Kirton et al v. City of New York et al
| Michelle Kirton and Mishare M. Kirton |
| City of New York, City of New York Police Department and Police Officer John Does #1 and #2 |
| 1:2015cv04852 |
| August 18, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| Robert M Levy |
| Civil Rights: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Defendant |
Docket Report
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| Filing 51 CLERK'S JUDGMENT directing that defendants motion for judgment on the pleadings is granted; and that plaintiffs motion to amend their Complaint is deniedOrdered by Jalitza Poveda, Deputy Clerk of Court on behalf of Douglas C. Palmer, Clerk o fCourt on 9/25/2018. (Fernandez, Erica) |
Filing 50
MEMORANDUM AND ORDER: For these reasons, the Court grants defendants' motion for Judgment on the Pleadings and denies plaintiffs' motion to amend their Complaint. The Clerk is directed to enter judgment accordingly.Ordered by Judge Carol Bagley Amon on 9/24/2018. (fwd for judgment) (Fernandez, Erica)
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| Filing 49 Letter in Response to Plaintiffs' Letter Dated June 21, 2018 and Pursuant to Court Order dated May 15, 2018 by City of New York (Sarpong, Nana) |
| Filing 48 RESPONSE in Opposition re #41 MOTION for Judgment on the Pleadings Court Ordered Letter filed by All Plaintiffs. (Scholar, Calvin) |
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ORDER granting #47 Motion for Discovery; finding as moot #47 Motion for Pre Motion Conference. Defendants shall either produce, at least 24 hours before the deposition of PO Sylvester, all relevant memo books and reports in their possession, custody, or control, or show cause by the close of business 6/5/18 why they should not be required to do so. Defendants counsel shall advise plaintiffs counsel by the close of business 6/5/18 how late the hours he will be available for the Sylvester deposition on 6/7/18. Ordered by Magistrate Judge Robert M. Levy on 6/5/2018. (Levy, Robert)
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| Filing 47 MOTION for Discovery , MOTION for pre motion conference by Michelle Kirton. (Scholar, Calvin) |
| Minute Entry for proceedings held before Judge Carol Bagley Amon and Order. Appearances: For plaintiffs - Calvin Scholar; for defendants for defendants - Nana Kwame Sarpong. As stated on the record, the Court grants plaintiffs leave to take the deposition of Edwards Silvester. The Court further directs that plaintiffs take the deposition of Mr. Silvester within 30 days of this Order. 14 days after Mr. Silverster's deposition, plaintiffs are directed to write a letter, no more than 3 pages, stating which officers, if any, they wish to name in place of the John Doe Defendants. Defendants are directed to respond to plaintiffs' letter within 14 days of receiving it. Extensions will not be granted absent extraordinary circumstances. (Court Reporter Charleane Heading.) (Auld, Sammuel) |
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SCHEDULING ORDER: The Court will hold a teleconference with the parties to further discuss defendants' proposed motion on May 15, 2018 at 11:00 a.m. Defendants' counsel is directed to initiate the conference call to Chambers. Ordered by Judge Carol Bagley Amon on 5/11/2018. (Auld, Sammuel)
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| Minute Entry for proceedings held before Judge Carol Bagley Amon: Hearing on defendants' motion for judgment on the pleadings. Appearances: for plaintiff - Calvin Scholar; for defendants - Nana Kwame Sarpong. As discussed on the record, the Court reserved decision on the motion. (Court Reporter Rivka Teich)(Auld, Sammuel) |
| Filing 46 RESPONSE in Opposition re #41 MOTION for Judgment on the Pleadings filed by All Plaintiffs. (Attachments: #1 Exhibit A Defendants' Bates 051-056, #2 Exhibit B Defendants' Bates 036-037, #3 Exhibit C Defendants' Letter Dated 12/30/16, #4 Exhibit D Plaintiffs' Letter Dated 1/5/17, #5 Exhibit E Plaintiffs' 50-h Transcript Page 50, #6 Exhibit F Brian Davis Deposition, #7 Exhibit G Alfred Lawrence Deposition, #8 Exhibit H 11/30/17 SPRINT Report, #9 Exhibit I 1/2/18 SPRINT Report, #10 Exhibit J Defendants' Letter Dated 12/27/17, #11 Exhibit K Defendants' Affidavit) (Scholar, Calvin) |
