Case details

Court: nywd
Docket #: 1:99-cv-00507
Case Name: Hylton v. Goord, et al
PACER case #: 31528
Date filed: 1999-07-21
Date terminated: 2001-05-10
Assigned to: Hon. H. Kenneth Schroeder, Jr
Case Cause: 42:1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Michael Hylton
Plaintiff
Mr.
Michael Hylton
94-A-0812 Wende Correctional Facility 3622 Wende Road Box 1187 Alden, NY 14004 PRO SE

Commissioner . Goord
Defendant
TERMINATED: 11/09/1999
Skinner
Defendant
D.S.S.J. TERMINATED: 11/09/1999
Monattan
Defendant
Captain TERMINATED: 11/09/1999
Sgt. Addison
Defendant
Michael A. Siragusa
New York State Attorney General's Office Main Place Tower Suite 300A 350 Main Street Buffalo, NY 14202 (716) 853-8485 Fax: 716-853-8571 Email: michael.siragusa@oag.state.ny.us
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Carroll
Defendant
TERMINATED: 11/09/1999
Hausberg
Defendant
C.O. TERMINATED: 11/09/1999
E. Hoffman
Defendant
TERMINATED: 11/09/1999

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1999-07-21 1 0 COMPLAINT filed; (SG) (Entered: 07/22/1999)
1999-07-21 2 0 MOTION by Michael Hylton to Proceed in Forma Pauperis (SG) (Entered: 07/22/1999)
1999-09-02 3 0 ORDER granting [2-1] motion to Proceed in Forma Pauperis, Dismissing all of plaintiff's claims except his retaliation claim and the related claims against defendant Addison with prejudice , the Clerk of Court is directed to terminate all defendants except defendant Addison set Amended Pleadings deadline to 9/15/99 ; the Clerk of Court shall send plaintiff a copy of his original complaint, a blank 1983 complaint form and this order; failure to file an amended complaint by the date specified will result in the Clerk of Court directing the U.S. Marshal to serve a copy of the Summons, Original Complaint and this Order upon defendant Addison without plaintiff's payment (signed by Senior USDJ John T. Elfvin) Notice and copy of order sent to Michael Hylton (SG) (Entered: 09/03/1999)
1999-09-27 4 0 MOTION by Michael Hylton to Extend Time to file answer (SG) (Entered: 09/29/1999)
1999-10-05 6 0 ORDER granting [4-1] motion to Extend Time to file answer, set Amended Pleadings deadline to 10/25/99 , if plaintiff fails to file amended complaint by said date, the U.S. Marshal Service shall serve a copy of the Summons, Complaint and this Order upon defendant Addison (signed by USMJ Carol E. Heckman) Notice and copy of order sent to Michael Hylton (SG) (Entered: 10/07/1999)
1999-10-21 7 0 ORDER, reset Amended Pleadings deadline to 11/24/99 ; failure file the amended complaint the Clerk will direct the U.S. Marshal to serve a copy of the Summons and Original Complaint and the 9/2/99 Order upon defendant Addison; the Clerk is to send a copy of the Original Complaint to the plaintiff and to terminate all defendants except Addison and to amend the caption to read: Hylton V. Addison ( signed by USMJ Carol E. Heckman ) Notice and copy of order sent to Michael Hylton (SG) (Entered: 10/22/1999)
1999-11-09 8 0 AMENDED COMPLAINT by Michael Hylton , amending [1-1] complaint (SG) (Entered: 11/16/1999)
1999-11-30 9 0 ORDER, directing that the U.S. Marshal are to serve copies of the Summons, Amended Complaint and this Order upon the named defendant without plaintiff's payment ; the defendant is directed to answer the complaint ( signed by Senior USDJ John T. Curtin ) Notice and copy of order sent to Michael Hylton (SG) (Entered: 12/01/1999)
2000-02-02 10 0 RETURN OF SERVICE executed with Original Summons as to Addison 1/24/00 Answer due on 2/13/00 for Addison [8-1] amended complaint by Michael Hylton (SG) (Entered: 02/04/2000)
2000-06-06 11 0 ANSWER by Addison (Attorney Michael A. Siragusa) to amended complaint; jury demand (SG) (Entered: 06/07/2000)
2000-07-17 12 0 MOTION by Michael Hylton for Appointment of Counsel , and for Extension of summary judgment (JMD) (Entered: 07/18/2000)
2000-07-17 13 0 RESPONSE by plaintiff Michael Hylton to defendants [11-1] complaint answer (JMD) (Entered: 07/18/2000)
