CLOSED,CASREF,ECF
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:16−cv−05778−CM−BCM

Ramsay−Nobles v. Keyser et al Assigned to: Judge Colleen McMahon Referred to: Magistrate Judge Barbara C. Moses Cause: 42:1983 Prisoner Civil Rights
Plaintiff

Date Filed: 07/20/2016 Date Terminated: 05/05/2020 Jury Demand: Both Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Julia Ramsay−Nobles Individually

represented by Elena Steiger Reich Patterson, Belknap, Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (240)−441−5429 Email: esteigerreich@pbwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maren Jessica Messing Patterson, Belknap, Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 212−336−2000 Fax: (212)−857−2139 Email: mmessing@pbwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adeel Abdullah Mangi Patterson, Belknap, Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 212−336−2000 Fax: 212−336−2222 Email: aamangi@pbwt.com ATTORNEY TO BE NOTICED

Daniel Eisenberg Patterson, Belknap, Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212)−336−2484 Email: dmeisenberg@pbwt.com ATTORNEY TO BE NOTICED

David Robert Allen Finn Dixon & Herling LLP Six Landmark Square Stamford, CT 06901 203−325−5000 Fax: 203−325−5001 Email: dallen@fdh.com TERMINATED: 08/21/2019

Eugene Martin Gelernter Patterson, Belknap, Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212) 336−2553 Fax: (212) 336−2222

Plaintiff Julia Ramsay−Nobles as Administratrix of the Estate of Karl Taylor, Deceased
V. Defendant William Keyser Superintendent of the Sullivan Correctional Facility, in his individual capacity

Email: emgelernter@pbwt.com ATTORNEY TO BE NOTICED
represented by Elena Steiger Reich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maren Jessica Messing (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adeel Abdullah Mangi (See above for address) ATTORNEY TO BE NOTICED
Courtney Elizabeth Finerty Patterson, Belknap, Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212) 336−2375 Email: cfinerty@pbwt.com TERMINATED: 11/30/2017 ATTORNEY TO BE NOTICED
Daniel Eisenberg (See above for address) ATTORNEY TO BE NOTICED
David Robert Allen (See above for address) TERMINATED: 08/21/2019
Joseph Robert Richie Patterson Belknap Webb & Tyler LLP New York, NY 10036 (212) 336−2048 Fax: (212) 336−2222 Email: jrichie@pbwt.com TERMINATED: 05/08/2019
Timothy H. Gray Patterson, Belknap, Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212)−336−2057 Fax: (212)−336−2222 Email: tgray@pbwt.com ATTORNEY TO BE NOTICED
Eugene Martin Gelernter (See above for address) ATTORNEY TO BE NOTICED
represented by Rebecca Ann Durden New York State Department of Law Litigation 120 Broadway, 24th Floor

Defendant Edward Burnett Deputy Superintendent of the Sullivan Correctional Facility, in his individual capacity
Defendant Bruce Tucker Correction Officers at the Sullivan Correctional Facility, in their individual capacities

New York, NY 10271 (212) 416−8610 Fax: (212) 416−6075 Email: Rebecca.Durden@ag.ny.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barbara Kathryn Hathaway New York State Office of the Attorney General (28 Liberty) 28 Liberty Street, 15th Floor New York, NY 10005 (212)−416−8560 Fax: (212)−416−6009 Email: Barbara.Hathaway@ag.ny.gov ATTORNEY TO BE NOTICED
Colleen Kelly Faherty New York State Office of the Attorney General (28 Liberty) 28 Liberty Street, 15th Floor New York, NY 10005 (212)−416−6046 Fax: (212)−416−6009 Email: colleen.faherty@ag.ny.gov ATTORNEY TO BE NOTICED
Kristen Rose Vogel New York State Office of The Attorney General 28 Liberty Street New York, NY 10005 (212)−416−8606 Fax: (212)−416−6009 Email: kristen.vogel@ag.ny.gov TERMINATED: 09/12/2018
represented by Rebecca Ann Durden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barbara Kathryn Hathaway (See above for address) ATTORNEY TO BE NOTICED
Colleen Kelly Faherty (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck Orseck Law Offices 1924 State Route 52, P.O. Box 469

Defendant Steven Witte Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Defendant Senior Sullivan Officers 1−20, in their individual capacities TERMINATED: 04/26/2017 Defendant Sullivan Correction Officers 1−20, in their individual capacities TERMINATED: 03/23/2018 Defendant Shane Topel Correction Officers at the Sullivan Correctional Facility, in their individual capacities

Liberty, NY 12754 845−292−5800 Fax: 845−292−6749 Email: orsecklaw@yahoo.com ATTORNEY TO BE NOTICED
Kirk O. Orseck Orseck Law Offices 1924 State Route 52, P.O. Box 469 Liberty, NY 12754 845−292−5800 Email: orsecklaw@yahoo.com ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kirk O. Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kirk O. Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address)

Defendant John Frunzi Sergeants at the Sullivan Correctional Facility, in their individual capacities
Defendant Dr. Sin Ho Lee TERMINATED: 03/23/2018
Defendant Senior Sullivan Officers 1−19 in their individual capacities TERMINATED: 03/23/2018 Defendant Sergeant Timothy Bunch Sergeants at the Sullivan Correctional Facility, in their individual capacities
Defendant Daniel Walter Correction Officers at the Sullivan Correctional Facility, in their individual capacities

TERMINATED: 09/12/2018
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kirk O. Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Helene Rachel Hechtkopf Hoguet Newman Regal & Kenney, LLP 60 East 42nd Street, 48th Floor New York, NY 10165 212−689−8808 Email: hhechtkopf@hnrklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven Mark Silverberg Hoguet Newman Regal & Kenney, LLP 10 East 40th Street New York, NY 10016 212−689−8808 Fax: 212−689−5101 Email: ssilverberg@hnrklaw.com ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kirk O. Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kirk O. Orseck (See above for address) ATTORNEY TO BE NOTICED

Defendant Correction Officer Joseph Daddezio Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Defendant Correction Officer Kevin Darling Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Defendant Correction Officer James Steinberg, Jr Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Defendant Correction Officer Felix Santos Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Defendant Correction Officer Michael Weir Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Defendant Senior Sullivan Officers 1−18 in their individual capacities
Defendant Sullivan Correction Officers 1−14 in their individual capacities
Defendant Dr. Seung Ho Lee in his individual capacity

represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED Kirk O. Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED Kirk O. Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED Kirk O. Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED Kirk O. Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED Kirk O. Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Steven Mark Silverberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Claimant Correction Officer Kevin Darling Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Cross Claimant Correction Officer Felix Santos Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Cross Claimant Sergeant Timothy Bunch Sergeants at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018
Cross Claimant Daniel Walter Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Cross Claimant Correction Officer Michael Weir Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Cross Claimant Shane Topel Correction Officers at the Sullivan Correctional Facility, in their individual capacities
Cross Claimant Bruce Tucker Correction Officers at the Sullivan Correctional Facility, in their individual capacities

Helene Rachel Hechtkopf (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018

Cross Claimant John Frunzi Sergeants at the Sullivan Correctional Facility, in their individual capacities
Cross Claimant Correction Officer James Steinberg, Jr Correction Officers at the Sullivan Correctional Facility, in their individual capacities Cross Claimant Correction Officer Joseph Daddezio Correction Officers at the Sullivan Correctional Facility, in their individual capacities Cross Claimant Steven Witte Correction Officers at the Sullivan Correctional Facility, in their individual capacities
V. Cross Defendant Dr. Seung Ho Lee in his individual capacity TERMINATED: 12/17/2018
Counter Claimant Correction Officer Kevin Darling Correction Officers at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018

represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Helene Rachel Hechtkopf (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven Mark Silverberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED

Counter Claimant Correction Officer Felix Santos Correction Officers at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018
Counter Claimant Sergeant Timothy Bunch Sergeants at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018
Counter Claimant Daniel Walter Correction Officers at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018
Counter Claimant Correction Officer Michael Weir Correction Officers at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018
Counter Claimant Shane Topel Correction Officers at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018
Counter Claimant Bruce Tucker Correction Officers at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018
Counter Claimant John Frunzi Sergeants at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018

represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY

Counter Claimant Correction Officer James Steinberg, Jr Correction Officers at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018 Counter Claimant Correction Officer Joseph Daddezio Correction Officers at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018 Counter Claimant Steven Witte Correction Officers at the Sullivan Correctional Facility, in their individual capacities TERMINATED: 12/18/2018
V. Counter Defendant Julia Ramsay−Nobles Individually TERMINATED: 12/18/2018
Counter Defendant Julia Ramsay−Nobles as Administratrix of the Estate of Karl Taylor, Deceased TERMINATED: 12/18/2018

Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
represented by Rebecca Ann Durden (See above for address) TERMINATED: 04/27/2018 LEAD ATTORNEY
Gerald Orseck (See above for address) ATTORNEY TO BE NOTICED
Kristen Rose Vogel (See above for address) TERMINATED: 09/12/2018
represented by Adeel Abdullah Mangi (See above for address) ATTORNEY TO BE NOTICED
Daniel Eisenberg (See above for address) ATTORNEY TO BE NOTICED
Eugene Martin Gelernter (See above for address) ATTORNEY TO BE NOTICED
represented by Adeel Abdullah Mangi (See above for address) ATTORNEY TO BE NOTICED
Daniel Eisenberg (See above for address) ATTORNEY TO BE NOTICED
Eugene Martin Gelernter

(See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/20/2016
07/20/2016 07/20/2016 07/20/2016 07/20/2016 07/20/2016 07/20/2016 07/21/2016
07/21/2016
07/21/2016 07/21/2016 07/21/2016 07/21/2016 07/21/2016 07/21/2016 07/21/2016 07/21/2016

# Docket Text
1 COMPLAINT against Edward Burnett, William Keyser, Senior Sullivan Officers, Sullivan Correction Officers, Shane Topel, Bruce Tucker, Steven Witte. (Filing Fee $ 400.00, Receipt Number 0208−12557341)Document filed by Julia Ramsay−Nobles.(Gelernter, Eugene) (Entered: 07/20/2016)
2 CIVIL COVER SHEET filed. (Gelernter, Eugene) (Entered: 07/20/2016)
3 REQUEST FOR ISSUANCE OF SUMMONS as to William Keyser, re: 1 Complaint,. Document filed by Julia Ramsay−Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)
4 REQUEST FOR ISSUANCE OF SUMMONS as to Edward Burnett, re: 1 Complaint,. Document filed by Julia Ramsay−Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)
5 REQUEST FOR ISSUANCE OF SUMMONS as to Shane Topel, re: 1 Complaint,. Document filed by Julia Ramsay−Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)
6 REQUEST FOR ISSUANCE OF SUMMONS as to Bruce Tucker, re: 1 Complaint,. Document filed by Julia Ramsay−Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)
7 REQUEST FOR ISSUANCE OF SUMMONS as to Steven Witte, re: 1 Complaint,. Document filed by Julia Ramsay−Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eugene Martin Gelernter to RE−FILE re: Document No. 1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Plaintiff has to be added again, in the party text insert as Administratrix of the Estate of Karl Taylor, Deceased. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re−file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents − attach the correct signed PDF − select the individually named filer/filers − select the individually named party/parties the pleading is against. (dgo) (Entered: 07/21/2016)
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (dgo) (Entered: 07/21/2016)
Magistrate Judge Barbara C. Moses is so designated. (dgo) (Entered: 07/21/2016)
Case Designated ECF. (dgo) (Entered: 07/21/2016)
8 ELECTRONIC SUMMONS ISSUED as to William Keyser. (dgo) (Entered: 07/21/2016)
9 ELECTRONIC SUMMONS ISSUED as to Edward Burnett. (dgo) (Entered: 07/21/2016)
10 ELECTRONIC SUMMONS ISSUED as to Shane Topel. (dgo) (Entered: 07/21/2016)
11 ELECTRONIC SUMMONS ISSUED as to Bruce Tucker. (dgo) (Entered: 07/21/2016)
12 ELECTRONIC SUMMONS ISSUED as to Steven Witte. (dgo) (Entered: 07/21/2016)
ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Julia Ramsay−Nobles, Julia Ramsay−Nobles added. Party added pursuant to 1 Complaint,. Document filed by Julia Ramsay−Nobles, Julia Ramsay−Nobles. Related document: 1 Complaint, filed by Julia Ramsay−Nobles.(Gelernter, Eugene) (Entered: 07/21/2016)

07/21/2016 07/21/2016 07/21/2016 08/02/2016 08/04/2016 08/05/2016 09/01/2016 09/01/2016 09/12/2016 09/12/2016 09/20/2016 09/20/2016 09/20/2016 09/20/2016 09/20/2016 09/21/2016

13 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Eugene Martin Gelernter on behalf of Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ) (Gelernter, Eugene) (Entered: 07/21/2016)
14 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Adeel Abdullah Mangi on behalf of Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ) (Mangi, Adeel) (Entered: 07/21/2016)
15 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Daniel Eisenberg on behalf of Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ) (Eisenberg, Daniel) (Entered: 07/21/2016)
16 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/12/2016 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/2/2016) (kgo) (Entered: 08/02/2016)
17 LETTER MOTION to Adjourn Conference addressed to Judge Colleen McMahon from Adeel A. Mangi dated August 4, 2016. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 08/04/2016)
18 ORDER granting 17 Letter Motion to Adjourn Conference. Rescheduled to September 23, 2016 @ 11:15 am. Initial Conference set for 9/23/2016 at 11:15 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/4/2016) (kgo) (Entered: 08/05/2016)
19 NOTICE OF APPEARANCE by Rebecca Ann Durden on behalf of Edward Burnett, William Keyser, Shane Topel. (Durden, Rebecca) (Entered: 09/01/2016)
20 LETTER MOTION for Extension of Time on behalf of Superintendent Keyser to respond to the complaint addressed to Judge Colleen McMahon from Rebecca Ann Durden dated September 1, 2016. Document filed by Edward Burnett, William Keyser, Shane Topel.(Durden, Rebecca) (Entered: 09/01/2016)
21 ORDER granting 20 Letter Motion for Extension of Time. OK − response due October 31, 2016. (Signed by Judge Colleen McMahon on 9/12/2016) (kgo) (Entered: 09/12/2016)
Set/Reset Deadlines: Edward Burnett answer due 10/31/2016; William Keyser answer due 10/31/2016; Shane Topel answer due 10/31/2016. (kgo) (Entered: 09/12/2016)
22 WAIVER OF SERVICE RETURNED EXECUTED. Edward Burnett waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Edward Burnett. (Durden, Rebecca) (Entered: 09/20/2016)
23 WAIVER OF SERVICE RETURNED EXECUTED. Shane Topel waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Shane Topel. (Durden, Rebecca) (Entered: 09/20/2016)
24 WAIVER OF SERVICE RETURNED EXECUTED. Steven Witte waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Steven Witte. (Durden, Rebecca) (Entered: 09/20/2016)
25 WAIVER OF SERVICE RETURNED EXECUTED. Bruce Tucker waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Bruce Tucker. (Durden, Rebecca) (Entered: 09/20/2016)
26 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ).(Gelernter, Eugene) (Entered: 09/20/2016)
27 CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Discovery due by 11/11/2016. Amended Pleadings due by 3/10/2017. Joinder of Parties due by 3/10/2017. Deposition due by 12/2/2016. Expert Discovery due by 10/27/2017. In fact, this schedule is so generous that it will NOT be extended. So do not waste your time − you have 13 months to do discovery − get moving! (Signed by Judge Colleen

09/21/2016 10/25/2016 10/31/2016 11/03/2016 11/09/2016 12/08/2016 12/12/2016 12/12/2016
12/13/2016 12/13/2016
12/14/2016
02/10/2017

McMahon on 9/21/2016) (cla) (Entered: 09/21/2016)
28 MEMO ENDORSEMENT on re: 26 Rule 26(f) Discovery Plan Report filed by Julia Ramsay−Nobles. ENDORSEMENT: Conference on 9/23/16 is cancelled. (Signed by Judge Colleen McMahon on 9/21/2016) (cla) (Entered: 09/21/2016)
29 NOTICE OF APPEARANCE by Kristen Rose Vogel on behalf of Edward Burnett, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Vogel, Kristen) (Entered: 10/25/2016)
30 ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Edward Burnett, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 10/31/2016)
31 STIPULATED ORDER GOVERNING ELECTRONIC DISCOVERY: Prior to the scheduled Rule 16 conference date, the parties shall exchange the following information (as further set out in the order). (Signed by Judge Colleen McMahon on 11/1/2016) (cla) (Entered: 11/03/2016)
32 STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 11/7/2016) (kgo) (Entered: 11/09/2016)
33 LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated December 8, 2016 re: the proposed release of third−party responsive documents to the Parties. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Subpoena to Commission, # 2 Text of Proposed Order)(Mangi, Adeel) (Entered: 12/08/2016)
34 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non−dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Colleen McMahon on 12/12/2016) (kgo) (Entered: 12/12/2016)
35 MEMO ENDORSEMENT on re: 33 Letter, filed by Julia Ramsay−Nobles. ENDORSEMENT: Telephone Conference is scheduled for tomorrow 12/13/16 @ 2:30 pm. Plaintiff's counsel to initiate call to Chambers with opposing counsel on the phone. ( Telephone Conference set for 12/13/2016 at 02:30 PM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 12/12/2016) (kgo) (Entered: 12/12/2016)
Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 12/13/2016. Decision: Conference held. The Court will enter the unopposed Proposed Order.Submitted By: Jeremy R. Girton. (mde) (Entered: 12/13/2016)
36 ORDER REGARDING DISCLOSURE OF DOCUMENTS FROM THE NEW YORK STATE COMMISSION OF CORRECTION: IT IS HEREBY ORDERED, pursuant to N.Y. Mental Hygiene Law § 33.13(c)(1), that: 1. The New York State Commission of Correction's disclosure of documents responsive to Plaintiff's subpoena, dated November 15, 2016 and attached as Exhibit 1 to this Order, is in the interest of justice and significantly outweighs the need for confidentiality. 2. The New York State Commission of Correction should disclose these documents to the Parties under the Stipulation of Confidentiality and Protective Order (Dkt. No. 32) with a confidentiality designation of "Highly Confidential − Attorneys' Eyes Only." (Signed by Judge Colleen McMahon on 12/13/2016) (kgo) (Entered: 12/13/2016)
37 ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above−referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non−dispositive pretrial motions,and settlement, pursuant to 28 U.S.C. § 636(b)(1)(A). All discovery must be initiated in time to be concluded by the close of discovery set by the Court. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/14/2016) (ama) (Entered: 12/15/2016)
38 LETTER MOTION for Discovery addressed to Magistrate Judge Barbara C. Moses from Adeel Mangi dated February 10, 2017. Document filed by Julia

02/13/2017 02/27/2017 02/28/2017
03/08/2017 04/14/2017 04/14/2017 04/19/2017
04/19/2017 04/19/2017 04/20/2017

Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 02/10/2017)
39 ORDER REGARDING DISCLOSURE OF DOCUMENTS FROM THE DIVISION OF STATE POLICE granting 38 Letter Motion for Discovery. IT IS HEREBY ORDERED that the State Police shall produce all documents responsive to Plaintiff's subpoena to the State Police which was dated November 11, 2016 and is attached as Exhibit 1 to this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 2/13/2017) (cf) (Entered: 02/13/2017)
40 LETTER MOTION for Discovery addressed to Magistrate Judge Barbara C. Moses from Adeel Mangi dated February 27, 2017. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 02/27/2017)
41 ORDER REGARDING DISCLOSURE OF DOCUMENTS FROM THE SULLIVAN COUNTY DISTRICT ATTORNEY granting 40 Letter Motion for Discovery. IT IS HEREBY ORDERED that the Sullivan County District Attorney shall unseal and produce all documents responsive to Plaintiff's subpoena to the Sullivan County District Attorney that was dated December 21, 2016 and is attached as Exhibit 1 to this Order, excluding Grand Jury minutes, which are the subject of ongoing discussions between the Parties. (Signed by Magistrate Judge Barbara C. Moses on 2/28/2017) (cla) (Entered: 03/01/2017)
42 STIPULATION EXTENDING TIME TO AMEND PLEADINGS OR JOIN PARTIES: IT IS HEREBY stipulated by the Parties, subject to the approval of the Court, that the deadline to amend pleadings or join additional parties is extended from March 10, 2017 to April 19, 2017. (As further set forth in this Order.) (Amended Pleadings due by 4/19/2017., Joinder of Parties due by 4/19/2017.) (Signed by Magistrate Judge Barbara C. Moses on 3/7/2017) (cf) (Entered: 03/08/2017)
43 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by David Robert Allen on behalf of Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased) (Allen, David) (Entered: 04/14/2017)
44 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Courtney Elizabeth Finerty on behalf of Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased) (Finerty, Courtney) (Entered: 04/14/2017)
45 FILING ERROR − DEFICIENT PLEADING − FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending 1 Complaint, against Edward Burnett, William Keyser, Senior Sullivan Officers, Sullivan Correction Officers, Shane Topel, Bruce Tucker, Steven Witte, John Frunzi, Sin Ho Lee with JURY DEMAND.Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Related document: 1 Complaint, filed by Julia Ramsay−Nobles. (Attachments: # 1 Exhibit Certificate of Merit)(Gelernter, Eugene) Modified on 4/20/2017 (pc). (Entered: 04/19/2017)
46 REQUEST FOR ISSUANCE OF SUMMONS as to John Frunzi, re: 45 Amended Complaint,. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/19/2017)
47 REQUEST FOR ISSUANCE OF SUMMONS as to Sin Ho Lee, re: 45 Amended Complaint,. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/19/2017)
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eugene Martin Gelernter to RE−FILE re: Document No. 45 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Add Senior Sullivan Officers 1−19 to CM ECF. The amended complaint was filed incorrectly on the due date. Permission from Chambers will need to be acquired in order for the correctly filed amended complaint to be accepted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re−file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents − attach the

04/20/2017
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correct signed PDF − select the individually named filer/filers − select the individually named party/parties the pleading is against. (pc) (Entered: 04/20/2017)
48 LETTER MOTION for Leave to File First Amended Complaint /Re−file First Amended Complaint [Document No. 45] and amend caption to "Senior Sullivan Officers 1−19" addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated April 20, 2017. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 04/20/2017)
49 LETTER MOTION to Stay addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 21, 2017. Document filed by Edward Burnett, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Attachments: # 1 Appendix Revised Case Management Plan)(Durden, Rebecca) (Entered: 04/21/2017)
50 ORDER granting 49 Letter Motion to Stay. OK. (Case Stayed.) (Signed by Judge Colleen McMahon on 4/24/2017) (kgo) (Entered: 04/24/2017)
51 REVISED CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Deposition due by 12/2/2017. Expert Discovery due by 12/26/2017. Discovery due by 12/26/2017. Pretrial Order due by 2/13/2017. (Signed by Judge Colleen McMahon on 4/24/2017) (kgo) (Entered: 04/24/2017)
52 ORDER granting 48 Letter Motion for Leave to File Document. Application GRANTED. The Clerk of the Court is respectfully directed to accept the First Amended Complaint for refiling. (Signed by Magistrate Judge Barbara C. Moses on 4/24/2017) (cf) (Entered: 04/24/2017)
53 AMENDED COMPLAINT amending 1 Complaint, against Edward Burnett, John Frunzi, William Keyser, Sin Ho Lee, Sullivan Correction Officers, Shane Topel, Bruce Tucker, Steven Witte, SENIOR SULLIVAN OFFICERS 1−19 with JURY DEMAND.Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Related document: 1 Complaint, filed by Julia Ramsay−Nobles.(Gelernter, Eugene) (Entered: 04/25/2017)
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eugene Martin Gelernter. The party information for the following party/parties has been modified: SENIOR SULLIVAN OFFICERS 1−19. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (pc) (Entered: 04/26/2017)
54 ELECTRONIC SUMMONS ISSUED as to Sin Ho Lee. (pc) (Entered: 05/02/2017)
55 ELECTRONIC SUMMONS ISSUED as to John Frunzi. (pc) (Entered: 05/02/2017)
56 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. John Frunzi served on 5/4/2017, answer due 5/25/2017. Service was accepted by John R. Frunzi. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 05/11/2017)
57 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Rebecca Ann Durden dated July 12, 2017. Document filed by Sin Ho Lee.(Durden, Rebecca) (Entered: 07/12/2017)
58 ANSWER to 53 Amended Complaint, with JURY DEMAND. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 07/12/2017)
59 ORDER granting 57 Letter Motion for Extension of Time to Answer re 1 Complaint. Ok. (Sin Ho Lee answer due 9/14/2017.) (Signed by Judge Colleen McMahon on 7/12/17) (yv) (Entered: 07/13/2017)
60 NOTICE OF APPEARANCE by Helene Rachel Hechtkopf on behalf of Sin Ho Lee. (Hechtkopf, Helene) (Entered: 08/25/2017)
61 ANSWER to 53 Amended Complaint, with JURY DEMAND. Document filed by Sin Ho Lee.(Hechtkopf, Helene) (Entered: 09/14/2017)

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62 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Appendix A [Proposed] Second Amended Civil Case Management Plan)(Gelernter, Eugene) (Entered: 09/18/2017)
63 AMENDED JOINT SCHEDULING ORDER: The parties recommend that the deadline for joinder of additional parties and any amendments to the pleadings remain as March 10, 2017. The parties have also agreed upon a Second Amended Case Management Order, which is attached at Appendix A. The parties agree that all discovery, including expert discovery, will be completed on or before March 26, 2018. The parties cannot prevent the court from referring this matter to a Magistrate Judge for any purpose for which consent is not required and the court construes this paragraph simply as a referral to consent to trial before a Magistrate Judge. So ordered as modified, and as further set forth in this order. Motions due by 5/7/2018. Expert Discovery due by 3/26/2018. Discovery due by 3/26/2018. Pretrial Order due by 6/6/2018. Ready for Trial by 6/6/2018. (Signed by Judge Colleen McMahon on 9/20/2017) (ap) (Entered: 09/20/2017)
64 NOTICE OF APPEARANCE by Steven Mark Silverberg on behalf of Sin Ho Lee. (Silverberg, Steven) (Entered: 09/28/2017)
65 LETTER MOTION for Discovery Re: Protective Order addressed to Judge Colleen McMahon from Rebecca Ann Durden dated October 16, 2017. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 10/16/2017)
66 ORDER denying 65 Letter Motion for Discovery. There is no need to modify the order, because plaintiff's interpretation is simply WRONG. I will NOT allow the identities of witnesses to remain secret. I am opposed to filings under seal generally. (Signed by Judge Colleen McMahon on 10/17/2017) (kgo) (Entered: 10/17/2017)
67 CONSENT LETTER MOTION for Discovery /Leave to Take Depositions addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated October 24, 2017. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 10/24/2017)
68 FED. R. CIV. P 30(a)(2)(B) ORDER TO DEPOSE PERSON CONFINED TO PRISON granting 67 Letter Motion for Discovery. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that Plaintiff in the above−captioned action is granted leave to take the deposition by oral examination of non−party Silburn Spence, DIN # 13A4248, commencing on a date that is mutually agreeable for the parties and the Department of Corrections and Community Supervision, at Fishkill Correctional Facility. (Signed by Magistrate Judge Barbara C. Moses on 10/25/2017) (ras) (Entered: 10/25/2017)
69 ORDER: The Court has received and reviewed plaintiffs October 24, 2017 consent letter−motion requesting leave to depose six non−party prison inmates. (Dkt. No. 67.) Plaintiff's application is hereby GRANTED. The Court will conduct a status conference on December 5, 2017, at 10:00 a.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. No later than one week prior to that date, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically.( Status Conference set for 12/5/2017 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/25/2017) (rj) (Entered: 10/26/2017)
70 LETTER MOTION for Conference − requesting a pre−motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated November 21, 2017. Document filed by Julia Ramsay−Nobles(Individually ). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Gelernter, Eugene) (Entered: 11/21/2017)
71 NOTICE OF APPEARANCE by Joseph Robert Richie on behalf of Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Richie, Joseph) (Entered: 11/22/2017)

