Gondola v. City of New York et al
| Gondola and Luis Gondola |
| City of New York, Dmitriy Shery, Joseph Ryan, John and Jane Doe 1-10, John Ryan, Clive Moyer and Mark Scarlatelli |
| Judah Greenblatt |
| 1:2016cv00369 |
| January 22, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Sanket J Bulsara |
| Ann M Donnelly |
| Steven M Gold |
| Eric N Vitaliano |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
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Filing 81
Stipulation and order of dismissal. Ordered by Judge Ann M. Donnelly on 3/8/2022. (Greene, Donna)
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| Filing 80 STIPULATION of Dismissal by Clive Moyer, Mark Scarlatelli, Dmitriy Shery (Gottstein, Evan) |
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ORDER: In light of the settlement in principle #79 , the parties are directed to file a stipulation of dismissal by 3/8/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/8/2022. (Bruckner, Ian)
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| Filing 79 STATUS REPORT by Luis Gondola (Klein, Brett) |
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ORDER: In light of Plaintiff's letter #78 , the parties are directed to submit a status report apprising the Court of the status of settlement discussions by 2/7/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/12/2022. (Bruckner, Ian)
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| Filing 78 STATUS REPORT by Luis Gondola (Klein, Brett) |
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ORDER: The deadline for the parties to complete mediation is hereby extended to 12/31/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/8/2021. (Bruckner, Ian)
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| REPORT of Mediation continued. The next mediation session is scheduled to take place remotely on December 20, 2021 at 10:00am. Report of Mediation due by 1/3/2022. (Weinstein, Robyn) |
| SELECTION OF MEDIATOR: Judah Greenblatt selected as Mediator. The first mediation session will take place on December 7, 2021. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 12/21/2021. (Priftakis, Tina) |
| MEDIATION INSTRUCTIONS (FEE WAIVER) Mediation Instructions for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. The ADR Administrator will assist counsel in appointing a pro bono mediator. Once the pro bono mediator is appointed, counsel will schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
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ORDER REFERRING CASE to Mediation. The parties having expressed a desire to reach an amicable resolution of this case, this case is referred to the EDNY Trial Ready Rapid Mediation Pilot. For assistance with any questions about the mediation process or the selection of a mediator, counsel are invited to contact EDNY ADR Administrator Robyn Weinstein at (718) 613-2578. The Mediator shall be selected by 11/10/2021. The mediation shall be completed by 12/8/2021. The parties are directed to file a joint status report within two weeks after the completion of mediation. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/27/2021. (Bruckner, Ian)
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| Filing 77 STATUS REPORT (Respectfully Submitted Per the Court's Order Dated July 27, 2021) by Luis Gondola (Klein, Brett) |
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SCHEDULING ORDER: The Court in in receipt of the parties' joint status report #76 . The parties are encouraged to engage in meaningful settlement discussions, and should consider requesting a settlement conference before Judge Bulsara. If the parties cannot reach a resolution, trial will begin on April 11, 2022 at 9:30 a.m. in Courtroom 4G North. The parties are directed to the Court's Individual Practices and Rules regarding pre-trial filings in civil cases. The parties must file a joint status report regarding settlement negotiations by October 26, 2021. Ordered by Judge Ann M. Donnelly on 7/27/2021. (Eisen, Allison)
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| Filing 76 STATUS REPORT On Behalf of All Parties by Clive Moyer, Mark Scarlatelli, Dmitriy Shery (Gottstein, Evan) |
| Minute Entry for proceedings held before Judge Ann M. Donnelly: Status Conference held on 6/22/2021. Appearances by Lissa Green-Stark and Brett Klein for the plaintiff. Evan Gottstein and Brachah Goykadosh for the defendants. Case called; discussion held. All trial dates and related filing deadlines are adjourned sine die. The parties are directed to submit a joint status report by July 22, 2021. (Court Reporter Holly Driscoll.) (Eisen, Allison) |
| Filing 75 NOTICE of Appearance by Brachah Goykadosh on behalf of Clive Moyer, Mark Scarlatelli, Dmitriy Shery (aty to be noticed) (Goykadosh, Brachah) |
| Filing 74 NOTICE of Appearance by Evan J. Gottstein on behalf of Clive Moyer, Mark Scarlatelli, Dmitriy Shery (aty to be noticed) (Gottstein, Evan) |