2000-07-25 14 0 ORDER REFERRING CASE to USMJ H. K. Schroeder Jr. for the following pre-trial matters: conducting scheduling conferences and entry of scheduling orders; hearing and disposition of all NON-DISPOSITIVE motions or applications; supervision of discovery and supervision of all procedural matters involving the aforementioned; conducting status/settlement conferences and that pursuant to 28:636(b)(1)(B), any motion for injunctive relief may be heard by the Magistrate Judge who will thereafter file a report and recommendation for disposition ( signed by Senior USDJ John T. Elfvin ) Notice and copy sent to Michael A. Siragusa, Michael Hylton . (SG) (Entered: 07/26/2000)
2000-08-08 15 0 ADDITIONAL RESPONSE by Michael Hylton re: [13-1] response reply by Michael Hylton (SG) (Entered: 08/08/2000)
2000-08-14 16 0 ORDER denying [12-1] motion for Appointment of Counsel, directing the defendant to disclose to plaintiff certain information, as set forth in this order and directing the Clerk of Court to send to the plaintiff copies of the Court's booklet entitled Pro Se Litigation Guidelines and the Manual for Inmate Litigants ( signed by Senior USDJ John T. Elfvin ) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 08/15/2000)
2000-08-29 17 0 REQUEST for Production of Documents by Michael Hylton (SG) (Entered: 08/30/2000)
2000-09-13 18 0 ORDER denying [12-2] motion for Extension of summary judgment as premature because there currently is no deadline set for filing of such a motion ( signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 09/15/2000)
2000-09-13 19 0 ORDER, set Preliminary Pretrial Conference for 3:00 10/17/00 ( signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 09/15/2000)
2000-09-28 20 0 Defendants OBJECTIONS and responses to [17-1] request for production of documents (JMD) (Entered: 09/29/2000)
2000-09-29 21 0 RESPONSE by defendant Addison to the Court's [16-1] Order (JMD) (Entered: 09/29/2000)
2000-10-18 22 0 SCHEDULING ORDER setting DDL for Motions Join Parties/Amend Pleadings 10/31/00 Discovery cutoff 1/15/01 ; Defendant's expert witness ID deadline on 12/11/00 Plaintiff's expert witness ID deadline for 12/1/00 Deadline for filing of all motions 1/31/01 ; Response to Motion 2/8/01 ; Reply to Responses to Motions 2/15/01 ; Pretrial Statements due 2/8/01; defendant may depose the plaintiff; no later than 11/15/00 defendants shall provde to plaintiff the identity of all persons who were present at, witnessed or investigated the events from which the plaintiff's claims arose; all depositions shall be completed 12/29/00; all applications to resolve discovery disputes shall be filed on or before 12/15/00 (signed by USMJ H. K. Schroeder Jr. ). Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 10/19/2000)
2000-10-20 23 0 LETTER: to Magistrate Judge Schroeder from Plaintiff dated 10/17/00 (SG) (Entered: 10/23/2000)
2000-10-25 24 0 OBJECTION by Michael Hylton to [20-1] objection by Addison (SG) (Entered: 10/26/2000)
2000-10-31 25 0 ORDER denying [23-1] letter motion for appointment of counsel; it is the plaintiff's responsibility to retain an attorney or press forward with this action pro se (signed by USMJ H. K. Schroeder Jr.) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 11/01/2000)
2000-11-07 26 0 MOTION by Michael Hylton to Amend [8-1] amended complaint and Notification on expert witnesses (SG) (Entered: 11/09/2000)
2000-11-07 27 0 REQUEST FOR ADMISSIONS by Plaintiff (SG) (Entered: 11/09/2000)
2000-11-07 28 0 REQUEST for Production of Documents by Michael Hylton (SG) (Entered: 11/09/2000)
2000-11-13 29 0 DECLARATION by Michael Siragusa counsel for defendant re: medical records received from County of Passaic (JMD) (Entered: 11/13/2000)
2000-11-16 30 0 OBJECTION by defendant Addison to [28-1] request for production of documents by Michael Hylton (JMD) (Entered: 11/16/2000)
2000-11-17 31 0 RESPONSE by defendant Addison to [28-1] produce requested by Michael Hylton (JMD) (Entered: 11/17/2000)
2000-11-17 32 0 RESPONSE by defendant Addison to [27-1] request for admissions (JMD) (Entered: 11/17/2000)
2000-11-27 33 0 NOTICE by Addison to take deposition of Michael Angelo Hylton (SG) (Entered: 11/29/2000)
2000-12-06 34 0 MOTION by Michael Hylton to Compel production of documents (SG) (Entered: 12/07/2000)
