Paige-El v. Herbert, et al
| Bettie Paige-El |
| City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct, Detective Thomas Donohue, City of New York Police Department 81st Precinct, Police Officer Jarrod Herbert, Police Officer Peter Congalosi, City of New York and New York City Police Department |
| 1:2010cv03773 |
| August 13, 2010 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven Tiscione |
| Sandra L Townes |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2018. A more recent docket listing may be available from PACER.
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Filing 101
MANDATE of USCA as to #100 Notice of Appeal filed by Bettie Paige-El. It is Ordered that the judgment of the District Court is affirmed. See document for further details. Issued as Mandate: 7/6/19. USCA: 17-1284. (McGee, Mary Ann)
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Filing 100
NOTICE OF APPEAL as to #99 Clerk's Judgment, #98 Order on Motion for Summary Judgment, by Bettie Paige-El. Filing fee $ 505.00. Receipt #4653114287. Service done electronically. (McGee, Mary Ann)
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Electronic Index to Record on Appeal sent to US Court of Appeals. #100 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
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Filing 99
CLERK'S JUDGMENT in favor of Defendants and against Plaintiff. Ordered by Clerk of Court, by Deputy Clerk Janet Hamilton, on 3/31/2017. C/M w/Appeals Packet. (Barrett, C)
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Filing 98
MEMORANDUM AND ORDER granting Defendants' #91 Motion for Summary Judgment. Because all of Plaintiff's claims have now been dismissed, the Clerk of Court is directed to enter judgment in favor of Defendants and close the case. Ordered by Judge Sandra L. Townes on 3/30/2017. Copy mailed to pro se Plaintiff. (Barrett, C)
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Case Reassigned to Magistrate Judge Steven L Tiscione. Magistrate Judge Lois Bloom 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. (Brucella, Michelle)
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Filing 97
NOTICE of Appearance by Maria Fernanda DeCastro on behalf of Peter Congalosi, Jarrod Herbert (aty to be noticed) (DeCastro, Maria)
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Filing 96
MEMORANDUM in Support re #91 Notice of MOTION for Summary Judgment filed by Peter Congalosi, Jarrod Herbert. (Telfort, Pernell)
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Filing 95
RULE 56.1 STATEMENT re #91 Notice of MOTION for Summary Judgment filed by Peter Congalosi, Jarrod Herbert. (Telfort, Pernell)
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Filing 94
AFFIDAVIT/DECLARATION in Support re #91 Notice of MOTION for Summary Judgment by Pernell M. Telfort filed by Peter Congalosi, Jarrod Herbert. (Attachments: #1 Exhibit A, #2 Exhibit B) (Telfort, Pernell)
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Filing 93
AFFIDAVIT/DECLARATION in Support re #91 Notice of MOTION for Summary Judgment by Peter Congalosi filed by Peter Congalosi, Jarrod Herbert. (Telfort, Pernell)
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Filing 92
NOTICE by Peter Congalosi, Jarrod Herbert re #91 Notice of MOTION for Summary Judgment (Telfort, Pernell)
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Filing 91
Notice of MOTION for Summary Judgment by Peter Congalosi, Jarrod Herbert. (Telfort, Pernell)
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Filing 90
Letter re Summary Judgment by Peter Congalosi, Jarrod Herbert (Telfort, Pernell)
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Filing 89
COMPLAINANT OPPOSED to Summary Judgment Being Granted to Defendants filed by Bettie Paige-El. (Barrett, C)
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Filing 88
LITIGANT DENIAL to "Defendants" Claim of Being Responsible for the Surveillance, by Bettie Paige-El. (Attachments: #1 Exhibits) Note: there are two additional exhibits that are only available in hard copy; each exhibit is comprised of one page of six color photographs and marked with pointers and handwritten descriptions including "Inside Apartment" and "Outside Door." (Barrett, C)
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ORDER: By letter dated June 5, 2015, defendants request that this Court schedule a pre-motion conference to discuss defendants' anticipated motion for summary judgment. Upon review of the submission, the Court determines that a pre-motion conference would not materially assist the Court. Defendants shall serve their anticipated motion on plaintiff on or before July 10, 2015. Plaintiff shall serve opposition papers, if any, on or before August 7, 2015. Defendants shall serve their reply, if any, and file the fully-briefed motion on or before August 21, 2015. Ordered by Judge Sandra L. Townes on 6/16/2015. (Copy mailed to plaintiff by VF) (Frullo, Veronica) Modified on 6/18/2015 (Frullo, Veronica).
