Case: Tomasullo v. LeFevre

COMPLAINT filed; FILING FEE $ 120 RECEIPT # 81918 ; (cbm) (Entered: 07/08/1991)

MOTION by Vincent Tomasulo, James Harrell to Certify Class (cbm) (Entered: 07/08/1991)

MEMORANDUM and Proposed Order by Eugene S. LeFevre, Thomas A. Coughlin, Robert W. Spence, Ronald Greene, Wayne Crosier, Suzanna Reyes, Stephen Katz in opposition to [6−1] motion to Certify Class (cbm) (Entered: 07/08/1991)

REPORT AND RECOMMENDATIONS of Magistrate Judge Ralph W. Smith Re: [6−1] motion to Certify Class ; Motion(s) no longer referred (cbm) (Entered: 07/08/1991)

CASE REFERRED to Magistrate Judge Ralph W. Smith (cbm) (Entered: 07/08/1991)

REPORT AND RECOMMENDATIONS of Magistrate Judge Ralph W. Smith Re: [6−1] motion to Certify Class ; Motion(s) no longer referred (cbm) (Entered: 07/08/1991)

ORDER (Judge Miner) denying [15−1] report and recommendations (); action remanded to Mag. Smith for further examination to redefine the class; determination of pltf's motion for class certification is deferred pending R−R. (cbm) (Entered: 07/08/1991)

ORDER granting [6−1] motion to Certify Class ( signed by Senior Judge Howard G. Munson ) (cbm) (Entered: 07/08/1991)

MOTION by Vincent Tomasulo, James Harrell to Compel , (cbm) (Entered: 07/08/1991)

MEMORANDUM and Proposed Order by Eugene S. LeFevre, Thomas A. Coughlin, Robert W. Spence, Ronald Greene, Wayne Crosier, Suzanna Reyes, Stephen Katz in opposition to [46−1] motion to Compel (cbm) (Entered: 07/08/1991)

ORDER granting [46−1] motion to Compel ( signed by Magistrate Judge Ralph W. Smith ): w/in 30 days defts' counsel shall make available to pltfs' counsel separate in−patient & out−patient listings of all inmates treated by OMH at Clinton CF since 1/1/84; etc. (cbm) (Entered: 07/08/1991)

ORDER ( signed by Magistrate Judge Ralph W. Smith ) directing defts to furnish to pltfs the documents requested in pltfs' 1st expedited request for documents. (cbm) (Entered: 07/08/1991)

MOTION by Vincent Tomasulo, James Harrell to Compel , and for Attorney Fees . (cbm) (Entered: 07/08/1991)

RESPONSE and Proposed Order by Eugene S. LeFevre, Thomas A. Coughlin, Robert W. Spence, Ronald Greene, Wayne Crosier, Suzanna Reyes, Stephen Katz to [72−1] motion to Compel (cbm) (Entered: 07/08/1991)

MOTION by Vincent Tomasulo, James Harrell to Compel , (cbm) (Entered: 07/08/1991)

RESPONSE and Proposed Order by Eugene S. LeFevre, Thomas A. Coughlin, Robert W. Spence, Ronald Greene, Wayne Crosier, Suzanna Reyes, Stephen Katz to [91−1] motion to Compel, [72−1] motion to Compel (cbm) (Entered: 07/08/1991)

NOTICE by Vincent Tomasulo, James Harrell to take deposition of Wayne Crosier; to be held on 12/13/90 at Clinton CF. (cbm) Modified on 07/08/1991 (Entered: 07/08/1991)

ORDER, set Pretrial Conference for 10:00 8/21/91 in Syracuse, set Brief deadline on issue of consolidation with 87−CV−141 and 90−CV−1160 to 8/7/91 ( signed by Chief Judge Neal P. McCurn ); reassigning action to Mag. Scanlon and Judge McCurn. (cbm) (Entered: 07/08/1991)

CASE NO LONGER REFERRED TO Magistrate Judge Ralph W. Smith (cbm) (Entered: 07/08/1991)

CASE reassigned to Chief Judge Neal P. McCurn (cbm) (Entered: 07/08/1991)

