Pacheco et al v. The City Of New York , et al
| Michael Pacheco, Jr., Michael Pacheco, Sr. and Stephen Cummings |
| P.O. Besim Pelinku, Police Officer Lee Maldonado, Police Officer Pelinko, Sgt. Steven Riggio, POlice Officer Alexis Castillo, The City of New York, John Doe #1-20, Sgt. John Todaro, Sgt. Felix Concepcion, Detective Edward Patterson, Lieutenant William Davitt and Detective Manuel Sepulveda |
| Michael J Colihan |
| 1:2014cv07581 |
| December 31, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Raymond J Dearie |
| Peggy Kuo |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 29, 2020. A more recent docket listing may be available from PACER.
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ORDER: Pursuant to the Order dated May 5, 2020, the Court orders that $16,666.66 currently held in escrow, plus any interest accrued on that amount, be released to Michael Colihan, Esq. no later than June 18, 2020, and that $4,166.67, plus any interest accrued on that amount, be released to Edward Zaloba, Esq. Ordered by Magistrate Judge Peggy Kuo on 5/29/2020. (Cornelssen, Cornelius)
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| Filing 131 CERTIFICATE OF SERVICE of (Proposed) Judgment and Notice of Entry with Decision and Order by Stephen Cummings, Michael Pacheco, Sr, Michael Pacheco, Jr. (Lee, Tiffeny) |
| Civil Case Terminated pursuant to Order #130 . (Tavarez, Jennifer) |
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Filing 130
ORDER: The motions for attorney's fees at #125 and #129 are granted in part and denied in part. Based on the attached, the Court apportions 80% of the attorneys' fee currently held in escrow to Michael Colihan, Esq. and the remaining 20% to Edward Zaloba, Esq. Ordered by Magistrate Judge Peggy Kuo on 5/4/2020. (Cornelssen, Cornelius)
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ORDER: Attorney Michael Colihan is directed to send one courtesy copy of the materials filed at #128 and #129 to Magistrate Judge Peggy Kuo's chambers by November 18, 2019. The courtesy copy should be printed double-sided and contained in three-ring binder(s) with appropriately labeled tabs. The documents comprising the courtesy copy must be reproductions of the documents as filed on ECF, with the ECF numbering appearing at the top of each page. Each binder spine should specify the case name, docket number, and motion. Ordered by Magistrate Judge Peggy Kuo on 11/8/2019. (Cornelssen, Cornelius)
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ORDER REFERRING MOTION: #129 MOTION for Attorney Fees filed by Michael Colihan. Motion referred to Magistrate Judge Peggy Kuo. So ordered by Judge Raymond J. Dearie on 7/3/2019. (Garcez, Isabela)
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| Filing 129 MOTION for Attorney Fees filed by Michael Colihan. (Attachments: #1 Declaration, #2 Declaration) (Riquelme, Claudia) |
| Filing 128 RESPONSE in Opposition re #125 First MOTION for Attorney Fees filed by Michael J. Colihan. (Attachments: #1 Affidavit in Support) (Riquelme, Claudia) |
| Filing 127 TRANSCRIPT of Proceedings held on June 4, 2019, before Judge Kuo. Court Transcriber: Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/18/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/25/2019. (Rocco, Christine) |
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ORDER REFERRING MOTION: #125 First MOTION for Attorney Fees filed by Michael Pacheco, Sr., Stephen Cummings, Michael Pacheco, Jr. Motion referred to Magistrate Judge Peggy Kuo. So ordered by Judge Raymond J. Dearie on 6/20/2019. (Garcez, Isabela)
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ORDER granting #124 Motion to file under Seal. Plaintiff's counsel Vikrant Pawar is directed to file under seal Exhibit 1 to its motion for attorney's fees, which was submitted to Judge Kuo's Chambers email. (Riquelme, Claudia)
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| Filing 125 First MOTION for Attorney Fees by Stephen Cummings, Michael Pacheco, Sr, Michael Pacheco, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Pawar, Vikrant) |
| Filing 124 First MOTION to Seal Exhibit 1 by Stephen Cummings, Michael Pacheco, Sr, Michael Pacheco, Jr. (Pawar, Vikrant) |
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ORDER granting #122 Motion for Extension of Time to File. The deadline for current plaintiff's counsel Vikrant Pawar's deadline to file the motion referenced in Judge Kuo's Order dated May 31, 2019 is extended to June 17, 2019. The deadline for plaintiff's former counsel Michael Collihan, to file a response is extended to July 3, 2019. Ordered by Magistrate Judge Peggy Kuo on 6/14/2019. (Riquelme, Claudia)
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| Filing 123 Second MOTION for Extension of Time to File Response/Reply as to #122 Second MOTION for Extension of Time to File Response/Reply supplemental by Michael Pacheco, Sr, Michael Pacheco, Jr. (Zaloba, Edward) |
| Filing 122 Second MOTION for Extension of Time to File Response/Reply by Michael Pacheco, Sr, Michael Pacheco, Jr. (Zaloba, Edward) |
| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Telephone Conference held on June 4, 2019. Attorneys Vikrant Pawar and Edward Zaloba appeared on behalf of Plaintiffs. Mr. Michael Colihan was also present. Attorney Elissa Beth Jacobs appeared on behalf of Defendants. The parties were heard on Plaintiffs' counsel's #118 request for the release of funds. The parties agreed that Mr. Colihan's stated expenses, medical lien and payoff of a loan taken by Plaintiff will be disbursed to Mr. Colihan. One third of the remainder will be held in escrow until the Court rules on Mr. Vikrant Pawar's proposed motion regarding attorneys' fees. The remaining amount will be disbursed to Plaintiffs. Mr. Colihan's request for an extension of time to respond to Mr. Pawar's proposed motion was granted. Mr. Colihan's deadline to respond to the proposed motion was extended to June 28, 2019. Defendants indicated that they have no position as to the attorneys' fees dispute and were excused from further proceedings regarding this matter. (FTR Log #12:37-1:04.) (Gonzalez-Munoz, Rossana) |
| Filing 121 REPLY in Opposition to #119 filed by Michael J Colihan. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Riquelme, Claudia) |
| Filing 120 RESPONSE to Motion re #118 First MOTION for Extension of Time to File documents deadline of May 31, 2019 and requesting a separate relief from the Court filed by Michael J Colihan. (Riquelme, Claudia) |
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ORDER: Plaintiff's counsel's #118 request for an extension of time to file any motion regarding Mr. Michael Colihan's claim for attorneys' fees is GRANTED. Plaintiff's counsel must file any motion regarding this matter by June 14, 2019. If Mr. Colihan wants to respond by either asserting a claim of any kind against the recovery in this case or opposing Plaintiffs' counsel's motion, he must do so by June 21, 2019. A Telephone Conference regarding Plaintiff's counsel's #118 request for the release of funds is scheduled for June 4, 2019 at 12:30 p.m. before Magistrate Judge Peggy Kuo. Plaintiff's counsel shall initiate the call, with Mr. Colihan on the line, by calling Chambers at 718-613-2400. Ordered by Magistrate Judge Peggy Kuo on 5/31/2019. (Gonzalez-Munoz, Rossana)
