Taylor v. Trigeno et al

Filing 167

ORDER: The Court will hold a teleconference regarding Defendants' request that the Court order Plaintiff to execute a medical release and extend the discovery deadlines on August 26, 2021 at 3:00 p.m. Defendants are directed to the Court 9;s Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. Defendants are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. I T IS ORDERED that the Warden or other official in charge of the Anna M. Kross Center produce Roy Taylor, NYSID 04528137Q, B&C No. 3291804923, on August 26, 2021, no later than 3:00 p.m., to a suitable location within the Anna M. Kross Center that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defense counsel. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chamber s by calling the Courtroom Deputy at [phone]. Defense counsel must: (1) send this order to the Warden immediately; (2) contact the correctional facility identified above to determine the telephone number at which the plaintiff will be reach able at the time and date of the conference; and (3) telephone the Court with the plaintiff on the line at the time and date of the conference. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. (Telephone Conference set for 8/26/2021 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 8/3/2021) (rro) Transmission to Docket Assistant Clerk for processing.

Case 1:16-cv-01143-GHW Document 167 Filed 08/03/21 Page 1 of 6

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ROY TAYLOR,
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Plaintiff,
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NYPD OFFICER TRIGENO, et al.,
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Defendants. :
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USDC Revised November 14, 2019
SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 8/3/2021

1:16-cv-1143-GHW
ORDER

GREGORY H. WOODS, District Judge:
The Court will hold a teleconference regarding Defendants’ request that the Court order
Plaintiff to execute a medical release and extend the discovery deadlines on August 26, 2021 at 3:00
p.m. Defendants are directed to the Court’s Emergency Rules in Light of COVID-19, which are
available on the Court’s website, for the dial-in number and other relevant instructions. Defendants
are specifically directed to comply with Rule 2(C) of the Court’s Emergency Rules.
IT IS ORDERED that the Warden or other official in charge of the Anna M. Kross Center
produce Roy Taylor, NYSID 04528137Q, B&C No. 3291804923, on August 26, 2021, no later than
3:00 p.m., to a suitable location within the Anna M. Kross Center that is equipped with a telephone,
for the purpose of participating by telephone in a conference with the Court and defense counsel. If
this time and date presents an inconvenience, the Warden or the Warden’s designee should promptly
inform Chambers by calling the Courtroom Deputy at [phone].
Defense counsel must: (1) send this order to the Warden immediately; (2) contact the
correctional facility identified above to determine the telephone number at which the plaintiff will be
reachable at the time and date of the conference; and (3) telephone the Court with the plaintiff on
the line at the time and date of the conference.

Case 1:16-cv-01143-GHW Document 167 Filed 08/03/21 Page 2 of 6

The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail.
SO ORDERED.
Dated: August 3, 2021
New York, New York

_____________________________________
GREGORY H. WOODS
United States District Judge

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Case 1:16-cv-01143-GHW Document 167 Filed 08/03/21 Page 3 of 6
Revised November 14, 2019

INDIVIDUAL RULES OF PRACTICE IN CIVIL PRO SE CASES
Gregory H. Woods, United States District Judge

Pro Se Office
United States District Court
Southern District of New York
500 Pearl Street, Room 200
New York, NY 10007
[phone]

Unless otherwise ordered, these Individual Practices apply to all civil pro se matters before
Judge Woods. These are rules that the parties in pro se matters must follow, unless the
Court orders otherwise. The Court’s website also contains useful information regarding the
litigation process for parties who are proceeding pro se . The Court recommends that pro se
litigants take advantage of that resource, which is available at
https://nysd.uscourts.gov/sites/default/files/practice_documents/ghwIndividualRulesOf
PracticeInCivilProSeCases.pdf.
1. Communications with Chambers
A. By a Pro Se Party. All communications with the Court by a pro se party must be hand
delivered or mailed to the Pro Se Office, United States Courthouse, 500 Pearl Street, Room
200, New York, NY 10007, and must include an Affidavit of Service or other statement
affirming that the pro se party sent a copy to all other parties or to their counsel if they are
represented. No document or filing should be sent directly to Chambers. Absent a request
to file a communication under seal, the parties should assume that any communication with
the Court will be placed on the public docket.
B. By Parties Represented by Counsel. Except as otherwise provided below,
communications with the Court by a represented party are governed by Judge Woods’s
Individual Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-gregory-hwoods.
C. Requests for Adjournment or Extensions of Time. All requests for adjournments or
extensions of time must be made by letter and must state: (1) the original due date; (2) the
number of previous requests for adjournment or extension of time; (3) the reason for the
current request; (4) whether the adversary consents and, if not, the reason given by the
adversary for refusing to consent; and (5) proposed alternative dates. If the requested
adjournment or extension affects any other scheduled dates, a pro se party may, but is not
required to, submit a proposed Revised Civil Case Management Plan and Scheduling Order.
Absent an emergency, the request must be made at least two business days prior to the
original due date.

