Cayemittes v. The City of New York et al
Plaintiff: Emmanuel Cayemittes
Defendant: Officer John Doe, John Does 1-2, Det. Hugo Ortega, The City of New York, Sgt Adan Munoz and Sophia Carson
Case Number: 1:2015cv02364
Filed: April 27, 2015
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: William F Kuntz
Referring Judge: Roanne L Mann
2 Judge: Taryn A Merkl
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on November 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2021 Opinion or Order Filing 141 Order: Due to an unanticipated change in the Courts schedule, the trial currently scheduled to commence on Monday, January 3, 2022 is hereby adjourned to Monday, April 25, 2022 at 9:30 A.M. at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, inCourtroom 6H North before the Honorable William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 11/8/2021. (Herrera, Isaiah)
October 5, 2021 Opinion or Order Filing 140 ORDER granting #139 Motion to Request Mediation. Selection of Mediator due by 10/19/2021. Ordered by Judge William F. Kuntz, II on 10/5/2021. (Herrera, Isaiah)
October 5, 2021 MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina)
October 4, 2021 Filing 139 Consent Motion to Request Mediation /referral to EDNY trial-ready pilot mediation program, by Emmanuel Cayemittes. (Lumer, Michael)
June 4, 2021 Case Reassigned to Magistrate Judge Taryn A. Merkl. Magistrate Judge Roanne L. Mann no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna)
May 10, 2021 Filing 138 RESPONSE in Opposition re #137 Letter MOTION to Compel /assign parties to participate in EDNY pilot trial-ready mediation program filed by Sophia Carson, Hugo Ortega. (Scharfstein, Susan)
May 10, 2021 Opinion or Order ORDER denying #137 Motion to Compel. So Ordered by Judge William F. Kuntz, II on 5/10/2021. (Kuntz, William)
May 7, 2021 Filing 137 Letter MOTION to Compel /assign parties to participate in EDNY pilot trial-ready mediation program by Emmanuel Cayemittes. (Lumer, Michael)
September 22, 2020 Set/Reset Hearings: Jury Trial set for 1/3/2022 at 9:30 AM in Courtroom 6H North before Judge William F. Kuntz, II. (Love, Alexis)
September 11, 2020 Opinion or Order Filing 136 SCHEDULING ORDER: The Court hereby adjourns the five-day trial currently scheduled to begin Monday, February 22, 2021 to Monday, January 3, 2022 at 9:30 A.M. in Courtroom 6H North before the Honorable William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 9/11/2020. (Love, Alexis)
March 17, 2020 Opinion or Order Filing 135 ORDER: In light of the outbreak of COVID-19, the five-day jury trial in the above-captioned action currently scheduled to begin on Monday, June 8, 2020 is hereby adjourned to begin on Monday, February 22,2021 at 9:30 A.M.. SO Ordered by Judge William F. Kuntz, II on 3/16/2020. (Tavarez, Jennifer)
January 17, 2020 Opinion or Order Filing 134 ORDER: Due to an unanticipated change in the Court's schedule, the trial currently scheduled to commence on Monday, April 27, 2020 is hereby adjourned to Monday, June 8, 2020 at 9:30 A.M., at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, in Courtroom 6H North before the Honorable William F. Kuntz, II.SO Ordered by Judge William F. Kuntz, II on 1/16/2020. (Tavarez, Jennifer)
August 29, 2019 Filing 133 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 31, 2018, before Judge Kuntz. Court Reporter/Transcriber Denise Parisi, Telephone number 718-613-2605. Email address: deniseparisi72@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/19/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/27/2019. (Parisi, Denise)
August 7, 2019 Opinion or Order ORDER finding as moot #127 Motion to Stay. So Ordered by Judge William F. Kuntz, II on 8/7/2019. (Douglas, Maura)
June 28, 2019 Opinion or Order Filing 132 ORDER: Plaintiff's request for an earlier trial date is hereby DENIED, and trial in this action remains scheduled to commence on Monday, April 27, 2020 at 9:30 A.M. in Courtroom 6H North before the Honorable William F. Kuntz, II. SO Ordered by Judge William F. Kuntz, II on 6/27/2019. (Tavarez, Jennifer)
June 26, 2019 Filing 131 Letter concerning Munoz's trial availability and request for short trial date by Emmanuel Cayemittes (Lumer, Michael)
June 26, 2019 Filing 130 Letter notifying Court of availability of defendant Munoz by Adan Munoz (Kretz, Walter)
June 4, 2019 Opinion or Order Filing 129 ORDER granting #121 Motion to Stay. In light of defense counsel's letter requesting an adjournment of the trial in the above-captioned matter (ECF No. 127), the Court hereby adjourns the trial currently scheduled to commence on July 8, 2019 until Monday, April 27, 2020 at 9:30 A.M. in Courtroom 6H North before the Honorable William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 6/3/2019. (Jackson, Andrew)
June 4, 2019 Filing 128 RESPONSE in Opposition re #127 Letter MOTION to Stay re #122 Response in Opposition to Motion, #121 Third MOTION to Stay Trial, #123 Reply in Support filed by Emmanuel Cayemittes. (Lumer, Michael)
June 3, 2019 Filing 127 Letter MOTION to Stay re #122 Response in Opposition to Motion, #121 Third MOTION to Stay Trial, #123 Reply in Support by Adan Munoz. (Kretz, Walter)
May 24, 2019 Filing 126 RESPONSE in Opposition re #106 MOTION in Limine filed by Sophia Carson, Hugo Ortega. (Scharfstein, Susan)
May 24, 2019 Filing 125 RESPONSE in Opposition re #116 MOTION in Limine filed by Emmanuel Cayemittes. (Lumer, Michael)
May 24, 2019 Filing 124 RESPONSE in Opposition re #112 MOTION in Limine filed by Emmanuel Cayemittes. (Lumer, Michael)
May 20, 2019 Filing 123 REPLY in Support re #122 Response in Opposition to Motion, #121 Third MOTION to Stay Trial filed by Adan Munoz. (Kretz, Walter)
May 20, 2019 Filing 122 RESPONSE in Opposition re #121 Third MOTION to Stay Trial filed by Emmanuel Cayemittes. (Lumer, Michael)