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Filing 87
ORDER: By letter dated 6/5/2015, defendants' counsel requests that plaintiff's deposition be held in abeyance until after motion practice. The Court grants defendants' #86 request. If necessary, defendants' counsel shall be afforded 30 days after defendants' motion has been decided to conduct plaintiff's deposition. SO ORDERED by Magistrate Judge Lois Bloom, on 6/9/2015. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa)
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Filing 86
MOTION for pre motion conference requesting permission to move for summary judgment pursuant to Fed. R. Civ. P. 56 and further requesting that plaintiff's deposition be held in abeyance until after motion practice by Peter Congalosi, Jarrod Herbert. (Attachments: #1 Rule 56.1 Statement) (Silverberg, Steven) (Added MOTION re: Discovery.)
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Filing 85
SUBPOENA In A Civil Case issued as to the New York State Department of Motor Vehicles. SO ORDERED by Magistrate Judge Lois Bloom, on 5/12/2015. (Latka-Mucha, Wieslawa)
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Filing 84
ENDORSED ORDER, granting Defendants' #83 Motion for Leave to Electronically File Document under Seal. SO ORDERED by Magistrate Judge Lois Bloom, on 5/12/2015. (Latka-Mucha, Wieslawa)
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Filing 83
MOTION for Leave to Electronically File Document under Seal by Peter Congalosi, Jarrod Herbert. (Attachments: #1 Proposed So Ordered Subpoena) (Silverberg, Steven)
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Filing 82
ORDER. The Court held a Settlement Conference in this matter on March 26, 2015. The parties were unable to reach a settlement. The Court set June 30, 2015, as the deadline for the parties to complete all discovery. Since June 30, 2015 is the deadline for the completion of all discovery, requests to the opposing party must be served at least thirty (30) days before that deadline. If upon completion of discovery, any party intends to move for summary judgment, they shall write to Judge Townes to request a premotion conference by July 15, 2015, in accordance with her individual rules. (Discovery deadline 6/30/2015. Request for premotion conference due by 7/15/2015.) Ordered by Magistrate Judge Lois Bloom on 3/26/2015. Copy mailed to pro se Plaintiff. (Barrett, C)
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Filing 81
Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Settlement Conference held on 3/26/2015. Recorded. Tick #(s) 11:57 - 12:05; 12:56 - 1:02. Appearances for Plaintiff: Bettie Paige-El, pro se; for Defendants: Steven Silverberg, Assistant Corporation Counsel. (Latka-Mucha, Wieslawa)
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Filing 80
ORDER. The Court shall hold a settlement conference in this matter on March 26, 2015 at 11:30 a.m. in Courtroom 11A South. Plaintiff shall appear for the conference. Defendants' counsel shall have someone with full settlement authority in court or available by phone during the conference. The parties shall continue to engage in good faith efforts to settle the case prior to the conference, and shall fax their confidential settlement statements setting forth the legal and factual basis for their settlement positions and their most recent best faith demands and offers to the Court by noon on March 23, 2015. (Settlement Conference set for 3/26/2015 at 11:30 AM in Courtroom 11A South before Magistrate Judge Lois Bloom.) Ordered by Magistrate Judge Lois Bloom on 2/23/2015. Copy mailed to pro se Plaintiff. (Barrett, C)
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Filing 79
Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Status Conference held on 2/23/2015. Plaintiff Bettie Paige-El. Office of the Corporation Counsel/Steven Silverberg for Defendants. (Tape #2:37-2:48; 3:15-3:21.) (Barrett, C)
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Filing 78
ORDER granting #77 Motion to Adjourn Conference. The Court grants defendants' request and adjourns the February 18, 2015 status conference to February 23, 2015 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse. Plaintiff shall attend the conference on February 23, 2015 at 2:30 p.m. and shall provide the Court with her new contact information. (Status Conference reset for 2/23/2015 at 02:30 PM in Courtroom 11A South before Magistrate Judge Lois Bloom.) Ordered by Magistrate Judge Lois Bloom on 2/9/2015. Copy mailed to pro se Plaintiff. (Barrett, C)
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Filing 77
MOTION to Adjourn Conference currently scheduled for February 18, 2015 at 2:00 p.m. by Peter Congalosi, Jarrod Herbert. (Silverberg, Steven)
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Filing 76
