Case: Mallet v. New York State Department of Corrections and Community Supervision

COMPLAINT against Anthony J. Annucci, Jane/John Does, John Does, Mervat Makram, New York State Department of Corrections and Community Supervision, Anthony L Ritaccio, State of New York, Thomas Vito Stellato. (Filing Fee $ 402.00, Receipt Number ANYSDC-25785548)Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 02/25/2022)

CIVIL COVER SHEET filed..(Demirayak, Caner) (Entered: 02/25/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to New York State Department of Corrections and Community Supervision, re: 1 Complaint,. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 02/25/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Anthony J. Annucci, re: 1 Complaint,. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 02/25/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to State of New York, re: 1 Complaint,. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 02/25/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Dr. Marvat Makram, MD, re: 1 Complaint,. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 02/25/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Vito Stellato, MD, re: 1 Complaint,. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 02/25/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Anthony Ritaccio, re: 1 Complaint,. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 02/25/2022)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to John Doe Corrections Officers 1-10, re: 1 Complaint,. Document filed by Antonio Mallet..(Demirayak, Caner) Modified on 2/28/2022 (pc). (Entered: 02/25/2022)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jane/John Doe Medical Personnel 1-10, re: 1 Complaint,. Document filed by Antonio Mallet..(Demirayak, Caner) Modified on 2/28/2022 (pc). (Entered: 02/25/2022)

ELECTRONIC SUMMONS ISSUED as to Anthony J. Annucci..(pc) (Entered: 02/28/2022)

ELECTRONIC SUMMONS ISSUED as to State of New York..(pc) (Entered: 02/28/2022)

ELECTRONIC SUMMONS ISSUED as to Mervat Makram..(pc) (Entered: 02/28/2022)

ELECTRONIC SUMMONS ISSUED as to Anthony L Ritaccio..(pc) (Entered: 02/28/2022)

ELECTRONIC SUMMONS ISSUED as to Thomas Vito Stellato..(pc) (Entered: 02/28/2022)

ELECTRONIC SUMMONS ISSUED as to New York State Department of Corrections and Community Supervision..(pc) (Entered: 02/28/2022)

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Caner Demirayak. The following case opening statistical information was erroneously selected/entered: Dollar Demand $10,000,000,000; Arbitration code e (Exempt); County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the Arbitration code has been deleted; the County code has been modified to Kings;. (pc)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

Case Designated ECF. (pc)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Caner Demirayak to Document No. 9 Request for Issuance of Summons, 10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time.;. (pc)

Notice to Attorney Regarding Case Opening Statistical Error Correction

Case Opening Initial Assignment Notice

Notice to Attorney Regarding Deficient Request for Issuance of Summons

AFFIDAVIT OF SERVICE of Summons and Complaint,. State of New York served on 3/30/2022, answer due 4/20/2022. Service was accepted by Jasmine Hughes, Clerk. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 04/08/2022)

AFFIDAVIT OF SERVICE of Summons and Complaint,. Thomas Vito Stellato served on 3/29/2022, answer due 4/19/2022. Service was accepted by Lynne Hoffstater. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 04/08/2022)

CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, filed on behalf of the NYSOAG due to technical difficulty of their electronic systems addressed to Judge Colleen McMahon from Bruce J. Turkle, Esq. dated April 14, 2022. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 04/14/2022)

ORDER granting 19 Letter Motion for Extension of Time to Answer re 19 CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, filed on behalf of the NYSOAG due to technical difficulty of their electronic systems addressed to Judge Colleen McMahon from Bruce J. Turkle, Esq. dated April, 1 Complaint. OK. State of New York answer due 6/17/2022; Thomas Vito Stellato answer due 6/17/2022. (Signed by Judge Colleen McMahon on 4/18/2022) (kv) (Entered: 04/18/2022)

AFFIDAVIT OF SERVICE of Summons and Complaint,. Mervat Makram served on 4/25/2022, answer due 5/16/2022. Service was made by Nail and Mail. Document filed by Antonio Mallet. (Attachments: # 1 Exhibit Affidavit of Additional Mailing).(Demirayak, Caner) (Entered: 05/06/2022)