RESPONSE by Vincent Tomasulo, James Harrell in opposition to consolidation w/Perri v. Coughlin, 90−CV−1160. (cbm) (Entered: 08/01/1991)

Defts' memo of law respecting consolidation of this action with 90−CV−1160 and 87−CV−141. (cbm) (Entered: 08/08/1991)

ORDER, to Consolidate Cases 90−CV−1160, 87−CV−141, and 84−CV−1035 for trial; set Motion Filing deadline to 9/25/91 , set Discovery deadline to 1/15/92 , set Bench Trial for 1/15/92 ( signed by Magistrate Judge Daniel Scanlon Jr. ) [served] (cbm) (Entered: 09/18/1991)

Consolidated Lead Case , member cases 87−CV−141 and 90−CV−1160. (cbm) (Entered: 10/18/1991)

15th REQUEST for Production of Documents by Vincent Tomasulo, James Harrell (cbm) (Entered: 09/24/1991)

Pre−trial conference held (cbm) (Entered: 11/12/1991)

Letter from pltf Perri to Judge McCurn dd 10/10/91 w/copies of rcts for cert. mail, etc. (cbm) Modified on 10/25/1991 (Entered: 10/25/1991)

Letter from pltf Perri to Judge McCurn dd 10/14/91 w/copies of rcts for cert. mail, etc. (cbm) (Entered: 10/25/1991)

Copy of letter from PLS to AAG Roberts dd 10/30/91 listing proposed witnesses for trial. (cbm) (Entered: 11/07/1991)

ORDER, set Witness List deadline to 11/15/91 , for pltfs to provide witness list to defts; that time for motions has expired; set Discovery deadline to 1/15/92 , set Bench Trial for 2/16/92 ; w/directions to clerk, etc. ( signed by Magistrate Judge Daniel Scanlon Jr. ) (cbm) (Entered: 11/12/1991)

16th REQUEST for Production of Documents by Vincent Tomasulo, James Harrell (cbm) (Entered: 11/18/1991)

2nd set of INTERROGATORIES propounded by Vincent Tomasulo, James Harrell to Eugene S. LeFevre, Thomas A. Coughlin, Robert W. Spence, Ronald Greene, Wayne Crosier, Suzanna Reyes, Stephen Katz (cbm) (Entered: 11/18/1991)

AFFIDAVIT of service Re: pltfs' 4th notice of depositions. (cbm) (Entered: 11/18/1991)

ORDER, reset Discovery deadline to 4/1/92 , reset Bench Trial for 5/1/92 ( signed by Magistrate Judge Daniel Scanlon Jr. ) (cbm) (Entered: 12/05/1991)

Letter from AAG Roberts to Judge Scanlon dd 11/29/91 re: extension of discovery deadline, on consent, to 4/1/92, etc. (cbm) (Entered: 12/05/1991)

Copy of letter from pltf to Judge McCurn dd 2/16/92 re: deposition. (fce) (Entered: 03/04/1992)

Letter to Judge McCurn from Pltf mailed 4/17/92 re: conditions in prison. (fce) (Entered: 04/22/1992)

Pltf's letter to Judge McCurn and Magistrate Judge Scanlon dd 7/1/92 re: trial date. (cbm) (Entered: 07/14/1992)

Letter from pltf Perri to clerk's office dd 7/28/92 w/copy of letter from pltf Perri to Judge McCurn & Magistrate Judge Scanlon dd 8/1/92 attached. (cbm) (Entered: 08/03/1992)

Letter from pltf Anthony Perri to Judge McCurn and Magistrate Judge Scanlon dd 9/19/92 re: request for fair trial. (cbm) (Entered: 09/24/1992)

ORDER, that amended stipulation agreed upon by parties,be written by plaintiffs counsel and forwarded to AAG. Stipulation will then be forwarded to Court for signature on or before 8/18/93. ( signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 08/17/1993)

Return Receipt Received, Service Date: 12/13/93 re: sent to Mr. Anthony Perri (fce) (Entered: 12/22/1993)

