Williams v. DeMarco et al
| New York Eastern District Court | |
| Case #: | 2:12-cv-03948 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Aug 07, 2012 |
| Terminated: | Aug 21, 2012 |
Defendant
Charles Ewald
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Defendant
Vincent F. DeMarco
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Plaintiff
Julian Williams
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GPO
Aug 21 2012
ORDER OF CONSOLIDATION: The Court hereby ORDERS that the fifty-nine (59) above- captioned actions be consolidated for all purposes, to proceed under the lead case 11cv2602. The Clerk of the Court is directed to (i) consolidate these actions, and (ii) mark all of the member cases closed. All future filings are to be docketed in the lead case, 11cv2602. Shearman & Sterling LLPs appointment as pro bono counsel to the Plaintiffs in 11cv2602 is extended to all Plaintiffs in the Consolidated Action. Shearman & Sterling LLP is directed to file a Consolidated Amended Complaint on behalf of the Consolidated Plaintiffs by March 5, 2012. Once filed, the Consolidated Amended Complaint will supercede each of the individual complaints, rendering them of no legal effect, and will be the operative complaint upon which the Consolidated Action will proceed. Upon receipt of the Consolidated Amended Complaint, the Clerk of the Court is directed to terminate all pending in forma pauperis motions filed on the above cases. Any future actions commenced pro se by any of the Consolidated Plaintiffs shall be randomly assigned or, if one of the Consolidated Plaintiffs has previously filed a pro se complaint unrelated to the Consolidated Action, his action shall be automatically assigned to the district judge who presided over the earlier-filed action. When a pro se action which relates to the subject matter of the Consolidated Action is hereafter filed in the Court, the Clerk of the Court shall: (1) Assign each subsequently filed action a new case number to proceed before the undersigned and Mag. Judge Gary R. Brown; (2) Docket this Order in each Newly-Filed Action; (3) Consolidate each Newly-Filed Action with 11cv2602 and make an appropriate entry on the Consolidated Actions docket so indicating; (4) Mail a copy of the Complaint in each Newly-Filed Action to counsel for the Consolidated Plaintiffs at Lynch v. DeMarco Case Team; (5) Mail a copy of this Order and a copy of the Consolidated Amended Complaint to the Plaintiff in the Newly-Filed Action; and (6) Administratively close each Newly-Filed Action. Any claims raised in a Newly-Filed Action that are not raised in the Consolidated Amended Complaint shall be severed. Any Plaintiff with severed claims may proceed with those severed claims after the resolution of the Consolidated Action by moving to have their Newly-Filed Actions reopened within 30 days of the entry of judgment in the Consolidated Action. Any pending application for in forma pauperis status and for the appointment of counsel filed in Newly-Filed Actions commenced after the filing of the Consolidated Amended Complaint shall be denied without prejudice as moot with leave to renew if and when the cases are reopened. The Clerk of the Court is directed to terminate such motions as moot when the Newly-Filed cases are administratively closed. Any Plaintiff who does not wish to proceed as part of the Consolidated Action must so indicate in a letter to the Court within 30 days of receiving a copy of this Order. Upon receipt of such a letter, the Court will direct the Clerk of Court to sever that Plaintiffs Complaint from the Consolidated Amended Complaint and reopen and reinstate his individual action. Counsel for Plaintiffs shall mail a copy of this Order to each of the Consolidated Plaintiffs. So Ordered by Judge Joanna Seybert on 1/23/12. C/M So Ordered by Judge Joanna Seybert on 1/23/12. C/M (Valle, Christine) |
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GPO
Aug 21 2012
ORDER - Pursuant to the Court's January 23, 2012 Order of Consolidation, the Court has reviewed the instant Complaint and finds that it relates to the subject matter of the Consolidated Action, Lynch, et al. V. DeMarco, et al., 11-cv-2602 (JS)(GRB). A copy of the Order of Consolidation is annexed to this Order. As part of the Consolidation Action, you are represented by pro bono counsel, Shearman & Sterling, LLP. If you do not wish to proceed as part of the Consolidated Action you must so indicate in a letter to the Court within thirty (30) days of receiving a copy of this Order. Upon receipt of such a letter, the Court will direct the Clerk of the Court to sever your Complaint from the Consolidated Amended Complaint and reopen and reinstate your individual pro se action. The Court certifies pursuant to 28 U.S.C. Section 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Order, Order of Consolidation, and the Consolidated Amended Complaint to the pro se Plaintiff at his last known address. So Ordered by Judge Joanna Seybert on 8/21/12. Attachments: # (1) Consolidation Order; # (2) Consolidated Amended Complaint. C/M to Pro Se Plaintiff. (Valle, Christine) |