Newton v. The City of New York et al

Plaintiff: Alan Newton
Defendant: The City of New York, Mario Merola, Robert T. Johnson, Andrea Freund, Various John Does, Various Jane Does, Joanne Newbert, Phillip Galligan, (John Doe) Hartfield, (John Doe) Ryan, (John Doe) Harris, Douglas Leho, William Sean O'Toole, Michael Sheehan, Patrick J. McGuire, (John Doe) Haskins, (Jane Doe) Kiely and Jack Trabitz
 
Case Number: 1:2007cv06211
Filed: July 3, 2007
 
Court: New York Southern District Court
Office: Foley Square Office
County: Kings
Presiding Judge: Shira A. Scheindlin
 
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
July 31, 2009 104 Opinion or Order of the Court OPINION AND ORDER:#97824 For the foregoing reasons, defendants' motion for partial summary judgment is granted. Claims one, two, four, eleven, and twelve are dismissed in their entirety. Claims six, eight, nine, and fifteen are dismissed in part , insofar as they claim harms resulting from investigatory activities. Newton still maintains numerous constitutional and tort claims against both the City and individual defendants concerning the loss of the rape kit after trial. The Clerk of the Court is directed to close this motion (docket no. 49). (Signed by Judge Shira A. Scheindlin on 7/31/2009) (jpo) Modified on 8/3/2009 (eef).
October 13, 2009 105 Opinion or Order of the Court OPINION AND ORDER: For the foregoing reasons, defendants' motion for summary judgment dismissing plaintiff s fourth, sixth, seventh, eighth, and fifteenth causes of action is granted. The City's motion for summary judgment dismissing plaint iffs ninth cause of action is denied. In addition, plaintiffs state-based causes of action against all defendants - claims fourteen and sixteen - remain. If Newton does not withdraw his motions for leave to amend the complaint, without prejudice to r efile, he shall notify the Court in writing by October 19, 2009. Alternatively, if Newton withdraws his motions, he shall do so no later than October 19, 2009. If Newton renews his motion to amend, he shall do so no later than November 2, 2009. Defen dants shall file their opposition to the renewed motion to amend by November 16, 2009 and Newton shall file a reply by November 23, 2009. The Clerk of the Court is directed to close this motion (docket no. 68). (Signed by Judge Shira A. Scheindlin on 10/13/2009) (jfe)
October 13, 2009 106 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER: Therefore, Newton's motion is denied and the June 30, 2009 Order is affirmed. The Clerk of the Court is directed to close this motion (docket no. 98). (Signed by Judge Shira A. Scheindlin on 10/13/2009) (jfe)
November 10, 2009 110 Opinion or Order of the Court ORDER...Accordingly, plaintiff does not meet the standard for reconsideration and plaintiff's request is denied. (Signed by Judge Shira A. Scheindlin on 11/10/09) (cd)
December 22, 2009 128 Opinion or Order of the Court ORDER: It is hereby ordered that defendants are to produce former employees Major, Dundas, and Brandow by January 20,2010. No further extensions will be granted. Defendants are directed to provide plaintiff with sufficient notice prior to producing t hese witnesses and plaintiff is directed to make himself available to take their deposition. Defendants cannot be ordered to produce Higgins, Hackson, or Nathason because defendants cannot produce individuals whom they cannot identify. Plaintiff has been asked repeatedly to produce additional identifying information regarding these individuals. Either plaintiff refuses to do so or none exists. If plaintiff can supply additional identifying information, defendants are directed to produce these i ndividuals as well to the extent such information leads to their identification. That this action has required an inordinate amount of the Court's time to resolve discovery issues demonstrates that the parties are not cooperating as contemplate d by the discovery rules. I This Court will no longer tolerate letters from either side squabbling over discovery issues. Counsel are directed to undertake all reasonable efforts to resolve future discovery disputes in good faith prior to seeking relief from this Court. Any evidence to the contrary will result in sanctions against the culpable party. (Signed by Judge Shira A. Scheindlin on 12/21/2009) (jpo)