ANSWER to #47 Amended Complaint by Peter Congalosi, Jarrod Herbert. (Attachments: #1 Declaration of Service) (Silverberg, Steven)
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Filing 75
ORDER [TO ANSWER]: Plaintiff's claims against defendants Congalosi and Herbert alleging that she was subject to an unlawful traffic stop shall proceed. Defendants shall file an answer to plaintiff's #47 second amended complaint by 1/29/2015. The Court shall hold a status conference in this matter on 2/18/2015 at 2:00 p.m. in Courtroom 11A South of the United States Courthouse. The parties are encouraged to discuss settlement. SO ORDERED by Magistrate Judge Lois Bloom, on 1/15/2015. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa)
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Filing 74
MEMORANDUM AND ORDER: Defendants' motion to dismiss #66 is granted in part and denied in part. Plaintiff may only proceed with her claim alleging that she was subject to an unlawful traffic stop. Plaintiff's remaining claims are dismissed. Ordered by Judge Sandra L. Townes on 9/30/2014. (Frullo, Veronica)
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Filing 73
RESPONSE in Opposition re #66 Second Motion to Dismiss for Failure to State a Claim filed by Bettie Paige. (Guzzi, Roseann)
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Filing 72
ORDER dated 4/4/14 that plaintiff shall submit any opposition in response to defendants' motion to dismiss on or before April 28, 2014) ( Ordered by Judge Sandra L. Townes on 4/4/2014, rec. in dkt 4/10 ) c/m to pro se plaintiff (Guzzi, Roseann)
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Filing 71
Letter to the Court with courtesy copy of fully-briefed motion, dated December 20, 2012 by Peter Congalosi, Jarrod Herbert (Silverberg, Steven)
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Filing 70
AFFIDAVIT of Service for Defendants' Second Motion to Dismiss the Second Amended Complaint and corresponding documents served on Bettie Paige on November 16, 2012, filed by Peter Congalosi, Jarrod Herbert. (Silverberg, Steven)
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Filing 69
MEMORANDUM in Support re #66 Second Motion to Dismiss for Failure to State a Claim filed by Peter Congalosi, Jarrod Herbert. (Silverberg, Steven)
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Filing 68
AFFIDAVIT/DECLARATION in Support re #66 Second Motion to Dismiss for Failure to State a Claim filed by Peter Congalosi, Jarrod Herbert. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Silverberg, Steven)
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Filing 67
NOTICE by Peter Congalosi, Jarrod Herbert re #66 Second Motion to Dismiss for Failure to State a Claim to pro se litigant pursuant to Local Civil Rule 12.1 (Silverberg, Steven)
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Filing 66
Second Motion to Dismiss for Failure to State a Claim by Peter Congalosi, Jarrod Herbert. (Silverberg, Steven)
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SCHEDULING ORDER: The court is in receipt of Defendants' December 20, 2012 letter indicating that they do not wish to reply to Plaintiff's December 12, 2012 letter. The court notes, however, that despite Defendants' November 16, 2012 letter indicating that they timely served their motion to dismiss on Plaintiff pursuant to the court's November 2, 2012 amended scheduling order, no such motion was ever filed with the court. Accordingly, Defendants are herebyinstructed to file with the court the motion to dismiss served on Plaintiffon November 16, 2012 no later than September 23, 2013. So ordered by Judge Sandra L. Townes on 9/17/2013. (Frullo, Veronica)
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Filing 64
Letter respectfully submitting that defendants' motion be considered fully briefed and respectfully requesting that the Court decide the motion by Peter Congalosi, Jarrod Herbert (Silverberg, Steven)
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Filing 65
Letter dated 12/10/12 from Bettie Paige to Steven M. Silverberg, re: Offer of Negotiation. (Galeano, Sonia)
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Filing 63
Letter to plaintiff accompanying defendants' motion to dismiss the Second Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6), as per Judge Townes' Individual Rules by Peter Congalosi, Jarrod Herbert (Attachments: #1 Declaration of Service) (Silverberg, Steven)
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Filing 62
AMENDED ORDER, the briefing schedule set forth in this Court's order dated October 16, 2012, is amended as follows: Defts to serve their motion to dismiss by November 16, 2012; Pltff to serve their opposition to that motion by December 17, 2012; Defts shall serve their reply, if any, and file the fully briefed motion w/the Court on or before January 4, 2013. Ordered by Judge Sandra L. Townes on 11/2/2012. (Layne, Monique)
