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Cassidy v. Nicolo

December 6, 2005

JOHN P. CASSIDY, PLAINTIFF,
v.
MARK NICOLO, LARRY BAKER, DR. GONZALEZ, DEFENDANTS.



The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

DECISION AND ORDER

INTRODUCTION

This is a civil rights case brought by John P. Cassidy, pro se, a former inmate at the Chemung County Jail, in Elmira, New York. Plaintiff alleges that defendants violated his civil rights when they disclosed confidential medical information by marking his meal trays. Each defendant has brought a separate motion for summary judgment, and, despite having been provided with two Irby*fn1 notices, and a motion scheduling order setting November 14, 2005, as the response date, plaintiff has failed to file any responsive papers. He also failed to appear on the date scheduled for oral argument. For the reasons stated below, each defendant's motion is granted and this case is dismissed.

BACKGROUND

Plaintiff filed an amended complaint alleging essentially two distinct causes of action. In a Decision and Order (# 7) entered on October 7, 2004, plaintiff's cause of action sounding in medical malpractice was dismissed by the Court pursuant to 28 U.S.C. § 1915A and Estelle v. Gamble, 429 U.S. 97, 105-06 (1976). His remaining cause of action, alleging that his medical condition was revealed when someone at the jail wrote the condition on the meal trays, was allowed to go forward.

Plaintiff was sent two Irby notices. Each notice stated as follows:

RULE 56 MOTIONS FOR SUMMARY JUDGMENT IRBY NOTICE

(See lrbv v. New York Citv Transit Authority, 262 F.3d 412 (2d Cir. 2001)) A party in your lawsuit has filed a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, which means that summary judgment will be granted if the Court finds that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

Failure to Respond to A Motion For Summary Judgment May Result in The Grant of Judgment in Favor of The Party Seeking Summary Judgment and The Dismissal of All or Part of The Case.

Opposing Affidavits and Exhibits

Therefore, if the motion seeks summary judgment against you, you MUST submit opposing papers in the form of one or more affidavits (or affirmations) made upon the personal knowledge of the person signing each affidavit. Each affidavit must set forth admissible facts and must show that the person submitting that affidavit is competent to testify as to the matters stated therein (because he or she has personal knowledge of the facts set forth in the affidavit). If you wish to submit exhibits in opposition to the motion, you may attach to the affidavit (or submit separately) sworn or certified copies or all papers or parts thereof which are referred to in an affidavit.

Statement of Material Facts Requiring a Trial

If the motion seeks summary judgment against you, you MUST also submit a separate, short, and concise statement of the material facts as to which you contend there exists a genuine issue which must be tried. See Rule 56 of the Local Rules of Civil Procedure (available on the Western District web site at www.nywd.uscourts.gov). Note that all of the material facts which have been set forth in the statement served on you by the moving party (which that party claims are material facts about which there is no genuine issue to be tried) will be deemed to have been admitted ...


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