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| Filing 119 REPLY in Support re #118 First MOTION for Extension of Time to File documents deadline of May 31, 2019 and requesting a separate relief from the Court filed by Michael Pacheco, Sr, Michael Pacheco, Jr. (Pawar, Vikrant) |
| Filing 118 First MOTION for Extension of Time to File documents deadline of May 31, 2019 and requesting a separate relief from the Court by Michael Pacheco, Sr, Michael Pacheco, Jr. (Attachments: #1 Exhibit 1) (Pawar, Vikrant) |
| Filing 117 RESPONSE in Opposition re #116 MOTION to Reopen Case filed by Michael Colihan, former counsel to plaintiff. (Riquelme, Claudia) |
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ORDER: Plaintiffs' counsel's #116 Motion to reopen this case to address Mr. Michael Colihan's claim for attorneys' fees is GRANTED. Plaintiff's counsel is directed to file any motion regarding this matter by May 31, 2019. If Mr. Colihan wants to respond by either asserting a claim of any kind against the recovery in this case or opposing Plaintiffs' counsel's motion, he must do so by June 7, 2019. Mr. Colihan is permitted to appear pro se. The Clerk of Court is directed to add Mr. Colihan as a case participant on this case with the email address michaelcolihan@aol.com so that he may be served by email in the future. If Mr. Colihan objects to email service, he must notify the court promptly. Ordered by Magistrate Judge Peggy Kuo on 5/17/2019. (Copy of this order mailed to Mr. Colihan.) (Gonzalez-Munoz, Rossana)
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| Filing 116 MOTION to Reopen Case by Michael Pacheco, Jr, Michael Pacheco, Sr. (Attachments: #1 Exhibit 1) (Pawar, Vikrant) |
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ORDER: Plaintiff is granted leave to file an appropriate motion to reopen this case by April 30, 2019. If Plaintiff's prior counsel, Mr. Michael Colihan, wants to respond to Plaintiff's proposed motion, he must do so by May 10, 2019. Plaintiff must mail copy of this Order, and of his motion, to Mr. Colihan. Ordered by Magistrate Judge Peggy Kuo on 3/28/2019. (Gonzalez-Munoz, Rossana)
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| Filing 115 Letter dated March 21, 2019 from Michael Colihan, Plaintiff's former counsel addressed to Judge Kuo, RE: the division of attorney's fees, among current and former counsel. (Riquelme, Claudia) |
| Filing 114 Letter to Judge Kuo in response to the Court's Order, and in further support of application at Docket Entry #113 by Stephen Cummings, Michael Pacheco, Jr, Michael Pacheco, Sr (Pawar, Vikrant) |
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ORDER: Plaintiff's counsel is directed to file a letter by March 28, 2019, clarifying the controversy before this Court and the remedy sought at #113 . Ordered by Magistrate Judge Peggy Kuo on 3/22/2019. (Gonzalez-Munoz, Rossana)
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| Filing 113 First MOTION to Reopen Case because of plaintiff's prior counsel newly filed petition after case settled by Stephen Cummings, Michael Pacheco, Jr, Michael Pacheco, Sr. (Pawar, Vikrant) |
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Filing 112
ORDER: WHEREAS, the parties have reached a settlement agreement and now desire to resolve the remaining issues raised in this litigation, without further proceedings and without admitting any fault or liability; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that The above-referenced action is hereby dismissed with prejudice; and Notwithstanding the 'dismissal of this action in accordance with this agreement, the District Court shall continue to retain jurisdiction over this action for the purpose of enforcing the terms of the settlement agreement reached between the parties and set forth, in the Stipulation of Settlement executed by the parties in this matter. So Ordered by Judge Raymond J. Dearie on 1/7/2019. (Almonte, Giselle)
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| Filing 111 STIPULATION of Dismissal by The City of New York, RESPONSE TO ORDER TO SHOW CAUSE by The City of New York (Attachments: #1 Proposed Stipulation of Dismissal) (Jacobs, Elissa) |
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ORDER TO SHOW CAUSE: Pursuant to the Order dated December 19, 2018, the parties were directed to file a Stipulation of Dismissal by December 17, 2018. They have failed to do so. By January 9, 2019, the parties must show cause for the failure to comply with the Court's Order and file a Stipulation of Dismissal. Ordered by Magistrate Judge Peggy Kuo on 12/21/2018. (Gonzalez-Munoz, Rossana)
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ORDER: In light of the letter filed at #110 in which the parties indicate that they have reached a settlement, they are directed to file a Stipulation of Dismissal by December 17, 2018. Ordered by Magistrate Judge Peggy Kuo on 11/19/2018. (Riquelme, Claudia)
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| Filing 110 Letter regarding settlement by The City of New York (Jacobs, Elissa) |
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ORDER granting #109 Motion for Extension of Time to File Document. The deadline to file a joint Status Report is extended to November 16, 2018. If the case does not settle, the parties must submit a new proposed discovery schedule. Ordered by Magistrate Judge Peggy Kuo on 11/9/2018. (Riquelme, Claudia)
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| Filing 109 Joint MOTION for Extension of Time to File a status report and discovery plan by The City of New York. (Jacobs, Elissa) |
| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Settlement Conference held on 10/5/2018. Attorneys Edward Zaloba and Vikrant Pawar appeared on behalf of plaintiffs who were also present. Attorney Elissa Beth Jacobs appeared on behalf of defendants. The parties were not able to reach a settlement agreement. They were directed to file a joint status report by November 9, 2018 with a new proposed discovery schedule and raising any discovery disputes. (Riquelme, Claudia) |
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ORDER granting #108 Motion for Extension of Time to File. The deadline for the parties to submit ex parte confidential settlement statements is extended nunc pro tunc to today September 27, 2018. Ordered by Magistrate Judge Peggy Kuo on 9/27/2018. (Riquelme, Claudia)
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| Filing 108 MOTION for Extension of Time to File ex parte settlement statement by The City of New York. (Jacobs, Elissa) |
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ORDER granting #107 Motion to Adjourn Conference. The Settlement Conference scheduled for September 14, 2018 is rescheduled to October 5, 2018 at 2:00 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. The parties must submit ex parte, confidential settlement statements, which must include the last offer and demand, via email to Chambers (Kuo_Chambers@nyed.uscourts.gov) by September 26, 2018. Ordered by Magistrate Judge Peggy Kuo on 8/23/2018. (Moon, Linda)
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| Filing 107 First MOTION to Adjourn Conference (settlement conference) with consent by Michael Pacheco, Jr, Michael Pacheco, Sr. (Pawar, Vikrant) |