| Filing 45 DECLARATION re #41 MOTION for Judgment on the Pleadings (Supplemental) by City of New York (Attachments: #1 Exhibit F) (Sarpong, Nana) |
| Filing 44 REPLY in Support re #41 MOTION for Judgment on the Pleadings filed by City of New York. (Sarpong, Nana) |
| Filing 43 MEMORANDUM in Support re #41 MOTION for Judgment on the Pleadings filed by City of New York. (Sarpong, Nana) |
| Filing 42 DECLARATION re #41 MOTION for Judgment on the Pleadings by City of New York (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Sarpong, Nana) |
| Filing 41 MOTION for Judgment on the Pleadings by City of New York. (Sarpong, Nana) |
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ORDER granting #40 Motion for Extension of Time to File Reply Brief. Defendants' reply brief is due on or before May 4, 2018. Absent extraordinary circumstances, no further extensions will be granted. Oral argument will be held on May 11, 2018 at 4:00 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 4/19/2018. (Auld, Sammuel)
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| Filing 40 First MOTION for Extension of Time to File Response/Reply in Support of Defendant's Motion to Dismiss by City of New York. (Sarpong, Nana) |
| Filing 39 MOTION to Strike #38 Memorandum in Opposition,, Filed Before Motion was Fully Submitted by Michelle Kirton. (Scholar, Calvin) |
| Filing 38 MEMORANDUM in Opposition to Defendants' Motion to Dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit A Defendants' Bates 051-056, #2 Exhibit B Defendants' Bates 036-037, #3 Exhibit C Defendants' Letter Dated 12/30/16, #4 Exhibit D Plaintiffs' Letter Dated 1/5/17, #5 Exhibit E Plaintiffs' 50-h Transcript Page 50, #6 Exhibit F Brian Davis Deposition, #7 Exhibit G Alfred Lawrence Deposition, #8 Exhibit H 11/30/17 SPRINT Report, #9 Exhibit I 1/2/18 SPRINT Report, #10 Exhibit J Defendants' Letter Dated 12/27/17, #11 Exhibit K Defendants' Affidavit) (Scholar, Calvin) |
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ORDER granting #37 Motion for Extension of Time to 4/13/18 to serve defendants' responses to plaintiff's 4/16/18 demand. Ordered by Magistrate Judge Robert M. Levy on 4/2/2018. (Levy, Robert)
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| Filing 37 First MOTION for Extension of Time to Complete Discovery (respond to the Court Order dated 3-15-18) by City of New York. (Sarpong, Nana) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Calvin Scholar, Nana Sarpong. (1) Rulings made on the record. Motion to reopen discovery granted for the limited reasons discussed on the record. (2) On or before 3/16/18 plaintiff shall serve a demand for the permitted discovery. Defendants shall respond by 3/30/18. (3) As Judge Amon has directed, counsel shall update the Court as to the impact of this ruling, if any, on the motion to dismiss. Motion Hearing held on 3/15/2018 re #31 MOTION for Extension of Time to Complete Discovery filed by Michelle Kirton (FTR Log #3:15-3:41; 3:46-4:02.) (Levy, Robert) |
| Filing 36 MOTION to Adjourn Conference by Michelle Kirton. (Scholar, Calvin) |
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ORDER granting #36 Motion to Adjourn Conference. Telephone Conference adjourned to 3/15/2018 at 03:00 PM before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 2/16/2018. (Marino, Janine)
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| Filing 35 Letter submitting the parties' proposed briefing schedule for defendant's motion to dismiss by City of New York (Sarpong, Nana) |
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ORDER: On consent of the parties, defendants' motion to dismiss is due on or before March 7, 2018, plaintiffs' opposition is due on or before April 6, 2018 and defendants' reply, if any, is due on or before April 20, 2018. Oral argument on defendants' motion is set for April 26, 2018 at 3:00 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. The parties are directed to update the Court as to the impact on the motion to dismiss, if any, of Magistrate Judge Robert M. Levy's ruling on plaintiffs' motion to re-open discovery. (Auld, Sammuel)