AFFIDAVIT OF SERVICE of Summons and Complaint,. New York State Department of Corrections and Community Supervision served on 4/13/2022, answer due 5/4/2022. Service was accepted by MARAT SHKOLNIK, ESQ., Assistant Counsel with Authority to Accept Service. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 05/23/2022)

AFFIDAVIT OF SERVICE of Summons and Complaint,. Anthony J. Annucci served on 4/13/2022, answer due 5/4/2022. Service was accepted by MARAT SHKOLNIK, ESQ., ASSISTANT COUNSEL. Service was made by MAIL. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 05/23/2022)

MOTION for Extension of Time to serve defendant Anthony L. Ritaccio with the Summons and Complaint. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 05/23/2022)

DECLARATION of Caner Demirayak, Esq. in Support re: 24 MOTION for Extension of Time to serve defendant Anthony L. Ritaccio with the Summons and Complaint.. Document filed by Antonio Mallet. (Attachments: # 1 Exhibit 1 - Emails with Process Server, # 2 Exhibit 2 - Redacted Person Search Report).(Demirayak, Caner) (Entered: 05/23/2022)

MEMORANDUM OF LAW in Support re: 24 MOTION for Extension of Time to serve defendant Anthony L. Ritaccio with the Summons and Complaint. . Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 05/23/2022)

AFFIDAVIT OF SERVICE. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 05/23/2022)

LETTER MOTION for Extension of Time to File Response/Reply to Complaint requested on behalf of Defendants Anthony Annucci, Acting Director of DOCCS, and Dr. Mervat Makram addressed to Judge Colleen McMahon from Bruce J. Turkle dated May 25, 2022. Document filed by Office of New York State Attorney General..(Turkle, Bruce) (Entered: 05/25/2022)

ORDER granting 28 Letter Motion for Extension of Time to File Response/Reply re 28 LETTER MOTION for Extension of Time to File Response/Reply to Complaint requested on behalf of Defendants Anthony Annucci, Acting Director of DOCCS, and Dr. Mervat Makram addressed to Judge Colleen McMahon from Bruce J. Turkle dated May 25. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge John G. Koeltl on 5/25/2022) (kv) (Entered: 05/25/2022)

Set/Reset Deadlines: Anthony J. Annucci answer due 6/17/2022; Mervat Makram answer due 6/17/2022. (kv)

NOTICE OF APPEARANCE by Bruce J. Turkle on behalf of Anthony J. Annucci, New York State Department of Corrections and Community Supervision, State of New York, Thomas Vito Stellato..(Turkle, Bruce) (Entered: 05/31/2022)

ORDER granting 24 Letter Motion for Extension of Time. The motion is GRANTED. Service may be made within 60 days of May 23, 2022. Service to be effected at the Florida home of defendant Ritaccio by any legally authorized means (personnel, leaving with person of suitable age and discretion, mail and mail, or as authorized by Florida law.) Email service or service on Attny General are NOT authorized. (Signed by Judge Colleen McMahon on 6/6/2022) (jca) (Entered: 06/06/2022)

MOTION to Dismiss Complaint. Document filed by Anthony J. Annucci, Mervat Makram, New York State Department of Corrections and Community Supervision, State of New York, Thomas Vito Stellato. Responses due by 7/5/2022.(Turkle, Bruce) (Entered: 06/17/2022)

MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss Complaint. . Document filed by Anthony J. Annucci, Mervat Makram, New York State Department of Corrections and Community Supervision, State of New York, Thomas Vito Stellato..(Turkle, Bruce) (Entered: 06/17/2022)

AFFIDAVIT OF SERVICE of Summons and Complaint,. Anthony L Ritaccio served on 6/1/2022, answer due 6/22/2022. Service was accepted by Catherine Bartholomew, Wife of Defendant. Service was made by and MAIL. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 06/29/2022)

NOTICE OF APPEARANCE by Bruce J. Turkle on behalf of Anthony L Ritaccio..(Turkle, Bruce) (Entered: 06/29/2022)

