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Case Designated ECF. (rdz)
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April 18, 2011
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April 18, 2011
PACER
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1
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DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Leroy Peoples.(rdz)
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April 18, 2011
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April 18, 2011
PACER
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2
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COMPLAINT against Karen Bellamy, Norman Bezio, Richard A. Brown, Peter A. Crusco, Drown, Brian Fischer, LJard, Lucien J. LeClaire, Jr, William Lee, Malare, K O' Connor, Office of Counsel, D. Rock, Eric C. Rosenbaum. Document filed by Leroy Peoples.(rdz)
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April 18, 2011
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April 18, 2011
PACER
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Request for Copies/Transcripts/Docket Sheet Received: Request for Status of petition from Leroy Peoples received on 4/25/11. (kj)
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April 29, 2011
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April 29, 2011
PACER
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Docket Sheet Mailed: Request from Leroy Peoples mailed on 4/29/11. (kj)
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April 29, 2011
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April 29, 2011
PACER
|
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Request for Copies/Transcripts/Docket Sheet Received: Request for Requesting Acknowledgment of receipt of 42U.S.C. 1983,1985 from LeRoy Peoples received on 4/29/11. (kj)
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May 3, 2011
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May 3, 2011
PACER
|
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Request for Requesting Acknowledgment of receipt of 42 U.S.C. 1983,1985 from LeRoy Peoples: Docket Sheet mailed on 5/3/11. (kj)
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May 3, 2011
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May 3, 2011
PACER
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Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 5/4/2011. (kj)
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May 4, 2011
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May 4, 2011
PACER
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Request for Copies/Transcripts/Docket Sheet Received: Request for Letter dated April 28, 2011, Requesting the Court to Acknowledge receipt of my 42 U.S.C. 1983 from LeRoy Peoples received on 5/2/2011. (kj)
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May 4, 2011
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May 4, 2011
PACER
|
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Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from LeRoy Peoples mailed on 5/4/2011. (kj)
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May 4, 2011
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May 4, 2011
PACER
|
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Case Designated Local Rule 33.2. (jjg)
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May 6, 2011
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May 6, 2011
PACER
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3
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ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 5/6/2011) (mbe)
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May 6, 2011
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May 6, 2011
PACER
|
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Magistrate Judge Debra C. Freeman is so designated. (sjo)
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May 10, 2011
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May 10, 2011
PACER
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4
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NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (sjo)
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May 10, 2011
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May 10, 2011
PACER
|
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Mailed notice re: 4 Notice of Case Assignment/Reassignment to the attorney(s) of record. (sjo)
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May 11, 2011
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May 11, 2011
PACER
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6
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ORDER: The plaintiff is directed to have the Summons and Complaint promptly served on the defendants by filling out and forwarding to the United States Marshals Service the forms to be provided to plaintiff by the Pro Se Office. If service is not made upon the defendants by September 23, 2011, and plaintiff fails to show good cause why such service has not been effected, the Court will dismiss this action. The Pro Se Office at the United States Courthouse, 500 Pearl Street, New York, New York 10007, telephone number (212) 805-0175, may be of assistance in connection with court procedures but cannot give legal advice. (Signed by Judge Shira A. Scheindlin on 5/11/2011) (jpo)
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May 11, 2011
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May 11, 2011
PACER
|
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Request for Pro Se Manual: Request for manual received from Leroy Peoples on 5/9/11. The Pro Se Office will distribute one free copy of the Pro Se Manual to each pro se litigant who has been granted in forma pauperis status pursuant to 28 U.S.C. Section 1915 to bring a civil action after July 1, 2007. (kj)
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May 12, 2011
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May 12, 2011
PACER
|
