Case: Rice v. New York Department of Corrections

Rice v. N.Y.D.O.C.S.

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). . (laq) (Entered: 02/03/2003)

APPLICATION by Jonathan Rice for the Court to request counsel . (laq) (Entered: 02/03/2003)

Order endorsed on declaration in support of request to proceed in forma pauperis; I.F.P. request is granted. ( signed by Chief Judge Michael B. Mukasey ) (laq) (Entered: 02/03/2003)

Magistrate Judge Ronald M. Ellis is so designated. (laq) (Entered: 02/03/2003)

ORDER: pltffs [2-1] motion for the Court to request counsel is GRANTED. Further Ordered, that the Pro Se Office of this Court seek Pro Bono counsel for this pltff. ( signed by Judge Denise L. Cote ); Copies Mailed by Chambers. Copy sent to Pro Se Clerk. (db) Modified on 03/25/2003 (Entered: 03/25/2003)

NOTICE OF INITIAL PRETRIAL CONFERENCE: That a pretrial conference will be held for 4:00 p.m. on 6/20/03, in Courtroom 11B, 500 Pearl Street, New York, New York 10007. ( signed by Judge Denise L. Cote ); Copies mailed by Chambers. (tp) (Entered: 05/21/2003)

ORDER; a pretrial conference has will be held for 2:00 p.m. on 7/24/03 . ( signed by Judge Denise L. Cote ); Copies mailed by Chambers. (jco) Modified on 06/16/2003 (Entered: 06/16/2003)

AMENDED COMPLAINT by Jonathan Rice, Gilberto Vargas, Michael B. Joseph (Answer due 7/31/03 for Echevera ) amending [1-1] complaint against City of NY, William J. Fraser, Robert Davoren, Roger Slattery, Capt. Merrill, Capt. Angerum, Capt. Belifore, Capt. Melendez, C.O. Mcgrath, C.O. Clark, C.O. Givarsi, C.O. Givarsi, C.O. Teresi, C.O. Wray, C.O. Bentsen, John/Jane Does 1-27; Summons issued. (djc) (Entered: 07/24/2003)

AFFIDAVIT OF SERVICE of summons and amended complaint as to City of NY by Linda Lawyer on 7/21/03 . Answer due on 8/11/03 for City of NY . (yv) (Entered: 07/24/2003)

AFFIDAVIT OF SERVICE of amended summons & complaint as to Robert Davoren by Von Braunsberg on 7/25/03 . Answer due on 8/14/03 for Robert Davoren . (db) (Entered: 07/30/2003)

SCHEDULING ORDER: All fact discovery must be completed by 12/19/03; All expert discovery must be completed by 3/26/04; The joint pretrial order must be filed by 4/30/04 , the parties shall comply with their Rule 26(a)(1) FRCP, initial disclosure obligations by 8/22/03; the parties are instructed to contact the chambers of Magistrate Judge Ellis prior to 10/31/03 in order to pursue settlement discussions under his supervision; plaintiffs' identification of experts and disclosure of expert testimony conforming to the requirements of Rule 26(a)(2)(B), FRCP, must occur by 1/30/04. Defendant's identification of experts and disclosure of expert testimony must occur by 2/27/04 . ( signed by Judge Denise L. Cote ); Copies sent by Chambers. (yv) (Entered: 07/31/2003)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement. Referred to Magistrate Judge Ronald L. Ellis. ( signed by Judge Denise L. Cote ) (kw) (Entered: 07/31/2003)

AFFIDAVIT OF SERVICE of summons and complaint as to Gervasi by Captain Daniels (Shield #1081) on 7/30/03. Answer due on 8/19/03 for Gervasi. (jco) (Entered: 08/06/2003)

AFFIDAVIT OF SERVICE of summons and complaint as to Capt. Melendez by Captain Daniels (Shield #1081) on 7/30/03. Answer due on 8/19/03 for Capt. Melendez. (jco) (Entered: 08/06/2003)

