Case: Clark v. Cook

Clark v. Quiros

Clark v. Quiros

Clark v. Quiros

Clark v. Quiros

Clark v. Quiros

Clark v. Quiros

COMPLAINT against Dr. Coleman; Cook, Commissioner; Corcella, Warden; Scott Erfe, Warden; Dr. Goodman; Dr. Ruiz; Scott Semple, Former Commissioner; Dr. Gerald Valletta, filed by Nicholas Clark. (Attachments: # 1 Attachments, # 2 Envelope). (Velez, F.) (Entered: 04/18/2019)

1 Attachments

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2 Envelope

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PRISCS - MOTION for Leave to Proceed in forma pauperis, by Nicholas Clark. (Velez, F.) Modified on 4/18/2019 to add PRISCS (Velez, F.). (Entered: 04/18/2019)

STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 4/17/2019. (Velez, F.) (Entered: 04/18/2019)

ORDER on Prisoner Electronic Filing Program. Signed by Judge Janet C. Hall on 4/17/2019. (Velez, F.) (Entered: 04/18/2019)

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 4/17/2019. (Velez, F.) (Entered: 04/18/2019)

EXHIBIT - Additional Attachments, by Nicholas Clark re 1 Complaint. (Attachments: # 1 Envelope) (Velez, F.) (Entered: 04/18/2019)

1 Envelope

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Notice to petitioner re: Insufficiency 2 MOTION for Leave to Proceed in Forma Pauperi. Although you have sworn under the penalty of perjury that the responses in the IFP application are truthful, the responses in question 6 do not accurately reflect the deposit shown on your Inmate Account Statement. Please file a new IFP application. If insufficiency not corrected Dismissal due by 5/16/2019 Signed by Judge William I. Garfinkel on 4/25/2019.(Payton, R.) (Entered: 04/25/2019)

Order re: Insufficiency

MOTION for Leave to Proceed in forma pauperis by Nicholas Clark. (Payton, R.) (Entered: 05/15/2019)

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; granting 8 Motion for Leave to Proceed in forma pauperis. If you change your address at any time during the litigation of this case, Local Rule 83.1(c)2 provides that you notify the court. Signed by Judge William I. Garfinkel on 5/20/2019. (Payton, R.) (Entered: 05/20/2019)

Order on Motion for Leave to Proceed In Forma Pauperis

INITIAL REVIEW ORDER. The case will proceed on the deliberate indifference to medical needs claim against Dr. Valletta in his individual and official capacities and the intentional infliction of emotional distress claim against him in his individual capacity. Signed by Judge Vanessa L. Bryant on 5/22/2019. (Shafer, J.) (Entered: 05/23/2019)

STANDING ORDER RE: INITIAL DISCOVERY DISCLOSURES. Signed by Judge Stefan R Underhill on 5/22/2019. (Shafer, J.) (Entered: 05/23/2019)

Request for Waiver of Service - Prisoner

REQUEST FOR WAIVER of Service sent to Dr. Gerald Valletta on 6/5/2019; Waiver of Service due by 7/10/2019. (Velez, F.)

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Gerald Valletta* with answer to complaint due within *21* days. *Nicholas Clark / 355139* *GARNER CORRECTIONAL INSTITUTION* *50 Nunnawauk Rd.; P.O.Box 5500* *Newtown, CT 06470*., USM 285 forms together with Summons, Complaint, Order granting IFP reviewed and sent to USM for service on defendant(s).(Marshals Return of Service on Summons due by 6/25/2019) (Velez, F.) (Entered: 06/05/2019)

WAIVER OF SERVICE Returned Executed as to Gerald Valletta; waiver sent on 6/5/2019, answer due 8/4/2019. (Velez, F.) (Entered: 06/13/2019)

SUMMONS Returned Executed c/o Attorney General by Nicholas Clark. (Reis, Julia) (Entered: 06/20/2019)

NOTICE of Appearance by Thomas J. Davis, Jr on behalf of Gerald Valletta (Davis, Thomas) (Entered: 07/24/2019)

