| Court: | nywd |
| Docket #: | 6:07-cv-06265 |
| Case Name: | Smith v. Goord et al |
| PACER case #: | 64510 |
| Date filed: | 2007-05-24 |
| Assigned to: | Hon. Charles J. Siragusa |
| Referred to: | Hon. Marian W. Payson |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 550 Prisoner: Civil Rights |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Andre Smith Plaintiff |
Andre Smith |
| Commissioner Glenn Goord Defendant TERMINATED: 02/11/2008 |
Gary M. Levine |
| L. McNamara Defendant Acting Superintendent TERMINATED: 02/11/2008 |
Gary M. Levine |
| Corrections Officer Augustine Defendant |
Gary M. Levine |
| Corrections Officer J. Gilbert Defendant |
Gary M. Levine |
| Corrections Officer T. Hable Defendant |
Gary M. Levine |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2007-05-24 | 1 | 0 | COMPLAINT against Glenn Goord, L. McNamara, Augustine, J. Gilbert, T. Hable, filed by Andre Smith.(JHF) (Entered: 05/30/2007) | |||
| 2007-05-24 | 2 | 0 | MOTION for Leave to Proceed in forma pauperis by Andre Smith.(JHF) (Entered: 05/30/2007) | |||
| 2007-06-04 | 3 | 0 | ORDER REFERRING CASE to Magistrate Judge Marian W. Payson. Signed by Hon. Charles J. Siragusa on 6/4/07. (JHF) (Entered: 06/04/2007) | |||
| 2007-06-08 | 4 | 0 | MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Andre Smith.(JHF) (Entered: 06/08/2007) | |||
| 2007-06-20 | 5 | 0 | ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to mail a copy of the complaint and the moton papers, together with this Order to the Assistant Attorney Genearl in Charge (Rochester). The Clerk of Court is also directed to ensure that all necessary paperwork is submitted to the U.S. Marshal without delay. The U. S. Marshal is directed to serve copies of the summons, complaint, motion for injunctive relief and this Order upon the named defendants without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plainitff's favor. Defendants are directed to answer the complaint. Further, the Court directs defendants to answer the motion for injunctive relief within twenty days of service. Signed by Judge Charles J. Siragusa on 6/19/07. (DZ, ) (Entered: 06/20/2007) | |||
| 2007-06-29 | 6 | 0 | MOTION to Compel Production of Photographs by Andre Smith. Motions referred to Marian W. Payson.(JHF) (Entered: 07/05/2007) | |||
| 2007-07-12 | 7 | 0 | ORDER denying as premature 6 Motion to Compel. Plaintiff may re-serve discovery requests following the Rule 16 scheduling conference. Signed by Judge Marian W. Payson on 7/12/2007. (KAH) (Entered: 07/13/2007) | |||
| 2007-07-31 | 8 | 0 | MEMORANDUM AND ORDER denying 4 Motion for Preliminary Injunction; denying 4 Motion for TRO. Signed by Judge Charles J. Siragusa on 7//30/07. (KAR) (Entered: 07/31/2007) | |||
| 2007-08-24 | 9 | 0 | MOTION to Dismiss on behalf of Defendants by Glenn Goord, L. McNamara, Augustine, J. Gilbert, T. Hable.(Levine, Gary) (Entered: 08/24/2007) | |||
| 2007-08-24 | 10 | 0 | MEMORANDUM IN SUPPORT re 9 MOTION to Dismiss on behalf of Defendants byGlenn Goord, L. McNamara, Augustine, J. Gilbert, T. Hable. (Levine, Gary) (Entered: 08/24/2007) | |||
| 2007-08-24 | 11 | 0 | DECLARATION signed by Gary Levine, AAG re 8 Order on Motion for Preliminary Injunction, Order on Motion for TRO filed by Glenn Goord, L. McNamara, Augustine, J. Gilbert, T. Hable on behalf of Defendants. (Levine, Gary) (Entered: 08/24/2007) | |||
| 2007-08-24 | 12 | 0 | ANSWER to Complaint by Augustine.(Levine, Gary) (Entered: 08/24/2007) | |||
| 2007-08-24 | 13 | 0 | ANSWER to Complaint by T. Hable.(Levine, Gary) (Entered: 08/24/2007) | |||
| 2007-08-31 | 14 | 0 | RESPONSE IN OPPOSITION to re 12 Answer to Complaint, 13 Answer to Complaint filed by Andre Smith. (JHF) (Entered: 08/31/2007) | |||
| 2007-08-31 | 15 | 0 | RESPONSE IN OPPOSITION to re 10 Memorandum in Support filed by Andre Smith. (JHF) (Entered: 08/31/2007) | |||
| 2007-08-31 | 16 | 0 | DECLARATION signed by Andre Smith, filed by Andre Smith. (JHF) (Entered: 08/31/2007) | |||
| 2007-08-31 | 17 | 0 | CERTIFICATE OF SERVICE by Andre Smith re 16 Declaration, 15 Response, 14 Response. (JHF) (Entered: 08/31/2007) | |||
| 2007-10-02 | 18 | 0 | MOTION SCHEDULING ORDER re 9 MOTION to Dismiss on behalf of Defendants filed by T. Hable, Augustine, Glenn Goord, L. McNamara, J. Gilbert. Responses due by 11/2/2007. Written decision will be issued after 11/2/07. Signed by Hon. Charles J. Siragusa on 9/27/07. (KAR) (Entered: 10/02/2007) | |||
