Case docket: Alli v. The City of New York et al

Case details

Court:	nysd
Docket #:	1:11-cv-07665
Case Name:	Alli v. The City of New York et al
PACER case #:	386756
Date filed:	2011-10-27
Date terminated:	2013-04-12
Assigned to:	Judge P. Kevin Castel
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
Umar Alli Plaintiff ID# 12A1086 Auburn Correctional Facility 135 State Street Auburn, NY 13024	Bianca Michelle Forde Winston & Strawn LLP (NY) 200 Park Avenue New York, NY 10166 (212)-294-4733 Fax: (212)-294-4700 Email: bforde@winston.com TERMINATED: 11/14/2013 Jennifer Maryon Stewart Dewey & LeBoeuf, L.L.P.(NYC) 1301 Avenue of the Americas New York, NY 10019 (212)-259-8000 Fax: (212)-373-7698 Email: jstewart@winston.com ATTORNEY TO BE NOTICED
The City of New York Defendant	Patrick Neil Beath New York City Law Department, Office of The Corporation Coun 100 Church Street New York, NY 10007 (212) 356-2656 Fax: (212) 788-9776 Email: pbeath@law.nyc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Qiana Charmaine Smith NYC Law Department, Office of the Corporation Counsel (NYC) 100 Church Street New York, NY 10007 (212) 788-1588 Fax: (212) 788-9776 Email: qwilliam@law.nyc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Commissioner Dora Schiriro Defendant Department of Corrections (DOC)	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Qiana Charmaine Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hildy J. Simmons Defendant Chair of Board of Correction (BOC)	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Warden Kathleen Muvley Defendant George R. Vienro Center	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Qiana Charmaine Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
J. Caputo Defendant Adjudication Captain, Shield Number 481	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Qiana Charmaine Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Captain (#1225) L. Steward-Bowden Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Captain #819 Johanna Banks Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Captain #1603 B Beharri Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Officer #14410 Lydon Victor Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Officer #18507 Sandy Arkhurst Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Officer Bunton Defendant
officer #17963 Terrance Dixon Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Officer #18380 Anderson Alceus Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Officer #11352 Velez Defendant
Officer Phillips Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Officer #18104 Bohr Defendant
Mark A. Scott Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
#717 Sharma Dunbar Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Warden Rose Argo Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Warden Kathleen Mulvey Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lewis Finkelman Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charlton Lemon Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hildy J. Simmons Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Regan Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Florence Finkle Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Florence Hourihane Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry Davis Sr. Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Wolf Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cathy Potler Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kennith T. Armstead Defendant	Patrick Neil Beath (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Correctional Health Services/Prison Health Services Defendant
John Does 1-6 Defendant

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2011-10-27	1	0		DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Umar Alli.(mro) (Entered: 10/28/2011)
2011-10-27	2	0		COMPLAINT against J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York. Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by Umar Alli.(mro) (Entered: 10/28/2011)
2011-11-03	3	0		Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 11/3/2011. (msa) (Entered: 11/03/2011)
2011-11-08	4	0		ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 11/8/2011) (mro) (Entered: 11/08/2011)
2011-11-15	5	0		NOTICE OF CASE ASSIGNMENT to Judge Barbara S. Jones. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 11/15/2011)
2011-11-17	7	0		ORDER OF SERVICE: The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this Order. The Court requests that Defendants waive service of a Summons. Waiver of Service due by 12/22/2011. (Signed by Judge Barbara S. Jones on 11/17/2011) (djc) (Entered: 11/17/2011)
2011-11-18	8	0		WAIVER OF SERVICE RETURNED EXECUTED. J. Caputo waiver sent on 11/18/2011, answer due 1/17/2012; Dora Schiriro waiver sent on 11/18/2011, answer due 1/17/2012; Kathleen Muvley waiver sent on 11/18/2011, answer due 1/17/2012. Document filed by J. Caputo; Dora Schiriro; Kathleen Muvley. (Pinnock, Nadene) (Entered: 11/18/2011)
2011-11-18	9	0		WAIVER OF SERVICE RETURNED UNEXECUTED as to Hildy J. Simmons. Document filed by Hildy J. Simmons. (Pinnock, Nadene) (Entered: 11/18/2011)
2012-01-03	10	0		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 Barbara S. Jones on 1/3/2012) (rjm) (Entered: 01/03/2012)
2012-01-04	11	0		NOTICE OF APPEARANCE by Qiana Charmaine Smith on behalf of The City of New York (Smith, Qiana) (Entered: 01/04/2012)
2012-01-04	12	0		WAIVER OF SERVICE RETURNED EXECUTED. Document filed by The City of New York. (Smith, Qiana) (Entered: 01/04/2012)
2012-01-04	13	0		WAIVER re: Rule 5 Service. Document filed by The City of New York.(Smith, Qiana) (Entered: 01/04/2012)
2012-01-17	14	0		WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Hildy J. Simmons. (Smith, Qiana) (Entered: 01/17/2012)
2012-01-17	15	0		ANSWER to 2 PLRA Sec. 7(2)(g)(2) Complaint with JURY DEMAND. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York.(Smith, Qiana) (Entered: 01/17/2012)
2012-01-18	16	0		ORDER. Telephone Conference set for 2/6/2012 at 02:00 PM before Magistrate Judge Michael H. Dolinger, and as further set forth. (Signed by Magistrate Judge Michael H. Dolinger on 1/18/2012) Copies Sent By Chambers via Fax and U.S. Mail. (rjm) (Entered: 01/18/2012)