May 20, 2019 Filing 121 Third MOTION to Stay Trial by Adan Munoz. (Kretz, Walter)
November 9, 2018 Filing 120 MOTION for Extension of Time to File Response/Reply to motions in limine by Sophia Carson, Hugo Ortega. (Scharfstein, Susan)
November 9, 2018 Opinion or Order ORDER granting #120 Motion for Extension of Time to File Response/Reply. So Ordered by Judge William F. Kuntz, II on 11/9/2018. (Choudhury, Farhana)
November 7, 2018 Filing 119 Second MOTION to Stay trial by Adan Munoz. (Kretz, Walter)
November 7, 2018 Opinion or Order ORDER granting #119 Motion to Stay Trial. The trial of this action is hereby adjourned to Monday, July 8, 2019, at 9:30 A.M. in Courtroom 6H North before the Honorable William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 11/7/2018. (Choudhury, Farhana)
October 30, 2018 Filing 118 Proposed Jury Instructions/Verdict Form by Adan Munoz (Attachments: #1 Proposed Verdict Sheet) (Kretz, Walter)
October 30, 2018 Filing 117 Proposed Voir Dire by Adan Munoz (Kretz, Walter)
October 30, 2018 Filing 116 MOTION in Limine by Adan Munoz. (Attachments: #1 Memorandum in Support) (Kretz, Walter)
October 30, 2018 Filing 115 Proposed Jury Instructions/Verdict Form by Hugo Ortega (Attachments: #1 Appendix) (Scharfstein, Susan)
October 30, 2018 Filing 114 Proposed Voir Dire by Sophia Carson, Hugo Ortega (Scharfstein, Susan)
October 30, 2018 Filing 113 MEMORANDUM in Support re #112 MOTION in Limine filed by Sophia Carson, Hugo Ortega. (Scharfstein, Susan)
October 30, 2018 Filing 112 MOTION in Limine by Sophia Carson, Hugo Ortega. (Scharfstein, Susan)
October 30, 2018 Filing 111 Letter setting out plaintiff's Statement on Damages, by Emmanuel Cayemittes (Lumer, Michael)
October 30, 2018 Filing 110 Proposed Jury Instructions/Verdict Form by Emmanuel Cayemittes (Attachments: #1 Plaintiff's Proposed Verdict Sheet) (Lumer, Michael)
October 30, 2018 Filing 109 Proposed Voir Dire by Emmanuel Cayemittes (Lumer, Michael)
October 30, 2018 Filing 108 MEMORANDUM in Support re #106 MOTION in Limine filed by Emmanuel Cayemittes. (Lumer, Michael)
October 30, 2018 Filing 107 AFFIDAVIT/DECLARATION in Support re #106 MOTION in Limine filed by Emmanuel Cayemittes. (Attachments: #1 Exhibit 1: excerpts from conference in Perez v. Duran) (Lumer, Michael)
October 30, 2018 Filing 106 MOTION in Limine by Emmanuel Cayemittes. (Lumer, Michael)
October 25, 2018 Filing 105 MOTION for Extension of Time to File pretrial papers from 10/26 to 10/30, on consent of some, but not all, of the defendants, by Emmanuel Cayemittes. (Lumer, Michael)
October 25, 2018 Opinion or Order ORDER granting #105 Motion for Extension of Time to File. Parties' pretrial submissions due on October 30, 2018; any opposition to any motions in limine due on November 13, 2018. So Ordered by Judge William F. Kuntz, II on 10/25/2018. (Choudhury, Farhana)
June 29, 2018 Opinion or Order Filing 104 ORDER: As the parties prepare for pre-trial submissions and the trial of this action, for the clarity of all parties and the Court, the rulings made from the bench on May 31, 2018 are restated within this Order. (See Order for details)SO Ordered by Judge William F. Kuntz, II on 6/28/2018. (Tavarez, Jennifer)
June 29, 2018 Opinion or Order Filing 103 PRETRIAL ORDER: The Proposed Pretrial Order #101 is hereby GRANTED. SO Ordered by Judge William F. Kuntz, II on 6/28/2018. (Tavarez, Jennifer)
June 20, 2018 Opinion or Order ORDER granting #102 Motion for Extension of Time to File. The trial of this action is hereby adjourned to Monday, December 10, 2018, at 9:30 A.M. in Courtroom 6H North before the Honorable William F. Kuntz, II. The deadline for pre-trial submissions is adjourned to October 26, 2018, with the due date for any papers in opposition to any motions in limine extended to November 9, 2018. So Ordered by Judge William F. Kuntz, II on 6/20/2018. (Choudhury, Farhana)
June 19, 2018 Filing 102 MOTION for Extension of Time to File Pre-Trial Papers and adjourn trial by Adan Munoz. (Kretz, Walter)
June 14, 2018 Filing 101 Proposed Pretrial Order by Sophia Carson, Hugo Ortega (Scharfstein, Susan)
June 7, 2018 Filing 100 Joint MOTION for Extension of Time to File motions in limine, proposed jury charges, and other pretrial papers, by Emmanuel Cayemittes. (Lumer, Michael)
June 7, 2018 Opinion or Order ORDER granting #100 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 6/7/2018. (Choudhury, Farhana)
May 31, 2018 Minute Entry for proceedings held before Judge William F. Kuntz, II: Final Pretrial Conference held on 5/31/2018. Appearances: Michael Lumer, Esq., appeared on behalf of Plaintiff Emmanuel Cayemittes. Susan Scharfstein, Esq., appeared on behalf of Defendants Det. Hugo Ortega and Sophia Carson. Walter Kretz, Jr., Esq., appeared on behalf of Defendant Sgt. Adan Munoz. The Court granted Ms. Scharfstein's application to remove The City of New York from the case caption. The five-day jury trial shall commence on Monday, August 13, 2018 at 9:30 A.M., in courtroom 6H North, before the Honorable William F. Kuntz, II. (Court Reporter Denise Parisi.) (Jackson, Andrew)
May 17, 2018 Filing 99 MOTION for Extension of Time to File motions in limine and other pre-trial submissions by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
May 17, 2018 Opinion or Order ORDER granting #99 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 5/17/2018. (Choudhury, Farhana)
April 30, 2018 Opinion or Order SCHEDULING ORDER: Final Pretrial Conference set for Thursday, May 31, 2018, at 11:30 AM before Judge William F. Kuntz II. So Ordered by Judge William F. Kuntz, II on 4/30/2018. (Choudhury, Farhana)
April 27, 2018 Filing 98 Proposed Pretrial Order as amended on behalf of all parties by Sophia Carson, Hugo Ortega, The City of New York (Scharfstein, Susan)
