Case: Ramsay-Nobles v. Keyser

Ramsay−Nobles v. Keyser

Tom Robbins

Tom Robbins

COMPLAINT against Edward Burnett, William Keyser, Senior Sullivan Officers, Sullivan Correction Officers, Shane Topel, Bruce Tucker, Steven Witte. (Filing Fee $ 400.00, Receipt Number 0208-12557341)Document filed by Julia Ramsay-Nobles.(Gelernter, Eugene) (Entered: 07/20/2016)

CIVIL COVER SHEET filed. (Gelernter, Eugene) (Entered: 07/20/2016)

REQUEST FOR ISSUANCE OF SUMMONS as to William Keyser, re: 1 Complaint,. Document filed by Julia Ramsay-Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)

REQUEST FOR ISSUANCE OF SUMMONS as to Edward Burnett, re: 1 Complaint,. Document filed by Julia Ramsay-Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)

REQUEST FOR ISSUANCE OF SUMMONS as to Shane Topel, re: 1 Complaint,. Document filed by Julia Ramsay-Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)

REQUEST FOR ISSUANCE OF SUMMONS as to Bruce Tucker, re: 1 Complaint,. Document filed by Julia Ramsay-Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)

REQUEST FOR ISSUANCE OF SUMMONS as to Steven Witte, re: 1 Complaint,. Document filed by Julia Ramsay-Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eugene Martin Gelernter to RE-FILE re: Document No. 1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Plaintiff has to be added again, in the party text insert as Administratrix of the Estate of Karl Taylor, Deceased. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dgo)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (dgo)

Magistrate Judge Barbara C. Moses is so designated. (dgo)

Case Designated ECF. (dgo)

ELECTRONIC SUMMONS ISSUED as to William Keyser. (dgo) (Entered: 07/21/2016)

ELECTRONIC SUMMONS ISSUED as to Edward Burnett. (dgo) (Entered: 07/21/2016)

ELECTRONIC SUMMONS ISSUED as to Shane Topel. (dgo) (Entered: 07/21/2016)

ELECTRONIC SUMMONS ISSUED as to Bruce Tucker. (dgo) (Entered: 07/21/2016)

ELECTRONIC SUMMONS ISSUED as to Steven Witte. (dgo) (Entered: 07/21/2016)

ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Julia Ramsay-Nobles, Julia Ramsay-Nobles added. Party added pursuant to 1 Complaint,. Document filed by Julia Ramsay-Nobles, Julia Ramsay-Nobles. Related document: 1 Complaint, filed by Julia Ramsay-Nobles.(Gelernter, Eugene)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Eugene Martin Gelernter on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay-Nobles(Individually ) (Gelernter, Eugene) (Entered: 07/21/2016)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Adeel Abdullah Mangi on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay-Nobles(Individually ) (Mangi, Adeel) (Entered: 07/21/2016)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Daniel Eisenberg on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay-Nobles(Individually ) (Eisenberg, Daniel) (Entered: 07/21/2016)

ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/12/2016 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/2/2016) (kgo) (Entered: 08/02/2016)

LETTER MOTION to Adjourn Conference addressed to Judge Colleen McMahon from Adeel A. Mangi dated August 4, 2016. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 08/04/2016)

ORDER granting 17 Letter Motion to Adjourn Conference. Rescheduled to September 23, 2016 @ 11:15 am. Initial Conference set for 9/23/2016 at 11:15 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/4/2016) (kgo) (Entered: 08/05/2016)

NOTICE OF APPEARANCE by Rebecca Ann Durden on behalf of Edward Burnett, William Keyser, Shane Topel. (Durden, Rebecca) (Entered: 09/01/2016)

LETTER MOTION for Extension of Time on behalf of Superintendent Keyser to respond to the complaint addressed to Judge Colleen McMahon from Rebecca Ann Durden dated September 1, 2016. Document filed by Edward Burnett, William Keyser, Shane Topel.(Durden, Rebecca) (Entered: 09/01/2016)