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SCHEDULING ORDER: Settlement Conference set for September 14, 2018 at 2:00 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Individual Plaintiffs must be present. A representative of Defendants with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The parties must submit ex parte, confidential settlement statements, which must include the last offer and demand, via email to Chambers (Kuo_Chambers@nyed.uscourts.gov) by September 6, 2018. For further guidance on the required content of the settlement statements, the parties are directed to Judge Kuo's Individual Practice Rules. Ordered by Magistrate Judge Peggy Kuo on 8/1/2018. (Moon, Linda)
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| Filing 106 STATUS REPORT by Stephen Cummings, Michael Pacheco, Jr, Michael Pacheco, Sr (Zaloba, Edward) |
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STATUS REPORT ORDER: The parties are directed to file a joint status report regarding the status of the case by July 31, 2018. Ordered by Magistrate Judge Peggy Kuo on 7/24/2018. (Riquelme, Claudia)
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| Filing 105 NOTICE of Appearance by Vikrant Pawar on behalf of Michael Pacheco, Jr, Michael Pacheco, Sr (aty to be noticed) (Pawar, Vikrant) |
| Filing 104 NOTICE of Appearance by Edward Zaloba on behalf of Stephen Cummings, Michael Pacheco, Jr, Michael Pacheco, Sr (aty to be noticed) (Zaloba, Edward) |
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Filing 103
ORDER STAYING CASE: Request granted. Case stayed for 60 days until July 9, 2018. SO Ordered by Judge Raymond J. Dearie on 5/9/2018. (Ramesar, Thameera)
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| Filing 102 Letter respectfully informing the Court of a decision of the US District Court for the Southern District of New York dated March 26, 2018 by Michael Pacheco, Sr (Colihan, Michael) |
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Filing 101
ORDER re #100 Motion to Seal Document #96 . Application is granted. Docket No. 96 sealed. SO Ordered by Judge Raymond J. Dearie on 3/29/2018. (Tavarez, Jennifer)
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ORDER granting #95 Motion for Discovery. Plaintiffs' request to compel Defendants to identify all recordings it seeks to use in this action by dates, times, and lengths, and produce such recordings is granted. Defendants' counsel is permitted to listen to the recorded phone calls between Plaintiff Cummings and his two co-Plaintiffs in order to determine whether any information contained in the recordings is relevant or discoverable. Ordered by Magistrate Judge Peggy Kuo on 3/27/2018. (Moon, Linda)
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| Filing 100 MOTION to Seal Document #96 Response in Opposition to Motion, by The City of New York. (Jacobs, Elissa) |
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Filing 99
ORDER: #92 Second MOTION for Leave to Electronically File Document under Seal; GRANTED. Magistrate Judge Kuo's ruling will not be disturbed.; Plaintiff's motion DENIED. SO Ordered by Judge Raymond J. Dearie on 3/20/2018. (Ramesar, Thameera)
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| Filing 98 RESPONSE in Opposition re #95 First MOTION for Discovery of certain recorded conversations alleged to have taken place between the plaintiffs filed by The City of New York. (Jacobs, Elissa) |
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ORDER granting #97 Motion for Extension of Time to Complete Discovery. The deadline to complete discovery is extended to June 11, 2018. The parties must certify the close of discovery, via ECF, by June 13, 2018. Ordered by Magistrate Judge Peggy Kuo on 3/14/2018. (Riquelme, Claudia)
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| Filing 97 STATUS REPORT containing proposed scheduling order by The City of New York (Jacobs, Elissa) Modified on 3/14/2018 to reflect that this is a motion of extension of time to complete discovery. (Riquelme, Claudia). |
| Filing 96 RESPONSE in Opposition re #92 Second MOTION for Leave to Electronically File Document under Seal in the form of a application under Rule 72 of the Federal Rules of Civil Procedure filed by The City of New York. (Attachments: #1 Exhibit A: Transcript) (Jacobs, Elissa) |
| Filing 95 First MOTION for Discovery of certain recorded conversations alleged to have taken place between the plaintiffs by Michael Pacheco, Sr. (Colihan, Michael) |
| Filing 94 TRANSCRIPT of Proceedings held on February 23, 2018, before Judge Kuo. Court Transcriber: Fiore Reporting and Transcription Service Inc, 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/29/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/6/2018. (Rocco, Christine) |
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ORDER granting #93 Motion for Extension of Time to File. The deadline for Plaintiffs' motion to seek and obtain jailhouse phone recordings of Plaintiff Cummings's phone calls, is extended to March 8, 2018. Defendants' response is extended to March 17, 2018. The deadline of March 13, 2018 for the parties to file a revised joint scheduling order remains in place. Ordered by Magistrate Judge Peggy Kuo on 3/2/2018. (Riquelme, Claudia)
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| Filing 93 First MOTION for Extension of Time to File a motion regarding recording of certain conversations of the plaintiffs by Michael Pacheco, Sr. (Colihan, Michael) |
| Filing 92 Second MOTION for Leave to Electronically File Document under Seal in the form of a application under Rule 72 of the Federal Rules of Civil Procedure by Michael Pacheco, Sr. (Attachments: #1 Exhibit Letter motion to be filed under seal) (Colihan, Michael) |
| Minute Order for proceedings held before Magistrate Judge Peggy Kuo. Motion Hearing by telephone held on 2/23/2018. Attorney Michael Colihan for Plaintiffs. Attorney Elissa Jacobs for Defendants. For the reasons stated on the record, Plaintiffs' #90 Motion to Seal documents is denied. Plaintiffs counsel informed the Court of Plaintiffs' anticipated motion to seek and obtain jailhouse phone recordings of Plaintiff Cummings's phone calls. Such a request should provide legal authorities for Plaintiffs' position and must be made by March 1, 2018. Defendants' response shall be filed by March 12, 2018. The parties shall file a revised joint scheduling order setting forth all remaining discovery deadlines by March 13, 2018. (FTR Log #11:04-11:27.) (Moon, Linda) Modified on 3/1/2018 to reflect the correct date of the hearing (Moon, Linda). |
| Filing 91 REPLY in Opposition re #90 First MOTION to Seal Document filed by The City of New York. (Attachments: #1 Response to plaintiffs' request for discovery) (Jacobs, Elissa) |
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SCHEDULING ORDER: Telephone Conference set for February 23, 2018 at 11:00 AM before Magistrate Judge Peggy Kuo. Plaintiffs' counsel shall initiate the call, with Defendants' counsel on the line, by calling Chambers at 718-613-2400. Ordered by Magistrate Judge Peggy Kuo on 2/20/2018. (Riquelme, Claudia) Modified on 2/23/2018 to relfect that this conference will be held by telephone (Riquelme, Claudia).