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72 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated November 27, 2017 re: status regarding progress of discovery and any settlement efforts pursuant to the Court's October 25, 2017 Order. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 11/27/2017)
73 MEMO ENDORSEMENT on re: 72 Letter, filed by Julia Ramsay−Nobles. ENDORSEMENT: The parties' application to hold the December 5, 2017 status conference telephonically is hereby GRANTED. Counsel are directed to call (212) 805−0228, with all attorneys on one line, on December 5 at 10:00 a.m. ( Telephone Conference set for 12/5/2017 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/29/2017) (mro) (Entered: 11/29/2017)
74 ORDER SCHEDULING CONFERENCE: The Court has received and reviewed plaintiff's November 21, 2017 letter−motion (Dkt. No. 70) requesting a conference regarding a discovery dispute related to a subpoena duces tecum that plaintiff served on non−party New York State Office of Mental Health (OMH). Although OMH's counsel was copied on plaintiff's application, OMH has not yet filed a response, which was due November 27, 2017 per the Court's Individual Practices. If OMH wishes to file a response, it must do so no later than Tuesday, December 5, 2017. Plaintiff shall file any reply no later than Thursday, December 7, 2017. The Court will hold a conference regarding the OMH dispute on Friday, December 8, 2017, at 9:30 a.m., in Courtroom 20A. If any party or OMH has an unavoidable scheduling conflict, counsel for that party (or non−party) must promptly telephone Judge Moses's courtroom deputy with two proposed alternative dates, acceptable to all counsel, for a morning discovery conference. ( Responses due by 12/5/2017, Replies due by 12/7/2017., Status Conference set for 12/8/2017 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/29/2017) (mro) (Main Document 74 replaced on 12/1/2017) (cf). Modified on 12/1/2017 (cf). (Entered: 11/29/2017)
75 MOTION for Courtney E. Finerty−Stelzner to Withdraw as Attorney . Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Finerty, Courtney) (Entered: 11/30/2017)
76 ORDER: At the request of the parties and non−party New York State Office of Mental Health (OMH), the discovery hearing previously scheduled for December 8, 2017 is hereby adjourned to December 14, 2017, at 11:00 a.m. Plaintiff is directed to promptly serve this Order on OMH. (Status Conference set for 12/14/2017 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/1/2017) (cf) (Entered: 12/01/2017)
77 LETTER addressed to Magistrate Judge Barbara C. Moses from Margaret Drake dated 12/1/2017 re: In response to the letter from plaintiff's attorney dated November 21, 2017, concerning a discovery dispute related to a subpoena duces tecum served on the New York State Office of Mental Health (OMH) on January 18, 2017. (cf) (Entered: 12/01/2017)
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 12/5/2017. (Snell, Kevin) (Entered: 12/05/2017)
78 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 6, 2017 re: 70 LETTER MOTION for Conference − requesting a pre−motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated November 21, 2017. . Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 12/06/2017)
79 AMENDED STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/7/2017) (cf) (Entered: 12/07/2017)
80 LETTER MOTION for Conference − requesting a pre−motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. Document filed by Julia Ramsay−Nobles(as Administratrix of the

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Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 12/08/2017)
81 LETTER addressed to Magistrate Judge Barbara C. Moses from Margaret C. Drake dated 12/11/2017 re: Attendance at the December 14th conference. (cf) (Entered: 12/11/2017)
82 LETTER MOTION for Extension of Time to File Response/Reply as to 80 LETTER MOTION for Conference − requesting a pre−motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. addressed to Magistrate Judge Barbara C. Moses from Rebecca Ann Durden dated December 11, 2017. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 12/11/2017)
83 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − LETTER MOTION for Discovery addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated 12/12/2017. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Text of Proposed Order Granting Leave to Depose Person Confined to Prison)(Mangi, Adeel) Modified on 1/12/2018 (ldi). (Entered: 12/12/2017)
84 ORDER denying as moot 70 Letter Motion for Conference. (Dkt. No. 70) is DENIED as moot. OMH is excused from attending the hearing scheduled for December 14, 2017. Instead, at the hearing, the Court will address the issues raised in plaintiff's December 8, 2017 letter−motion (Dkt. No. 80). Defendants shall respond to plaintiff's letter−motion no later than December 13, 2017. Plaintiff need not file a reply. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 12/11/2017) (cf) (Entered: 12/12/2017)
Set/Reset Deadlines: Responses due by 12/13/2017 (cf) (Entered: 12/12/2017)
85 ORDER granting in part and denying in part 82 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED to the extent that defendants may file their response no later than December 13, 2017. Responses due by 12/13/2017 (Signed by Magistrate Judge Barbara C. Moses on 12/12/2017) (cf) (Entered: 12/12/2017)
86 FED. R. CIV. P 30(a)(2)(B) ORDER TO DEPOSE PERSON CONFINED TO PRISON granting 83 Letter Motion for Discovery. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that Plaintiff in the above−captioned action is granted leave to take the deposition by oral examination of non−party Raymond Bird, NYSID #06181689P, commencing on a date that is mutually agreeable for the parties and the Department of Corrections and Community Supervision, at Rikers Island. Nothing in this order modifies the current limits on the aggregate number or timing of depositions. (Signed by Magistrate Judge Barbara C. Moses on 12/13/2017) (cf) (Entered: 12/13/2017)
87 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Helene R. Hechtkopf dated December 13, 2017 re: 80 LETTER MOTION for Conference − requesting a pre−motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. . Document filed by Sin Ho Lee. (Attachments: # 1 Exhibit Email from Daniel Eisenberg to counsel regarding deposition schedule)(Hechtkopf, Helene) (Entered: 12/13/2017)
88 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Rebecca Ann Durden dated December 13, 2017 re: 80 LETTER MOTION for Conference − requesting a pre−motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. . Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Durden, Rebecca) (Entered: 12/13/2017)
89 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Rebecca Ann Durden dated December 13, 2017 re: 80 LETTER MOTION for Conference − requesting a pre−motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. Supplemental Letter re: Notices of Depositions. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.

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(Durden, Rebecca) (Entered: 12/13/2017)
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 12/14/2017. (Snell, Kevin) (Entered: 12/14/2017)
90 ORDER terminating 80 Letter Motion for Conference. Plaintiff may take a total of nineteen (19) depositions, including the party and non−party witnesses identified at today's hearing, no later than February 5, 2018. Promptly thereafter, the parties shall meet and confer regarding whether any party requires additional depositions to be taken prior to the close of all discovery, which remains March 26, 2018. (As further set forth in this Order.) This Order resolves the discovery disputes raised in plaintiffs letter−application dated December 8, 2017 (Dkt. No. 80). (Signed by Magistrate Judge Barbara C. Moses on 12/14/2017) (cf) (Entered: 12/15/2017)
Set/Reset Deadlines: Deposition due by 2/5/2018. (cf) (Entered: 12/15/2017)
91 MOTION for Timothy H. Gray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208−14603534. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Affidavit of Timothy H. Gray in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Certificate of Good Standing, # 3 Text of Proposed Order Granting Motion for Admission Pro Hac Vice)(Gray, Timothy) (Entered: 01/22/2018)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 91 MOTION for Timothy H. Gray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208−14603534. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) (Entered: 01/22/2018)
92 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting 91 Motion for Timothy H. Gray to Appear Pro Hac Vice. (Signed by Magistrate Judge Barbara C. Moses on 1/23/2018) (rj) (Entered: 01/23/2018)
93 MOTION for Leave to File Second Amended Complaint . Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ).(Gelernter, Eugene) (Entered: 02/09/2018)
94 MEMORANDUM OF LAW in Support re: 93 MOTION for Leave to File Second Amended Complaint . . Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ). (Gelernter, Eugene) (Entered: 02/09/2018)
95 DECLARATION of Eugene M. Gelernter in Support re: 93 MOTION for Leave to File Second Amended Complaint .. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ). (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Gelernter, Eugene) (Entered: 02/09/2018)
96 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated February 9, 2018 re: Status on depositions per December 14, 2017 Order to update the Court. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ).(Gelernter, Eugene) (Entered: 02/09/2018)
97 MEMORANDUM OF LAW in Opposition re: 93 MOTION for Leave to File Second Amended Complaint . . Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Durden, Rebecca) (Entered: 02/22/2018)
98 DECLARATION of Rebecca Ann Durden in Opposition re: 93 MOTION for Leave to File Second Amended Complaint .. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Attachments: # 1 Exhibit Hunt − Deposition Testimony, # 2 Exhibit E−Mail Exchange re: autopsy, # 3 Exhibit Dr. Prial − Deposition Testiomony)(Durden, Rebecca) (Entered: 02/22/2018)

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99 REPLY MEMORANDUM OF LAW in Support re: 93 MOTION for Leave to File Second Amended Complaint . . Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ). (Gelernter, Eugene) (Entered: 03/01/2018)
100 DECLARATION of Eugene M. Gelernter in Support re: 93 MOTION for Leave to File Second Amended Complaint .. Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ). (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I)(Gelernter, Eugene) (Entered: 03/01/2018)
101 FIRST LETTER MOTION for Extension of Time to serve State Represented Defendants' expert reports addressed to Judge Colleen McMahon from Rebecca Ann Durden dated March 1, 2018. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Vogel, Kristen) (Entered: 03/01/2018)
102 LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated March 1, 2018 re: response to State Represented Defendants letter dated March 1, 2018 101 . Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ).(Mangi, Adeel) (Entered: 03/01/2018)
103 MEMO ENDORSEMENT on re: 102 Letter, filed by Julia Ramsay−Nobles. ENDORSEMENT: You will seek to add new defendants via a second amended complaint. Assuming I grant the motion, many procedural steps will need to be accomplished−service, analysis of representation by the A.G., the hiring of counsel if the A.G. decides to represent. It is probably not your fault that you have not sought to add new parties until the close of fact discovery, but by doing so you have reset the clock. Can't get around that, I will not allow an open ended extension. The motion for leave to amend will be decided next week. If leave is granted (1) Service must be accomplished on any new defendant by March 30 (2) representation analysis must be completed and a decision made by April 27 (3) any defendant who is not represented by the A.G. must appear by his/her own attorney by May 31 (4) depositions of new defendants must be completed by June 29 (5) any other additional discovery must be completed by July 31 − including expert discovery (6) the State's expert reports are due by May 18 There is no need to abide the new EBTs. ( Deposition due by 6/29/2018., Discovery due by 7/31/2018., Expert Discovery due by 7/31/2018., Service due by 3/30/2018.) (Signed by Judge Colleen McMahon on 3/2/2018) (kgo) (Entered: 03/06/2018)
104 MOTION for Leave to File Supplemental Memorandum in Further Support of Plaintiff's Motion for Leave to File a Second Amended Complaint . Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ). (Attachments: # 1 Supplemental Memorandum in Further Support of Plaintiff's Motion for Leave to File a Second Amended Complaint, # 2 Exhibit I, to the Supplemental Memorandum)(Gelernter, Eugene) (Entered: 03/08/2018)
105 MEMO ENDORSEMENT granting 93 Letter Motion for Leave to File Document. ENDORSEMENT: The motion is GRANTED. (Signed by Judge Colleen McMahon on 3/20/2018) (kgo) (Entered: 03/20/2018)
ADD PARTY FOR PLEADING. Defendants/Respondents Timothy Bunch, Daniel Walter, Joseph Daddezio, Kevin Darling, James Steinberg, Jr, Felix Santos, Michael Weir added. Party added pursuant to 53 Amended Complaint,.Document filed by Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay−Nobles(Individually ). Related document: 53 Amended Complaint,.(Gelernter, Eugene) (Entered: 03/22/2018)
106 FILING ERROR − DEFICIENT PLEADING − FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending 53 Amended Complaint, against Timothy Bunch, Edward Burnett, Joseph Daddezio, Kevin Darling, John Frunzi, William Keyser, Sin Ho Lee, Felix Santos, Senior Sullivan Officers, Senior Sullivan Officers 1−19, James Steinberg, Jr, Sullivan Correction Officers, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte with JURY DEMAND.Document filed by Julia Ramsay−Nobles(Individually ), Julia

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Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Related document: 53 Amended Complaint,. (Attachments: # 1 Certificate of Merit)(Gelernter, Eugene) Modified on 3/23/2018 (vf). (Entered: 03/22/2018)
107 FILING ERROR − DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Timothy Bunch, re: 106 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) Modified on 3/23/2018 (vf). (Entered: 03/22/2018)
108 FILING ERROR − DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Daddezio, re: 106 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) Modified on 3/23/2018 (vf). (Entered: 03/22/2018)
109 FILING ERROR − DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Kevin Darling, re: 106 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) Modified on 3/23/2018 (vf). (Entered: 03/22/2018)
110 FILING ERROR − DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Felix Santos, re: 106 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) Modified on 3/23/2018 (vf). (Entered: 03/22/2018)
111 FILING ERROR − DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to James Steinberg Jr., re: 106 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) Modified on 3/23/2018 (vf). (Entered: 03/22/2018)
112 FILING ERROR − DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Walter, re: 106 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) Modified on 3/23/2018 (vf). (Entered: 03/22/2018)
113 FILING ERROR − DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Michael Weir, re: 106 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) Modified on 3/23/2018 (vf). (Entered: 03/22/2018)
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eugene Martin Gelernter to RE−FILE re: Document No. 106 Second Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading( Senior Sullivan Officers 1−18; Sullivan Correction Officers 1−14; Dr. Seung Ho Lee) were not entered on CM ECF; wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re−file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents − attach the correct signed PDF − select the individually named filer/filers − select the individually named party/parties the pleading is against. (vf) (Entered: 03/23/2018)
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eugene Martin Gelernter. The party information for the following party/parties has been modified: John Frunzi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) (Entered: 03/23/2018)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eugene Martin Gelernter to

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RE−FILE Document No. 112 Request for Issuance of Summons, 113 Request for Issuance of Summons, 109 Request for Issuance of Summons, 111 Request for Issuance of Summons, 108 Request for Issuance of Summons, 110 Request for Issuance of Summons, 107 Request for Issuance of Summons. The filing is deficient for the following reason(s): defendant party name errors; party names must correspond to pleading. The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re−file the document using the event type Request for Issuance of Summons found under the event list Service of Process − select the correct filer/filers − and attach the correct summons form PDF. (vf) (Entered: 03/23/2018)
ADD PARTY FOR PLEADING. Defendants/Respondents Senior Sullivan Officers 1−18, Sullivan Correction Officers 1−14, Seung Ho Lee added. Party added pursuant to 106 Amended Complaint,,.Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Related document: 106 Amended Complaint,,.(Gelernter, Eugene) (Entered: 03/23/2018)
114 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − AMENDED COMPLAINT amending 106 Amended Complaint,, 53 Amended Complaint, against Timothy Bunch, Edward Burnett, Joseph Daddezio, Kevin Darling, John Frunzi, Seung Ho Lee, William Keyser, Felix Santos, Senior Sullivan Officers 1−18, James Steinberg, Jr, Sullivan Correction Officers 1−14, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte with JURY DEMAND.Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Related document: 106 Amended Complaint,, 53 Amended Complaint,. (Attachments: # 1 Certificate of Merit)(Gelernter, Eugene) Modified on 3/23/2018 (vf). (Entered: 03/23/2018)
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eugene Martin Gelernter to RE−FILE Document No. 114 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re−file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents − attach the correct signed PDF − select the individually named filer/filers − select the individually named party/parties the pleading is against. (vf) (Entered: 03/23/2018)
115 SECOND AMENDED COMPLAINT amending 114 Amended Complaint,,, 106 Amended Complaint,, 53 Amended Complaint, against Timothy Bunch, Edward Burnett, Joseph Daddezio, Kevin Darling, John Frunzi, Seung Ho Lee, William Keyser, Felix Santos, Senior Sullivan Officers 1−18, James Steinberg, Jr, Sullivan Correction Officers 1−14, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte with JURY DEMAND.Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Related document: 114 Amended Complaint,,, 106 Amended Complaint,, 53 Amended Complaint,. (Attachments: # 1 Certificate of Merit)(Gelernter, Eugene) (Entered: 03/23/2018)
116 REQUEST FOR ISSUANCE OF SUMMONS as to Timothy Bunch, re: 115 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 03/23/2018)
117 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Daddezio, re: 115 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 03/23/2018)
118 REQUEST FOR ISSUANCE OF SUMMONS as to Kevin Darling, re: 115 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 03/23/2018)

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119 REQUEST FOR ISSUANCE OF SUMMONS as to Felix Santos, re: 115 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 03/23/2018)
120 REQUEST FOR ISSUANCE OF SUMMONS as to James Steinberg Jr., re: 115 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 03/23/2018)
121 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Walter, re: 115 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 03/23/2018)
122 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Weir, re: 115 Amended Complaint,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 03/23/2018)
123 ELECTRONIC SUMMONS ISSUED as to Timothy Bunch. (vf) (Entered: 03/26/2018)
124 ELECTRONIC SUMMONS ISSUED as to Joseph Daddezio. (vf) (Entered: 03/26/2018)
125 ELECTRONIC SUMMONS ISSUED as to Kevin Darling. (vf) (Entered: 03/26/2018)
126 ELECTRONIC SUMMONS ISSUED as to Felix Santos. (vf) (Entered: 03/26/2018)
127 ELECTRONIC SUMMONS ISSUED as to James Steinberg, Jr. (vf) (Entered: 03/26/2018)
128 ELECTRONIC SUMMONS ISSUED as to Daniel Walter. (vf) (Entered: 03/26/2018)
129 ELECTRONIC SUMMONS ISSUED as to Michael Weir. (vf) (Entered: 03/26/2018)
130 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Timothy Bunch served on 3/28/2018, answer due 4/18/2018. Document filed by Julia Ramsay−Nobles(Individually ); Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/02/2018)
131 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Joseph Daddezio served on 3/28/2018, answer due 4/18/2018. Document filed by Julia Ramsay−Nobles(Individually ); Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/02/2018)
132 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Kevin Darling served on 3/28/2018, answer due 4/18/2018. Document filed by Julia Ramsay−Nobles(Individually ); Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/02/2018)
133 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Felix Santos served on 3/28/2018, answer due 4/18/2018. Document filed by Julia Ramsay−Nobles(Individually ); Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/02/2018)
134 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. James Steinberg, Jr served on 3/28/2018, answer due 4/18/2018. Document filed by Julia Ramsay−Nobles(Individually ); Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/02/2018)
135 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Daniel Walter served on 3/28/2018, answer due 4/18/2018. Document filed by Julia Ramsay−Nobles(Individually ); Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/02/2018)
136 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Michael Weir served on 3/28/2018, answer due 4/18/2018. Document filed by Julia Ramsay−Nobles(Individually ); Julia Ramsay−Nobles(as Administratrix of the Estate

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of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/02/2018)
137 LETTER MOTION for Conference − request for a pre−motion discovery conference regarding document request disputes addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated April 2, 2018. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Gelernter, Eugene) (Entered: 04/02/2018)
138 LETTER MOTION to Stay addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 3, 2018. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 04/03/2018)
139 ORDER SCHEDULING CONFERENCE: The Court has received and reviewed plaintiff's April 2, 2018 letter−motion (Dkt. No. 137) requesting a conference regarding a discovery dispute related to defendants' alleged refusal to respond to certain of plaintiffs' discovery requests. Defendants shall file their response no later than April 9, 2018. The Court will hold a conference regarding the dispute on April 20, 2018, at 11:00 a.m., in Courtroom 20A. (As further set forth in this Order.) (Responses due by 4/9/2018, Status Conference set for 4/20/2018 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/3/2018) (cf) (Entered: 04/03/2018)
140 ORDER denying 138 Letter Motion to Stay. I am trying to move this very old case. I will extend no deadlines and issue no stays. If Judge Moses wants to do so, she and I will talk. (Signed by Judge Colleen McMahon on 4/4/2018) (kgo) Modified on 5/29/2018 (kgo). (Entered: 04/04/2018)
141 LETTER MOTION to Stay re: 140 Order on Motion to Stay RECONSIDERATION addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 4, 2018. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 04/04/2018)
142 LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from Eugene M. Gelernter dated 4/04/2018 re: 141 LETTER MOTION to Stay re: 140 Order on Motion to Stay RECONSIDERATION addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 4, 2018. . Document filed by Julia Ramsay−Nobles(Individually ). (Gelernter, Eugene) (Entered: 04/04/2018)
143 ANSWER to 115 Amended Complaint,, with JURY DEMAND. Document filed by Seung Ho Lee.(Silverberg, Steven) (Entered: 04/05/2018)
144 FIRST LETTER MOTION for Extension of Time to File Answer to Second Amended Complaint addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 5, 2018. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Vogel, Kristen) (Entered: 04/05/2018)
145 ORDER denying 141 Letter Motion to Stay. Answer the pending discovery request now. If the addition of a new defendant would create a conflict, for the old, it is the new defendant, not existing parties, who must find new counsel. (Signed by Judge Colleen McMahon on 4/5/2018) (kgo) (Entered: 04/06/2018)
146 LETTER MOTION to Substitute Attorney. Old Attorney: New Attorney: addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 9, 2018. Document filed by Edward Burnett, John Frunzi, Seung Ho Lee, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 04/09/2018)
147 ORDER granting 144 Letter Motion for Extension of Time to Answer. OK. Edward Burnett answer due 5/4/2018; John Frunzi answer due 5/4/2018; William Keyser answer due 5/4/2018; Shane Topel answer due 5/4/2018; Bruce Tucker answer due 5/4/2018; Steven Witte answer due 5/4/2018. (Signed by Judge Colleen McMahon on 4/9/2018) (kgo) (Entered: 04/09/2018)
148 LETTER addressed to Magistrate Judge Barbara C. Moses from Kristen R. Vogel dated April 9, 2018 re: response to plaintiff's letter dated April 2, 2018. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker,

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Steven Witte.(Vogel, Kristen) (Entered: 04/09/2018)
149 MEMO ENDORSEMENT with respect to 146 Letter Motion to Substitute Attorney.. ENDORSEMENT: Telephone conference scheduled for tomorrow, 4/11/18 @ 10:45 A.M. Mrs. Durden to initiate call to Chambers with opposing counsel. (Signed by Judge Colleen McMahon on 4/10/2018) (kgo) (Entered: 04/10/2018)
Set/Reset Hearings: Telephone Conference set for 4/11/2018 at 10:45 AM before Judge Colleen McMahon. (kgo) (Entered: 04/10/2018)
Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 4/11/2018. (Submitted by Kelsey Russell). (mde) (Entered: 04/11/2018)
150 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated April 11, 2018 re: 137 LETTER MOTION for Conference − request for a pre−motion discovery conference regarding document request disputes addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated April 2, 2018. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gelernter, Eugene) (Entered: 04/11/2018)
151 MEMO ENDORSEMENT on re: 148 Letter, filed by William Keyser, Steven Witte, Edward Burnett, John Frunzi, Bruce Tucker, Shane Topel. ENDORSEMENT: Application DENIED. The discovery conference scheduled for April 20, 2018 will go forward as scheduled. Any further argument on the pending discovery dispute may be presented at the conference. (Signed by Magistrate Judge Barbara C. Moses on 4/13/2018) (cf) (Entered: 04/13/2018)
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 4/20/2018. (Snell, Kevin) (Entered: 04/20/2018)
152 ORDER. For the reasons stated on the record at today's discovery conference, defendants shall produce all Use of Force and relevant Unusual Incident Reports involving defendant CO Bruce Tucker from April 13, 2010 onward; defendant Tucker need not reactivate his Facebook account. The Clerk of Court is respectfully directed to close the letter−motion at Dkt. No. 137. So ordered. Terminating 137 LETTER MOTION for Conference − request for a pre−motion discovery conference regarding document request disputes addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated April 2, 2018. Document filed by Julia Ramsay−Nobles (Individually), Julia Ramsay−Nobles (as Administratrix of the Estate of Karl Taylor, Deceased). (Signed by Magistrate Judge Barbara C. Moses on 4/20/2018) (rjm) (Entered: 04/23/2018)
153 NOTICE OF CHANGE OF ADDRESS by Kristen Rose Vogel on behalf of Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. New Address: New York Office of the Attorney General, 28 Liberty Street, 18th Floor, New York, New York, United States 10005, 212−416−8606. (Vogel, Kristen) (Entered: 04/23/2018)
154 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 26, 2018., LETTER MOTION to Stay addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 26, 2018. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 04/26/2018)
155 LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Eugene M. Gelernter dated April 26, 2018 re: 154 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 26, 2018. LETTER MOTION to Stay addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 26, 2018. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/26/2018)
156 MEMO ENDORSEMENT on re: 155 Response to Motion,, filed by Julia Ramsay−Nobles. ENDORSEMENT: Sorry − they have no choice but to withdraw. (Signed by Judge Colleen McMahon on 4/27/2018) (kgo) (Entered: 04/27/2018)

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157 ORDER granting 146 Letter Motion to Substitute Attorney; granting 154 Letter Motion for Extension of Time to Answer ; granting 154 Letter Motion to Stay. I am sorry this fell through the cracks. Your application to withdraw is granted. 30 days to retain substitute counsel. Attorney Rebecca Ann Durden terminated. (Signed by Judge Colleen McMahon on 4/27/2018) (kgo) (Entered: 04/27/2018)
158 ANSWER to 115 Amended Complaint,, with JURY DEMAND. Document filed by Edward Burnett, William Keyser.(Durden, Rebecca) (Entered: 05/04/2018)
159 LETTER MOTION to Stay addressed to Judge Colleen McMahon from Kirk O. Orseck dated May 23, 2018. Document filed by Steven Witte.(Orseck, Gerald) (Entered: 05/23/2018)
160 LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Eugene M. Gelernter dated 5/24/2018 re: 159 LETTER MOTION to Stay addressed to Judge Colleen McMahon from Kirk O. Orseck dated May 23, 2018. . Document filed by Julia Ramsay−Nobles(Individually ). (Gelernter, Eugene) (Entered: 05/24/2018)
161 MEMO ENDORSEMENT on re: 159 LETTER MOTION to Stay addressed to Judge Colleen McMahon from Kirk O. Orseck dated May 23, 2018. filed by Steven Witte. ENDORSEMENT: This issue appears to be within the scope of the reference (Dkt. No. 34) to the undersigned Magistrate Judge. It is hereby ORDERED that plaintiff shall not move to compel compliance with the DOCCS subpoena, nor serve any new discovery requests on or concerning the eleven currently unrepresented officer defendants, until one week after new counsel have appeared for those defendants. (Signed by Magistrate Judge Barbara C. Moses on 5/25/2018) (cf) (Entered: 05/25/2018)
162 MEMO ENDORSEMENT on re: 159 LETTER MOTION to Stay addressed to Judge Colleen McMahon from Kirk O. Orseck dated May 23, 2018 filed by Steven Witte. ENDORSEMENT: No wholesale stay of discovery, get out the case now. (Signed by Judge Colleen McMahon on 5/29/2018) (mml) (Entered: 05/29/2018)
163 NOTICE OF APPEARANCE by Gerald Orseck on behalf of Shane Topel, Bruce Tucker, Steven Witte. (Orseck, Gerald) (Entered: 05/29/2018)
164 NOTICE OF APPEARANCE by Gerald Orseck on behalf of John Frunzi. (Orseck, Gerald) (Entered: 05/29/2018)
165 NOTICE OF APPEARANCE by Gerald Orseck on behalf of Timothy Bunch, Joseph Daddezio, Kevin Darling, Felix Santos, James Steinberg, Jr, Daniel Walter, Michael Weir. (Orseck, Gerald) (Entered: 05/31/2018)
166 LETTER MOTION for Conference to resolve a dispute re: depositions addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated June 13, 2018. Document filed by Julia Ramsay−Nobles(Individually ). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Mangi, Adeel) (Entered: 06/13/2018)
167 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Rebecca Ann Durden dated June 15, 2018 re: 166 LETTER MOTION for Conference to resolve a dispute re: depositions addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated June 13, 2018. . Document filed by Edward Burnett, William Keyser. (Attachments: # 1 Exhibit)(Durden, Rebecca) (Entered: 06/15/2018)
168 ORDER: The Court has received and reviewed plaintiff's letter dated June 13, 2018 (Dkt. No. 166), requesting a discovery conference related to the depositions of two non−party Correction Officers, and the opposition letter of defendants Superintendent Keyser and Deputy Superintendent Burnett filed today. (Dkt. No. 167.) Any other opposition shall be filed no later than Monday, June 18, 2018. Plaintiff's optional reply shall be filed no later than Tuesday, June 19, 2018. The Court will then determine whether a conference is necessary. SO ORDERED., ( Responses due by 6/18/2018, Replies due by 6/19/2018.) (Signed by Magistrate Judge Barbara C. Moses on 6/15/2018) (ama) (Entered: 06/15/2018)
169 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated June 19, 2018 re: 166 LETTER MOTION for Conference to resolve a dispute re: depositions addressed to Magistrate Judge Barbara