MOTION for Extension of Time until September 4, 2019 to file a responsive pleading to the allegations of the complaint by Gerald Valletta. (Davis, Thomas) (Entered: 07/25/2019)

ORDER granting 16 Motion for Extension of Time. Responsive pleading due by 9/4/2019. Signed by Judge Vanessa L. Bryant on 7/26/2019. (Lindberg, Christina) (Entered: 07/26/2019)

Order on Motion for Extension of Time

Update Answer Deadline

Answer deadline updated for Gerald Valletta to 9/4/2019 per Dkt. 17 Order. (Shafer, J.)

MOTION for Appointment of Counsel, by Nicholas Clark. (Attachments: # 1 Envelope) (Velez, F.) (Entered: 08/08/2019)

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Second MOTION for Extension of Time until October 4, 2019 to file a Responsive Pleading by Gerald Valletta. (Davis, Thomas) (Entered: 08/27/2019)

ORDER granting 19 Motion for Extension of Time until October 4, 2019, as the defendants have satisfied the good cause requirement. This extension does not affect any other deadlines. Specifically, the requirement in the Standing Order re: Initial Discovery Disclosures that Defendants must provide disclosures within 45 days of Counsel's appearance, that is, by September 7, 2019, remains in effect. Signed by Judge Vanessa L. Bryant on 9/13/2019. (Dannenmaier, Katherine) (Entered: 09/13/2019)

Order on Motion for Extension of Time

Update Answer Deadline

Answer deadline updated for Gerald Valletta to 10/4/2019 per Dkt 20 Order. (Shafer, J.)

ORDER denying without prejudice 18 Motion to Appoint Counsel. Signed by Judge Vanessa L. Bryant on 9/26/2019. (Dannenmaier, Katherine) (Entered: 09/26/2019)

ANSWER to 1 Complaint, with Affirmative Defenses with Jury Demand by Gerald Valletta.(Davis, Thomas) (Entered: 10/01/2019)

MOTION for Appointment of Counsel, by Nicholas Clark. (Attachments: # 1 Attachment) (Velez, F.) (Entered: 11/04/2019)

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MOTION Mental Health Evaluation by Gerald Valletta.Responses due by 11/27/2019 (Attachments: # 1 Exhibit 1, # 2 Memorandum in Support)(Davis, Thomas) (Entered: 11/06/2019)

1 Exhibit 1

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2 Memorandum in Support

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MOTION for Status Conference for Appointment of Counsel by Nicholas Clark. (Murphy, Tatihana) (Entered: 12/18/2019)

ORDER denying without prejudice 23 Motion to Appoint Counsel ; denying as moot 25 Motion for Conference. Signed by Judge Vanessa L. Bryant on 1/24/20. (Lewis, L.) (Entered: 01/24/2020)

MOTION to Compel by Gerald Valletta.Responses due by 2/14/2020 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Davis, Thomas) (Entered: 01/24/2020)

1 Exhibit 1

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2 Exhibit 2

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MOTION Modify Scheduling Order by Gerald Valletta.Responses due by 2/14/2020 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Davis, Thomas) (Entered: 01/24/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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MOTION for Extension of Time by Nicholas Clark. (Bozek, M.) (Entered: 03/04/2020)

NOTICE of Change of Address by Nicholas Clark (Attachments: # 1 Envelope)(Payton, R.) Modified on 3/25/2020 to seal docket entry, per Chambers' request (Velez, F.). Modified on 6/9/2020 to unseal docket entry (Velez, F.). (Entered: 03/25/2020)

ORDER granting 24 Motion for Mental Health Evaluation absent objection, for the reasons stated in the motion. Signed by Judge Vanessa L. Bryant on 4/2/2020. (Dannenmaier, Katherine) (Entered: 04/02/2020)

Order on Motion for Miscellaneous Relief

NOTICE of Change of Address by Nicholas Clark (Payton, R.) (Entered: 04/30/2020)