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Filing 61
ORDER, granting defts #58 Motion for Pre Motion Conference seeking permission to file a dispositive motion. In light of the parties' submissions, a pre-motion conference will not materially assist the Court. The parties are directed to comply with the following briefing schedule: Defts shall serve their motion by 11/2/12. Pltff shall serve her opposition to that motion by 12/3/12, to which Defts may reply by 12/17/12. The fully briefed motion shall be filed by Defts' counsel by 12/18/12. (Ordered by Judge Sandra L. Townes on 10/16/2012) c/m (Galeano, Sonia)
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Filing 60
SUMMONS Returned Executed by Bettie Paige. Peter Congalosi served on 10/1/2012, answer due 10/22/2012. (Galeano, Sonia)
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Filing 59
SUMMONS Returned Executed by Bettie Paige. Jarrod Herbert served on 10/9/2012, answer due 10/30/2012. (Galeano, Sonia)
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Filing 58
MOTION for pre motion conference re #47 Amended Complaint by Peter Congalosi, Jarrod Herbert. (Silverberg, Steven)
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Filing 57
ORDER, As the docket reflects that service upon the two deft officers was returned unexecuted (ECF#(s) 53-54), the US Marshals Service is hereby directed to re-serve the summons and second amended complaint (ECF#47) on defts Congalosi and Jarrod at the following address, which includes a corrected ZIP Code: NYPD Patrol Bureau Brooklyn North Taskforce, 179 Wilson Avenue, Brooklyn, NY 11237. The Court will schedule another conference when defts respond to the second amended complaint. (Ordered by Magistrate Judge Lois Bloom on 8/17/2012) c/m (Galeano, Sonia)
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Filing 56
Minute Entry: for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 8/17/2012. Tick #(s) 2:01-2:15. (Galeano, Sonia)
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Summons Reissued as to Peter Congalosi and Jarrod Herbert. (Courtesy Copy to Corp. Counsel via regular mail) (Galeano, Sonia)
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Filing 55
AFFIDAVIT OF FACTS - WRIT OF MEMORANDUM, requesting that this case be placed in a higher court, filed by Bettie Paige. (Galeano, Sonia)
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Filing 54
Summons Returned Unexecuted by Bettie Paige as to Jarrod Herbert. (See Remarks noted on attached USMS Envelope) (Galeano, Sonia)
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Filing 53
Summons Returned Unexecuted by Bettie Paige as to Peter Congalosi. (See Remarks noted on USMS Form 285) (Galeano, Sonia)
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Filing 52
ORDER, Although pltff's "Writ Granting Permission" is not sufficient to release her arrest records or comply with this Court's 7/3/12 Order, counsel's #51 Motion to Dismiss is denied without prejudice. The Court shall hold a status conference in this case on 8/16/12 at 2:00 p.m., in Courtroom #11A. The Asst. Corp. Counsel shall bring the required releases to the conference. Pltff shall timely appear at the conference, and if she does not, pltff is warned that the Court will recommend that her case should be dismissed under FRCP 16(f). (Ordered by Magistrate Judge Lois Bloom on 7/30/2012). c/m (Galeano, Sonia)
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Filing 51
MOTION to Dismiss pursuant to Fed. R. Civ. P. 41(b) by City of New York. (Attachments: #1 "Writ Granting Permission" with appropriate redactions) (Silverberg, Steven)
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Filing 50
SUMMONS ISSUED as to Police Officer Peter Congalosi; and Police Officer Jarrod Herbert. (Courtesy Copy sent to Corporation Counsel via first class mail.) (Latka-Mucha, Wieslawa)
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Filing 49
ORDER: The Assistant Corporation Counsel assigned to this case requests that the Court compel plaintiff to fully execute and return a release to unseal her criminal records. Counsel's #48 request is granted. The Assistant Corporation Counsel shall immediately send a new unsealing release to plaintiff. Plaintiff shall fill out the release and send it to defendants' counsel by 7/20/2012. Defendants' counsel shall provide plaintiff with a copy of her criminal records once the records are unsealed. Plaintiff is warned that if she fails to sign a complete release, the records regarding the underlying police action cannot be produced. Counsel also provides the Court with the full names and correct service addresses for defendants Congalosi and Jarrod. The Clerk of Court is hereby directed to amend the caption on the complaint to reflect the full names of these defendants. Although plaintiff originally paid the filing fee to bring this case, to expedite service on defendants, the United States Marshals Service is hereby directed without prepayment of fees to serve the summons and #47 second amended complaint on defendants Congalosi and Jarrod at NYPD Patrol Bureau Brooklyn North Taskforce, 179 Wilson Avenue, Brooklyn, NY 11238. SO ORDERED by Magistrate Judge Lois Bloom, on 7/3/2012. C/mailed to pro se Plaintiff. (Docket sheet updated to reflect defendants' full names on the docket.) (Latka-Mucha, Wieslawa)
