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13-1192 - Jovany Henrius, et al. v. County of Nassau, et al.


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13-1192 - Jovany Henrius, et al. v. County of Nassau, et al.
May 20, 2013
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ber, with leave to reopen as set forth herein and (3) forward to the United States Marshal for the Eastern District of New York copies of the summonses, complaints, and this order for service upon all named defendants without prepayment of the filingthe purpose of any appeal. Ordered by Judge Sandra J. Feuerstein on 05/20/13. c/m by first class mail to plaintiffs. (Mahon, Cinthia) (Main Document 4 replaced on 5/30/2013) (Mahon, Cinthia).ORDER CONSOLIDATING ACTIONS: The plaintiffs' respective applications to proceed in forma pauperis are granted. The eleven (13cv1192, 13cv1316, 13cv1637, 13cv2349, 13cv2460, 13cv2600, 13cv2601, 13cv2604, 13cv2608, 13cv2610, and 13cv2627) actions are consolidated for all purposes, including trial, to proceed under docket number 13-cv-1192 ("the consolidated action"), with leave to move to sever the actions for the purpose of any trial on the issue of damages within ten (10) days following the close of discovery in this consolidated action. The Clerk of Court shall: (1) amend the caption of the lead case in accordance with this Order, (2) administratively close the actions assigned docket numbers other than the lead docket num fee. When any pro se action relating to the subject matter of this consolidated action or the Anderson case is hereafter filed in this Court, the Clerk of the Court shall: (1) assign such action a new case number ("newly-filed action") to proceed before the undersigned and Magistrate Judge William D. Wall; 1 (2) docket this order in each newly-filed action; (3) consolidate each newly-filed action with this consolidated action and make an appropriate entry on the consolidated action's docket so indicating; (4) mail a copy of this order to the plaintiff in the newly filed action and so indicate on the consolidated action's docket; and (5) administratively close each newly-filed action. Any party to a newly-filed action, i.e., the plaintiff filing the newly-filed action and any named defendant therein, may move to sever any claim raised in such newly-filed action that was not raised in the eleven ( 11) above-captioned actions or in the Anderson case within thirty (30) days after the Clerk of the Court mails the plaintiff filing the newly-filed action a copy of this order, or they will be deemed to have waived their right to seek severance, except as otherwise provided herein, i.e., for trial on the issue of damages. Any plaintiff of a newly-filed action with a severed claim may proceed with such claim after the resolution of this consolidated action by moving to have the newly-filed action reopened within thirty (30) days of the entry of judgment in this consolidated action, or the severed claim will be deemed voluntarily withdrawn. The United States Marshal Service shall serve the summonses and complaints, together with a copy of this order, upon defendants without prepayment of the filing fee. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this order upon all parties in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to each plaintiffs address of record pursuant to Rule 5(b)(2)( c). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3)that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for
October 1, 2013
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ORDER: SO ORDERED that the Court has reviewed the instant complaints and find that they relate to the subject matter of the Consolidated Action, Reid, et al. v. Nassau County Sheriff's Department. et al, 13-CV-1192 (SJF)(WDW). Accordingly, this action shall proceed in accordance with the Order of Consolidation, a copy of which is annexed hereto. The Court certifies pursuant to 28 U.S.C. § \9IS(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal See Coppedge v. United States, 369 U.S. 438,444-45, 82 S. Ct. 917,8 LEd. 2d 21 (1962). The Clerk of Court is directed to mail a copy of this Order and the Order of Consolidation to the prose plaintiffs at their last known addresses. CM to pro se plaintiffs on cases 13cv2828 and 13cv4247. Ordered by Judge Sandra J. Feuerstein on 10/1/2013. (Attachments: # (1) order of consolidation) (Florio, Lisa)
January 13, 2014
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ORDER: SO ORDERED that Daquan Wagner, Kevin Lee Benloss, Fernando Cazares and Guillermo Torres must each serve and file an affidavit on or before February 18, 2014 providing the Court with a new address and telephone number at which he can be contacted. THE ABOVE-REFERENCED PLAINTIFFS ARE ADVISED THAT A FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFF'S CLAIMS BEING DISMISSED IN THEIR ENTIRETY WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 41(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. The Clerk of the Court isdirected to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. The Court certifies pursuant to 28 U.S. C.§ 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Ordered by Judge Sandra J. Feuerstein on 1/13/2014. (Florio, Lisa)
April 9, 2014
