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14-1028 - Pierce et al v. Demmon et al


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14-1028 - Pierce et al v. Demmon et al
November 12, 2015
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ORDER: ORDERED that plaintiffs' motion for leave to amend and to join parties (Dkt. No. 70) is GRANTED. ORDERED, that on or before November 20, 2015, plaintiffs shall file an amended complaint in Civil Action No. 9:14-CV-1028 (GTS/DEP) in the form of that accompanying their motion. ORDERED, that the clerk shall issue summonses for the newly added defendants, and plaintiffs shall promptly make arrangements for service upon those defendants or acceptance of service by the Office of the New York State Attorney General. ORDERED, that Civil Action No. 9:14-CV-1028 (GTS/DEP) is hereby severed from the remaining three actions set forth above and will proceed separately, inasmuch as it involves an incident separate and distinct from that at issue in the remaining cases. ORDERED, that defendants' application to consolidate Civil Action No. 9:15-CV-1233 (GTS/DEP) with the remaining cases involving the February 7, 2013 incident (Dkt. No. 84) is GRANTED, except that, as discussed above, Civil Action No. 9:14-CV-1028 (GTS/DEP) is severed from the consolidated matters. ORDERED, that Civil Action No. 9:14-CV-1456 (GTS/DEP) is now designated as the lead case, and all filings in that case, Civil Action 9:15-CV-0403 (GTS/DEP), and Civil Action No. 9:15-CV-1233 (GTS/DEP) shall be made in that lead case. ORDERED, that plaintiffs' motion to compel discovery and compliance with the DOCCS subpoena (Dkt. No. 64) is GRANTED, in part. ORDERED, that defendants and the DOCCS are hereby directed to conduct a search of all available DOCCS grievances alleging staff misconduct filed by inmates at the Bare Hill Correctional Facility from January 1, 2005 to the date of production, and to produce to plaintiffs' counsel, within twenty-one days, a list of any such grievances that relate to frostbite or exposure of inmates to cold. ORDERED, that with the exception of the foregoing, plaintiffs' motion to compel compliance with the subpoena at issue (Dkt. No. 64) is DENIED as moot. ORDERED, that no costs or attorney's fees are awarded to any party in connection with the pending motions. ORDERED, that the deadlines for completion of discovery and the filing of motions in Civil Action No. 9:14-CV-1028 are hereby extended to May 2, 2016 and July 1, 2016, respectively. The deadlines for completion of discovery and the filing of motions in the remaining three, consolidated cases are hereby extended to April 1, 2016 and June 1, 2016, respectively. These deadlines are firm and will not be extended further absent compelling and unforeseen circumstances. ORDERED, that the clerk is respectfully directed to file this order in all four of the above-captioned cases. Signed by Magistrate Judge David E. Peebles on 11/12/15. (alh, )
April 1, 2016
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ORDER: ORDERED, that defendants' motion for sanctions (Dkt. No. 91) is GRANTED. ORDERED, that plaintiff Gilbert Martin is hereby directed to pay to the office of the New York State Attorney General the sum of $250.00, based upon his refusal to be transported for a scheduled examination pursuant to Rule 35 of the Federal Rules of Civil Procedure. ORDERED, that no costs or attorney's fees are awarded to any party in connection with defendants' motion. Signed by Magistrate Judge David E. Peebles on 4/1/16. (alh, )