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SUMMONS ISSUED as to Karen Bellamy, Norman Bezio, Richard A. Brown, Peter A. Crusco, Drown, Brian Fischer, LJard, Lucien J. LeClaire, Jr, William Lee, Malare, K O' Connor, Office of Counsel, D. Rock, Eric C. Rosenbaum. (jcs)
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May 18, 2011
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May 18, 2011
PACER
|
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Authorization Deduction Letter Mailed to Upstate Correctional Facility on 05/18/2011. (jcs)
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May 18, 2011
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May 18, 2011
PACER
|
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FRCP 4 (Service Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 05/18/2011 via Federal Express AIRBILL # 874803529269. The service package included: an original summons, copies of the summons, a certified In Forma Pauperis Application (IFP), copies of the IFP, complaint, United States Marshal (U.S.M.-285) forms, a pro se handbook, change of address postcards, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (jcs)
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May 18, 2011
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May 18, 2011
PACER
|
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Docket Sheet, and Federal Express receipt confirmation of delivery of Rule 4 service package mailed to Leroy Peoples on 5/23/11. (kj)
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May 23, 2011
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May 23, 2011
PACER
|
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Prisoner Trust Fund Account Statement by Leroy Peoples received on 6/6/2011.(mt)
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June 6, 2011
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June 6, 2011
PACER
|
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Set Deadlines/Hearings: Motions due by 8/15/2011. (djc)
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July 12, 2011
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July 12, 2011
PACER
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9
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ORDER. Defendants have indicated to the Court their intent to file a Motion to Dismiss. Defendants are ordered to file their motion by August 15, 2011. If plaintiff wishes to oppose defendants' motion, he must submit opposition papers. As plaintiff is proceeding pro se, it is hereby ORDERED that plaintiff file opposition papers, if any, to defendants' motion by September 15, 2011. All papers must be sent to the Court's Pro Se Office at 500 Pearl Street, Room 230, New York, New York 10007, and must be served upon defendants' counsel. If plaintiff submits opposition papers, defendants' reply will be due by September 29, 2011. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this Court will decide the motion on the papers submitted by defendants.(Responses due by 9/15/2011, Replies due by 9/29/2011.) (Signed by Judge Shira A. Scheindlin on 7/12/11) (djc)
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July 12, 2011
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July 12, 2011
PACER
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11
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Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from LeRoy Peoples received on August 3, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from LeRoy Peoples mailed on August 8, 2011. (vn)
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Aug. 8, 2011
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Aug. 8, 2011
PACER
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12
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Ward served on 7/26/2011, answer due 8/16/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)
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Aug. 9, 2011
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Aug. 9, 2011
PACER
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13
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Lucien J. LeClaire, Jr served on 7/13/2011, answer due 8/3/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)
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Aug. 9, 2011
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Aug. 9, 2011
PACER
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14
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Norman Bezio served on 6/28/2011, answer due 7/19/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)
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Aug. 9, 2011
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Aug. 9, 2011
PACER
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15
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. D. Rock served on 6/22/2011, answer due 7/13/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)
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Aug. 9, 2011
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Aug. 9, 2011
PACER
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16
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Drown served on 6/23/2011, answer due 7/14/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)
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Aug. 9, 2011
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Aug. 9, 2011
PACER
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17
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Brian Fischer served on 6/20/2011, answer due 7/11/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)
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Aug. 9, 2011
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Aug. 9, 2011
PACER
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18
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Eric C. Rosenbaum served on 6/20/2011, answer due 7/11/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)
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Aug. 9, 2011
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Aug. 9, 2011
PACER
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19
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Richard A. Brown served on 6/20/2011, answer due 7/11/2011. Service was accepted by Lois Raff. Document filed by Leroy Peoples. (cd)
