Babayof v. State of New York et al
| Yaher Israel Babayof |
| City of New York, New York City Police Department and State of New York |
| 1:2012cv06073 |
| December 7, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Roanne L. Mann |
| William F. Kuntz |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
48
ORDER re 47 Letter: If plaintiff has not already done so, he must complete his automatic disclosures and respond to all outstanding discovery demands by June 9, 2014. Discovery is extended, for defendants only, until July 31, 2014. The June 25th in-person settlement conference is adjourned to August 7, 2014 at 10:00 a.m. in Courtroom 13C South. Plaintiff is directed to serve and file an updated report on the status of his state criminal prosecution by July 1, 2014. (See attached Order.) Ordered by Magistrate Judge Roanne L. Mann on 6/2/2014. (Bauermeister, Mischa)
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Filing
33
MEMORANDUM AND ORDER. For the reasons stated in this Court's Memorandum and Order, fact discovery closes next week, on January 23, 2014. The Court will give plaintiff one final opportunity to demonstrate his commitment to diligently prosecuting his claims. Plaintiff is directed to serve defense counsel, by that date, with his Rule 26(a)(1)(A) disclosures (including but not limited to fully completed and executed section 160.50 and medical release authorizations), along with his responses to defendants' document demands. Plaintiff is expressly warned that if he fails to timely and fully comply with this Order, this Court will recommend that the case be dismissed and may also impose other sanctions. The Clerk is requested to enter this Order into the ECF system and to transmit a copy to plaintiff by facsimile and Federal Express. Ordered by Magistrate Judge Roanne L. Mann on 1/13/2014. (Maynard, Pat)
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Filing
11
MEMORANDUM AND ORDER: Plaintiff's claims regarding his 2006 and 2007 arrests are dismissed. His claims regarding the 3/4/2010, 10/10/2010, 1/3/2012, and 2/20/2012 arrests may proceed against the arresting officers. Corporation Counsel is h ereby directed to produce the information specified above regarding the identities and service address of these defendants within 30 days of this Order. No summonses shall issue at this time. A copy of this Order shall be served on the Specia l Litigation Division of the Corporation Counsel. The case is referred to Roanne L. Mann, United States Magistrate Judge, for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. SO ORDERED by Judge William F. Kuntz, II, on 4/11/2013. Copies of this Order sent to pro se Plaintiff & Corporation Counsel via first class mail. (Latka-Mucha, Wieslawa)
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Filing
9
MEMORANDUM AND ORDER: Plaintiff's claims regarding arrests made in 2006 and 2007 are time-barred, unless plaintiff can provide a basis for equitable tolling and identify the defendants involved within thirty (30) days of this Order. Plaintiff� 39;s claim regarding his January 3, 2012 arrest for breaking a window is dismissed without prejudice. Plaintiff shall have thirty (30) days to file a second amended complaint setting forth his claims against each defendant named in the second amende d complaint. For each remaining arrest, plaintiff must proved the date, time and location of the arrest, the name of the police officers involved, if known, and the name of the precinct, if known. Should plaintiff decide to file a second amended comp laint, it must be submitted within thirty days of this Order, be captioned "Second Amended Complaint," and bear the same docket number as this Order. Plaintiff is advised that the second amended complaint will completely replace the origina l complaint and the amended complaint. All further proceedings will be stayed for thirty days or until plaintiff has complied with this Order. If plaintiff fails to comply with this Order within the time allowed, the action shall be dismissed and ju dgment shall enter. If submitted, the second amended complaint will be reviewed for compliance with this Order and for sufficiency under 28 U.S.C. § 1915(e)(2)(B). The Court certifies pursuant to 28 U.S.C. §1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Ordered by Judge William F. Kuntz, II on 2/28/2013. C/M. (Brucella, Michelle)
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Filing
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MEMORANDUM AND ORDER, The Court's 1/9/13 Order dismissing the action without prejudice is VACATED and the Clerk of Court is respectfully requested to restore this action to the Court's docket. Pltff's 2 Motion for Leave to Proceed i n forma pauperis is granted. The complaint against the City of NY, the NYCPD and the State of NY is dismissed. Pltff shall 30 days to file an amended complaint setting forth his claims against each deft named in the amended complaint. Should pltff de cide to file an amended complaint, it must be submitted w/in 30 days of this Order, be captioned "Amended Complaint," and bear the same docket number as this Order. Pltff is advised that the amended complaint will completely replace the ori ginal complaint. All further proceedings will be stayed for 30 days or until pltff has complied with this Order. If pltff fails to comply with this Order w/in the time allowed, the complaint shall be dismissed and judgment shall enter. If submitted, the amended complaint will be reviewed for compliance with this Order and for sufficiency under 28 USC sec. 1915(e)(2)(B). The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal form this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. (Ordered by Judge William F. Kuntz, II on 1/16/2013) c/m (Galeano, Sonia)
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