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C. Moses from Adeel A. Mangi dated June 13, 2018. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) (Entered: 06/19/2018)
170 ORDER granting 166 Letter Motion for Conference. Before the Court is plaintiff's letter−application dated June 13, 2018 (Dkt. No. 166), the opposition letter of Superintendent Keyser and Deputy Superintendent Burnett dated June 15, 2018 (Dkt. No. 167), and plaintiff's reply letter dated June 19, 2018. (Dkt. No. 169.) In her letter−application, plaintiff seeks permission to take the depositions of two non−party correction officers, Michael Black and Darren Hendrickson, who were assigned to monitor live video feeds from areas in Sullivan Correctional Facility (Sullivan) where some of the incidents underlying this action took place; as further set forth herein. Plaintiff's application is GRANTED. Plaintiff may take the depositions of Black and Hendrickson, for up to three and a half hours each, in place of a previously−scheduled full−day deposition. The Black and Hendrickson depositions shall be scheduled for a date and time prior to July 31, 2018 that is reasonably convenient for Black and Hendrickson, their counsel, and counsel for all the parties to this action. (Signed by Magistrate Judge Barbara C. Moses on 6/22/2018) (mro) (Entered: 06/25/2018)
171 ANSWER to 115 Amended Complaint,, with JURY DEMAND., CROSSCLAIM against Seung Ho Lee., ***STRICKEN DOCUMENT. COUNTERCLAIMS stricken from the case record. The document was stricken from this case pursuant to 237 Order on Motion to Strike, Order on Motion to Amend/Correct . (anc) COUNTERCLAIM against Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Document filed by Kevin Darling, Felix Santos, Timothy Bunch, Daniel Walter, Michael Weir, Shane Topel, Bruce Tucker, John Frunzi, James Steinberg, Jr, Joseph Daddezio, Steven Witte.(Orseck, Gerald) Modified on 12/20/2018 (anc). (Entered: 07/05/2018)
172 MOTION to Dismiss Cross−Claim. Document filed by Seung Ho Lee.(Hechtkopf, Helene) (Entered: 07/26/2018)
173 MEMORANDUM OF LAW in Support re: 172 MOTION to Dismiss Cross−Claim. . Document filed by Seung Ho Lee. (Hechtkopf, Helene) (Entered: 07/26/2018)
174 MOTION to Strike Document No. 171 Counterclaims. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 07/26/2018)
175 MEMORANDUM OF LAW in Support re: 174 MOTION to Strike Document No. 171 Counterclaims. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 07/26/2018)
176 FIRST LETTER addressed to Judge Colleen McMahon from Orseck Law Offices, PLLC. By: Kirk Orseck, Esq. dated August 3, 2018 re: New Scheduling Order. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Gerald) (Entered: 08/03/2018)
177 LETTER addressed to Judge Colleen McMahon from Eugene M. Gelernter dated August 6, 2018 re: responding to Mr. Orseck's letter dated August 2, 2018, Dkt. No. 176. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Gelernter, Eugene) (Entered: 08/06/2018)
178 LETTER MOTION for Conference (pre−motion discovery conference) addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated August 10, 2018. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Gelernter, Eugene) (Entered: 08/10/2018)
179 MEMO ENDORSEMENT on re: 176 Letter, filed by Michael Weir, Steven Witte, Joseph Daddezio, Kevin Darling, John Frunzi, Shane Topel, James Steinberg, Jr, Timothy Bunch, Bruce Tucker, Felix Santos, Daniel Walter. ENDORSEMENT: Extension denied as requested. I will reopen and extend the discovery deadline for the

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newly added officers only to 10/3/2018. That is to complete discovery, not to serve demands. There will be no further extensions. (Signed by Judge Colleen McMahon on 8/13/2018) (mml) (Entered: 08/13/2018)
Set/Reset Deadlines: Discovery due by 10/3/2018. (mml) (Entered: 08/13/2018)
180 LETTER addressed to Judge Colleen McMahon from Eugene M. Gelernter dated August 16, 2018 re: potential conflict of interest. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Gelernter, Eugene) (Entered: 08/16/2018)
181 LETTER addressed to Judge Colleen McMahon from Helene R. Hechtkopf dated August 16, 2018 re: Defendant Lee's request to deem his motion to dismiss the crossclaim fully briefed and unopposed. Document filed by Seung Ho Lee.(Silverberg, Steven) (Entered: 08/16/2018)
182 MOTION for Extension of Time to File Response/Reply by letter to Judge McMahon. Document filed by Shane Topel, Bruce Tucker, Steven Witte.(Orseck, Gerald) (Entered: 08/17/2018)
183 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non−Dispositive Motion/Dispute, See letter Dkt # 180. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Colleen McMahon on 8/17/2018) (mml) (Entered: 08/17/2018)
184 LETTER addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated August 17, 2018 re: Plaintiff's request for a pre−motion conference. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 08/17/2018)
185 LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from Eugene M. Gelernter dated August 17, 2018 re: 182 MOTION for Extension of Time to File Response/Reply by letter to Judge McMahon. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 08/17/2018)
186 ORDER granting in part and denying in part 178 Letter Motion for Conference. The Court has received and reviewed plaintiff's unopposed letter−application dated August 10, 2018 (Dkt. No. 178), seeking an order compelling the "officer defendants" to comply with plaintiff's February 23, 2018 requests for admission, and plaintiff's June 18, 2018 requests for production. In light of the District Judge's August 13, 2018 Order (Dkt. No. 179), it is hereby ORDERED that the application is GRANTED to the following extent: the officer defendants shall respond to plaintiff's outstanding written discovery demands no later than August 31, 2018. By the same date, defendants Bunch, Walter, Daddezio, Darling, Steinberg, Santos, and Weir shall produce all non−privileged, responsive documents, as well as their privilege log, in accordance with Local Civil Rule 26.2, with respect to any documents withheld on that basis. (Signed by Magistrate Judge Barbara C. Moses on 8/17/2018) (cf) (Entered: 08/17/2018)
187 ORDER: The correction officer defendants shall respond (and any other defendants may respond) no later than August 22, 2018. Plaintiff's optional reply shall be filed no later than August 24, 2018. The Court will determine whether and what form of hearing is necessary after reviewing the parties' submissions. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 8/17/2018) (cf) (Entered: 08/17/2018)
188 ORDER granting 182 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. Responses due by 8/22/2018. (Signed by Judge Colleen McMahon on 8/20/2018) (mml) (Entered: 08/20/2018)
189 PROPOSED SCHEDULING ORDER. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 08/21/2018)

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190 FILING ERROR − DEFICIENT DOCKET ENTRY − CROSS MOTION consenting to portion of plaintiff's motion and seeking leave to amend answer to plaintiff's second amended complaint so as to include counterclaim for cross−movants . Document filed by Shane Topel, Bruce Tucker, Steven Witte. (Attachments: # 1 Memorandum of Law)(Orseck, Gerald) Modified on 8/28/2018 (ldi). (Entered: 08/22/2018)
191 LETTER addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated August 24, 2018 re: Plaintiff's letter dated August 16, 2018 addressing a conflict of interest for the Orseck Law Offices PLLC [Dkt. No. 180]. Document filed by Julia Ramsay−Nobles(Individually ).(Gelernter, Eugene) (Entered: 08/24/2018)
192 LETTER MOTION for Extension of Time to File Response/Reply to plaintiff's motion addressed to Magistrate Judge Barbara C. Moses from Kirk O. Orseck dated August 24, 2018. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Gerald) (Entered: 08/24/2018)
193 REPLY MEMORANDUM OF LAW in Support re: 174 MOTION to Strike Document No. 171 Counterclaims. and in Opposition re: 190 CROSS MOTION for leave to amend. Document filed by Julia Ramsay−Nobles(Individually ). (Gelernter, Eugene) (Entered: 08/24/2018)
194 ORDER granting 192 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. Responses due by 8/31/2018. (Signed by Magistrate Judge Barbara C. Moses on 8/24/2018) (ne) (Entered: 08/24/2018)
***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gerald Orseck to RE−FILE Document 190 CROSS MOTION consenting to portion of plaintiff's motion and seeking leave to amend answer to plaintiff's second amended complaint so as to include counterclaim for cross−movants . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 08/28/2018)
195 CROSS MOTION to Amend/Correct answer to plaintiff's second amended complaint so as to add counterclaims. Document filed by Shane Topel, Bruce Tucker, Steven Witte.(Orseck, Gerald) (Entered: 08/28/2018)
196 MEMORANDUM OF LAW in Support re: 195 CROSS MOTION to Amend/Correct answer to plaintiff's second amended complaint so as to add counterclaims. . Document filed by Shane Topel, Bruce Tucker, Steven Witte. (Orseck, Gerald) (Entered: 08/28/2018)
197 AFFIDAVIT of Kirk O. Orseck in Opposition re: 178 LETTER MOTION for Conference (pre−motion discovery conference) addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated August 10, 2018.. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Gerald) (Entered: 08/31/2018)
198 MEMO ENDORSEMENT on re: 197 Affidavit in Opposition to Motion, filed by Michael Weir, Steven Witte, Joseph Daddezio, Kevin Darling, John Frunzi, Shane Topel, James Steinberg, Jr, Timothy Bunch, Bruce Tucker, Felix Santos, Daniel Walter. ENDORSEMENT: Defendants are reminded that this matter is within the scope of the reference to Judge Moses. (Dkt. No. 183.) All letter briefs and other communications regarding this matter should be directed to Judge Moses. Plaintiff may reply by close of business tomorrow. (Signed by Magistrate Judge Barbara C. Moses on 9/4/2018) (cf) Modified on 12/17/2018 (cf). (Entered: 09/04/2018)
199 NOTICE of Withdrawal. Document filed by Edward Burnett, William Keyser. (Vogel, Kristen) (Entered: 09/04/2018)
200 MEMO ENDORSEMENT on re: 199 Notice (Other) filed by William Keyser, Edward Burnett. ENDORSEMENT: Ok. Attorney Kristen Rose Vogel terminated. (Signed by Judge Colleen McMahon on 9/12/2018) (mml) (Entered: 09/12/2018)

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201 ORDER: The Court will hold a telephonic conference regarding plaintiff's application on Tuesday, October 2, 2018, at 11:00 a.m. Counsel for the parties are directed to call chamber at (212) 805−0228 at that time, with all attorneys on one line. If any party has an unavoidable scheduling conflict, that party's counsel must promptly telephone chambers with two proposed alternative dates, acceptable to all counsel, for a morning telephonic conference. (As further set forth in this Order.) (Telephone Conference set for 10/2/2018 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/24/2018) (cf) (Entered: 09/24/2018)
202 LETTER MOTION for Conference − requesting a pre−motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated September 24, 2018. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 09/24/2018)
203 LETTER addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated October 1, 2018 re: non−response to 9/24/18 letter motion for pre−motion discovery conference. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 10/01/2018)
204 NOTICE OF APPEARANCE by Colleen Kelly Faherty on behalf of Edward Burnett, William Keyser. (Faherty, Colleen) (Entered: 10/01/2018)
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 10/2/2018. (Snell, Kevin) (Entered: 10/02/2018)
205 ORDER: It is hereby ORDERED that counsel for plaintiff and for the Officer Defendants shall meet and confer promptly and in good faith to develop a form of declaration, to be presented to each Officer Defendant for review, that outlines the potential conflicts both those inherent in a joint representation and those arising from the evidence adduced thus far in this action; includes illustrative examples; and permits each Officer Defendant to confirm (if he wishes to do so) that after reviewing the declaration, and having had the opportunity to consult independent counsel, he understands the potential for conflict and its ramifications and has knowingly and voluntarily chosen to proceed with the joint representation. Counsel shall submit the proposed form of declaration to the Court no later than October 9, 2018, by means of a status letter filed on ECF. If the relevant parties are unable to agree on a single form of declaration, they must provide both versions (preferably with a redline highlighting the differences) without argument. The Court will then set a schedule for finalizing the declaration and presenting it to the Officer Defendants, and as further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/2/2018) (jca) (Entered: 10/02/2018)
206 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Kirk O. Orseck dated October 3, 2018 re: 202 LETTER MOTION for Conference − requesting a pre−motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated September 24, 2018. . Document filed by Sullivan Correction Officers 1−14. (Orseck, Gerald) (Entered: 10/04/2018)
207 ORDER Plaintiff may reply to the Officer Defendants' October 3, 2018 opposition letter (Dkt. No. 206), in two pages or less, by close of business Friday, October 5, 2018. (Signed by Magistrate Judge Barbara C. Moses on 10/04/18)(cdy) (Entered: 10/04/2018)
208 LETTER addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated October 5, 2018 re: reply to the Orseck Firm's October 4, 2018 letter (Dkt. No. 206). Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit A, Correspondences from July and August 2018)(Mangi, Adeel) (Entered: 10/05/2018)
209 STATUS REPORT. addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated October 9, 2018 re: proposed form of declaration regarding representation conflicts pursuant to the Courts Order (Dkt. No. 205 Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit A, draft declaration sent

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to K Orseck on October 4 with placeholder, # 2 Exhibit B, declaration with K Orseck theory of defense, # 3 Exhibit C, unreturned emails to K Orseck)(Mangi, Adeel) (Entered: 10/09/2018)
210 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MOTION Modification to Proposed Declaration submitted as part of Status Report: ECF No. 209 re: 209 Status Report,, . Document filed by Edward Burnett, William Keyser. (Attachments: # 1 Appendix proposed language)(Durden, Rebecca) Modified on 11/5/2018 (db). (Entered: 10/10/2018)
211 ORDER TO SHOW CAUSE: It is now Monday, October 15, 2018. Orseck has not filed its proposed form of declaration (much less a joint form) on the public docket. Nor is there any evidence that it has met and conferred with Patterson as required (or even served its proposed form on Patterson). Consequently, it is hereby ORDERED that Orseck shall place its proposed form of declaration on the electronic docket of this action no later than 5:00 p.m. today, October 15, 2018. It is FURTHER ORDERED that Orseck shall SHOW CAUSE IN WRITING, no later than 5:00 p.m. on Tuesday, October 16, 2018: (a) Why Orseck should not be sanctioned pursuant to Fed. R. Civ. P. 16(f)(1)(C) and/or this Court's inherent authority for its continuing and unexcused failure to comply with the October 2 Order; and (b) Why the Court should not require Orseck to include, in the form of declaration presented to the Officer Defendants, the fact that Orseck has repeatedly failed to comply with Court−ordered deadlines in this action, including the October 9 deadline to comply with the October 2 Order. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 10/15/2018) (cf) (Main Document 211 replaced on 10/15/2018) (cf). (Entered: 10/15/2018)
212 WAIVER re: Waiver of Potential Conflict. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Gerald) (Entered: 10/15/2018)
213 ***STRICKEN DOCUMENT. Deleted document number 213 from the case record. The document was stricken from this case pursuant to 215 Order on Motion for Conference . (anc) LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated October 16, 2018 re: 202 LETTER MOTION for Conference − requesting a pre−motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated September 24, 2018. Re: outstanding documents from Oreck and other unresolved issues.. Document filed by Julia Ramsay−Nobles(Individually ). (Mangi, Adeel) Modified on 10/17/2018 (anc). (Entered: 10/16/2018)
214 LETTER addressed to Magistrate Judge Barbara C. Moses from Kirk O. Orseck dated October 16, 2018 re: Order to Show Cause Regarding Conflict Waivers. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Gerald) (Entered: 10/16/2018)
215 ORDER granting 202 Letter Motion for Conference. The Court has received and reviewed plaintiffs letter dated September 24, 2018 (Dkt. No. 202), requesting a pre−motion discovery conference concerning discovery due to plaintiff from the individual correctional officer defendants (Officer Defendants); plaintiff's follow−up letter dated October 1, 2018 (Dkt. No. 203); the Officer Defendants' response letter dated October 3, 2018 (Dkt. No. 206); plaintiff's reply letter dated October 5, 2018 (Dkt. No. 208); and plaintiff's unauthorized sur−reply letter dated October 16, 2018 (Dkt. No. 213), which is hereby STRICKEN because no sur−rely was authorized. The Court will hold a discovery conference concerning the issues raised in the remaining letters on October 25, 2018 at 10:30 a.m. If any party has an unavoidable scheduling conflict, his or her counsel must promptly telephone Judge Moses' courtroom deputy at (212) 805−0228 with two proposed alternative dates, acceptable to all counsel, for a morning telephone conference to occur in the next two weeks. Orseck is required, on or before October 24, 2018 at 5:00 p.m., to submit, via ECF, a joint status letter (that is, a letter that has been developed together with Patterson and reflects Patterson's input) updating the Court on the parties' progress and attaching their most current form of proposed declaration. In the event counsel are unable to reach agreement on a single form, Orseck shall instead attach to the joint status letter a redline comparing the

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parties' proposed language, so that the Court can easily identify any areas of disagreement. Although both Patterson and Orseck are required to participate in the meet−and−confer and the preparation of the joint status letter, Orseck is responsible for ensuring that the joint status letter and attachment are timely filed. SO ORDERED. (Discovery Hearing set for 10/25/2018 at 10:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/17/2018) (anc) Modified on 10/18/2018 (anc). (Entered: 10/17/2018)
***STRICKEN DOCUMENT. Deleted document number 213 from the case record. The document was stricken from this case pursuant to 215 Order on Motion for Conference. (anc) (Entered: 03/04/2019)
216 LETTER addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated October 19, 2018 re: discovery conference set for October 25, 2018. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit A, email correspondence re scheduling)(Gelernter, Eugene) (Entered: 10/19/2018)
217 MEMO ENDORSEMENT on re: 216 Letter, filed by Julia Ramsay−Nobles. ENDORSEMENT: Application GRANTED. The discovery conference set for October 25, 2018 is adjourned to November 5, 2018, at 9:30 a.m. Counsel for the Officer Defendants (Orseck) shall file the joint status letter described in the Court's Order dated October 17, 2018 (Dkt. No. 215) no later than October 29, 2018, at 5:00 p.m. All other provisions m the Court's Order dated October 17, 2018 remain in effect. SO ORDERED. (Discovery Hearing set for 11/5/2018 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/22/2018) (anc) (Entered: 10/22/2018)
218 PROPOSED SCHEDULING ORDER. Document filed by Edward Burnett, William Keyser. (Durden, Rebecca) (Entered: 10/23/2018)
219 STATUS REPORT. Waiver of Conflict Letter Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Gerald) (Entered: 10/29/2018)
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 11/5/2018. (Snell, Kevin) (Entered: 11/05/2018)
220 ORDER: For the reasons stated on the record at this morning's conference: No later than November 6, 2018: Kirk Orseck, Esq. of Orseck Law Offices, PLLC (the Orseck Firm) shall file his notice of appearance as counsel of record for the Officer Defendants. Counsel for plaintiff shall transmit via email, to the Orseck Firm (with copies to all other counsel), a proposed revised draft of the form of the conflict waiver declaration filed on October 29, 2018 (Conflict Waiver Declaration) (Dkt. No. 219), incorporating the changes discussed on the record at today's conference. No later than November 7, 2018, the Orseck Firm and counsel for plaintiff shall meet and confer in "real time" (in person or over the phone), to discuss and resolve any disagreements concerning plaintiff's revisions to the Conflict Waiver Declaration and the draft of the Notice of Non−Waiver, and shall thereafter promptly finalize such documents for distribution to the Officer Defendants. Counsel for the other parties may, but are not required to, participate in the meeting or call. If the parties cannot finalize the Conflict Waiver Declaration and Notice of Non−Waiver by 5:00 p.m. on November 8, 2018, they shall call chambers at that time, with all disagreeing counsel on one line, to schedule a conference with the Court. No later than November 9, 2018: The Orseck Firm shall send to each Officer Defendant, via email and in hard copy, via overnight courier or hand delivery an appropriate cover letter, explaining that each Officer Defendant must return a signed copy of either the Conflict Waiver Declaration or the Notice of Non−Waiver no later than November 19, 2018; Once the Orseck Firm has received the signed Conflict Waiver Declarations and/or Notices of Non−Waiver from the Officer Defendants, it shall promptly submit copies of the signed documents directly to chambers, and shall not file them on the public docket of this action. The signed Conflict Waiver Declarations and/or Notices of Non−Waiver shall not be admissible in connection with the merits of this action. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/05/2018) (ama) (Entered: 11/05/2018)

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221 ORDER RE CONFLICT WAIVER DECLARATION: terminating 210 Motion. It is hereby ORDERED that each of the OFFICER DEFENDANTS shall, no later than November 19, 2018, sign and return to the Orseck Firm either (a) the Conflict WaiverDeclaration, thereby signifying that he has waived the Orseck Firm's conflict of interest and desires that the Orseck Firm continue to represent him in this action, or (b) the Notice of NonWaiver, thereby signifying that he has not waived the Orseck Firm's conflict of interest and instead wishes to change his attorney in this action. It is further ORDERED that if any Officer Defendant fails to return a signed Conflict Waiver Declaration by the date specified above, the Court may conclude that that Officer Defendant has not adequately waived the Orseck Firm's conflict of interest and may require that Officer Defendant to retain new counsel. It is further ORDERED that the Orseck Firm shall send a copy of this Order re Conflict Waiver Declaration to each of the Officer Defendants along with the Conflict Waiver Declaration and the Notice of Non−Waiver. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/05/2018) (ama) (Entered: 11/05/2018)
222 NOTICE OF APPEARANCE by Kirk O. Orseck on behalf of Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 11/06/2018)
223 DISCOVERY ORDER. It is hereby ORDERED that the New Officer Defendants shall do all of the following things on or before November 30, 2018 as further set forth in this Order. It is FURTHER ORDERED that the Orseck Firm (which this Court finds to be primarily responsible for the New Officer Defendants' discovery failures) shall pay plaintiff's reasonable expenses, including attorneys' fees, incurred in obtaining this Order. As noted during the November 5 conference, Fed. R. Civ. P. 37(a)(5) requires such an award when the Court grants a motion to compel discovery, unless one of the exceptions set forth in Rule 37(a)(5)(A)(i)−(iii) would make a fee award unjust. In this case, none of the exceptions applies. Moreover, this Court previously ordered the New Officer Defendants to respond to the Document Requests and produce all non−privileged, responsive documents no later than August 31, 2018. Thus, a fee award is also required pursuant to Rule 37(b)(2)(C). Plaintiff shall submit one or more declarations setting forth her reasonable expenses incurred in obtaining this Order no later than November 9, 2018. In order to recover attorney fees, plaintiff must submit detailed time records, properly authenticated, as well as admissible evidence concerning each timekeeper's background and qualifications, sufficient to evaluate the reasonableness of their charges. The Officer Defendants may submit a response, limited to the amount of the expenses to be awarded, no later than November 19, 2018. There shall be no reply. The New Officer Defendants who are the only parties to this action still out of compliance with their discovery obligations have now missed two Court−ordered deadlines to comply with Rule 34. Should they miss their third deadline, they will not be given a fourth or a fifth. See Fed. R. Civ. P. 37(b)(2)(A) (if a party fails to obey a discovery order, the court may issue "further just orders" up to and including the entry of a default judgment and/or contempt sanctions). SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/7/18) (yv) (Entered: 11/07/2018)
224 DECLARATION of Daniel M. Eisenberg in Support of Plaintiff's Application for Attorney's Fees pursuant to the Court's November 7, 2018 Order (Dkt. No. 223). Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1 − Team fees redacted for filing, # 2 Exhibit 2 − Eisenberg fees redacted for filing, # 3 Exhibit 3 − Biographies)(Eisenberg, Daniel) (Entered: 11/09/2018)
225 ORDER: The Court has received and reviewed plaintiff's letter dated November 9, 2018, submitted directly to chambers pursuant the Court's Individual Practices § II.I, requesting "permission to redact each Patterson Belknap Webb & Tyler LLP attorney's hourly rate" in connection with plaintiff's attorneys' fees application. The application itself was filed in redacted form (with hourly rate information omitted) the same day. (Dkt. No. 224.) Plaintiff's only argument in support of her sealing request is that information regarding plaintiffs lawyers' hourly rates are "commercially sensitive." Plaintiff's request is DENIED. (As further set forth in this Order.) Plaintiff shall promptly refile her fee application, unredacted. (Signed by Magistrate Judge Barbara C. Moses on 11/14/2018) (cf) (Entered: 11/14/2018)

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226 DECLARATION of Daniel M. Eisenberg in Support of Plaintiff's Application for Attorney's Fees (unredacted) pursuant to the Court's November 7, 2018 Order (Dkt. Nos. 223 & 225). Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Team fees, # 2 Exhibit 2, D. Eisenberg fees, # 3 Exhibit 3, Biographies)(Eisenberg, Daniel) (Entered: 11/15/2018)
227 LETTER addressed to Magistrate Judge Barbara C. Moses from Kirk O. Orseck dated 11−19−18 re: Extension to Respond to Plaintiff's Motion for Sanctions. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 11/19/2018)
228 MEMO ENDORSEMENT on re: 227 Letter, filed by Michael Weir, Steven Witte, Joseph Daddezio, Kevin Darling, John Frunzi, Shane Topel, James Steinberg, Jr, Timothy Bunch, Bruce Tucker, Felix Santos, Daniel Walter. ENDORSEMENT: Application GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 11/19/2018) (cf) (Entered: 11/19/2018)
229 AFFIRMATION of Kirk O. Orseck in Opposition. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 11/21/2018)
230 ORDER: For the reasons stated above, plaintiff is awarded $9,855 ($450 times 21.9 hours) in attorneys' fees. Payment is to be made within thirty days of this Order. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/26/2018) (ne) (Entered: 11/26/2018)
231 ORDER: The Court has received and reviewed a letter dated November 19, 2018 from Kirk Orseck of Orseck Law Offices, PLLC (Orseck Firm), submitted directly to chambers via email pursuant to the Court's November 5, 2018 Order (Dkt. No. 220), attaching copies of an executed Waiver of Conflict Declaration signed by each of the eleven correctional officer defendants (Officer Defendants) represented by the Orseck Firm. The execution and submission of the Waiver of Conflict Declarations, on a form agreed to by the plaintiff, resolves the conflict issue raised in plaintiff's letter−application dated August 16, 2018 (Dkt. No. 180), and referred to the undersigned by the District Judge on August 17, 2018. (Dkt. No. 183.) As contemplated by the Court's November 5, 2018 Order, the Orseck Firm shall retain the original executed Waiver of Conflict Declarations in its file. The Court's copies shall be placed under seal. (Signed by Magistrate Judge Barbara C. Moses on 11/26/2018) (mro) (Entered: 11/27/2018)
232 SEALED DOCUMENT placed in vault.(mhe) (Entered: 11/28/2018)
233 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − LETTER MOTION for Conference / Entry of Judgment addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 13, 2018. Document filed by Julia Ramsay−Nobles(Individually ). (Attachments: # 1 Exhibit 1 − Search of Darling Email, # 2 Exhibit 2 − Darling Text Message With Tucker, # 3 Exhibit 3 − Letter to K. Orseck re November 30 Production)(Gelernter, Eugene) Modified on 12/14/2018 (db). (Entered: 12/13/2018)
234 ORDER: Pursuant to § 2(E) of my Individual Practices, the New Officer Defendants shall respond no later than Monday, December 17, 2018. Plaintiff's optional reply shall be filed no later than Wednesday, December 19, 2018. The Court will hold a conference regarding plaintiff's letter on Friday, December 21, 2018, at 10:00 a.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. If any party has an unavoidable scheduling conflict on that date, counsel for that party must promptly telephone Judge Moses's courtroom deputy Kevin Snell at (212) 805−0228 with two proposed alternative times, acceptable to all counsel, for a discovery conference to take place on December 26 or 27, 2018. (As further set forth in this Order.) (Responses due by 12/17/2018, Replies due by 12/19/2018., Status Conference set for 2/21/2018 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/13/2018) (cf) (Entered: 12/13/2018)