ORDER, for notice of proposed Stipulation of Dismissal be posted and maintained in both Spanish and English versions in various locations in the Mental Health Satellite Unit, and inmates are to be made aware of postings. this order shall remain in effect for two months from the entry hereof. Caption is amended to read as shown in this order to reflect that only Mr. Harrell, out of the named plaintiffs' remains in custody, and to reflect changes in the individuals holdking the offices of the original defendants, of the Stipulation for dismissal ( signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 12/28/1993)

Copy of STIPULATION of dismissal amending caption, etc. submitted for Magistrates endorsement, signed by PLS Atty. Bensing 5/19/93, and by AAG David B. Roberts 7/8/93 (fce) (Entered: 01/07/1994)

ORDER, set Final Pretrial Order Deadlines: Bench Trial to commence at 10:00 a.m. on 3/14/94 in Syracuse, NY ; , set filing deadline for Expert Witness List, and trial brief to 2/28/94 , set Pretrial Conference for 10:00 a.m. on 1/19/94 at Watertown, NY . This action is #9 on the trial list. ( signed by Senior Judge Neal P. McCurn on 1/7/94 ) (fce) (Entered: 01/13/1994)

ORDER signed by Senior Judge Neal P. McCurn Referring Case on Consent to Magistrate Judge Daniel Scanlon Jr. (fce) (Entered: 06/10/1994)

CASE REFERRED to Magistrate Judge Daniel Scanlon Jr. (fce) (Entered: 06/10/1994)

CASE NO LONGER REFERRED TO Magistrate Judge Daniel Scanlon Jr. (fce) (Entered: 06/10/1994)

Consolidated Lead Case (fce) (Entered: 06/10/1994)

Copy of letter from Anthony Perri, dated 6/17/94, in action 90−CV−1160, that he does not wish to consent to trial by Magistrate. (fce) (Entered: 06/23/1994)

Stipulation and ORDER for Dismissal ( signed by Magistrate Judge Daniel Scanlon Jr. 7/11/94) [served] (cbm) (Entered: 08/22/1994)

Case closed pursuant to Stipulation and Order of Dismissal, signed by Magistrate Judge Scanlon and filed 7/15/94. Member cases 87−CV−141 and 90−CV−1160 remain open; docketing and filing are to be continued in lead case. Deadlines and documents in lead case have not been terminated at closing. Closing of this action simply removes it from pending cases report. (cbm) (Entered: 09/14/1994)

ORDER for writ of habeas corpus ad testificandum to be issued for Anthony Perri to appear for trial on 5/22/95 in Watertown ( signed by Magistrate Judge Daniel Scanlon Jr. 4/7/95) (cbm) (Entered: 04/18/1995)

WRIT of habeas corpus ad testificandum issued and delivered to Marshal. (cbm) (Entered: 04/18/1995)

ORDER setting 1−2 day Jury Trial for 10:00 on 5/22/95 in Watertown, w/pretrial submissions to be filed 15 days before trial, etc. ( signed by Magistrate Judge Daniel Scanlon Jr. 4/12/95) [served] (cbm) (Entered: 04/18/1995)

Submission by pltf pro se Anthony Perri in support of application to amend Perri complaint and request for pretrial conference, w/attachments. (cbm) Modified on 05/09/1995 (Entered: 05/09/1995)

WRIT of habeas corpus ad testificandum returned executed as to Anthony Perri, dd 5/22/95. (cbm) (Entered: 05/31/1995)

Defts' MEMORANDUM of law in support of a motion to dismiss, and in opposition to pltf's motion to amend complaint. (cbm) (Entered: 06/30/1995)

MEMORANDUM by PLS on behalf of Anthony Perri in opposition to defts' motion to dismiss. (cbm) (Entered: 07/11/1995)

Letter from Judge Scanlon's chambers to counsel, dd 7/5/95, re: court will notify them of schedule for oral argument of pending motions. (cbm) (Entered: 07/24/1995)

Submission by pltf pro se Anthony Perri, w/attached exhibits 1−11. (cbm) (Entered: 07/11/1995)

