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15-1417 - Cannon v. Correctional Medical Care, Inc. et al


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15-1417 - Cannon v. Correctional Medical Care, Inc. et al
May 19, 2016
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ORDER: ORDERED, that the documents provided to the Court by the New York State Commission of Corrections for an in camera review shall be disclosed to the parties in this action. Toward that end, Plaintiff's counsel shall pick up the certified copy that was provided to the Court and distribute copies to opposing counsel. ORDERED, that the Clerk of the Court serve a copy of this Order upon the parties to this action, with a copy to be mailed to the New York State Commission of Corrections at AES State Ofc. Building, 80 S. Swan St., 12th Floor, Albany, New York 12210. Signed by Magistrate Judge Daniel J. Stewart on 5/19/16. (served as directed)(alh, )
March 17, 2017
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ORDER: As part of the Court's February 27, 2017 Text Order, Dkt. No. 51, Counsel for the Correctional Medical Care ("CMC") Defendants was instructed to provide to Chambers the personnel files for Defendants Goyer; Gallup; and Dr. Masaba. On March 7, 2017, the personnel files for the Defendants were submitted to the Court. The in camera review of Defendant Goyer's, Gallup's, and Dr. Masaba's personnel files reflected certain information that may be relevant to Plaintiff's claims, or the Defendants' defenses. Those relevant portions are described herein. When retrieving the personnel files, Counsel for the CMC Defendants shall make a copy of the pages from the personnel files which have been identified above and provide it to all counsel. Because of the personal nature of the documents, they shall be provided pursuant to a duly executed protective order. The Court further directs that the Counsel for the CMC Defendants immediately retrieve from the Court's courtroom deputy, Maria Blunt, the personnel files. Signed by Magistrate Judge Daniel J. Stewart on 3/17/17. (alh, )
June 27, 2017
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ORDER: ORDERED, that this Court will allow the Defendants who have consented to proceed with joint representation by the Stewart Bernstiel Rebar & Smith Law Firm. Such consent to joint representation at this stage of the litigation does not waive their right to retain separate counsel in the future. ORDERED, that the Clerk of the Court shall note the substitution of counsel for Defendants Coogan and Goyer (Dkt. Nos. 126 & 128) and terminate the Stewart Bernstiel Rebar & Smith Law Firm appearances on behalf of those Defendants. ORDERED, that the Declarations submitted to the Court for an in camera review shall be docketed under seal. Signed by Magistrate Judge Daniel J. Stewart on 6/27/17. (alh, )
June 27, 2017
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MEMORANDUM-DECISION AND ORDER: ORDERED, that the Motion of the Commission of Correction to Quash Plaintiff's Subpoena (Dkt. No. 93) is hereby GRANTED. ORDERED, that the Clerk of the Court remove the restrictive filing associated with the Motion to Quash as the Court has reviewed its contents and deems nothing therein to be properly shielded from the public's review. Signed by Magistrate Judge Daniel J. Stewart on 6/27/17. (alh, )
June 30, 2017
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ORDER: As part of this Court's March 17, 2017 Order, Dkt No. 55, Counsel for Correctional Medical Care, Inc., provided to the Court for an in camera review certain financial statements. Those documents include the Correctional Medical Care Site Budget for the accounting periods ending 12/31/2012; 12/31/2013; 12/31/2014; 12/31/2015; and 12/31/2016, as well as the CBH Medical PC Income Statement for the periods ending 12/31/2015 and 12/31/2016; and the SM Dental PC Income Statement for 12/31/2015 and 12/31/2016. These records have been bate stamped "Confidential 689-704." Having reviewed the documents, and cognizant of the fact that the Plaintiff is making a Monell claim and is also seeking punitive damages from Correctional Medical Care, Inc., the Court concludes that the documents submitted for review should be provided to all counsel. However, due to the sensitive financial content, the Court directs that these records be marked "Attorneys Eyes Only" and be limited in their disclosure to counsel of record, counsel's staff, and experts