12/14/2018 12/17/2018 12/17/2018 12/18/2018
12/19/2018 12/20/2018
12/21/2018
12/21/2018 01/03/2019

***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Notice to Attorney Eugene Martin Gelernter to RE−FILE Document 233 LETTER MOTION for Conference / Entry of Judgment addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 13, 2018. Use the event type Letter found under the event list Other Documents. (db) (Entered: 12/14/2018)
235 MEMO ENDORSED ORDER granting 172 Motion to Dismiss. ENDORSEMENT: Motion GRANTED on consent. (Signed by Judge Colleen McMahon on 12/17/2018) (mml) (Entered: 12/17/2018)
236 AFFIRMATION of Kirk O. Orseck in Opposition re: 233 LETTER MOTION for Conference / Entry of Judgment addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 13, 2018.. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 12/17/2018)
237 MEMORANDUM DECISION GRANTING PLAINTIFF'S MOTION TO STRIKE THE COUNTERCLAIMS FILED BY DEFENDANTS TUCKER, WITTE, AND TOPEL AND DENYING DEFENDANTS TUCKER, WITTE, AND TOPEL'S CROSS MOTION TO AMEND ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT granting 174 Motion to Strike ; denying 195 Motion to Amend/Correct. Based on the foregoing, Plaintiff's Motion to Strike the Counterclaims is GRANTED and Defendants' Motion for Leave to Amend Answer to Plaintiff's Second Amended Complaint is DENIED. The Clerk of Court is respectfully directed to close Dkt Nos. 174 and 195. (*** Party Joseph Daddezio (Correction Officers at the Sullivan Correctional Facility, in their individual capacities)et al. terminated.)(Signed by Judge Colleen McMahon on 12/18/2018) (anc) Modified on 12/20/2018 (anc). (Entered: 12/19/2018)
238 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 19, 2018 re: 233 LETTER MOTION for Conference / Entry of Judgment addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 13, 2018. . Document filed by Julia Ramsay−Nobles(Individually ). (Gelernter, Eugene) (Entered: 12/19/2018)
239 ORDER: In order to ensure that the conference scheduled for Friday, December 21, 2018 is productive, it is hereby ORDERED that: Attorney Orseck shall bring the following materials to the December 21 conference, with sufficient copies for opposing counsel and the Court: a. The entire PDF production bearing bates numbers COD01000−COD011235; and b. The New Officer Defendants written responses and objections to plaintiff's First Set of Document Requests dated June 18, 2018 (see Dkt. No. 178−2), which were due to be served no later than November 30, 2018. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 12/19/2018) (cf) (Entered: 12/20/2018)
240 DISCOVERY AND SANCTIONS ORDER: It is hereby ORDERED that: No later than December 24, 2018, plaintiff's counsel shall identify at least two qualified e−discovery vendors to the Orseck Firm, in writing, including the "point person" for each vendor and that person's contact information; and as further set forth herein. The parties shall submit a joint status letter to the Court no later than February 1, 2019, by ECF, confirming that the work set out above has been completed and that the New Officer Defendants' responsive documents have been produced. If they cannot so confirm by February 1, they shall instead submit a joint status letter, via ECF, explaining why not. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/21/2018) (anc) (Entered: 12/21/2018)
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 12/21/2018. (Snell, Kevin) (Entered: 01/07/2019)
241 LETTER MOTION for Conference − request for a pre−motion conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated January 3, 2019. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 01/03/2019)

01/04/2019 01/14/2019 01/15/2019 01/18/2019 01/23/2019 02/01/2019 02/04/2019
02/11/2019 02/12/2019

242 ORDER TO SHOW CAUSE: It is hereby ORDERED that the Orseck Firm shall SHOW CAUSE in writing, no later than January 11, 2019, why the Court should not impose further sanctions, including but not limited to coercive contempt sanctions, for its failure to comply with the Court's November 26 Order. If the Orseck Firm has made payment (in full) by that date, the Court will not be inclined to impose further sanctions. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 1/4/2019) (cf) (Entered: 01/04/2019)
243 LETTER addressed to Magistrate Judge Barbara C. Moses from Kirk O. Orseck dated January 14, 2019 re: Order to Show Cause dated January 4, 2019. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 01/14/2019)
244 ORDER terminating 241 Letter Motion for Conference. It is hereby ORDERED that the Orseck Firm shall pay the sum of $100, no later than January 22, 2019, as a sanction for violating the OSC. The $100 payment shall be made to the Clerk of Court. Should the Orseck Firm once again miss a filing deadline or otherwise fail, without excuse, to obey an order of this Court, more severe sanctions may be imposed. This Order resolves the letter−motion at Dkt. No. 241. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/15/2019) (ks) (Entered: 01/15/2019)
245 LETTER addressed to Magistrate Judge Barbara C. Moses from Kirk O. Orseck dated January 18, 2019 re: January 15, 2018 order of Magistrate Moses. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 01/18/2019)
CASHIERS OFFICE REMARK on 244 Order on Motion for Conference,, in the amount of $100.00, paid on 1/23/2019, Receipt Number 465401227426. (cco) (Entered: 01/23/2019)
246 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated February 1, 2019 re: status report pursuant to the Court's December 21, 2018 Order, Dkt. No. 240. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 02/01/2019)
247 MEMO ENDORSEMENT on re: 246 Letter, filed by Julia Ramsay−Nobles. ENDORSEMENT: Plaintiff and the New Officer Defendants shall file a joint letter, no later than February 11, 2019, updating the Court on the status of (1) the New Officer Defendants' production of documents, and (2) the New York State Comptroller's approval of CDS's prospectus and scope of work. The joint letter shall also indicate any dates in February, 2019 on which the parties are unavailable for a morning conference. The Court will then determine whether and when to hold a conference. (Signed by Magistrate Judge Barbara C. Moses on 2/4/2019) (cf) (Entered: 02/04/2019)
248 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Kirk O. Orseck dated February 11, 2019 re: Joint Status Letter. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 02/11/2019)
249 MEMO ENDORSEMENT on re: 248 Letter, filed by Michael Weir, Steven Witte, Joseph Daddezio, Kevin Darling, John Frunzi, Shane Topel, James Steinberg, Jr, Timothy Bunch, Bruce Tucker, Felix Santos, Daniel Walter. ENDORSEMENT: Application GRANTED IN PART. Judge Moses will conduct a conference on February 21, 2019, at 10:00 a.m. in Courtroom 20A. No later than February 18, 2019, plaintiff and the New Officer Defendants shall file another joint letter updating the Court on the status of the New Officer Defendants' production of documents. If these parties agree that the New Officer Defendants have completed their production of documents, including text messages and social media information, the parties may request that the February 21, 2019 conference be held telephonically. The Court reminds the New Officer Defendants and their counsel that compliance with the Court's orders is not contingent upon the funding decisions of the New York State Comptroller's Office. SO ORDERED. (Status Conference set for 2/21/2019 at 10:00

02/18/2019 02/20/2019
02/25/2019 02/25/2019 03/08/2019 03/11/2019 03/11/2019 03/12/2019
03/13/2019 03/18/2019 03/18/2019 03/25/2019

AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 2/12/2019) (kv) (Entered: 02/12/2019)
250 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi and Kirk O. Orseck dated February 18, 2019 re: status of the New Officer Defendants' outstanding production. Document filed by Julia Ramsay−Nobles(Individually ).(Mangi, Adeel) (Entered: 02/18/2019)
251 ORDER: The conference previously scheduled for February 21, 2019, at 10:00 a.m. is ADJOURNED to February 25, 2019, at 11:00 a.m. The conference will be held in person in Courtroom 20A, 500 Pearl Street, New York, New York. (Status Conference set for 2/25/2019 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 2/20/2019) (cf) (Entered: 02/20/2019)
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 2/25/2019. (Snell, Kevin) (Entered: 02/25/2019)
252 ORDER: For the reasons stated on the record at today's conference, plaintiff may submit a letter − application seeking monetary discovery sanctions no later than March 11, 2019. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 2/25/2019) (cf) (Entered: 02/25/2019)
253 JOINT LETTER addressed to Judge Colleen McMahon from Eugene M. Gelernter dated March 8, 2019 re: proposed deadlines for dispositive motions and the pretrial order. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 03/08/2019)
254 LETTER addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated March 11, 2019 re: application of attorney's fees per Order dated February 25, 2019 (Dkt. No. 252). Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 03/11/2019)
255 DECLARATION of Daniel M. Eisenberg re: 254 Letter, Exhibit 1. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit A, Table of fees, # 2 Exhibit B, Attorney profiles)(Gelernter, Eugene) (Entered: 03/11/2019)
256 The Court has received and reviewed plaintiff's letter and declaration, each dated March 11, 2019 (Dkt. Nos. 254, 255), in which plaintiff seeks $24,785 in attorneys' fees pursuant to the Court's Order dated February 25, 2019. (Dkt. No. 252.) The New Officer Defendants may submit a response, limited to the amount of the expenses to be awarded, no later than March 18, 2019. (Signed by Magistrate Judge Barbara C. Moses on 3/12/19) (nws) (Entered: 03/12/2019)
257 MEMO ENDORSEMENT on re: 253 Letter, filed by Julia Ramsay−Nobles. ENDORSEMENT: OK. (Motions due by 4/17/2019. Pretrial Order due by 7/19/2019. Responses due by 5/29/2019. Replies due by 6/19/2019.) (Signed by Judge Colleen McMahon on 3/13/2019) (mml) (Entered: 03/13/2019)
258 LETTER MOTION for Extension of Time to respond to letter motion for sanctions addressed to Magistrate Judge Barbara C. Moses from Kirk O. Orseck dated 3−18−19. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 03/18/2019)
259 ORDER granting 258 Letter Motion for Extension of Time. Application GRANTED. The New Officer Defendants' deadline to submit a response to plaintiff's letter−motion (Dkt. No. 254) is extended one week, to March, 25, 2019. (Signed by Magistrate Judge Barbara C. Moses on 3/18/2019) (cf) (Entered: 03/18/2019)
260 LETTER addressed to Magistrate Judge Barbara C. Moses from Kirk O. Orseck dated March 25, 2019 re: Response to Plaintiffs' Letter Regarding Sanctions. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk)

03/27/2019
03/27/2019
04/15/2019
04/16/2019 04/16/2019 04/16/2019 04/16/2019
04/16/2019 04/24/2019 04/24/2019 04/24/2019 04/24/2019 04/24/2019 04/24/2019

(Entered: 03/25/2019)
261 TRANSCRIPT of Proceedings re: Discovery Conference held on 12/21/2018 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Shari Riemer, (518) 581−8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2019. Redacted Transcript Deadline set for 4/29/2019. Release of Transcript Restriction set for 6/25/2019.(aea) (Entered: 03/27/2019)
262 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Conference proceeding held on 12/21/2018 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(vba) (Entered: 03/27/2019)
263 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Gerald Orseck dated April 15, 2019. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 04/15/2019)
264 ORDER granting 263 Letter Motion for Extension of Time. OK. Motions due by 4/24/2019. (Signed by Judge Colleen McMahon on 4/16/2019) (mml) (Entered: 04/16/2019)
265 LETTER MOTION for Extension of Time for Summary Judgment motion addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 16, 2019. Document filed by Edward Burnett, William Keyser.(Durden, Rebecca) (Entered: 04/16/2019)
266 CONSENT LETTER MOTION for Extension of Time to File motion for summary judgment to align briefing schedule for all defendants addressed to Judge Colleen McMahon from Helene R. Hechtkopf dated April 16, 2019. Document filed by Seung Ho Lee.(Silverberg, Steven) (Entered: 04/16/2019)
267 ORDER granting 266 Letter Motion for Extension of Time to File. All defendants in this case have until April 24, 2019 to file their motions. Plaintiff's opposition is due June 5, 2019. Defendant then have until June 26, 2019 to respond. SO ORDERED. (Signed by Judge Colleen McMahon on 4/16/2019) (kv) (Main Document 267 replaced on 4/17/2019) (mml). (Entered: 04/16/2019)
Set/Reset Deadlines: Motions due by 4/24/2019. Responses due by 6/5/2019 Replies due by 6/26/2019. (kv) (Entered: 04/16/2019)
268 MOTION for Summary Judgment . Document filed by Edward Burnett, William Keyser.(Faherty, Colleen) (Entered: 04/24/2019)
269 RULE 56.1 STATEMENT. Document filed by Edward Burnett, William Keyser. (Faherty, Colleen) (Entered: 04/24/2019)
270 MEMORANDUM OF LAW in Support re: 268 MOTION for Summary Judgment . . Document filed by Edward Burnett, William Keyser. (Faherty, Colleen) (Entered: 04/24/2019)
271 DECLARATION of Deputy Superintendent Edward Burnett in Support re: 268 MOTION for Summary Judgment .. Document filed by Edward Burnett, William Keyser. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Faherty, Colleen) (Entered: 04/24/2019)
272 DECLARATION of Superintendent William Keyser in Support re: 268 MOTION for Summary Judgment .. Document filed by Edward Burnett, William Keyser. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Faherty, Colleen) (Entered: 04/24/2019)
273 MOTION for Summary Judgment . Document filed by Seung Ho Lee.(Hechtkopf, Helene) (Entered: 04/24/2019)

04/24/2019 04/24/2019
04/24/2019
04/24/2019 04/30/2019 05/07/2019 05/08/2019 06/05/2019

274 RULE 56.1 STATEMENT. Document filed by Seung Ho Lee. (Hechtkopf, Helene) (Entered: 04/24/2019)
275 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION for Summary Judgment . Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. Responses due by 6/5/2019 (Attachments: # 1 Affirmation of Kirk Orseck in Support of Motion, # 2 Memorandum of Law, # 3 Rule 56(1) Statement)(Orseck, Kirk) Modified on 6/18/2019 (ldi). (Entered: 04/24/2019)
276 DECLARATION of Helene R. Hechtkopf in Support re: 273 MOTION for Summary Judgment .. Document filed by Seung Ho Lee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 6−1, # 8 Exhibit 6−2, # 9 Exhibit 7, # 10 Exhibit 8 Part 1, # 11 Exhibit 8 Part 2, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, # 43 Exhibit 40, # 44 Exhibit 41, # 45 Exhibit 42, # 46 Exhibit 43, # 47 Exhibit 44, # 48 Exhibit 45, # 49 Exhibit 46, # 50 Exhibit 47, # 51 Exhibit 48, # 52 Exhibit 49, # 53 Exhibit 50)(Hechtkopf, Helene) (Entered: 04/24/2019)
277 MEMORANDUM OF LAW in Support re: 273 MOTION for Summary Judgment . . Document filed by Seung Ho Lee. (Hechtkopf, Helene) (Entered: 04/24/2019)
278 ORDER: For the reasons stated above, plaintiff is awarded $16,528.50 ($450 times 36.73 hours) in attorneys' fees. Payment is to be made by the Orseck Firm no later than June 28, 2019. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 4/30/2019) (cf) (Entered: 05/01/2019)
279 MOTION for Joseph R. Richie to Withdraw as Attorney . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Richie, Joseph) (Entered: 05/07/2019)
280 MEMO ENDORSED ORDER granting 279 Motion to Withdraw as Attorney. ENDORSEMENT: OK. Attorney Joseph Robert Richie terminated. (Signed by Judge Colleen McMahon on 5/8/2019) (mml) (Entered: 05/08/2019)
281 DECLARATION of Daniel M. Eisenberg in Opposition re: 268 MOTION for Summary Judgment ., 273 MOTION for Summary Judgment ., 275 MOTION for Summary Judgment .. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, TAYLOR000103, # 2 Exhibit 2, TAYLOR000176, # 3 Exhibit 3, Bird Dep, # 4 Exhibit 4, Williams Dep, # 5 Exhibit 5, Hunt Dep, # 6 Exhibit 6, Judge Dep, # 7 Exhibit 7, Thomas Dep, # 8 Exhibit 8, Colley Dep, # 9 Exhibit 9, Topel Dep, # 10 Exhibit 10, Darling Dep, # 11 Exhibit 11, Weir Dep, # 12 Exhibit 12, Greener Dep, # 13 Exhibit 13, Keyser Dep, # 14 Exhibit 14, Santos Dep, # 15 Exhibit 15, Bunch Dep, # 16 Exhibit 16, Witte Dep, # 17 Exhibit 17, Steinberg Dep, # 18 Exhibit 18, Walter Dep, # 19 Exhibit 19, D'Addezio Dep, # 20 Exhibit 20, Spence Dep, # 21 Exhibit 21, Prial Dep, # 22 Exhibit 22, LOVETT0000001, # 23 Exhibit 23, LIGGAN0000001, # 24 Exhibit 24, Taylor009635 − overtime sheet, # 25 Exhibit 25, TAYLOR000001−70 − report, # 26 Exhibit 26, Mazarin report and exhibits, # 27 Exhibit 27, TAYLOR000309, # 28 Exhibit 28, TAYLOR000190, # 29 Exhibit 29, KT00000054−62 − report, # 30 Exhibit 30, verizon phone logs − withheld, # 31 Exhibit 31, Taylor0006800−4 − texts, # 32 Exhibit 32, SullivanDA00002605 − tucker, # 33 Exhibit 33, SullivanDA00001227−30 − topel, # 34 Exhibit 34, SullivanDA00001038−42 − Bunch, # 35 Exhibit 35, SullivanDA00001104−5 − Darling, # 36 Exhibit 36, SullivanDA00000935−8 − Witte, # 37 Exhibit 37, SullivanDA00001114−5 − Walter, # 38 Exhibit 38, SullivanDA00001098−99 − Weir, # 39 Exhibit 39, SullivanDA00001079−80 − steinberg, # 40 Exhibit 40, SullivanDA00001110−3 santos, # 41 Exhibit 41, SullivanDA00001047−50 − Frunzi, # 42 Exhibit 42, SullivanDA00001085−6 − Daddezio, # 43 Exhibit 43, SullivanDA00001734 − Kurtis Williams, # 44 Exhibit 44, Lee19−37 (Core History), # 45 Exhibit 45, OMH498−505, 552−65, 608−11, # 46 Exhibit 46, OMH568−73 (1995−2), # 47 Exhibit 47, OMH56120−153 (OMH Rep), # 48 Exhibit 48,

06/05/2019 06/05/2019 06/05/2019
06/05/2019 06/05/2019 06/05/2019

OMH616−35 (2009−1), # 49 Exhibit 49, Bardey Dep, # 50 Exhibit 50, NYSP00000528−55, # 51 Exhibit 51, OMH870−1134 (2009−2), # 52 Exhibit 52, OMH2142−44 (Attica Note), # 53 Exhibit 53, OMH55925−26 (TTN), # 54 Exhibit 54, Taylor115−135 (ICP Manual), # 55 Exhibit 55, Lee69−95, 199−205; OMH 390−95, # 56 Exhibit 56, Lee211−215 (Referrals), # 57 Exhibit 57, OMH11656−63 (Obs Policy), # 58 Exhibit 58, Lee61−85 (Psych Notes), # 59 Exhibit 59, OMH55072−73 (7−Day), # 60 Exhibit 60, OMH55074 (Inaganti Email), # 61 Exhibit 61, OMH56242, # 62 Exhibit 62, Jackson Dep, # 63 Exhibit 63, OMH56235−36 (S.M. St), # 64 Exhibit 64, OMH56238−41 (L.E. St), # 65 Exhibit 65, Lee Dep, # 66 Exhibit 66, Lee101−98 (RCTP Notes), # 67 Exhibit 67, OMH55083−85 (14−Day), # 68 Exhibit 68, OMH55086 (Inaganti Email), # 69 Exhibit 69, OMH2968−69 (Sneckenberg Email), # 70 Exhibit 70, Sneckenberg Dep, # 71 Exhibit 71, OMH56099−111 (COC Rep), # 72 Exhibit 72, Lee97−109 (Nursing Notes) pt 1, # 73 Exhibit 72, Lee97−109 (Nursing Notes) pt 2, # 74 Exhibit 73, OMH56227, # 75 Exhibit 74, Bardey.Report, # 76 Exhibit 75, Expert Report of Dr. Annas, # 77 Exhibit 76, OMH55105 (Inaganti Email), # 78 Exhibit 77, OMH56244−45 (R.F. St), # 79 Exhibit 78, OMH55102−04 (21−Day), # 80 Exhibit 79, OMH11664−68 (Dorm Policy), # 81 Exhibit 80, OMH196 (2015 Treatment Plan), # 82 Exhibit 81, OMH2966 (Fernekes Email), # 83 Exhibit 82, TAYLOR0001872, # 84 Exhibit 83, TAYLOR0001897, # 85 Exhibit 84, TAYLOR0001936, # 86 Exhibit 85, TAYLOR0001965, # 87 Exhibit 86, TAYLOR0002019, # 88 Exhibit 87, TAYLOR0002036, # 89 Exhibit 88, TAYLOR0002218, # 90 Exhibit 89, TAYLOR0002241, # 91 Exhibit 90, TAYLOR0002263, # 92 Exhibit 91, TAYLOR0003309, # 93 Exhibit 92, TAYLOR0003313, # 94 Exhibit 93, TAYLOR0003315−6, # 95 Exhibit 94, SLIPSHEET, # 96 Exhibit 95, SLIPSHEET, # 97 Exhibit 96, SLIPSHEET, # 98 Exhibit 97, SLIPSHEET, # 99 Exhibit 98, SLIPSHEET, # 100 Exhibit 99, SLIPSHEET, # 101 Exhibit 100, VJ00000037−38, # 102 Exhibit 101, Tucker Dep, # 103 Exhibit 102, Burnett Dep, # 104 Exhibit 103, TAYLOR0002203, # 105 Exhibit 104, OMH2092−95 (2010), # 106 Exhibit 105, TAYLOR0002001, # 107 Exhibit 106, TAYLOR0002228, # 108 Exhibit 107, TAYLOR0002019, # 109 Exhibit 108, OMH00011175−83, # 110 Exhibit 109, OMH56243)(Eisenberg, Daniel) (Entered: 06/05/2019)
282 DECLARATION of Zhongxue Hua, M.D. Ph.D. in Opposition re: 275 MOTION for Summary Judgment ., 273 MOTION for Summary Judgment ., 268 MOTION for Summary Judgment .. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Hua report)(Gelernter, Eugene) (Entered: 06/05/2019)
283 DECLARATION of Jeremy Huston Colley, M.D. in Opposition re: 275 MOTION for Summary Judgment ., 273 MOTION for Summary Judgment ., 268 MOTION for Summary Judgment .. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Colley Report)(Gelernter, Eugene) (Entered: 06/05/2019)
284 DECLARATION of Joseph Ponte in Opposition re: 275 MOTION for Summary Judgment ., 273 MOTION for Summary Judgment ., 268 MOTION for Summary Judgment .. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Ponte report − redacted)(Gelernter, Eugene) (Entered: 06/05/2019)
285 COUNTER STATEMENT TO 274 Rule 56.1 Statement. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 06/05/2019)
286 MEMORANDUM OF LAW in Opposition re: 273 MOTION for Summary Judgment . . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 06/05/2019)
287 COUNTER STATEMENT TO 269 Rule 56.1 Statement. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 06/05/2019)

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06/10/2019 06/18/2019
06/18/2019
06/18/2019 06/18/2019

288 MEMORANDUM OF LAW in Opposition re: 268 MOTION for Summary Judgment . . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 06/05/2019)
289 MEMORANDUM OF LAW in Opposition re: 275 MOTION for Summary Judgment . . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Objections and Responses to Defendants' Rule 56.1 [275−3])(Gelernter, Eugene) (Entered: 06/05/2019)
290 MOTION to Seal . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Text of Proposed Order)(Gelernter, Eugene) (Entered: 06/05/2019)
291 MOTION to Seal . Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Attachments: # 1 Text of Proposed Order)(Orseck, Kirk) (Entered: 06/06/2019)
292 ORDER granting 291 Motion to Seal. ORDERED, that unredacted copies of the telephone/mobile phone bills/logs of CO Defendants John Frunzi, Timothy Bunch, Bruce Tucker, Steven Witte, Shane Topel, Daniel Walter, Joseph Daddezio, Kevin Darling, James Steinberg Jr., Felix Santos and Michael Weir, or any of them, obtained from Verizon via third party subpoenas issued by the plaintiff, and to be referred to by the plaintiff in opposition to the CO defendants' motion for summary judgment as pages identified as "Bates range Verizon00000001−169," shall be filed under seal and that copies with the identifying phone numbers redacted shall be filed partially. A courtesy copy of the unredacted filing must be delivered to chambers. (Signed by Judge Colleen McMahon on 6/10/2019) (mml) (Entered: 06/10/2019)
293 MEMO ENDORSED ORDER terminating 290 Motion to Seal. ENDORSEMENT: I will allow unredacted documents to be filed under seal, but I insist that documents be publicly filed in redacted form. I ruled earlier today on the issue of the phone number. Please either agree on redactions as to rest or give me the documents & explain what is confidential and I will rule. No wholesale sealed filings. Your designations do not control any Corp. (Signed by Judge Colleen McMahon on 6/10/2019) (mml) (Entered: 06/10/2019)
294 NOTICE of Filing of Redacted Exhibits to the Declaration of Daniel M. Eisenberg − Ex. 30: Verizon Phone Records (redacted) re: 281 Declaration in Opposition to Motion,,,,,,,,,,,,,,,,,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit Ex. 94: 2/13/13 Memorandum (redacted), # 2 Exhibit Ex. 95: 4/29/14 Memorandum (redacted), # 3 Exhibit Ex. 96: 9/18/14 Use of Force Report (redacted), # 4 Exhibit Ex. 97: 10/14/14 Incident Report (redacted), # 5 Exhibit Ex. 98: 2/5/15 Memorandum (redacted), # 6 Exhibit Ex. 99: 4/1/15 Use of Force Report (redacted))(Eisenberg, Daniel) (Entered: 06/18/2019)
***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kirk O. Orseck to RE−FILE Document 275 MOTION for Summary Judgment . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. Rule 56.1 Statement is found under the event list Other Answers. (ldi) (Entered: 06/18/2019)
295 MOTION for Summary Judgment . Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 06/18/2019)
296 AFFIRMATION of Kirk O. Orseck in Support re: 295 MOTION for Summary Judgment .. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 06/18/2019)

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297 MEMORANDUM OF LAW in Support re: 295 MOTION for Summary Judgment . . Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 06/18/2019)
298 RULE 56.1 STATEMENT. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 06/18/2019)
299 REPLY MEMORANDUM OF LAW in Support re: 268 MOTION for Summary Judgment . . Document filed by Edward Burnett, William Keyser. (Durden, Rebecca) (Entered: 06/26/2019)
300 REPLY AFFIRMATION of Edward Burnett in Support re: 268 MOTION for Summary Judgment .. Document filed by Edward Burnett, William Keyser. (Durden, Rebecca) (Entered: 06/26/2019)
301 REPLY AFFIRMATION of William Keyser in Support re: 268 MOTION for Summary Judgment .. Document filed by Edward Burnett, William Keyser. (Attachments: # 1 Exhibit Relevant Pages of Use of Force Report, # 2 Exhibit Relevant Pages of Use of Force Report, # 3 Exhibit Relevant Pages of Use of Force Report)(Durden, Rebecca) (Entered: 06/26/2019)
302 COUNTER STATEMENT TO Document filed by Edward Burnett, William Keyser. (Durden, Rebecca) (Entered: 06/26/2019)
303 MOTION to Strike Document No. [284−1] Expert Opinions. Document filed by Edward Burnett, William Keyser.(Durden, Rebecca) (Entered: 06/26/2019)
304 DECLARATION of Rebecca Ann Durden in Support re: 303 MOTION to Strike Document No. [284−1] Expert Opinions.. Document filed by Edward Burnett, William Keyser. (Attachments: # 1 Exhibit Dep. Testimony, # 2 Exhibit Agreement − NYS and Correction Officers)(Durden, Rebecca) (Entered: 06/26/2019)
305 REPLY MEMORANDUM OF LAW in Support re: 295 MOTION for Summary Judgment . . Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 06/26/2019)
306 MEMORANDUM OF LAW in Support re: 303 MOTION to Strike Document No. [284−1] Expert Opinions. . Document filed by Edward Burnett, William Keyser. (Durden, Rebecca) (Entered: 06/26/2019)
307 REPLY MEMORANDUM OF LAW in Support re: 273 MOTION for Summary Judgment . . Document filed by Seung Ho Lee. (Silverberg, Steven) (Entered: 06/26/2019)
308 DECLARATION of Helene R. Hechtkopf in Support re: 273 MOTION for Summary Judgment .. Document filed by Seung Ho Lee. (Attachments: # 1 Exhibit 51)(Silverberg, Steven) (Entered: 06/26/2019)
309 RESPONSE re: 285 Counter Statement to Rule 56.1 . Document filed by Seung Ho Lee. (Silverberg, Steven) (Entered: 06/26/2019)
310 RESPONSE TO PLAINTIFF'S STATEMENT OF DISPUTED FACTS. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 06/26/2019)
311 REPLY MEMORANDUM OF LAW in Support re: 295 MOTION for Summary Judgment . INDEX. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, Shane Topel, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 06/27/2019)
312 MOTION to Strike Document No. 305 − Pages 11 to 22 of the Corrections Officer Defendants' Reply Memorandum. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 07/02/2019)