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Order: SO ORDERED that although the January 13, 2014 Order advised Wagner, Benloss and Cazares that a failure to comply therewith would result in their respective claims being dismissed in their entirety with prejudice pursuant to Rules 37(b)(2)(a)(v) and 4l(b) of the Federal Rules of Civil Procedure, they have not complied with that Order, moved for an extension of time to comply with that Order or taken any other steps to prosecute their respective claims. Accordingly, the claims of Wagner, Benloss and Cazares in this consolidated action are dismissed in their entirety with prejudice. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. Party Daquan Wagner, Kevin Lee Benloss and Fernando Cazares terminated. Ordered by Judge Sandra J. Feuerstein on 4/9/2014. (Florio, Lisa)
August 20, 2014
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OPINION & ORDER granting in part and denying in part 36 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 39 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 96 Motion to Dismiss for Failure to State a Claim; granting 105 Motion to Compel. SO ORDERED that (1) the branches of the County defts' motions seeking dismissal of (a) all of Reid's Section 1983 claims, (b) the consolidated plaintiffs' Section 1983 claims (i) against Sposato in his official capacity and (ii) alleging deliberate indifference to their medical needs, (c) Cazares's Section 1983 excessive force claim, and (d) the consolidated plaintiffs' state law claims for failure to serve a notice of claim in accordance with New York General Municipal Law § 50-e are granted and those Section 1983 claims, and all state law claims of the consolidated plaintiffs, are dismissed in their entirety with prejudice pursuant to Rule 12(b )( 6) of the Federal Rules of Civil Procedure, and the County defts' motion is otherwise denied; and (2) the branch of Armor's motion seeking dismissal of the amended complaint against it for Jovany's, A. Torres's and G. Torres's failure to state a plausible Section 1983 claim of deliberate indifference to their medical needs is granted and the amended complaint is dismissed in its entirety with prejudice as against Armor pursuant to Rule 12(b )(6) of the Federal Rules of Civil Procedure for failure to state a claim for relief. Pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this order, as provided in Rule 5(b) of the Federal Rules of Civil Procedure, upon each party remaining in this action and record such service on the docket. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 8/20/2014. (Florio, Lisa)
April 6, 2015
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ORDER: SO ORDERED that Fernando Cazares, Guillermo Torres, Keith Crews, Triandos C. Walker, Marc Jasmin and Keith Kendrick must each serve and file an affidavit on or before May 11, 2015 providing the Court with a new address and telephone number at which he can be contacted. THE ABOVE-REFERENCED PLAINTIFFS ARE ADVISED THAT A FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFFS CLAIMS BEING DISMISSED IN THEIR ENTIRETY WITH PREJUDICE PURSUANT TO RULE 41(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 4/6/2015. (Florio, Lisa)
May 19, 2015
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Order Dismissing Parties: SO ORDERED that the claims of Fernando Cazares, Guillermo Torres, Keith Crews, Triandos C. Walker, Marc Jasmin and Keith Kendrick in this consolidated action are dismissed in their entirety with prejudice pursuant to Rule 4l(b) of the Federal Rules of Civil Procedure. Pursuant to Rule 77(d)(1) of the Federal Ru1es of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. The Court certifies pursuant to 28 U.S. C.§ 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Party Marc Jasmin, Keith Kendrick, Guillermo Torres, Triandos C. Walker, Fernando Cazares and Keith Crews terminated. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 5/19/2015. (Florio, Lisa)
September 16, 2015
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OPINION and ORDER granting in part and denying in part 183 Motion to Dismiss for Failure to State a Claim; granting 187 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 217 Motion to Dismiss for Failure to State a Claim; For the reasons set forth above, (1) the Armor/Miller defendants motion seeking dismissal of Tedescos Section 1983 claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and the PLRA is granted to the extent that (a) with the exception of Tedescos claim that Dr. Kay-Njemanzi deprived him of a bland diet food tray, his Section 1983 claims against the Armor/Miller defendants are dismissed in their entirety with prejudice for failure to state a claim for relief, and (b) with the exception of Tedescos claim regarding Dr. Kay-Njemanzis treatment of him on or about July 26, 2011, his Section 1983 claims against the Armor/Miller defendants are dismissed in their entirety with prejudice for his failure to exhaust administrative remedies, and the Armor/Miller defendants motion is otherwise denied; (2) the Medical/Dental defendants motion seeking dismissal of Young Section 1983 claims against them pursuant to Rule 12(b)(6) and the PLRA is granted and Youngs Section 1983 claims against the Medical/Dental defendants are dismissed in their entirety with prejudice for failure to exhaust administrative remedies and to state a claim for relief; and (3) the branch of the Armor/Sanchez defendants motion seeking dismissal of Marones Section 1983 claims against them pursuant to Rule 12(b)(6) is granted and Marones Section 1983 claims against the Armor/Sanchez defendants are dismissed in their entirety with prejudice for failure to state a claim for relief, and the motion is otherwise denied. There being no just reason for delay, the Clerk of the Court shall enter judgment (1) in favor of the Armor/Miller defendants on Tedescos claims against them; (2) in favor of the Medical/Dental defendants on Youngs claims against them; and (3) in favor of the Armor/Sanchez defendants on Marones claims against them, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all current parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed.2d 21 (1962). SO ORDERED by Judge Sandra J. Feuerstein on 9/16/15. c/m to pro se plaintiffs. (Coleman, Laurie)