retained by counsel. If the documents, or any part thereof, are to be included in any motion, or in a response to a motion, it should be filed preliminarily under seal, and the Court will then make a separate determination as to whether they should remain sealed. The documents in question shall be utilized only for the present action, and their disclosure in a separate action is left to the discretion of that particular court. Counsel for Correctional Medical Care, Inc., shall serve a copy of the documents, bate stamped Confidential000689-Confidential000704 upon counsel for all parties within seven days of the filing date of this Order. Signed by Magistrate Judge Daniel J. Stewart on 6/30/17.(alh, )
August 17, 2017
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ORDER: In light of the discussion held at the August 15 and 16 Conferences, the Scheduling Order is amended as follows: 1) Status Report is due on or before August 25, 2017, wherein the parties shall provide the Court with the dates of any outstanding deposition; 2) Discovery deadline is extended to October 6, 2017; 3) Plaintiff's Expert disclosure deadline is extended to October 6, 2017; 4) Defendants' Expert disclosure deadline is extended to November 20, 2017; 5) Rebuttal Expert disclosure and Expert depositions must be completed by December 20, 2017; and 6) Motion filing deadline is set for January 20, 2018. All other provisions of the Court's Uniform Pretrial Scheduling Order shall remain in effect. Signed by Magistrate Judge Daniel J. Stewart on 8/17/17. (alh, )
December 14, 2017
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DECISION AND ORDER: ORDERED, that Plaintiff's Motion for Court Approval of the Wrongful Death Settlement (Dkt. No. 165) is GRANTED. ORDERED, that the letter motions of the Albany County Defendants, the CMC Defendants, and Defendants Coogan and Goyer (Dkt. Nos. 168-172) are GRANTED to the extent they are consistent with this Decision and Order. ORDERED, that all claims against Defendants Correctional Medical Care, Inc., Umar, Carpio, Masaba, County of Albany, John Doe 1-3, Goyer, Coogan, Apple, Sr., and Clark are hereby DISMISSED. ORDERED, that all cross-claims are DISMISSED. ORDERED, that the Albany County Defendants and the CMC Defendants' Motions to Dismiss (Dkt. Nos. 81 & 99) are DENIED as moot. ORDERED, that Tracy Cannon, as Administratrix of the Estate of Mark Cannon, Jr., is hereby authorized to accept the sum of $1,094,999.99 for settlement of all claims made on behalf of the decedent in this matter, said amount to include all claims for attorney's fees and costs. The Administratrix of the Estate of Mark Cannon, Jr. is further authorized to execute and deliver to the CMC Defendants and the Albany County Defendants a release for all claims asserted, or that could have been asserted in this litigation. ORDERED, that the terms of any non-disparagement agreement shall be consistent with this Court's ruling. ORDERED, that the Application of Plaintiff's Attorney for attorney's fees and expenses is GRANTED. Plaintiff's attorney is awarded $20,773.24 as reimbursement for litigation expenses, and $364,635.00 in attorney's fees, pursuant to the terms of the signed retainer agreement with the Law Offices of Elmer Robert Keach, III, P.C. ORDERED, that $650,000.00 of the settlement proceeds shall be held by the settling parties, and their insurance carriers, to fund a structured settlement agreement for Mark Cannon, Jr.'s daughter, said structured settlement to be approved by the Schenectady County Surrogate's Court, and to be funded within a period of time to be determined by the Surrogate's Court. ORDERED, that $385,408.24 in attorneys fees and expenses shall be paid to Plaintiff's counsel pursuant to the time constraints set forth in New York's Prompt Payment Statute, C.P.L.R. § 5003-a. ORDERED, that the remaining share of the settlement, $59,591.75, shall be paid to Plaintiff's counsel pursuant to the time constraints set forth in New York's Prompt Payment Statute, C.P.L.R. § 5003-a, the distribution of which is referred to the Schenectady County Surrogate's Court for disposition. ORDERED, that Plaintiff's counsel shall continue to serve as attorney for the Estate until the entry of the final decree in the Schenectady County Surrogate's Court. ORDERED, that jurisdiction is retained over this matter to enforce the terms of the settlement agreement. Signed by Magistrate Judge Daniel J. Stewart on 12/14/17. (alh, )