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SCHEDULING ORDER: A telephone conference has been scheduled for February 22, 2018 at 4:00 p.m., before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Plaintiffs' counsel is directed to initiate the conference call. Ordered by Magistrate Judge Robert M. Levy on 1/31/2018. (Marino, Janine)
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ORDER granting #34 Letter Requesting the Court's permission to submit a brief response to plaintiffs' unauthorized reply by City of New York. Ordered by Magistrate Judge Robert M. Levy on 1/30/2018. (Marino, Janine)
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| Filing 34 Letter respectfully requesting the Court's permission to submit a brief response to plaintiffs' unauthorized reply by City of New York (Sarpong, Nana) Modified, changed to motion on 1/30/2018 (Marino, Janine). |
| Minute Entry for pre-motion conference held before Judge Carol Bagley Amon. Appearances: for plaintiff - Calvin Harold Scholar, for defendants - Nana Kwame Sarpong. As stated on the record, the parties are directed to file a briefing schedule on defendants' motion to dismiss for the Court's approval. The parties are directed to raise remaining disputes about re-opening discovery with Magistrate Judge Levy. (Court Reporter Georgette Betts.) (Auld, Sammuel) |
| Filing 33 REPLY in Support re #32 Response in Opposition to Motion, #31 MOTION for Extension of Time to Complete Discovery filed by All Plaintiffs. (Attachments: #1 Exhibit C Portion of Defendants' Responses) (Scholar, Calvin) |
| Filing 32 RESPONSE in Opposition re #31 MOTION for Extension of Time to Complete Discovery filed by City of New York. (Attachments: #1 Exhibit A - City's Initial Disclosures, #2 Exhibit B - P.O. Lawrence's memo book, #3 Exhibit C - Criminal Complaint) (Sarpong, Nana) |
| Filing 31 MOTION for Extension of Time to Complete Discovery by Michelle Kirton. (Attachments: #1 Exhibit A Sprint Report, #2 Exhibit B Event Summary) (Scholar, Calvin) |
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ORDER granting #30 Motion for Pre-Motion Conference. A pre-motion conference on defendants' proposed motion to dismiss will be held on January 29, 2018 at 3:00 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 1/8/2018. (Auld, Sammuel)
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ORDER granting #29 Third MOTION for Extension of Time to File (to produce affidavit pursuant to Court Order dated 10-24-17) by City of New York. Ordered by Magistrate Judge Robert M. Levy on 1/2/2018. (Marino, Janine)
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| Filing 30 First MOTION for pre motion conference regarding defendant's proposed motion to dismiss by City of New York. (Sarpong, Nana) |
| Filing 29 Third MOTION for Extension of Time to File (to produce affidavit pursuant to Court Order dated 10-24-17) by City of New York. (Sarpong, Nana) |
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ORDER granting #28 Motion for Extension of Time to File Pre-Motion Conference Letter in view of extension of deadline to produce discovery. Pre-motion conference letter due 12/27/17. Plaintiff 's request for an extension until 1/15/18 to submit their opposition is granted, subject to Judge Amon's approval, if necessary. Ordered by Magistrate Judge Robert M. Levy on 12/11/2017. (Levy, Robert)
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| Filing 28 First MOTION for Extension of Time to File Pre-motion Conference Letter by City of New York. (Sarpong, Nana) |
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ORDER granting #26 Motion for Extension of Time to 12/27/17 to comply with the court's 10/24/17 Order. Ordered by Magistrate Judge Robert M. Levy on 12/5/2017. (Levy, Robert) Modified on 12/11/2017 (Levy, Robert).