AMENDED COMPLAINT amending 1 Complaint, against Anthony J. Annucci, Jane/John Does, John Does, Mervat Makram, New York State Department of Corrections and Community Supervision, Anthony L Ritaccio, State of New York, Thomas Vito Stellato with JURY DEMAND.Document filed by Antonio Mallet. Related document: 1 Complaint,..(Demirayak, Caner) (Entered: 06/30/2022)

LETTER MOTION for Extension of Time to File Response/Reply as to 36 Amended Complaint, addressed to Judge Colleen McMahon from Bruce J. Turkle dated July 1, 2022. Document filed by Anthony L Ritaccio..(Turkle, Bruce) (Entered: 07/01/2022)

ORDER granting 37 Letter Motion for Extension of Time to File Response/Reply re 37 LETTER MOTION for Extension of Time to File Response/Reply as to 36 Amended Complaint, addressed to Judge Colleen McMahon from Bruce J. Turkle dated July 1, 2022. Ok - I was not in the office on July 1. (Signed by Judge Colleen McMahon on 7/5/2022) (ate) (Entered: 07/05/2022)

MOTION to Dismiss Amended Complaint. Document filed by Anthony J. Annucci, Mervat Makram, New York State Department of Corrections and Community Supervision, Anthony L Ritaccio, State of New York. Responses due by 8/8/2022.(Turkle, Bruce) (Entered: 07/15/2022)

MEMORANDUM OF LAW in Support re: 39 MOTION to Dismiss Amended Complaint. . Document filed by Anthony J. Annucci, Mervat Makram, New York State Department of Corrections and Community Supervision, Office of New York State Attorney General, Anthony L Ritaccio, State of New York..(Turkle, Bruce) (Entered: 07/15/2022)

MEMORANDUM OF LAW in Opposition re: 39 MOTION to Dismiss Amended Complaint. . Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 07/28/2022)

DECLARATION of Caner Demirayak, Esq. in Opposition re: 39 MOTION to Dismiss Amended Complaint.. Document filed by Antonio Mallet. (Attachments: # 1 Exhibit Woodhull Medical Records, # 2 Exhibit Prison Medical Records, # 3 Exhibit Prison Letters, # 4 Exhibit Affidavit of Recanting Witness, # 5 Exhibit Excerpt of 440 Motion, # 6 Exhibit Affidavit of Identification Expert, # 7 Exhibit Notice of Intention to Make Claim).(Demirayak, Caner) (Entered: 07/28/2022)

CERTIFICATE OF SERVICE of Opposition Papers served on Defense Counsel on July 28, 2022. Service was made by Mail. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 07/28/2022)

REPLY MEMORANDUM OF LAW in Support re: 39 MOTION to Dismiss Amended Complaint. . Document filed by Anthony J. Annucci, Mervat Makram, New York State Department of Corrections and Community Supervision, Anthony L Ritaccio, State of New York, Thomas Vito Stellato..(Turkle, Bruce) (Entered: 08/03/2022)

NOTICE OF APPEARANCE by Daniel A. Schulze on behalf of Anthony J. Annucci, Mervat Makram, New York State Department of Corrections and Community Supervision, Anthony L Ritaccio, State of New York, Thomas Vito Stellato..(Schulze, Daniel) (Entered: 09/27/2022)

MOTION for Bruce Jay Turkle to Withdraw as Attorney . Document filed by Anthony J. Annucci, Mervat Makram, New York State Department of Corrections and Community Supervision, Office of New York State Attorney General, Anthony L Ritaccio, State of New York, Thomas Vito Stellato..(Turkle, Bruce) (Entered: 09/28/2022)

MEMO ENDORSED ORDER granting 46 Motion to Withdraw as Attorney. ENDORSEMENT: Remove Mr. Turkle from list of attorneys on this case. (Attorney Bruce J. Turkle terminated.) (Signed by Judge Colleen McMahon on 10/20/22) (yv) (Entered: 10/20/2022)

DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS granting 39 MOTION to Dismiss Amended Complaint. For the reasons discussed above, the motion to dismiss Plaintiffs claims is GRANTED. This constitutes the decision and order of the court. It is a written opinion. The Clerk of Court is respectfully directed to terminate the motions at Docket Number 39. (Signed by Judge Colleen McMahon on 10/24/2022) BY ECF TO ALL COUNSEL (jca) Transmission to Orders and Judgments Clerk for processing. (Entered: 10/24/2022)

CLERK'S JUDGMENT re: 48 Order on Motion to Dismiss in favor of New York State Department of Corrections and Community Supervision, State of New York, Anthony J. Annucci, Anthony L Ritaccio, Jane/John Does, John Does, Mervat Makram, Thomas Vito Stellato against Antonio Mallet. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated October 24, 2022, the motion to dismiss Plaintiff's claims is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/25/2022) (Attachments: # 1 Right to Appeal) (km) (Entered: 10/25/2022)

NOTICE OF APPEAL from 49 Clerk's Judgment,, 48 Order on Motion to Dismiss,,. Document filed by Antonio Mallet. Filing fee $ 505.00, receipt number ANYSDC-26927688. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Demirayak, Caner) Modified on 11/7/2022 (nd). (Entered: 11/07/2022)

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 50 Notice of Appeal,..(nd)

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 50 Notice of Appeal filed by Antonio Mallet were transmitted to the U.S. Court of Appeals..(nd)

Transmission of Notice of Appeal and Docket Sheet to USCA

Appeal Record Sent to USCA - Electronic File

ORDER of USCA (Certified Copy) as to 50 Notice of Appeal, filed by Antonio Mallet USCA Case Number 22-2884. For the foregoing reasons, the judgment of the District Court is AFFIRMED in part, REVERSED in part, and VACATED in part, and the case is REMANDED for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 1/13/2025. (Attachments: # 1 Supporting Document). (tp) (Entered: 01/13/2025)

MANDATE of USCA (Certified Copy) as to 50 Notice of Appeal, filed by Antonio Mallet USCA Case Number 22-2884. The appeal in the above captioned case from a judgment of the United States District Court for the Southern District of New York was argued on the district court's record and the parties' briefs. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED in part, REVERSED in part, and VACATED in part, and the case is REMANDED for further proceedings consistent with this Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 2/3/2025. (Attachments: # 1 Supplement Supporting Document, # 2 Supplement Supporting Document).(km) (Entered: 02/04/2025)

CALENDAR NOTICE, Please take notice that the above captioned matter has been scheduled for a: Telephone conference on Thursday, February 6, 2025 at 11:45 A.M. before the Honorable Colleen McMahon, United States District Judge. Parties should dial in at 1(888)363-4749, access code (9054506). So Ordered: to join the conference ( Telephone Conference set for 2/6/2025 at 11:45 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 2/4/25) (yv) (Entered: 02/04/2025)

Transmission of USCA Mandate/Order to District Judge

Transmission of USCA Mandate/Order to the District Judge re: 52 USCA Mandate.(km)

NOTICE OF APPEARANCE by Michael James Keane on behalf of Mervat Makram, Thomas Vito Stellato, Anthony L Ritaccio..(Keane, Michael) (Entered: 02/05/2025)

Telephone Conference

Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 2/6/2025. Decision: Scheduling conference held by phone. Before setting a schedule, Judge McMahon wanted to know whether the New York Attorney General planned to seek reconsideration of the Second Circuits decision overturning dismissal of the case or petition for certiorari, given that the Second Circuit majority appeared to have changed the law. The New York Attorney Generals initial response had been to not seek further appellate review, but Assistant Attorney General Schulze agreed that Judge Menashis dissent from the Second Circuits decision was persuasive and announced that he would ask the appellate unit to reconsider. Assistant Attorney General Schulze to report back by letter with a final decision ASAP. The Court is inclined to set a 90-day discovery schedule, but only if there would be no further appellate litigation. Plaintiffs counsel explained the schedule in the correlate Court of Claims case against the State of New York, and Judge McMahon announced that discovery/depositions in the Court of Claims case would also serve as discovery/depositions in this case, assuming discovery is needed. This would put the current case on, more or less, the schedule anticipated by the Court. Plaintiffs counsel indicated that he had made no final decision about continuing the case against Defendant Professor Ritaccio, but was preliminarily inclined to discontinue as to him and will report a final decision ASAP. The Court concluded that it made no sense to deal with remand issues until that decision is made.Court Reporter: None.Submitted by: Cameron Molis. (mde)