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Aug. 9, 2011
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Aug. 9, 2011
PACER
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20
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Peter A. Crusco served on 6/20/2011, answer due 7/11/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)
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Aug. 9, 2011
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Aug. 9, 2011
PACER
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21
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MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. Responses due by 9/15/2011(Shaffer, Ryan)
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Aug. 15, 2011
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Aug. 15, 2011
RECAP
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22
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MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # (1) Appendix Lexis Nexis Cases, # (2) Appendix Lexis Nexis Cases)(Shaffer, Ryan)
1 Appendix Lexis Nexis Cases
View on PACER
2 Appendix Lexis Nexis Cases
View on PACER
|
Aug. 15, 2011
|
Aug. 15, 2011
RECAP
|
23
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DECLARATION of Ryan G. Shaffer in Support re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # (1) Exhibit Complaint Pt 1, # (2) Exhibit Complaint Pt 1)(Shaffer, Ryan)
1 Exhibit Complaint Pt 1
View on PACER
2 Exhibit Complaint Pt 1
View on PACER
|
Aug. 15, 2011
|
Aug. 15, 2011
PACER
|
24
|
NOTICE of pursuant to Local Civil Rule 12.1 re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Shaffer, Ryan)
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Aug. 15, 2011
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Aug. 15, 2011
PACER
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25
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Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from Leroy People received on August 10, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Leroy People mailed on August 18, 2011. (Attachments: # (1) Docket Sheet) (vn)
1 Docket Sheet
View on PACER
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Aug. 18, 2011
|
Aug. 18, 2011
PACER
|
26
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ORDER: The time for defendants Brian Fischer, Lucien LeClaire, Curtis Drown, Norman Bezio, David Rock, and Richard Ward to answer, move or otherwise respond to the Complaint is hereby extended until October 7, 2011. (Signed by Judge Shira A. Scheindlin on 8/25/2011) (laq)
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Aug. 25, 2011
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Aug. 25, 2011
PACER
|
|
Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Mr. Peoples mailed on 09/22/2011. (ad)
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Sept. 22, 2011
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Sept. 22, 2011
PACER
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27
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NOTICE OF APPEARANCE by Jeb Harben on behalf of Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, D. Rock, Ward (Harben, Jeb)
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Sept. 23, 2011
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Sept. 23, 2011
PACER
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28
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 9/22/2011 re: Counsel of defendants request that all DOCS defendants that have been served by October 23 be allowed to respond to the Complaint on or before December 2,2011. ENDORSEMENT: Request granted in part and denied in part. DOC defendants served by October 23 have until November 23 to respond to the complaint. No further extensions will be granted. So Ordered. Norman Bezio answer due 11/23/2011; Richard A. Brown answer due 11/23/2011; Peter A. Crusco answer due 11/23/2011; Drown answer due 11/23/2011; Brian Fischer answer due 11/23/2011; LJard answer due 11/23/2011; Lucien J. LeClaire, Jr answer due 11/23/2011; Office of Counsel answer due 11/23/2011; D. Rock answer due 11/23/2011; Eric C. Rosenbaum answer due 11/23/2011; Ward answer due 11/23/2011. (Signed by Judge Shira A. Scheindlin on 9/26/2011) (jfe)
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Sept. 26, 2011
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Sept. 26, 2011
PACER
|
29
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ORDER: The Clerk of the Court is directed to scan and docket the attached Affirmation in Opposition to Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and provide a hyperlink on the docket. The U.S. Marshals are directed to effect service of process on defendants Karen Bellamy, Malare, K O'Connor, William Lee, and Office of DOCS Counsel as expeditiously as possible. (copy forwarded to the Pro Se Office) (Signed by Judge Shira A. Scheindlin on 9/27/2011) (cd)
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Sept. 27, 2011
|
Sept. 27, 2011
PACER
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30
|
REPLY MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # (1) Appendix Lexis Nexis Cases)(Shaffer, Ryan)
1 Appendix Lexis Nexis Cases
View on PACER
|
Sept. 28, 2011
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Sept. 28, 2011
PACER
|
31
|
AFFIDAVIT OF SERVICE of Reply Memorandum of Law in Support of Motion to Dismiss served on Leroy Peoples on September 28, 2011. Service was made by MAIL. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Shaffer, Ryan)
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Sept. 28, 2011
|
Sept. 28, 2011
PACER
|
32
|