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| Filing 90 First MOTION to Seal Document by Michael Pacheco, Sr. (Attachments: #1 Exhibit Motion respectfully requested to be filed under seal) (Colihan, Michael) |
| Filing 89 Letter respectfully advising the Court that there is a latter action with the same subject matter by Stephen Cummings (Attachments: #1 Exhibit) (Colihan, Michael) |
| Minute Order for proceedings held before Magistrate Judge Peggy Kuo. Discovery Conference by telephone held on 11/21/2017. Attorney Michael Colihan for Plaintiffs. Attorney Elissa Jacobs for Defendants. The parties were heard on two disputes that arose during the deposition of Plaintiff Pacheco, Sr. Both disputes have been resolved.(FTR Log #11:55-12:10.) (Moon, Linda) |
| Filing 88 Letter apologizing to the Court for filing a motion response in an unauthorized way by Michael Pacheco, Sr (Colihan, Michael) |
| Filing 87 RESPONSE to Motion re #86 MOTION for Discovery order regarding the order of depositions filed by Michael Pacheco, Sr. (Attachments: #1 Exhibit NYS Supreme Court records regarding plaintiff Stephen Cummings, #2 Exhibit Selected Portion of NYPD Patrol Guide) (Colihan, Michael) |
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SCHEDULING ORDER: Telephone Conference set for November 9, 2017 at 02:30 PM before Magistrate Judge Peggy Kuo. Defendants counsel to initiate the call and dial Chambers at (718)613-2400. Ordered by Magistrate Judge Peggy Kuo on 11/6/2017. (Moon, Linda)
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ORDER: Chambers received via email Plaintiff's Opposition to Defendant's motion for discovery filed at #86 . The Court notes that this is an improper method of filing an Opposition. Pursuant to Federal Rule of Civil Procedure 5.2(d) plaintiff's counsel is directed to file a motion on ECF for leave to file under seal those portions of the filing that should be redacted on the public docket. Specific instructions are on the Court's website. Ordered by Magistrate Judge Peggy Kuo on 11/3/2017. (Riquelme, Claudia)
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ORDER: Any response to Defendant's #86 Motion shall be filed by November 2, 2017. Ordered by Magistrate Judge Peggy Kuo on 10/31/2017. (Moon, Linda)
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| Filing 86 MOTION for Discovery order regarding the order of depositions by Alexis Castillo, Felix Concepcion, William Davitt, Lee Maldonado, Edward Patterson, Besim Pelinku, Steven Riggio, Manuel Sepulveda, The City of New York. (Attachments: #1 Affidavit) (Jacobs, Elissa) |
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ORDER granting #84 Motion for Extension of Time to Complete Discovery. The parties' request to complete depositions is extended to November 24, 2017. Ordered by Magistrate Judge Peggy Kuo on 10/11/2017. (Riquelme, Claudia)
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| Filing 84 MOTION for Extension of Time to Complete Discovery by The City of New York. (Jacobs, Elissa) |
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PROTECTIVE ORDER: The #83 proposed protective order by stipulation is approved and so ordered. Ordered by Magistrate Judge Peggy Kuo on 10/6/2017.(Moon, Linda)
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| Filing 83 STIPULATION of Confidentiality by The City of New York (Jacobs, Elissa) |
| Minute Order for proceedings held before Magistrate Judge Peggy Kuo. Status Conference held by telephone on 8/7/2017. Attorney Michael Colihan for Plaintiffs. Attorney Elissa Jacobs for Defendants. The motion for an extension of time to complete discovery #82 is granted. The deadline for the conclusion of all fact discovery is extended to October 10, 2017, nunc pro tunc. The parties must jointly certify by that date that discovery is concluded. The deadline to request a pre-motion conference before the District Judge on any dispositive motion is extended to October 20, 2017. Defendants are directed to notice the depositions of Plaintiffs as soon as possible. (Tape #2:31-2:41.) (Feldman, Shira) |
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SCHEDULING ORDER: A Status Conference is scheduled for August 7, 2017 at 2:30 p.m. by telephone before Magistrate Judge Peggy Kuo. Defense counsel is to initiate the call by bringing Plaintiffs' counsel onto the line and then dialing Chambers (718.613.2400). Ordered by Magistrate Judge Peggy Kuo on 8/2/2017. (Feldman, Shira)
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| Filing 82 MOTION for Extension of Time to Complete Discovery filed on behalf of plaintiff's counsel by The City of New York. (Jacobs, Elissa) |
| Filing 81 STATUS REPORT by The City of New York (Jacobs, Elissa) |
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STATUS REPORT ORDER: The parties have failed to file the Status Report due by June 2, 2017. They are ordered to file a joint Status Report no later than July 7, 2017. Ordered by Magistrate Judge Peggy Kuo on 6/29/2017. (Feldman, Shira)
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| Filing 80 Letter apologizing to the Court for not submitting the Joint Status Letter on time. by Michael Pacheco, Sr (Colihan, Michael) |
| Filing 79 ANSWER to #42 Amended Complaint by Alexis Castillo, Felix Concepcion, William Davitt, Lee Maldonado, Edward Patterson, Besim Pelinku, Steven Riggio, Manuel Sepulveda, The City of New York, John Todaro. (Jacobs, Elissa) |
| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Status Conference held on 2/10/2017. Attorney Michael Colihan for Plaintiffs. Attorney Elissa Beth Jacobs for Defendants. The time to answer the Third Amended Complaint is extended to February 17, 2017, nunc pro tunc. Plaintiffs are directed to notice the deposition of the individual, as well as the other remaining depositions they wish to conduct. Defendants are directed to notice the depositions of Plaintiffs. The parties are then to agree upon dates for the depositions. The deadline to finish all depositions is July 28, 2017. Any briefing regarding the deposition of the individual, as well as the deposition itself, should it go forward, must be completed by July 28, 2017. The deadline to request a pre-motion conference before the District Judge on any dispositive motion is August 11, 2017. If no pre-motion conference is requested, the Joint Proposed Pretrial Order is due by September 8, 2017. The parties are to jointly file a Status Report regarding the progress of discovery by June 2, 2017. (Tape #2:02-2:21.) (Feldman, Shira) |
| Filing 78 MOTION to Adjourn Conference by Felix Concepcion, Besim Pelinku, The City of New York. (Jacobs, Elissa) |
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ORDER granting #78 Motion to Adjourn Conference. The Settlement Conference scheduled for February 10, 2017, is converted to a Status Conference on February 10, 2017 at 2:00 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 2/8/2017. (Feldman, Shira)
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| Filing 77 MOTION to Adjourn Conference by Felix Concepcion, Besim Pelinku. (Jacobs, Elissa) |
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ORDER denying #77 Motion to Adjourn Conference, with leave to re-file. Pursuant to Judge Kuo's Individual Practice Rules, Section III(C)(2)(c), requests for adjournment are required to state whether all parties consent to the request. Ordered by Magistrate Judge Peggy Kuo on 2/3/2017. (Feldman, Shira)