2012-02-08	17	0		ORDER: ( Fact Discovery due by 5/31/2012., Motions due by 6/21/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 2/7/2012) Copies Sent By Chambers. (lmb) (Entered: 02/08/2012)
2012-02-23	18	0		NOTICE OF APPEARANCE by Patrick Neil Beath on behalf of J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York (Beath, Patrick) (Entered: 02/23/2012)
2012-02-16	19	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint served. Kathleen Muvley served on 2/1/2012, answer due 2/22/2012. Service was accepted by Rosita Lopez, Legal. Document filed by Umar Alli. (mro) (Entered: 02/29/2012)
2012-03-19	20	0		NOTICE OF CHANGE OF ADDRESS by Umar Alli. New Address: Down State Correctional Facility, Box F, Red Schoolhouse Road, Fishkill, NY, 12524-0445. (indicated on system) (cd) (Entered: 03/22/2012)
2012-04-10	21	0		PRO SE MEMORANDUM re: CHANGE OF ADDRESS for Umar Alli. New Address: 12A1086, ive Points Correctional Facility, State Route 96, P.O. Box 119, Romulus, New York, 14541. (ft) (Entered: 04/12/2012)
2012-04-11	22	0		MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint served. J. Caputo served on 2/10/2012, answer due 3/2/2012. Service was accepted by personal service. Document filed by Umar Alli. (cd) (Entered: 04/12/2012)
2012-04-16	23	0		PRO SE MEMORANDUM dated 3/29/2012 re: CHANGE OF ADDRESS for Umar Alli. New Address: 12A1086, Five Points Corr. Facility, State Route 96, P.O. Box 119, Romulus, New York, 14541. (ft) (Entered: 04/18/2012)
2012-04-13	25	0		MOTION to Compel defendants to produce for inspection and copying the documents requested in plaintiffs' first set of request for admissions and plaintiffs' first set of interrogatories and second request for production of documents. Attached is Affidavit in Support. Document filed by Umar Alli.(djc) Modified on 4/23/2012 (djc). (Entered: 04/23/2012)
2012-04-23	26	0		MEMO ENDORSEMENT on re: 25 Motion to Compel. ENDORSEMENT: Defendants' counsel reports that he mailed defendants' responses to plaintiff on April 6, 2012, which is timely in view of the fact that counsel did not receive the requests until March 15, 2012. (See April 20, 2012 letter to the court from Ass't Corp. Counsel Patrick Beath). Motion denied. (Signed by Magistrate Judge Michael H. Dolinger on 4/23/2012) Copies Sent By Chambers. (jfe) (Entered: 04/23/2012)
2012-04-17	31	0		MOTION to Compel Discovery Document filed by Umar Alli.(js) (Entered: 04/27/2012)
2012-05-04	32	0		ORDER: It is hereby ORDERED that by no later than MONDAY, MAY 7,2012, defendants are to provide the court with the following documents: Copies of all of defendants' interrogatories and document requests that are referenced in their May 2, 2012 letter. Documents that defendants produced to plaintiff I which are marked with bates numbers "NYC 4" through "NYC 62." (Signed by Magistrate Judge Michael H. Dolinger on 5/3/2012) Copies Sent By Chambers(cd) (Entered: 05/04/2012)
2012-05-04	33	0		ORDER: Set Deadlines/Hearing as to 31 MOTION to Compel. ( Responses due by Thursday, 5/17/2012) (Signed by Magistrate Judge Michael H. Dolinger on 5/3/2012) (cd) (Entered: 05/04/2012)
2012-05-11	34	0		MEMORANDUM & ORDER granting in part and denying in part 31 Motion to Compel. Plaintiff's motion to compel is granted only to the extent noted and otherwise denied. Our directions to defendants are to be complied with by Monday, May 21, 2012. (Signed by Magistrate Judge Michael H. Dolinger on 5/10/2012) Copies Mailed By Chambers. (lmb) (Entered: 05/11/2012)
2012-05-16	35	0		MOTION requests to amend complaint. Document filed by Umar Alli. (Attachments: # 1 Supplement Part II)(pl) (Entered: 05/22/2012)
2012-05-18	36	0		PLAINTIFF'S RESPONSE TO ORDER. Document filed by Umar Alli. (mro) (Entered: 05/24/2012)
2012-05-30	37	0		ORDER: It is hereby ORDERED that plaintiff is to respond to that motion by no later than MONDAY, JUNE 11, 2012.Set Deadlines/Hearing as to ( Responses due by 6/11/2012) (Signed by Magistrate Judge Michael H. Dolinger on 5/25/2012) Copies Mailed and Faxed By Chambers. (jfe) (Entered: 05/30/2012)
2012-05-30	38	0		ORDER: Defendants are to serve and file their opposition papers by FRIDAY, JUNE 8, 2012. Plaintiff is to serve and file his reply in support of his motion to amend by no later than FRIDAY, JUNE 22, 2012. Set Deadlines/Hearing as to 35 MOTION to Amend/Correct. :( Responses due by 6/8/2012, Replies due by 6/22/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 5/25/2012) Copies Mailed and Faxed By Chambers. (jfe) (Entered: 05/30/2012)
2012-05-30	39	0		ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Patrick Beath dated 5/29/2012 re: Defendants respectfully request that the Court extend discovery until September 28, 2012 to allow (l) the Court to make the appropriate rulings on defendants' motion to compel; (2) sufficient time for plaintiff to provide any Court Ordered discovery responses, documentation, and authorizations to this office, (3) for this office to obtain the necessary releases and documentation, and (4) for this office to depose plaintiff and other witnesses, if necessary. ENDORSEMENT: The deadline to complete discovery is extended to July 30, 2012. If defendants view plaintiff's response to their discovery requests is inadequate, they are free to seek prompt relief from the court by motion. ( Discovery due by 7/30/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 5/30/2012) (jfe) (Entered: 05/30/2012)
2012-06-04	40	0		MOTION for Reconsideration on the Courts denying plaintiffs Motion to Compel Discovery in Part. Document filed by Umar Alli.(mro) (Entered: 06/06/2012)
2012-06-06	41	0		MEMORANDUM OF LAW in Opposition re: 35 MOTION to Amend/Correct.. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York. (Beath, Patrick) (Entered: 06/06/2012)
2012-06-11	42	0		MEMO ENDORSED ON MOTION FOR RECONSIDERATION ON THE COURTS DENYING PLAINTIFFS MOTION TO COMPEL DISCOVERY IN PART: ENDORSEMENT: Motion denied as is both untimely and meritless.. (Signed by Magistrate Judge Michael H. Dolinger on 6/7/2012) (js) (Entered: 06/11/2012)
2012-06-21	43	0		ORDER: Plaintiff having provided defendants with a second response to their discovery demands dated May 14, 2012, defendants are to serve and file a written response by no later than WEDNESDAY, JUNE 27, 2012, indicating whether plaintiff's response sufficiently addresses the concerns raised in their May 2, 2012 letter motion to compel, and if not, why not. (Signed by Magistrate Judge Michael H. Dolinger on 6/21/2012) Copies Sent By Chambers. (lmb) (Entered: 06/21/2012)