January 27, 2010 130 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER re: #98496 114 MOTION for Reconsideration of the court's opinion and order of Oct. 13, 2009. filed by The City of New York, 107 MOTION for Certificate of Appealability and for an order certifying this c ourt's decision and order of Oct. 13, 2009, for interlocutory appeal, pursuant to 28 U.S.C. sec. 1292(b). filed by The City of New York. The Opinion and Order filed October 13, 2009 is hereby withdrawn and replaced with an Amended Opinion an d Order filed January 27, 2010. The October 13, 2009 Opinion and Order is amended as follows: Parts III.E and IV.C are amended in accordance with this Memorandum Opinion and Order. In addition, Parts II.B, C, and E, III.D and F, and IV.A, B, and D we re amended or added, and former Part IV.D. was deleted, to reflect recent developments in this case and Second Circuit law. The Clerk of the Court is directed to withdraw the October 13, 2009 Opinion (Docket no. 105) and close this motion (Docket no. 114). The Clerk of the Court is also directed to close defendants' motion for a certificate of appealability as moot (Docket no. 107). SO ORDERED (Signed by Judge Shira A. Scheindlin on 1/27/2010) (jmi) Modified on 1/28/2010 (ajc).
January 27, 2010 131 Opinion or Order of the Court AMENDED MEMORANDUM OPINION AND ORDER: #97824 For the foregoing reasons, defendants' motion for summary judgment dismissing plaintiffs fourth, sixth, seventh, eighth, and fifteenth causes of action is granted. The City's motion for summary j udgment dismissing plaintiffs ninth cause of action is denied. In addition, plaintiffs state-law claims against all defendants - claims fourteen and sixteen - remain. The Clerk of the Court is directed to close this motion (docket no. 68). A conference is scheduled for February 3, 2010 at 3:00 p.m. in Courtroom l5C. (Signed by Judge Shira A. Scheindlin on 1/27/2010) (jmi) Modified on 1/28/2010 (ajc).
January 27, 2010 132 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER re: #98497 92 SECOND MOTION to Add Party(ies) Alan Newton. filed by Alan Newton, 73 FIRST MOTION to Add Party(ies) Alan Newton. filed by Alan Newton. For the foregoing reasons, Newton's motions for leave to amend the complaint are granted in part and denied in part. Newton also seeks to depose all New Defendants. To the extent those depositions have not yet occurred, Newton's request is granted, but the scope is limited to the remaining claims. The Clerk of the Court is directed to close these motions (Docket nos. 73 and 92). SO ORDERED (Signed by Judge Shira A. Scheindlin on 1/27/2010) (jmi) Modified on 1/28/2010 (ajc).
April 1, 2010 135 Opinion or Order of the Court AMENDED MEMORANDUM OPINION AND ORDER. For the foregoing reasons, Newton's motions for leave to amend the complaint are granted as to Newton's federal claims. Newton also seeks to deposit all New Defendants. The other extent those depositions have not yet occurred, Newton's request is granted, but the scope is limited to the remaining claims. The Clerk of the Court is directed to close these motions (Docket nos. 73 and 92). (Signed by Judge Shira A. Scheindlin on 4/1/10) (djc)
September 14, 2010 190 Opinion or Order of the Court MEMORANDUM AND OPINION re: 145 MOTION to Dismiss and/or Preclude Pursuant to Rule 37(b)(2), for Reconsideration Pursuant to Local Civil Rule 6.3, and to Dismiss all Reinstated Claims Pursuant to Rule 12(c). MOTION to Dismiss and/or Preclude Pursua nt to Rule 37(b)(2), for Reconsideration Pursuant to Local Civil Rule 6.3, and to Dismiss all Reinstated Claims Pursuant to Rule 12(c). filed by The City of New York. For the foregoing reasons, defendants' motion to dismiss the reinstated claims regarding plaintiff s third, sixth, and ninth causes of action is granted. The Clerk of the Court is directed to close this motion (docket no. 145). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/14/2010) (jmi)
September 21, 2010 192 Opinion or Order of the Court OPINION AND ORDER accordingly, plaintiff does not meet the standard for reconsideration, and his request for leave to file a motion for reconsideration is denied. (Signed by Judge Shira A. Scheindlin on 9/20/10) (cd)
October 22, 2010 200 Opinion or Order of the Court OPINION AND ORDER, that for the foregoing reasons, defendants' Rule 50 motion to dismiss plaintiffs negligence claim is granted, and plaintiffs cross-motion is denied. All other Rule 50 motions, made at the close of plaintiffs case, are denied in their entirety. (Signed by Judge Shira A. Scheindlin on 10/22/10) (pl) Modified on 10/22/2010 (pl).