Order: The Court directs the Clerk to appoint pro bono counsel to represent Plaintiff in this case, in light of the Plaintiff's likely difficulty in "investigat[ing] the crucial facts" without aid, Plaintiff's demonstrated lack of "ability to present the case", and "the complexity of the legal issues." Hodge v. Police Officers, 802 F.2d 58, 61 - 62 (2d Cir. 1986); see Dkts. 24 & 31 (authorizing Defendants' use of a licensed examiner); Dkt. 27 (Defendants' seeking to compel access to Plaintiff's medical records in face of Plaintiff's refusal on grounds of inability to respond). Signed by Judge Vanessa L. Bryant on 5/28/2020. (Dannenmaier, Katherine) (Entered: 05/28/2020)

ORDER: Within 30 days after the appearance of counsel for the Plaintiff, the parties shall submit a joint status report proposing a feasible schedule for the management of this case. Signed by Judge Vanessa L. Bryant on 5/28/2020. (Dannenmaier, Katherine) (Entered: 05/28/2020)

ORDER finding as moot 28 Motion to Modify the Scheduling Order in light of Dkt. 34 . Signed by Judge Vanessa L. Bryant on 5/28/2020. (Dannenmaier, Katherine) (Entered: 05/28/2020)

Order Appointing Pro Bono Counsel

Order

Order on Motion for Miscellaneous Relief

VACATED AT DKT. 41 : Order Appointing Pro Bono Counsel James Owens Gaston for Nicholas Clark pursuant to D. Conn L. Civ. R 83.10. Counsel is directed to contact their client and file an appearance in accordance with Local Rule 5(b) within 14 days.Counsel is further directed to review the Notice Regarding Local Rule 83.10(k): Incurring Pro Bono Expenses and Local Rule 83.10(k) (copies available on the courts website at: http://ctd.uscourts.gov/pro-bono-information-0). Signed by Judge Vanessa L. Bryant on 5/29/2020.(Freberg, B) Modified on 6/16/2020 (Shafer, J.). (Entered: 05/29/2020)

NOTICE to Pro Bono Counsel re Incurring Expenses. Signed by Clerk on 5/29/2020.(Freberg, B) (Entered: 05/29/2020)

Order Appointing Pro Bono Counsel

NOTICE by James O. Gaston re 36 Order Appointing Pro Bono Counsel,, Counsel's Declination to Pro Bono Appointment (Gaston, James) (Entered: 06/09/2020)

Filing fee received from Nicholas Clark: $ 350.00, receipt number CTXB00011262(Paid in Full) (Payton, R.)

Filing Fee Received

Filing Fee Received

NOTICE of Appearance by James Owens Gaston on behalf of Nicholas Clark (Gaston, James) (Entered: 06/16/2020)

MOTION for Relief from Pro Bono Appointment Order by James O. Gaston. (Gaston, James) (Entered: 06/16/2020)

ORDER granting 40 Motion for Relief From Pro Bono Appointment for the reasons stated in the attached order and ruling. To permit this case to move forward, the Court hereby VACATES its order appointing Attorney Gaston and directs the Clerk of Court to appoint new pro bono counsel to represent Plaintiff in this case. Signed by Judge Vanessa L. Bryant on 6/16/2020. (Dannenmaier, Katherine) (Entered: 06/16/2020)

Order Appointing Pro Bono Counsel James V. Sabatini for Nicholas Clark pursuant to D. Conn L. Civ. R 83.10. Counsel is directed to contact their client and file an appearance in accordance with Local Rule 5(b) within 14 days.Counsel is further directed to review the Notice Regarding Local Rule 83.10(k): Incurring Pro Bono Expenses and Local Rule 83.10(k) (copies available on the courts website at: http://ctd.uscourts.gov/pro-bono-information-0). Signed by Judge Vanessa L. Bryant on 6/18/2020.(Freberg, B) (Entered: 06/18/2020)

NOTICE to Pro Bono Counsel Re Incurring Expenses. Signed by Clerk on 6/18/2020.(Freberg, B) (Entered: 06/18/2020)