2012-06-15	44	0		NOTICE OF PLAINTIFF RESPONSE AND OBJECTIONS TO DEFENDANTS MOTION TO COMPEL DISCOVERY. (djc) (Entered: 06/26/2012)
2012-06-26	45	0		ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Patrick Beath dated 6/25/2012 re: In accordance with Your Honor's Order, dated June 21, 2012, defendants write to inform that Court that, despite plaintiff's additional disclosures dated May 14, 2012 and June 7, 2012, to date, plaintiff still has not provided defendants with the following relevant non-privileged information as further set forth in this letter. ENDORSEMENT: Plaintiff is hereby ordered to sign and return to defendants' attorney by July 9, 2012 releases for access to his prior arrest records and his mental-health treatment records from July 19, 2010 to the present. If he fails to do so, the court will invite a motion by defendants for the imposition of sanctions. (Signed by Magistrate Judge Michael H. Dolinger on 6/26/2012) (lmb) (Entered: 06/26/2012)
2012-06-26	46	0		PLAINTIFF OPPOSING THE DEFENDANTS MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT. Document filed by Umar Alli. (mml) (Entered: 07/02/2012)
2012-07-02	47	0		ORDER: Accordingly, the Court denies Defendant's objections to Magistrate Judge Dolinger's Order but endorses its proposed briefing schedule: Defendant shall file its motion to dismiss on or before August 2, 2012; Plaintiff shall file his opposition memorandum on or before August 2, 2012; Defendant shall file its reply, if any, on or before September 16, 2012. ( Motions due by 8/2/2012., Responses due by 8/2/2012, Replies due by 9/16/2012.) (Signed by Judge Barbara S. Jones on 7/2/2012) (jfe) (Entered: 07/02/2012)
2012-07-05	49	0		ORDER: The briefing schedule for the City Defendant's Motion to Dismiss is revised as follows: Defendant shall file its motion to dismiss on or before August 5, 2012; Plaintiff shall file his opposition memorandum on or before September 5, 2012; Defendant shall file its reply, if any, on or before September 19, 2012. (Motions due by 8/5/2012, Responses due by 9/5/2012, Replies due by 9/19/2012.) (Signed by Judge Barbara S. Jones on 7/5/2012) (djc) (Entered: 07/05/2012)
2012-07-18	53	0		ENDORSED LETTER addressed to Judge Barbara S. Jones from Patrick Beath dated 7/6/2012 re: Counsel requests that defendants' obligation to disclose the sought after discovery which is related only to Plaintiff's purported Monell claim against the City of New York be stayed in its entirety pending the outcome of defendants' motion to Dismiss. ENDORSEMENT: Application DENIED. So ordered. (Signed by Judge Barbara S. Jones on 7/18/2012) (ft) (Entered: 07/18/2012)
2012-07-20	54	0		ORDER: 1. Defendants are to supply the Monell-related discovery to plaintiff by no later than FRIDAY, JULY 27, 2012. (See Endorsed Order, July 18, 2012). 2. Plaintiff is to sign and fill out completely and return to defendants' counsel by FRIDAY, AUGUST 3, 2012 both the § 160.50 release and the release for his medical records. (Signed by Magistrate Judge Michael H. Dolinger on 7/19/2012) Copies Faxed By Chambers. (pl) (Entered: 07/20/2012)
2012-07-20	55	0		ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Patrick Beath dated 7/19/2012 re: Defendants write to respectfully request a sixty (60) day enlargement of the discovery schedule to allow defendants time to obtain records of plaintiffs prior arrests and mental health treatment, both of which are necessary to conduct a thorough deposition of plaintiff. ENDORSEMENT: Application Granted. Discovery is to be completed by September 28, 2012. SO ORDERED., ( Discovery due by 9/28/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 7/20/2012) (ama) (Entered: 07/23/2012)
2012-08-03	59	0		MOTION for Judgment on the Pleadings. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York.(Beath, Patrick) (Entered: 08/03/2012)
2012-08-03	60	0		DECLARATION of Patrick Beath in Support re: 59 MOTION for Judgment on the Pleadings.. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Beath, Patrick) (Entered: 08/03/2012)
2012-08-03	61	0		MEMORANDUM OF LAW in Support re: 59 MOTION for Judgment on the Pleadings.. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York. (Beath, Patrick) (Entered: 08/03/2012)
2012-08-03	62	0		CERTIFICATE OF SERVICE of Notice of Motion; Declaration of Patrick Beath in Support of Defendants' Motion; Memorandum of Law in Support of Defendants' Motion; Notice to Pro Se Litigant Opposing Rule 12 Motion; Copies of Cases Cited in Defendants' Motion Which are Unpublished or Published in Electronic Form Only served on Umar Alli on August 3, 2012. Service was made by Mail. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York. (Beath, Patrick) (Entered: 08/03/2012)
2012-08-16	63	0		ORDER: IT IS HEREBY ORDERED: (1) that the New York State Department of Corrections and Community Supervision shall transport inmate Umar Alli, DIN 12-A-1086, from Cayuga Correctional Facility where he is currently incarcerated, to Sing Sing Correctional Facility, located in Ossining, New York, so that inmate Alli may be produced within Sing Sing Correctional Facility for the taking of his deposition by defendants' attorney on Thursday, September 13, 2012, or such other date as may be adjourned, commencing at 10:00 a.m., until completion; (2) that, once inmate Alli arrives at Sing Sing Correctional Facility, the Superintendent or other official in charge of Sing Sing Correctional Facility shall produce inmate Alli within the Sing Sing Correctional Facility, for the taking of his deposition on the aforementioned date and time; (3) that inmate Alli shall appear in such place as designated by the Superintendent or other official in charge of Sing Sing Correctional Facility so that his deposition may be taken; and (4) that present at the deposition shall be Assistant Corporation Counsel Patrick Beath as well as another Assistant Corporation Counsel and a court reporter, both of whose identities shall be provided to Sing Sing Correctional Facility in advance of the deposition., ( Deposition due by 9/13/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 8/16/2012) (lmb) (Entered: 08/16/2012)
