最近更新：2024-02-27
7:24-cv-00818
| 日期 | 描述 |
|---|---|
| 2026-06-18 | [nysd-7:2024-cv-00818-00082] NOTICE OF ADJOURNMENT OF COURT CONFERENCE: The Status Conference previously scheduled before this Court for June 23, 2026 at 10:00 a.m. is adjourned to June 30, 2026 at 10:00 a.m. (via telephone). Defendants counsel is directed to make the necessary arrangements in advance with the facility to have the Plaintiff produced to appear via telephone for this proceeding. Person(s) appearing via telephone are reminded of the general prohibition against any forms of recording and rebroadcasting of Court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to attend by phone using the following information: Toll-Free Tele-conference number: (855) 244-8681 to call in and enter access code: 1809850784#. The parties should call in from a landline phon |
| 2026-05-29 | [nysd-7:2024-cv-00818-00081] LETTER MOTION for Conference re: [41] Amended Complaint, and Defendants' Request for a Pre-Motion Conference in anticipation of Defendants' Motion of Summary Judgment addressed to Judge Cathy Seibel from AAG Maurice Nwikpo-Oppong dated May 28, 2026. Document filed by Patrick Bolbrock, John P. Broas, James D. Emsworth, Richard G. Montross, Chris J. Moricone, Pepeto D. Munroe, Daniel J. Piccirillo, Steven Taborda. |
| 2026-05-14 | [nysd-7:2024-cv-00818-00080] (LETTER) PRO SE MEMORANDUM dated 5/5/2026 re: CHANGE OF ADDRESS for Joel Almonte. New Address: 15A3859, Upstate Correctional Facility, P.O. Box 2001, Malone, NY, 12953. |
| 2026-04-06 | [nysd-7:2024-cv-00818-00079] LETTER addressed to Judge Cathy Seibel from Joel Almonte dated 3/31/2026 re: Hi Judge the Reason Im writing you this letter is Because yesterday I Got a letter From the courts & District Attorney General. I Just wanted to let you know so you wont think I Refused. I'll never Refuse these Callouts. Document filed by Joel Almonte. |
| 2026-03-31 | [nysd-7:2024-cv-00818-00078] Memo Endorsement |
| 2026-03-31 | [nysd-7:2024-cv-00818-00077] Letter |
| 2026-03-26 | [nysd-7:2024-cv-00818-00076] ORDER AUTHORIZING THE DEPOSITION OF INCARCERATED PLAINTIFF: Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that an Assistant Attorney General may take the deposition of Plaintiff Joel Almonte, DIN 15-A-3859, by videoconference before a notary public, or some other officer authorized to administer oaths by the laws of the United States or of the State of New York, at any New York State Correctional Facility, upon notice to the plaintiff and Superintendent of the correctional facility where he is located, and Plaintiff is further advised that if he fails to attend and complete his own deposition, the Court may impose sanctions pursuant to Fed. R. Civ. P. 37(d), which may include an order dismissing the complaint in this action. SO ORDERED. (Signed by Judge Cathy Seibel on 3/26/2026) |
| 2026-03-25 | [nysd-7:2024-cv-00818-00075-001] Exhibit A - Declaration of Service |
| 2026-03-04 | [nysd-7:2024-cv-00818-00074] (LETTER) PRO SE MEMORANDUM dated 2/23/2026 re: CHANGE OF ADDRESS for Joel Almonte. New Address: 15A3859, Auburn Correctional Facility, P.O. Box 618, Auburn, NY, 13024. |
| 2026-01-28 | [nysd-7:2024-cv-00818-00073] REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The case is to be tried to a jury. Deposition due by 4/27/2026. Fact Discovery due by 5/25/2026. Expert Discovery due by 6/16/2026. Case Management Conference set for 6/23/2026 at 10:00 AM before Judge Cathy Seibel. The call-in information for the June 23, 2026 status conference is (855)-244-8681 and the access code is 1809850784#. Pre-motion letters due June 2, 2026, with responses due June 16, 2026. (Signed by Judge Cathy Seibel on 1/28/2026) |
| 2026-01-28 | [nysd-7:2024-cv-00818-00072-001] Proposed Order Revised Civil Case Discovery Plan and Scheduling Order |
