Case: Pou v. Coughlin

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 221604 (jl) (Entered: 08/24/1994)

Pltffs. RELATED CASE STATEMENT with 93 Civ. 1434(JES). (jl) (Entered: 08/24/1994)

CASE REFERRED TO Judge Sprizzo (jl) (Entered: 08/24/1994)

ORDER, plaintiffs are permitted to proceed in forma pauperis without prepayment of fees or costs or security therefore, in accordance with Title 28, U.S.C. Section 1915(a) ( signed by Judge Loretta A. Preska, Part I ); Copies mailed (jr) (Entered: 08/24/1994)

Notice of asg _ to Judge John E. Sprizzo Copy of notice and judge's rules mailed to Attorney(s) of record: Ferdinand I. Ubozoh . (sc) (Entered: 09/26/1994)

Case accepted as related to 93 Cv 1434. Notice of assignment to follow. (sc) (Entered: 09/26/1994)

Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Purs. to statement, it is suggested that the case be classified as unknown. Case is designated to Magistrate Judge B. Lee. (sc) (Entered: 10/06/1994)

STIPULATION and ORDER, extending time for said defts to respond to the complaint is extended from 11/7/94 to 1/20/95 , reset answer due for 1/20/95 for John Keane, for Cosmo Altieri, for Robert Rodriguez, for Sam Makhmaltchi, for Lieutenant Gowey, for Satish Kapoor ( signed by Judge John E. Sprizzo ). (kg) (Entered: 11/15/1994)

ANSWER to Complaint by Thomas A. Coughlin III, John Keane, Frank J. Sheridan, Cosmo Altieri, Robert Rodriguez, Sam Makhmaltchi, Lieutenant Gowey, Satish Kapoor (Attorney Marion Buchbinder), ; by attorney Marion Buchbinder (emil) (Entered: 01/25/1995)

WAIVER OF SERVICE Returned Executed as to Satish Kapoor mailed on 9/16/94 Answer due on 11/15/94 for Satish Kapoor (ae) (Entered: 02/07/1995)

WAIVER OF SERVICE Returned Executed as to Sam Makhmaltchi mailed on 9/7/94. Answer due on 11/6/94 for Sam Makhmaltchi (emil) (Entered: 02/09/1995)

WAIVER OF SERVICE Returned Executed as to Robert Rodriguez mailed on 9/7/94. Answer due on 11/6/94 for Robert Rodriguez (emil) (Entered: 02/09/1995)

WAIVER OF SERVICE Returned Executed as to Cosmo Altieri mailed on 9/7/94. Answer due on 11/6/94 for Cosmo Altieri (emil) (Entered: 02/09/1995)

WAIVER OF SERVICE Returned Executed as to Frank J. Sheridan mailed on 11/15/94. Answer due on 1/14/95 for Frank J. Sheridan (emil) (Entered: 02/09/1995)

WAIVER OF SERVICE Returned Executed as to John Keane mailed on 9/7/94. Answer due on 11/6/94 for John Keane (emil) (Entered: 02/09/1995)

WAIVER OF SERVICE Returned Executed as to Thomas A. Coughlin III mailed on 11/15/94. Answer due on 1/14/95 for Thomas A. Coughlin III (emil) (Entered: 02/09/1995)

Order classifying case. Purs. to the Civil Justice Expense and Delay Reduction Plan, this case has been determined to be Standard . ( signed by Judge John E. Sprizzo ) (emil) (Entered: 02/09/1995)

ORDER, reset discovery due for 6/1/95 , set pretrial conference for 10:30 6/23/95 ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 02/15/1995)

ORDER, defts may depose pltff Leroy Bruff at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Alonzo Greene at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Andre Rampal at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Nelson Gomez at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Pedro Cruz at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff David Rodriguez at a NYS Correction facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Leroy Bruff at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Andre Rampal at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Alonzo Greene at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Nelson Gomez at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Pedro Cruz at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Hector Claussell at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Salvador Pou at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Salvador Pou at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff Hector Claussell at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, defts may depose pltff David Rodriguez at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

ORDER, set scheduling order deadlines: Discovery cutoff 9/29/95 ; Pretrial conference set for 10/6/95 ; ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 07/03/1995)