AFFIDAVIT OF SERVICE of summons and complaint as to Roger Slattery by Captain Daniels (Shield #1081) on 7/30/03. Answer due on 8/19/03 for Roger Slattery. (jco) (Entered: 08/06/2003)

AFFIDAVIT OF SERVICE of summons and complaint as to C.O. Mcgrath by Captain Daniels (Shield #1081) on 7/30/03. Answer due on 8/19/03 for C.O. Mcgrath. (jco) (Entered: 08/06/2003)

AFFIDAVIT OF SERVICE of summons and complaint as to Capt. Merrill by Captain Daniels (Shield #1081) on 7/30/03. Answer due on 8/19/03 for Capt. Merrill. (jco) (Entered: 08/06/2003)

AFFIDAVIT OF SERVICE of Amended S&C as to William J. Fraser by Correction Officer P. Jones/Co on 8/26/03 . Answer due on 9/15/03 for William J. Fraser . (ae) (Entered: 09/02/2003)

Memo-Endorsement on letter addressed to Judge Cote from Jason A. Nagi, dated 8/28/03; reset answer to complaint due for 9/19/03 for City of NY . ( signed by Judge Denise L. Cote ); (ae) (Entered: 09/08/2003)

ANSWER by City of NY, William J. Fraser, Robert Davoren, Roger Slattery, Capt. Merrill, Capt. Melendez, C.O. Mcgrath to [8-1] amended complaint . (Attorney Jason A. Nagy from the Firm: Corp. Counsel of NYC). (moc) (Entered: 09/23/2003)

Memo-Endorsement on letter addressed to Judge Cote from Sarah Netburn, dated 9/19/03. Counsel for plaintiffs request that the Court not grant defendant Gervasi an extension of time to respond to the complaint. Extension for defendant Gervasi alone, until 10/8/03 is granted. ( signed by Judge Denise L. Cote ); Copies mailed by Chambers. (sb) (Entered: 09/29/2003)

AFFIDAVIT OF SERVICE of amended summons and complaint as to Capt. Angerum by Captain Meeks on 9/19/03 . Answer due on 10/9/03 for Capt. Angerum . (sb) (Entered: 09/29/2003)

AFFIDAVIT OF SERVICE of amended summons and complaint as to Echevera by K. Carty on 9/19/03 . Answer due on 10/9/03 for Echevera. (sb) (Entered: 09/29/2003)

AFFIDAVIT OF SERVICE of amended summons and complaint as to C.O. Teresi by Captain Parker on 9/23/03 . Answer due on 10/13/03 for C.O. Teresi . (sb) (Entered: 09/29/2003)

ORDER, that a conference will be held in this case by the Judge on 10/20/03, at 2:30 p.m. in Courtroom 20A, 500 Pearl Street . ( signed by Magistrate Judge Ronald L. Ellis ). (tp) (Entered: 09/26/2003)

SECOND AMENDED COMPLAINT by Jonathan Rice, Gilberto Vargas, Michael B. Joseph (Answer due 10/20/03 for John/Jane Does 1-27, for C.O. Bentsen, for C.O. Wray, for C.O. Teresi, for C.O. Givarsi, for C.O. Clark, for C.O. Mcgrath, for Capt. Melendez, for Capt. Belifore, for Capt. Angerum, for Capt. Merrill, for Roger Slattery, for Robert Davoren, for William J. Fraser, for City of NY ) amending [8-1] amended complaint against Joseph Russo, Carielleo, Miller, Echeverria, Machado, Howell, Leon Taylor, Hawkins, Lawson, Henry, Adrian Council, Blackwell, Lopez. Summons issued. (jco) (Entered: 10/15/2003)

STIPULATION and ORDER, pursuant to FRCP 15(a) plaintiffs are granted leave to file and serve the second amended complaint as further set forth in this Stipulation . ( signed by Judge Denise L. Cote ) (yv) (Entered: 10/15/2003)