| 2026-01-02 | [nysd-7:2024-cv-00818-00071] ENDORSED LETTER addressed to Judge Cathy Seibel from Joel Almonte dated December 19, 2025 re: Please dismiss the case of Neil Yando. ENDORSEMENT: The claims against Defendant Yando are dismissed on consent. The Clerk shall terminate Mr. Yando as a Defendant. THe HIPAA authorization was supposed to be signed by Mr. Almonte and returned to the Attorney General. AAF Nwikpo-Oppong should send another copy to Mr. Almonte and Mr. Almonte should promptly send it back (signed) to Mr. Nwikpo-Oppong if Mr. Almonte seeks damages for physical injury. So Ordered., Neil Yando (Dep. Of Security) terminated. (Signed by Judge Cathy Seibel on 1/2/2026) |
| 2025-12-12 | [nysd-7:2024-cv-00818-00070] Order |
| 2025-11-12 | [nysd-7:2024-cv-00818-00069] LETTER from Joel Almonte dated 11/1/2025 re: Change of Address. Document filed by Joel Almonte. |
| 2025-11-06 | [nysd-7:2024-cv-00818-00068] Order on Motion for Conference |
| 2025-11-05 | [nysd-7:2024-cv-00818-00067] Conference |
| 2025-10-28 | [nysd-7:2024-cv-00818-00066] CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The case is to be tried to a jury. Deposition due by 2/24/2026. Fact Discovery due by 3/26/2026. Expert Discovery due by 4/17/2026 (reports by 3/18/2026). Case Management Conference set for 4/22/2026 at 10:00 AM before Judge Cathy Seibel. SO ORDERED. (Signed by Judge Cathy Seibel on 10/27/2025) |
| 2025-10-27 | [nysd-7:2024-cv-00818-00065] ORDER: The Court has been informed that Plaintiff's address has changed. The Clerk is respectfully directed to update Plaintiff's address on the docket to Cayuga Correctional Facility, 2202 State Route 38A, P.O. Box 1186, Moravia, NY 13118. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (SM) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. |
| 2025-10-20 | [nysd-7:2024-cv-00818-00062] ORDER TO PRODUCE: The Court hereby directs Elmira Correctional Facility to produce inmate Joel Almonte (15-A-3859) via telephone for a Scheduling Conference before the Court on Monday, October 27, 2025 at 10:00 a.m. The call-in number is (855) 244-8681, and the access code is 1809850784#. SO ORDERED. Telephone Conference set for 10/27/2025 at 10:00 AM before Judge Cathy Seibel. (Signed by Judge Cathy Seibel on 10/20/2025) |
| 2025-10-10 | [nysd-7:2024-cv-00818-00060] Letter |
| 2025-10-01 | [nysd-7:2024-cv-00818-00059] NOTICE OF COURT CONFERENCE: A Scheduling Conference is scheduled for October 27, 2025 at 10:00 a.m. (via telephone). The parties are required to confer and submit on the ECF system at least three business days in advance of the conference a proposed Civil Case Discovery Plan and Scheduling Order (see attached). The Court directs Defendants' counsel to make the necessary arrangements with the facility to have the Plaintiff produced to appear telephonically for this proceeding. Person(s) appearing via telephone are reminded of the general prohibition against any forms of recording and rebroadcasting of Court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Toll-Free Tele-conference number: (855) 244 - 8681 to call in and enter access code: 1809850784#. The parti |
| 2025-10-01 | [nysd-7:2024-cv-00818-00058] MEMO ENDORSEMENT on re: [57] Letter, filed by The Office of the New York State Attorney General. ENDORSEMENT: In order to permit the U.S. Marshals Service to effect proper service on Defendant Yando, the Attorney General is directed to provide the Court, no later than 10/15/25, the last known address of Defendant Yando or an alternate address at which he has consented to be served. (If consent is not obtained and the AG provides an address believed to be Defendant Yando's home, which it does not wish to be public for security reasons, it may redact the address from the publicly filed document and provide the unredacted version to the Court.) SO ORDERED. (Signed by Judge Cathy Seibel on 10/2/2025) |
| 2025-10-01 | [nysd-7:2024-cv-00818-00057-001] Exhibit A - Declaration of Service |
| 2025-09-30 | [nysd-7:2024-cv-00818-00055-001] Exhibit A - Declaration of Service for Notice of Appearance for Defendants Munro |