March 24, 2016
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OPINION & ORDER: SO ORDERED that Annuccis motion seeking dismissal of Tedescos claims against him pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted to the extent that Tedescos claim for prospective injunctive relief is dismissed in its entirety with prejudice as moot; Tedescos remaining claims against Annucci in his official capacity are dismissed in their entirety with prejudice as barred by the Eleventh Amendment; and Tedescos claims against Annucci in his individual capacity are dismissed in their entirety with prejudice for failure to state a claim for relief. There being no just reason for delay, the Clerk of the Court shall enter judgment in favor of Annucci on Tedescos claims against him pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all current parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to all current pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 3/24/2016. (Florio, Lisa)
March 24, 2016
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OPINION & ORDER: SO ORDERED that the branch of the County defts motion seeking dismissal of Espinals claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and the PLRA for failure to exhaust administrative remedies is granted and Espinals claims against the County defendants are dismissed in their entirety with prejudice for failure to exhaust administrative remedies. The Clerk of the Court shall sever Espinals claims from this consolidated action and re-open the case under docket number 13-cv-5653 for the purpose of entering judgment in favor of the County defts. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to all current pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 3/24/2016. (Florio, Lisa)
March 31, 2016
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OPINION & ORDER: SO ORDERED that the County defts motion seeking dismissal of Tedescos, Youngs, Fenelons, Marones and Mayos claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and the PLRA is granted to the extent that, (1) with the exception of Tedescos claims against C.O. Hayman, Tedescos claims against the County defts are dismissed in their entirety with prejudice for failure to exhaust administrative remedies; (2) Tedescos Section 1983 claims against C.O. Hayman are dismissed in their entirety with prejudice for failure to state a claim for relief; (3) Youngs and Mayos claims against the County defts are dismissed in their entirety with prejudice for failure to exhaust administrative remedies; (4) Fenelons claims against the County defts are dismissed in their entirety with prejudice for failure to state a claim for relief; and (5) Marones claims against the County defts are dismissed in their entirety with prejudice for failure to exhaust administrative remedies and failure to state a claim for relief, and the motion is otherwise denied. There being no just reason for delay, the Clerk of the Court shall enter judgment in favor of the County defts on Tedescos claims against them pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. The Clerk of the Court shall: (1) sever Tedescos remaining claims against the NUMC defendants from this consolidated action and re-open the case under docket number 14-cv-1054 for the purpose of proceeding with Tedescos claims against the NUMC defts; and (2) sever Youngs, Fenelons, Marones and Mayos claims from this consolidated action and re-open those cases under docket numbers 14-cv-1675, 14-cv-1143, 14-cv-3786 and 14-cv-3861, respectively, for the purpose of entering judgment in favor of the County defts. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all current parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to all current pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 3/31/2016. (Florio, Lisa)
May 10, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth herein, so much of Magistrate Judge Locke's Report as recommends that defendants' motion for judgment on the pleadings as to Williams, and the County's and Sposato's motion to dismiss the claims of McClendon, be granted without prejudice and with leave to re-plead to the extent set forth therein is accepted in its entirety and, for the reasons set forth therein, defendants' motion for judgment on the pleadings as to Williams, and the County's ans Sposato's motion to dismiss the claims of McClen, are granted and Williams's and McClendon's claims in their original complaints are dismissed in their entirety without prejudice and with leave to re-plead in accordance with the Report. McClendon must file an amended complaint in accordance with the Report by no later than 6/11/2018, or he will be deemed to have waived his right to file an amended complaint and his claims in this consolidated action will be dismissed in their entirety with prejudice. Accordingly, the pretrial conference scheduled to be held before the undersigned on 5/14/2018 is adjourned to 7/19/2018 at 11:15AM in Courtroom 1010 at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all remaining parties to the consolidated action, including Williams and McClendon, in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. SO Ordered by Judge Sandra J. Feuerstein on 5/10/2018. (Tirado, Chelsea)