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313 MEMORANDUM OF LAW in Support re: 312 MOTION to Strike Document No. 305 − Pages 11 to 22 of the Corrections Officer Defendants' Reply Memorandum. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 07/02/2019)
314 DECLARATION of David R. Allen in Opposition re: 303 MOTION to Strike Document No. [284−1] Expert Opinions.. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1 − Ponte Report, # 2 Exhibit 2 − Christensen Report, # 3 Exhibit 3 − Keyser Transcript)(Gelernter, Eugene) (Entered: 07/10/2019)
315 MEMORANDUM OF LAW in Opposition re: 303 MOTION to Strike Document No. [284−1] Expert Opinions. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 07/10/2019)
316 REPLY MEMORANDUM OF LAW in Support re: 303 MOTION to Strike Document No. [284−1] Expert Opinions. . Document filed by Edward Burnett, William Keyser. (Durden, Rebecca) (Entered: 07/15/2019)
317 DECLARATION of Kirk O. Orseck in Opposition re: 312 MOTION to Strike Document No. 305 − Pages 11 to 22 of the Corrections Officer Defendants' Reply Memorandum.. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 07/16/2019)
318 REPLY MEMORANDUM OF LAW in Support re: 312 MOTION to Strike Document No. 305 − Pages 11 to 22 of the Corrections Officer Defendants' Reply Memorandum. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 07/17/2019)
319 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Elena Steiger Reich on behalf of Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased) (Steiger Reich, Elena) (Entered: 07/18/2019)
320 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Maren Jessica Messing on behalf of Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased) (Messing, Maren) (Entered: 07/18/2019)
321 PROPOSED JURY INSTRUCTIONS. Document filed by Edward Burnett, William Keyser.(Durden, Rebecca) (Entered: 07/19/2019)
322 PROPOSED VOIR DIRE QUESTIONS. Document filed by Edward Burnett, William Keyser.(Durden, Rebecca) (Entered: 07/19/2019)
323 PROPOSED PRE−TRIAL ORDER. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Gelernter, Eugene) (Entered: 07/19/2019)
324 PROPOSED JURY INSTRUCTIONS. Document filed by Edward Burnett, William Keyser.(Durden, Rebecca) (Entered: 07/19/2019)
325 PROPOSED JURY INSTRUCTIONS. Document filed by Seung Ho Lee.(Silverberg, Steven) (Entered: 07/19/2019)
326 PROPOSED VOIR DIRE QUESTIONS. Document filed by Seung Ho Lee. (Attachments: # 1 Proposed Juror Questionnaire)(Silverberg, Steven) (Entered: 07/19/2019)
327 LETTER addressed to Judge Colleen McMahon from Steven M. Silverberg dated July 19, 2019 re: Defendant Lee's Proposed Verdict Sheet. Document filed by Seung Ho Lee. (Attachments: # 1 Proposed Verdict Sheet)(Silverberg, Steven) (Entered:

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328 PRETRIAL MEMORANDUM. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Correspondence between parties, # 2 Exhibit 2, Correspondence between parties, # 3 Exhibit 3, Correspondence between parties)(Gelernter, Eugene) (Entered: 07/19/2019)
329 LETTER addressed to Judge Colleen McMahon from Kirk O. Orseck dated July 19, 2019 re: PROPOSED VERDICT SHEET. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 07/19/2019)
330 PROPOSED JURY INSTRUCTIONS. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 07/19/2019)
331 PROPOSED VOIR DIRE QUESTIONS. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 07/19/2019)
332 PROPOSED JURY INSTRUCTIONS. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 07/19/2019)
333 PROPOSED VOIR DIRE QUESTIONS. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 07/19/2019)
334 PROPOSED JURY INSTRUCTIONS. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 07/19/2019)
335 RESPONSE re: 328 Pretrial Memorandum, regarding proposed stipulations. Document filed by Seung Ho Lee. (Silverberg, Steven) (Entered: 07/22/2019)
336 RESPONSE re: 328 Pretrial Memorandum, regarding proposed stipulations. Document filed by Edward Burnett, William Keyser. (Faherty, Colleen) (Entered: 07/24/2019)
337 MOTION for David R. Allen to Withdraw as Attorney . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Allen, David) (Entered: 08/01/2019)
338 MEMORANDUM DECISION AND ORDER DENYING THE OFFICER DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART AND DENYING IN PART THE OTHER DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT; DENYING THE SUPERVISOR DEFENDANTS' MOTION TO STRIKE THE PONTE AFFIDAVIT; AND ORDERING PLAINTIFF TO SHOW CAUSE WHY THE CLAIMS AGAINST DR. LEE SHOULD NOT BE SEVERED FOR SEPARATE TRIAL: Plaintiff is ordered to show cause, no later than September 10, 2019, why the claim against Dr. Lee should not be severed and tried separately. This constitutes the written opinion and order of the Court. The Clerk of Court is directed to close the motions at Docket Numbers 186, 188, 190, 192, and 194. (Signed by Judge Colleen McMahon on 8/21/2019) (mml) (Entered: 08/21/2019)
339 MEMO ENDORSED ORDER granting 337 Motion to Withdraw as Attorney. ENDORSEMENT: OK. Motion granted. Attorney David Robert Allen terminated. (Signed by Judge Colleen McMahon on 8/21/2019) (mml) (Entered: 08/21/2019)
340 RESPONSE TO ORDER TO SHOW CAUSE re: 338 Order to Show Cause,,. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 09/10/2019)

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341 ORDER SEVERING CLAIM AGAINST DR. LEE. the medical malpractice claim against Dr. Lee (Count Six) is severed for separate trial, pursuant to Fed. R. Civ. P. 42(b). This ruling preserves Plaintiff's right to take an appeal from the dismissal of her federal claim (and from this court's ruling that Dr. Lee cannot be held to have proximately caused the death of her brother); after the resolution of the malpractice claim (assuming it cannot be settled), she will be able to take an appeal from any and all of this court's orders that aggrieve her. The case against the Defendants other than Dr. Lee will be tried first. The court's deputy clerk will contact the parties in the next few weeks with a firm trial date (which will be in early 2020) and a pre−trial schedule. This constitutes the written opinion and order of the court. (Signed by Judge Colleen McMahon on 9/12/2019) (rjm) (Entered: 09/12/2019)
342 TRIAL NOTICE: Please take notice that the above captioned matter has been scheduled for a Final Pretrial Conference before the Honorable Colleen McMahon, United States District Judge, on Friday, January 24, 2020 at 10:30 a.m., in courtroom 24A, at the U.S. District Courthouse, 500 Pearl Street, New York, New York 10007. Trial has been scheduled for Monday, February 10, 2020 at 9:30 a.m. Parties are directed to file all trial documents required by Judge McMahon's Individual Practices. Originals must be filed in the Clerk's Office and courtesy copies are to be provided to chambers. Any scheduling difficulties must be brought to the attention of the Court in writing. SO ORDERED. Final Pretrial Conference set for 1/24/2020 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Jury Trial set for 2/10/2020 at 09:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 12/18/2019) (mml) (Entered: 12/18/2019)
343 FIRST MOTION in Limine to Exclude Evidence of or Reference to Karl Taylor's Criminal Convictions or Prison Disciplinary History. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 12/23/2019)
344 MEMORANDUM OF LAW in Support re: 343 FIRST MOTION in Limine to Exclude Evidence of or Reference to Karl Taylor's Criminal Convictions or Prison Disciplinary History. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) (Entered: 12/23/2019)
345 DECLARATION of Adeel A. Mangi in Support re: 343 FIRST MOTION in Limine to Exclude Evidence of or Reference to Karl Taylor's Criminal Convictions or Prison Disciplinary History.. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Trial exhibit list and exhibit DX−CO A)(Mangi, Adeel) (Entered: 12/23/2019)
346 SECOND MOTION in Limine to Exclude Evidence of or Reference to the Inmate Witnesses' Criminal Convictions or Prison Disciplinary Records. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 12/23/2019)
347 MEMORANDUM OF LAW in Support re: 346 SECOND MOTION in Limine to Exclude Evidence of or Reference to the Inmate Witnesses' Criminal Convictions or Prison Disciplinary Records. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) (Entered: 12/23/2019)
348 DECLARATION of Adeel A. Mangi in Support re: 346 SECOND MOTION in Limine to Exclude Evidence of or Reference to the Inmate Witnesses' Criminal Convictions or Prison Disciplinary Records.. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Chart listing convictions)(Mangi, Adeel) (Entered: 12/23/2019)
349 THIRD MOTION in Limine to Exclude Post−Incident Evidence of or Reference to Corrections Officers' Injuries. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 12/23/2019)

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350 MEMORANDUM OF LAW in Support re: 349 THIRD MOTION in Limine to Exclude Post−Incident Evidence of or Reference to Corrections Officers' Injuries. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) (Entered: 12/23/2019)
351 FOURTH MOTION in Limine to Exclude Evidence of or Reference to Grand Jury Proceedings. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 12/23/2019)
352 MEMORANDUM OF LAW in Support re: 351 FOURTH MOTION in Limine to Exclude Evidence of or Reference to Grand Jury Proceedings. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) (Entered: 12/23/2019)
353 FIFTH MOTION in Limine to Exclude Evidence of and Reference to Factual Findings and Conclusions of Investigative Reports. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 12/23/2019)
354 MEMORANDUM OF LAW in Support re: 353 FIFTH MOTION in Limine to Exclude Evidence of and Reference to Factual Findings and Conclusions of Investigative Reports. . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) (Entered: 12/23/2019)
355 LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated December 23, 2019 re: materials relating to the final pre−trial conference. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 12/23/2019)
356 PROPOSED JURY INSTRUCTIONS. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 12/23/2019)
357 REQUEST TO CHARGE. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 12/23/2019)
358 PROPOSED VOIR DIRE QUESTIONS. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 12/23/2019)
359 LETTER MOTION for Extension of Time to File Response/Reply to Motions in Limine addressed to Judge Colleen McMahon from Barbara K. Hathaway dated December 24, 2019. Document filed by Edward Burnett, William Keyser.(Hathaway, Barbara) (Entered: 12/24/2019)
360 MOTION for Writ of Habeas Corpus ad testificandum as to V. Jackson, S. Liggan, S. Lovett, S. Spence & M. Thomas . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Proposed Order & Writ of Habeas Corpus Ad Testificandum − Jackson, # 2 Proposed Order & Writ of Habeas Corpus Ad Testificandum − Liggan, # 3 Proposed Order & Writ of Habeas Corpus Ad Testificandum − Lovett, # 4 Proposed Order & Writ of Habeas Corpus Ad Testificandum − Spence, # 5 Proposed Order & Writ of Habeas Corpus Ad Testificandum − Thomas)(Mangi, Adeel) (Entered: 12/24/2019)
361 LETTER MOTION for Extension of Time to File Response/Reply as to 359 LETTER MOTION for Extension of Time to File Response/Reply to Motions in Limine addressed to Judge Colleen McMahon from Barbara K. Hathaway dated December 24, 2019. addressed to Judge Colleen McMahon from Kirk O. Orseck dated 12−26−19. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte.(Orseck, Kirk) (Entered: 12/26/2019)

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362 ORDER granting 359 Letter Motion for Extension of Time to File Response/Reply. Granted. Responses due by 1/7/2020. (Signed by Judge Colleen McMahon on 1/2/2020) (mml) (Entered: 01/02/2020)
363 MEMORANDUM OF LAW in Opposition re: 349 THIRD MOTION in Limine to Exclude Post−Incident Evidence of or Reference to Corrections Officers' Injuries., 346 SECOND MOTION in Limine to Exclude Evidence of or Reference to the Inmate Witnesses' Criminal Convictions or Prison Disciplinary Records., 351 FOURTH MOTION in Limine to Exclude Evidence of or Reference to Grand Jury Proceedings., 343 FIRST MOTION in Limine to Exclude Evidence of or Reference to Karl Taylor's Criminal Convictions or Prison Disciplinary History., 353 FIFTH MOTION in Limine to Exclude Evidence of and Reference to Factual Findings and Conclusions of Investigative Reports. . Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte. (Orseck, Kirk) (Entered: 01/07/2020)
364 MEMORANDUM OF LAW in Opposition re: 349 THIRD MOTION in Limine to Exclude Post−Incident Evidence of or Reference to Corrections Officers' Injuries., 351 FOURTH MOTION in Limine to Exclude Evidence of or Reference to Grand Jury Proceedings., 343 FIRST MOTION in Limine to Exclude Evidence of or Reference to Karl Taylor's Criminal Convictions or Prison Disciplinary History., 353 FIFTH MOTION in Limine to Exclude Evidence of and Reference to Factual Findings and Conclusions of Investigative Reports. . Document filed by Edward Burnett, William Keyser. (Durden, Rebecca) (Entered: 01/07/2020)
365 MEMORANDUM OF LAW in Opposition re: 346 SECOND MOTION in Limine to Exclude Evidence of or Reference to the Inmate Witnesses' Criminal Convictions or Prison Disciplinary Records. . Document filed by Edward Burnett, William Keyser. (Durden, Rebecca) (Entered: 01/07/2020)
366 MOTION for Writ of Habeas Corpus ad testificandum as to Kurtis Williams . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Proposed Order & Writ of Habeas Corpus Ad Testificandum K. Williams)(Mangi, Adeel) (Entered: 01/08/2020)
367 LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Rebecca Ann Durden dated January 8, 2019 re: 360 MOTION for Writ of Habeas Corpus ad testificandum as to V. Jackson, S. Liggan, S. Lovett, S. Spence & M. Thomas . . Document filed by Edward Burnett, William Keyser. (Durden, Rebecca) (Entered: 01/09/2020)
368 LETTER addressed to Judge Colleen McMahon from Rebecca Ann Durden dated January 10, 2020 re: Corrected proposed verdict sheet. Document filed by Edward Burnett, William Keyser. (Attachments: # 1 Supplement Corrected proposed verdict sheet)(Durden, Rebecca) (Entered: 01/10/2020)
369 MEMO ENDORSEMENT on re: 367 Response to Motion, filed by William Keyser, Edward Burnett. ENDORSEMENT: I agree with Corp Counsel follow the usual procedure. (Signed by Judge Colleen McMahon on 1/10/2020) (mml) (Entered: 01/10/2020)
370 FILING ERROR − WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY − PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Letter re Writs of Habeas Corpus ad Testificandum) (Mangi, Adeel) Proposed Writ of Habeas Corpus Ad Testificandum to be reviewed by Clerk's Office staff. Modified on 1/14/2020 (dt). (Entered: 01/13/2020)
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Notice to attorney Adeel Mangi. RE−FILE Document No. 370 Proposed Writ of Habeas Corpus Ad Testificandum. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed writ of habeas corpus ad testificandum is the wrong document; First Re−file the letter using the event type Letter found under the event list other documents, then separately and

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individually, Re−file the (6) Writ of Habeas Corpus Ad Testificandums using the event type Proposed Writ of Habeaas Corpus Ad Testificandum found under the event list Proposed Orders − select the correct filer/filers − attach the correct PDF that lists the following − the name of the warden of the facility where the detainee is presently detained, the name of the detainee to be produced, the name of the facility where the detainee is presently detained, the name of the facility where the detainee is to be brought to if applicable, the date and time when the detainee is to be produced at the facility if applicable, the date and time when the detainee is to be produced in Court, when the detainee is to be returned, where the detainee is to be returned to at the conclusion of the proceeding(s). (dt) (Entered: 01/14/2020)
371 LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated January 13, 2020 re: Proposed Writs of Habeas Corpus ad Testificandum. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 01/14/2020)
372 PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) Proposed Writ of Habeas Corpus Ad Testificandum to be reviewed by Clerk's Office staff. (Entered: 01/14/2020)
373 PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) Proposed Writ of Habeas Corpus Ad Testificandum to be reviewed by Clerk's Office staff. (Entered: 01/14/2020)
374 PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) Proposed Writ of Habeas Corpus Ad Testificandum to be reviewed by Clerk's Office staff. (Entered: 01/14/2020)
375 PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) Proposed Writ of Habeas Corpus Ad Testificandum to be reviewed by Clerk's Office staff. (Entered: 01/14/2020)
376 PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) Proposed Writ of Habeas Corpus Ad Testificandum to be reviewed by Clerk's Office staff. (Entered: 01/14/2020)
377 PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Mangi, Adeel) Proposed Writ of Habeas Corpus Ad Testificandum to be reviewed by Clerk's Office staff. (Entered: 01/14/2020)
***NOTICE TO COURT REGARDING PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document No. 372 Proposed Writ of Habeas Corpus Ad Testificandum, was reviewed and approved as to form. (dt) (Entered: 01/14/2020)
***NOTICE TO COURT REGARDING PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document No. 373 Proposed Writ of Habeas Corpus Ad Testificandum, was reviewed and approved as to form. (dt) (Entered: 01/14/2020)
***NOTICE TO COURT REGARDING PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document No. 374 Proposed Writ of Habeas Corpus Ad Testificandum, was reviewed and approved as to form. (dt) (Entered: 01/14/2020)

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***NOTICE TO COURT REGARDING PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document No. 375 Proposed Writ of Habeas Corpus Ad Testificandum, was reviewed and approved as to form. (dt) (Entered: 01/14/2020)
***NOTICE TO COURT REGARDING PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document No. 376 Proposed Writ of Habeas Corpus Ad Testificandum, was reviewed and approved as to form. (dt) (Entered: 01/14/2020)
***NOTICE TO COURT REGARDING PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document No. 377 Proposed Writ of Habeas Corpus Ad Testificandum, was reviewed and approved as to form. (dt) (Entered: 01/14/2020)
378 Writ of Habeas Corpus ad Testificandum Issued as to Malik Thomas for February 10, 2020. (Signed by Judge Colleen McMahon on 01/15/2020) (dt) Picked up by Patterson Belknap Webb & Tyler LLP January 16, 2020. Modified on 1/16/2020 (dt). (Entered: 01/15/2020)
379 Vacated as per Judge's Order dated 2/7/2020, Doc. # 398 Writ of Habeas Corpus ad Testificandum Issued as to Kurtis Williams for February 11, 2020. (Signed by Judge Colleen McMahon on 01/15/2020) (dt) Picked up by Patterson Belknap Webb & Tyler LLP January 16, 2020. Modified on 1/16/2020 (dt). Modified on 2/7/2020 (mml). (Entered: 01/15/2020)
380 Vacated as per Judge's Order dated 1/28/2020, Doc. # 386 Writ of Habeas Corpus ad Testificandum Issued as to Vance Jackson for February 11, 2020. (Signed by Judge Colleen McMahon on 01/15/2020). (dt) Picked up by Patterson Belknap Webb & Tyler LLP January 16, 2020. Modified on 1/16/2020 (dt). Modified on 1/28/2020 (mml). (Entered: 01/15/2020)
381 Writ of Habeas Corpus ad Testificandum Issued as to Steven Lovett for February 10, 2020. (Signed by Judge Colleen McMahon on 01/15/2020). (dt) Picked up by Patterson Belknap Webb & Tyler LLP January 16, 2020. Modified on 1/16/2020 (dt). (Entered: 01/15/2020)
382 Writ of Habeas Corpus ad Testificandum Issued as to Silburn Spence for February 10, 2020. (Signed by Judge Colleen McMahon on 01/15/2020). Picked up by Patterson Belknap Webb & Tyler LLP January 16, 2020. (dt) Modified on 1/16/2020 (dt). (Entered: 01/15/2020)
383 Vacated as per Judge's Order dated 1/28/2020, Doc. # 385 Writ of Habeas Corpus ad Testificandum Issued as to Stacy Liggan for February 11, 2020. (Signed by Judge Colleen McMahon on 01/15/2020). Picked up by Patterson Belknap Webb & Tyler LLP January 16, 2020. (dt) Modified on 1/16/2020 (dt). Modified on 1/28/2020 (mml). (Entered: 01/15/2020)
384 DECISION ON PLAINTIFF'S MOTIONS IN LIMINE re: 349 THIRD MOTION in Limine to Exclude Post−Incident Evidence of or Reference to Corrections Officers' Injuries filed by Julia Ramsay−Nobles, 346 SECOND MOTION in Limine to Exclude Evidence of or Reference to the Inmate Witnesses' Criminal Convictions or Prison Disciplinary Records filed by Julia Ramsay−Nobles, 351 FOURTH MOTION in Limine to Exclude Evidence of or Reference to Grand Jury Proceedings filed by Julia Ramsay−Nobles, 343 FIRST MOTION in Limine to Exclude Evidence of or Reference to Karl Taylor's Criminal Convictions or Prison Disciplinary History filed by Julia Ramsay−Nobles, 353 FIFTH MOTION in Limine to Exclude Evidence of and Reference to Factual Findings and Conclusions of Investigative Reports filed by Julia Ramsay−Nobles. This constitutes the decision and order of the court. It is a written opinion. The Clerk is directed to remove the following motions from the court's list of open motions: Docket ## 343, 346, 349, 351, and 353. (Signed by Judge Colleen McMahon on 1/22/2020) (mml) (Entered: 01/22/2020)
Minute Entry for proceedings held before Judge Colleen McMahon: Final Pretrial Conference held on 1/24/2020. Final Pretrial Conference: The court heard argument and made rulings on the parties witnesses and proposed exhibits regarding Plaintiffs claims against the Supervisor Defendants and the C.O. Defendants. The parties discussed trial logistics. Submitted by: Nicole A. Palmadesso. (Court Reporter Paula

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Speer) (mde) (Entered: 01/24/2020)
385 ORDER VACATING WRIT OF HABEAS CORPUS AD TESTIFICANDUM: Plaintiff no longer intends to call inmate STACY LIGGAN (DIN No. 05−A−4273) to testify in the trial of this matter. THEREFORE, IT IS HEREBY ORDERED that the Court's previously issued Writ of Habeas Corpus Ad Testificandum dated January 15, 2020 is VACATED as moot and the transfer of STACY LIGGAN is no longer necessary. (Signed by Judge Colleen McMahon on 1/27/2020) (mml) Transmission to Orders and Judgments Clerk for processing. (Entered: 01/28/2020)
386 ORDER VACATING WRIT OF HABEAS CORPUS AD TESTIFICANDUM: Plaintiff no longer intends to call inmate VANCE JACKSON (DIN No. 11−A−0701) to testify in the trial of this matter. THEREFORE, IT IS HEREBY ORDERED that the Court's previously issued Writ of Habeas Corpus Ad Testificandum dated January 15, 2020 is VACATED as moot and the transfer of VANCE JACKSON is no longer necessary. (Signed by Judge Colleen McMahon on 1/24/2020) (mml) Transmission to Orders and Judgments Clerk for processing. Modified on 1/28/2020 (mml). (Entered: 01/28/2020)
387 ORDER: The Court having convened the final pretrial conference and heard the parties' objections to the exhibits in dispute, the following exhibits are admitted, as further set forth. (Signed by Judge Colleen McMahon on 1/27/2020) (mml) (Entered: 01/28/2020)
388 LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated February 3, 2020 re: expert testimony of Dr. Alexander S. Bardey at upcoming trial. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased)..(Mangi, Adeel) (Entered: 02/03/2020)
389 LETTER addressed to Judge Colleen McMahon from Kirk O. Orseck dated 02−04−2020 re: Proffer. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte..(Orseck, Kirk) (Entered: 02/04/2020)
390 PRETRIAL MEMORANDUM. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit A − Bardey Expert Report, # 2 Exhibit B − Bardey Deposition Transcript).(Mangi, Adeel) (Entered: 02/05/2020)
391 BRIEF − Plaintiff's Bench Memorandum on Supervisor Defendants' Objections to Plaintiff's Deposition Designations for Jeffrey Hunt. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit A − Objections and Counterdesignations, # 2 Exhibit B − Hunt Designations).(Mangi, Adeel) (Entered: 02/05/2020)
392 BRIEF − Plaintiff's Bench Memorandum regarding the Testimony of Defendants' Expert Gary E. Christensen. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit A, Dr. Christensen's expert report).(Mangi, Adeel) (Entered: 02/05/2020)
393 LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated February 5, 2020 re: Plaintiff's amended trial exhibit list. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1 − Revised Exhibit List, # 2 Text of Proposed Order).(Mangi, Adeel) (Entered: 02/05/2020)
394 MEMO ENDORSEMENT on re: 393 Letter, filed by Julia Ramsay−Nobles. ENDORSEMENT: Jury selection will start on Tuesday, February 11, 2020 at 10 AM. Please let all parties/counsels know. (Jury Selection set for 2/11/2020 at 10:00AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 2/6/2020) (mml) (Entered: 02/06/2020)
395 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/24/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Paula Speer, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court

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Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/6/2020..(McGuirk, Kelly) (Entered: 02/06/2020)
396 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/24/2020 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 02/06/2020)
397 LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated February 6, 2020 re: proposed order vacating Writ of Habeas Corpus Ad Testificandum as to Kurtis Williams. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Text of Proposed Order Vacating Writ of Habeas Corpus).(Mangi, Adeel) (Entered: 02/06/2020)
398 ORDER VACATING WRIT OF HABEAS CORPUS AD TESTIFICANDUM: Plaintiff no longer intends to call inmate KURTIS WILLIAMS (No. 09002681) to testify in court in the trial of this matter. THEREFORE, IT IS HEREBY ORDERED that the Court's previously issued Writ of Habeas Corpus Ad Testificandum dated January 15, 2020 is VACATED as moot and the transfer of KURTIS WILLIAMS is no longer necessary. (Signed by Judge Colleen McMahon on 2/6/2020) (mml) (Entered: 02/07/2020)
399 DECISION ON PLAINTIFF'S MOTIONS IN LIMINE: 1. Dr. Alexander Bardey will not be permitted to testify for the defense, for the reasons set out in the Plaintiff's Bench Memorandum (which is not a bench memorandum − those are prepared by my law clerks − but rather, a brief in support of a motion to preclude his testimony, which is an outstanding in limine issue). Dr. Bardey has absolutely no basis to testify about what Plaintiff's decedent − whom he has never met − would have perceived on the morning he died. Treating physician testimony and information from his prison medical records, not the suppositions of a purported expert who has never seen Karl Taylor, will be sufficient to establish that he suffered from mental illness; defendants are free to ask the jury to devalue the life of a person with mental disabilities, and we will see how kindly the jury takes to that argument. 2. I will rule on the objections to the deposition testimony of Officer Hunt at some point before he takes the stand, but I can tell you right now that most of these objections appear to be meritless. However, dues to Judge Batts' death and the preparations for her funeral, I cannot immerse myself in Officer Hunt's testimony today or Monday. 3. Dr. Christensen will not be permitted to testify about his views on which witnesses are telling the truth, or whose testimony should be believed when there is a dispute. Any effort to introduce such testimony will be met with most vigorous intervention by the court. I will be listening with extra care to Dr. Christensen. (Signed by Judge Colleen McMahon on 2/7/2020) (mml) (Entered: 02/07/2020)
Minute Entry for proceedings held before Judge Colleen McMahon: Jury Selection and trial begun on 2/11/2020. (Court Reporter Kristen Carannante, Eve Giniger, Sam Mauro). (mde) (Entered: 03/03/2020)
400 ORDER ADMITTING PLAINTIFF'S ADDITIONAL TRIAL EXHIBITS: IT IS HEREBY ORDERED that the following exhibits are admitted: PTX−6, PTX−239A, PTX−239B, PTX−269, PTX−277, PTX−279, PTX−287 (as redacted), PTX−293A, PTX−293B, PTX−293C, PTX−293D, PTX−293E, PTX−410, PTX−414. SO ORDERED. (Signed by Judge Colleen McMahon on 2/12/2020) (ks) (Entered: 02/12/2020)
Minute Entry for proceedings held before Judge Colleen McMahon: Jury Trial held and continued on 2/12/2020. (Court Reporter Kristen Carannante, Eve Giniger, Sam Mauro). (mde) (Entered: 03/03/2020)
401 DECISION ON THE SUPERVISOR DEFENDANTS' OBJECTIONS TO THE PLAINTIFF'S DEPOSITION DESIGNATIONS FOR OFFICER JEFFREY HUNT: The Court having reviewed the Supervisor Defendants' objections to the Plaintiffs