| 2025-09-23 | [nysd-7:2024-cv-00818-00054] MEMO ENDORSEMENT on re: [53] Letter filed by Joel Almonte. ENDORSEMENT: The Clerk of Court is respectfully directed to update Plaintiff's address on the docket. SO ORDERED. (Signed by Judge Cathy Seibel on 9/23/2025) |
| 2025-09-23 | [nysd-7:2024-cv-00818-00053] LETTER addressed to Clerk of Court from Joel Almonte dated September 10, 2025 re: letter providing update about facility transfer. Document filed by Joel Almonte. |
| 2025-07-17 | [nysd-7:2024-cv-00818-00052] ORDER granting [51] Letter Motion for Extension of Time to Answer. The time for all Defendants to respond to the Third Amended Complaint is extended to 9/30/25. SO ORDERED. Patrick Bolbrock answer due 9/30/2025; John P. Broas answer due 9/30/2025; James D. Emsworth answer due 9/30/2025; Richard G. Montross answer due 9/30/2025; Chris J. Moricone answer due 9/30/2025; Pepeto D. Munroe answer due 9/30/2025; Daniel J. Piccirillo answer due 9/30/2025; Steven Taborda answer due 9/30/2025; Neil Yando answer due 9/30/2025. (Signed by Judge Cathy Seibel on 7/17/2025) |
| 2025-07-17 | [nysd-7:2024-cv-00818-00051] LETTER MOTION for Extension of Time to File Answer re: [41] Amended Complaint, (Plaintiff's Third Amended Complaint) addressed to Judge Cathy Seibel from AAG Maurice Nwikpo-Oppong dated July 16, 2025. Document filed by Patrick Bolbrock, John P. Broas, James D. Emsworth, Richard G. Montross, Chris J. Moricone. |
| 2025-07-10 | [nysd-7:2024-cv-00818-00047] MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Steven Taborda served on 7/10/2025, answer due 7/31/2025. Service was accepted by Frazier IRC #2. Document filed by Joel Almonte. |
| 2025-07-07 | [nysd-7:2024-cv-00818-00045] Request for Copies/Transcripts/Docket Sheet Received: Re [44] Letter. Request for Docket Report, from Joel Almonte received on 7/7/2025. Transmission to Records Management for processing. |
| 2025-07-07 | [nysd-7:2024-cv-00818-00044] LETTER addressed to Clerk of Court from Joel Almonte dated 6/26/2025 re: I Didnt Hear From the Courts In About 3 months or More And I would Like For you to Please write to me to Let know whats the status On my Case. Document filed by Joel Almonte. |
| 2025-02-21 | [nysd-7:2024-cv-00818-00043] SUMMONS ISSUED as to Pepeto D. Munroe, Daniel J. Piccirillo, Steven Taborda, Neil Yando. |
| 2025-02-19 | [nysd-7:2024-cv-00818-00042] ORDER OF SERVICE: The Clerk of Court is instructed to issue a summons for Defendants Neil Yando, Acting Deputy Superintendent of Security Services; C.O. Daniel J. Piccirillo; C.O. Steven Taborda; and C.O. Pepeto Munroe, complete the USM-285 form with the address for each of these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. (Signed by Judge Cathy Seibel on 2/19/2025) (mml) Transmission to Pro Se Assistants for processing. |
| 2025-02-18 | [nysd-7:2024-cv-00818-00041] AMENDED COMPLAINT amending [39] Amended Complaint, against Patrick Bolbrock, John P. Broas, James D. Emsworth, Richard G. Montross, Chris J. Moricone, Neil Yando, Steven Taborda, Daniel J. Piccirillo, Pepeto D. Munroe with JURY DEMAND. Document filed by Joel Almonte. Related document: [39] Amended Complaint. |
| 2025-02-03 | [nysd-7:2024-cv-00818-00040] ORDER re: [39] Amended Complaint, filed by Joel Almonte: At the conference on 1/9/25, Plaintiff indicated that he wanted to sue the members of the extraction team identified in the Attorney General's Valentin letter (ECF No. 14), but the document that appeared to be his Amended Complaint (ECF No. 18) named only 5 of the 9 members. Plaintiff also indicated that he wanted to sue Sgt. Broas, who was part of the extraction team, not Area Sgt. Allers. The Court granted Plaintiff leave to amend to conform to his wishes, but what Plaintiff has submitted as his Second Amended Complaint (ECF No. 39) has only added to the confusion. It is blank except for the first and last pages. Plaintiff continues to name as a defendant a "John Doe Dept of Security" even though the name of the individual was supplied in the Valentin letter; continues to name as defendants "John Does extraction team" even though the names of the individuals on the extraction team were supplied in t |