2012-08-16	64	0		ORDER: IT IS HEREBY ORDERED: (1) that the New York State Department of Corrections and Community Supervision shall transport inmate Umar Alli, DIN 12-A-1086, from Cayuga Correctional Facility where he is currently incarcerated, to Sing Sing Correctional Facility, located in Ossining, New York, so that inmate Alli may be produced within Sing Sing Correctional Facility for the taking of his deposition by defendants' attorney on Wednesday, September 12, 2012, or such other date as may be adjourned, commencing at 10:00 a.m., until completion; (2) that, once inmate Alli arrives at Sing Sing Correctional Facility, the Superintendent or other official in charge of Sing Sing Correctional Facility shall produce inmate Alli within the Sing Sing Correctional Facility, for the taking of his deposition on the aforementioned date and time; (3) that inmate AlIi shall appear in such place as designated by the Superintendent or other official in charge of Sing Sing Correctional Facility so that his deposition may be taken; and (4) that present at the deposition shall be Assistant Corporation Counsel Patrick Beath as well as another Assistant Corporation Counsel and a court reporter, both of whose identities shall be provided to Sing Sing Correctional Facility in advance of the deposition. (Signed by Magistrate Judge Michael H. Dolinger on 8/16/2012) (lmb) (Entered: 08/16/2012)
2012-09-05	67	0		MEMORANDUM OF LAW in Opposition re: 59 MOTION for Judgment on the Pleadings.. Document filed by Umar Alli. (Attachments: # 1 Supplement Part 2, # 2 Supplement Part 3)(pl) (Entered: 09/20/2012)
2012-09-14	68	0		NOTICE OF CHANGE OF ADDRESS by Umar Alli. New Address: Sing Sing Correctional Facility, ID# 12A1086, 354 Hunter Street, Ossining, NY, 104562. (jfe) (Entered: 09/21/2012)
2012-09-24	69	0		ENDORSED LETTER addressed to Judge Barbara S. Jones from Patrick Beath dated 9/20/2012 re: Defendants now write to respectfully request an enlargement of time to file their reply, from September 19, 2012 to October 4, 2012, as defendants were not served with a copy of plaintiff's opposition until it was posted on ECF on September 20, 2012, the day after defendants' reply was due. ENDORSEMENT: Application granted., ( Replies due by 10/4/2012.) (Signed by Judge Barbara S. Jones on 9/19/2012) (lmb) (Entered: 09/24/2012)
2012-10-04	70	0		REPLY MEMORANDUM OF LAW in Support re: 59 MOTION for Judgment on the Pleadings.. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York. (Beath, Patrick) (Entered: 10/04/2012)
2012-10-04	71	0		DECLARATION of Patrick Beath in Support re: 59 MOTION for Judgment on the Pleadings.. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York. (Attachments: # 1 Exhibit D, # 2 Exhibit E)(Beath, Patrick) (Entered: 10/04/2012)
2012-10-04	72	0		CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Defendants' Motion to Dismiss, and Declaration of Patrick Beath in Further Support of Defendants' Motion to Dismiss served on Umar Alli on 10/4/12. Service was made by mail. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York. (Beath, Patrick) (Entered: 10/04/2012)
2012-10-12	74	0		MEMORANDUM & ORDER granting in part and denying in part 35 Motion to Amend/Correct. For the reasons stated, plaintiff's motion to amend his complaint is granted with respect to the claim against Capt. Banks and the state-law claims and is otherwise denied. Defendants other than Capt. Banks are deemed to have been served with the amended complaint. The Clerk of the Court is to promptly issue a supplemental summons and mail it with the necessary accompanying paperwork to plaintiff. Plaintiff is then to arrange for service process on the new defendant within thirty days. (Signed by Magistrate Judge Michael H. Dolinger on 10/10/2012) Copies Sent By Chambers. (lmb) (Entered: 10/12/2012)
2012-10-22	75	0		ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Patrick Beath dated 9/17/2012 re: For the reasons set forth above, defendants respectfully request that Your Honor grant them to continue plaintiff's deposition for the purpose of inquiring into the underlying May 5, 2012 incident, including the observations of those witnesses who plaintiff wished to call at his infraction hearing. ENDORSEMENT: "Plaintiff's refusal to testify about the events that led to his disciplinary proceeding is completely unjustified. Defendants may resume their deposition within no more than 30 days to inquire about these facts. If plaintiff fails to answer he may face the imposition of sanctions, including dismissal". (Signed by Magistrate Judge Michael H. Dolinger on 10/18/2012) (ama) (Entered: 10/22/2012)
2012-10-24	76	0		MOTION for Reconsideration re; 74 Order on Motion to Amend/Correct,,. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York.(Beath, Patrick) (Entered: 10/24/2012)
2012-10-24	77	0		MEMORANDUM OF LAW in Support re: 76 MOTION for Reconsideration re; 74 Order on Motion to Amend/Correct,,.. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York. (Beath, Patrick) (Entered: 10/24/2012)
2012-10-24	78	0		CERTIFICATE OF SERVICE of (1) Notice of Motion for Reconsideration; (2) Defendants' Memorandum of Law in Support of the Motion for Reconsideration; and (3) copies of cases cited in Defendants' Motion that are unpublished or published only in electronic form served on Umar Alli on 10/24/12. Service was made by mail. Document filed by J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York. (Beath, Patrick) (Entered: 10/24/2012)
2012-10-25	79	0		MEMO ENDORSED ON DEFENDANTS MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR RECONSIDERATION OF THAT PORTION OF MAGISTRATE JUDGE DOLINGERS OCTOBER 12, 2012 ORDER WHICH GRANTED PLAINTIFF LEAVE TO FILE AN AMENDED COMPLAINT: ENDORSEMENT: "Application denied. Plaintiff alleges a 'biased' investigation, and his pleading must be liberally construed to say that defendant filed false charges. We note as we" that there is no reason not to allow an amendment notwithstanding the pendency of the motion to dismiss the original complaint. If he can state a colorable claim, there is no reason to deny him the ability to do so even if the original complaint is dismissed, presumably with prejudice. Moreover, if defendants believe the new pleading is defective, they are free either (1) to appeal the grant of the Rule 15 motion or (2) to move to dismiss the amended complaint.". (Signed by Magistrate Judge Michael H. Dolinger on 10/25/2012) (js) (Entered: 10/25/2012)