May 12, 2011 217 Opinion or Order of the Court OPINION AND ORDER, re: 207 MOTION to Set Aside Verdict. filed by The City of New York, Patrick J. McGuire, Jack Trabitz. For the foregoing reasons, the City's motion to set aside the verdict is granted in its entirety. The Clerk of the Court is directed to close this motion [Docket No. 207] and this case. (Signed by Judge Shira A. Scheindlin on 5/12/11) (pl)
February 4, 2009 45 Opinion or Order of the Court ORDER: It is hereby ordered that, following a discovery conference on January 22, 2009, depositions shall proceed according to following schedule as set forth herein. ENDORSEMENT: Except that the Court expects counsel to work cooperatively and in goo d faith to resolve any minor disputes regarding the derivative of any of these depositions. In other words, if a deposition limited above to 3 hours can be completed in 3 hours and 10 minutes, the Court does not expect counsel to have to return to the Court to argue about 10 minutes. Counsel should be able to work this out. (Signed by Magistrate Judge Debra C. Freeman on 2/3/2009) (jpo) Modified on 3/1/2009 (jpo).
April 10, 2009 53 Opinion or Order of the Court ORDER: that the memorandum shall be produced in redacted form to protect against the disclosure of such core work product. Moreover, to the extent the document, which was apparently sent to Plaintiff by e-mail, contains counsels legal advice to Plain tiff, such advice should also be redacted, to protect against disclosure of privileged communications. Also before the Court is a request by Plaintiff that Defendant be compelled (1) to produce a copy of defendant Trabitzs file regarding Plaintiffs c laim sufficiently in advance of defendant Trabitzs continued deposition date to enable adequate deposition preparation by Plaintiffs counsel, (2) to produce the original of this file for inspection at the deposition, and (3) to compel Defendants to p roduce a copy of the report that Sergeant O'Connor prepared regarding his investigation into Plaintiffs claim. The first two of these requests are granted. If defendant Trabitz's file has not already been produced, Defendants are directed t o provide it to Plaintiffs counsel at least two business days before the rescheduled deposition, and Defendants are also directed to produce the original file at the deposition. As for Plaintiffs third request, unless the Court hears an objection fro m Defendants by the close of business on April l3, 2009, Defendants shall produce Sergeant O'Connor's report to Plaintiff no later than April 15, 2009. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 4/10/2009) Copies Sent By Chambers.(tve)
June 29, 2009 88 Opinion or Order of the Court ORDER: If any portion of this case survives summary judgment, defendants must file their opposition within two weeks of this Court's decision. Plaintiff will then have one week to file a reply. (Signed by Judge Shira A. Scheindlin on 6/26/2009) (jpo)

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Plaintiff: Alan Newton
Represented By: John Francis Schutty, III
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Defendant: The City of New York
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Defendant: Mario Merola
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Defendant: Robert T. Johnson
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Defendant: Andrea Freund
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Defendant: Various John Does
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Defendant: Various Jane Does
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Defendant: Joanne Newbert
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Defendant: Phillip Galligan
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Defendant: (John Doe) Hartfield
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Defendant: (John Doe) Ryan
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Defendant: (John Doe) Harris
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Defendant: Douglas Leho
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Defendant: William Sean O'Toole
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Defendant: Michael Sheehan
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Defendant: Patrick J. McGuire
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Defendant: (John Doe) Haskins
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Defendant: (Jane Doe) Kiely
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Defendant: Jack Trabitz
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