Opinion
12 Civ. 7979 (LGS)
11-20-2014
JOSE A. MINAYA, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.
OPINION AND ORDER
:
WHEREAS, a conference was held on November 20, 2014, it is hereby,
ORDERED that for the reasons stated on the record, Defendants' Motion to Dismiss and for Partial Summary Judgment (Dkt. No. 69) is GRANTED in part and DENIED in part. Defendants' motion to dismiss all claims against Agents Jeffrey Severino and Miguel Collazo in their official capacities is GRANTED. Any § 1983 claims are DISMISSED. Defendants' motion for summary judgment on Plaintiff's Bivens claim against Defendant Severino in his individual capacity is DENIED. Accordingly, the remaining claims that will go to trial are: (1) any FTCA claim against the United States; (2) the Bivens claim against Defendant Severino; and (3) the Bivens claim against Defendant Collazo. It is further
ORDERED that the parties shall submit motions in limine, if any, by December 12, 2014. Any responses to motions in limine shall be submitted by December 22, 2014. Any motions in limine shall comply with the Court's Individual Rules. It is further
ORDERED that Defendant shall submit proposed voir dire and a proposed verdict sheet by December 22, 2014. If Plaintiff wishes, Plaintiff may also submit proposed voir dire and a proposed verdict sheet by December 22, 2014. It is further
ORDERED that the parties shall submit a joint final pretrial order, in compliance with the Court's Individual Rules, by December 29, 2014. It is further
ORDERED that a final pretrial conference shall be held on January 16, 2015, at 11:00 a.m. The Allenwood Low Security Correctional Institution shall make Jose A. Minaya (Reg. # 91648-054) available for a telephone conference at that time. It is further
ORDERED that a jury trial in this matter shall begin on February 2, 2015, at 9:45 a.m., and will continue from day to day until concluded. Plaintiff Jose A. Minaya (Reg. # 91648-054) shall be made available at the Thurgood E. Marshall Federal Courthouse, 40 Centre Street, New York, New York for the duration of the trial.
The Clerk of Court is respectfully directed to mail a copy of this order and a copy of the Court's Individual Rules (available at http://www.nysd.uscourts.gov/ judge/Schofield) to the pro se Plaintiff. The Clerk is further directed to close the motion at Dkt. No. 69.
SO ORDERED. Dated: November 20, 2014
New York, New York
/s/_________
LORNA G. SCHOFIELD
UNITED STATES DISTRICT JUDGE