2012-11-13	80	0		ORDER: IT IS HEREBY ORDERED: (1) that the Superintendent or other official in charge of Auburn Correctional Facility, located in Malone, New York, produce inmate Umar Alli, DIN 12-A-1086, within Auburn Correctional Facility, for the taking of his deposition by defendants' attorney via video conference link with the United States District Court for the Southern District of New York on Tuesday, November 20, 2012, or such other date as may be adjourned, commencing at 10:00 A.M., and continuing from day to day thereafter until completion; and (2) that inmate Alli shall appear in such place as designated by the Superintendent or other official in charge of Auburn Correctional Facility so that his deposition may be taken. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 11/13/2012) (ama) (Entered: 11/13/2012)
2012-11-29	81	0		ORDER: The New York State Department of Corrections and Community Supervision shall transport inmate Umar Alli, DIN 12-A-1086, from Auburn Correctional Facility where he is currently incarcerated, to Sing Sing Correctional Facility, located in Ossining, New York, so that inmate Alli may be produced within Sing Sing Correctional Facility for the taking of his deposition by defendants' attorney on Thursday, December 13, 2012, or such other date as may be adjourned, commencing at 10:00 a.m., until completion. (Signed by Magistrate Judge Michael H. Dolinger on 11/29/2012) (ft) (Entered: 11/29/2012)
2012-11-30	82	0		NOTICE OF CHANGE OF ADDRESS by Umar Alli. New Address: ID# 12A1086, Auburn Correctional Facility, 135 State Street, Auburn, New York 13024,. (ama) (Entered: 12/10/2012)
2012-12-12	83	0		ORDER: Plaintiff's application by letter, dated December 5, 2012, to preclude, limit, or delay the resumption of his deposition, now ordered for December 13, 2012, is denied in all respects. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 12/12/2012) Copies Sent By Chambers. (ama) (Entered: 12/12/2012)
2012-12-17	85	0		ORDER: Because of continuing difficulties obtaining deposition testimony from plaintiff regarding matters pertinent to his lawsuit, we direct the following: 1. If defendants' counsel has not already done so, he is to provide to plaintiff a release for his medical and dental records by December 17, 2012. 2. Plaintiff is to sign and return the release to defendant's counsel by no later than December 31, 2012. 3. We are issuing an order for resumption of plaintiff's deposition on February 1, 2013. 4. In the event that plaintiff fails to respond fully to questions posed to him at the deposition, defendant will be free to move to dismiss the complaint for failure to prosecute and violation of court orders. (Signed by Magistrate Judge Michael H. Dolinger on 12/14/2012) Copies Sent By Chambers. (lmb) (Entered: 12/17/2012)
2012-12-17	86	0		ORDER: IT IS HEREBY ORDERED: (1) that the New York State Department of Corrections and Community Supervision shall transport inmate Umar Alli, DIN 12-A-1086, from Auburn Correctional Facility where he is currently incarcerated, to Sing Sing Correctional Facility, located in Ossining, New York, so that inmate Alli may be produced within Sing Sing Correctional Facility for the taking of his deposition by defendants' attorney on Friday, February 1, 2013, or such other date as may be adjourned, commencing at 10:00 a.m., until completion; (2) that, once inmate Alli arrives at Sing Sing Correctional Facility, the Superintendent or other official in charge of Sing Sing Correctional Facility shall produce inmate Alli within the Sing Sing Correctional Facility, for the taking of his deposition on the aforementioned date and time; (3) that inmate Alli shall appear in such a place as designated by the Superintendent or other official in charge of Sing Sing Correctional Facility so that his deposition may be taken; and (4) that present at the deposition shall be Assistant Corporation Counsel Patrick Beath and a court reporter whose identity shall be provided to Sing Sing Correctional Facility in advance of the deposition. (Signed by Magistrate Judge Michael H. Dolinger on 12/14/2012) (lmb) (Entered: 12/17/2012)
2013-04-09	89	0		NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Barbara S. Jones is no longer assigned to the case. (pgu) (Entered: 04/09/2013)
2013-04-12	90	0		ORDER terminating 59 Motion for Judgment on the Pleadings. Plaintiff's motion for consolidation is GRANTED. (11 Civ. 4952, Docket # 110.) The action filed under 11 Civ. 7665 (PKC) (MHD) is administratively closed. Defendants' motion to dismiss pursuant to Rule 12(c) is DENIED without prejudice, and the Clerk is directed to terminate the motion. (11 Civ. 7665, Docket # 59.) Plaintiff is granted leave to amend within twenty-one (21) days hereof to bring a single, consolidated pleading. The parties are directed to attend a pretrial conference in Courtroom 12C on May 13, 2013 at 2:30 p.m., where the Court intends to set a final discovery cut-off date in this action. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/12/2013) (ja) (Entered: 04/12/2013)
2013-05-03	91	0		THIRD AMENDED COMPLAINT JURY TRIAL DEMANDED amending 2 PLRA Sec. 7(2)(g)(2) Complaint against J. Caputo, Kathleen Muvley, Dora Schiriro, Hildy J. Simmons, The City of New York, L. Steward-Bowden, Johanna Banks, B Beharri, Lydon Victor, Sandy Arkhurst, Bunton, Terrance Dixon, Anderson Alceus, Velez, Phillips, Bohr, Mark A. Scott, Sharma Dunbar, Rose Argo, Kathleen Mulvey, Lewis Finkelman, Charlton Lemon, Hildy J. Simmons, Michael J. Regan, Florence Finkle, Florence Hourihane, Larry Davis Sr., Richard Wolf, Cathy Potler, Kennith T. Armstead, Correctional Health Services/Prison Health Services, John Does 1-6 with JURY DEMAND.Document filed by Umar Alli. Related document: 2 PLRA Sec. 7(2)(g)(2) Complaint filed by Umar Alli.(js) (Additional attachment(s) added on 5/15/2013: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (sdi). (Entered: 05/07/2013)