SETTLEMENT CONFERENCE ORDER, that a conference will be held in this case by the Judge on 11/18/03 at 11:00 a.m. in Courtroom 20 A, 500 Pearl Street, New York, NY 10007 . ( signed by Magistrate Judge Ronald L. Ellis ). (tp) (Entered: 10/21/2003)

AFFIDAVIT OF SERVICE of amended summons & 2nd amended complaint as to Lloyd Bentson by Captain Daniels on 10/21/03. Answer due on 11/10/03 for Lloyd Bentson. (db) Modified on 10/28/2003 (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & 2nd amended complaint as to C.O. Clark by Captain Glass on 10/21/03 . Answer due on 11/10/03 for C.O. Clark . (db) Modified on 10/28/2003 (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & 2nd amended complaint as to Lawson by Captain Daniels on 10/21/03 . Answer due on 11/10/03 for Lawson . (db) Modified on 10/28/2003 (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & 2nd amended complaint as to Hawkins by Captain Daniels on 10/21/03 . Answer due on 11/10/03 for Hawkins . (db) Modified on 10/28/2003 (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & 2nd amended complaint as to Leon Taylor by Captain Daniels on 10/21/03 . Answer due on 11/10/03 for Leon Taylor . (db) Modified on 10/28/2003 (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & 2nd amended complaint as to Howell by Captain Daniels on 10/21/03 . Answer due on 11/10/03 for Howell . (db) Modified on 10/28/2003 (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & 2nd amended complaint as to Machado by Captain Daniels on 10/21/03 . Answer due on 11/10/03 for Machado . (db) Modified on 10/28/2003 (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & complaint as to Miller by Captain Daniels on 10/21/03 . Answer due on 11/10/03 for Miller . (db) (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & complaint as to Joseph Russo by Captain Daniels on 10/21/03 . Answer due on 11/10/03 for Joseph Russo . (db) (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & complaint as to Lopez by Captain Daniels on 10/21/03 . Answer due on 11/10/03 for Lopez . (db) (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & 2nd amended complaint as to Henry by Captain Daniels on 10/21/03 . Answer due on 11/10/03 for Henry . (db) (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons & complaint as to Adrian Council by Captain Daniels on 10/21/03 . Answer due on 11/10/03 for Adrian Council . (db) (Entered: 10/28/2003)

AFFIDAVIT OF SERVICE of amended summons and amended complaint as to Lopez by Lorraine Hyslop/Section Superv on 11/5/03. Answer due on 11/25/03 for Lopez. (kw) (Entered: 11/09/2003)

SCHEDULING ORDER:All fact Discovery due by 3/18/2004, and all expert discovery due 6/28/04. Pretrial Order due by 7/30/2004. (Signed by Judge Denise L. Cote on 12/23/03) (cd, ) (Entered: 01/13/2004)

ENDORSED LETTER addressed to Judge Denise L. Cote from Heidi Grossman dated 12/23/03 re: At this time, the Office of the Corporation Counsel is unable to represent the remaining defendants who have not yet filed an answer. Request an enlargement of time to respond to the Second Amended Complaint on behalf of defendants Council, Henry, Lopez, Russo, Miller, Machado, Howell, Taylor, Hawkins, Lawson, Clark, Bentson, Carielleo, Turrisi, Echevarria, Gervasi and Angrum from December 22, 2003 to January 30, 2004 so that they may have an opportunity to obtain other counsel. Plaintiffs' counsel, Sarah Netburn, Esq., consents to this request. (Signed by Judge Denise L. Cote on 12/29/03) (dfe, ) (Entered: 01/16/2004)