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| Filing 27 RESPONSE to Motion re #26 Second MOTION for Extension of Time to File (to comply with Oct. 24, 2017 Court Order filed by All Plaintiffs. (Scholar, Calvin) |
| Filing 26 Second MOTION for Extension of Time to File (to comply with Oct. 24, 2017 Court Order by City of New York. (Sarpong, Nana) |
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ORDER granting #25 Motion for Extension of Time to 12/4/17 to Comply with 10/24/17 Order. Ordered by Magistrate Judge Robert M. Levy on 11/27/2017. (Levy, Robert)
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| Filing 25 First MOTION for Extension of Time to File (Comply with Court Order dated October 24, 2017 by City of New York. (Sarpong, Nana) |
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Order Certifying Discovery is complete, except for deposition followup described in 10/24/17 minute entry..Ordered by Magistrate Judge Robert M. Levy on 10/24/2017. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Devereaux Cannick, Calvin Scholar; Nana Sarpong. (1) Discovery is complete except for brief follow up to deposition held yesterday, to be completed within 30 days. As discussed at this hearing, defendant shall make a renewed search for a putative 911 call and SPRINT report and provide an affidavit detailing the results of the search. (2) Defendants intend to make a summary judgment motion. They shall file their pre-motion conference letter to Judge Amon by 12/8/17. If they choose not to move for summary judgment, they shall so advise the court by 12/8/17 and submit a point proposed pretrial order schedule. Discovery Hearing held on 10/24/2017 (Levy, Robert) |
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ORDER granting #24 Motion to Adjourn 10/6/17 Conference to 10/24/17 at 2:30 (tel)(pre-settlement). Ordered by Magistrate Judge Robert M. Levy on 10/2/2017. (Levy, Robert)
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| Filing 24 MOTION to Adjourn Conference by Michelle Kirton. (Cannick, Devereaux) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Devereaux Cannick, Nana Sarpong. Discovery deadline extended to 8/31/17 to take deposition of retired officer Lawrence and non parties discussed at this conference. A pre-settlement conference will be held on 10/6/17 at 10:00 (tel)(close of discovery).Discovery Hearing held on 7/17/2017 (Levy, Robert) Modified on 7/27/2017 (Levy, Robert). |
| Filing 23 MOTION to Adjourn Conference by Michelle Kirton. (Cannick, Devereaux) |
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ORDER granting #23 Motion to Adjourn Conference to 7/17/17 at 2:30 (tel). Ordered by Magistrate Judge Robert M. Levy on 7/14/2017. (Levy, Robert)
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| Filing 22 Second MOTION for Discovery by Michelle Kirton, Mishare M. Kirton. (Scholar, Calvin) |
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ORDER terminating as resolved #20 Motion for Discovery. Ordered by Magistrate Judge Robert M. Levy on 6/6/2017. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Devereaux Cannick, Nana Sarpong. (1) Deposition dates tentatively scheduled. Mr. Sarpong will confirm. All other discovery disputes have been resolved. (2) Discovery is complete except for the depositions of non-party police witnesses (by plaintiffs) and two non-party witnesses (by defendants). The discovery deadline is extended to 7/14/17. (3) Next conference 7/14/17 at 2:00 (tel)(close of discovery).Discovery Hearing held on 6/6/2017 (Levy, Robert) |
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ORDER terminating as resolved at 6/6/17 Conference #22 Motion for Discovery. Ordered by Magistrate Judge Robert M. Levy on 6/6/2017. (Levy, Robert)
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| Filing 21 MOTION to Adjourn Conference Telephone by Michelle Kirton. (Cannick, Devereaux) |
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ORDER granting #21 Motion to Adjourn Conference. Ordered by Magistrate Judge Robert M. Levy on 5/31/2017. (Marino, Janine)
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SCHEDULING ORDER: Telephone Conference adjourned to 6/6/2017 at 04:15 PM before Magistrate Judge Robert M. Levy at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 5/31/2017. (Marino, Janine)
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| Filing 20 MOTION for Discovery by Michelle Kirton, Mishare M. Kirton. (Attachments: #1 Exhibit A Defense Responses to Plaintiffs' Discovery Demands) (Scholar, Calvin) |
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ORDER granting #19 Motion to Adjourn 5/17/17 Conference to 5/31/17 at 4:30 (tel). Discovery will close 5/31/17. Ordered by Magistrate Judge Robert M. Levy on 5/16/2017. (Levy, Robert)
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| Filing 19 Second MOTION to Adjourn Conference by Michelle Kirton. (Cannick, Devereaux) |