2013-07-17	92	0		LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Bianca M. Forde dated 7/12/2013 re: I represent Plaintiff, Umar Alii, in the above-referenced action and write to address Defendants' Request that this Court reconsider its June 19, 2013 decision denying Defendants' application to bifurcate discovery and trial of Plaintiff's municipal liability claim. For the reasons below, this Court's July 19,2013 ruling should not be disturbed,. Document filed by Umar Alli, Umar Alli.(rsh) (Entered: 07/17/2013)
2013-08-06	93	0		ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Bianca M. Forde dated 8/5/2013 re: Plaintiff respectfully requests that Your Honor schedule a pre-emotion conference in this matter preferably for Monday, August 5th (today) or Tuesday, August 6th as I am out of the office with limited telephone access from Wednesday through Friday of this week. ENDORSEMENT: Application denied. Please see Fed. R. Civ. P. 37(d) and proceed accordingly. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/6/2013) (rsh) (Entered: 08/06/2013)
2013-08-06	94	0		MOTION for Sanctions. Document filed by Umar Alli.Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Forde, Bianca) (Entered: 08/06/2013)
2013-08-06	95	0		DECLARATION of Bianca M. Forde in Support re: (94 in 1:11-cv-07665-PKC-MHD) MOTION for Sanctions.. Document filed by Umar Alli. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Forde, Bianca) (Entered: 08/06/2013)
2013-08-06	96	0		ENDORSED LETTER addressed to Judge P. Kevin Castel, from Patrick Beath, dated 7/3/2013, re: I am an Assistant Corporation Counsel in the office of Michael A. Cardozo, Corporation Counsel of the City of New York, and the attorney assigned to represent all named defendants in the above-referenced matter with the exception of defendants Velez, Phillips, Rohr, and Bunton who, upon information and belief, have not yet been served with process. Defendants request, in accordance with Your Honor's Individual Rules of Practice, that Your Honor schedule a conference in anticipation of their intended motion to dismiss certain of the claims set forth in plaintiff's third amended complaint pursuant to Fed. R. Civ. P. 12(c)... In light of the foregoing, defendants request that Your Honor schedule a pre-motion conference in this matter. ENDORSEMENT: There is presently an objection to the decision not to bifurcate discovery on the Monell claim. There is also a schedule in place for prospective summary judgment motions. The Court concludes that defendants' proposed Rule 12(c) motions are best heard in the context of a summary judgment motion. Application DENIED without prejudice. (Signed by Judge P. Kevin Castel on 8/5/2013) (ja) (Entered: 08/07/2013)
2013-08-07	97	0		MOTION for Protective Order. Document filed by Rose Agro, Alceus, Rose Argo, Arkhurst, Kennith T. Armstead, Johanna Banks, B. Behari, Captain Dubnar, Joseph Caputo, City of New York, Larry Davis, Director of Field Operation of the Board of Corrections, Dixon, Sharma Dunbar, Lewis Finkelman, Florence L. Finkle, Michael Hourihane, Charlton Lemon, Kathleen Mulvey, Officer Phillips, Cathy Potter, Michael J. Regan, Dora Schriro, Mark A. Scott, Hildy J. Simmons, Steward-Bowden, Victor, Richard T. Wolf, Anderson Alceus, Rose Argo, Sandy Arkhurst, B Beharri, J. Caputo, Larry Davis Sr., Terrance Dixon, Florence Finkle, Florence Hourihane, Charlton Lemon, Kathleen Mulvey, Kathleen Muvley, Phillips, Cathy Potler, Dora Schiriro, Hildy J. Simmons, Hildy J. Simmons, L. Steward-Bowden, The City of New York, Lydon Victor, Richard Wolf.Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Beath, Patrick) (Entered: 08/07/2013)
2013-08-07	98	0		DECLARATION of Patrick Beath in Support re: (163 in 1:11-cv-04952-PKC-KNF, 97 in 1:11-cv-07665-PKC-MHD) MOTION for Protective Order.. Document filed by Rose Agro, Alceus, Rose Argo, Arkhurst, Kennith T. Armstead, Johanna Banks, B. Behari, Captain Dubnar, Joseph Caputo, City of New York, Larry Davis, Dixon, Sharma Dunbar, Lewis Finkelman, Florence L. Finkle, Michael Hourihane, Charlton Lemon, Kathleen Mulvey, Officer Phillips, Cathy Potter, Michael J. Regan, Dora Schriro, Mark A. Scott, Hildy J. Simmons, Steward-Bowden, Victor, Richard T. Wolf, Anderson Alceus, Rose Argo, Sandy Arkhurst, B Beharri, J. Caputo, Larry Davis Sr., Terrance Dixon, Florence Finkle, Florence Hourihane, Charlton Lemon, Kathleen Mulvey, Kathleen Muvley, Phillips, Cathy Potler, Dora Schiriro, Hildy J. Simmons, Hildy J. Simmons, L. Steward-Bowden, The City of New York, Lydon Victor, Richard Wolf. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Beath, Patrick) (Entered: 08/07/2013)
2013-08-07	99	0		MEMORANDUM OF LAW in Support re: (163 in 1:11-cv-04952-PKC-KNF, 97 in 1:11-cv-07665-PKC-MHD) MOTION for Protective Order. and In Opposition to Plaintiff's Motion for Sanctions. Document filed by Rose Agro, Alceus, Rose Argo, Arkhurst, Kennith T. Armstead, Johanna Banks, B. Behari, Captain Dubnar, Joseph Caputo, City of New York, Larry Davis, Dixon, Sharma Dunbar, Lewis Finkelman, Florence L. Finkle, Michael Hourihane, Charlton Lemon, Kathleen Mulvey, Officer Phillips, Cathy Potter, Michael J. Regan, Dora Schriro, Mark A. Scott, Hildy J. Simmons, Steward-Bowden, Victor, Richard T. Wolf, Anderson Alceus, Rose Argo, Sandy Arkhurst, B Beharri, J. Caputo, Larry Davis Sr., Terrance Dixon, Florence Finkle, Florence Hourihane, Charlton Lemon, Kathleen Mulvey, Kathleen Muvley, Phillips, Cathy Potler, Dora Schiriro, Hildy J. Simmons, Hildy J. Simmons, L. Steward-Bowden, The City of New York, Lydon Victor, Richard Wolf. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Beath, Patrick) (Entered: 08/07/2013)
2013-08-19	100	0		RESPONSE in Opposition re: (97 in 1:11-cv-07665-PKC-MHD) MOTION for Protective Order.. Document filed by Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Forde, Bianca) (Entered: 08/19/2013)
2013-08-19	101	0		RESPONSE in Opposition re: (155 in 1:11-cv-04952-PKC-KNF) MOTION to Set Aside or Modify the July 17, 2013 Order of Magistrate Judge Kevin N. Fox.. Document filed by Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Forde, Bianca) (Entered: 08/19/2013)
2013-08-19	102	0		DECLARATION of Bianca M. Forde in Opposition re: (155 in 1:11-cv-04952-PKC-KNF) MOTION to Set Aside or Modify the July 17, 2013 Order of Magistrate Judge Kevin N. Fox.. Document filed by Umar Alli. (Attachments: # 1 Exhibit)Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Forde, Bianca) (Entered: 08/19/2013)