Set Answer Due Date purs. to [49] Endorsed Letter,, as to Gregory Angrums answer due on 1/30/2004; Lloyd Bentson answer due on 1/30/2004; Clark answer due on 1/30/2004; Carielleo answer due on 1/30/2004; Adrian Council answer due on 1/30/2004; Garvasi answer due on 1/30/2004; Hawkins answer due on 1/30/2004; Henry answer due on 1/30/2004; Howell answer due on 1/30/2004; Lawson answer due on 1/30/2004; Lopez answer due on 1/30/2004; Machado answer due on 1/30/2004; Miller answer due on 1/30/2004; Joseph Russo answer due on 1/30/2004; Leon Taylor answer due on 1/30/2004; James R. Turrisi answer due on 1/30/2004. (dfe, ) (Entered: 01/16/2004)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Eric Echeverria served on 1/8/2004, answer due 1/28/2004. Service was accepted by Captain Wright. (sac, ) (Entered: 01/13/2004)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Lloyd Bentson served on 1/8/2004, answer due 1/28/2004; Blackwell served on 1/8/2004, answer due 1/28/2004; C.O. Clark served on 1/8/2004, answer due 1/28/2004; C.O. Givarsi served on 1/8/2004, answer due 1/28/2004; C.O. Wray served on 1/8/2004, answer due 1/28/2004; Capt. Angerum served on 1/8/2004, answer due 1/28/2004; Carielleo served on 1/8/2004, answer due 1/28/2004; City of NY served on 1/8/2004, answer due 1/28/2004; Adrian Council served on 1/8/2004, answer due 1/28/2004; Robert Davoren served on 1/8/2004, answer due 1/28/2004; Eric Echeverria served on 1/8/2004, answer due 1/28/2004; William J. Fraser served on 1/8/2004, answer due 1/28/2004; Garvasi served on 1/8/2004, answer due 1/28/2004; Hawkins served on 1/8/2004, answer due 1/28/2004; Henry served on 1/8/2004, answer due 1/28/2004; Howell served on 1/8/2004, answer due 1/28/2004; John/Jane Does 1-10 served on 1/8/2004, answer due 1/28/2004; Lawson served on 1/8/2004, answer due 1/28/2004; Lopez served on 1/8/2004, answer due 1/28/2004; Machado served on 1/8/2004, answer due 1/28/2004; Miller served on 1/8/2004, answer due 1/28/2004; Joseph Russo served on 1/8/2004, answer due 1/28/2004; Shield #15975 served on 1/8/2004, answer due 1/28/2004; Shield #282 served on 1/8/2004, answer due 1/28/2004; Shield #570 served on 1/8/2004, answer due 1/28/2004; Shield #574 served on 1/8/2004, answer due 1/28/2004; Roger Slattery served on 1/8/2004, answer due 1/28/2004; Leon Taylor served on 1/8/2004, answer due 1/28/2004; James R. Turrisi served on 1/8/2004, answer due 1/28/2004. Service was accepted by Captain Offcer James Turrisi. Document filed by Michael B. Joseph ; Jonathan Rice ; Gilberto Vargas. (pl, ) (Entered: 01/14/2004)

AFFIDAVIT OF SERVICE of Amended Summons and Amended Complaint. Gregory Angrums (shield #296) served on 1/8/2004, answer due 1/28/2004. Service was accepted by Captain Albury. Document filed by Michael B. Joseph; Jonathan Rice. (djc, ) (Entered: 01/14/2004)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Garvasi served on 1/8/2004, answer due 1/28/2004. Service was accepted by Capt Albury. Document filed by Michael B. Joseph ; Jonathan Rice ; Gilberto Vargas. (cd, ) (Entered: 01/13/2004)

SCHEDULING ORDER: Pretrial Conference set for 1/30/2004 03:00 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 1/21/2004) Copies mailed by Chambers.(jsa, ) (Entered: 01/29/2004)

PRETRIAL SCHEDULING ORDER: Pretrial conference held on 1/30/2004. The next Pretrial Conference set for 3/5/2004 02:30 PM before Judge Denise L. Cote. All defendants shall answer the complaint by 3/5/2004. (Signed by Judge Denise L. Cote on 1/30/2004) Copies mailed by Chambers.(jsa, ) Modified on 2/5/2004 (jsa, ). (Entered: 02/05/2004)