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deposition designations for Officer Jeffrey Hunt and Plaintiffs responses thereto (Dkt. No. 391), the Supervisor Defendants' objections to the following designations are OVERRULED: 6:3−9, 66:24−68:1, 85:2−86:16, 89:1−24, 179:2−181:16, 185:9−13, 199:4−8, 199:24−200:5, 200:13−16, 201:5−208:18: for the limited purpose of the fact that these conversations took place. The jury will be instructed accordingly. 209:15−20, 210:1−16, 225:3−226:1, 226:5−15: through "heart attack" The Supervisor Defendants' objections to the following designations are SUSTAINED: 66:10−19, 86:17−25, 89:25−90:7, 181:17−182:18, 182:19−22, 199:4−8, 200:17−201:4, 209:21−25, 226:2−4, 226: 15 − starting with "And she says" − through 226:16. I cannot rule on designation 84:14−22 as this question refers to an email that I do not have. (Signed by Judge Colleen McMahon on 2/13/2020) (mml) (Entered: 02/13/2020)
Minute Entry for proceedings held before Judge Colleen McMahon: Jury Trial held and continued on 2/13/2020. (Court Reporter Kristen Carannante, Eve Giniger, Sam Mauro). (mde) (Entered: 03/03/2020)
402 PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte..(Orseck, Kirk) Proposed Writ of Habeas Corpus Ad Testificandum to be reviewed by Clerk's Office staff. (Entered: 02/14/2020)
403 MEMORANDUM OF LAW in Opposition re: 402 Proposed Writ of Habeas Corpus Ad Testificandum, . Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased)..(Mangi, Adeel) (Entered: 02/14/2020)
***NOTICE TO COURT REGARDING PROPOSED WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Document No. 402 Proposed Writ of Habeas Corpus Ad Testificandum, was reviewed and approved as to form. (dt) (Entered: 02/14/2020)
404 MEMORANDUM OF LAW in Support re: 402 Proposed Writ of Habeas Corpus Ad Testificandum, . Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte..(Orseck, Kirk) (Entered: 02/14/2020)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 366 MOTION for Writ of Habeas Corpus ad testificandum as to Kurtis Williams .. The document has been reviewed and there are no deficiencies. (vba) (Entered: 02/18/2020)
405 NOTICE of WITHDRAWAL OF COUNSEL. Document filed by Edward Burnett, William Keyser..(Faherty, Colleen) (Entered: 02/18/2020)
Minute Entry for proceedings held before Judge Colleen McMahon: Jury Trial held and continued on 2/18/2020. (Court Reporter Kristen Carannante, Eve Giniger, Sam Mauro). (mde) (Entered: 03/03/2020)
406 ORDER DISALLOWING WRIT OF PRODUCTION: Williams' deposition testimony was read into the record yesterday morning − both the Plaintiffs designations and the Supervisor Defendants' cross−designations. The decision whether to issue a writ to bring in a prisoner to testify for trial is committed to the sound discretion of the court. In an exercise of my discretion I allowed the deposition testimony to be read. As far as the court is concerned, the application to writ Williams in is now moot. I note for the record that Williams does not appear on the witness list of the Corrections Officers; he was scheduled to testify only on the Plaintiff's case. The court had ruled that he could testify by deposition. Since counsel for the Corrections Officer Defendants did not see fit to alert chambers by phone or fax to their last−second application for a writ − in effect, for reconsideration of a ruling already made by the court − the court had no ability to deal with the application last Friday afternoon, when it was made. By the time I was aware of the application it was too late to writ the witness, as Plaintiff was scheduled to rest, and did rest that very day. The Officer Defendants suffer no prejudice as a result. Defendants never indicated an interest in calling Williams on their case (and indeed, their opportunity to list him as a witness on their case expired long ago). The jury has now heard Williams' testimony − together with the Supervisor Defendants' cross−designations, which were read to the jury along with the deposition

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testimony that was offered by Plaintiff. The Officer Defendants had plenty of opportunity to cross examine Williams during his examination, and to offer cross−designations as well. Writting Williams in now so that he can say again what the jury has already heard would be purely duplicative. There is simply no reason to do it − it certainly would not "substantially further the resolution of the case," which is one of the factors to be considered when deciding whether to grant or deny a writ to bring in a prisoner from a distant facility. 28 U.S.C. § 2241; In re Bernard L. Madoff Inv. Sec. LLC, 2014 U.S. Dist. LEXIS 48401, at* 17 (S.D.N.Y. Mar. 31, 2014). And the disruption to a trial that writing in Williams would have caused would have been ill advised. The trial is running long; it will inevitably go into a third week. Plaintiffs counsel made a good faith effort to get Williams into the district at a time when it was feasible to do so. I do not fault Plaintiff for not seeking a new writ given the last minute, mid−trial nature of the information that Williams was back in custody. The application for a writ is disallowed. The Clerk should remove Docket #402 from the court's list of open motions if it in fact appears thereon. (Signed by Judge Colleen McMahon on 2/19/2020) (mml) (Entered: 02/19/2020)
Minute Entry for proceedings held before Judge Colleen McMahon: Jury Trial held and continued on 2/19/2020. (Court Reporter Kristen Carannante, Eve Giniger, Sam Mauro). (mde) (Entered: 03/03/2020)
Minute Entry for proceedings held before Judge Colleen McMahon: Jury Trial held and continued on 2/20/2020. (Court Reporter Kristen Carannante, Eve Giniger, Sam Mauro). (mde) (Entered: 03/03/2020)
407 REQUEST TO CHARGE. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte..(Orseck, Kirk) (Entered: 02/21/2020)
408 BRIEF − Plaintiff's Memorandum in Opposition to the Corrections Officer Defendants' Motion to Dismiss Plaintiff's Claim for Loss−of−Life Damages. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased)..(Mangi, Adeel) (Entered: 02/22/2020)
409 Exhibit List Supplemental. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte..(Orseck, Kirk) (Entered: 02/23/2020)
410 REQUEST TO CHARGE. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte..(Orseck, Kirk) (Entered: 02/23/2020)
411 NOTICE of DESIGNATIONS OF KURTIS WILLIAMS TESTIMONY. Document filed by Timothy Bunch, Joseph Daddezio, Kevin Darling, John Frunzi, Felix Santos, James Steinberg, Jr, Shane Topel, Bruce Tucker, Daniel Walter, Michael Weir, Steven Witte..(Orseck, Kirk) (Entered: 02/23/2020)
412 TRIAL MEMORANDUM. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit A − Redline Jury Charge, # 2 Exhibit B − [Plaintiff's Revised Proposed] Verdict Sheet).(Mangi, Adeel) (Entered: 02/23/2020)
Minute Entry for proceedings held before Judge Colleen McMahon: Jury Trial held and continued on 2/24/2020. (Court Reporter Kristen Carannante, Eve Giniger, Sam Mauro). (mde) (Entered: 03/03/2020)
Minute Entry for proceedings held before Judge Colleen McMahon: Jury trial held and completed on 2/25/2020. SETTLED during trial. (Submitted by Nicole A. Palmadesso). (Court Reporter Kristen Carannante, Eve Giniger, Sam Mauro). (mde) (Entered: 03/03/2020)
413 TRANSCRIPT of Proceedings re: TRIAL held on 2/11/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Kristen Carannante, (212) 805−0300.

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Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/3/2020..(McGuirk, Kelly) (Entered: 03/05/2020)
414 TRANSCRIPT of Proceedings re: TRIAL held on 2/12/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Eve Giniger, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/3/2020..(McGuirk, Kelly) (Entered: 03/05/2020)
415 TRANSCRIPT of Proceedings re: TRIAL held on 2/13/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Kristen Carannante, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/3/2020..(McGuirk, Kelly) (Entered: 03/05/2020)
416 TRANSCRIPT of Proceedings re: TRIAL held on 2/18/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Kristen Carannante, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/3/2020..(McGuirk, Kelly) (Entered: 03/05/2020)
417 TRANSCRIPT of Proceedings re: TRIAL held on 2/19/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Kristen Carannante, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/3/2020..(McGuirk, Kelly) (Entered: 03/05/2020)
418 TRANSCRIPT of Proceedings re: TRIAL held on 2/20/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Kristen Carannante, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/3/2020..(McGuirk, Kelly) (Entered: 03/05/2020)
419 TRANSCRIPT of Proceedings re: TRIAL held on 2/24/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Eve Giniger, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/3/2020..(McGuirk, Kelly) (Entered: 03/05/2020)
420 TRANSCRIPT of Proceedings re: TRIAL held on 2/25/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Eve Giniger, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/3/2020..(McGuirk, Kelly) (Entered: 03/05/2020)
421 STATUS REPORT. Re: Installation of Cameras at Sullivan Correctional Facility Document filed by Edward Burnett, William Keyser..(Durden, Rebecca) (Entered: 03/13/2020)

03/20/2020 03/23/2020 04/17/2020 04/17/2020 04/20/2020 04/22/2020
05/05/2020 05/05/2020

422 LETTER MOTION for Conference to address settlement dispute addressed to Judge Colleen McMahon from Adeel A. Mangi dated March 20, 2020. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit A − 2/25/20 Trial Transcript).(Mangi, Adeel) (Entered: 03/20/2020)
423 LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Rebecca Ann Durden dated March 23, 2020 re: 422 LETTER MOTION for Conference to address settlement dispute addressed to Judge Colleen McMahon from Adeel A. Mangi dated March 20, 2020. . Document filed by William Keyser..(Durden, Rebecca) (Entered: 03/23/2020)
424 STATUS REPORT. Re: Installation of Cameras at Sullivan Correctional Facility Document filed by William Keyser..(Durden, Rebecca) (Entered: 04/17/2020)
425 LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated April 17, 2020 re: response to Ms. Durden's letter to the Court dated April 17, 2020 [Dkt. No. 424]. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased)..(Mangi, Adeel) (Entered: 04/17/2020)
426 LETTER addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 20, 2020 re: Plaintiff's April 17, 2020 Letter. Document filed by William Keyser..(Durden, Rebecca) (Entered: 04/20/2020)
427 ENDORSED LETTER addressed to all counsel in Ramsay−Nobles v. Keyser (16 Civ. 5778)(CM) from Chief Judge McMahon dated 4/22/2020 re: Your letters of April 17. ENDORSEMENT: I have reviewed your letters of April 17. There is, in my opinion, nothing for me to do. The case was settled in mid−trial. If an exact date, or even a time frame, for installing camera and microphones was essential to the settlement, it should have been put on the record at that time − or we should have continued with the trial. But everything I heard from both parties was at best aspirational. And the landscape has altered dramatically since we parted in February. In view of the COVID crisis, and the unprecedented stress (financial and otherwise) that it has put on correctional facilities, I am simply not prepared to start negotiating the precise terms of bidding and installation that the parties were content for whatever reason, to leave vague at the time the settlement was put on the record. Frankly, it is enough for me to know that this is going to happen in what I consider to be the foreseeable future. If it took three years to get a first rate camera and microphone system installed in Attica, and if Attica is the gold standard to be emulated at Sullivan it would be irrational for me to expect cameras and microphones of similar quality to be installed at Sullivan this year − especially in the middle of a pandemic that we all expect will last well into next year. I want the settlement agreement signed now. I want Ms. Ramsay−Nobles to get paid soon. That is, and always has been, my highest priority. So get it done. (Signed by Judge Colleen McMahon on 4/22/2020) (mml) (Entered: 04/22/2020)
428 LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated May 5, 2020 re: enclosed Stipulation of Settlement, General Release, and Order of Dismissal. Document filed by Julia Ramsay−Nobles(Individually ), Julia Ramsay−Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Stipulation of Settlement).(Mangi, Adeel) (Entered: 05/05/2020)
429 STIPULATION OF SETTLEMENT, GENERAL RELEASE AND ORDER OF DISMISSAL: By June 24, 2020, which is one hundred and twenty (120) days from the date that the parties memorialized settlement terms on the record be fore Chief Judge Colleen McMahon, the State of New York on behalf of the Defendant shall pay five million dollars ($5,000,000) in full satisfaction of any and all claims, allegations or actions, direct or indirect, known or unknown, that Plaintiff had or has against the Defendants, whether in their individual or official capacities, arising out of conduct, acts, or omissions prior to, up to and including the date of the Stipulation of Settlement, as further set forth. The State of New York, on behalf of the Defendants shall pay the Estate of Karl Taylor through Plaintiff in her capacity as Administratrix of the Estate of Karl Taylor, the sum of four million seven hundred and fifty thousand dollars ($4,750,000) in compensatory damages for conscious pain and suffering incurred by Karl Taylor immediately prior to his April 13, 2015 death, as further set forth. The State of New York, on behalf of the Defendants, shall pay to attorneys for Plaintiff Patterson Belknap, the sum of two hundred and fifty thousand dollars

05/05/2020

($250,000) in full satisfaction of any and all claims, purported claims, allegations, or causes of action for attorneys' fees, costs, disbursements, and expenses incurred by Plaintiff for any and all legal counsel who have at any time represented Plaintiff in the Federal Action, Court of Claims Action, or in connection with any other proceeding, administrative, judicial or otherwise, and any other claim or action based upon or alleging any of the acts, transactions, occurrences, or omissions asserted or purportedly asserted in the Federal Action against Defendants or the Court of Claims action against the State of New York. Pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii), Plaintiff hereby discontinues and dismissed with prejudice the Federal Action without payments, attorneys fees, costs, disbursements, or expenses other than those specified in this Stipulation of Settlement. Plaintiff hereby waives her right to reactivate the Court of Claims Action, which has been conditionally dismissed. It is understood and agreed that the Estate of Karl Taylor shall be solely responsible for any taxes, interest, or penalties on taxes on the sum of four million seven hundred and fifty thousand dollars ($4,750,000) paid from the State of New York to the Estate of Karl Taylor. It is understood and agreed that Patterson Belknap shall be solely responsible for any taxes, interest, or penalties on taxes on the sum of two hundred and fifty thousand dollars ($250,000) paid from the State of New York to Patterson Belknap, as further set forth in this Order. (Signed by Judge Colleen McMahon on 5/5/2020) (mml) Modified on 5/6/2020 (mml). (Entered: 05/05/2020)
Terminate Transcript Deadlines. (mml) (Entered: 05/05/2020)

 
 Case 1:16-cv-05778-CM-BCM Document 1 Filed 07/20/16 Page 1 of 17

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JULIA RAMSAY-NOBLES,individually and as Administratrix ofthe Estate ofKarl Taylor, Deceased,
Plaintiff,
-against-
WILLIAM KEYSER,Superintendent ofthe Sullivan Correctional Facility, in his individual capacity; EDWARD BURNETT,Deputy Superintendent of the Sullivan Correctional Facility, in his individual capacity; BRUCE TUCKER,STEVEN WITTE,and SHANE TOPEL,Correction Officers at the Sullivan Correctional Facility, in their individual capacities; SENIOR SULLIVAN OFFICERS 1-20, in their individual capacities; and SULLIVAN CORRECTION OFFICERS 1-20,in their individual capacities,'
Defendants.

COMPLAINT
JURY TRIAL DEMANDED Civil Action No.

Plaintiff Julia Ramsay-Nobles,individually and as Administratrix ofthe Estate ofKarl Taylor,for her complaint in this case, alleges the following:

INTRODUCTION 1. This is a civil rights action brought by Plaintiff Julia Ramsay-Nobles, individually and as Administratrix ofthe Estate ofKarl Taylor,seeking redress for the death ofher brother, Karl Taylor, who was incarcerated at the Sullivan Correctional Facility("Sullivan")in Fallsburg, New York. On April 13,2015, Karl Taylor was beaten by Correction Officers("COs")at Sullivan after he had been restrained, and died as a result.

~ The identities of Senior Sullivan Officers 1-20 and the Sullivan Correction Officers 1-20 will be determined during discovery. The spelling ofthe Correction Officers' names is phonetic, potentially incomplete, and subject to correction.
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2. Defendants' actions violated Karl Taylor's rights under the Eighth and Fourteenth Amendments ofthe United States Constitution and 42 U.S.C. §§ 1983 and 1985. Plaintiffseeks redress for Defendants' acts and omissions that were contrary to the norms ofa civilized society, deprived Karl Taylor ofcivil rights protected by law,and caused his death.
JURISDICTION AND VENUE 3. This Court has subject matter jurisdiction in this case pursuant to 28 U.S.C. §§ 1331, 1343(a)(3),and 1343(a)(4)because this is an action for redress for the violation ofKarl Taylor's constitutional and civil rights. Defendants work or worked at Sullivan, where the events giving rise to Plaintiff's claims took place, and are subject to personal jurisdiction. 4. Venue is proper in the U.S. District Court for the Southern District ofNew York pursuant to 28 U.S.C. § 1391(b)(2) because the events giving rise to Plaintiff's claims took place therein.
JURY DEMAND 5. Plaintiff demands a trial by jury in this action on all claims for which jury trial is legally available.
PARTIES 6. Karl Taylor was an African-American man who was incarcerated at Sullivan, a maximum security prison located in Fallsburg, New York. He was 52 years old when he died at Sullivan on April 13,2015. 7. Julia Ramsay-Nobles is Mr. Taylor's older sister. On February 3,2016,the Surrogate's Court, Sullivan County issued Ms. Ramsay-Nobles Letters of Limited Administration, subsequently amended on Apri128,2016,appointing her the Administratrix of
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the Estate ofKarl Taylor. Said Letters remain in full force and effect, and have not been revoked.
8. At all relevant times herein, upon information and belief, William Keyser was Superintendent of Sullivan. As Superintendent, Mr. Keyser was the highest-ranking official at Sullivan, and was responsible for the supervision, oversight, and discipline ofthe uniformed security staff at Sullivan. He was also responsible for the care, custody, and control of all individuals incarcerated at Sullivan. While carrying out the acts and omissions alleged herein, Superintendent Keyser was acting under the color of state law and in the scope of his capacity as an agent,servant, or employee ofthe Department ofCorrections and Community Supervision ("DOCCS"). Plaintiff sues Defendant Keyser in his individual capacity.
9. At all relevant times herein, upon information and belief, Defendant Edward Burnett was Deputy Superintendent of Sullivan. As Deputy Superintendent, Mr. Burnett was the second-highest ranking official at Sullivan, and with Superintendent Keyser, was responsible for the supervision, oversight, and discipline ofthe uniformed security staffat Sullivan. He,with Superintendent Keyser, was also responsible for the care, custody, and control of all individuals incarcerated at Sullivan. While carrying out the acts and omissions alleged herein, Deputy Superintendent Burnett was acting under the color of state law and in the scope of his capacity as an agent,servant, or employee ofthe Department ofCorrections and Community Supervision ("DOCCS"). Plaintiffsues Defendant Burnett in his individual capacity.
10. At all relevant times herein,Defendants Senior Officers 1-20 at Sullivan, (collectively,"Senior Sullivan Officers"), whose names are presently unknown, were highranking officers at Sullivan, including Sergeants and Captains, who participated in, had knowledge of, or failed to intervene in, the beating that resulted in Mr. Taylor's death. They also
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participated in, had knowledge of, or failed to intervene in the attempted cover up ofthe circumstances surrounding Mr. Taylor's death. At all relevant times herein, Senior Sullivan Officers were acting under the color ofstate law and within the scope oftheir capacities as agents,servants, or employees ofDOCCS. Plaintiffsues Defendants Senior Sullivan Officers in their individual capacities.
1 1. At all relevant times herein,Defendants Bruce Tucker, Steven Witte,and Shane Topel, were COs at Sullivan. They were involved in, present during, or on duty during the beating ofMr. Taylor on April 13,2015. At all relevant times herein, COs Tucker, Witte,and Topel were acting under color ofstate law and within the scope oftheir capacities as agents, servants,or employees ofDOCCS. Plaintiffsues Defendants Tucker, Witte, and Topel in their individual capacities.
12. At all relevant times herein,Defendants Sullivan Correction Officers 1-20 (collectively,"Sullivan COs"),whose names are presently unknown,were COs at Sullivan who unlawfully abused, harassed, or discriminated against Mr. Taylor; physically assaulted Mr. Taylor without lawfuljustification; had knowledge ofor failed to intervene in this assault on Mr. Taylor; or attempted to cover up the circumstances of Mr. Taylor's death. At all relevant times herein, Sullivan COs were acting under color ofstate law and within the scope oftheir capacities as agents,servants, or employees ofDOCCS. Plaintiffsues Defendants Sullivan COs in their individual capacities.
STAT~M~NT OF FACTS 13. In 1995, Mr. Taylor began serving consecutive New York State prison sentences of27 to 55 years.
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14. Mr. Taylor was transferred to Sullivan on or about November 25,2014. He was

housed in the Intermediate Care Program ("ICP"), located in the E North cell block on the East

Wing.

15. Applicable regulations define the ICP as a "therapeutic community" for those

with "serious mental illness":

[The ICP is] a program that includes a separate housing location

within a correctional facility designed to address the corrections-

based therapeutic treatment of inmates currently diagnosed with

what is, generally, a serious mental illness. The ICP is a

therapeutic community which provides rehabilitative services to

inmates who are unable to function in general population because

of their mental illness. The goal of the program is to improve the

inmates' ability to function through programming and treatment so

that they may return to general population.

An ICP is not

operated as a disciplinary housing unit.2

16. Sullivan is designated by statute as an ICP Level 1 facility, meaning:

"[Office of Mental Health] staff is assigned on a full-time basis and able to provide treatment to inmate-patients with a major mental disorder. The array of available specialized services includes residential crisis treatment, residential/day treatment, case management, medication monitoring by psychiatric nursing staff, and potential commitment to the central New York Psychiatric Center."3

17. While Mr.Taylor was incarcerated at Sullivan, he was arbitrarily singled out for

abuse by CO Tucker, Sullivan COs,and Senior Sullivan Officers on the basis ofhis race, mental

health, or other immutable characteristic. These individuals would routinely isolate, harass,

provoke, and inflict arbitrary punishments on Mr. Taylor in the form ofphysical acts and verbal

abuse, which included the use ofslurs related to Mr. Taylor's race or mental illness. CO Tucker,

Sullivan COs,and Senior Sullivan Officers that regularly abused Mr. Taylor were white.

See Residential Mental Health Treatment Units,N.Y.COMP.CODES R.BL REGS. tlt. 7,§ 320.4 (2011).
3 N.Y.CORK.LAW § 13~ ~ZOOH~.