Letter to Judge Scanlon from AAG Roberts for defts, dd 7/11/95, in RESPONSE/opposition to pltf's request to amend complaint to assert claims against defts in their individual capacities, when they were previously named in their official capacities only. (cbm) (Entered: 07/14/1995)

Anthony Perri's 11/23/95 letter to Judge Scanlon re: parole. (cbm) (Entered: 12/22/1995)

Letter to Judge Scanlon from Kenneth J. Aronson, Esq., dd 2/7/96, on behalf of pltf Anthony Perri, re: delay in Mr. Perri's release on parole. (cbm) (Entered: 02/14/1996)

Letter to Judge Scanlon from AAG Roberts, dd 2/20/96, re: pltf's release on parole, and requesting that case be dismissed as moot. (cbm) (Entered: 02/26/1996)

NOTICE of release from prison, dd 2/14/96, by Anthony Perri; advising that future mailings should be sent to him c/o Kenneth J. Aronson, Esq., 130 East 35th Street, New York, New York, 10016 (212−689−1515). (cbm) (Entered: 02/26/1996)

Change of address noted for Anthony Perri, to 124−13 25th Road, College Point, Queens, NY 11354. (cbm) (Entered: 09/17/1996)

Plaintiff's notification of change of address to Southport Corr. Facility (fce) (Entered: 10/07/1996)

Copy of AAG Roberts' 4/29/97 letter to Judge Scanlon (Perri, 90−CV−1160, member case) re: lack of formal notice of motion to dismiss, although such a motion was fully argued and briefed by both parties in 1995. (cbm) (Entered: 05/07/1997)

Sent Order re: pltfs mtn. to amend (dkts 47,48) to clerk in Utica to dkt. and serve. Court file is in Watertown chambers. (fce) (Entered: 05/08/1997)

LETTER to Mag/Judge Scanlon from Anthony S. Perri dd 5−16−97 acknowledging receipt of the 5−07−97 Decisions and Order and request jury trial (pta) (Entered: 05/23/1997)

AMENDED COMPLAINT by Anthony Perri , amends complaint filed 10/25/90 in member case 90−CV−1160. (cbm) (Entered: 05/28/1997)

ANSWER by Thomas A. Coughlin, Richard C. Surles (Attorney David B. Roberts, AAG) to [147−1] amended complaint; jury demand (cbm) (Entered: 06/24/1997)

Perri called Watn. chambers to inquire of status of matter. Next step is schedule to get this case on track. (fce) (Entered: 09/17/1997)

MAG/JUDGE SCANLON Scheduling Notice: for 6:90−cv−1160 (Member case), set Telephone Conference for 10:00 a.m. on 10/15/97 (pta) (Entered: 09/18/1997)

ORDER setting Discovery deadline to 2/28/98 , Motion Filing deadline to 5/15/98 ; trial ready date is 7/1/98 ( signed by Magistrate Judge Daniel Scanlon Jr. 10/30/97) [served] (cbm) (Entered: 11/12/1997)

REQUEST by AAG Roberts dtd 5/12/98 and ORDER, reset Motion Filing deadline to 6/22/98, motion will be taken on a submit basis ; Pltf. requests trial w/o jury & Defts. consent to same; set Bench Trial for 8/25/98 in Albany, NY ; trial date is firm; pretrial order will be sent to parties at time of disposition of contemplated motions; if event no motions are made, trial will proceed accordingly. (signed by Senior Judge Neal P. McCurn on 5/18/98) (lmp) (Entered: 05/18/1998)

Letter from Pltf. Perri requesting trial by judge & as to status of case. (lmp) (Entered: 05/18/1998)

LETTER ORDER, Response to Motion to be made by AAG shall be filed by 7/6/98 . (signed by Senior Judge Neal P. McCurn on 5/21/98) (lmp) (Entered: 05/21/1998)

Pltf. Perri's letter to court w/copy of letter to Atty. Landau and exhibits. (lmp) (Entered: 06/08/1998)

Letter Request from Pltf. Perri requesting that court not grant any further extensions in this action. (lmp) (Entered: 06/29/1998)

