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HAMLETT v. SRIVASTAVA

United States District Court, S.D. New York


December 7, 2005.

SHAWN HAMLETT, Plaintiff,
v.
DIETICIAN NILAM SRIVASTAVA, PHYSICIAN ASSISTANT [RONALD] WILLIAMS, DR. [VERDEN] EVANS, DEPUTY NEWTON, DEPUTY HILL, PRISONERS HEALTH SERVICES et al., and KEITH W. GUERRANT IGRC, Defendants.

The opinion of the court was delivered by: DOUGLAS EATON, Magistrate Judge

MEMORANDUM AND ORDER

1. On November 3, 2005, John P. McNaboe, Esq. sent an affirmation to Judge Marrero and to me, requesting that he and his law firm be permitted to withdraw as counsel for Dr. Verden Evans. Judge Marrero has authorized me to grant the request, and I hereby grant it. I direct the Docket Clerk to amend the first page of the docket sheet to show that Dr. Evans is now represented solely by Martin Bowe, Esq. of the New York City Law Department.

2. On December 6, 2005, Mr. Bowe and I held the Initial Case Management Conference by telephone with pro se plaintiff Shawn Hamlett, who is now in Pinellas County Jail in Florida, awaiting a January 17, 2006 trial on a robbery charge. He confirmed that he has received the defendants' Answer to his Complaint. I directed him to write to me (with a copy to Mr. Bowe) and to advise me promptly of(a) the outcome of his Florida trial and (b) any change in his mailing address. Mr. Bowe said that he will mail, to Mr. Hamlett, several blank authorizations for the City Law Department to obtain medical records directly from Mr. Hamlett's medical providers. I directed Mr. Hamlett to fill in, to the best of his recollection, the name and address of each medical department or clinic or hospital or private doctor that he consulted from January 1, 1999 to the present. He should use a separate authorization form for each medical provider, sign it in front of a notary public, and mail it back to Mr. Bowe as soon as possible. 3. I told Mr. Hamlett that he may write interrogatories to be answered by any specific defendant or defendants, with a maximum of 25 interrogatories for any one defendant. I explained that Mr. Hamlett should mail the interrogatories to Mr. Bowe, who will have the responsibility to get signed answers from the specified defendant or defendants.

  4. I directed that all discovery must be commenced in time to be completed by May 30, 2006.

  5. I also directed that any party wishing to make a dispositive motion must write a letter to Judge Marrero by June 15, 2006, not to exceed two pages, concisely describing the basis for the proposed motion and requesting a pre-motion conference or permission to file a formal motion.

  6. I now add the following direction. If (and only if) no dispositive motion has been proposed by June 15, 2006, then, by July 10, 2006, the defendants must serve their sections of a pre-trial order and, by July 31, 2006, plaintiff must serve his sections and, by August 25, 2006, the parties must file the joint pre-trial order, in a format that complies with the trial judge's individual rules.

20051207

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