ORDER granting 20 Letter Motion for Extension of Time. OK - response due October 31, 2016. (Signed by Judge Colleen McMahon on 9/12/2016) (kgo) (Entered: 09/12/2016)

Set/Reset Deadlines: Edward Burnett answer due 10/31/2016; William Keyser answer due 10/31/2016; Shane Topel answer due 10/31/2016. (kgo)

WAIVER OF SERVICE RETURNED EXECUTED. Edward Burnett waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Edward Burnett. (Durden, Rebecca) (Entered: 09/20/2016)

WAIVER OF SERVICE RETURNED EXECUTED. Shane Topel waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Shane Topel. (Durden, Rebecca) (Entered: 09/20/2016)

WAIVER OF SERVICE RETURNED EXECUTED. Steven Witte waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Steven Witte. (Durden, Rebecca) (Entered: 09/20/2016)

WAIVER OF SERVICE RETURNED EXECUTED. Bruce Tucker waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Bruce Tucker. (Durden, Rebecca) (Entered: 09/20/2016)

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay-Nobles(Individually ).(Gelernter, Eugene) (Entered: 09/20/2016)

CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Discovery due by 11/11/2016. Amended Pleadings due by 3/10/2017. Joinder of Parties due by 3/10/2017. Deposition due by 12/2/2016. Expert Discovery due by 10/27/2017. In fact, this schedule is so generous that it will NOT be extended. So do not waste your time - you have 13 months to do discovery - get moving! (Signed by Judge Colleen McMahon on 9/21/2016) (cla) (Entered: 09/21/2016)

MEMO ENDORSEMENT on re: 26 Rule 26(f) Discovery Plan Report filed by Julia Ramsay-Nobles. ENDORSEMENT: Conference on 9/23/16 is cancelled. (Signed by Judge Colleen McMahon on 9/21/2016) (cla) (Entered: 09/21/2016)

NOTICE OF APPEARANCE by Kristen Rose Vogel on behalf of Edward Burnett, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Vogel, Kristen) (Entered: 10/25/2016)

ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Edward Burnett, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 10/31/2016)

STIPULATED ORDER GOVERNING ELECTRONIC DISCOVERY: Prior to the scheduled Rule 16 conference date, the parties shall exchange the following information (as further set out in the order). (Signed by Judge Colleen McMahon on 11/1/2016) (cla) (Entered: 11/03/2016)

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 11/7/2016) (kgo) (Entered: 11/09/2016)

LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated December 8, 2016 re: the proposed release of third-party responsive documents to the Parties. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Subpoena to Commission, # 2 Text of Proposed Order)(Mangi, Adeel) (Entered: 12/08/2016)

1 Exhibit 1, Subpoena to Commission

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2 Text of Proposed Order

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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 Barbara C. Moses. (Signed by Judge Colleen McMahon on 12/12/2016) (kgo) (Entered: 12/12/2016)

MEMO ENDORSEMENT on re: 33 Letter, filed by Julia Ramsay-Nobles. ENDORSEMENT: Telephone Conference is scheduled for tomorrow 12/13/16 @ 2:30 pm. Plaintiff's counsel to initiate call to Chambers with opposing counsel on the phone. ( Telephone Conference set for 12/13/2016 at 02:30 PM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 12/12/2016) (kgo) (Entered: 12/12/2016)

Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 12/13/2016. Decision: Conference held. The Court will enter the unopposed Proposed Order.Submitted By: Jeremy R. Girton. (mde)

ORDER REGARDING DISCLOSURE OF DOCUMENTS FROM THE NEW YORK STATE COMMISSION OF CORRECTION: IT IS HEREBY ORDERED, pursuant to N.Y. Mental Hygiene Law ยง 33.13(c)(1), that: 1. The New York State Commission of Correction's disclosure of documents responsive to Plaintiff's subpoena, dated November 15, 2016 and attached as Exhibit 1 to this Order, is in the interest of justice and significantly outweighs the need for confidentiality. 2. The New York State Commission of Correction should disclose these documents to the Parties under the Stipulation of Confidentiality and Protective Order (Dkt. No. 32) with a confidentiality designation of "Highly Confidential - Attorneys' Eyes Only." (Signed by Judge Colleen McMahon on 12/13/2016) (kgo) (Entered: 12/13/2016)

ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions,and settlement, pursuant to 28 U.S.C. ยง 636(b)(1)(A). All discovery must be initiated in time to be concluded by the close of discovery set by the Court. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/14/2016) (ama) (Entered: 12/15/2016)

LETTER MOTION for Discovery addressed to Magistrate Judge Barbara C. Moses from Adeel Mangi dated February 10, 2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 02/10/2017)

ORDER REGARDING DISCLOSURE OF DOCUMENTS FROM THE DIVISION OF STATE POLICE granting 38 Letter Motion for Discovery. IT IS HEREBY ORDERED that the State Police shall produce all documents responsive to Plaintiff's subpoena to the State Police which was dated November 11, 2016 and is attached as Exhibit 1 to this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 2/13/2017) (cf) (Entered: 02/13/2017)

LETTER MOTION for Discovery addressed to Magistrate Judge Barbara C. Moses from Adeel Mangi dated February 27, 2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 02/27/2017)

ORDER REGARDING DISCLOSURE OF DOCUMENTS FROM THE SULLIVAN COUNTY DISTRICT ATTORNEY granting 40 Letter Motion for Discovery. IT IS HEREBY ORDERED that the Sullivan County District Attorney shall unseal and produce all documents responsive to Plaintiff's subpoena to the Sullivan County District Attorney that was dated December 21, 2016 and is attached as Exhibit 1 to this Order, excluding Grand Jury minutes, which are the subject of ongoing discussions between the Parties. (Signed by Magistrate Judge Barbara C. Moses on 2/28/2017) (cla) (Entered: 03/01/2017)

STIPULATION EXTENDING TIME TO AMEND PLEADINGS OR JOIN PARTIES: IT IS HEREBY stipulated by the Parties, subject to the approval of the Court, that the deadline to amend pleadings or join additional parties is extended from March 10, 2017 to April 19, 2017. (As further set forth in this Order.) (Amended Pleadings due by 4/19/2017., Joinder of Parties due by 4/19/2017.) (Signed by Magistrate Judge Barbara C. Moses on 3/7/2017) (cf) (Entered: 03/08/2017)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by David Robert Allen on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased) (Allen, David) (Entered: 04/14/2017)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Courtney Elizabeth Finerty on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased) (Finerty, Courtney) (Entered: 04/14/2017)

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending 1 Complaint, against Edward Burnett, William Keyser, Senior Sullivan Officers, Sullivan Correction Officers, Shane Topel, Bruce Tucker, Steven Witte, John Frunzi, Sin Ho Lee with JURY DEMAND.Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Related document: 1 Complaint, filed by Julia Ramsay-Nobles. (Attachments: # 1 Exhibit Certificate of Merit)(Gelernter, Eugene) Modified on 4/20/2017 (pc). (Entered: 04/19/2017)

1 Exhibit Certificate of Merit

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REQUEST FOR ISSUANCE OF SUMMONS as to John Frunzi, re: 45 Amended Complaint,. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/19/2017)

REQUEST FOR ISSUANCE OF SUMMONS as to Sin Ho Lee, re: 45 Amended Complaint,. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/19/2017)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eugene Martin Gelernter to RE-FILE re: Document No. 45 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Add Senior Sullivan Officers 1-19 to CM ECF. The amended complaint was filed incorrectly on the due date. Permission from Chambers will need to be acquired in order for the correctly filed amended complaint to be accepted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)

LETTER MOTION for Leave to File First Amended Complaint /Re-file First Amended Complaint [Document No. 45] and amend caption to "Senior Sullivan Officers 1-19" addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated April 20, 2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 04/20/2017)