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 11/21/2011 re: Your Honor previously granted an extension of time to November 23, 2011 for the defendants served by October 23 to respond to the Complaint. Given that I have just completed a week-long trial before Judge Preska that I had hoped would be shorter and less pre-trial intensive, I must respectfully request more time to respond. ENDORSEMENT: Request granted. DOC defendants' time to respond to the Complaint is extended to November 30, 2011. No further extensions will be granted. Norman Bezio answer due 11/30/2011; Richard A. Brown answer due 11/30/2011; Peter A. Crusco answer due 11/30/2011; Drown answer due 11/30/2011; Brian Fischer answer due 11/30/2011; LJard answer due 11/30/2011; Lucien J. LeClaire, Jr answer due 11/30/2011; Office of Counsel answer due 11/30/2011; D. Rock answer due 11/30/2011; Eric C. Rosenbaum answer due 11/30/2011; Ward answer due 11/30/2011. (Signed by Judge Shira A. Scheindlin on 11/21/2011) (lmb)
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Nov. 21, 2011
|
Nov. 21, 2011
PACER
|
|
Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from Lerory Peoples received on November 18, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Lerory Peoples mailed on November 29, 2011. (vn)
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Nov. 29, 2011
|
Nov. 29, 2011
PACER
|
33
|
MOTION to Dismiss. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. Responses due by 1/2/2012 Return Date set for 1/16/2012 at 09:00 AM.(Harben, Jeb)
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Nov. 30, 2011
|
Nov. 30, 2011
RECAP
|
34
|
NOTICE of Local Rule 56.2 Notice re: [33] MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. (Harben, Jeb)
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Nov. 30, 2011
|
Nov. 30, 2011
PACER
|
35
|
MEMORANDUM OF LAW in Support re: [33] MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. (Harben, Jeb)
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Nov. 30, 2011
|
Nov. 30, 2011
RECAP
|
36
|
DECLARATION of Jeb Harben in Support re: [33] MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. (Attachments: # (1) Exhibit A, # (2) Exhibit B - I, # (3) Exhibit J)(Harben, Jeb)
1 Exhibit A
View on PACER
2 Exhibit B - I
View on PACER
3 Exhibit J
View on PACER
|
Nov. 30, 2011
|
Nov. 30, 2011
PACER
|
37
|
OPINION AND ORDER re:#101093 [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) filed by Peter A. Crusco, Richard A. Brown, Eric C. Rosenbaum. For the foregoing reasons, the Prosecutor Defendants' motion is granted as to all claims and they are hereby dismissed from this lawsuit. The Clerk of the Court is directed to close this motion (Docket No. 21). (Signed by Judge Shira A. Scheindlin on 12/1/2011) (lmb) Modified on 12/7/2011 (jab).
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Dec. 1, 2011
|
Dec. 1, 2011
RECAP
|
38
|
PRO SE MEMORANDUM dated 12/12/2011 re: CHANGE OF ADDRESS for Leroy Peoples. New Address: DIN# 05-A-2620, Attica Correctional Facility, P.O. Box 149, Attica, NY, 14011. (msa)
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Dec. 12, 2011
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Dec. 12, 2011
PACER
|
39
|
RESPONSE in Opposition to [33] MOTION to Dismiss. Document filed by Leroy Peoples. (ft)
|
Jan. 11, 2012
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Jan. 11, 2012
RECAP
|
|
Set/Reset Deadlines as to 33 MOTION to Dismiss.. Replies due by 1/27/2012. (jfe)
|
Jan. 18, 2012
|
Jan. 18, 2012
PACER
|
41
|
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 1/17/2012 re: Counsel respectfully request until 1/27/12 to respond plaintiff's opposition. ENDORSEMENT: The defendants' reply brief must be filed by January 27, 2012. (Signed by Judge Shira A. Scheindlin on 1/17/2012) (jfe)
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Jan. 18, 2012
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Jan. 18, 2012
PACER
|
42
|
REPLY MEMORANDUM OF LAW in Support re: [33] MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, LJard, Lucien J. LeClaire, Jr, William Lee, K O' Connor, Leroy Peoples. (Harben, Jeb)
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Jan. 27, 2012
|
Jan. 27, 2012
RECAP
|
43
|
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Malare. Attempted Service of Summons and Complaint,. Service was attempted on 9/18/11. Document filed by Leroy Peoples. (pl)
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Feb. 6, 2012
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Feb. 6, 2012
PACER
|
44
|
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. William Lee served on 9/15/2011, answer due 10/6/2011. Service was accepted by Michelle Coiodice- IRC II. Document filed by Leroy Peoples. (ab)
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Feb. 6, 2012
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Feb. 6, 2012
PACER
|
45
|
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. K O' Connor served on 9/15/2011, answer due 10/6/2011. Service was accepted by Michelle Coiodice- IRC II. Document filed by Leroy Peoples. (ab)
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Feb. 6, 2012
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Feb. 6, 2012
PACER
|
46
|
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Karen Bellamy served on 9/9/2011, answer due 9/30/2011. Service was accepted by Jeffrey A. Hale Asst. Director. Document filed by Leroy Peoples. (tro)
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Feb. 16, 2012
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Feb. 16, 2012
PACER
|
47
|
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Office of Counsel served on 9/9/2011, answer due 11/30/2011. Service was accepted by A. Edel Groski (title Asst counsel). Document filed by Leroy Peoples. (tro)
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Feb. 16, 2012
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Feb. 16, 2012
PACER
|
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Set/Reset Hearings: Status Conference set for 6/12/2012 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (jfe)
|
May 3, 2012
|
May 3, 2012
PACER
|
49
|
OPINION AND ORDER #101761 re: [33] MOTION to Dismiss. filed by D. Rock, Lucien J. LeClaire, Jr., William Lee, Norman Bezio, Karen Bellamy, Brian Fischer, K O' Connor, Ward. For the foregoing reasons, defendants' motion to dismiss is granted in part and denied in part. The Clerk of the Court is directed to close this motion [Docket No. 33]. A status conference has been scheduled for June 12, 2012, at 4:30 p.m. in Courtroom 15C. (Signed by Judge Shira A. Scheindlin on 5/2/2012) (jfe) Modified on 5/7/2012 (ft).