April 27, 2018 Filing 97 Proposed Pretrial Order , on behalf of all parties, by Emmanuel Cayemittes (Lumer, Michael)
April 4, 2018 Filing 96 ELECTRONIC ORDER. The combined JPTO shall be docketed into the ECF court file by April 27, 2018. See attached Order. Ordered by Chief Mag. Judge Roanne L. Mann on 4/4/2018. (Kelson, Lise)
March 30, 2018 Opinion or Order Filing 95 DECISION and ORDER: The movants' motion to dismiss and/or for summary judgmentas to defendants Carson, Ortega, and the City is GRANTED in part and DENIED in part. The Court concludes as follows: 1. The motion for summary judgment on the excessive force claim as to defendants Ortega and Carson is DENIED; 2. The motion for summary judgment on the fair trial claim as to defendant Carson is GRANTED; and 3. The motion to dismiss the Monell claim against the City is GRANTED. The Clerk of Court is directed to terminate the motion pending at ECF No. #82 . SO Ordered by Judge William F. Kuntz, II on 3/30/2018. (Tavarez, Jennifer)
August 25, 2017 Filing 94 Letter forwarding courtesy copies of motion papers by Sophia Carson, Hugo Ortega, The City of New York (Scharfstein, Susan)
August 25, 2017 Filing 93 REPLY in Support re #82 MOTION to Dismiss and/or for Summary Judgment in response to opposition served by co-defendant Adan Munoz filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 25, 2017 Filing 92 REPLY in Support re #82 MOTION to Dismiss and/or for Summary Judgment in response to plaintiff's opposition filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 25, 2017 Filing 91 AFFIDAVIT/DECLARATION in Opposition re #82 MOTION to Dismiss and/or for Summary Judgment by counsel for defendant Adan Munoz filed by Sophia Carson, Hugo Ortega, The City of New York. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Scharfstein, Susan)
August 25, 2017 Filing 90 RULE 56.1 STATEMENT re #82 MOTION to Dismiss and/or for Summary Judgment by defendant Adan Munoz filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 25, 2017 Filing 89 MEMORANDUM in Opposition re #82 MOTION to Dismiss and/or for Summary Judgment by defendant Adan Munoz filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 25, 2017 Filing 88 RESPONSE in Opposition re #82 MOTION to Dismiss and/or for Summary Judgment , AFFIDAVIT/DECLARATION in Opposition re #82 MOTION to Dismiss and/or for Summary Judgment by counsel for plaintiff filed by Sophia Carson, Hugo Ortega, The City of New York. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Scharfstein, Susan)
August 25, 2017 Filing 87 RULE 56.1 STATEMENT re #82 MOTION to Dismiss and/or for Summary Judgment in opposition by plaintiff filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 25, 2017 Filing 86 MEMORANDUM in Opposition re #82 MOTION to Dismiss and/or for Summary Judgment by plaintiff filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 25, 2017 Filing 85 AFFIDAVIT/DECLARATION in Support re #82 MOTION to Dismiss and/or for Summary Judgment with exhibits filed by Sophia Carson, Hugo Ortega, The City of New York. (Attachments: #1 Exhibit) (Scharfstein, Susan)
August 25, 2017 Filing 84 RULE 56.1 STATEMENT re #82 MOTION to Dismiss and/or for Summary Judgment filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 25, 2017 Filing 83 MEMORANDUM in Support re #82 MOTION to Dismiss and/or for Summary Judgment filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 25, 2017 Filing 82 MOTION to Dismiss and/or for Summary Judgment by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 17, 2017 Filing 81 MOTION for Extension of Time to File Response/Reply by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 17, 2017 Opinion or Order ORDER granting #81 Motion for Extension of Time to File Response/Reply. So Ordered by Judge William F. Kuntz, II on 8/17/2017. (Harris, Emily)
July 27, 2017 Filing 80 Consent MOTION for Extension of Time to File Response/Reply , serve opposition from 7/24 to 7/26, nunc pro tunc, and enlarge deadline for movants' reply and filing of motion from 8/16 to 8/21, by Emmanuel Cayemittes. (Lumer, Michael)
July 27, 2017 Opinion or Order ORDER granting #80 Motion for Extension of Time to File Response/Reply. So Ordered by Judge William F. Kuntz, II on 7/27/2017. (Kuntz, William)
July 13, 2017 Opinion or Order ORDER granting #79 Motion for Extension of Time to File Response/Reply. So Ordered by Judge William F. Kuntz, II on 7/13/2017. (Harris, Emily)
July 12, 2017 Filing 79 Consent MOTION for Extension of Time to File Response/Reply , serve opposition to defendants' motion for summary judgment, by Emmanuel Cayemittes. (Lumer, Michael)
May 22, 2017 Opinion or Order ORDER granting #78 Motion for Extension of Time to File. Defendants shall serve their motion on Plaintiff on or before May 26, 2017; Plaintiff's opposition, if any, shall be served on Defendants on or before July 14, 2017; and Defendants' reply papers, if any, shall be served on Plaintiff on or before August 4, 2017. Defendants shall file the fully briefed motion on ECF and provide the Court with courtesy copies. So Ordered by Judge William F. Kuntz, II on 5/22/2017. (Harris, Emily)
May 19, 2017 Filing 78 Second MOTION for Extension of Time to File moving papers in support of summary judgment motion by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
April 26, 2017 Opinion or Order ORDER granting #77 Motion to Amend/Correct/Supplement. Defendants shall serve their motion on Plaintiff on or before May 19, 2017; Plaintiff's opposition, if any, shall be served on Defendants on or before June 23, 2017; and Defendants' reply papers, if any, shall be served on Plaintiff on or before July 14, 2017. Defendants shall file the fully briefed motion on ECF and provide the Court with courtesy copies. So Ordered by Judge William F. Kuntz, II on 4/26/2017. (Harris, Emily)