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18. Upon information and belief, these individuals attempted to provoke Mr. Taylor so that his reaction would supposedly justify their violent, punitive response.
19. Superintendent Keyser, Deputy Superintendent Burnett, Senior Sullivan Officers, and Sullivan COs knew or should have known that CO Tucker and others targeted Mr. Taylor for abuse and discrimination. These Defendants failed to take any action to protect Mr. Taylor or stop the violations of Mr. Taylor's rights.
20. Some weeks or days prior to April 13,2015,COs entered Mr. Taylor's cell in his absence. They threw his possession on the floor and squirted shampoo and other liquids onto his belongings. COs were later heard boasting about having "trashed" Mr. Taylor's cell.
21. Mr. Taylor thereafter refused to clean his cell. He stated repeatedly that the COs who trashed his cell should clean it. COs,including Tucker,repeatedly directed Mr. Taylor to clean his cell.
22. On the morning of April 13,2015,there were at least three COs on duty in the area proximate to Mr. Taylor's cell: Tucker, Witte, and Topel.
23. CO Tucker began harassing Mr. Taylor, including with regard to cleanliness. Without provocation, CO Tucker then attacked and beat Mr. Taylor, hitting him with a baton. Mr. Taylor called for help, and requested to be taken to "OBS," a safe, solitary space where inmates with mental health issues can be observed. No help arrived.
24. After enduring unprovoked blows from CO Tucker, Mr. Taylor grabbed the baton from CO Tucker and hit him with it on his forearm.
25. Upon information and belief, COs Witte and Tope]then tackled Mr. Taylor. One ofthem grabbed Mr. Taylor's legs and another grabbed him around his neck. Together,the COs restrained Mr. Taylor,forced him to the ground,facedown,and handcuffed him.
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26. Mr. Taylor told the COs that he could not breathe. Other inmates who could see and hear what was happening from their cells starting yelling to COs Witte and Topel words to the effect of"he can't breathe" and "he's not resisting." Upon information and belief,the COs did not release Mr. Taylor.
27. After Mr. Taylor had been restrained facedown,a group ofadditional Senior Sullivan Officers and Sullivan COs arrived upon the scene. They further beat, punched,kicked, and otherwise struck Mr. Taylor, even though his hands were tied and he was fully restrained.
28. One or more ofthe Defendants shouted racial epithets at Mr. Taylor,including the word "nigger," as they beat him.
29. By the end ofthe beating, Mr. Taylor's body was limp but he was still conscious. Upon information and belief, Senior Sullivan Officers and Sullivan COs lifted Mr. Taylor and carried him into the hallway connecting E North to other areas of Sullivan. Inmates could not see into the hallway from their cells.
30. Upon information and belief, the officers continued to beat Mr. Taylor in the hallway while he was fully restrained.
31. Upon information and belief, other officers at Sullivan became aware that Mr. Taylor was being beaten after he had been restrained, but made no effort to intervene or summon assistance.
32. Mr. Taylor was then dragged to the Sullivan infirmary, leaving a blood trail through parts ofthe hallway, and thrown onto a bed. Superintendent Keyser and Deputy Superintendent Burnett entered or were present in the infirmary around this time.
33. Mr. Taylor was pronounced dead at 9:25 am on April 13,2015.
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34. Mr. Taylor's death was caused by injuries inflicted upon him by COs Tucker, Witte, and Topel; Sullivan COs; and Senior Sullivan Officers.
35. An Autopsy Report conducted on April 13,2015 noted "blunt impact injuries of the head, torso, and extremities as well as compression of neck injuries." Injuries to the head included contusions on the bridge ofthe nose,right forehead, upper and lower lips, and a laceration above the left eye. The Medical Examiner noted a "subarachnoid hemorrhage ... of the left temporal lobe ofthe brain." Neck injuries included hemorrhages in the "subcutaneous soft tissue ofthe midline ofthe neck,"the "strap muscles ofthe neck," and the "midline ofthe muscles ofthe posterior aspect ofthe neck." Mr. Taylor had fractures ofhis thyroid cartilage and petechiae present in his conjunctivae.
36. Mr. Taylor's "manner of death" was listed in the Autopsy Report as "homicide." 37. After Mr. Taylor was taken to the infirmary, several Sullivan COs or inmates assigned to "blood spill" cleaned up Mr. Taylor's blood and other evidence ofthe beating. Sullivan COs or inmates, at COs'instruction, bleached or painted over Mr. Taylor's cell, and disposed of Mr. Taylor's personal effects. 38. In the immediate aftermath of Mr. Taylor's death, Sullivan COs told inmates that they would be "thrown in the hole"ifthey spoke to investigators about what had happened. Upon information and belief, inmates were sent to solitary confinement after witnessing what happened to Mr. Taylor or speaking out. 39. Shortly after Mr. Taylor's death, New York State investigators arrived at Sullivan and interviewed inmates about Mr. Taylor's beating and death. Some inmates declined to speak with investigators or tell investigators what they had seen,for fear ofretaliation.
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40. Investigators told at least one inmate that part ofthe events leading to Mr. Taylor's death had been captured on video, which at least one ofthe investigators had watched.
41. Upon information and belief, Defendants conspired to beat Mr. Taylor and cover up their role in the events that led to Mr. Taylor's death. Upon information and belief, their actions included:
a. Hiding evidence of Mr. Taylor's beating by cleaning up Mr. Taylor's blood before New York State investigators arrived, cleaning, bleaching, and painting over Mr. Taylor's cell, as well as the areas where he was beaten, and disposing of Mr. Taylor's clothes or personal effects;
b. Threatening potential witnesses and retaliating against witnesses who spoke out about how Mr. Taylor was killed;
c. Jointly devising a false, exculpatory version ofthe events ofApril 13,2015, which would be told to investigating authorities;
d. Lying to New York State investigators about the events ofApril 13,2015; e. Using the New York State Correction Officers and Police Benevolent Association
("NYSCOPBA")to propagate a false narrative ofthe events surrounding Mr. Taylor's death,including falsely claiming that Mr. Taylor had started the fight with CO Tucker by "punching[CO Tucker]in the head"4; f. Coordinating false testimony that was presented to a grand jury assembled by the Sullivan County District Attorney; g. Otherwise suppressing incriminating information.
4 NYSCOPBA News from the Field, http://www.n~pba.org/news-field (last visited Feb. 5, 2016).
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42. Mr.Taylor's autopsy report was prepared on and dated April 13,2015,the day he was killed. However,in or about August 2015,officials from the Sullivan County Coroner's Office falsely represented to the media and Mr. Taylor's next-of-kin that the autopsy had not been completed.5
43. After Mr. Taylor died, a person at Sullivan whose identity is unknown called Ms. Ramsay-Nobles and told her that Mr. Taylor was"code blue." She was provided with no further information.
44. After Mr. Taylor died, Sullivan officials did not release any of Mr. Taylor's personal property to Ms.Ramsay-Nobles,even after she identified herself as his next ofkin. DOCCS did send Ms.Ramsay-Nobles a check dated April 15,2015 for two dollars.
45. Defendants contributed to or permitted a culture at Sullivan whereby Sullivan COs abused or discriminated against incarcerated people at Sullivan, and this abuse and discrimination was concealed or otherwise covered up. Defendants failed to establish and implement policies that would protect inmates' civil rights, and failed to supervise, train or monitor COs at Sullivan under their charge.
46. Upon information and belief, Superintendent Keyser, Deputy Superintendent Burnett, and Senior Sullivan Officers were aware of or deliberately indifferent to a pattern and practice ofCOs'abuse ofinmates,including Mr. Taylor. Defendants knew or should have known that CO Tucker, Senior Sullivan Officers, and Sullivan COs had a history of abuse and violence towards inmates with mental illness, including Mr. Taylor. Upon information and belief, Superintendent Keyser, Deputy Superintendent Burnett, and Senior Sullivan Officers
See, e.g., Crimesider Staff, Group wants federal probe ofNY prisons expanded,CBS NEws, (August 21,2015,8:03 am),http://www.cbsnews.com/news/ roue-wants-federal-probe-of-nyprisons-expanded/.
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knew that Sullivan COs,and CO Tucker in particular, would target inmates suffering from mental illness because they were less likely to complain or report misconduct.
47. Inmates had on numerous occasions reported CO Tucker's, Senior Sullivan Officers', and Sullivan COs' abusive and racist treatment to higher-ranking Sullivan officials. Additionally, Senior Sullivan Officers knew or should have known that Sullivan COs would sometimes deliberately fail to process inmate grievances alleging COs' abusive conduct.
FIRST CAUSE OF ACTION Against All Defendants under 42 U.S.C.§ 1983 48. Plaintiffrealleges and incorporates by reference the allegations set forth in paragraphs 1-47 above with the same force and effect as iffully set forth herein. 49. The acts ofDefendants constituted conduct under color ofstate law that deprived Mr. Taylor ofrights, privileges, and immunities secured by the Constitution and laws ofthe United States, including the Eighth and Fourteenth Amendments. 50. The Supreme Court has emphasized that "the Eighth Amendment places restraints on prison officials, who may not ...use excessive physical force against prisoners."~ "Being violently assaulted in prison is simply not part ofthe penalty that criminal offenders pay for their offenses against society," and COs who engage in such assaults under color oflaw are violating the Eighth Amendment.' 51. Upon information and belief, Senior Sullivan Officers; Sullivan COs;and COs Tucker, Witte, and Topel, used excessive and unlawful force against Mr. Taylor, maliciously and with the intent and purpose ofcausing harm. This force constituted cruel and unusual punishment, and ultimately, Mr. Taylor's death.
6 Fai^rr~er v. Brown,511 U.S. 825,832(1994)(citations omitted). ~ Id. at 834(internal quotations and citations omitted).
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52. Mr. Taylor was intentionally treated differently from similarly-situated individuals without rational basis, or was discriminated against based on race. Evidence ofthis disparate treatment can be found in the previous paragraphs, and includes CO Tucker, Senior Sullivan Officers, and Sullivan COs singling out Mr. Taylor for abuse, harassment, and arbitrary punishment; repeated physical and verbal abuse including racial slurs; and use ofracial slurs while beating Mr. Taylor after he had been restrained on April 13,2015,the date ofhis death. These officers were motivated by discriminatory animus.
53. Defendants Superintendent Keyser, Deputy Superintendent Burnett, and Senior Sullivan Officers permitted,tolerated, caused,knew about,should have known about,or were deliberately indifferent or grossly negligent to a pattern and practice of severe abuse and neglect, constituting torture, against inmates at Sullivan prior to and during the time of Mr. Taylor's death;the practice ofracially discriminatory treatment ofincarcerated individuals,including Mr. Taylor; and the arbitrary targeting of Mr. Taylor for abuse and punishment. Despite this knowledge,these Defendants consciously permitted the custom or practice ofsevere physical abuse, emotional abuse, neglect, and discrimination to continue. Their failure to take measures to curb this pattern ofabuse and discrimination constituted acquiescence ofthe known unlawful behavior oftheir subordinates,and deliberate indifference to the rights and safety ofthe incarcerated individuals in their care and custody, and specifically, Mr. Taylor. These Defendants were grossly negligent or failed to supervise, train, and oversee COs at Sullivan. Their conduct deprived Mr. Taylor of his rights, and was a substantial factor in the continuation ofsuch abuse, a proximate cause of Constitutional violations alleged in this complaint, and ultimately, the cause of Mr. Taylor's death.
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54. Defendants had an affirmative duty and reasonable opportunity to intervene, on behalfof Mr. Taylor,to prevent his beating, discrimination,the use offorce that resulted in Mr. Taylor's death, and the attempted cover-up ofthe violation ofMr. Taylor's Constitutional rights, but due to their intentional conduct or deliberate indifference, failed to do so.
55. Defendants committed the acts alleged herein intentionally, willfully, wantonly, maliciously, sadistically, or with such reckless disregard ofthe consequences as to reveal a conscious indifference to the clear risk of death or serious injury to Mr. Taylor that shocks the conscience. Defendants are liable for punitive damages.
SECOND CAUSE OF ACTION Against All Defendants under 42 U.S.C.§ 1983 for Conspiring to Violate the Eighth and Fourteenth Amendments 56. Plaintiffrealleges and incorporates by reference the allegations set forth in paragraphs 1-55 above with the same force and effect as iffully set forth herein. 57. Acting under the color of state law, Defendants conspired and acted in concert to deprive Mr. Taylor of his Constitutional rights, including the rights to be free from cruel and unusual punishment, arbitrary targeting, or racial discrimination. As a direct and proximate result ofthe conduct alleged herein, Defendants contributed to, knew of, or failed to intervene in the fatal beating of Mr. Taylor at the hands of COs at Sullivan. In committing the acts and omissions complained of herein, Defendants also breached their affirmative duty to intervene to protect Mr. Taylor's Constitutional rights from infringement by other law enforcement officers in their presence. 58. Upon information and belief, in furtherance ofthe conspiracy to contribute to and cover up the acts of brutality against Mr. Taylor on April 13,2015,Defendants' actions included:
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a. Hiding evidence of Mr. Taylor's beating by cleaning up Mr. Taylor's blood before New York State investigators arrived, cleaning, bleaching, and painting over Mr. Taylor's cell, as well as the areas where he was beaten, and disposing of Mr. Taylor's clothes or personal effects;
b. Threatening potential witnesses and retaliating against witnesses who spoke out about how Mr. Taylor was killed;
c. Jointly devising a false, exculpatory version ofthe events of April 13,2015, which would be told to investigating authorities;
d. Lying to New York State investigators about the events ofApril 13,2015; e. Using the NYSCOPBA,to propagate a false narrative ofthe events surrounding
Mr. Taylor's death, including falsely claiming that Mr. Taylor had started the fight with CO Tucker by "punching[CO Tucker]in the head"$; £ Coordinating false testimony that was presented to a grand jury assembled by the Sullivan County District Attorney; g. Otherwise suppressing incriminating information. 59. Defendants committed the foregoing acts intentionally, willfully, wantonly, maliciously, or with such reckless disregard ofthe consequences as to reveal a conscious indifference to the clear risk of death or serious injury to Mr. Taylor that shocks the conscience. Defendants are liable for punitive damages.
g NYSCOPBA News from the Field, http://www.nyscopba.or~/news-field (last visited Feb. 5, 2016).
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THIRD CAUSE OF ACTION Against All Defendants under 42 U.S.C.§ 1985(2) for Conspiring to Impede the Due Course of Justice 60. Plaintiff realleges and incorporates by reference the allegations set forth in paragraphs 1-59 above with the same force and effect as iffully set forth herein. 61. Defendants conspired together to impede the due course ofjustice,interfering with the federal and state judicial processes, with the intent of denying Mr. Taylor and his Estate the equal protection ofthe laws. 62. Defendants intimidated witnesses, destroyed evidence, and otherwise covered up their violations of Mr. Taylor's rights, as enumerated in the previous paragraphs. 63. As a direct and proximate result ofDefendants' conduct,Plaintiffclaims as damages pecuniary loss including medical expenses,funeral expenses and lost earnings, as well as non-economic damages,including conscious pain, mental anguish,and physical injury suffered by Mr. Taylor prior to his death and the consequential loss ofenjoyment oflife. 64. Defendants committed the foregoing acts intentionally, willfully, wantonly, maliciously, or with such reckless disregard ofthe consequences as to reveal a conscious indifference to the clear risk of death or serious injury to Mr. Taylor that shocks the conscience. Defendants are liable for punitive damages.
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FOURTH CAUSE OF ACTION Against All Defendants under 42 U.S.C.§ 1985(3)
for Conspiring to Interfere with Civil Rights 65. Plaintiffrealleges and incorporates by reference the allegations set forth in paragraphs 1-64 above with the same force and effect as iffully set forth herein. 66. Defendants participated in and knew ofthe conspiracy to deprive Mr.Taylor of the equal protection ofthe law on the basis ofhis race. They had the power and ability to prevent the conspiracy, but refused or neglected to do so. 67. CO Tucker, Senior Sullivan Officers, and Sullivan COs regularly called Mr. Taylor racial slurs and epithets from around the time that he arrived at Sullivan, and in particular, on the day that they beat him to death. This racial abuse was primarily or exclusively initiated by white officers. 68. CO Tucker, Senior Sullivan Officers, and Sullivan COs notoriously and frequently abused Mr. Taylor, both physically and verbally, and subjected him to arbitrary punishment. Upon information and belief, they attempted to provoke Mr. Taylor so that his reaction would justify their violence response. 69. In furtherance oftheir conspiracy, all Defendants subjected Mr.Taylor to unlawful acts,thereby depriving him ofhis rights to the equal protection ofthe laws and equal privileges and immunities under the laws in contravention ofthe Fourteenth Amendment ofthe United States Constitution. Defendants also took overt acts to participate in or cover up their violations of Mr. Taylor's rights, as enumerated in the previous paragraphs, interfering with state and federal judicial processes. 70. As a direct and proximate result of Defendants' conduct, Plaintiff claims as damages pecuniary loss, including medical expenses,funeral expenses and lost earnings, as well
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as non-economic damages,including conscious pain, mental anguish,and physical injury

suffered by Mr. Taylor prior to his death,and the consequential loss ofenjoyment oflife.

71. Defendants committed the foregoing acts intentionally, willfully, wantonly,

maliciously, or with such reckless disregard ofthe consequences as to reveal a conscious

indifference to the clear risk of death or serious injury to Mr. Taylor that shocks the conscience.

Defendants are liable for punitive damages.

DEMAND FOR RELIEF

WHEREFORE,Plaintiffdemands the following reliefagainst Defendants,jointly and

severally:

(a) Compensatory damages in an amountjust and reasonable and in conformity with

evidence at trial;

(b) Punitive damages to the extent allowable by law;

(c) Attorneys' fees;

(d) The costs and disbursements ofthis action;

(e) Interest;

(~ Such other and further relief as the Court deems just and proper.

Dated: New York, NY July 20,2016

PATTERSON BELKNAP WEBB &TYLER LLP

By: Eugene M. Gelernter Adeel A. Mangi Daniel M.Eisenberg 1 133 Avenue ofthe Americas New York,NY 10036 212-336-2000 Attorneysfo~~ PlaintiffJulia Ramsay-Nobles, Individually and as AdministJ~atrix ofthe Estate of Karl Taylor

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JULIA RAMSAY-NOBLES, individually and as Administratrix of the Estate of Karl Taylor, Deceased,
Plaintiff,
-against-
WILLIAM KEYSER, Superintendent of the Sullivan Correctional Facility, in his individual capacity; EDWARD BURNETT, Deputy Superintendent of the Sullivan Correctional Facility, in his individual capacity; JOHN FRUNZI and TIMOTHY BUNCH, Sergeants at the Sullivan Correctional Facility, in their individual capacities; BRUCE TUCKER, STEVEN WITTE, SHANE TOPEL, DANIEL WALTER, JOSEPH DADDEZIO, KEVIN DARLING, JAMES STEINBERG JR., FELIX SANTOS, and MICHAEL WEIR, Correction Officers at the Sullivan Correctional Facility, in their individual capacities; SENIOR SULLIVAN OFFICERS 1-18, in their individual capacities; and SULLIVAN CORRECTION OFFICERS 1-14, in their individual capacities, and DR. SEUNG HO LEE, in his individual capacity,
Defendants

SECOND AMENDED COMPLAINT
JURY TRIAL DEMANDED Civil Action No. 16-CV-05778

Plaintiff Julia Ramsay-Nobles, individually and as Administratrix of the Estate of Karl Taylor, for her second amended complaint in this case, alleges the following:

INTRODUCTION 1. This is a civil rights action brought by Plaintiff Julia Ramsay-Nobles, individually and as Administratrix of the Estate of Karl Taylor, seeking redress for the death of her brother, Karl Taylor, who was incarcerated at the Sullivan Correctional Facility (“Sullivan”) in Fallsburg, New York. 2. While incarcerated in New York State prisons, Karl Taylor was repeatedly

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diagnosed with severe mental illness. Nonetheless, he spent many years in solitary confinement before being transferred to Sullivan in November 2014. At Sullivan, Mr. Taylor was housed in a mental health unit as he was unable to function in general population. In this unit, he was in the Assisted Daily Living program for inmates who required assistance with basic life functions. Nonetheless, Mr. Taylor was denied adequate medical treatment, and, in particular, intervention from staff psychiatrists, as his mental health deteriorated.
3. Mr. Taylor was also repeatedly provoked and harassed by Correction Officers (“COs”) assigned to his cell block, including CO Bruce Tucker, who had a history of abusing inmates suffering from mental illness. Upon information and belief, as Mr. Taylor’s mental health deteriorated, he became less able to cope with the abuse endured from CO Tucker and other officers.
4. On the morning of April 13, 2015, CO Tucker was verbally abusive to Mr. Taylor regarding cleanliness, escalating a routine confrontation to the point where Mr. Taylor feared for his safety. Mr. Taylor called for help and requested to be taken to a protective mental health area where he would be safe. CO Tucker then took out his baton and hit Mr. Taylor. Mr. Taylor took the baton, and struck CO Tucker on the forearm.
5. Shortly thereafter, Mr. Taylor was restrained by multiple officers, including Defendants COs Tucker, Witte, Topel, Walter, Steinberg, Santos, and Weir, and handcuffed. These officers and Defendants beat and choked him on the cell block. Mr. Taylor was then restrained and taken to the hallway, which was not visible to inmates in the cell block. In the hallway, officers, including Defendants Sgts. Frunzi, and Bunch, and COs Walter, Daddezio, Darling, Santos, Steinberg, and Weir beat and choked Mr. Taylor further.
6. Mr. Taylor’s Autopsy Report observed that he suffered “blunt impact injuries of
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the head, torso, and extremities as well as compression of neck injuries.” These included contusions on the bridge of the nose, right forehead, upper and lower lips, a laceration above the left eye, a “subarachnoid hemorrhage . . . of the left temporal lobe of the brain,” as well as fractures of his thyroid cartilage and petechiae present in his conjunctivae.
7. Mr. Taylor died as a result of the beating and choking at the hands of Defendants Tucker, Witte, Topel, Frunzi, Bunch, Daddezio, Walter, Darling Steinberg, Santos, Weir, and, upon information and belief, other unknown officer and supervisor Defendants at Sullivan.
8. The Department of Corrections and Community Supervision (“DOCCS”) Defendants’1 actions violated Mr. Taylor’s rights under the Eighth and Fourteenth Amendments of the United States Constitution, 42 U.S.C. §§ 1983 and 1985, and New York State common law. Dr. Lee’s actions violated Mr. Taylor’s rights under the Eighth and Fourteenth Amendments of the United States Constitution, 42 U.S.C. § 1983, and New York State law. Plaintiff seeks redress for Defendants’ acts and omissions that were contrary to the norms of a civilized society, deprived Karl Taylor of civil rights protected by law, and caused his death.
1 The DOCCS Defendants are Superintendent William Keyser, Deputy Superintendent Edward Burnett, Sergeant (“Sgt.”) John Frunzi, Sgt. Timothy Bunch, the Senior Sullivan Officers 1-18, Correction Officer (“CO”) Bruce Tucker, CO Steven Witte, CO Shane Topel, CO Daniel Walter, CO Joseph Daddezio, CO Kevin Darling, CO James Steinberg Jr., CO Felix Santos, CO Michael Weir, and Sullivan Correction Officers 1-14.
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JURISDICTION AND VENUE 9. This Court has subject matter jurisdiction in this case pursuant to 28 U.S.C. §§ 1331, 1343(a)(3), and 1343(a)(4) because this is an action for redress for the violation of Karl Taylor’s constitutional and civil rights. Defendants work or worked at Sullivan, where the events giving rise to Plaintiff’s claims took place, and are subject to personal jurisdiction. 10. This Court has supplemental jurisdiction, pursuant to 28 U.S. § 1367(a) over state law claims that are so related to the federal claims that they form part of the same case or controversy. 11. Venue is proper in the U.S. District Court for the Southern District of New York pursuant to 28 U.S.C. § 1391(b)(2) because the events giving rise to Plaintiff’s claims took place therein.
JURY DEMAND 12. Plaintiff demands a trial by jury in this action on all claims for which jury trial is legally available.
PARTIES 13. Karl Taylor was an African-American man who was incarcerated at Sullivan, a maximum security prison located in Fallsburg, New York. He was 52 years old when he died at Sullivan on April 13, 2015. 14. Julia Ramsay-Nobles is Mr. Taylor’s older sister. On February 3, 2016, the Surrogate’s Court, Sullivan County issued Ms. Ramsay-Nobles Letters of Limited Administration, subsequently amended on April 28, 2016, appointing her the Administratrix of the Estate of Karl Taylor. Said Letters remain in full force and effect, and have not been revoked.
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15. At all relevant times herein, William Keyser was Superintendent of Sullivan. As Superintendent, Mr. Keyser was the highest-ranking official at Sullivan, and was responsible for the supervision, oversight, and discipline of the uniformed security staff at Sullivan. He was also responsible for the care, custody, and control of all individuals incarcerated at Sullivan. While carrying out the acts and omissions alleged herein, Superintendent Keyser was acting under the color of state law and in the scope of his capacity as an agent, servant, or employee of DOCCS. Plaintiff sues Defendant Keyser in his individual capacity.
16. At all relevant times herein, Defendant Edward Burnett was Deputy Superintendent of Sullivan. As Deputy Superintendent, Mr. Burnett was the second-highest ranking official at Sullivan, and with Superintendent Keyser, was responsible for the supervision, oversight, and discipline of the uniformed security staff at Sullivan. He, with Superintendent Keyser, was also responsible for the care, custody, and control of all individuals incarcerated at Sullivan. While carrying out the acts and omissions alleged herein, Deputy Superintendent Burnett was acting under the color of state law and in the scope of his capacity as an agent, servant, or employee of the Department of Corrections and Community Supervision (“DOCCS”). Plaintiff sues Defendant Burnett in his individual capacity.
17. At all relevant times herein, Defendants Senior Officers 1-18 at Sullivan, (collectively, “Senior Sullivan Officers”), whose names are presently unknown, were highranking officers at Sullivan, including Sergeants and Captains, who participated in, had knowledge of, or failed to intervene in, the beating that resulted in Mr. Taylor’s death. They also participated in, had knowledge of, or failed to intervene in the attempted cover up of the circumstances surrounding Mr. Taylor’s death. At all relevant times herein, Senior Sullivan Officers were acting under the color of state law and within the scope of their capacities as
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agents, servants, or employees of DOCCS. Plaintiff sues Defendants Senior Sullivan Officers in their individual capacities.
18. At all relevant times herein, Defendants Bruce Tucker, Steven Witte, Shane Topel, Daniel Walter, Joseph Daddezio, Kevin Darling James Steinberg Jr., Felix Santos, and Michael Weir were COs at Sullivan, and Defendants John Frunzi and Timothy Bunch were Sergeants (“Sgt.”) at Sullivan. They were involved in, present during, or on duty during the beating of Mr. Taylor on April 13, 2015.
19. At all relevant times herein, COs Tucker, Witte, Topel, Walter, Daddezio, Darling, Steinberg, Santos, and Weir, and Sgts. Frunzi and Bunch were acting under color of state law and within the scope of their capacities as agents, servants, or employees of DOCCS. Plaintiff sues Defendants Tucker, Witte, Topel, Walter, Daddezio, Darling, Steinberg, Santos, Weir, Frunzi, and Bunch in their individual capacities.
20. At all relevant times herein, Defendants Sullivan Correction Officers 1-14 (collectively, “Sullivan COs”), whose names are presently unknown, were COs at Sullivan who unlawfully abused, harassed, or discriminated against Mr. Taylor; physically assaulted Mr. Taylor without lawful justification; had knowledge of or failed to intervene in this assault on Mr. Taylor; or attempted to cover up the circumstances of Mr. Taylor’s death. At all relevant times herein, Sullivan COs were acting under color of state law and within the scope of their capacities as agents, servants, or employees of DOCCS. Plaintiff sues Defendants Sullivan COs in their individual capacities.
21. At all relevant times herein, Dr. Seung Ho Lee was a psychiatrist at Sullivan Correctional Facility Mental Health Unit and was immediately responsible for Mr. Taylor’s mental health needs and treatment. Dr. Lee was employed by the New York State Office of
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Mental Health (“OMH”), which is a department of the State of New York with its central office in Albany, New York. OMH is responsible for providing psychiatric services at correctional facilities across the state. Dr. Lee participated in, had knowledge of, supervised, and/or failed to intervene in the denial of adequate medical care to Mr. Taylor. His duties were required to be carried out in a manner consistent with New York State and federal statutes and regulations and all applicable DOCCS and OMH policies, procedures, directives and protocols. At all relevant times herein, Defendant Lee was acting under color of state law and in the scope of his capacity as an agent, servant, and/or employee of OMH. Plaintiff sues Defendant Lee in his individual capacity.
STATEMENT OF FACTS A. Karl Taylor’s History Before He Was Transferred to Sullivan 22. In 1995, Mr. Taylor began serving consecutive New York State prison sentences of 27 to 55 years. 23. During his incarceration, DOCCS or OMH officials recognized that Mr. Taylor suffered from acute mental illness. They responded by housing him in mental health units, prescribing medication, twice transferring him to a mental health hospital for a period of time – the Central New York Psychiatric Center (“CNYPC”) – and seeking court-ordered medication of Risperdal, an anti-psychotic medication. CNYPC is “a comprehensive mental health service delivery system providing a full range of care and treatment to persons incarcerated in the New York State and County Correctional System.”2 24. Upon information and belief, Mr. Taylor’s mental health condition had improved during his time at CNYPC and while he was receiving court-ordered medication.
2Office of Mental Health, Central New York Psychiatric Center, OMH https://www.omh.ny.gov/omhweb/facilities/cnpc/ (last visited Apr. 6, 2017)
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25. Throughout the course of his incarceration, Mr. Taylor was diagnosed as suffering from Schizoaffective Disorder, Delusional Disorder, Antisocial Personality Disorder, and Polysubstance Dependence.
26. Nevertheless, Mr. Taylor was regularly punished with long stays in isolation or segregation. Upon information and belief, he spent approximately 12 years in the Special Housing Unit, also known as “solitary confinement,” and approximately four years in “keeplock,” another form of segregation. In all, he spent approximately 16 years, or approximately 80% of his time in prison in isolation or segregation.
27. Upon information and belief, Mr. Taylor’s mental health deteriorated during long stays in isolation or segregation, and he was unable to comply with prison regulations due to his mental illness.
28. Defendants knew or should have known of Mr. Taylor’s serious mental illness. B. Mr. Taylor’s Mental Health Treatment at Sullivan 29. Mr. Taylor was transferred to Sullivan on or about November 25, 2014. He was housed in the Intermediate Care Program (“ICP”), located in the E North cell block on the East Wing. 30. Applicable regulations define the ICP as a “therapeutic community” for those with “serious mental illness”:
[The ICP is] a program that includes a separate housing location within a correctional facility designed to address the correctionsbased therapeutic treatment of inmates currently diagnosed with what is, generally, a serious mental illness. The ICP is a therapeutic community which provides rehabilitative services to inmates who are unable to function in general population because of their mental illness. The goal of the program is to improve the inmates’ ability to function through programming and treatment so
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that they may return to general population. . . . An ICP is not operated as a disciplinary housing unit.3 31. Sullivan is designated by statute as an ICP Level 1 facility, meaning: [Office of Mental Health] staff is assigned on a full-time basis and able to provide treatment to inmate-patients with a major mental disorder. The array of available specialized services includes residential crisis treatment, residential/day treatment, case management, medication monitoring by psychiatric nursing staff, and potential commitment to the central New York Psychiatric Center.4 32. While Mr. Taylor was incarcerated at Sullivan, he was arbitrarily singled out for abuse by CO Tucker, and upon information and belief, other officers, on the basis of Mr. Taylor’s race, mental health, or other immutable characteristics. Officers would routinely isolate, harass, provoke, and inflict arbitrary punishments on Mr. Taylor in the form of physical acts and verbal abuse, which included the use of slurs related to Mr. Taylor’s race or mental illness. CO Tucker and other officers that regularly abused Mr. Taylor were white. 33. Upon information and belief, these individuals attempted to provoke Mr. Taylor so that his reaction would supposedly justify their violent, punitive response. 34. The DOCCS Defendants knew or should have known that CO Tucker and others targeted Mr. Taylor for abuse and discrimination. These Defendants failed to take any action to protect Mr. Taylor or stop the violations of Mr. Taylor’s rights. 35. Upon information and belief, Mr. Taylor feared for his safety and sought to remain in his cell. He refused to participate in group treatment programs or leave his cell for medical treatment. Mr. Taylor’s mental health further deteriorated. He suffered auditory and/or visual hallucinations.
3 See Residential Mental Health Treatment Units, N.Y. COMP. CODES R. & REGS. tit. 7, § 320.4 (2011). 4 N.Y. CORR. LAW § 137 (2008).
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36. In January 2015, DOCCS or OMH officials transferred Mr. Taylor to an observation cell in the Residential Crisis Treatment Program (“RCTP”), a mental health crisis area at Sullivan, so he could be monitored more closely.
37. Mr. Taylor had a mental health treatment team in the RCTP consisting of social workers, Nurse Practitioners, Psychology Assistants and mental health care professionals. Dr. Lee was a psychiatrist on Mr. Taylor’s treatment team who provided mental health services to him, and supervised or instructed the other team members.
38. In February 2015, the social workers, Nurse Practitioners, Psychology Assistants and mental health care professionals who supposedly provided Mr. Taylor’s mental health care reached a consensus that Mr. Taylor needed to be transferred to CNYPC for inpatient treatment because Mr. Taylor’s mental health condition was deteriorating at the Sullivan ICP or not improving, and because Mr. Taylor was not complying with the treatment program therein.
39. CNYPC is the only psychiatric facility serving inmates in the custody of DOCCS. The hospital offers a range of inpatient services, including individual and group therapy, treatment planning, medication management, and psychological and forensic assessment.
40. Upon information and belief, as Mr. Taylor’s treating physician, Dr. Lee had authority to approve Mr. Taylor’s transfer to CNYPC. Despite the medical team’s consensus that Mr. Taylor should be sent to CNYPC, Dr. Lee neither approved nor denied the transfer.
41. Instead, Dr. Lee discharged Mr. Taylor from the RCTP, and sent him back to E North.
42. Dr. Lee did not consider Mr. Taylor’s previous court-ordered medication. He also did not adequately consider Mr. Taylor’s mental health condition or threats he faced from certain
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COs, namely, CO Tucker. In fact, Mr. Taylor had repeatedly complained to OMH staff that he was being harassed by an officer. Upon information and belief, this officer was CO Tucker.
43. After Mr. Taylor’s death, Dr. Lee admitted that had he considered Mr. Taylor’s court-ordered medication he probably would have determined that Mr. Taylor should have been transferred to CNYPC.
44. Dr. Lee failed to provide Mr. Taylor with the level of mental health treatment and supervision required for an inmate with a serious mental health illness.
45. Mr. Taylor returned to his cell in E North towards the end of February 2015. 46. On April 13, 2015, he died as a result of being beaten and choked by Defendants Tucker, Witte, Topel, Frunzi, Bunch, Daddezio, Walter, Darling, Steinberg, Santos, and Weir. C. Karl Taylor’s Beating and Death 47. Some weeks or days prior to April 13, 2015, the day that Mr. Taylor died, CO Tucker, and upon information and belief, other officers, entered Mr. Taylor’s cell in his absence. They threw his possession on the floor and squirted shampoo and other liquids onto his belongings. COs were later heard boasting about having “trashed” Mr. Taylor’s cell. 48. Mr. Taylor thereafter refused to clean his cell. He stated repeatedly that the COs who trashed his cell should clean it. COs, including Tucker, repeatedly directed Mr. Taylor to clean his cell. CO Tucker would arbitrarily turn Mr. Taylor’s water off, spray germicide through Mr. Taylor’s cell bars, and throw soap into Mr. Taylor’s cell. 49. On the morning of April 13, 2015, CO Tucker began harassing Mr. Taylor, including with regard to cleanliness. 50. CO Tucker demanded that Mr. Taylor clean his cell and Mr. Taylor refused. Without provocation, CO Tucker then attacked and beat Mr. Taylor, hitting him with a baton.
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Mr. Taylor called for help, and requested to be taken to “OBS,” a safe, solitary space where inmates with mental health issues can be observed. No help arrived.
51. At this time, there were at least three COs on duty in the area proximate to Mr. Taylor’s cell block: Tucker, Witte, and Topel.
52. After enduring unprovoked blows from CO Tucker, Mr. Taylor took CO Tucker’s baton, and hit CO Tucker with it on his forearm.
53. COs Witte and Topel then tackled Mr. Taylor. One of them grabbed Mr. Taylor’s legs and another grabbed him around his neck. Together, the COs restrained Mr. Taylor, forcing him to the ground, facedown.
54. After Mr. Taylor had been restrained facedown, a group of additional officers, including COs Walter, Steinberg, Santos, and Weir arrived upon the scene, and handcuffed him. These officers and, upon information and belief, Defendants Tucker, Witte, Topel, further beat, punched, kicked, and otherwise struck Mr. Taylor, even though he was handcuffed and fully restrained.
55. One or more of the officers shouted racial epithets at Mr. Taylor, including the word “nigger,” as they beat him.
56. Mr. Taylor told these officers and Defendants that he could not breathe. Other inmates who could see and hear what was happening from their cells started yelling words to the effect of “he can’t breathe” and “he’s not resisting” as they watched Mr. Taylor being beaten after restrained.
57. Officers shouted at the inmates in E North to “get off [their] rails,” meaning move further into their cells, so the inmates could not see Mr. Taylor’s beating.
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58. After the beating, Mr. Taylor was escorted off the cell block in handcuffs, into the hallway that connects E North to other areas of Sullivan.
59. Inmates in E North could not see into the hallway from their cells. 60. Upon information and belief, Defendants Tucker, Witte, Topel, Frunzi, Bunch, Walter, Daddezio, Darling, Steinberg, Santos, Weir, and other officers continued to beat and choke Mr. Taylor in the hallway while he was fully restrained. At times, Sgt. Frunzi held Mr. Taylor while other officers struck him. One or more of these officers and Defendants continued to shout racial epithets at Mr. Taylor as they beat him, calling him a “monkey” and “nigger.” 61. Upon information and belief, other officers at Sullivan became aware that Mr. Taylor was being beaten after he had been handcuffed, but made no effort to intervene or summon assistance. 62. Mr. Taylor was then dragged to the Sullivan infirmary, leaving a blood trail through parts of the hallway, and thrown onto a bed. Superintendent Keyser and Deputy Superintendent Burnett entered or were present in the Infirmary around this time. 63. Mr. Taylor was pronounced dead at 9:25 am on April 13, 2015. 64. Mr. Taylor’s death was caused by injuries inflicted upon him by Defendants Tucker, Witte, Topel, Frunzi, Bunch, Walter, Daddezio, Darling, Steinberg, Santos, and Weir. 65. An Autopsy Report conducted on April 13, 2015 noted “blunt impact injuries of the head, torso, and extremities as well as compression of neck injuries.” Injuries to the head included contusions on the bridge of the nose, right forehead, upper and lower lips, and a laceration above the left eye. The Medical Examiner noted a “subarachnoid hemorrhage . . . of the left temporal lobe of the brain.” Neck injuries included hemorrhages in the “subcutaneous soft tissue of the midline of the neck,” the “strap muscles of the neck,” and the “midline of the
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muscles of the posterior aspect of the neck.” Mr. Taylor had fractures of his thyroid cartilage and petechiae present in his conjunctivae.
66. Mr. Taylor’s “manner of death” was listed in the Autopsy Report as “homicide.” 67. After Mr. Taylor was taken to the infirmary, several officers or inmates assigned to “blood spill” cleaned up Mr. Taylor’s blood and other evidence of the beating. Officers or inmates, at officers’ instruction, bleached or painted over Mr. Taylor’s cell, and disposed of Mr. Taylor’s personal effects. 68. In the immediate aftermath of Mr. Taylor’s death, Sullivan COs told certain inmates that they would be “thrown in the hole” if they spoke to investigators about what had happened. Upon information and belief, inmates were sent to solitary confinement after witnessing what happened to Mr. Taylor or speaking out. 69. Shortly after Mr. Taylor’s death, New York State investigators arrived at Sullivan and interviewed inmates about Mr. Taylor’s beating and death. Some inmates declined to speak with investigators or tell investigators what they had seen, for fear of retaliation. 70. Investigators told at least one inmate that part of the events leading to Mr. Taylor’s death had been captured on video, which at least one of the investigators had watched. 71. The DOCCS Defendants conspired to beat Mr. Taylor and cover up their role in the events that led to Mr. Taylor’s death. Their actions included:
a. Continuing to beat and choke Mr. Taylor in the hallway, away from inmates in the cell block;
b. Ordering inmate witnesses in E North off their gates and inmate witnesses in the hallway to turn and face the wall;
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c. Hiding evidence of Mr. Taylor’s beating by cleaning up Mr. Taylor’s blood before New York State investigators arrived, cleaning, bleaching, and painting over Mr. Taylor’s cell, as well as the areas where he was beaten, and disposing of Mr. Taylor’s clothes or personal effects;
d. Threatening potential witnesses and retaliating against witnesses who spoke out about how Mr. Taylor was killed;
e. Jointly devising a false, exculpatory version of the events of April 13, 2015, which would be told to investigating authorities;
f. Lying to New York State investigators about the events of April 13, 2015; g. Using the New York State Correction Officers and Police Benevolent Association
(“NYSCOPBA”) to propagate a false narrative of the events surrounding Mr. Taylor’s death, including falsely claiming that Mr. Taylor had started the fight with CO Tucker by “punching [CO Tucker] in the head”5; h. Coordinating false testimony that was presented to a grand jury assembled by the Sullivan County District Attorney; i. Otherwise suppressing incriminating information. 72. Mr. Taylor’s autopsy was performed on April 13, 2015, the day he was killed, and the autopsy report was dated June 7, 2015. However, in or about August 2015, officials from the Sullivan County Coroner’s Office falsely represented to the media and Mr. Taylor’s next-of-kin that the autopsy had not been completed.6
5 NYSCOPBA News from the Field, http://www.nyscopba.org/news-field (last visited Feb. 5, 2016). 6 See, e.g., Crimesider Staff, Group wants federal probe of NY prisons expanded, CBS NEWS, (August 21, 2015, 8:03 am), http://www.cbsnews.com/news/group-wants-federal-probe-of-nyprisons-expanded/.
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73. After Mr. Taylor died, a person at Sullivan whose identity is unknown called Ms. Ramsay-Nobles and told her that Mr. Taylor was “code blue.” She was provided with no further information.
74. After Mr. Taylor died, Sullivan officials did not release any of Mr. Taylor’s personal property to Ms. Ramsay-Nobles, even after she identified herself as his next of kin. DOCCS did send Ms. Ramsay-Nobles a check dated April 15, 2015 for two dollars.
75. The DOCCS Defendants contributed to or permitted a culture at Sullivan whereby Sullivan COs abused or discriminated against incarcerated people at Sullivan, and this abuse and discrimination was concealed or otherwise covered up. The DOCCS Defendants failed to establish and implement policies that would protect inmates’ civil rights, and failed to supervise, train or monitor COs at Sullivan under their charge.
76. Superintendent Keyser, Deputy Superintendent Burnett, and Senior Sullivan Officers were aware of or deliberately indifferent to a pattern and practice of COs’ abuse of inmates, including Mr. Taylor. These Defendants knew or should have known that CO Tucker had a history of abuse and violence towards inmates with mental illness, including Mr. Taylor. Superintendent Keyser, Deputy Superintendent Burnett, and Senior Sullivan Officers knew or should have known that CO Tucker, in particular, would target inmates suffering from mental illness because they were less likely to complain or report misconduct.
77. Inmates had on numerous occasions reported CO Tucker’s abusive and racist treatment to higher-ranking Sullivan or DOCCS officials. Additionally, Superintendent Keyser or Deputy Superintendent Burnett knew or should have known that Sullivan COs would sometimes deliberately fail to process inmate grievances alleging COs’ abusive conduct.
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FIRST CAUSE OF ACTION Against Defendants Keyser, Burnett, Frunzi, Tucker, Witte, and Topel, Bunch, Walter, Daddezio, Darling, Steinberg, Santos, and Weir under 42 U.S.C. § 1983 78. Plaintiff realleges and incorporates by reference the allegations set forth in paragraphs 1-77 above with the same force and effect as if fully set forth herein. 79. The acts of the DOCCS Defendants constituted conduct under color of state law that deprived Mr. Taylor of rights, privileges, and immunities secured by the Constitution and laws of the United States, including the Eighth and Fourteenth Amendments. 80. The Supreme Court has emphasized that “the Eighth Amendment places restraints on prison officials, who may not . . . use excessive physical force against prisoners.”7 “Being violently assaulted in prison is simply not part of the penalty that criminal offenders pay for their offenses against society,” and COs who engage in such assaults under color of law are violating the Eighth Amendment.8 81. Senior Sullivan Officers; Sullivan COs; COs Tucker, Witte, Topel; Walter, Daddezio, Darling, Steinberg, Santos, and Weir, and Sgts. Frunzi and Bunch, used excessive and unlawful force against Mr. Taylor, maliciously and with the intent and purpose of causing harm. This force constituted cruel and unusual punishment, and ultimately, caused Mr. Taylor’s death. 82. Mr. Taylor was intentionally treated differently from similarly-situated individuals without rational basis, or was discriminated against based on race. Evidence of this disparate treatment can be found in the previous paragraphs, and includes CO Tucker, Senior Sullivan Officers, and Sullivan COs singling out Mr. Taylor for abuse, harassment, and arbitrary punishment; repeated physical and verbal abuse including racial slurs; and use of racial slurs
7 Farmer v. Brown, 511 U.S. 825, 832 (1994) (citations omitted). 8 Id. at 834 (internal quotations and citations omitted).
17