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May 3, 2012
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May 3, 2012
RECAP
|
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Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from Leroy Peoples received on May 4, 2012. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Leroy Peoples mailed on May 14, 2012. (vn)
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May 14, 2012
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May 14, 2012
PACER
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50
|
MOTION for Reconsideration re; [49] Memorandum & Opinion,, (Notice of). Document filed by Norman Bezio, D. Rock, Ward.(Harben, Jeb)
|
May 17, 2012
|
May 17, 2012
PACER
|
51
|
MEMORANDUM OF LAW in Support re: [50] MOTION for Reconsideration re; [49] Memorandum & Opinion,, (Notice of).. Document filed by Norman Bezio, D. Rock, Ward. (Attachments: # (1) Exhibit 1)(Harben, Jeb)
1 Exhibit 1
View on PACER
|
May 17, 2012
|
May 17, 2012
PACER
|
52
|
DECLARATION of Lereoy Peoples in Opposition re: [50] MOTION for Reconsideration re; [49] Memorandum & Opinion,, (Notice of). Document filed by Leroy Peoples. (cd)
|
June 1, 2012
|
June 1, 2012
PACER
|
|
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 6/13/2012. (Landers, Rigoberto)
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June 13, 2012
|
June 13, 2012
PACER
|
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Set/Reset Hearings: Status Conference set for 7/23/2012 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (djc)
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June 26, 2012
|
June 26, 2012
PACER
|
53
|
OPINION AND ORDER # 101992: For the foregoing reasons, defendants' motion for reconsideration is granted in part and denied in part. The Clerk of the Court is directed to close this motion [Docket No. 50]. Additionally, Peoples attached an Amended Complaint to his opposition papers, which this Court now accepts for filing. A status conference has been scheduled for July 23, 2012, at 4:30 p.m., in Courtroom l5C. (Signed by Judge Shira A. Scheindlin on 6/26/2012) (djc) (Main Document 53 replaced on 6/26/2012) (laq). Modified on 6/27/2012 (ft).
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June 26, 2012
|
June 26, 2012
RECAP
|
54
|
ORDER: The July 23, 2012 status conference has been adjourned and rescheduled to July 31, 2012 at 4:30 p.m. in Courtroom 15C of the United States Courthouse, 500 Pearl Street, New York, New York. The conference will cover the current status of the case. With the exception of pro se prisoners, you, or an attorney if an attorney is representing you, are directed to appear at that date and time. If any party, except a pro se prisoner, fails to appear at the conference or send an attorney, his or her action may be dismissed., ( Status Conference set for 7/31/2012 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 6/27/2012) (lmb)
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June 27, 2012
|
June 27, 2012
PACER
|
55
|
MOTION to Dismiss Amended Complaint. Document filed by Norman Bezio, D. Rock, Ward.(Harben, Jeb)
|
July 10, 2012
|
July 10, 2012
RECAP
|
56
|
NOTICE of Notice to Pro Se Litigant Local Rule 56.1 re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock, Ward. (Harben, Jeb)
|
July 10, 2012
|
July 10, 2012
PACER
|
57
|
MEMORANDUM OF LAW in Support re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock, Ward. (Harben, Jeb)
|
July 10, 2012
|
July 10, 2012
RECAP
|
58
|
DECLARATION of Jeb Harben in Support re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock, Ward. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Harben, Jeb)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
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July 10, 2012
|
July 10, 2012
PACER
|
59
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ORDER: On July 10, defendants filed a renewed motion to dismiss and a motion to transfer venue. The pro se office has informed me that counsel are interested in representing Leroy Peoples in this action and are currently in the process of communicating with him Peoples and/or any counsel whom he retains may have until August 20. Defendants' reply is due August 30. The status conference currently schedule for July 31 is adjourned until September 11 at 4:30 p.m. No stay of discovery is in place and I expect the parties to move forward with discovery over the coming months.Replies due by 8/30/2012. Status Conference set for 9/11/2012 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 7/13/2012) (ft)
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July 13, 2012
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July 13, 2012
PACER
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60
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REQUEST for Entry of Default. Document filed by Leroy Peoples.(lmb)
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July 20, 2012
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July 20, 2012
PACER
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61
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SUGGESTION OF DEATH upon the record as to Curtis Drown on 3/29/11. Document filed by Norman Bezio, D. Rock(Harben, Jeb)
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Aug. 14, 2012
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Aug. 14, 2012
PACER
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62