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Filing 48
MOTION to Compel fully executed unsealing release and (2) response to the Court's Valentin Order, dated May 25, 2012 (see Docket Entry No. 46) by City of New York. (Silverberg, Steven)
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Filing 46
SCHEDULING ORDER: The Clerk of Court is directed to file the attached second amended complaint as a separate entry on the docket. Only the claims specified by Judge Townes's Memorandum and Order shall proceed. Pltff shall sign a release to unseal her criminal records and send it to defts' counsel by 6/1/12. Pltff shall also send to defts' counsel a copy of the complaint signed by deft Jarrod. Defts' counsel shall provide pltff with a copy of her criminal records once the records are unsealed. Pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam), the Court requests that the Office of the Corporation Counsel provide the full names and correct service addresses for defts Congalosi and Jarrod by 7/9/12. The Office of the Corporation Counsel need not undertake to defend or indemnify these individuals at this juncture. This Order merely provides a means by which pltff may properly serve these defts. (Ordered by Magistrate Judge Lois Bloom on 5/25/2012) c/m (Galeano, Sonia)
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Filing 45
Minute Entry: for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 5/24/2012. Tick #(s) 10:56-11:13. (Galeano, Sonia)
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Filing 47
(Second) AMENDED COMPLAINT against City of New York, Congalosi, Thomas Donohue, Herbert, filed by Bettie Paige. (Galeano, Sonia)
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Filing 44
AFFIDAVIT OF FACTS - WRIT OF MEMORANDUM filed by Bettie Paige. (w/ Exhibits A-B attached) (Galeano, Sonia)
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Filing 43
SCHEDULING ORDER: The Court shall hold a status conference on 5/24/12 at 11:00 a.m., in Courtroom #11A. (Ordered by Magistrate Judge Lois Bloom on 5/3/2012) c/m (Galeano, Sonia)
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Filing 42
MEMORANDUM & ORDER: For the reasons stated above, Defendants' motion to dismiss is granted in part and denied in part. The following claims are hereby dismissed: (i) All claims against the New York City Police Department and the City of New York, (ii) the false arrest claim against P.O. Congalosiand P.O. Jarrod, (iii) the physical surveillance claim against unnamed and unidentified police officers, (iv) the claim for attempted murder against unnamed and unidentified police officers and (v) all claims against unnamed and unidentified individuals. However, the electronic surveillance claim alleged against P.O. Congalosi and P.O. Jarrod may proceed. Leave to replead within thirty (30) days of this Memorandum and Order is granted with respect to the false arrest claim against P.O. Congalosi and P.O. Jarrod and a possible claim based on a traffic stop effected without probable cause. So Ordered by Judge Sandra L. Townes on 3/30/2012. (c/m to pro se) (Lee, Tiffeny)
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Filing 41
AFFIDAVIT/DECLARATION in Opposition re #36 Fully Briefed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bettie Paige. (Silverberg, Steven)
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Filing 40
DECLARATION re #36 Fully Briefed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #37 Notice(Other), #38 Affidavit in Support of Motion, #39 Memorandum in Support, of service on pro se plaintiff by City of New York, City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct, Thomas Donohue, New York City Police Department (Silverberg, Steven)
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Filing 39
MEMORANDUM in Support re #36 Fully Briefed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of New York, City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct, Thomas Donohue, New York City Police Department. (Silverberg, Steven)
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Filing 38
AFFIDAVIT/DECLARATION in Support re #36 Fully Briefed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of New York, City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct, Thomas Donohue, New York City Police Department. (Attachments: #1 Exhibit A, #2 Exhibit B (part 1), #3 Exhibit B (part 2)) (Silverberg, Steven)