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| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Status Conference held on 12/19/2016. Attorney Michael Colihan for Plaintiffs. Attorney Elissa Jacobs for Defendants. The parties provided an overview of the case, including a status update. A Settlement Conference is scheduled for February 10, 2017 at 2:00 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Confidential ex parte settlement statements, which must include the last offer and demand, are due via e-mail to Chambers by February 3, 2017. For further guidance on the contents of the statements and where to send them, the parties are directed to Magistrate Judge Kuo's Individual Practice Rules. Plaintiffs' counsel will mail to Chambers in advance of the conference a disc with the video of the incident. Any discovery deadline currently in place is lifted until after the Settlement Conference; if a settlement is not reached, new discovery deadlines will be set at the end of the Settlement Conference. (Tape #12:04-12:22.) (Feldman, Shira) |
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SCHEDULING ORDER: A Status Conference is scheduled for December 19, 2016 at 12:00 PM in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 11/29/2016. (Riquelme, Claudia)
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| Case Reassigned to Magistrate Judge Peggy Kuo. Magistrate Judge Marilyn D. Go 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. (Marziliano, August) |
| Filing 76 Letter regarding status report as directed by the Court by Michael Pacheco, Sr (Colihan, Michael) |
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STATUS REPORT ORDER: The parties must file a status report regarding settlement by 11/10/2016. Ordered by Magistrate Judge Marilyn D. Go on 10/27/2016. (Hugh, Lewis)
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| Minute Entry for proceedings held on 10/13/2016 before Magistrate Judge Marilyn D. Go: Appearances by telephone by M. Colihan for plaintiffs; E. Jacobs for defendants. The parties should promptly schedule the remaining depositions and discovery is extended to 1/10/2017. The parties must submit a status report by 10/27/2016 regarding the status of settlement and are encouraged to call chambers to schedule an earlier settlement conference if the parties think it would be useful. FTR/C: 11:01-11:09 (Moo-Young, Jillian) |
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ORDER: After plaintiffs filed a #71 motion for leave to file a Fourth Amended Complaint, this Court filed orders on 11/10/2015 and 12/18/2015 directing plaintiffs to file a proposed amended complaint that specifically identifies which defendants are being sued under each claim. As noted at prior conferences, there are multiple plaintiffs and defendants, but each plaintiff did not have interaction with every defendant. Because plaintiffs have failed to supplement their motion and their proposed pleading lacks sufficient specificity regarding which claims are being raised against which defendants, the #71 motion for leave to file a Fourth Amended Complaint is denied. See Denny v. Barber, 576 F.2d 465, 471 (2d Cir. 1971) (where plaintiff is on notice of deficiencies in complaint at time of first amendment, it is not entitled to a third go-around.); see also Iwachiw v. NYC Bd. of Elections, 273 F.Supp.2d 224, 227 (E.D.N.Y. 2003) (finding that because the Court has given the plaintiff an opportunity to amend his complaint, and he has again failed to comply with Rule 8, the amended complaint is dismissed with prejudice). Accordingly, this action will proceed on the basis of the #42 Third Amended Complaint, which, although also lacking in specificity, was filed with the consent of defendants. A status conference will be held on 10/13/2016 at 11:00 a.m. (by tel.). Ordered by Magistrate Judge Marilyn D. Go on 9/28/2016. (Moo-Young, Jillian)
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| Minute Entry for proceedings held on 2/19/2016 before Magistrate Judge Marilyn D. Go: Appearances by telephone by M. Colihan for plaintiffs; E. Jacobs for defendants. Hearing held during the deposition of Sgt. Concepcion and rulings made. The defendants are directed to produce a redacted copy of the transcript of the recording in question to counsel for plaintiffs, who shall maintain the confidentiality of the transcript for "attorneys eyes only" and may not disclose the transcript to any other person, including his clients. Defendants may make redactions of statements which may suggest the identities of persons connected with the recording and must produce the transcript to plaintiff's counsel by 3/16/2016. If plaintiffs dispute the redactions made or seeks other relief, plaintiffs may file a motion, attaching the transcript and the questions to which defense counsel had objected. The parties are given leave to file the transcript under seal. FTR/C: 2:09-2:14, 2:15-2:24 (sealed), 2:24-2:29 (Moo-Young, Jillian) |
| Filing 75 RESPONSE in Opposition re #71 First MOTION to Amend/Correct/Supplement #42 Amended Complaint filed by Alexis Castillo, Felix Concepcion, William Davitt, Lee Maldonado, Besim Pelinku, The City of New York. (Jacobs, Elissa) |
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ORDER granting in part and denying in part the #74 motion. Defendants' motion for an extension of time to respond to the #71 motion to amend is granted and defendants' time to respond is extended to 1/8/2016. The Court has previously commented on the lack of specificity of the proposed amended complaint, and by 12/29/2015, plaintiff must file a letter specifying each claim by title and which defendants are being sued under each claim, since plaintiff must have a good faith basis for asserting each claim against a given defendant. Ordered by Magistrate Judge Marilyn D. Go on 12/18/2015. (Moo-Young, Jillian)
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| Filing 74 MOTION to Strike #71 First MOTION to Amend/Correct/Supplement #42 Amended Complaint , MOTION for Extension of Time to File Response/Reply as to #71 First MOTION to Amend/Correct/Supplement #42 Amended Complaint by The City of New York. (Jacobs, Elissa) |
| Filing 73 AFFIDAVIT/DECLARATION in Support re #71 First MOTION to Amend/Correct/Supplement #42 Amended Complaint filed by Michael Pacheco, Sr. (Attachments: #1 Exhibit Proposed Amended Complaint) (Colihan, Michael) |
| Filing 72 MEMORANDUM in Support re #71 First MOTION to Amend/Correct/Supplement #42 Amended Complaint filed by Michael Pacheco, Sr. (Colihan, Michael) |
| Filing 71 First MOTION to Amend/Correct/Supplement #42 Amended Complaint by Michael Pacheco, Sr. (Colihan, Michael) |
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SCHEDULING ORDER: Plaintiff is directed to supplement the #71 motion to amend by 11/12/2015 by filing a copy of the proposed Fourth Amended Complaint, which must identify which defendants are being sued under each claim. Ordered by Magistrate Judge Marilyn D. Go on 11/10/2015. (Moo-Young, Jillian)
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| Minute Order for proceedings held on 10/26/2015 before Magistrate Judge Marilyn D. Go: Appearances by telephone by M. Colihan for plaintiffs; E. Jacobs for defendants. As discussed on the record, plaintiff's #70 motion to amend is denied without prejudice to renewal after conferring with opposing counsel. Absent consent, plaintiff's motion for leave to amend must be filed by 11/6/2015 and defendants' response must be filed by 11/13/2015. Discussion held regarding the issues raised in the #68 status report and the need for the parties to confer and ensure that requests are relevant to the claims raised. The parties are encouraged to engage in settlement discussions promptly, and may call chambers to schedule a settlement conference if they think it would be useful. FTR/C: 12:02-12:11 (Moo-Young, Jillian) |