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ENDORSED LETTER addressed to Judge Richard J. Sullivan from Taylor Pendergrass dated 8/15/2012 re: Counsel respectfully request that the current response date be adjourned to permit time for counsel to confirm whether they will be representing Mr. Peoples and, if so, to then prepare papers in response to the Defendants' pending motion. Counsel would request the response date be adjourned to September 10, with Defendants' reply on September 20. ENDORSEMENT: Request granted. Peoples' opposition is due September 10 and defendant's reply is due September 20. Set Deadlines/Hearing as to [55] MOTION to Dismiss Amended Complaint. :( Responses due by 9/10/2012, Replies due by 9/20/2012.) (Signed by Judge Shira A. Scheindlin on 8/15/2012) (jfe)
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Aug. 15, 2012
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Aug. 15, 2012
PACER
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64
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NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Taylor Scott Pendergrass on behalf of Leroy Peoples (Pendergrass, Taylor)
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Aug. 22, 2012
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Aug. 22, 2012
PACER
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65
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NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Leroy Peoples (Dunn, Christopher)
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Aug. 23, 2012
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Aug. 23, 2012
PACER
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66
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 8/10/2012 re: counsel for defendant writes that for the reasons that are set forth in this letter, the motion requesting a default judgment against Mr. Drown should be denied. ENDORSEMENT: Plaintiffs' motion for default judgment against Curtis Drown is denied, as he died three months prior to the alleged service on his agent. The Clerk is directed to close this motion [Docket No. 60]. (Signed by Judge Shira A. Scheindlin on 8/23/2012) (pl)
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Aug. 23, 2012
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Aug. 23, 2012
PACER
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67
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MEMORANDUM OF LAW in Opposition re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Leroy Peoples. (Pendergrass, Taylor)
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Sept. 10, 2012
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Sept. 10, 2012
RECAP
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68
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Taylor Pendergrass, dated 9/10/2012, re: confirming the date for the next status conference in the above matter. See ECF Doc. 62. Plaintiff's opposition to the motion to dismiss is now due on September 10, 2012, and the Defendants' reply will be due on September 20. Plaintiff's counsel would be available to appear anytime the week of September 24 or thereafter. ENDORSEMENT: The September 11, 2012 status conference is adjourned and rescheduled to Friday, September 28, 2012 at 12:30 p.m. SO ORDERED. ( Status Conference set for 9/28/2012 at 12:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 9/10/2012) (ja)
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Sept. 10, 2012
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Sept. 10, 2012
PACER
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69
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REPLY AFFIRMATION of Jeb Harben in Support re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock. (Harben, Jeb)
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Sept. 20, 2012
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Sept. 20, 2012
PACER
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70
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REPLY MEMORANDUM OF LAW in Support re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock. (Harben, Jeb)
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Sept. 20, 2012
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Sept. 20, 2012
PACER
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71
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ENDORSED LETTER addressed to Judge Shira A. Sheindlin from Christopher Dunn dated 9/27/12 re: Counsel writes on behalf of former pro se plaintiff to request an adjournment of the status conference scheduled for tomorrow at 12:30. ENDORSEMENT: Request to adjourn the status conference is granted and rescheduled to October 12, 2012 at 5:00 p.m. So ordered. ( Status Conference set for 10/12/2012 at 05:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 9/27/2012) (mro)
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Sept. 27, 2012
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Sept. 27, 2012
PACER
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Pre-Motion Conference held on 10/5/2012. (ft)
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Oct. 5, 2012
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Oct. 5, 2012
PACER
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72
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REPLY MEMORANDUM OF LAW in Opposition re: [55] MOTION to Dismiss Amended Complaint. Plaintiff's Sur-Reply Brief in Opposition to Defendants' Motion to Transfer Venue. Document filed by Leroy Peoples. (Pendergrass, Taylor)
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Oct. 12, 2012
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Oct. 12, 2012
RECAP
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73