LETTER MOTION to Stay addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 21, 2017. Document filed by Edward Burnett, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Attachments: # 1 Appendix Revised Case Management Plan)(Durden, Rebecca) (Entered: 04/21/2017)

1 Appendix Revised Case Management Plan

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ORDER granting 49 Letter Motion to Stay. OK. (Case Stayed.) (Signed by Judge Colleen McMahon on 4/24/2017) (kgo) (Entered: 04/24/2017)

REVISED CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Deposition due by 12/2/2017. Expert Discovery due by 12/26/2017. Discovery due by 12/26/2017. Pretrial Order due by 2/13/2017. (Signed by Judge Colleen McMahon on 4/24/2017) (kgo) (Entered: 04/24/2017)

ORDER granting 48 Letter Motion for Leave to File Document. Application GRANTED. The Clerk of the Court is respectfully directed to accept the First Amended Complaint for refiling. (Signed by Magistrate Judge Barbara C. Moses on 4/24/2017) (cf) (Entered: 04/24/2017)

AMENDED COMPLAINT amending 1 Complaint, against Edward Burnett, John Frunzi, William Keyser, Sin Ho Lee, Sullivan Correction Officers, Shane Topel, Bruce Tucker, Steven Witte, SENIOR SULLIVAN OFFICERS 1-19 with JURY DEMAND.Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Related document: 1 Complaint, filed by Julia Ramsay-Nobles.(Gelernter, Eugene) (Entered: 04/25/2017)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eugene Martin Gelernter. The party information for the following party/parties has been modified: SENIOR SULLIVAN OFFICERS 1-19. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (pc)

ELECTRONIC SUMMONS ISSUED as to Sin Ho Lee. (pc) (Entered: 05/02/2017)

ELECTRONIC SUMMONS ISSUED as to John Frunzi. (pc) (Entered: 05/02/2017)

SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. John Frunzi served on 5/4/2017, answer due 5/25/2017. Service was accepted by John R. Frunzi. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 05/11/2017)

LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Rebecca Ann Durden dated July 12, 2017. Document filed by Sin Ho Lee.(Durden, Rebecca) (Entered: 07/12/2017)

ANSWER to 53 Amended Complaint, with JURY DEMAND. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 07/12/2017)

ORDER granting 57 Letter Motion for Extension of Time to Answer re 1 Complaint. Ok. (Sin Ho Lee answer due 9/14/2017.) (Signed by Judge Colleen McMahon on 7/12/17) (yv) (Entered: 07/13/2017)

NOTICE OF APPEARANCE by Helene Rachel Hechtkopf on behalf of Sin Ho Lee. (Hechtkopf, Helene) (Entered: 08/25/2017)

ANSWER to 53 Amended Complaint, with JURY DEMAND. Document filed by Sin Ho Lee.(Hechtkopf, Helene) (Entered: 09/14/2017)

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Appendix A [Proposed] Second Amended Civil Case Management Plan)(Gelernter, Eugene) (Entered: 09/18/2017)

1 Appendix A [Proposed] Second Amended Civil Case Management Plan

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AMENDED JOINT SCHEDULING ORDER: The parties recommend that the deadline for joinder of additional parties and any amendments to the pleadings remain as March 10, 2017. The parties have also agreed upon a Second Amended Case Management Order, which is attached at Appendix A. The parties agree that all discovery, including expert discovery, will be completed on or before March 26, 2018. The parties cannot prevent the court from referring this matter to a Magistrate Judge for any purpose for which consent is not required and the court construes this paragraph simply as a referral to consent to trial before a Magistrate Judge. So ordered as modified, and as further set forth in this order. Motions due by 5/7/2018. Expert Discovery due by 3/26/2018. Discovery due by 3/26/2018. Pretrial Order due by 6/6/2018. Ready for Trial by 6/6/2018. (Signed by Judge Colleen McMahon on 9/20/2017) (ap) (Entered: 09/20/2017)