2013-08-22	103	0		REPLY MEMORANDUM OF LAW in Support re: (155 in 1:11-cv-04952-PKC-KNF) MOTION to Set Aside or Modify the July 17, 2013 Order of Magistrate Judge Kevin N. Fox.. Document filed by Rose Agro, Alceus, Rose Argo, Arkhurst, Kennith T. Armstead, Johanna Banks, B. Behari, Captain Dubnar, Joseph Caputo, City of New York, Larry Davis, Dixon, Sharma Dunbar, Lewis Finkelman, Florence L. Finkle, Michael Hourihane, Charlton Lemon, Kathleen Mulvey, Officer Velez, Cathy Potter, Michael J. Regan, Dora Schriro, Mark A. Scott, Hildy J. Simmons, Steward-Bowden, Officer Velez, Victor, Richard T. Wolf, Anderson Alceus, Rose Argo, Sandy Arkhurst, B Beharri, J. Caputo, Larry Davis Sr., Terrance Dixon, Florence Finkle, Florence Hourihane, Charlton Lemon, Kathleen Mulvey, Kathleen Muvley, Cathy Potler, Dora Schiriro, Hildy J. Simmons, Hildy J. Simmons, L. Steward-Bowden, The City of New York, Velez, Lydon Victor, Richard Wolf. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Beath, Patrick) (Entered: 08/22/2013)
2013-10-08	104	0		AFFIDAVIT of Bianca M. Forde in Support re: (94 in 1:11-cv-07665-PKC-MHD) MOTION for Sanctions.. Document filed by Umar Alli. (Attachments: # 1 Exhibit)Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Forde, Bianca) (Entered: 10/08/2013)
2013-10-11	105	0		ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Patrick Beath dated 10/11/2013 re: Counsel for defendants request that the briefing schedule concerning the amount of reasonable expenses incurred be stayed pending resolution of defendants' Rule 72 motion. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/11/2013) Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD (tn) (Entered: 10/11/2013)
2013-10-29	106	0		RESPONSE in Support of Motion re: (94 in 1:11-cv-07665-PKC-MHD, 159 in 1:11-cv-04952-PKC-KNF) MOTION for Sanctions. {Declaration of Bianca M. Forde in Support of Plaintiff's Revised Request for Reasonable Expenses Incurred}. Document filed by Umar Alli. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Forde, Bianca) (Entered: 10/29/2013)
2013-11-01	107	0		ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Diana L. Hughes dated 11/1/2013 re: Plaintiff requests that Your Honor schedule a pre-motion conference in this matter. ENDORSEMENT: A telephonic conference will be held with the parties on November 7, 2013, at 5:00 p.m. Counsel to the plaintiff shall initiate the telephonic conference. As November 7, 2013, is the date on which any reply to the motion for a protective order, Docket Entry No. 186, is due, counsel to the defendants shall present the reply, if any, orally during the conference. (Telephone Conference set for 11/7/2013 at 05:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/1/2013) Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD (tn) (Entered: 11/01/2013)
2013-11-01	108	0		ORDER: Settlement Conference previously scheduled for 11/26/2013 at 10:30 a.m. is rescheduled for the same date at 02:30 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/1/2013) Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD (tn) (Entered: 11/01/2013)
2013-11-07	109	0		MEMORANDUM OF LAW in Opposition re: (179 in 1:11-cv-04952-PKC-KNF) MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi. Document filed by Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Forde, Bianca) (Entered: 11/07/2013)
2013-11-07	110	0		AFFIDAVIT of Bianca M. Forde in Opposition re: (179 in 1:11-cv-04952-PKC-KNF) MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi. Document filed by Umar Alli. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Forde, Bianca) (Entered: 11/07/2013)
2013-11-07	111	0		NOTICE OF APPEARANCE by Stacey Leigh Foltz on behalf of Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Foltz, Stacey) (Entered: 11/07/2013)
2013-11-08	112	0		LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Diana L. Hughes dated 11/08/2013 re: request to consider Plaintiff's opposition to Defendant City of New York's Motion for Protective Order [Docket Entry # 186]. Document filed by Umar Alli.Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Hughes, Diana) (Entered: 11/08/2013)
2013-11-08	113	0		MEMORANDUM OF LAW in Opposition re: (186 in 1:11-cv-04952-PKC-KNF) MOTION for Protective Order.. Document filed by Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Hughes, Diana) (Entered: 11/08/2013)
2013-11-08	114	0		MOTION for Protective Order pursuant to Federal Rules of Civil Procedure 26(b)(2) and 26(c). Document filed by Umar Alli.Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Hughes, Diana) (Entered: 11/08/2013)
2013-11-08	115	0		MEMORANDUM OF LAW in Support re: (203 in 1:11-cv-04952-PKC-KNF, 114 in 1:11-cv-07665-PKC-MHD) MOTION for Protective Order pursuant to Federal Rules of Civil Procedure 26(b)(2) and 26(c).. Document filed by Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Hughes, Diana) (Entered: 11/08/2013)
2013-11-08	116	0		DECLARATION of Diana L. Hughes in Support re: (203 in 1:11-cv-04952-PKC-KNF, 114 in 1:11-cv-07665-PKC-MHD) MOTION for Protective Order pursuant to Federal Rules of Civil Procedure 26(b)(2) and 26(c).. Document filed by Umar Alli. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Hughes, Diana) (Entered: 11/08/2013)
2013-11-11	117	0		NOTICE OF APPEARANCE by Sofia Roa Arguello on behalf of Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Arguello, Sofia) (Entered: 11/11/2013)
2013-11-14	118	0		MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL AND ORDER: Plaintiff Umar Alli moves this Court to withdraw Bianca Michelle Forde as counsel of record as well as remove her from the ECF service list in the above-captioned case, as Ms. Forde is no longer associated with Winston & Strawn LLP. ENDORSMENT: Application granted. (Signed by Judge P. Kevin Castel on 11/14/2013) Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(cd) Modified on 11/19/2013 (cd). (Entered: 11/15/2013)
2013-11-15	119	0		LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Diana L. Hughes dated 11/15/2013 re: request permission to file a sur-reply to Defendants Reply Memorandum of Law in Further Support of Their Motion to Modify the June 21, 2013 Scheduling Order [Docket No. 209]. Document filed by Umar Alli.Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Hughes, Diana) (Entered: 11/15/2013)