ORDER, consolidating this case w/ 95 CV 1441 for purposes of discovery ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 07/11/1995)

ORDER, consolidating this case w/ 95 CV 1141 for purposes of discovery ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 07/28/1995)

ORDER, pltff may designate an expert by name on or before 11/6/95; otherwise pltff shall not be allowed to present an expert at trial. Defts may designate an expert by name on or before 11/6/95; otherwise defts shall not be allowed to present an expert at trial , reset discovery due for 12/6/95 , set pretrial conference for 12/15/95 ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 10/12/1995)

STIPULATION and ORDER, defts' time to designate an expert witness by and hereby is extended until 12/6/95 , reset discovery due for 1/8/96 , reset pretrial conference for 10:30 1/12/96 ( signed by Judge John E. Sprizzo ). (emil) (Entered: 11/16/1995)

STIPULATION and ORDER, reset discovery due for 3/7/96 , set pretrial conference for 3/8/96 , no further extensions will granted for any reason ( signed by Judge John E. Sprizzo ). (emil) Modified on 01/16/1996 (Entered: 01/16/1996)

NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Eaton. Please note that this is the reassignment of the designation only. Copy of notice mailed to Attorney(s) of record: Marion Buchbinder, Ferdinand I. Ubozoh . (ba) (Entered: 02/13/1996)

Pre-trial conference held (emil) (Entered: 03/14/1996)

ORDER, deft may file a motion for summary judgment on or before 4/8/96. The Court will review the motion and advise the parties whether a respone to the motion and/or Oral Argument is necessary. The pltffs' expert shall be deposed on 3/14/96 at 10:00 a.m. If pltffs' expert fails to appear at the pretrial conference, leaves the deposition early, or fails to bring requested documents, the Court will entertain an appropriate application for sanctions, including dismissal of the complaint , set pretrial order due for 6/7/96. If the pretrial order is not filed on that date, the Court will entertain appropriate applications for dismissal or default , set pretrial conference for 10:30 7/12/96 ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/14/1996)

Filed Memo-Endorsement on letter dated 5/31/96, reset pretrial order due for 7/12/96 ( signed by Judge John E. Sprizzo ) (emil) (Entered: 06/06/1996)

STIPULATION and ORDER, reset pretrial conference for 10:30 9/27/96 , reset pretrial order due for 9/27/96 ( signed by Judge John E. Sprizzo ). (emil) (Entered: 07/10/1996)

STIPULATION and ORDER, reset pretrial conference for 10/25/96 ( signed by Judge John E. Sprizzo ). (emil) (Entered: 09/30/1996)

STIPULATION and ORDER, reset pretrial conference for 12/6/96 ( signed by Judge John E. Sprizzo ). (emil) (Entered: 10/29/1996)

Pre-trial conference held (emil) (Entered: 12/16/1996)

ORDER, set settlement conference for 1:30 1/31/97 ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 12/16/1996)

Case closed (emil) (Entered: 02/06/1997)

STIPULATION and ORDER, for settlement. Pltffs agree to withdraw all claims for attys' fees, costs and disbursemetns incurred in connection w/ this action, except as set forth in this Stip & Order. Defts agree to pay for pltffs to be tested, within 60 days after receipt by counsel for defts of a copy of this stip signed by the Court, to establish their current clinical status w/ regard to asbestos-related disease. Defts agree to pay for pltffs to be tested by the physicians specified in paragraph 4 in the following sequence: five years after the tests in paragraph 4, ten years after the tests in paragraph 4, and then annually thereafter. Defts agree to pay to pltffs and their counsel the amount of $50,0290 in full settlement of all claims for damages for emotional distress arising out of the actions alleged in the complaint, and of all claims for attys' fees and costs relating to this action. The damages claims in the complaint are dismissed without prejudice to the institution of a new action arising out of the events described in the complaint herein, by any pltff who is hereinafter diagnosed as suffering from an asbestos-related disease by a physician identified in paragraph 4 or 6 of this Stip & Order ( signed by Judge John E. Sprizzo ). (emil) (Entered: 04/04/1997)