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Filing 37
NOTICE by City of New York, City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct, Thomas Donohue, New York City Police Department re #36 Fully Briefed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to pro se plaintiff pursuant to Local Rule 12.1 (Silverberg, Steven)
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Filing 36
Fully Briefed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of New York, City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct, Thomas Donohue, New York City Police Department. (Silverberg, Steven)
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Filing 35
Letter respectfully submitting that defendants' motion be considered fully briefed and respectfully requesting that the Court decide the motion by City of New York, City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct, Thomas Donohue, New York City Police Department (Silverberg, Steven)
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Filing 34
ORDER, Pltff requests that this case be "removed from the hand of Magistrate Judge Lois Bloom," because pltff believes that she "will not receive a fair hearing." (Docket entry #33). Although pltff disagrees with my rulings in this case, she makes no showing that my "impartiality might reasonably be questioned." Judicial rulings alone do not constitute a valid basis for a bias or partiality motion. Accordingly, pltff's motion for my recusal is denied. (Denying #33 Motion for More Definite Statement) Ordered by Magistrate Judge Lois Bloom on 7/19/2011. c/m (Galeano, Sonia)
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Motions terminated: #26 MOTION for pre motion conference re #21 Amended Complaint filed by City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct, Thomas Donohue, City of New York, #25 MOTION for Discovery of documented police report surviellance DVD video, and documented police report of pltff's arrest, filed filed by Bettie Paige. (Ordered by Magistrate Judge Lois Bloom on 5/19/2011) See document #29. (Galeano, Sonia)
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Filing 33
MOTION for Consideration to Reserve Appeal, (w/ Affirmation of Service attached) filed by Bettie Paige. (Galeano, Sonia)
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Motion #32 terminated, docketed incorrectly. (Latka-Mucha, Wieslawa)
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Filing 32
PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS / "MOTION for Reconsideration without prejudice" filed by pro se Bettie Paige, dated 7/11/2011. (Galeano, Sonia) (Modified)
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Filing 31
Letter to plaintiff accompanying defendants' motion to dismiss the amended complaint, as per Judge Townes' Individual Rules by City of New York, Thomas Donohue, New York City Police Department (Silverberg, Steven)
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Filing 30
TRANSCRIPT of Proceedings held on 5/17/11, before Judge Bloom. Court Transcriber FIORE REPORTING AND TRANSCRIPTION SERVICE, Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/15/2011. Redacted Transcript Deadline set for 6/27/2011. Release of Transcript Restriction set for 8/23/2011. (Hong, Loan)
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Filing 29
SCHEDULING ORDER: The Court explained to pltff that defts will be moving to dismiss and set the following briefing schedule: defts shall serve their motion to dismiss by 6/10/11; pltff shall serve her opposition to defts' motion to dismiss on defts' counsel by 7/11/11; and defts shall serve their reply, if any, and electronically file the fully-briefed motion by 8/1/11. Pltff may refer to the Pro Se Manual or call the Pro Se Office at 718-613-2665 for information re: how to oppose a motion. Pltff also requests discovery from defts in this case. However, the Court stays all discovery pending the Court's decision on defts' motion to dismiss. (Ordered by Magistrate Judge Lois Bloom on 5/19/2011) c/m (Galeano, Sonia)
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Filing 28
Minute Entry: for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 5/17/2011. Tick #(s) 2:46-3:04. (Galeano, Sonia)
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Filing 27
Mail Returned as Undeliverable. Mail sent to Bettie Paige, 225 Sterling Place, Brooklyn, NY 11238. Notation on return label: "Return to Sender. Attempted - Not Known. Unable to Forward." (Manuel, Germaine)
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Filing 26
MOTION for pre motion conference re #21 Amended Complaint by City Of New York, City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct, Thomas Donohue. (Silverberg, Steven)
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Filing 24