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SCHEDULING ORDER: A conference will be held on 10/26/2015 at 12:00 p.m. (by tel.). Ordered by Magistrate Judge Marilyn D. Go on 10/20/2015. (Moo-Young, Jillian)
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| Filing 70 Fourth MOTION to Amend/Correct/Supplement the complaint by Michael Pacheco, Sr. (Attachments: #1 Exhibit Proposed 4th Amended complaint) (Colihan, Michael) |
| Filing 69 STATUS REPORT and explination as to why the plaintiff has not yet made a demand because of missing discovery by Michael Pacheco, Sr (Colihan, Michael) |
| Filing 68 STATUS REPORT regarding identification of officers by The City of New York (Jacobs, Elissa) |
| Minute Order for proceedings held on 9/18/2015 before Magistrate Judge Marilyn D. Go: Appearances by M. Colihan for plaintiffs; E. Jacobs for the City defendant. Hearing held on plaintiffs' #57 #58 motions to compel and defendant's #60 motion for a protective order. The #58 motion to compel is granted in part as follows: the City defendant must promptly provide an index of disciplinary charges of the officers, and must take measures, as discussed, to identify the remaining unidentified officers in the video. Disclosures must be supplemented promptly. Defendants must file a status report by 10/19/2015 on progress in identifying the remaining officers. After discussion, plaintiffs withdraw their #57 motion, and, correspondingly, the motion for a protective order is deemed moot, in light of said withdrawal, but the #60 motion to seal is granted. The prior scheduling order is extended as follows: fact discovery must be completed by 2/4/2016; any motion for leave to amend a pleading and/or join new parties must be filed by letter application by 11/19/2015 and must indicate whether there is consent. The parties must file a status report by 10/29/2015 regarding progress in settlement discussions and setting forth a proposed schedule for medical expert discovery.FTR: 2:57-3:09, 3:09-3:18 (sealed); 3:18-3:32 (Moo-Young, Jillian) |
| Filing 67 Letter in compliance with the most recent Order of the Court by Michael Pacheco, Sr (Attachments: #1 Exhibit Plaintiff's Interrogatories & Document Requests that are the Subject of this Letter) (Colihan, Michael) |
| Filing 66 SUMMONS Returned Executed by Michael Pacheco, Sr. Lee Maldonado served on 9/9/2015, answer due 9/30/2015. (Colihan, Michael) |
| Filing 65 SUMMONS Returned Executed by Michael Pacheco, Sr. Alexis Castillo served on 9/9/2015, answer due 9/30/2015. (Colihan, Michael) |
| Filing 64 SUMMONS Returned Executed by Michael Pacheco, Sr. William Davitt served on 9/9/2015, answer due 9/30/2015. (Colihan, Michael) |
| Filing 62 SUMMONS Returned Executed by Michael Pacheco, Sr. John Todaro served on 8/25/2015, answer due 9/15/2015. (Colihan, Michael) |
| Filing 61 SUMMONS Returned Executed by Michael Pacheco, Sr. Manuel Sepulveda served on 8/25/2015, answer due 9/15/2015. (Colihan, Michael) |
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ORDER: Plaintiffs must supplement by 9/15/2015 their #57 #58 motions by expressly identifying the document requests and responses at issue, in accordance with Local Civil Rule 37.1. Because it is not clear if plaintiffs were served with the cover letter attached to defendants' response to the #57 motion, which was filed under seal, defense counsel must provide a copy of the cover letter to plaintiffs' counsel (which indicated her intention to serve it on plaintiffs), if she has not already done so. To the extent that defendants seek to invoke the law enforcement privilege in their response to the #57 motion, they must file a supporting affidavit or declaration by 9/15/2015. See Dorsett v. County of Nassau , 762 F. Supp. 2d 500, 532 (E.D.N.Y. 2011) (government must present competent declarations to meet its burden of making a substantial threshold showing). Defendants are granted leave to do so under seal, but should publicly file the affidavit and declaration with appropriate redactions. The conference set for 9/11/2015 at 2:30 p.m. is adjourned to 9/18/2015 at 2:30 p.m. Ordered by Magistrate Judge Marilyn D. Go on 9/9/2015. (Moo-Young, Jillian)
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| Filing 60 MOTION for Protective Order regarding audio recording, MOTION for Leave to Electronically File Document Ex Parte , MOTION for Leave to Electronically File Document under Seal by Felix Concepcion, Besim Pelinku, The City of New York. (Attachments: #1 Memorandum in Opposition) (Jacobs, Elissa) |
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SCHEDULING ORDER: Defendants' letter request #59 for an extension of time to 8/31/15 to respond to plaintiff's #57 MOTION for Discovery of an Audiotape is granted. Plaintiff's reply, if any, to this and plaintiff's #58 MOTION for Discovery of disciplinary material must be filed by 9/4/214. The motions will be heard on Sept. 11, 2015 at 2:30 p.m. Ordered by Magistrate Judge Marilyn D. Go on 8/30/2015. (Go, Marilyn)
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| Filing 59 REPLY to Response to Motion re #57 First MOTION for Discovery of an Audiotape relating to the incident, #58 First MOTION for Discovery concerning disciplinary material and request for an extension of time to reply filed by Felix Concepcion, Besim Pelinku. (Jacobs, Elissa) |
| Filing 58 First MOTION for Discovery concerning disciplinary material by Michael Pacheco, Sr. (Colihan, Michael) |
| Filing 57 First MOTION for Discovery of an Audiotape relating to the incident by Michael Pacheco, Sr. (Colihan, Michael) |
| Filing 56 Summons Issued as to John Todaro. (Chee, Alvin) |
| Filing 55 Summons Issued as to Steven Riggio. (Chee, Alvin) |
| Filing 54 Summons Issued as to Manuel Sepulveda. (Chee, Alvin) |
| Filing 53 Proposed Summons. Re #42 Amended Complaint by Michael Pacheco, Sr (Attachments: #1 Supplement Full caption of this Action) (Colihan, Michael) |
| Filing 52 Proposed Summons. Re #42 Amended Complaint by Michael Pacheco, Sr (Attachments: #1 Supplement Full Caption of this Action) (Colihan, Michael) |
| Filing 50 Proposed Summons. Re #42 Amended Complaint by Michael Pacheco, Sr (Attachments: #1 Supplement Full caption of this action) (Colihan, Michael) |
| Filing 49 Proposed Summons. Re #42 Amended Complaint by Michael Pacheco, Sr (Attachments: #1 Supplement Full caption of this Action) (Colihan, Michael) |
| Filing 48 Summons Issued as to Alexis Castillo. (Chee, Alvin) |
| Filing 47 Summons Issued as to Lee Maldonado. (Chee, Alvin) |
| Filing 46 Summons Issued as to William Davitt. (Chee, Alvin) |
| Filing 45 Proposed Summons. Re #42 Amended Complaint by Michael Pacheco, Sr (Colihan, Michael) |
| Filing 44 Proposed Summons. Re #42 Amended Complaint by Michael Pacheco, Sr (Colihan, Michael) |
| Filing 43 Proposed Summons. Re #42 Amended Complaint by Michael Pacheco, Sr (Colihan, Michael) |
| (Colihan, Michael) |
| Filing 42 AMENDED COMPLAINT -Third- against Pelinko, Besim Pelinku, The City of New York, William Davitt, Lee Maldonado, Steven Riggio, Edward Patterson, Alexis Castillo, Manuel Sepulveda, John Todaro, filed by Michael Pacheco, Sr. (Colihan, Michael) |
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Filing 41
PROTECTIVE ORDER: The #39 proposed protective order is approved and so ordered, subject to the modifications set forth in the attached order. Ordered by Magistrate Judge Marilyn D. Go on 7/20/2015. (Attachments: #1 Proposed Protective Order) (Moo-Young, Jillian)
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ORDER granting #37 Motion to Amend/Correct/Supplement. Plaintiffs must file Third Amended Complaint by 7/24/2015. Ordered by Magistrate Judge Marilyn D. Go on 7/20/2015. (Moo-Young, Jillian)
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| Filing 40 STATUS REPORT by Felix Concepcion, Besim Pelinku, The City of New York (Jacobs, Elissa) |