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Jeb Harben, dated 10/18/2012, re: Today plaintiff's counsel requested that my office facilitate an unmonitored telephone call between counsel and plaintiff at Attica Correctional Facility beginning at 1:00 p.m. on October 22, 2012 and ending no later than 3:00 p.m. that day. We request that you endorse this letter and So Order this legal conference call accordingly so that I may forward the endorsed letter to Attica and the call can be scheduled as soon as possible. ENDORSEMENT: The Attorney General is directed to facilitate an unmonitored call between Leroy Peoples and his counsel on October 22, 2012 between 1 p.m. and 3 p.m. So Ordered. (Signed by Judge Shira A. Scheindlin on 10/18/2012) (ja)
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Oct. 18, 2012
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Oct. 18, 2012
PACER
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/23/2012. (ft)
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Oct. 23, 2012
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Oct. 23, 2012
PACER
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Set/Reset Deadlines: ( Responses due by 12/17/2012, Replies due by 12/31/2012.), Set/Reset Hearings: (ama)
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Oct. 24, 2012
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Oct. 24, 2012
PACER
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74
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ORDER granting [55] Motion to Dismiss. To permit defendants an opportunity to move against the operative complaint, defendants' current motion to dismiss is hereby withdrawn, without prejudice, subject to reinstatement by December 3,2012. Plaintiff shall respond by December 17, 2012, and defendants' reply is due by December 31,2012. The Clerk of the Court is directed to close defendants' motion to dismiss (Docket Entry # 55). SO ORDERED.(Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama)
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Oct. 24, 2012
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Oct. 24, 2012
RECAP
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75
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MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM: Consent of Judge I authorize this student: William Swearinger (a) to appear in court or other proceedings on behalf of the above client, and (b)to prepare documents on behalf of the above client. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama) Modified on 10/24/2012 (ama).
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Oct. 24, 2012
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Oct. 24, 2012
PACER
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76
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MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM Consent of Judge I authorize this student: Kyle Valenti (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama)
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Oct. 24, 2012
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Oct. 24, 2012
PACER
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77
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ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. December would be best. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama)
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Oct. 24, 2012
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Oct. 24, 2012
PACER
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78
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SCHEDULING ORDER: Amended Pleadings due by 11/19/2012. Motions to Dismiss 12/3, 12/17, 12/31/2012. Discovery due by 4/19/2013. Final Pretrial Conference set for 4/15/2013 at 04:30 PM before Judge Shira A. Scheindlin. Pretrial Order due by 5/17/2013. Jury Trial. Parties anticipate that the trial will last 3 days. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (lb)
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Oct. 24, 2012
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Oct. 24, 2012
PACER
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79
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ORDER: Because of delays caused by Hurricane Sandy, I hereby grant plaintiff's request, on consent, for the deadline extensions listed in plaintiff s letter of November 14, 2012. Specifically, the briefing deadlines will now be as follows: 12/6/12 for the Second Amended Complaint; 12/20/12 for the Renewed Motion to Dismiss; 1/11/2013 for the Response to the Renewed Motion to Dismiss; and 1/25/13 for the Reply to the Renewed Motion to Dismiss. The discovery and pretrial deadlines will now be as follows: 12/21/12 for document requests; 11/21/13 for document responses; 3/18/13 for the deposition deadline; 4/15/13 for plaintiffs expert report; 5/16/13 for defendants' expert report; 6/3/13 for expert depositions; 6/3/13 for the discovery cut-off; 6/14/13 for the pretrial order to defendants; and 7/1/13 for the pretrial order to the Court. Finally, the previously scheduled pretrial conference will now be held June 11, 2013 at 4:30 p.m.( Amended Pleadings due by 12/6/2012. Deposition due by 6/3/2013. Discovery due by 6/3/2013, Motions due by 12/20/2012. Pretrial Order due by 7/1/2013. Responses due by 1/11/2013, Replies due by 1/25/2013.) ( Pretrial Conference set for 6/11/2013 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 11/18/2012) (djc)
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Nov. 19, 2012
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Nov. 19, 2012
PACER
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