Order Appointing Pro Bono Counsel

NOTICE of Appearance by James V. Sabatini on behalf of Nicholas Clark (Sabatini, James) (Entered: 07/02/2020)

MOTION for Relief From Pro Bono Appointment Order by Nicholas Clark. (Sabatini, James) (Entered: 07/02/2020)

ORDER denying 27 Motion to Compel without prejudice to refiling after counsel is successfully appointed. Signed by Judge Vanessa L. Bryant on 7/16/2020. (Dannenmaier, Katherine) (Entered: 07/16/2020)

ORDER finding as moot 29 Motion for Extension of Time in light of the Court's 46 Order. Signed by Judge Vanessa L. Bryant on 7/16/2020. (Dannenmaier, Katherine) (Entered: 07/16/2020)

Order on Motion to Compel

Order on Motion for Extension of Time

ORDER denying 45 Motion for Order For failure to show good cause. The law in this area is not complex, the pressures counsel notes are shared by all members of the bar and the bench and the Court will be generous in scheduling. signed by Judge Vanessa L. Bryant on 8*20-20. (Bryant, Vanessa) (Entered: 08/20/2020)

Order on Motion for Order

ORDER: the parties are ordered to submit a joint status report proposing a feasible schedule for the management of this case by October 1, 2020. Signed by Judge Vanessa L. Bryant on 09/01/2020. (Burlingham, Corinne) (Entered: 09/01/2020)

Set Deadlines/Hearings

Set deadline: joint status report due by 10/1/2020 per Dkt. 49 Order. (Shafer, J.)

Order

Set Deadlines/Hearings

Joint STATUS REPORT by Nicholas Clark. (Sabatini, James) (Entered: 10/01/2020)

SCHEDULING ORDER. The Court sets the following case management deadlines in light of the parties joint status report. Dkt. 50 . The Court does not find good cause for the amount of time requested by the parties and enters the following reasonable deadlines. A discovery status teleconference will take place on 1/6/2021 at 4:30PM. All discovery, including but not limited to depositions of expert witnesses, shall be completed by 3/1/2021. Dispositive motions are due by 4/1/2021. If no dispositive motions are filed, the joint trial memorandum ("JTM") is due by 5/3/2021, and jury selection will take place on 6/15/2021 at 09:30 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. If dispositive motions are filed, the JTM is due by 12/1/2021, and jury selection will take place on 1/18/2022 at 09:30 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. Counsel shall be prepared to present evidence on any day during the month that the jury trial is scheduled to take place. The parties are directed to closely follow Chambers' Practices -- including the deadlines and format of filings -- when completing and filing the JTM, which shall be accompanied by the voir dire questions, jury instructions, and motions in limine. All evidentiary objections raised in the JTM must be the subject of a motion in limine and supported by applicable Second Circuit precedent. The parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than 2 weeks before jury selection. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. If and/or when the parties feel that a settlement conference before a Magistrate Judge would be productive, the parties may jointly request such on the docket. Signed by Judge Vanessa L. Bryant on 10/07/2020. (Burlingham, Corinne) (Entered: 10/07/2020)

Set Deadlines/Hearings

Set deadline: joint trial memorandum due by 5/3/2021 per Dkt. 51. (Shafer, J.)

Scheduling Order

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Discovery status teleconference set for 1/6/2021 at 4:30 PM before Judge Vanessa L. Bryant. To participate in the teleconference, the parties are to dial 888-251-2909 and enter 2429024# as the access code. (Shafer, J.) (Entered: 10/08/2020)

Set Deadlines/Hearings

Calendar Entry

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. RESET FROM 1/6/2021. Discovery status teleconference set for 1/13/2021 at 1:00 PM before Judge Vanessa L. Bryant. To participate in the teleconference, the parties are to dial 888-251-2909 and enter 2429024# as the access code. (Shafer, J.) (Entered: 12/28/2020)