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SCHEDULING ORDER: The parties are directed to appear for a telephone conference on June 22, 2021 at 3:00 p.m. The telephone conference line is (888) 363-4734, access code 9057625. Ordered by Judge Ann M. Donnelly on 6/15/2021. (Eisen, Allison)
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| Minute Entry for proceedings held before Judge Ann M. Donnelly: Initial Pretrial Conference held on 2/17/2021. Trial will begin July 12, 2021 at 9:30 a.m. in Courtroom 4G North. The following deadlines apply to pre-trial filings: motions in limine are due June 25, 2021; requests to charge, proposed voir dire, and a proposed verdict sheet, June 25, 2021; responses to motions in limine, July 2, 2021; preliminary statements regarding damages, July 2, 2021. The Court's preference is for the parties to jointly propose the requests to charge, voir dire, and verdict sheet, and endeavor to agree wherever possible. The parties should email a double-spaced Word document to chambers, indicating any disagreements in track changes or in an otherwise legible format. The Court also requests 3 courtesy copies of all pre-marked exhibits, exhibit lists, and witness lists by June 25, 2021. The final pre-trial conference will be July 6, 2021 at 10:30 a.m. in Courtroom 4G North. The parties are directed to the Court's Individual Practices and Rules regarding pre-trial filings in civil cases. (Court Reporter Linda Marino.) (Eisen, Allison) |
| Filing 73 Consent MOTION to Adjourn Conference by Luis Gondola. (Klein, Brett) |
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ORDER granting #73 Motion to Adjourn Conference. The pre-trial conference scheduled for February 9, 2021 will be adjourned until February 17, 2021 at 2:30 p.m. The telephone conference line is (888) 363-4734, access code 9057625. Ordered by Judge Ann M. Donnelly on 2/8/2021. (Eisen, Allison)
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SCHEDULING ORDER: The parties are directed to appear for a telephone pre-trial conference on February 9, 2021 at 2:30 p.m. The telephone conference line is (888) 363-4734, access code 9057625. Ordered by Judge Ann M. Donnelly on 1/26/2021. (Eisen, Allison)
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| Filing 72 Proposed Pretrial Order by Luis Gondola (Klein, Brett) |
| Filing 71 Consent MOTION for Extension of Time to File the Parties' Proposed JPTO by Luis Gondola. (Klein, Brett) |
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ORDER granting #71 Motion for Extension of Time to File. The parties are directed to submit a joint proposed pre-trial order by January 15, 2021. Ordered by Judge Ann M. Donnelly on 11/18/2020. (Eisen, Allison)
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ORDER granting #70 Motion for Extension of Time to File. The parties are directed to submit a joint proposed pre-trial order by November 30, 2020. Ordered by Judge Ann M. Donnelly on 11/4/2020. (Eisen, Allison)
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| Filing 70 Joint MOTION for Extension of Time to File JPTO by City of New York. (Fudim, Elissa) |
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SCHEDULING ORDER: The parties are directed to submit a joint proposed pre-trial order by November 16, 2020. Ordered by Judge Ann M. Donnelly on 10/27/2020. (Eisen, Allison)
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Minute Entry and Order: a settlement conference was held on 8/11/2020. Counsel for both parties were present, as was Plaintiff. A settlement was not reached. The parties are directed to inform the Court by 8/25/2020 whether they wish to hold an additional settlement conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/11/2020. (Altreuter, Sylvia)
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SCHEDULING ORDER: The Court is prepared to proceed with the settlement conference scheduled for 8/11/2020, but via video. The parties shall inform the Court by the close of business tomorrow, 8/7/2020 whether they would like proceed. If so, counsel must each provide an email address (for both counsel and a client representative) to the Court via letter so that the Court may connect the parties to a video conference. Phone numbers should also be provided. The parties should otherwise refer to this Court's Individual Practices in preparation for the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/6/2020. (Ferrara, Anthony)
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| Incorrect Case/Document/Entry Information. ECF Document 70 was removed from the docket sheet because it was inadvertently filed this is matter by counsel. Counsel has filed the document in the correct case. (Fernandez, Erica) |
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SCHEDULING ORDER: The Settlement Conference scheduled for 4/28/2020 is hereby adjourned to 8/11/2020 at 2:30 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/24/2020. (Guo, Alicia)
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Filing 69