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while beating Mr. Taylor after he had been restrained on April 13, 2015, the date of his death. These officers were motivated by discriminatory animus.
83. Defendants Superintendent Keyser, Deputy Superintendent Burnett, and Senior Sullivan Officers permitted, tolerated, caused, knew about, should have known about, or were deliberately indifferent or grossly negligent to a pattern and practice of severe abuse and neglect, constituting torture, against inmates at Sullivan prior to and during the time of Mr. Taylor’s death; the practice of racially discriminatory treatment of incarcerated individuals, including Mr. Taylor; and the arbitrary targeting of Mr. Taylor for abuse and punishment. Despite this knowledge, these Defendants consciously permitted the custom or practice of severe physical abuse, emotional abuse, neglect, and discrimination to continue. Their failure to take measures to curb this pattern of abuse and discrimination constituted acquiescence of the known unlawful behavior of their subordinates, and deliberate indifference to the rights and safety of the incarcerated individuals in their care and custody, and specifically, Mr. Taylor. These Defendants were grossly negligent or failed to supervise, train, and oversee COs at Sullivan. Their conduct deprived Mr. Taylor of his rights, and was a substantial factor in the continuation of such abuse, a proximate cause of Constitutional violations alleged in this complaint, and ultimately, the cause of Mr. Taylor’s death.
84. The DOCCS Defendants had an affirmative duty and reasonable opportunity to intervene, on behalf of Mr. Taylor, to prevent his beating, discrimination, the use of force that resulted in Mr. Taylor’s death, and the attempted cover-up of the violation of Mr. Taylor’s Constitutional rights, but due to their intentional conduct or deliberate indifference, failed to do so.
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85. The DOCCS Defendants committed the acts alleged herein intentionally, willfully, wantonly, maliciously, sadistically, or with such reckless disregard of the consequences as to reveal a conscious indifference to the clear risk of death or serious injury to Mr. Taylor that shocks the conscience. The DOCCS Defendants are liable for punitive damages.
SECOND CAUSE OF ACTION Against Defendants Keyser, Burnett, Frunzi, Tucker, Witte, Topel, Bunch, Walter,
Daddezio, Darling, Steinberg, Santos, and Weir under 42 U.S.C. § 1983 for Conspiring to Violate the Eighth and Fourteenth Amendments
86. Plaintiff realleges and incorporates by reference the allegations set forth in paragraphs 1-85 above with the same force and effect as if fully set forth herein.
87. Acting under the color of state law, the DOCCS Defendants conspired and acted in concert to deprive Mr. Taylor of his Constitutional rights, including the rights to be free from cruel and unusual punishment, arbitrary targeting, or racial discrimination. As a direct and proximate result of the conduct alleged herein, the DOCCS Defendants contributed to, knew of, or failed to intervene in the fatal beating of Mr. Taylor at the hands of COs at Sullivan. In committing the acts and omissions complained of herein, the DOCCS Defendants also breached their affirmative duty to intervene to protect Mr. Taylor’s Constitutional rights from infringement by other law enforcement officers in their presence.
88. In furtherance of the conspiracy to contribute to and cover up the acts of brutality against Mr. Taylor on April 13, 2015, the DOCCS Defendants’ actions included:
a. Hiding evidence of Mr. Taylor’s beating by cleaning up Mr. Taylor’s blood before New York State investigators arrived, cleaning, bleaching, and painting over Mr. Taylor’s cell, as well as the areas where he was beaten, and disposing of Mr. Taylor’s clothes or personal effects;
19

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b. Threatening potential witnesses and retaliating against witnesses who spoke out about how Mr. Taylor was killed;
c. Jointly devising a false, exculpatory version of the events of April 13, 2015, which would be told to investigating authorities;
d. Lying to New York State investigators about the events of April 13, 2015; e. Using the NYSCOPBA, to propagate a false narrative of the events surrounding
Mr. Taylor’s death, including falsely claiming that Mr. Taylor had started the fight with CO Tucker by “punching [CO Tucker] in the head”9; f. Coordinating false testimony that was presented to a grand jury assembled by the Sullivan County District Attorney; g. Otherwise suppressing incriminating information. 89. The DOCCS Defendants committed the foregoing acts intentionally, willfully, wantonly, maliciously, or with such reckless disregard of the consequences as to reveal a conscious indifference to the clear risk of death or serious injury to Mr. Taylor that shocks the conscience. The DOCCS Defendants are liable for punitive damages.
9 NYSCOPBA News from the Field, http://www.nyscopba.org/news-field (last visited Feb. 5, 2016).
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THIRD CAUSE OF ACTION Against Defendants Keyser, Burnett, Frunzi, Tucker, Witte, Topel, Bunch, Walter,
Daddezio, Darling, Steinberg, Santos, and Weir under 42 U.S.C. § 1985(2) for Conspiring to Impede the Due Course of Justice
90. Plaintiff realleges and incorporates by reference the allegations set forth in paragraphs 1-89 above with the same force and effect as if fully set forth herein.
91. The DOCCS Defendants conspired together to impede the due course of justice, interfering with the federal and state judicial processes, with the intent of denying Mr. Taylor and his Estate the equal protection of the laws.
92. The DOCCS Defendants intimidated witnesses, destroyed evidence, and otherwise covered up their violations of Mr. Taylor’s rights, as enumerated in the previous paragraphs.
93. As a direct and proximate result of the DOCCS Defendants’ conduct, Plaintiff claims as damages pecuniary loss including medical expenses, funeral expenses and lost earnings, as well as non-economic damages, including conscious pain, mental anguish, and physical injury suffered by Mr. Taylor prior to his death and the consequential loss of enjoyment of life.
94. The DOCCS Defendants committed the foregoing acts intentionally, willfully, wantonly, maliciously, or with such reckless disregard of the consequences as to reveal a conscious indifference to the clear risk of death or serious injury to Mr. Taylor that shocks the conscience. The DOCCS Defendants are liable for punitive damages.
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FOURTH CAUSE OF ACTION Against Defendants Keyser, Burnett, Frunzi, Tucker, Witte, Topel, Bunch, Walter,
Daddezio, Darling, Steinberg, Santos, and Weir under 42 U.S.C. § 1985(3) for Conspiring to Interfere with Civil Rights
95. Plaintiff realleges and incorporates by reference the allegations set forth in paragraphs 1-94 above with the same force and effect as if fully set forth herein.
96. The DOCCS Defendants participated in and knew of the conspiracy to deprive Mr. Taylor of the equal protection of the law on the basis of his race. They had the power and ability to prevent the conspiracy, but refused or neglected to do so.
97. CO Tucker, Senior Sullivan Officers, and Sullivan COs regularly called Mr. Taylor racial slurs and epithets from around the time that he arrived at Sullivan, and in particular, on the day that they beat him to death. This racial abuse was primarily or exclusively initiated by white officers.
98. CO Tucker, Senior Sullivan Officers, and Sullivan COs notoriously and frequently abused Mr. Taylor, both physically and verbally, and subjected him to arbitrary punishment. Upon information and belief, they attempted to provoke Mr. Taylor so that his reaction would justify their violence response.
99. In furtherance of their conspiracy, the DOCCS Defendants subjected Mr. Taylor to unlawful acts, thereby depriving him of his rights to the equal protection of the laws and equal privileges and immunities under the laws in contravention of the Fourteenth Amendment of the United States Constitution. The DOCCS Defendants also took overt acts to participate in or cover up their violations of Mr. Taylor’s rights, as enumerated in the previous paragraphs, interfering with state and federal judicial processes.
100. As a direct and proximate result of the DOCCS Defendants’ conduct, Plaintiff claims as damages pecuniary loss, including medical expenses, funeral expenses and lost
22

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earnings, as well as non-economic damages, including conscious pain, mental anguish, and physical injury suffered by Mr. Taylor prior to his death, and the consequential loss of enjoyment of life.
101. The DOCCS Defendants committed the foregoing acts intentionally, willfully, wantonly, maliciously, or with such reckless disregard of the consequences as to reveal a conscious indifference to the clear risk of death or serious injury to Mr. Taylor that shocks the conscience.
102. The DOCCS Defendants are liable for punitive damages. FIFTH CAUSE OF ACTION
Against Defendant Dr. Seung Ho Lee in his individual capacity under 42 U.S.C. § 1983 for Deliberate Indifference to Serious Medical Needs
103. Plaintiff realleges and incorporates by reference the allegations set forth in paragraphs 1-102 above with the same force and effect as if fully set forth herein.
104. The acts of Defendant Lee constituted conduct under color of state law that deprived Mr. Taylor of rights, privileges, and immunities secured by the Constitution and laws of the United States, including the Eighth Amendment.
105. Upon information and belief, Mr. Taylor suffered from a serious mental illness, which could be substantially improved through treatment.
106. Defendant Lee was deliberately indifferent to Mr. Taylor’s serious medical needs prior to his death by:
a. Recklessly and negligently failing to properly treat Mr. Taylor’s serious mental illness;
b. Failing to transfer Mr. Taylor to a facility better equipped to diagnose and treat Mr. Taylor’s illness;
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Case 1:16-cv-05778-CM-BCM Document 106 Filed 03/22/18 Page 24 of 26
c. Failing to seek a secure, rehabilitative environment for Mr. Taylor, a patient with serious mental illness under his charge;
d. Failing to recognize that Mr. Taylor’s deteriorated mental health condition rendered him less able to cope with COs’ abuse or threatening conduct, in particular, the altercation with CO Tucker that precipitated Mr. Taylor’s death on April 13, 2015.
107. These actions, and failures to act, created an excessive risk of harm, such as the harm caused by the altercation with CO Tucker that precipitated Mr. Taylor’s death on April 13, 2015. Dr. Lee’s conduct deprived Mr. Taylor of his rights, and was a substantial factor in the continuation of such abuse, a proximate cause of Constitutional violations alleged in this complaint, and ultimately, the cause of Mr. Taylor’s death. These actions also caused Mr. Taylor mental anguish and pain and suffering.
108. Defendant Lee committed the acts alleged herein intentionally, willfully, wantonly, maliciously, sadistically, or with such reckless disregard of the consequences as to reveal a conscious indifference to the clear risk of death or serious injury to Mr. Taylor that shocks the conscience. Defendant Lee is liable for punitive damages.
SIXTH CAUSE OF ACTION Against Defendant Dr. Seung Ho Lee in his individual capacity under New York Law For
Medical Malpractice 109. Plaintiff realleges and incorporates by reference the allegations set forth in paragraphs 1-108 above with the same force and effect as if fully set forth herein. 110. Defendant Lee owed Mr. Taylor a duty to provide him with adequate care and to exercise reasonable care not to act in a manner that created an unreasonable risk of harm to Mr. Taylor’s mental health and physical safety. This duty included, but was not limited to, properly
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treating Mr. Taylor’s mental illness. Defendant Lee breached his duty of care and was grossly negligent by:
a. Recklessly and negligently failing to properly treat Mr. Taylor’s serious mental illness;
b. Failing to transfer Mr. Taylor to a facility better equipped to diagnose and treat Mr. Taylor’s illness;
c. Failing to seek a secure, rehabilitative environment for Mr. Taylor, a patient with serious mental illness under his charge;
d. Failing to recognize that Mr. Taylor’s deteriorated mental health condition rendered him less able to cope with COs’ abuse or threatening conduct, in particular, the altercation with CO Tucker that precipitated Mr. Taylor’s death on April 13, 2015.
111. Defendant Lee’s actions, and failures to act, were intentional, malicious, and reckless, or negligent, and deviated from accepted medical practice and norms.
112. Defendant Lee’s acts and failure to act caused Mr. Taylor to receive grievous bodily injury that ultimately resulted in his death and resulted in mental anguish and pain and suffering.
113. Defendant Lee committed the foregoing acts intentionally, willfully, maliciously, and/or with such reckless disregard as to demonstrate a deliberate indifference to the clear risk of death or serious injury that shocks the conscience. He is therefore also liable for punitive damages.
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DEMAND FOR RELIEF

WHEREFORE, Plaintiff demands the following relief against Defendants, jointly and

severally:

(a) Compensatory damages in an amount just and reasonable and in conformity with

evidence at trial;

(b) Punitive damages to the extent allowable by law;

(c) Attorneys’ fees;

(d) The costs and disbursements of this action;

(e) Interest;

(f) Such other and further relief as the Court deems just and proper.

Dated: New York, NY March 22, 2018

PATTERSON BELKNAP WEBB & TYLER LLP

By: /s/ Eugene M. Gelernter Eugene M. Gelernter Adeel A. Mangi Joseph R. Richie David R. Allen Daniel M. Eisenberg Timothy H. Gray (pro hac vice) 1133 Avenue of the Americas New York, NY 10036 212-336-2000 Attorneys for Plaintiff Julia Ramsay-Nobles, Individually and as Administratrix of the Estate of Karl Taylor

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 ·--~

Case 1:16-cv-05778-CM-BCM Document 341 Filed 09/12/19 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

-·---,1 . """" ... ....._-=' .... - - - - "~

,r,,,.. ..... 1

JULIA RAMSAY-NOBLES, individually and as Administratix ofthe Estate ofKarl Taylor, Deceased,

Plaintiff, -against-

No. 16 Civ. 5778 (CM)

WILLIAM KEYSER, et al.,

Defendants.

McMahon, C.J.:

ORDER SEVERING CLAIM AGAINST DR. LEE

In an order dated August 21, 2019, this court (1) dismissed the federal claim asserted under 42 U.S.C. § 1983 against defendant Dr. Lee, and (2) directed Plaintiffs to show cause why the remaining claim against him (for medical malpractice) should not be severed for separate trial and dismissed without prejudice so that this purely state law claim could be brought in the New York State Supreme Court. (Docket #338)

In a letter dated September 10, 2019 (Docket #340), counsel for Plaintiff indicated that the Plaintiff did not object to the severance and dismissal of the malpractice claim against Dr. Lee without prejudice to its refiling in the New York State Supreme Court, but reserved the right to take an appeal from the dismissal of the analogous federal claim, which the court dismissed on the ground that the plaintiff failed to adduce any evidence that would satisfy her burden under the subjective (as opposed to the objective) prong of Section 1983 liability for inadequate medical care in violation of the Eighth Amendment to the United States Constitution.

After further consideration, I have concluded - especially given the amount of time and effort that this court has expended in dealing with the claims against Dr. Lee - that the better part of valor is to exercise supplemental jurisdiction over the remaining claim, but to sever it and try it separately from the claims against the other Defendants. As noted in the August 21, 2019 opinion, the claim against Dr. Lee has almost no factual nexus to the claims against the other Defendants, and the probability of prejudice arising from the evidence that will be introduced against the other Defendants is simply overwhelming. In fact, I do not believe it would be possible for Dr. Lee to get a fair trial if the malpractice claim against him were tried with the

Case 1:16-cv-05778-CM-BCM Document 341 Filed 09/12/19 Page 2 of 2
claims against the other Defendants. Plaintiff obviously does not disagree, since she has consented to severance.
Therefore, the medical malpractice claim against Dr. Lee (Count Six) is severed for separate trial, pursuant to Fed. R. Civ. P. 42(b). This ruling preserves Plaintiffs right to take an appeal from the dismissal of her federal claim (and from this court's ruling that Dr. Lee cannot be held to have proximately caused the death of her brother); after the resolution of the malpractice claim (assuming it cannot be settled), she will be able to take an appeal from any and all of this court's orders that aggrieve her.
The case against the Defendants other than Dr. Lee will be tri~d first. The court's deputy clerk will contact the parties in the next few weeks with a firm trial date (which will be in early 2020) and a pre-trial schedule.
This constitutes the written opinion and order of the court.
Date1: September 12, 2019

BY ECF TO ALL COUNSEL

Chief Judge

 
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