ORDER, denying as unnecessary pltff's #23 Motion for Extension of Time to File/"prepare the proper Memorandum of Law." Pltff does not need to submit a memorandum of law to the Court at this time. Pltff shall appear for a status conference on 5/17/11 at 2:30 p.m., in Courtroom #11A, as previously directed. (Ordered by Magistrate Judge Lois Bloom on 5/2/2011) c/m (Galeano, Sonia)
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Filing 25
MOTION for Discovery of documented police report surviellance DVD video, and documented police report of pltff's arrest, filed by Bettie Paige. (Galeano, Sonia)
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Filing 23
MOTION for Extension of Time to File /prepare Memorandum of Law (w/ Affirmation of Service attached), filed by Bettie Paige. (Galeano, Sonia)
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Filing 22
ORDER, Pltff need not serve the amended complaint on the individual defts. All defts shall respond to the amended complaint by 5/6/11. Pltff's #19 Motion for Hearing is granted and the Court shall hold a status conference on 5/17/11 at 2:30 p.m. in Courtroiom #11A. (Ordered by Magistrate Judge Lois Bloom on 4/15/2011) c/m (Galeano, Sonia)
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Filing 21
AMENDED COMPLAINT w/ Jury Trial Demanded and Affirmation of Service attached against City Of New York, Congalosi, Thomas Donohue, Herbert Jarrod, New York City Police Department, filed by Bettie Paige. (Galeano, Sonia)
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Filing 20
Mail Returned as Undeliverable. Mail sent to Bettie Paige, 225 Sterling Place, Brooklyn, NY 11238. Notation on return label: "Return to Sender. Insufficient Address. Unable to Forward." (Manuel, Germaine)
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Filing 19
Letter MOTION for a Conference; filed by pro se Bettie Paige, dated "3/3/2011." (Latka-Mucha, Wieslawa)
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Filing 18
NOTICE of Appearance by Steven Mark Silverberg on behalf of City Of New York, City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct (aty to be noticed) (Silverberg, Steven)
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Filing 17
Letter dated 2/17/11 from Bettie Paige to USMJ Bloom, informing Your Honor that during pltff's special appearance on 2/16/11, she was given a document to sign. Pltff states that she was not provided with a copy of such document and now request a copy. (Galeano, Sonia)
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Filing 16
ORDER, The Court grants in part and denies in part defts' motion for a more definite statement pursuant to Rule 12(e). As discussed at the conference, pltff shall file an amended complaint with the Court by 4/4/11 and serve a copy of the amended complaint on defts' counsel. Pltff is reminded that if she intends to pursue a civil rights claim under 42 USC sec. sec. 1983, the amended complaint must name the individuals who violated her civil rights under color of state law. Neither the New York Police Dept. nor any precinct of the NY Police Dept. can be sued under 42 USC sec. 1983. Pltff also cannot assert any claims on behalf of her grandson, Zaire Paige, or any person other than herself. Pltff should refer to the Pro Se Manual and may call the Pro Se Office at 718-613-2665 for information regarding the Court's procedures. (Ordered by Magistrate Judge Lois Bloom on 2/17/2011) c/m (Galeano, Sonia)
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Filing 15
Minute Entry: for proceedings held before Magistrate Judge Lois Bloom:Initial Conference Hearing held on 2/16/2011. Tick #(s) 2:10-2:40. (Galeano, Sonia)
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Filing 13
RESPONSE to Motion re #12 Letter MOTION to Stay filed by City Of New York, City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct. (Patrick, Bradford)
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Filing 14
ORDER: Plaintiff requests that the Court stay this case for three months so that she can "ascertain lost documents pertaining to this case." The Court denies plaintiff's #12 request at this time. However, the Court has scheduled an initial pretrial conference on 2/16/2011 at 2:00 p.m. in Courtroom 11A and plaintiff must appear at the conference. I will do my best to explain the Court's process and procedures to plaintiff at the conference. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 1/28/2011) C/mailed. (Latka-Mucha, Wieslawa)
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Filing 12
Letter(s) MOTION to Stay - until 4/25/2011; filed by pro se Bettie Paige, dated 1/23/2011. (Latka-Mucha, Wieslawa)
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Filing 11