April 25, 2017 Filing 77 MOTION to Amend/Correct/Supplement Order on Motion for Extension of Time to File, to reflect plaintiff's deadline to serve papers in opposition to defendants' motion for summary judgment is June 23, 2017, by Emmanuel Cayemittes. (Lumer, Michael)
April 25, 2017 Filing 76 MOTION for Extension of Time to File moving papers in support of summary judgment motion by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
April 25, 2017 Opinion or Order ORDER granting #76 Motion for Extension of Time to File. Defendants shall serve their motion on Plaintiff on or before May 19, 2017; Plaintiff's opposition, if any, shall be served on Defendants on or before June 13, 2017; and Defendants' reply papers, if any, shall be served on Plaintiff on or before July 14, 2017. Defendants shall file the fully briefed motion on ECF and provide the Court with courtesy copies. So Ordered by Judge William F. Kuntz, II on 4/25/2017. (Harris, Emily)
February 3, 2017 Opinion or Order ORDER finding as moot #62 Motion to Dismiss for Failure to State a Claim in light of the parties' intent to file a superseding motion. So Ordered by Judge William F. Kuntz, II on 2/3/2017. (Harris, Emily)
February 3, 2017 Opinion or Order ORDER finding as moot #57 Motion to Dismiss for Failure to State a Claim. So Ordered by Judge William F. Kuntz, II on 2/3/2017. (Harris, Emily)
January 17, 2017 Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 1/17/2017. Appearances: Michael Lumer, Esq., appeared on behalf of Plaintiff Emmanuel Cayemittes. Susan Scharfstein, Esq., appeared on behalf of Defendants The City of New York, Detective Hugo Ortega, and Sophia Carson. Walter Kretz, Jr., Esq., appeared on behalf of Defendant Sergeant Adan Munoz. The Defendants' application to make a Motion to Dismiss or a Motion for Summary Judgment was granted. The Court ordered the following briefing schedule: 1) Defendants shall serve the motion to dismiss or motion for summary judgment on or before Friday, April 28, 2017; 2) Plaintiff shall serve the memorandum in opposition on or before Friday, June 2, 2017; and 3) Defendants shall serve the reply memorandum on or before Friday, June 23, 2017. Once the motion is fully briefed, defense counsel for The City of New York shall electronically file all motion papers on ECF by 5pm on June 23, 2017 and shall send a complete set of courtesy copies, via overnight mail, to the Court, attention of Mr. Andrew Jackson. Fact discovery and expert discovery is hereby extended to March 17, 2017. (Court Reporter Sophie Nolan.) (Jackson, Andrew)
January 11, 2017 ELECTRONIC ORDER granting, on consent #75 Motion for Extension of Time to Complete Discovery. The remaining deadlines for expert discovery are each extended by two weeks. Ordered by Chief Mag. Judge Roanne L. Mann on 1/11/2017. (Maynard, Pat)
January 9, 2017 Filing 75 MOTION for Extension of Time to Complete Discovery (defendants' expert disclosures and depositions) by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
December 16, 2016 Opinion or Order SCHEDULING ORDER: The Pre Motion Conference that was previously and inadvertently set for 1/16/17 (M.L.K. Day, a federal holiday) is hereby adjourned to 1/17/2017 at 11:30 AM in Courtroom 6H North. So Ordered by Judge William F. Kuntz, II on 12/16/2016. (Goodwin, John)
November 16, 2016 Opinion or Order ORDER granting #74 Motion for Pre Motion Conference. The Pre Motion Conference will be held at 12:00 Noon on Monday, January 16, 2017, in Courtroom 6H North. So Ordered by Judge William F. Kuntz, II on 11/16/16. (Goodwin, John)
November 15, 2016 Filing 74 MOTION for pre motion conference by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
November 8, 2016 Opinion or Order Filing 73 ORDER re #72 Status Report filed by Emmanuel Cayemittes. In a status report docketed on August 26, 2016, the parties reported that a "formal stipulation" would be "filed shortly," pursuant to which the City of New York would withdraw its motion to dismiss the Second Cause of Action alleged in the Second Amended Complaint. According to the docket sheet, no such stipulation has been filed, nor have the parties taken any further action to move this case forward. Fact discovery closed on August 31, 2016. Any party wishing to move for summary judgment must, by November 15, 2016, file a request for a premotion conference before Judge Kuntz. Because of the delays already plaguing this case, the Court declines to defer expert discovery until after motions practice. Plaintiff's expert disclosures must be served by December 9, 2016; defendants' must be served by January 13, 2017. Expert depositions must be completed by February 3, 2017 ( see attached Order ). Ordered by Chief Mag. Judge Roanne L. Mann on 11/8/2016. (Maynard, Pat)
August 26, 2016 Filing 72 STATUS REPORT by Emmanuel Cayemittes (Lumer, Michael)
August 18, 2016 Filing 71 Minute Entry for proceedings held before Chief Mag. Judge Roanne L. Mann:Telephone/Discovery Conference held on 8/18/2016. The parties call from the deposition of defendant Munoz with a dispute as to the meaning of paragraph 5 of the parties' so-ordered confidentiality stipulation (DE#53 ) ( see attached Minute Entry ). (Maynard, Pat)
August 12, 2016 Filing 70 Minute Order for proceedings held before Chief Mag. Judge Roanne L. Mann: Discovery/Motion Hearing held on 8/12/2016, granting in part, denying in part, and denying in part without prejudice #67 Motion to Compel. The Court hears lengthy arguments from the parties concerning plaintiff's motion to compel ( #67 ), which is granted in part, denied in part, and denied in part without prejudice, for the reasons stated on the record. See attached Minute Order for other important information. (Sims, Damani)