| 2008-02-11 | 19 | 0 | DECISION AND ORDER granting 9 Motion to Dismiss with regard to claims against Defendants Commissioner Goord and Acting Superintendent McNamara. Claims against those two defendants are dismissed. The remaining claims may go forward as plead. Signed by Judge Charles J. Siragusa on 2/11/08. (KAP) (Entered: 02/11/2008) | |||
| 2008-02-12 | 20 | 0 | ANSWER to Complaint by J. Gilbert.(Levine, Gary) (Entered: 02/12/2008) | |||
| 2008-03-05 | 21 | 0 | REPLY/RESPONSE to re 20 Answer to Complaint filed by Andre Smith. (RE) (Entered: 03/10/2008) | |||
| 2008-04-10 | 22 | 0 | SCHEDULING ORDER: Join Parties/Amend Pleadings due by 4/24/2008. Plaintiff's Deposition due by 7/31/2008. Defendants to provide plaintiff with documents by 4/24/2008. Motions to Compel Discovery due by 7/14/2008. Discovery completed by 7/31/2008. Dispositive Motions due by 9/5/2008. Responses due by 10/3/2008. Replies due by 10/17/2008. Signed by Hon. Marian W. Payson on 4/10/2008. (KAH) (Entered: 04/11/2008) | |||
| 2008-04-14 | 23 | 0 | RULE 26 DISCLOSURE by Augustine, J. Gilbert, T. Hable. (Attachments: # 1 Exhibit Exhibits C & D)(Levine, Gary) (Entered: 04/14/2008) | |||
| 2008-04-14 | 24 | 0 | NOTICE to Take Deposition of Andre Smith by Augustine, J. Gilbert, T. Hable.(Levine, Gary) (Entered: 04/14/2008) | |||
| 2008-04-10 | 25 | 0 | Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 4/10/2008. Appearances: Andre Smith, by telephone; Gary M. Levine, Esq. (CAM) (Entered: 04/16/2008) | |||
| 2008-06-04 | 26 | 0 | RESPONSE to Discovery Request from Gary M. Levine (Defendants' Response to Plaintiff's Set of Request for Production of Documents) by Augustine, J. Gilbert, T. Hable.(Levine, Gary) (Entered: 06/04/2008) | |||
| 2008-06-04 | 27 | 0 | RESPONSE to Discovery Request from Gary M. Levine (Defendants' Response to Plaintiff's First Set of Request for Admissions) by Augustine, J. Gilbert, T. Hable.(Levine, Gary) (Entered: 06/04/2008) | |||
| 2008-06-04 | 28 | 0 | ANSWER to Interrogatories from Gary M. Levine (Defendants' Response to Plaintiff's First Set of Interrogatories) by Augustine, J. Gilbert, T. Hable.(Levine, Gary) (Entered: 06/04/2008) | |||
| 2008-07-31 | 29 | 0 | ANSWER to Interrogatories from Timothy Hable by T. Hable.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 30 | 0 | ANSWER to Interrogatories from Timothy Hable (Second Set) by T. Hable.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 31 | 0 | ANSWER to Interrogatories from Timothy Hable (Third Set) by T. Hable.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 32 | 0 | ANSWER to Interrogatories from James Gilbert by J. Gilbert.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 33 | 0 | ANSWER to Interrogatories from James Gilbert (Second Set) by J. Gilbert.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 34 | 0 | ANSWER to Interrogatories from James Gilbert (Third Set) by J. Gilbert.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 35 | 0 | ANSWER to Interrogatories from Richard Augustine by Augustine.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 36 | 0 | ANSWER to Interrogatories from Richard Augustine (Second Set) by Augustine.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 37 | 0 | ANSWER to Interrogatories from Richard Augustine (Third Set) by Augustine.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 38 | 0 | RESPONSE to Discovery Request from Timothy Hable (Second Set of Request for Admissions) by T. Hable.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 39 | 0 | RESPONSE to Discovery Request from Timothy Hable (Third Set of Request for Admissions) by T. Hable.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 40 | 0 | RESPONSE to Discovery Request from James Gilbert (Second Set of Request for Admissions) by J. Gilbert.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 41 | 0 | RESPONSE to Discovery Request from James Gilbert (Third set of Request for Admissions) by J. Gilbert.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 42 | 0 | RESPONSE to Discovery Request from Richard Augustine (Second Set of Request for Admissions) by Augustine.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 43 | 0 | RESPONSE to Discovery Request from Richard Augustine (Third Set of Request for Admissions) by Augustine.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 44 | 0 | RESPONSE to Discovery Request from Gary M. Levine (Response to Third Set of Production of Documents) by Augustine, J. Gilbert, T. Hable.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-07-31 | 45 | 0 | RESPONSE to Discovery Request from Gary M. Levine (Response to Fourth Set of Production of Documents) by Augustine, J. Gilbert, T. Hable.(Levine, Gary) (Entered: 07/31/2008) | |||