MEMORANDUM AND ORDER. The defendants' motion for reconsideration is granted with respect to the fair trial claims and the failure to intervene claims premised on the alleged fair trial violations, and they are all dismissed. Because the parties stipulated that Lieutenant Ryan cannot be held liable for claims arising from the initial false arrest, he is dismissed from the case.The plaintiff's motion for reconsideration is denied. Accordingly, the plaintiff may proceed to trial on the following claims as to the following defendants: false arrest with respect to the initial stop, and failure to intervene during the false arrest with respect to the initial stop, as against detectives Shery, Moyer and Scarlatelli. Ordered by Judge Ann M. Donnelly on 3/24/2020. (Greene, Donna)
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| Filing 68 Letter attaching a recent decision for the Court's reference by City of New York, Clive Moyer, John Ryan, Mark Scarlatelli, Dmitriy Shery (Attachments: #1 Exhibit attached decision) (Fudim, Elissa) |
| Filing 67 REPLY in Support re #65 Letter (Reply in response to D.E. 65) filed by City of New York. (Fudim, Elissa) |
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ORDER: The Motion to Adjourn Conference #66 is granted. The Settlement Conference scheduled for 3/9/2020 is hereby adjourned to 4/28/2020 at 2:30 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All parties must be present. Parties are to submit their respective settlement positions via ex parte to Chamber's email no later than 4/25/2020. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/5/2020. (Guo, Alicia)
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| Filing 66 Joint MOTION to Adjourn Conference by City of New York. (Fudim, Elissa) |
| Filing 65 Letter Supplementing the Record with further Evidence of Favorable Termination by Luis Gondola (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Green-Stark, Lissa) |
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SCHEDULING ORDER: The defendants are directed to respond to the plaintiff's letter #65 by March 6, 2020. Ordered by Judge Ann M. Donnelly on 2/28/2020. (Lefkowitz, Jacob)
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SCHEDULING ORDER: In a footnote of his opposition to the second motion to reconsider #60 , the plaintiff asks to supplement the record with evidence of favorable termination, but does not suggest what that evidence is. If the plaintiff has evidence bearing on the termination of his prosecution--in addition to the Certificate of Disposition and the minutes from this dismissal, which the Court has--he must file them on ECF no later than February 28, 2020. Ordered by Judge Ann M. Donnelly on 2/22/2020. (Lefkowitz, Jacob)
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ORDER: The Motion to Adjourn Conference #64 is granted. The Status Conference scheduled for 12/02/2019 is adjourned sine die. An in person Settlement Conference will be held on 3/09/2020 at 10:30 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All parties must be present. Parties are to submit their respective settlement positions via ex parte to Chamber's email no later than 3/06/2020. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/27/2019. (Guo, Alicia)
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| Filing 64 Consent MOTION to Adjourn Conference or covert to telephone conference by City of New York. (Fudim, Elissa) |
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ORDER: The Motion to Adjourn Conference #63 is granted. The in person Status Conference set for 12/02/2019 at 10:00 AM is hereby adjourned to 12/02/2019 at 2:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/17/2019. (Guo, Alicia)
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| Filing 63 Consent MOTION to Adjourn Conference by Luis Gondola. (Klein, Brett) |
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ORDER: The Motion to Adjourn Conference #62 is granted. An in person Status Conference will be held on 12/2/2019 at 10:00 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/19/2019. (Guo, Alicia)
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| Filing 62 Joint MOTION to Adjourn Conference by City of New York, Clive Moyer, John Ryan, Mark Scarlatelli, Dmitriy Shery. (Fudim, Elissa) |
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SCHEDULING ORDER: An in person Status Conference will be held on 11/21/2019 at 4:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/18/2019. (Guo, Alicia)
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| Filing 61 REPLY to Response to Motion re #57 Second MOTION for Reconsideration re #51 Order on Motion for Summary Judgment,, based on new Supreme Court case law filed by City of New York, Clive Moyer, John Ryan, Mark Scarlatelli, Dmitriy Shery. (Fudim, Elissa) |
| Filing 60 MEMORANDUM in Opposition re #57 Second MOTION for Reconsideration re #51 Order on Motion for Summary Judgment,, based on new Supreme Court case law filed by Luis Gondola. (Green-Stark, Lissa) |
| Filing 59 Consent MOTION for Extension of Time to File Response/Reply as to #57 Second MOTION for Reconsideration re #51 Order on Motion for Summary Judgment,, based on new Supreme Court case law by Luis Gondola. (Klein, Brett) |