August 12, 2016 Filing 69 RESPONSE in Opposition re #67 MOTION to Compel defendant City of New York to comply with the Court's prior orders of April 27 and July 18, 2016, letter to Magistrate Judge Mann filed by Adan Munoz. (Kretz, Walter)
August 12, 2016 ELECTRONIC ORDER In initiating the telephone conference at noon today, plaintiff's counsel is directed to attempt to include counsel for defendant Munoz on the conference call. Munoz is reminded that the deadline for filing a response to plaintiff's pending motion to compel is 9:00 a.m. today. Seegenerally 8/9/16 Scheduling Order. Ordered by Chief Mag. Judge Roanne L. Mann on 8/12/2016. (Maynard, Pat)
August 11, 2016 Filing 68 RESPONSE in Opposition re #67 MOTION to Compel defendant City of New York to comply with the Court's prior orders of April 27 and July 18, 2016, filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
August 9, 2016 Opinion or Order SCHEDULING ORDER: re #67 MOTION to Compel defendant City of New York to comply with the Court's prior orders of April 27 and July 18, 2016, filed by Emmanuel Cayemittes. A Telephone Conference to address plaintiff's latest motion to compel will be held on 8/12/2016 at 12:00 PM. Plaintiff's counsel is directed to initiate the call. Responses to that motion must be docketed into ECF by 9:00 a.m. on August 12, 2016. Ordered by Chief Mag. Judge Roanne L. Mann on 8/9/2016. (Maynard, Pat)
August 8, 2016 Filing 67 MOTION to Compel defendant City of New York to comply with the Court's prior orders of April 27 and July 18, 2016, by Emmanuel Cayemittes. (Attachments: #1 Exh 1: Def's 2/29/16 response to plaintiff's Third Set of Document Demands, #2 Exh 2: Def's 7/22/16 cover letter, #3 Exh 3: Def's 7/22/16 letter re: plaintiff's demands) (Lumer, Michael)
July 26, 2016 Filing 66 Letter advising Court that plaintiff has withdrawn his Second Cause of Action, by Emmanuel Cayemittes (Lumer, Michael)
July 19, 2016 Filing 65 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 7/19/2016. As set forth on the record, I resolved the parties' disputes arising at the plaintiff's deposition. (Orenstein, James)
July 18, 2016 Opinion or Order Filing 64 ORDER For the reasons stated in this Court's Order, the City is directed to produce all outstanding discovery, subject to the limitations set forth herein, by July 22, 2016. Such production must include responses to the demands that plaintiff claims have been ignored. See Pl. Motion at 2. The Court will tolerate no further delays in the case ( see attached Order ). Ordered by Chief Mag. Judge Roanne L. Mann on 7/18/2016. (Maynard, Pat)
July 15, 2016 Filing 63 MOTION to Compel the City of New York to produce all outstanding discovery in compliance with the Court's order of April 27, 2016, by Emmanuel Cayemittes. (Lumer, Michael)
June 3, 2016 Filing 62 Amended Motion to Dismiss for Failure to State a Claim by The City of New York. (Scharfstein, Susan)
June 3, 2016 Filing 61 Letter concerning submission of motion papers and courtesy copies by The City of New York (Scharfstein, Susan)
June 3, 2016 Filing 60 REPLY to Response to Motion re #57 Motion to Dismiss for Failure to State a Claim filed by The City of New York. (Scharfstein, Susan)
June 3, 2016 Filing 59 MEMORANDUM in Support re #57 Motion to Dismiss for Failure to State a Claim filed by The City of New York. (Scharfstein, Susan)
June 3, 2016 Filing 58 RESPONSE in Opposition re #57 Motion to Dismiss for Failure to State a Claim submitted by plaintiff filed by The City of New York. (Scharfstein, Susan)
June 3, 2016 Filing 57 Motion to Dismiss for Failure to State a Claim by The City of New York. (Scharfstein, Susan)
May 27, 2016 Filing 56 RESPONSE to Motion re #55 MOTION for Discovery with reference to plaintiff's deposition filed by Emmanuel Cayemittes. (Lumer, Michael)
May 27, 2016 ELECTRONIC ORDER finding as moot #55 Motion for Discovery. Defendants' request for a status report from plaintiff's counsel regarding plaintiff's availability for deposition is now moot, as the requested status report has been furnished (see DE #56). If defense counsel wishes to conduct plaintiff's deposition in June, she should, after conferring with all counsel about mutually convenient dates, make the necessary arrangements with the facility where the plaintiff is being detained, and, if requested by the facility, submit a proposed order to be so-ordered by the Court. Ordered by Chief Mag. Judge Roanne L. Mann on 5/27/2016. (Williams, Jennifer)
May 25, 2016 ELECTRONIC ORDER re #55 MOTION for Discovery. Plaintiff's response to the motion is due by May 27, 2016. Ordered by Chief Mag. Judge Roanne L. Mann on 5/25/2016.(Williams, Jennifer)
May 24, 2016 Filing 55 MOTION for Discovery with reference to plaintiff's deposition by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
May 9, 2016 ELECTRONIC ORDER granting #53 Motion for Protective Order. The Court has so-ordered the parties' "Attorney's Eyes Only" stipulation of confidentiality. The Court expects that the "Attorney's Eyes Only" designation will be used sparingly, and only in the case of particularly sensitive information that should not be shared with a party due to compelling privacy, security, or other similar concerns. Ordered by Chief Mag. Judge Roanne L. Mann on 5/9/2016. (Dollar, Thomas)
May 9, 2016 Opinion or Order ORDER granting #54 Motion for Extension of Time to File Response/Reply. So Ordered by Judge William F. Kuntz, II on 5/9/16. (Goodwin, John)
May 8, 2016 Filing 54 Consent MOTION for Extension of Time to File Response/Reply , or serve plaintiff's opposition to defendant City of New York's motion to dismiss by Emmanuel Cayemittes. (Lumer, Michael)
May 6, 2016 Filing 53 MOTION for Protective Order re Confidentiality by Adan Munoz. (Kretz, Walter)