| 2008-08-08 | 46 | 0 | MOTION for Summary Judgment by Augustine, J. Gilbert, T. Hable.(Levine, Gary) (Entered: 08/08/2008) | |||
| 2008-08-08 | 47 | 0 | STATEMENT OF FACTS (Rule 56 Statement) by Augustine, J. Gilbert, T. Hable Related document: 46 Motion for Summary Judgment. (Levine, Gary) (Entered: 08/08/2008) | |||
| 2008-08-08 | 48 | 0 | DECLARATION signed by Karen Bellamy re 46 MOTION for Summary Judgment filed by Augustine, J. Gilbert, T. Hable. (Levine, Gary) (Entered: 08/08/2008) | |||
| 2008-08-08 | 49 | 0 | DECLARATION signed by Sabrina vonHagn re 46 MOTION for Summary Judgment filed by Augustine, J. Gilbert, T. Hable. (Levine, Gary) (Entered: 08/08/2008) | |||
| 2008-08-08 | 50 | 0 | DECLARATION signed by Gary M. Levine re 46 MOTION for Summary Judgment filed by Augustine, J. Gilbert, T. Hable. (Attachments: # 1 Exhibit Exhibit A (Part I), # 2 Exhibit Exhibit A (Part II))(Levine, Gary) (Entered: 08/08/2008) | |||
| 2008-08-08 | 51 | 0 | MEMORANDUM IN SUPPORT re 46 MOTION for Summary Judgment byAugustine, J. Gilbert, T. Hable. (Levine, Gary) (Entered: 08/08/2008) | |||
| 2008-08-21 | 52 | 0 | MOTION SCHEDULING ORDER re 46 MOTION for Summary Judgment filed by T. Hable, Augustine, J. Gilbert.(Responses due by 9/26/2008. Replies due by 10/10/2008.) Written decision will be rendered after 10/10/08. Signed by Hon. Charles J. Siragusa on 8/18/08. (KAP) (Entered: 08/21/2008) | |||
| 2008-08-25 | 53 | 0 | RESPONSE in Opposition re 46 MOTION for Summary Judgment filed by Andre Smith. Attachments: # 1 Main Document (Part 2), # 2 Main Document (Part 3), # 3 Main Document (Part 4).(JHF) (Entered: 08/28/2008) | |||
| 2008-12-10 | 54 | 0 | ORDER denying plaintiff's letter application requesting the Court extend additional postage to the plaintiff for the purpose of communication with the Court regarding his four WDNY cases. Signed by Hon. Charles J. Siragusa on 12/5/08. (JHF) (Entered: 12/10/2008) | |||
| 2009-01-14 | 55 | 0 | ORDER THAT the Court will accept the Exhibits unless, by January 26, 2009, Defendants oppose the application, in which case, Plaintiff shall show good cause and excusable neglect for extension of the deadline set in the Court's August 21, 2008, motion scheduling order, which set a deadline of September 26, 2008, for filing a response to Defendants' motion for summary judgment.. Signed by Hon. Charles J. Siragusa on 1/13/09. (KAP) (Entered: 01/14/2009) | |||
| 2009-08-31 | 56 | 0 | DECISION AND ORDER granting 46 Motion for Summary Judgment. The Eighth Amendment excessive force claims against defendants Augustine, Habel, and Gilbert are dismissed. Any remaining claims may go forward, as limited by the scope of Plaintiffs fully-exhausted grievance SPT-34335-05, dated August 4, 2005.Signed by Hon. Charles J. Siragusa on 8/27/09. (KAP) (Entered: 08/31/2009) | |||
| 2009-08-27 | 57 | 0 | NOTICE of Plaintiff's Request to Change Name by Andre Smith. (Address and release date included. Docketed pursuant to instruction from Pro Se.)(RE) Modified on 1/6/2010 (JHF). (Entered: 09/16/2009) | |||
| 2011-12-02 | 63 | 0 | DECISION AND ORDER denying 61 Motion for Reconsideration re 61 MOTION for Reconsideration filed by Andre Smith. Signed by Hon. Charles J. Siragusa on 12/1/11. (KAP) | 2011-12-02 09:41:26 | 5c60b29f2329e24d355177036b07ce4fb5e47de3 | |
| 2012-02-29 | 66 | 0 | ORDER granting 62 Defendants' Second Motion for Summary Judgment. Plaintiff's 1 Complaint is dismissed in its entirety with prejudice. CLERK TO FOLLOW UP. Signed by Hon. Michael A. Telesca on 02/27/12. (AFB) | 2012-02-29 10:48:37 | 577833298d68b1cb9af4f48c16816ea8fb7ab215 | |
| 2013-02-14 | 74 | 0 | ORDER denying 72 Motion to Appoint Counsel. Signed by Hon. Marian W. Payson on 2/14/2013. (KAH) | 2013-02-15 11:14:50 | 35e353ef5fb61978a65ead1bfe9202977e01c7b5 |