2000-12-20 35 0 ORDER denying [34-1] motion to Compel production of documents (signed by USMJ H. K. Schroeder Jr.) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 12/26/2000)
2001-01-03 36 0 CONSENT TO PROCEED before Magistrate Judge and Order Referring Case to USMJ H. K. Schroeder Jr. ( signed by Senior USDJ John T. Elfvin ) Case reassigned to USMJ H. K. Schroeder Jr. Notice and copy to Michael A. Siragusa, Michael Hylton (SG) (Entered: 01/04/2001)
2001-01-10 37 0 ORDER, Response to Motion set to 1/23/01 for [26-1] motion to Amend [8-1] amended complaint and Notification on expert witnesses; after which time the motion shall be taken under advisement (signed by USMJ H. K. Schroeder Jr.) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 01/11/2001)
2001-01-12 38 0 MEMORANDUM of LAW by defendant Addison in response/ opposition to [26-1] motion to Amend [8-1] amended complaint (JMD) (Entered: 01/16/2001)
2001-01-12 39 0 DECLARATION by Michael Siragusa counsel for defendant in support of [38-1] response/opposition memorandum to motion to amend complaint (JMD) (Entered: 01/16/2001)
2001-01-17 40 0 MOTION by Michael Hylton to Extend Time to amend the complaint (SG) (Entered: 01/22/2001)
2001-01-19 41 0 LETTER in Opposition by Plaintiff to Magistrate Judge Schroeder dated 1/17/01 (SG) (Entered: 01/23/2001)
2001-01-26 42 0 MOTION by Addison for Summary Judgment (SG) (Entered: 01/30/2001)
2001-01-26 43 0 MEMORANDUM by Addison in support of [42-1] motion for Summary Judgment by Addison (SG) (Entered: 01/30/2001)
2001-01-26 44 0 AFFIDAVIT with Exhibits by Addison in support of [42-1] motion for Summary Judgment by Addison (SG) (Entered: 01/30/2001)
2001-01-26 45 0 AFFIDAVIT with Exhibits of Jeffrey Skinner by Addison in support of [42-1] motion for Summary Judgment by Addison (SG) (Entered: 01/30/2001)
2001-01-26 46 0 DECLARATION/AFFIRMATION with Exhibits by Addison in support of the [42-1] motion for Summary Judgment by Addison (SG) (Entered: 01/30/2001)
2001-01-26 47 0 STATEMENT OF FACTS by Addison [42-1] motion for Summary Judgment by Addison (SG) (Entered: 01/30/2001)
2001-01-31 48 0 ORDER, Response to Motion set to 3/2/01 for [42-1] motion for Summary Judgment, after which time the motion shall be taken under advisement (signed by USMJ H. K. Schroeder Jr.) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 02/02/2001)
2001-02-02 49 0 MOTION by Michael Hylton to Extend Time (SG) (Entered: 02/07/2001)
2001-02-16 50 0 ORDER denying [26-1] motion to Amend [8-1] amended complaint and Notification on expert witnesses ( signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 02/21/2001)
2001-02-16 51 0 ORDER denying [49-1] motion to Extend Time ( signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 02/21/2001)
2001-02-22 52 0 MOTION by Michael Hylton to Withdraw [1-1] complaint (SG) (Entered: 02/22/2001)
2001-03-01 53 0 ORDER, Dismissing the complaint with prejudice (signed by USMJ H. K. Schroeder Jr.) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 03/02/2001)
2001-03-02 54 0 JUDGMENT for Addison against Michael Hylton (Signed by Clerk of Court) Notice and copy of judgment sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 03/02/2001)
2001-03-05 55 0 MOTION by Michael Hylton for Reconsideration of [54-1] judgment order, [53-1] order Dismissing the complaint with prejudice (SG) (Entered: 03/07/2001)
2001-03-27 56 0 ORDER granting [55-1] motion for Reconsideration of [54-1] judgment order, [53-1] order Dismissing the complaint with prejudice and directing that the action shall be reopened and that the plaintiff has until 4/27/01 to respond to defendant's motion for summary judgment; failure to file response by said date will result in dismissal without further order (signed by USMJ H. K. Schroeder Jr.) Notice and copy of order sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 03/29/2001)
2001-05-10 57 0 JUDGMENT for Addison against Michael Hylton for plaintiff's failure to comply with Court Order (Signed by Clerk of Court) Notice and copy of judgment sent to Michael A. Siragusa, Michael Hylton (SG) (Entered: 05/10/2001)