May 4, 2016 ELECTRONIC ORDER granting #52 Motion for Extension of Time to Complete Discovery. The Court reluctantly grants the parties' request for a three-month extension of the fact discovery deadline, until August 31, 2016. The parties' joint status report is due by August 26, 2016. No further extensions will be granted , regardless of counsel's scheduling conflicts. Ordered by Chief Mag. Judge Roanne L. Mann on 5/4/2016. (Maynard, Pat)
May 4, 2016 ELECTRONIC ORDER finding as moot #36 Motion to Compel. Ordered by Chief Mag. Judge Roanne L. Mann on 5/4/2016. (Maynard, Pat)
May 3, 2016 Filing 52 Joint MOTION for Extension of Time to Complete Discovery by Emmanuel Cayemittes. (Lumer, Michael)
May 3, 2016 ELECTRONIC ORDER granting #51 Motion for Extension of Time to File. Application granted. Ordered by Chief Mag. Judge Roanne L. Mann on 5/3/2016. (Dollar, Thomas)
May 2, 2016 Filing 51 MOTION for Extension of Time to File Confidentiality Stipulation by Adan Munoz. (Kretz, Walter)
April 27, 2016 Filing 50 MEMORANDUM AND ORDER granting #41 Motion for Extension of Time to Complete Discovery; granting in part #43 Motion to Compel. For the reasons stated in this Court's Memorandum and Order, all counsel are directed to promptly confer in a good faith effort to reach agreement on the precise scope of defendants' supplemental productions, which must be made without undue delay; any new confidentiality stipulation must be filed with the Court by May 2, 2016. In addition, plaintiff is directed to promptly supplement his discovery responses to the extent necessary to fully comply with his discovery obligations. Any motion for additional time to complete discovery must be filed by May 3, 2016 ( see attached M&O). Ordered by Chief Mag. Judge Roanne L. Mann on 4/27/2016. (Maynard, Pat)
April 22, 2016 Filing 49 ANSWER to #40 Amended Complaint, by Adan Munoz. (Kretz, Walter)
April 22, 2016 Filing 48 ANSWER to #40 Amended Complaint, (Second) by Sophia Carson, Hugo Ortega. (Scharfstein, Susan)
April 6, 2016 Opinion or Order ORDER granting #47 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 4/6/2016. (Goodwin, John)
April 5, 2016 Filing 47 MOTION for Extension of Time to File moving papers and to revise briefing schedule for motion to dismiss Second Amended Complaint by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
April 4, 2016 Opinion or Order ORDER finding as moot #33 Motion for Leave to File Second Amended Complaint. So Ordered by Judge William F. Kuntz, II on 4/4/2016. (Goodwin, John)
March 30, 2016 Filing 46 RESPONSE to Motion re #43 MOTION to Compel the defendant City of New York to produce substantive discovery responses and materials, filed by Adan Munoz. (Kretz, Walter)
March 30, 2016 Filing 45 RESPONSE in Opposition re #43 MOTION to Compel the defendant City of New York to produce substantive discovery responses and materials, filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
March 25, 2016 Filing 44 MOTION for Extension of Time to File Response/Reply to plaintiff's March 23, 2016 motion to compel by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
March 25, 2016 ELECTRONIC ORDER granting #44 Motion for Extension of Time to File Response/Reply. Application granted. Ordered by Chief Mag. Judge Roanne L. Mann on 3/25/2016. (Dollar, Thomas)
March 23, 2016 Filing 43 MOTION to Compel the defendant City of New York to produce substantive discovery responses and materials, by Emmanuel Cayemittes. (Attachments: #1 EXH 1: 12/17/15 Letter from defendants, #2 EXH 2: Defs' 2d Set of Disc Responses, #3 EXH 3: Pl's Letter of 2/26/16, #4 EXH 4: Defs' 3d Set of Disc Responses, #5 EXH 5: Excerpts from IAB file) (Lumer, Michael)
March 21, 2016 Filing 42 RESPONSE in Opposition re #41 MOTION for Extension of Time to Complete Discovery from 3/29 to 5/27/16 filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
March 18, 2016 Filing 41 MOTION for Extension of Time to Complete Discovery from 3/29 to 5/27/16 by Emmanuel Cayemittes. (Lumer, Michael)
March 18, 2016 Opinion or Order ORDER finding as moot #38 Motion for Pre Motion Conference. So Ordered by Judge William F. Kuntz, II on 3/18/2016. (Jackson, Andrew)
March 18, 2016 ELECTRONIC ORDER re #41 MOTION for Extension of Time to Complete Discovery. Any defendant objecting to this motion must file a written response, via ECF, by close of business on March 22, 2016. Ordered by Chief Mag. Judge Roanne L. Mann on 3/18/2016. (Dollar, Thomas)
March 4, 2016 Filing 40 AMENDED COMPLAINT (Second) against Sophia Carson, John Doe, Adan Munoz, Hugo Ortega, The City of New York, filed by Emmanuel Cayemittes. (Attachments: #1 Exh. 1: Summons and Complaint, Berry v. City of New York, NYS Supreme Ct, Kings Cty, 00728/2015) (Lumer, Michael)
March 2, 2016 Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 3/2/2016. Appearances: Michael Lumer, Esq., appeared on behalf of Plaintiff Emmanuel Cayemittes. Susan Scharfstein, Esq., appeared on behalf of Defendants Detective Hugo Ortega, Sophia Carson, and The City of New York. Walter Kretz, Esq., appeared on behalf of Defendant Sergeant Adan Munoz. Defendants' applications to make a motion to dismiss were granted. The Court ordered the following briefing schedule: 1) Plaintiff shall serve and file the Amended Complaint on or before Friday, March 4, 2016; 2) Defendants shall move, answer, or otherwise respond to the Second Amended Complaint on or before Friday, April 8, 2016; 3) Plaintiff shall serve and/or file the opposition brief on or before Friday, April 29, 2016; and 4) Defendants shall serve and/or file the reply brief on or before Friday, May 13, 2016. Once the motion is fully briefed, The City Defendant shall electronically file all motion papers on ECF by 5pm on May 13, 2016 and shall send a complete set of courtesy copies, via overnight mail, to the Court, attention of Mr. Andrew Jackson. Discovery is not stayed during the pendency of the motion. (Court Reporter Joshua Edwards.) (Jackson, Andrew)