NOTICE OF APPEARANCE by Steven Mark Silverberg on behalf of Sin Ho Lee. (Silverberg, Steven) (Entered: 09/28/2017)

LETTER MOTION for Discovery Re: Protective Order addressed to Judge Colleen McMahon from Rebecca Ann Durden dated October 16, 2017. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 10/16/2017)

ORDER denying 65 Letter Motion for Discovery. There is no need to modify the order, because plaintiff's interpretation is simply WRONG. I will NOT allow the identities of witnesses to remain secret. I am opposed to filings under seal generally. (Signed by Judge Colleen McMahon on 10/17/2017) (kgo) (Entered: 10/17/2017)

CONSENT LETTER MOTION for Discovery /Leave to Take Depositions addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated October 24, 2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 10/24/2017)

FED. R. CIV. P 30(a)(2)(B) ORDER TO DEPOSE PERSON CONFINED TO PRISON granting 67 Letter Motion for Discovery. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that Plaintiff in the above-captioned action is granted leave to take the deposition by oral examination of non-party Silburn Spence, DIN # 13A4248, commencing on a date that is mutually agreeable for the parties and the Department of Corrections and Community Supervision, at Fishkill Correctional Facility. (Signed by Magistrate Judge Barbara C. Moses on 10/25/2017) (ras) (Entered: 10/25/2017)

ORDER: The Court has received and reviewed plaintiffs October 24, 2017 consent letter-motion requesting leave to depose six non-party prison inmates. (Dkt. No. 67.) Plaintiff's application is hereby GRANTED. The Court will conduct a status conference on December 5, 2017, at 10:00 a.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. No later than one week prior to that date, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically.( Status Conference set for 12/5/2017 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/25/2017) (rj) (Entered: 10/26/2017)

LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated November 21, 2017. Document filed by Julia Ramsay-Nobles(Individually ). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Gelernter, Eugene) (Entered: 11/21/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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NOTICE OF APPEARANCE by Joseph Robert Richie on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Richie, Joseph) (Entered: 11/22/2017)

JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated November 27, 2017 re: status regarding progress of discovery and any settlement efforts pursuant to the Court's October 25, 2017 Order. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 11/27/2017)

MEMO ENDORSEMENT on re: 72 Letter, filed by Julia Ramsay-Nobles. ENDORSEMENT: The parties' application to hold the December 5, 2017 status conference telephonically is hereby GRANTED. Counsel are directed to call (212) 805-0228, with all attorneys on one line, on December 5 at 10:00 a.m. ( Telephone Conference set for 12/5/2017 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/29/2017) (mro) (Entered: 11/29/2017)

ORDER SCHEDULING CONFERENCE: The Court has received and reviewed plaintiff's November 21, 2017 letter-motion (Dkt. No. 70) requesting a conference regarding a discovery dispute related to a subpoena duces tecum that plaintiff served on non-party New York State Office of Mental Health (OMH). Although OMH's counsel was copied on plaintiff's application, OMH has not yet filed a response, which was due November 27, 2017 per the Court's Individual Practices. If OMH wishes to file a response, it must do so no later than Tuesday, December 5, 2017. Plaintiff shall file any reply no later than Thursday, December 7, 2017. The Court will hold a conference regarding the OMH dispute on Friday, December 8, 2017, at 9:30 a.m., in Courtroom 20A. If any party or OMH has an unavoidable scheduling conflict, counsel for that party (or non-party) must promptly telephone Judge Moses's courtroom deputy with two proposed alternative dates, acceptable to all counsel, for a morning discovery conference. ( Responses due by 12/5/2017, Replies due by 12/7/2017., Status Conference set for 12/8/2017 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/29/2017) (mro) (Main Document 74 replaced on 12/1/2017) (cf). Modified on 12/1/2017 (cf). (Entered: 11/29/2017)