LETTER addressed to Judge Colleen McMahon from Caner Demirayak dated February 19, 2025 re: respectfully requesting this court's compliance with the Second Circuit's Mandate. Document filed by Antonio Mallet..(Demirayak, Caner) (Entered: 02/19/2025)

LETTER addressed to Judge Colleen McMahon from Michael J. Keane dated February 20, 2025 re: petition for certiorari. Document filed by Mervat Makram, Thomas Vito Stellato, Anthony L Ritaccio..(Keane, Michael) (Entered: 02/20/2025)

MEMO ENDORSEMENT on re: 56 Letter petition for certiorari filed by Thomas Vito Stellato, Mervat Makram, Anthony L Ritaccio. ENDORSEMENT: Rule 16 conference to set schedule for discovery and dispositive motions to be held on 2/27/2025 at 9:45 AM. Please be prepared to discuss exactly what discovery has taken place in the County Claims bureau that discovery will NOT be repeated here., ( Initial Conference set for 2/27/2025 at 09:45 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 2/24/25) (yv) (Entered: 02/24/2025)

CONSENT LETTER MOTION to Continue and adjourn conference for a date convenient to the COurt addressed to Judge Colleen McMahon from Michael J. Keane dated February 25, 2025. Document filed by Mervat Makram, Thomas Vito Stellato, Anthony L Ritaccio..(Keane, Michael) (Entered: 02/25/2025)

ORDER granting 58 Letter Motion to Continue. OK, adjourned to 3/6/2025 at 10:45AM. Initial Conference set for 3/6/2025 at 10:45 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 2/25/2025) (jca) (Entered: 02/25/2025)

MEMO ENDORSEMENT on re: 55 Letter requesting this court's compliance with the Second Circuit's Mandate. filed by Antonio Mallet. ENDORSEMENT: The conference scheduled on for 3/6/2025 has been rescheduled to March 7, 2025 at 11:00 AM., ( Initial Conference set for 3/7/2025 at 11:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 2/28/25) (yv) (Entered: 02/28/2025)

MOTION for Daniel A. Schulze to Withdraw as Attorney . Document filed by Mervat Makram, Thomas Vito Stellato, Anthony L Ritaccio..(Schulze, Daniel) (Entered: 03/03/2025)

MEMO ENDORSED ORDER granting 61 Motion to Withdraw as Attorney. ENDORSEMENT: Granted - take his name off ECF. (Attorney Daniel A. Schulze terminated.) (Signed by Judge Colleen McMahon on 3/4/25) (yv) (Entered: 03/04/2025)

Minute Entry for proceedings held before Judge Colleen McMahon: Scheduling Conference held on 3/7/2025. Decision: Scheduling conference held. Deadline for paper discovery is March 21, 2025. Deadline for all discovery is September 30, 2025.Court Reporter: NoneSubmitted by: Cameron Molis. (mde)

Scheduling Conference

Answer to Amended Complaint

Summary Judgment

Declaration in Support of Motion

Declaration in Support of Motion

Rule 56.1 Statement

Memorandum of Law in Support of Motion

Proposed Pre-Trial Order

Proposed Voir Dire Questions

Proposed Jury Instructions

Proposed Jury Instructions

Proposed Voir Dire Questions

Memorandum of Law in Opposition to Motion

Rule 56.1 Statement

Declaration in Opposition to Motion

Preclude AND Strike

Declaration in Support of Motion

Memorandum of Law in Support of Motion

Declaration in Support of Motion

Reply Memorandum of Law in Support of Motion