Set Answer Due Date purs. to [51] Scheduling Order as to Gregory Angrums answer due on 3/5/2004; Lloyd Bentson answer due on 3/5/2004; Blackwell answer due on 3/5/2004; C.O. Clark answer due on 3/5/2004; C.O. Givarsi answer due on 3/5/2004; C.O. Wray answer due on 3/5/2004; Capt. Angerum answer due on 3/5/2004; Carielleo answer due on 3/5/2004; City of NY answer due on 3/5/2004; Adrian Council answer due on 3/5/2004; Robert Davoren answer due on 3/5/2004; Eric Echeverria answer due on 3/5/2004; William J. Fraser answer due on 3/5/2004; Garvasi answer due on 3/5/2004; Hawkins answer due on 3/5/2004; Henry answer due on 3/5/2004; Howell answer due on 3/5/2004; John/Jane Does 1-10 answer due on 3/5/2004. (jsa, ) (Entered: 02/05/2004)

NOTICE of Appearance by Alan M. Nelson on behalf of Ernest Wray, Maxwell Benston (dle, ) (Entered: 02/19/2004)

ANSWER to Complaint., CROSSCLAIM against Gregory Angrums, Lloyd Bentson, Blackwell, C.O. Clark, C.O. Givarsi, C.O. Wray, Capt. Angerum, Carielleo, City of NY, Adrian Council, Robert Davoren, Eric Echeverria, William J. Fraser, Garvasi, Hawkins, Henry, Howell, John/Jane Does 1-10, Lawson, Lopez, Machado, Miller, Joseph Russo, Shield #15975, Shield #282, Shield #570, Shield #574, Roger Slattery, Leon Taylor, James R. Turrisi. Jury Trial Demanded. Document filed by Maxwell Benston, Ernest Wray.(dle, ) (Entered: 02/19/2004)

ANSWER to Crossclaim with Jury Demand., CROSSCLAIM against City of NY. Document filed by Carielleo.(dle, ) (Entered: 02/24/2004)

Letter addressed to Judge Cote from Kanika Juneja dated 2/20/04 re to bifurcate Monell disovery and trial. Document filed by City of NY, Roger Slattery et al.(cd, ) (Entered: 02/24/2004)

ANSWER to Amended Complaint, CROSSCLAIM against City of NY. Document filed by Clark, Eric Echeverria, Garvasi, Machado, James R. Turrisi. Related document: [27] Amended Complaint,, filed by Michael B. Joseph, Gilberto Vargas, Jonathan Rice.(jco, ) (Entered: 03/01/2004)

ANSWER to Second Amended Complaint., CROSSCLAIM against City of NY. Document filed by Gregory Angrums.(cd, ) (Entered: 03/03/2004)

ANSWER to Second Amended Complaint. Document filed by City of NY, Robert Davoren, William J. Fraser, McGrath, Melendez, Merrill, Roger Slattery. Related document: [27] Amended Complaint,, filed by Michael B. Joseph, Gilberto Vargas, Jonathan Rice.(db, ) (Entered: 03/15/2004)

ANSWER to Second Amended Complaint, CROSSCLAIM against Gregory Angrums, Maxwell Benston, Lloyd Bentson, Blackwell, C.O. Clark, C.O. Givarsi, C.O. Wray, Capt. Angerum, Carielleo, City of NY, Robert Davoren, Eric Echeverria, William J. Fraser, Garvasi, Hawkins, Henry, Howell, Lawson, Lopez, Machado, Shield #15975, Shield #282, Shield #570, Shield #574, Roger Slattery, Leon Taylor, James R. Turrisi, Ernest Wray. Document filed by Miller, Joseph Russo. Related document: [27] Amended Complaint,, filed by Michael B. Joseph, Gilberto Vargas, Jonathan Rice.(jco, ) (Entered: 03/09/2004)

ENDORSED LETTER addressed to Judge Cote from Sarah Netburn dated 2/27/04; the request made in the 2/13 letter is denied given the pendency of the investigations. The Monell claims are bifurcated. The parties shall meet and confer regarding the isssues in Sec V of this letter. (Signed by Judge Denise L. Cote on 3/4/04) (cd, ) (Entered: 03/10/2004)