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ORDER granting #18 Motion for Protective Order. Ordered by Magistrate Judge Robert M. Levy on 3/21/2017. (Levy, Robert)
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| Filing 18 MOTION for Protective Order by City of New York. (Sarpong, Nana) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Devereaux Cannick, Nana Sarpong. Discovery deadline extended to 5/17/17 to complete depositions. Final. Next conference 5/17/17 at 11:00 (tel)(close of discovery).Status Conference held on 3/20/2017 (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Devereaux Cannick, Nana Sarpong. Discovery deadline extended to 3/10/17, as plaintiff is awaiting documents and scheduling depositions of 3 officers, one of whom has retired. Next conference 3/20/17 at 4:30 (tel)(close of discovery).Status Conference held on 1/6/2017 (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Devereaux Cannick, Nana Sarpong. Discovery proceeding more slowly because a key deponent left the NYPD. Fact discovery deadline extended to 1/6/17. Next conference 1/6/17 at 3:00 (tel)(settlement).Status Conference held on 11/16/2016 (Levy, Robert) |
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ORDER granting #17 Motion for Extension of Time to 11/14/16 to Complete Discovery. The conference scheduled for 9/21/16 is adjourned to 11/16/16 at 12:30 (tel)(final pretrial). Ordered by Magistrate Judge Robert M. Levy on 9/13/2016. (Levy, Robert)
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| Filing 17 First MOTION for Extension of Time to Complete Discovery by Michelle Kirton. (Cannick, Devereaux) |
| Incorrect Case/Document/Entry Information. Document #17 removed from the docket, as per chambers document was filed erroneously. (Fernandez, Erica) |
| Filing 16 NOTICE of Appearance by Calvin Harold Scholar on behalf of All Plaintiffs (aty to be noticed) (Scholar, Calvin) |
| Filing 15 NOTICE of Appearance by Devereaux Leon Cannick on behalf of All Plaintiffs (notification declined or already on case) (Cannick, Devereaux) |
| Filing 14 First MOTION for Extension of Time to Complete Discovery by City of New York, City of New York Police Department. (Sarpong, Nana) |
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ORDER granting #14 Motion for Extension of Time to 9/12/16 to Complete Discovery. The conference scheduled for 7/13/16 is adjourned to 9/21/16 at 12:00 (Courtroom 11B)(final pretrial). Ordered by Magistrate Judge Robert M. Levy on 7/12/2016. (Levy, Robert)
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| Filing 13 First ANSWER to #1 Complaint Response to 1st Request for Interrogatories by All Plaintiffs. (Cannick, Devereaux) |
| Filing 12 REPLY to Response to Motion re #9 First MOTION for Extension of Time to File Answer to Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit) (Cannick, Devereaux) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Calvin Scholar, Nana Sarpong. Scheduling order entered. Discovery deadline 7/13/16. Next conference 7/13/16 at 12:00 (in person unless counsel request telephone conference)(final pretrial).Initial Conference Hearing held on 1/13/2016 (Levy, Robert) |
| Filing 11 ANSWER to #1 Complaint by City of New York, City of New York Police Department. (Sarpong, Nana) |
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Filing 10
SCHEDULING ORDER: An initial conference has been scheduled for January 13, 2016 at 12:00 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge, at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiffs counsel is directed to confirm with defendants counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 11/17/2015. (Marino, Janine)
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ORDER granting #9 Motion for Extension of Time to Answer City of New York answer due 11/30/2015. Ordered by Magistrate Judge Robert M. Levy on 11/17/2015. (Marino, Janine)
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| Filing 9 First MOTION for Extension of Time to File Answer to Complaint by City of New York. (Sarpong, Nana) |
| Filing 8 NOTICE of Appearance by Nana Kwame Sarpong on behalf of City of New York (aty to be noticed) (Sarpong, Nana) |
| Filing 7 SUMMONS Returned Executed by Michelle Kirton. City of New York Police Department served on 9/16/2015, answer due 10/7/2015. (Cannick, Devereaux) |
| Filing 6 AFFIDAVIT/AFFIRMATION by Michelle Kirton (Cannick, Devereaux) |
| Filing 5 Summons Issued as to City of New York, City of New York Police Department, John Does #1 and #2. (Davis, Kimberly) |
| Filing 4 Proposed Summons. Re #1 Complaint by Michelle Kirton (Cannick, Devereaux) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Chief Judge Carol Bagley Amon and Magistrate Judge Robert M. Levy. 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against All Plaintiffs filing fee $ 400, receipt number 0207-7962311 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Kirton Michelle. (Attachments: #1 Civil Cover Sheet) (Cannick, Devereaux) |
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