Copies of Letter Orders dtd 5/18/98 & 5/21/98 sent to Joel Landau, Esq., Prisoners' Legal Services, 2 Catherine Street, Poughkeepsie, NY, returned as undeliverable, marked "Undeliverable as Addressed − Unable to Forward." (lmp) (Entered: 07/01/1998)

LETTER ORDER, set Motion Filing deadline to 7/6/98 ; return date is set for 8/3/98; motion will be taken as a submit w/o oral argument; response papers to be filed & served by 7/20/98. (signed by Senior Judge Neal P. McCurn on 7/1/98) (lmp) (Entered: 07/01/1998)

MOTION by Richard C. Surles, Thomas A. Coughlin for Summary Judgment w/attached Rule 7.1(f) Statement & Affidavits of Harold E. Smith & Thomas A. Coughlin, III, w/exhibits, Hearing set for 10:00 8/3/98, Response Deadline 7/20/98; Motion returnable before Judge/Mag. Judge: McCurn (lmp) Modified on 07/06/1998 (Entered: 07/06/1998)

Motion(s) referred: [160−1] motion for Summary Judgment referred to Senior Judge Neal P. McCurn (lmp) (Entered: 07/06/1998)

MEMORANDUM by Richard C. Surles, Thomas A. Coughlin in support of [160−1] motion for Summary Judgment (lmp) Modified on 07/06/1998 (Entered: 07/06/1998)

LETTER ORDER, court by letter dtd 5/21/98 granted extension for Defts. to file motions until 7/6/98; granting [155−1] Pltf. Perri's letter request that no further extensions be granted to Defts. (signed by Senior Judge Neal P. McCurn on 6/30/98) (lmp) (Entered: 07/02/1998)

PRETRIAL ORDER filed, Bench Trial Deadline 11:00 a.m. on 8/25/98; Trial location: Albany, NY; by 8/3/98 parties to file & serve in DUPLICATE pretrial papers; papers to be filed at SYRACUSE, NY. (Signed by Senior Judge Neal P. McCurn on 7/1/98) (lmp) (Entered: 07/02/1998)

LETTER ORDER, Motion Hearing set for 8/3/98 re: [160−1] motion for Summary Judgment , Response to Motion reset to 7/20/98 for [160−1] motion for Summary Judgment ; expedited treatment is necessary so that decision on same can be made as much in advance of 8/25/98 trial date as possible. (signed by Senior Judge Neal P. McCurn on 7/2/98) (lmp) Modified on 07/06/1998 (Entered: 07/06/1998)

REPORT AND RECOMMENDATIONS of Magistrate Judge Daniel Scanlon Jr. Service Date: 7/1/98 RECOMMENDED that Plfs' motion for partial summary judgment [#65] be DENIED & Defts' cross motion for partial summary judgment [#67] be DENIED. (Objection to R and R due by 7/21/98 for James Harrell, for Daniel Senkowski, for Thomas A. Coughlin, for Robert W. Spence, for Wayne Crosier, for Joel A. Dvoskin, for Armando Dieppa, for Ronald Anderson, for Anthony Perri, for Diane Gibson, for Charles Scully, for Robert J. Henderson, for Steven E. Katz); Motion(s) no longer referred (lmp) (Entered: 07/06/1998)

Copy of 7/1/98 Letter Order of Judge McCurn concerning motion schedule sent to Joel Landau, Esq., Prisoner's Legal Services,2 Catherine Street, Poughkeepsie, NY 12601, returned as undeliverable. (lmp) (Entered: 07/09/1998)

Copy of 7/2/98 Letter Order of Senior Judge McCurn re motion schedule sent to Joel Landau, Esq., returned as undeliverable. (lmp) (Entered: 07/13/1998)

Motion(s) no longer referred: [160−1] motion for Summary Judgment (lmp) (Entered: 07/15/1998)

File Transferred to the Federal Records Center. Storage Information on this Closed Case: Accession Number 021−11−1545, Box 2 of 32. (mae) (Entered: 09/29/2011)