| 2025-01-30 | [nysd-7:2024-cv-00818-00039] SECOND AMENDED COMPLAINT amending [1] Complaint against Matthew K. Allers, Area SGT, Patrick Bolbrock, John P. Broas, John Doe, John Doe#s, James D. Emsworth, Richard G. Montross, Chris J. Moricone with JURY DEMAND.Document filed by Joel Almonte. Related document: [1] Complaint. |
| 2024-12-02 | [nysd-7:2024-cv-00818-00037] LETTER MOTION for Conference re: [18] Remark Defendant Allers' anticipated motion to dismiss Plaintiff's Amended Complaint under ECF Doc. 18 addressed to Judge Cathy Seibel from Assistant Attorney General Maurice Nwikpo-Oppong dated December 2, 2024. Document filed by Matthew K. Allers. |
| 2024-12-02 | [nysd-7:2024-cv-00818-00036-001] Exhibit Declaration of Service for Responding Defendants' Answer to Amended |
| 2024-12-02 | [nysd-7:2024-cv-00818-00035] Notice of Appearance |
| 2024-11-25 | [nysd-7:2024-cv-00818-00034] ORDER granting [33] Letter Motion for Extension of Time to Answer. All Represented Defendants may have until 12/2/24 to respond to the Amended Complaint, and no other Defendants need answer before then. The Clerk of Court is respectfully directed to terminate ECF No. 33. SO ORDERED. Matthew K. Allers answer due 12/2/2024; Patrick Bolbrock answer due 12/2/2024; James D. Emsworth answer due 12/2/2024; Richard G. Montross answer due 12/2/2024; Chris J. Moricone answer due 12/2/2024. (Signed by Judge Cathy Seibel on 11/25/2024) |
| 2024-11-25 | [nysd-7:2024-cv-00818-00033-001] Exhibit Declaration of Service of Letter-Motion |
| 2024-10-25 | [nysd-7:2024-cv-00818-00032] ORDER Application granted. The Represented Defendants may have until 11/25/24 to respond to the Complaint, and in addition Defendant Broas need not respond before that date. [31] Letter Motion for Extension of Time to Answer re [31] SECOND LETTER MOTION for Extension of Time to File Answer re: [18] Remark addressed to Judge Cathy Seibel from AAG Maurice Nwikpo-Oppong dated October 25, 2024. Matthew K. Allers answer due 11/25/2024; Patrick Bolbrock answer due 11/25/2024; John P. Broas answer due 11/25/2024; James D. Emsworth answer due 11/25/2024; Richard G. Montross answer due 11/25/2024; Chris J. Moricone answer due 11/25/2024. (Signed by Judge Cathy Seibel on 10/25/2024) |
| 2024-10-25 | [nysd-7:2024-cv-00818-00031-001] Exhibit Declaration of Service of Letter-Motion |
| 2024-10-25 | [nysd-7:2024-cv-00818-00030] Notice of Appearance |
| 2024-09-03 | [nysd-7:2024-cv-00818-00029] MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Richard G. Montross served on 8/20/2024, answer due 9/10/2024. Service was accepted by Cherrish Frozier IRC at Fishkill Correctional Facility, 18 Strack Drive Beacon, NY 12508-0307. Document filed by Joel Almonte. |
| 2024-09-03 | [nysd-7:2024-cv-00818-00028] MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. James D. Emsworth served on 8/20/2024, answer due 9/10/2024. Service was accepted by Cherrish Frozier IRC at Fishkill Correctional Facility, 18 Strack Drive Beacon, NY 12508-0307. Document filed by Joel Almonte. |
| 2024-09-03 | [nysd-7:2024-cv-00818-00027] MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. John P. Broas served on 8/20/2024, answer due 9/10/2024. Service was accepted by Cherrish Frozier IRC at Fishkill Correctional Facility, 18 Strack Drive, Beacon, NY 12508-0307. Document filed by Joel Almonte. |
| 2024-09-03 | [nysd-7:2024-cv-00818-00026] MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Patrick Bolbrock served on 8/20/2024, answer due 9/10/2024. Service was accepted by Cherrish Frozier IRC at Fishkill Correctional Facility, 18 Strack Drive Beacon, NY 12508-0307. Document filed by Joel Almonte. |