| Filing 39 STIPULATION of Confidentiality by The City of New York (Jacobs, Elissa) |
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SCHEDULING ORDER: Defendants must file a response by 6/30/2015 indicating whether they oppose the extension of time previously granted for plaintiff to file the amended complaint, in light of the additional claim asserted in the proposed amended complaint with respect to Michael Pacheco, Sr. Ordered by Magistrate Judge Marilyn D. Go on 6/26/2015. (Moo-Young, Jillian)
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| Filing 38 First MOTION for Discovery regarding the files of the New York City Police Department's Internal Affairs Bureau and Civilian Complaint Review Board on the individual defendants by Michael Pacheco, Sr. (Colihan, Michael) |
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ORDER: The #38 Motion for Discovery is denied without prejudice for failure to comply with this Court's Local Civil Rule 37.3(a) and Federal Rule of Civil Procedure 37(a)(1). The parties are reminded that must make a good faith effort to resolve any discovery dispute prior to seeking a judicial resolution. Ordered by Magistrate Judge Marilyn D. Go on 6/25/2015. (Moo-Young, Jillian)
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| Filing 37 First MOTION to Amend/Correct/Supplement the complaint by Michael Pacheco, Sr. (Attachments: #1 Exhibit Proposed 3rd Amended Complaint) (Colihan, Michael) |
| Minute Order for proceedings held on 5/8/2015 before Magistrate Judge Marilyn D. Go: Appearances by telephone by M. Colihan for plaintiffs; E. Jacobs for defendants. As discussed on the record, plaintiff's motion for disclosure #34 is denied without prejudice as premature. Schedule established pursuant to Fed. R. Civ. P. 16(b) as follows: (1) automatic disclosures are complete; (2) plaintiffs' #36 motion for leave to amend is denied in the interest of efficiency in light of the fact that not all of the officers have been identified, see Fed. R. Civ. P. 1, but plaintiff is granted leave, on consent, to file an amended complaint by6/15/2015 to include the other officers on the scene after they have been identified; (3) fact discovery must be completed by12/4/2015; (4) medical expert report(s) and disclosures served by plaintiff by 11/4/2015 and by defendants by 12/4/2015. If any expert(s) is a treating physician, plaintiff must provide the information required by Fed. R. Civ. P. 26(a)(2)(C) and disclose that experts qualifications and experience testifying in depositions and trials in the past four years. The parties must file astatus report by 7/8/2015regarding progress in settlement and are encouraged to call the Court before this date to schedule a telephone settlement conference. FTR/c: 2:01-2:18(Moo-Young, Jillian) |
| Filing 36 Second MOTION to Amend/Correct/Supplement the complaint by Michael Pacheco, Sr. (Attachments: #1 Exhibit) (Colihan, Michael) |
| Filing 35 REPLY in Opposition re #34 First MOTION for Disclosure of names of all defendants and request to adjourn conference filed by Felix Concepcion, Pelinko, Besim Pelinku. (Jacobs, Elissa) |
| Filing 34 First MOTION for Disclosure of names of all defendants by Michael Pacheco, Sr. (Colihan, Michael) |
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SCHEDULING ORDER: Any opposition to the #34 motion must be filed by 5/11/2015; reply by 5/13/2015. A conference will be held on 5/19/2015 at 2:00 p.m. (by tel.). Ordered by Magistrate Judge Marilyn D. Go on 5/5/2015. (Moo-Young, Jillian)
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ORDER denying #32 Motion for Discovery. The letter attached is identical to the letter #33 seeking leave to file an amended complaint. Ordered by Magistrate Judge Marilyn D. Go on 5/5/2015. (Go, Marilyn)
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ORDER: Although the #33 letter was filed as a motion, rather than as a letter supplementing the #31 motion for leave to amend, the court deems it as a supplement to the earlier motion. The #31 Motion to Amend/Correct/Supplement, as clarified by the #33 letter is granted, on consent. Ordered by Magistrate Judge Marilyn D. Go on 4/30/2015. (Moo-Young, Jillian)
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| Filing 33 First MOTION to Amend/Correct/Supplement the complaint; this letter is in clarification of the first at the request of the Court by Michael Pacheco, Sr. (Colihan, Michael) |
| Filing 32 First MOTION for Discovery and/or a conferece to compel disclosure of names of police officers involved in this incident by Michael Pacheco, Sr. (Colihan, Michael) |
| Filing 31 First MOTION to Amend/Correct/Supplement the Complaint in this action by Michael Pacheco, Sr. (Attachments: #1 Exhibit) (Colihan, Michael) |
| Filing 30 Letter from Michael Colihan advising all parties that the Desk Appearence Ticket issued to Michael Pacheco, Sr. has been dismissed by Michael Pacheco, Sr (Colihan, Michael) |
| Minute Entry for Initial Conference held on 4/14/2015 before Magistrate Judge Marilyn D. Go: Appearances by M. Colihan for plaintiffs; E. Jacobs for the defendants. Schedule pursuant to Fed. R. Civ. P. 16(b) discussed and may be set at the next conference to be held on 5/8/2015 at 9:30 (by tel.) after receipt of information regarding the status of the pending criminal case against one of the plaintiffs. Initial disclosures must be exchanged by 4/25/2015, including any videos of the incident. The motion for disclosures #29 is denied without prejudice for the reasons discussed.FTR/c: 11:24-11:37 (Hugh, Lewis) |
| Filing 29 First MOTION for Disclosure for an Endorsed Subpoena directed to the New York State Office of Court Administration by Michael Pacheco, Sr. (Attachments: #1 Exhibit Proposed Subpoena) (Colihan, Michael) |
| Filing 28 AFFIDAVIT of Service for Subpoena So Ordered by The Hon. Marilyn Dolan Go served on The Richmond County District Attorney on March 27, 2015, filed by Michael Pacheco, Sr. (Colihan, Michael) |
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ORDER granting #27 Motion for Disclosure. The proposed subpoena has been signed and may be picked up from chambers. Counsel may call to request that it be faxed or mailed. Ordered by Magistrate Judge Marilyn D. Go on 3/13/2015. (Go, Marilyn)
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| Filing 27 First MOTION for Disclosure in the form of a Request for a " So Ordered" Subpoena directed to the Richmond County District Attorney by Michael Pacheco, Sr. (Attachments: #1 Exhibit subpoena) (Colihan, Michael) |
| Filing 26 SUMMONS Returned Executed by Michael Pacheco, Sr. Besim Pelinku served on 2/23/2015, answer due 3/16/2015. (Colihan, Michael) |
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Filing 25
ORDER GOVERNING DISCOVERY. Ordered by Magistrate Judge Marilyn D. Go on 3/10/2015. (Hugh, Lewis)
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Filing 24
ORDER GOVERNING INITIAL CONFERENCE AND REQUIRED DISCLOSURE: An initial conference will be held in the above-captioned case on April 14, 2015, at 11:30 a.m., before Marilyn D. Go, United States Magistrate Judge. Parties must discuss the matters set forth in the attached order and questionnaire. Counsel for plaintiffs is responsible for confirming that all necessary participants are aware of this conference. Ordered by Magistrate Judge Marilyn D. Go on 3/10/2015. (Hugh, Lewis)
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| Filing 23 ANSWER to #16 Amended Complaint by Felix Concepcion, Besim Pelinku, The City of New York. (Jacobs, Elissa) |
| Filing 22 Second MOTION for Extension of Time to File Answer by The City of New York. (Jacobs, Elissa) |
