/16/08, is granted. Plaintiffs Second Amended Complaint is deemed filed. The Clerk is to issue the needed new summons and send them to plaintiff forthwith. Plaintiff is to arrange for serving the summons and complaint on the new defendants within forty-five days. (Signed by Magistrate Judge Douglas F. Eaton on 7/30/08) (pl) Modified on 7/30/2008 (pl). Modified on 8/6/2008 (pl). (Entered: 07/30/2008)	2009-08-05 21:42:39	8fe30911efdfc984122a8f5c97cb24109dcf7a1e
2008-07-30	30	0	Amended Complaint	SECOND AMENDED COMPLAINT amending 4 Amended Complaint, against Gregory P. McLauglin, William Thomas, Carolyn Thomas, Martin Horn, Bdur, August, Pierre, Calvo, William, Rees, Singletary, L. Brown, John Doe, Gold.Document filed by Jeffrey Desir. Related document: 4 Amended Complaint, filed by Jeffrey Desir.(tro) *Docketed as per Chambers request pursuant to Endorsed Letter Doc. # 29 . (Entered: 08/05/2008)
2008-09-25	31	0		ANSWER to SECOND Amended Complaint with JURY DEMAND. Document filed by Gregory P. McLauglin, Martin Horn, Bdur, August, Calvo, L. Brown, Gold, Department of Corrections. Related document: 30 Amended Complaint, filed by Jeffrey Desir.(jmi) (Entered: 09/26/2008)
2008-09-29	32	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Singletary served on 9/22/2008, answer due 10/14/2008. Service was accepted by Capt. Jame Some. Document filed by Jeffrey Desir. (jpo) (Entered: 09/30/2008)
2008-09-22	33	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to L. Brown. Attempted Service of Summons and Amended Complaint,. Service was attempted on 9/22/2008. Document filed by Jeffrey Desir. (jpo) (Entered: 09/30/2008)
2008-09-29	34	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Bdur (Dr. Gbur or Rdur as listed on Receipt). Attempted Service of Summons and Amended Complaint, Service was attempted on 9/22/08. Document filed by Jeffrey Desir. (tro) (Entered: 10/01/2008)
2008-09-29	35	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. August served on 9/22/2008, answer due 10/14/2008. Service was accepted by Ms. Betty. Document filed by Jeffrey Desir. (tro) (Entered: 10/01/2008)
2008-10-02	36	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Martin Horn served on 9/22/2008, answer due 10/14/2008. Service was accepted by R. Lopez. Document filed by Jeffrey Desir. (jpo) (Entered: 10/06/2008)
2008-09-29	37	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Calvo served on 9/22/2008, answer due 10/14/2008. Service was accepted by Ms. Betty (Clerk). Document filed by Jeffrey Desir. (pl) (Entered: 10/06/2008)
2008-09-29	38	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Pierre served on 9/22/2008, answer due 10/14/2008. Service was accepted by Ms. Betty (Clerk). Document filed by Jeffrey Desir. (pl) (Entered: 10/06/2008)
2008-09-29	39	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Gold served on 9/22/2008, answer due 10/14/2008. Service was accepted by Capt. Jameson. Document filed by Jeffrey Desir. (cd) (Entered: 10/07/2008)
2008-09-29	40	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to William. Attempted Service of Summons and Amended Complaint. Service was attempted on 9/22/08. Document filed by Jeffrey Desir. (cd) (Entered: 10/07/2008)
2008-10-15	41	0		ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Katherine E. Smith dated 10/14/2008 re: Counsel respectfully request that defendant's August, Calvo and Pierre time to answer or otherwise respond to the Second Amended Complaint in this action be enlarged 45 days to and including November 26, 2008. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Michael H. Dolinger on 10/14/2008) (jfe) (Entered: 10/15/2008)
2008-11-14	42	0		ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Katherine E. Smith dated 11/13/2008 re: Requesting that the Court remind plaintiff of his obligation to send defendants copies of all correspondence he sends to the Court. ENDORSEMENT: Pro se plaintiff is reminded that whenever he communicates with the Court, he is required to send a copy of that communication at the same time to defendants' attorney. (Signed by Magistrate Judge Michael H. Dolinger on 11/14/2008) (jpo) Modified on 11/20/2008 (jpo). (Entered: 11/14/2008)
2008-11-25	43	0		ANSWER to Amended Complaint with JURY DEMAND. Document filed by August, Pierre, Calvo. Related document: 30 Amended Complaint, filed by Jeffrey Desir.(djc) (Entered: 11/26/2008)
2008-12-01	44	0		ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Desir dated 11/23/2008 re: Counsel writes to inform the Court that he had send a copy of previous mail that was sent to Your Honors office to the party's of defendant office. ENDORSEMENT: If plaintiff sends copies to defendant's attorney, he's to note that fact on his correspondence to the Court. (Signed by Magistrate Judge Michael H. Dolinger on 12/1/2008) (jfe) (Entered: 12/02/2008)
2008-12-04	45	0		ORDER: Telephone Settlement Conference set for 12/22/2008 at 02:00 PM before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 12/4/2008) Copies Mailed By Chambers.(jpo) (Entered: 12/04/2008)
2008-12-04	46	0		ORDER: It is hereby ordered that the Superintendent or other official in charge of Adirondack Correctional Facility, produce inmate Jeffrey Desir, Inmate No. 08-A-3055, at 10:00 a.m. on the 19th day of December, 2008, at a suitable location within Adirondack Correctional Facility equipped with a video conferencing capabilities, for the purpose of participating in a video deposition with defense counsel in the above referenced matter. (Signed by Magistrate Judge Michael H. Dolinger on 12/3/2008) (jpo) (Entered: 12/04/2008)
2009-01-28	47	0		ORDER OF DISCONTINUANCE: This action is discontinued; provided, however, that plaintiff or defendants may apply, on or before 2/27/09 (noon), by letter showing good cause why this action should be restored to the calendar of the undersigned. (Signed by Judge Richard M. Berman on 1/28/09) (dle) (Entered: 01/28/2009)
2009-02-04	48	0		STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: This action is hereby dismissed with prejudice, and without costs, expenses, or fees except as provided in paragraph "2" herein. The City of New York hereby agrees to pay plaintiff the sum of Four Thousand Eight Hundred and Fifty Dollars ($4,850.00) in full satisfaction of all claims, including claims for costs, expenses and attorney's fees. (Signed by Judge Richard M. Berman on 2/4/09) (tro) (Entered: 02/04/2009)
2009-03-11	49	0		PRO SE MEMORANDUM dated 3/6/09 re: CHANGE OF ADDRESS for Jeffrey Desir. New Address: 08-A-3055, Upstate Correctional Facility, P.O.Box 2001, Malone, New York, 12953. (mro) (Entered: 03/11/2009)
2009-09-14	50	0		PRO SE MEMORANDUM dated 9/3/09 re: CHANGE OF ADDRESS for Jeffrey Desir. New Address: 09-08-220, Luzerne County Correctional Facility, 99 Water Street, Wilkes-Barre, PA, 18702. (djc) (Entered: 09/14/2009)