| 2024-09-03 | [nysd-7:2024-cv-00818-00025] MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Matthew K. Allers served on 8/20/2024, answer due 9/10/2024. Service was accepted by Sgt. Matthew K. Allers at Fishkill Correctional Facility, 18 Strack Drive Beacon, NY 12508-0307. Document filed by Joel Almonte. |
| 2024-08-27 | [nysd-7:2024-cv-00818-00024] ORDER granting [23] Letter Motion for Extension of Time to Answer: All Defendants may have until 10/25/24 to respond to the Amemded Complaint. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) |
| 2024-08-27 | [nysd-7:2024-cv-00818-00023] LETTER MOTION for Extension of Time to File Answer re: [21] Marshal's Process Receipt and Return of Service Executed Complaints, [18] Remark, [20] Summons Issued addressed to Judge Cathy Seibel from AAG Maurice Nwikpo-Oppong dated August 27, 2024. Document filed by Chris J. Moricone. |
| 2024-08-27 | [nysd-7:2024-cv-00818-00022-001] Exhibit Declaration of Service |
| 2024-08-05 | [nysd-7:2024-cv-00818-00021] MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Chris J. Moricone served on 7/22/2024, answer due 9/20/2024. Service was made by Mail. Document filed by Joel Almonte. |
| 2024-06-13 | [nysd-7:2024-cv-00818-00020] SUMMONS ISSUED as to James D. Emsworth, Richard G. Montross, Patrick Bolbrock, John P. Broas, Chris J. Moricone, Matthew K. Allers. |
| 2024-06-11 | [nysd-7:2024-cv-00818-00019] ORDER OF SERVICE: The Clerk of Court is instructed to issue a summons for Defendants C.O. James D. Emsworth, C.O. Richard G. Montross, C.O. Patrick Bolbrock, Correctional Sergeant John P. Broas, Retired C.O. Chris J. Moricone, and Sergeant Matthew K. Allers, complete the USM-285 form with the address for each of these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Cathy Seibel on 6/11/2024) (mml) Transmission to Pro Se Assistants for processing. |
| 2024-06-04 | [nysd-7:2024-cv-00818-00018] STATEMENT OF CLAIM AND INJURIES AND FACTS. Document filed by Joel Almonte. |
| 2024-05-09 | [nysd-7:2024-cv-00818-00017] MEMO ENDORSEMENT on re: [16] Letter filed by Joel Almonte. ENDORSEMENT: Application granted. Amended Complaint due 6/13/24. SO ORDERED. (Amended Pleadings due by 6/13/2024.) (Signed by Judge Cathy Seibel on 5/9/2024) |
| 2024-05-06 | [nysd-7:2024-cv-00818-00016] LETTER addressed to Clerk of Court from Joel Almonte dated 4/26/2024 re: extension of time to file amended complaint. Document filed by Joel Almonte. |
| 2024-04-11 | [nysd-7:2024-cv-00818-00015] MEMO ENDORSEMENT on re: [14] Letter, filed by The Office of the New York State Attorney General. ENDORSEMENT: Plaintiff is reminded that his Amended Complaint is due 30 days after receipt of Mr. Nwikpo-Oppong's letter. Once Plaintiff submits the Amended Complaint specifying who Plaintiff wishes to sue, the Court will order service on the defendants. SO ORDERED. (Signed by Judge Cathy Seibel on 4/11/2024) |
| 2024-04-11 | [nysd-7:2024-cv-00818-00014-001] Exhibit Declaration of Service |
| 2024-03-27 | [nysd-7:2024-cv-00818-00013] PRO SE MEMORANDUM re: CHANGE OF ADDRESS for Joel Almonte. New Address: Upstate Correctional Facility, 309 Bare Hill Road P.O. Box 2000, Malone, New York, 12953. |
| 2024-03-14 | [nysd-7:2024-cv-00818-00012] PRO SE MEMORANDUM re: CHANGE OF ADDRESS for Joel Almonte. New Address: DIN#15A3859, Upstate C.F., 309 Bare Hill Rd., P.O. Box 2000, Malone, NY, 12953. |
| 2024-02-29 | [nysd-7:2024-cv-00818-00011] INFORMATION PACKAGE MAILED to Joel Almonte 15A3859 at ATTICA CORRECTIONAL FACILITY Box 149 Attica, NY 14011, on 2/29/2024 Re: [10] Valentin Order. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. |
| 2024-02-27 | [nysd-7:2024-cv-00818-00010] VALENTIN ORDER: The Clerk of Court is directed to mail a copy of this order and the complaint to the New York State Attorney General at: 78 Liberty Street, New York, New York 10007. An amended complaint form is attached to this order. Local Civil Rule 33.2 applies to this action. The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. (Signed by Judge Cathy Seibel on 2/27/2024) (mml) Transmission to Pro Se Assistants for processing. |