Calendar Entry

MOTION to Take Deposition from Nicholas Clark by Gerald Valletta. (Davis, Thomas) (Entered: 01/12/2021)

Minute Entry for proceedings held before Judge Vanessa L. Bryant: Discovery status teleconference held on 1/13/2021. Total Time: 18 minutes. (Court Reporter F. Velez, ECRO.) (Shafer, J.) (Entered: 01/13/2021)

MOTION Consent to Modify Scheduling Order re 51 Scheduling Order,,,,,,,, by Gerald Valletta.Responses due by 2/19/2021 (Davis, Thomas) (Entered: 01/29/2021)

ORDER granting 54 Motion to Take Deposition from the Plaintiff. Signed by Judge Vanessa L. Bryant on 2/8/2021. (Burlingham, Corinne) (Entered: 02/08/2021)

ORDER granting 56 Motion to Modify Scheduling Order. Signed by Judge Vanessa L. Bryant on 2/8/2021. (Burlingham, Corinne) (Entered: 02/08/2021)

SECOND SCHEDULING ORDER. The Court sets the following case management deadlines in light of the 56 consent motion to modify scheduling order. All discovery, including but not limited to depositions of expert witnesses, shall be completed by6/1/2021. Dispositive motions are due by 7/1/2021. If no dispositive motions are filed, the joint trial memorandum ("JTM") is due by7/6/2021, and jury selection will take place on 8/17/2021 at 09:30 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. If dispositive motions are filed, the JTM is due by 3/8/2022, and jury selection will take place on 4/19/2022 at 09:30 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. Counsel shall be prepared to present evidence on any day during the month that the jury trial is scheduled to take place. The parties are directed to closely follow Chambers' Practices -- including the deadlines and format of filings -- when completing and filing the JTM, which shall be accompanied by the voir dire questions, jury instructions, and motions in limine. All evidentiary objections raised in the JTM must be the subject of a motion in limine and supported by applicable Second Circuit precedent. The parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than 2 weeks before jury selection. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. If and/or when the parties feel that a settlement conference before a Magistrate Judge would be productive, the parties may jointly request such on the docket.Signed by Judge Vanessa L. Bryant on 2/8/2021.(Burlingham, Corinne) (Entered: 02/08/2021)

Order on Motion to Take Deposition

Order on Motion for Miscellaneous Relief

Scheduling Order

MOTION for Extension of Time until March 15, 2021 to Respond to Defendant, Dr. Gerald Vallettas, Interrogatories and Requests for Production by Nicholas Clark. (Sabatini, James) (Entered: 02/11/2021)

MOTION for Extension of Time until March 15, 2021 to Respond to Defendant, Dr. Gerald Vallettas, Requests for Admissions by Nicholas Clark. (Sabatini, James) (Entered: 02/11/2021)

ORDER granting 60 Motion for Extension of Time to Object to or Answer Defendant's Interrogatories and Request for Production; granting 61 Motion for Extension of Time to Respond to Defendant's Request for Admissions. The new deadline to respond to the interrogatories, requests for production, and request for admission is March 15, 2021. Defense counsel consented to the motion and the extension of time will not interfere with the discovery completion deadline or otherwise have an effect on the scheduling order. The Court has not limited the parties' ability to stipulate to modifying deadlines that do not interfere with the scheduling order. See Fed. R. Civ. Pro. 29. Signed by Judge Vanessa L. Bryant on 2/12/2021. (Burlingham, Corinne) (Entered: 02/12/2021)

Order on Motion for Extension of Time AND Order on Motion for Extension of Time

ORDER Returning Submission as Deficient: Motion for Extension of Time returned to Nicholas Clark as filings must be made through counsel. Signed by Judge Vanessa L. Bryant on 3/1/2021. (Shafer, J.) (Entered: 03/01/2021)

MOTION Consent to Modify Scheduling Order re 51 Scheduling Order,,,,,,,, by Gerald Valletta.Responses due by 5/20/2021 (Davis, Thomas) (Entered: 04/29/2021)