MOTION for Courtney E. Finerty-Stelzner to Withdraw as Attorney . Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Finerty, Courtney) (Entered: 11/30/2017)

ORDER: At the request of the parties and non-party New York State Office of Mental Health (OMH), the discovery hearing previously scheduled for December 8, 2017 is hereby adjourned to December 14, 2017, at 11:00 a.m. Plaintiff is directed to promptly serve this Order on OMH. (Status Conference set for 12/14/2017 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/1/2017) (cf) (Entered: 12/01/2017)

LETTER addressed to Magistrate Judge Barbara C. Moses from Margaret Drake dated 12/1/2017 re: In response to the letter from plaintiff's attorney dated November 21, 2017, concerning a discovery dispute related to a subpoena duces tecum served on the New York State Office of Mental Health (OMH) on January 18, 2017. (cf) (Entered: 12/01/2017)

Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 12/5/2017. (Snell, Kevin)

LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 6, 2017 re: 70 LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated November 21, 2017. . Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 12/06/2017)

AMENDED STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/7/2017) (cf) (Entered: 12/07/2017)

LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 12/08/2017)

LETTER addressed to Magistrate Judge Barbara C. Moses from Margaret C. Drake dated 12/11/2017 re: Attendance at the December 14th conference. (cf) (Entered: 12/11/2017)

LETTER MOTION for Extension of Time to File Response/Reply as to 80 LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. addressed to Magistrate Judge Barbara C. Moses from Rebecca Ann Durden dated December 11, 2017. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 12/11/2017)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated 12/12/2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Text of Proposed Order Granting Leave to Depose Person Confined to Prison)(Mangi, Adeel) Modified on 1/12/2018 (ldi). (Entered: 12/12/2017)

1 Text of Proposed Order Granting Leave to Depose Person Confined to Prison

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ORDER denying as moot 70 Letter Motion for Conference. (Dkt. No. 70) is DENIED as moot. OMH is excused from attending the hearing scheduled for December 14, 2017. Instead, at the hearing, the Court will address the issues raised in plaintiff's December 8, 2017 letter-motion (Dkt. No. 80). Defendants shall respond to plaintiff's letter-motion no later than December 13, 2017. Plaintiff need not file a reply. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 12/11/2017) (cf) (Entered: 12/12/2017)

Set/Reset Deadlines: Responses due by 12/13/2017 (cf)

ORDER granting in part and denying in part 82 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED to the extent that defendants may file their response no later than December 13, 2017. Responses due by 12/13/2017 (Signed by Magistrate Judge Barbara C. Moses on 12/12/2017) (cf) (Entered: 12/12/2017)

FED. R. CIV. P 30(a)(2)(B) ORDER TO DEPOSE PERSON CONFINED TO PRISON granting 83 Letter Motion for Discovery. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that Plaintiff in the above-captioned action is granted leave to take the deposition by oral examination of non-party Raymond Bird, NYSID #06181689P, commencing on a date that is mutually agreeable for the parties and the Department of Corrections and Community Supervision, at Rikers Island. Nothing in this order modifies the current limits on the aggregate number or timing of depositions. (Signed by Magistrate Judge Barbara C. Moses on 12/13/2017) (cf) (Entered: 12/13/2017)

LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Helene R. Hechtkopf dated December 13, 2017 re: 80 LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. . Document filed by Sin Ho Lee. (Attachments: # 1 Exhibit Email from Daniel Eisenberg to counsel regarding deposition schedule)(Hechtkopf, Helene) (Entered: 12/13/2017)

1 Exhibit Email from Daniel Eisenberg to counsel regarding deposition schedule

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LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Rebecca Ann Durden dated December 13, 2017 re: 80 LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. . Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Durden, Rebecca) (Entered: 12/13/2017)

LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Rebecca Ann Durden dated December 13, 2017 re: 80 LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. Supplemental Letter re: Notices of Depositions. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Durden, Rebecca) (Entered: 12/13/2017)