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ORDER granting #22 Motion for Extension of Time to Answer, on consent. Defendants' time to answer or otherwise respond to the complaint is extended to 3/5/15. Ordered by Magistrate Judge Marilyn D. Go on 3/4/2015. (Go, Marilyn)
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| Filing 21 SUMMONS Returned Executed by Michael Pacheco, Sr. Felix Concepcion served on 1/29/2015, answer due 2/19/2015. (Colihan, Michael) |
| Filing 20 Summons Issued as to Felix Concepcion. (Chee, Alvin) |
| Filing 19 Summons Issued as to Besim Pelinku. (Chee, Alvin) |
| Filing 18 Proposed Summons. Re #16 Amended Complaint by Michael Pacheco, Sr (Colihan, Michael) |
| Filing 17 Proposed Summons. Re #16 Amended Complaint by Michael Pacheco, Sr (Colihan, Michael) |
| Filing 16 AMENDED COMPLAINT ( First One) against The City of New York, Besim Pelinku, Felix Concepcion, filed by Michael Pacheco, Sr. (Colihan, Michael) |
| Filing 15 MOTION for Extension of Time to File Answer by The City of New York. (Jacobs, Elissa) |
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ORDER granting #15 Motion for Extension of Time to Answer. The time for the City of New York to answer or otherwise respond to the complaint is extended to 2/23/2015. Although counsel for the City defendant does not represent the named individual defendant who may not yet have been served, the time to answer is similarly extended for said defendant since such extension will not cause undue delay and will enable the NYC Law Department to make a considered determination regarding representation. Counsel for the City of New York must promptly process the authorization forms and/or releases that plaintiff has already executed. Ordered by Magistrate Judge Marilyn D. Go on 1/6/2015. (Moo-Young, Jillian)
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| Filing 14 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) |
| Filing 13 Case transferred in from District of New York Southern; Case Number 1:14-cv-09526. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of New York. (kgo) [Transferred from New York Southern on 12/31/2014.] |
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Filing 12
ORDER: Upon consideration of the parties' responses to this Court's December 17, 2014 order to show cause, the Court has determined that transferring this case to the United States District Court for the Eastern District of New York is in the interest of justice under 28 U.S.C. 1404(a) for substantially the same reasons as those stated in the December 22, 2014 letter filed by the City of New York. Accordingly, this case is hereby transferred to the United States District Court for the Eastern District of New York. The Clerk of Court is instructed to close the case on this Court's docket. (Signed by Judge Gregory H. Woods on 12/23/2014) (kgo) [Transferred from New York Southern on 12/31/2014.]
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| Filing 11 LETTER addressed to Judge Gregory H. Woods from Elissa B. Jacobs dated December 22, 2014 re: Order to Show Cause. Document filed by The City Of New York,.(Jacobs, Elissa) [Transferred from New York Southern on 12/31/2014.] |
| Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Conference and Response to The Court's Order to Show Cause addressed to Judge Gregory H. Woods from Michael Colihan dated 12/19/2014. Document filed by Michael Pacheco, Sr. (Attachments: #1 Exhibit List of Civil Rights Cases stemming from Incidents in Richmond County)(Colihan, Michael) Modified on 12/18/2014 (db). [Transferred from New York Southern on 12/31/2014.] |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael Colihan to RE-FILE Document #10 FIRST LETTER MOTION for Conference and Response to The Court's Order to Show Cause addressed to Judge Gregory H. Woods from Michael Colihan dated 12/19/2014. Use the event type Letter found under the event list Other Documents. (db) [Transferred from New York Southern on 12/31/2014.] |
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Filing 9
ORDER TO SHOW CAUSE: Plaintiffsresidents of Richmond Countybring claims under 42 U.S.C. 1981 and 1983 stemming from an alleged incident that occurred entirely in Richmond County. Richmond County is located within the Eastern District of New York. See 28 U.S.C. 112. As a result, the Court is inclined to transfer this case to the Eastern District of New York in the interest of justice pursuant to 28 U.S.C. 1404(a). By December 24, 2014, Plaintiffs are directed to file a letter addressing why this action should not be transferred to the Eastern District of New York pursuant to 28 U.S.C. 1404(a). In the event that Defendants wish to be heard on this issue, they must file a letter by the same date. (Signed by Judge Gregory H. Woods on 12/17/2014) (mro) [Transferred from New York Southern on 12/31/2014.]
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| Filing 8 NOTICE OF APPEARANCE by Elissa Beth Jacobs on behalf of The City Of New York,. (Jacobs, Elissa) [Transferred from New York Southern on 12/31/2014.] |
| Filing 7 AFFIDAVIT OF SERVICE of CPL 160.50 release for Stephen Cummings served on The City of New York on 12/10/2014. Service was made by Mail. Document filed by Stephen Cummings. (Colihan, Michael) [Transferred from New York Southern on 12/31/2014.] |
| Filing 6 AFFIDAVIT OF SERVICE of CPL160.50 release for Stephen Cummings served on The City of New York on 12/10/2014. Service was made by Mail. Document filed by Michael Pacheco, Jr. (Colihan, Michael) [Transferred from New York Southern on 12/31/2014.] |
| Filing 5 AFFIDAVIT OF SERVICE of HIPA release for medical records of Michael Pacheco served on The City of New York on 12/10/2014. Service was made by Mail. Document filed by Michael Pacheco, Jr. (Colihan, Michael) [Transferred from New York Southern on 12/31/2014.] |
| Filing 4 AFFIDAVIT OF SERVICE of HIPa release for medical records of Stephen Cummings served on The City of New York on 12/10/2014. Service was made by Mail. Document filed by Stephen Cummings. (Colihan, Michael) [Transferred from New York Southern on 12/31/2014.] |
| Filing 3 AFFIDAVIT OF SERVICE. The City Of New York, served on 12/3/2014, answer due 12/24/2014. Service was accepted by B. Mayzick. Document filed by Stephen Cummings. (Colihan, Michael) [Transferred from New York Southern on 12/31/2014.] |
| ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Michael Colihan, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (moh) [Transferred from New York Southern on 12/31/2014.] |
| NOTICE OF PARTICIPATION IN SECTION 1983 PLAN: Unless otherwise ordered, this case shall participate in the Southern District of New York's Plan for Certain Section 1983 Cases against The City of New York (the "Section 1983 Plan"). Please reference the Court's website, www.nysd.uscourts.gov, to review the Section 1983 Plan, updated 1/2/2014, for important information.(rpr) [Transferred from New York Southern on 12/31/2014.] |
| Filing 2 CIVIL COVER SHEET filed. (moh) [Transferred from New York Southern on 12/31/2014.] |
| Filing 1 COMPLAINT against John Doe 1-20, Pelinko, The City Of New York,. (Filing Fee $ 350.00, Receipt Number 465401111129)Document filed by Michael Pacheco, Sr, Michael Pacheco, Jr, Stephen Cummings.(moh) [Transferred from New York Southern on 12/31/2014.] |
| SUMMONS ISSUED as to John Doe 1-20, Pelinko, The City Of New York,. (moh) [Transferred from New York Southern on 12/31/2014.] |
| Case Designated ECF. (moh) [Transferred from New York Southern on 12/31/2014.] |
| Magistrate Judge James L. Cott is so designated. (moh) [Transferred from New York Southern on 12/31/2014.] |
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