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ORDER granting #59 Motion for Extension of Time to File Response/Reply. The plaintiff's opposition is due on September 13, 2019, and the defendant's reply, if necessary, is due September 20, 2019. Ordered by Judge Ann M Donnelly on 8/27/2019. (Lefkowitz, Jacob)
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ORDER: The motion to adjourn #58 is granted. The settlement conference scheduled for 8/29/2019 is hereby adjourned sine die. The deadline for parties to submit the joint pre-trial order is also adjourned sine die. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/19/2019. (Murphy, Colleen)
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| Filing 58 Joint MOTION to Adjourn Conference , Joint MOTION for Extension of Time to File the Parties' Proposed JPTO by Luis Gondola. (Klein, Brett) |
| Filing 57 Second MOTION for Reconsideration re #51 Order on Motion for Summary Judgment,, based on new Supreme Court case law by City of New York, Clive Moyer, John Ryan, Mark Scarlatelli, Dmitriy Shery. (Attachments: #1 Memorandum in Support, #2 Exhibit underlying transcript) (Fudim, Elissa) |
| Filing 56 RESPONSE in Opposition re #54 Notice of MOTION for Reconsideration re #51 Order on Motion for Summary Judgment,, filed by City of New York, Clive Moyer, John Ryan, Mark Scarlatelli, Dmitriy Shery. (Fudim, Elissa) |
| Filing 55 MEMORANDUM in Opposition re #53 MOTION for Reconsideration re #51 Order on Motion for Summary Judgment,, , MEMORANDUM in Support re #54 Notice of MOTION for Reconsideration re #51 Order on Motion for Summary Judgment,, filed by Luis Gondola. (Klein, Brett) |
| Filing 54 Notice of MOTION for Reconsideration re #51 Order on Motion for Summary Judgment,, by Luis Gondola. (Klein, Brett) |
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SCHEDULING ORDER: The plaintiff's response to the defendants' motion for reconsideration #53 is due by June 17, 2019. Ordered by Judge Ann M. Donnelly on 6/4/2019. (Chen, Irisa)
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| Filing 53 MOTION for Reconsideration re #51 Order on Motion for Summary Judgment,, by John Ryan. (Fudim, Elissa) |
| Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in-person status conference was held on 6/3/2019. Counsel for both parties were present. (See separate docket entry for other Order issuing from this proceeding.) (FTR Log #4:02-4:13.) (Murphy, Colleen) |
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SCHEDULING ORDER: An in-person settlement conference will be held on 8/29/2019 at 2:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. Parties are to submit their respective ex parte settlement positions to Chambers email no later than 8/26/2019. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. Parties are to submit a joint pre-trial order consistent with Judge Donnelly's individual practices by 9/27/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/3/2019. (Murphy, Colleen)
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ORDER granting #52 Motion for Extension of Time to File. The parties' motions for reconsideration, if any, are due by June 10, 2019. Ordered by Judge Ann M. Donnelly on 5/20/2019. (Chen, Irisa)
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| Filing 52 Joint MOTION for Extension of Time to File motions for reconsideration (if any) by City of New York. (Fudim, Elissa) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Ann M Donnelly for all further proceedings. Judge Eric N. Vitaliano no longer assigned to 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.Ordered by Chief Judge Dora Lizette Irizarry on 5/8/2019. (Davis, Kimberly)
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SCHEDULING ORDER: An in-person status conference will be held on 6/3/2019 at 4:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/7/2019. (Murphy, Colleen)
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Filing 51
MEMORANDUM AND ORDER, granting in part and denying in part #48 Motion for Summary Judgment. For the foregoing reasons, defendants' motion is granted in part and denied in part. This litigation may proceed solely as to (1) the portion of the false arrest claim relating to the initial seizure, as to all individual defendants, (2) the fair trial claim, as to Detective Shery andDetective Scarlatelli, and (3) the failure to intervene claim as related to the initial seizure or the denial of a fair trial, as to all individual defendants.(Ordered by Judge Eric N. Vitaliano on 4/21/19) C/M (Galeano, Sonia)
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| Filing 50 MEMORANDUM in Opposition re #48 MOTION for Summary Judgment by plaintiff filed by City of New York. (Attachments: #1 Rule 56.1 Statement Resposne to defendants' 561. Statement, #2 Declaration Brett Klein, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15) (Fudim, Elissa) |