ORDER: Defendants #10 request an Order compelling plaintiff to provide a more definite statement pursuant to Rule 12(e), Fed. R. Civ. P. Although a responsive pleading has not yet been filed, the Court shall hold an initial pretrial conference on 2/16/2011 at 2:00 p.m. in Courtroom 11A of the United States Courthouse. No planning conference pursuant to Rule 26(), Fed. R. Civ. P., shall be required at this time. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 1/14/2011) C/mailed. (Latka-Mucha, Wieslawa)
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Set / Reset Hearing: An Initial Pretrial Conference set for February 16, 2011 at 2:00 p.m. in Courtroom 11A of the United States Courthouse, before Magistrate Judge Lois Bloom. (Latka-Mucha, Wieslawa)
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Filing 10
MOTION for More Definite Statement pursuant to FRCP 12(e) by City Of New York, City of New York Police Department 73rd Precinct, City of New York Police Department 88th Precinct. (Kunz, Morgan)
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Filing 8
Letter dated 12/10/2010 from pro se Bettie Paige to Judge Bloom, re: plaintiff's case and requesting that the Summons Service "be allowed to remain as [it] is." W/Attachments. (Latka-Mucha, Wieslawa)
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Filing 9
Mail Returned as Undeliverable. Mail sent to Bettie Paige, 225 Sterling Place, Brooklyn, NY 11238. (Manuel, Germaine)
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ENDORSED ORDER ON DOCUMENT #6, granting #6 Motion for Extension of Time to Answer. City Of New York answer due 1/3/2011. (Ordered by Magistrate Judge Lois Bloom on 12/1/2010) C/M (Galeano, Sonia)
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Filing 7
SUMMONS Returned Executed by Bettie Paige. City Of New York served on 10/25/2010, answer due 11/15/2010; City of New York Police Department 73rd Precinct served on 10/29/2010, answer due 11/19/2010; City of New York Police Department 88th Precinct served on 10/27/2010, answer due 11/17/2010; Congalosi served on 10/27/2010, answer due 11/17/2010; Thomas Donohue served on 10/27/2010, answer due 11/17/2010; Herbert served on 10/29/2010, answer due 11/19/2010. (Galeano, Sonia)
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Filing 6
MOTION for Extension of Time to File Answer by City Of New York. (Kunz, Morgan)
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Filing 5
ORDER, It is not clear who pltff is writing the 10/22/10 letter to, but pltff characterizes it as a Freedom of Information Act and discovery request. The Court is not subject to the Freedom of Information Act and pltff has not yet served any defts in this action. As stated in the Court's 8/30/10 Order, pltff must serve defts with the summons and complaint by 12/13/10. Once defts respond to the complaint, the Court will hold a conference and pltff may serve her discovery requests on defts. Pltff attaches to her letter a separate request related to case #10-cv-3356. The Clerk of Court is hereby directed to file that request separately under the proper docket number. (Ordered by Magistrate Judge Lois Bloom on 10/27/2010) c/m (Galeano, Sonia)
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Filing 4
Letter dated 10/13/10 from Bettie Paige to Clerk of Court, requesting information re: discovery and seeking that the spelling of pltff's first name be corrected. (Galeano, Sonia)
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Filing 3
ORDER. Both plaintiff and defendants are required to follow the Individual Practices of Magistrate Judge Lois Bloom to whom this case has been assigned for all pretrial purposes. Plaintiff is to provide a copy of this Order and the enclosed rules to defendants along with the summons and complaint. If service is not made upon the defendants by 12/13/10, or plaintiff fails to show good cause why such service has not been effected, it will be recommended that the Court dismiss this action without prejudice. Plaintiff is required to advise the Clerk of Court of any change of address. Ordered by Magistrate Judge Lois Bloom on 8/30/2010. C/M with copy of individual rules. (Manuel, Germaine)
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Filing 2
FILING FEE: $ 350.00, receipt number 4653018680, for Betty Page. Transaction Date: 8/17/10. (Manuel, Germaine)
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Filing 1
COMPLAINT against City of New York Police Department 73rd Precinct, City of New York Police Department 81st Precinct, City of New York Police Department 88th Precinct, (other exhibits in case file), Thomas Donohue, Herbert, Congalosi Disclosure Statement on Civil Cover Sheet completed -no, filed by Bettie Paige. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) Modified on 10/26/2010 (Bowens, Priscilla). Modified on 12/1/2010 (Bowens, Priscilla).
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FILING FEE: $ 350, receipt number 4653018680 (Bowens, Priscilla)
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