2013-11-15	120	0		ORDER: The parties to the above-captioned actions have requested that the pretrial scheduling order be modified principally because they "have experienced unforeseen scheduling delays and engaged in substantial discovery motion practice." The nature of the "unforeseen scheduling delays" is not explained by the parties and discovery motions are unremarkable routine components of litigation. In the circumstance of the instant case, the Court finds that the parties have not provided "good cause" for modifying the pretrial scheduling order, as required by Fed. R. Civ. P. 16(b)(4); accordingly, their request is denied. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/15/2013) Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(mro) (Entered: 11/18/2013)
2013-11-20	121	0		LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Diana L. Hughes dated 11/20/2013 re: scheduling delays and pending discovery motions that constitute good cause to modify the pretrial scheduling order, pursuant to 11/18/2013 Order. Document filed by Umar Alli.Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Hughes, Diana) (Entered: 11/20/2013)
2013-11-20	122	0		STIPULATION AND ORDER: that Defendants will have up to seven hours to depose plaintiff, as provided by the Federal Rules of Civil Procedure, and may inquire into any matters relevant to the allegations set forth in the Third Amended Complaint as further set forth in this Order; Plaintiff withdraws his November 8, 2013 motion for a protective order; and the Clerk of Court is directed to terminate Docket Entry No. 203. Motions terminated: (203 in 1:11-cv-04952-PKC-KNF, 114 in 1:11-cv-07665-PKC-MHD) MOTION for Protective Order pursuant to Federal Rules of Civil Procedure 26(b)(2) and 26(c) filed by Umar Alli. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/20/2013) Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(tn) (Entered: 11/20/2013)
2013-11-20	123	0		MEMO ENDORSEMENT on re: (211 in 1:11-cv-04952-PKC-KNF, 119 in 1:11-cv-07665-PKC-MHD) Letter, filed by Umar Alli. ENDORSEMENT: Application granted. The sur-reply must be served and file on or before November 22, 2013. (Surreplies due by 11/22/2013.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/20/2013) Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(tn) (Entered: 11/20/2013)
2013-11-21	124	0		NOTICE OF APPEARANCE by John M. Aerni on behalf of Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Aerni, John) (Entered: 11/21/2013)
2013-11-22	125	0		REPLY MEMORANDUM OF LAW in Opposition re: (179 in 1:11-cv-04952-PKC-KNF) MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi MOTION to Amend/Correct (148) Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,,,,, To Modify the June 21, 2013 Scheduling Order Pursuant to Fed. R. Civ. P. 16(b)(4) such that Discovery is Staged First on the Claims Against the Indi --- PLAINTIFF UMAR ALLI'S SUR-REPLY IN SUPPORT OF HIS OPPOSITION TO DEFENDANTS MOTION TO MODIFY THE JUNE 21, 2013 SCHEDULING ORDER. Document filed by Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Hughes, Diana) (Entered: 11/22/2013)
2013-11-22	126	0		LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Stacey L. Foltz dated 11/22/2013 re: response to Defendants' request to indefinitely adjourn the November 26, 2013 settlement conference.. Document filed by Umar Alli.Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Foltz, Stacey) (Entered: 11/22/2013)
2013-11-25	127	0		ORDER granting (217) Letter Motion to Adjourn Conference: Application granted. The telephonic conference scheduled previously for November 7, 2013, that was not held, will be held on November 26, 2013, at 2:30 p.m. The plaintiff shall initiate the telephonic conference. (Telephone Conference set for 11/26/2013 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox in case 1:11-cv-04952-PKC-KNF) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/25/2013) Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD (tn) (Entered: 11/25/2013)
2013-12-03	128	0		NOTICE OF APPEARANCE by Jennifer Maryon Stewart on behalf of Umar Alli, Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Stewart, Jennifer) (Entered: 12/03/2013)
2013-12-04	129	0		REPLY MEMORANDUM OF LAW in Support re: (94 in 1:11-cv-07665-PKC-MHD, 159 in 1:11-cv-04952-PKC-KNF) MOTION for Sanctions. [Plaintiff's Reply Memorandum of Law in Support of Application for Expenses]. Document filed by Umar Alli. Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Stewart, Jennifer) (Entered: 12/04/2013)
2013-12-04	130	0		DECLARATION of Jennifer M. Stewart in Support re: (94 in 1:11-cv-07665-PKC-MHD, 159 in 1:11-cv-04952-PKC-KNF) MOTION for Sanctions.. Document filed by Umar Alli. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD(Stewart, Jennifer) (Entered: 12/04/2013)
2013-12-10	131	0		ORDER denying (227) Letter Motion for Local Rule 37.2 Conference in case 1:11-cv-04952-PKC-KNF: The instant application for a conference is denied. The defendants may move for a protective order on or before December 17, 2013. The response to the motion and any reply shall be made in accordance with Local Civil Rule 6.1(a) of this Court. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/10/2013) Filed In Associated Cases: 1:11-cv-04952-PKC-KNF, 1:11-cv-07665-PKC-MHD (tn) (Entered: 12/10/2013)
2013-12-23	132	0		ORDER OF DISMISSAL: The Court having been advised that the parties have reached an agreement in principle to settle all claims asserted herein, it is ORDERED, that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within forty-five (45) days if the settlement is not consummated. All motions (11 Civ. 7665 DE 94, 97) are terminated as moot without prejudice to refiling in the event the case is reopened. (Signed by Judge P. Kevin Castel on 12/23/2013) (lmb) (Entered: 12/23/2013)
2014-01-31	133	0		STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that 1. The above-referenced action is hereby dismissed with prejudice; and 2. Notwithstanding the dismissal of this action in accordance with this agreement, the District Court shall continue to maintain jurisdiction over this action for the purpose of enforcing the terms of the settlement agreement reached between the parties and set forth in the Stipulation of Settlement executed by the parties in this matter. (Signed by Judge P. Kevin Castel on 1/31/2014) (lmb) (Entered: 01/31/2014)