March 1, 2016 Filing 39 RESPONSE to Motion re #37 Letter MOTION for pre motion conference re #35 Memorandum in Support, #34 Affidavit in Support of Motion, #33 MOTION for Leave to File a Second Amended Complaint, pursuant to FRCP 15(a), and related relief, #38 MOTION for pre motion conference filed by Emmanuel Cayemittes. (Lumer, Michael)
March 1, 2016 Filing 38 MOTION for pre motion conference by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
February 29, 2016 ELECTRONIC ORDER re #37 Letter MOTION for pre motion conference re #35 Memorandum in Support, #34 Affidavit in Support of Motion, #33 MOTION for Leave to File a Second Amended Complaint, pursuant to FRCP 15(a), and related relief filed by Adan Munoz. In light of Judge Kuntz's February 26th Order scheduling a premotion conference before him, this Court's March 2nd deadline for responses to plaintiff's motion to amend is adjourned sine die. Ordered by Chief Mag. Judge Roanne L. Mann on 2/29/2016. (Maynard, Pat)
February 26, 2016 Filing 37 Letter MOTION for pre motion conference re #35 Memorandum in Support, #34 Affidavit in Support of Motion, #33 MOTION for Leave to File a Second Amended Complaint, pursuant to FRCP 15(a), and related relief by Adan Munoz. (Kretz, Walter)
February 26, 2016 Opinion or Order ORDER granting #37 Motion for Pre Motion Conference. The Pre Motion Conference shall be held at 1:00 P.M. on Wednesday, March 2, 2016 in Courtroom 6H North before the Hon. William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 2/26/2016. (Kuntz, William)
February 25, 2016 Filing 36 MOTION to Compel defendant Adan Munoz to produce responses to plaintiff's Interrogatories and Demand Documents, by Emmanuel Cayemittes. (Lumer, Michael)
February 25, 2016 ELECTRONIC ORDER deferring ruling on #36 Motion to Compel. By February 29, 2016, defendant Munoz must either respond to the discovery demands served on January 5, 2016 (with proof of service filed with the Court), or show cause why he should not be ordered to respond by a later date and be deemed to have waived his objections to all such demands. Ordered by Chief Mag. Judge Roanne L. Mann on 2/25/2016. (Dollar, Thomas)
February 25, 2016 ELECTRONIC ORDER granting #32 Motion for Protective Order. So-ordered. Ordered by Chief Mag. Judge Roanne L. Mann on 2/25/2016. (Dollar, Thomas)
February 24, 2016 ELECTRONIC ORDER re #33 MOTION for Leave to File a Second Amended Complaint, pursuant to FRCP 15(a), filed by Emmanuel Cayemittes. Defendants' responses to this motion are due by March 2, 2016. Ordered by Chief Mag. Judge Roanne L. Mann on 2/24/2016. (Maynard, Pat)
February 23, 2016 Filing 35 MEMORANDUM in Support re #33 MOTION for Leave to File a Second Amended Complaint, pursuant to FRCP 15(a), filed by Emmanuel Cayemittes. (Lumer, Michael)
February 23, 2016 Filing 34 AFFIDAVIT/DECLARATION in Support re #33 MOTION for Leave to File a Second Amended Complaint, pursuant to FRCP 15(a), filed by Emmanuel Cayemittes. (Attachments: #1 Exhibit 1: Proposed Second Amended Complaint) (Lumer, Michael)
February 23, 2016 Filing 33 MOTION for Leave to File a Second Amended Complaint, pursuant to FRCP 15(a), by Emmanuel Cayemittes. (Lumer, Michael)
February 23, 2016 Filing 32 MOTION for Protective Order re: confidentiality submitted on consent by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
February 22, 2016 ELECTRONIC ORDER re #31 Status Report filed by Adan Munoz. An updated status report is due by March 29, 2016, at which time the Court will set a scheduled for expert discovery or requests for a premotion conference. Ordered by Chief Mag. Judge Roanne L. Mann on 2/22/2016. (Maynard, Pat)
February 19, 2016 Filing 31 STATUS REPORT Expert Disclosure by Adan Munoz (Kretz, Walter)
January 25, 2016 Opinion or Order Filing 30 MEMORANDUM AND ORDER denying without prejudice #24 Motion to Compel. For the reasons explained in the attached M&O, the Court denies defendants' motion to compel without prejudice to defendants' serving a reframed interrogatory. (See attached M&O.) Ordered by Magistrate Judge Roanne L. Mann on 1/25/2016. (Dollar, Thomas)
January 20, 2016 Opinion or Order Filing 29 ORDER The parties have rejected the Court's settlement proposal. Fact discovery closes on March 29, 2016. The parties are directed to confer and, by February 19, 2016, to advise the Court, via ECF, whether they prefer to have dispositive motions practice precede or follow expert discovery, and whether they will be conducting expert depositions. Ordered by Magistrate Judge Roanne L. Mann on 1/20/2016. (Maynard, Pat)
January 14, 2016 Filing 28 Minute Entry for Settlement Conference held before Magistrate Judge Roanne L. Mann on 1/14/2016. The parties shall respond to the Court's settlement proposal by January 19, 2016. If the case doesn't settle, the Court will address the pending discovery dispute and will schedule further proceedings in the case. (Williams, Jennifer)
January 13, 2016 Filing 27 ANSWER to #12 Amended Complaint by Adan Munoz. (Kretz, Walter)
January 8, 2016 Filing 26 NOTICE of Appearance by Walter A. Kretz, Jr on behalf of Adan Munoz (aty to be noticed) (Kretz, Walter)
January 8, 2016 Filing 25 RESPONSE in Opposition re #24 MOTION to Compel filed by Emmanuel Cayemittes. (Attachments: #1 Exh 1: Plaintiff's response to Interrogatory 1, #2 Exh 2: Plaintiff supplemental response) (Lumer, Michael)
January 6, 2016 Filing 24 MOTION to Compel by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
January 5, 2016 Filing 23 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Telephone/Discovery Conference held on 1/5/2016. The Court overrules defense counsel's objection to a question posed by plaintiff's counsel during the deposition of defendant Ortega. (Maynard, Pat) Modified description on 1/5/2016 (Maynard, Pat).