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2. Filing and Service of Papers
A. Papers Filed by Pro Se Parties. All papers to be filed with the Court by a pro se party,
along with any courtesy copies of those papers, should be delivered in person or sent by mail
to the Pro Se Office, United States Courthouse, 500 Pearl Street, Room 200, New York, NY
10007. All papers must be accompanied by an Affidavit of Service or other statement
affirming that the pro se party sent copies to all other parties or to their counsel if they are
represented.
B. ECF Filing by Pro Se Parties. Pro se parties may be able to participate in electronic case
filing, so that they can file documents with the Court electronically, and receive service of
Court filings electronically. Any pro se litigant who wishes to participate in electronic case
filing must file a Motion for Permission for Electronic Case Filing (available at
https://nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf and
in the Pro Se Office) and deliver a paper copy of the Motion to the other parties.
C. Service on Pro Se Parties. Except for cases in which the pro se party has received
permission to participate in electronic case filing, counsel in cases involving pro se parties
must serve the pro se parties with paper copies of any document that is filed electronically and
must file with the Court a separate Affidavit of Service. Submissions filed without such
proof of service will not be considered.
D. Docketing of Communications with the Court. Absent a request to file a
communication with the Court under seal, the Court will docket any substantive
communication with the Court on ECF, a publically accessible database.
E. Sensitive Information. Unless relevant to the case, parties must not include in submissions
to the Court (1) social security numbers; (2) names of minor children; (3) dates of birth; (4)
financial account numbers; or (5) home addresses. Pro se parties wishing to file a document
already containing this information must submit a redacted version to the Pro Se Office. If
this information is relevant to the case, the filing party must request permission from the
Court prior to filing and explain why the information needs to be included. More
information regarding the Southern District’s privacy policy is available at
https://nysd.uscourts.gov/privacy-policy.
F. Redactions and Filing Under Seal. In limited circumstances, the Court may grant leave to
a party to either redact information other than the sensitive information described in the
preceding paragraph, or to file a document under seal. Information contained in a redacted
or sealed document authorized by the Court is generally made available to the other parties
in the case. Judge Woods has rules regarding redactions and filing under seal, which must be
followed. Those rules are contained in Judge Woods’s Individual Practices in Civil Cases,
available at https://nysd.uscourts.gov/hon-gregory-h-woods.

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3. Initial Case Management Conference
The Court will generally schedule an initial case management conference within three months of
the filing of the complaint. An incarcerated party will generally not be able to attend this or
other conferences, but will have the opportunity to participate by telephone. If a family member
or friend of an incarcerated party wishes to attend the conference, that person may contact
Anthony Daniels, Courtroom Deputy, at [phone], to get the location of the conference.
4. Discovery
All discovery requests, and responses to discovery requests, must be sent to counsel for the
opposing party. Discovery requests, and responses to discovery requests, should not be sent to
the Court or the Pro Se Office.
5. Motions
A. Filing and Service. Unless otherwise ordered by the Court, papers filed in opposition to a
motion must be served and filed within four weeks of service of the motion papers, and
reply papers, if any, must be served and filed within two weeks of receipt of opposition
papers.
B. Courtesy Copies. One courtesy copy of all formal motion papers, marked as such, should
be submitted to Chambers by the non-pro se party at the time the reply is due. Courtesy copies
should not be submitted to chambers at the time of filing. If all parties are pro se, then
courtesy copies of formal motion papers are not required.
C. Pro Se Notices. Parties who file a motion to dismiss, a motion for judgment on the
pleadings, or a motion for summary judgment must provide the pro se party with a copy of
the notices required under Local Civil Rules 12.1 or 56.2.
D. Oral Argument. The Court does not generally hear oral argument in pro se matters. Unless
otherwise ordered by the Court, the parties should not anticipate oral argument.
6. Trial Documents
A. Pretrial Statement. Unless otherwise ordered by the Court, within 30 days of the
completion of discovery, the plaintiff in a pro se case must file a concise, written Pretrial
Statement. This Statement need take no particular form, but it must contain the following:
(1) a statement of the facts the plaintiff hopes to prove at trial; (2) a list of all documents or
other physical objects that the plaintiff plans to put into evidence at trial; and (3) a list of the
names and addresses of all witnesses the plaintiff intends to have testify at trial. The
Statement must be sworn by the plaintiff to be true and accurate based on the facts known
by the plaintiff. If pro se, the plaintiff must file an original of this Statement, plus two
courtesy copies, with the Pro Se Office and serve a copy on all defendants or their counsel if
they are represented. The original Statement must include an Affidavit of Service or other
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Case 1:16-cv-01143-GHW Document 167 Filed 08/03/21 Page 6 of 6

statement affirming that the plaintiff sent copies to all other parties or to their counsel if they
are represented. Two weeks after service of the plaintiff’s Statement, the defendant must file
and serve a similar statement containing the same categories of information.
B. Other Pretrial Filings. If the case is to be tried before only a judge without a jury, any
parties represented by counsel must also file proposed findings of fact and conclusions of
law at the time of filing the Pretrial Statement. If the case is to be tried before a jury, any
parties represented by counsel must also file proposed voir dire questions, a proposed jury
charge, and a proposed verdict form at the time of filing the Pretrial Statement. The pro se
party may, but is not required to, file such documents.

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