PROTECTIVE ORDER; regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Denise L. Cote on 3/5/2004) (jp, ) (Entered: 03/09/2004)

PRETRIAL SCHEDULING ORDER: All fact discovery must be completed by 7/30/04. All expert discovery must be completed by 10/1/04. Any motion for summary judgment, motion served by 8/20/04, opposition served by 9/17/04, and reply served by 9/24/04. The joint pretrial order must be filed by 10/22/04. The trial will begin at 9:30 a.m. on 11/15/04. Other deadlines set forth on this scheduling order. (Signed by Judge Denise L. Cote on 3/8/04) Copies Mailed By Chambers.(sb, ) (Entered: 03/11/2004)

ANSWER to Amended Complaint. CROSSCLAIM against City of NY.Document filed by Blackwell, Adrian Council, Hawkins, Henry, Howell, Lawson, Lopez, Leon Taylor. Related document: [27] Amended Complaint, filed by Michael B. Joseph, Gilberto Vargas, Jonathan Rice.(sb, ) (Entered: 03/10/2004)

SETTLEMENT CONFERENCE ORDER; Settlement Conference set for 4/15/2004 at 10:30 AM before Magistrate Judge Ronald L. Ellis. (Signed by Judge Ronald L. Ellis on 3/12/04) (sb, ) (Entered: 03/19/2004)

ORDER; the City of New York is Ordered to release the last known address of former employee, Officer Clarice Blackwell, to pltffs counsel. (Signed by Judge Denise L. Cote on 3/22/2004) (jp, ) (Entered: 03/25/2004)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Belifore served on 4/2/2004, answer due 4/22/2004. Service was accepted by Mr. Robert Belifore. Document filed by Michael B. Joseph ; Jonathan Rice ; Gilberto Vargas. (db, ) (Entered: 04/09/2004)

ANSWER to CROSS-CLAIM of defendant Belifore. Document filed by Blackwell, Adrian Council, Hawkins, Henry, Howell, Lawson, Lopez, Leon Taylor.(db, ) (Entered: 04/14/2004)

NOTICE of Appearance by Fredrick Richman on behalf of Robert A. Belifore. (jco, ) (Entered: 04/21/2004)

ANSWER to Complaint with JURY DEMAND; CROSSCLAIM against Gregory Angrums, Maxwell Benston, Lloyd Bentson, Blackwell, C.O. Clark, C.O. Givarsi, C.O. Wray, Capt. Angerum, Carielleo, City of NY, Adrian Council, Robert Davoren, Eric Echeverria, William J. Fraser, Garvasi, Hawkins, Henry, Howell, John/Jane Does 1-10, Lawson, Lopez, Machado, Miller, Joseph Russo, Shield #15975, Shield #282, Shield #570, Shield #574, Roger Slattery, Leon Taylor, James R. Turrisi, Ernest Wray. Document filed by Belifore.(jco, ) (Entered: 04/21/2004)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Blackwell served on 4/6/2004, answer due 4/26/2004. Service was made by AFFIXING TO DOOR. Document filed by Michael B. Joseph ; Jonathan Rice ; Gilberto Vargas. (jco, ) (Entered: 04/29/2004)

ENDORSED LETTER addressed to Judge Denise L. Cote from Kanika Juneja dated 5/6/04; Based on the representations made herein, the plaintiffs' 8/5 request is denied. (Signed by Judge Denise L. Cote on 5/6/04) (sac, ) (Entered: 05/11/2004)

STIPULATION AND ORDER of Settlement and Discontinuance (Signed by Judge Ronald L. Ellis on 8/25/2004) (jsa, ) (Entered: 08/27/2004)

STIPULATION AND ORDER OF SETTLEMENT AND DISCONTINUANCE, the above-referenced action is hereby dismissed, with prejudice, and without costs, expenses, or fess in excess of the amount specified in paragraph "2". (Signed by Judge Ronald L. Ellis on 8/25/04) (dt, ) (Entered: 08/31/2004)