December 29, 2015 Opinion or Order Filing 22 MEMORANDUM AND ORDER granting #17 Motion to Compel. For the reasons stated in the attached opinion, defendants are directed to provide a substantive, suppplemental response to Interrogatory No. 3 by January 7, 2016. Ordered by Magistrate Judge Roanne L. Mann on 12/29/2015. (Williams, Jennifer)
December 23, 2015 Filing 21 ANSWER to #12 Amended Complaint by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
December 17, 2015 Filing 20 RESPONSE in Opposition re #17 First MOTION to Compel defendants to produce substantive discovery responses, filed by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
December 15, 2015 Opinion or Order ELECTRONIC ORDER granting #19 Motion for Extension of Time to File Response/Reply, until 12/17/15. Application granted, on consent. Ordered by Magistrate Judge Roanne L. Mann on 12/15/2015. (Williams, Jennifer)
December 14, 2015 Filing 19 Letter MOTION for Extension of Time to File Response/Reply as to Order, #17 First MOTION to Compel defendants to produce substantive discovery responses, by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
December 11, 2015 Filing 18 Letter in accordance with the Court's order of today by Emmanuel Cayemittes (Lumer, Michael)
December 11, 2015 Opinion or Order ELECTRONIC ORDER re #17 First MOTION to Compel defendants to produce substantive discovery responses, filed by Emmanuel Cayemittes. Defendants' response to this letter-motion is due by December 14, 2015. By that same date, plaintiff's counsel shall file a letter with the correct docket number of the Covington case. Ordered by Magistrate Judge Roanne L. Mann on 12/11/2015. (Maynard, Pat)
December 10, 2015 Filing 17 First MOTION to Compel defendants to produce substantive discovery responses, by Emmanuel Cayemittes. (Attachments: #1 Exh 1: Relevant pages from defendants' discovery responses) (Lumer, Michael)
December 3, 2015 Filing 16 SUMMONS Returned Executed by Emmanuel Cayemittes. (Lumer, Michael)
December 3, 2015 Filing 15 SUMMONS Returned Executed by Emmanuel Cayemittes. Adan Munoz served on 11/23/2015, answer due 12/14/2015. (Lumer, Michael)
November 10, 2015 Filing 14 Amended Summons Issued as to Adan Munoz. (Brucella, Michelle)
October 30, 2015 Filing 13 Proposed Summons. Re #12 Amended Complaint by Emmanuel Cayemittes (Lumer, Michael)
October 28, 2015 Filing 12 AMENDED COMPLAINT against Sophia Carson, Hugo Ortega, The City of New York, Adan Munoz, John Doe, filed by Emmanuel Cayemittes. (Lumer, Michael)
September 29, 2015 Filing 11 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Initial Conference Hearing held on 9/29/2015. Next settlement conference scheduled for 1/14/2016 at 2:00 p.m. Fact discovery to be completed by 3/29/2016 ( see attached Minute Entry for additional scheduling ). (Maynard, Pat)
July 21, 2015 Opinion or Order Filing 10 SCHEDULING ORDER: An initial conference is set for 9/29/2015 at 03:30 PM in Courtroom 13C South before Magistrate Judge Roanne L. Mann. SEE ATTACHED REQUIREMENTS FOR CONFERENCE. Ordered by Magistrate Judge Roanne L. Mann on 7/21/2015. (Williams, Jennifer)
July 20, 2015 Filing 9 ANSWER to #1 Complaint, by Sophia Carson, Hugo Ortega, The City of New York. (Scharfstein, Susan)
May 14, 2015 Filing 8 SUMMONS Returned Executed by Emmanuel Cayemittes. Sophia Carson served on 5/1/2015, answer due 7/20/2015. (Lumer, Michael)
May 14, 2015 Filing 7 SUMMONS Returned Executed by Emmanuel Cayemittes. Hugo Ortega served on 5/1/2015, answer due 7/20/2015. (Lumer, Michael)
May 13, 2015 Filing 6 MOTION for Extension of Time to File Answer by The City of New York. (Scharfstein, Susan)
May 13, 2015 Opinion or Order ELECTRONIC ORDER granting #6 Motion for Extension of Time to Answer. Application granted, on consent. Ordered by Magistrate Judge Roanne L. Mann on 5/13/2015. (Pescatore, Brittney)
April 28, 2015 Filing 5 SUMMONS Returned Executed by Emmanuel Cayemittes. The City of New York served on 4/28/2015, answer due 5/19/2015. (Lumer, Michael)
April 27, 2015 Filing 4 Summons Issued as to Sophia Carson, Hugo Ortega, The City of New York. (Attachments: #1 Summons, #2 Summons) (Davis, Kimberly)
April 27, 2015 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
April 27, 2015 Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
April 27, 2015 Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-7696292 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Emmanuel Cayemittes. (Attachments: #1 Civil Cover Sheet, #2 Summons - NYC, #3 Summons - Ortega, #4 Summons - Carson) (Lumer, Michael)
April 27, 2015 Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Roanne L. Mann. (Davis, Kimberly)

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Defendant: Officer John Doe
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Defendant: John Does 1-2
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Defendant: Det. Hugo Ortega
Represented By: Susan P. Scharfstein
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Defendant: The City of New York
Represented By: Susan P. Scharfstein
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Defendant: Sgt Adan Munoz
Represented By: Walter A. Kretz, Jr.
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Defendant: Sophia Carson
Represented By: Susan P. Scharfstein
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Plaintiff: Emmanuel Cayemittes
Represented By: Michael B. Lumer
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