| Filing 49 REPLY in Support re #48 MOTION for Summary Judgment filed by City of New York, Clive Moyer, John Ryan, Mark Scarlatelli, Dmitriy Shery. (Fudim, Elissa) |
| Filing 48 MOTION for Summary Judgment by City of New York, Clive Moyer, John Ryan, Mark Scarlatelli, Dmitriy Shery. (Attachments: #1 Rule 56.1 Statement, #2 Memorandum in Support, #3 Declaration of Elissa Fudim, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N) (Fudim, Elissa) |
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ORDER granting #47 Motion for Extension of Time to File. Defendants' motion to file their summary judgment motion papers nunc pro tunc as of March 16, 2018 is granted. Ordered by Judge Eric N. Vitaliano on 3/27/2018. (Fernandez, Ashley)
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| Filing 47 MOTION for Extension of Time to File nunc pro tunc by City of New York, Clive Moyer, John Ryan, Mark Scarlatelli, Dmitriy Shery. (Fudim, Elissa) |
| Filing 46 Letter with joint proposed briefing schedule by City of New York (Fudim, Elissa) |
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ORDER. The joint proposed briefing schedule for defendant's motion for summary judgment, as set forth in ECF Dkt. No. #46 , is adopted by the Court and so ordered. Ordered by Judge Eric N. Vitaliano on 12/13/2017. (Fernandez, Ashley)
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ORDER denying #44 motion for pre-motion conference. Having reviewed the parties' submissions, the Court finds that a pre-motion conference is not necessary, but defendants may proceed with the proposed motion. No later than December 22, 2017, the parties may file a joint proposed briefing schedule with respect to the proposed motion. Ordered by Judge Eric N. Vitaliano on 12/7/2017. (Fernandez, Ashley)
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| Filing 45 RESPONSE in Opposition re #44 MOTION for pre motion conference filed by Luis Gondola. (Klein, Brett) |
| Filing 44 MOTION for pre motion conference by City of New York, Clive Moyer, John Ryan, Mark Scarlatelli, Dmitriy Shery. (Fudim, Elissa) |
| Filing 43 SUMMONS Returned Executed by Luis Gondola. Mark Scarlatelli served on 11/6/2017, answer due 11/27/2017. (Klein, Brett) |
| Filing 42 ANSWER to #38 Amended Complaint, (Second Amended Complaint) by City of New York, Clive Moyer, John Ryan, Mark Scarlatelli, Dmitriy Shery. (Fudim, Elissa) |
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ORDER: Defendants City of New York, Clive Moyer, John Ryan, and Dmitriy Shery are directed to file their Answer by 12/1/2017. Counsel may request an extension of time for Defendant Mark Scarlatelli to answer should Detective Scarlatelli be served. SO Ordered by Magistrate Judge Sanket J. Bulsara on 11/1/2017. (Cardenas, Alex)
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| Filing 41 MOTION for Extension of Time to File Answer re #38 Amended Complaint, for current defendants until after new defendant has been served by City of New York, Clive Moyer, John Ryan, Dmitriy Shery. (Fudim, Elissa) |
| Filing 40 Summons Issued as to Mark Scarlatelli. (Galeano, Sonia) |
| Filing 39 Proposed Summons. Re #38 Amended Complaint, by Luis Gondola (Klein, Brett) |
| Filing 38 AMENDED COMPLAINT (SECOND AMENDED COMPLAINT) against City of New York, Clive Moyer, John Ryan, Joseph Ryan, Dmitriy Shery, Mark Scarlatelli, filed by Luis Gondola. (Attachments: #1 Stipulation to Filing of Second Amended Complaint) (Klein, Brett) |
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ORDER: The motion to extend the deadline for the close of fact discovery #37 is granted, based on the agreement of the parties and for the reasons stated on the record. The close of discovery is extended until November 6, 2017. No further extensions to the discovery deadline will be granted. Plaintiff indicated they will file either a stipulation or make a motion seeking leave to amend to identify one of the John Doe defendants. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/27/2017. (Manson, Eddie)
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| Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person status conference was held on 9/27/2017. Counsel for the parties were present. See separate docket entry for order issuing from this proceeding. (FTR Log #11:17:58-11:44:00.) (Manson, Eddie) |
| Filing 37 MOTION for Extension of Time to Complete Discovery by City of New York, Clive Moyer, John Ryan, Dmitriy Shery. (Fudim, Elissa) |
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SCHEDULING ORDER: Extension of Discovery remains the same pursuant to the 9/5/2017 Order. ( Discovery is extended to September 25, 2017). An in-person Status Conference will be held at 11:00 AM on 9/27/2017 in Courtroom 324 North before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/6/2017. (Manson, Eddie) .
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ORDER: Granting #36 Motion for Extension of Time to Complete Discovery. Discovery is extended to September 25, 2017. The status conference previously scheduled for September 14, 2017 is adjourned to September 27, 2017 at 3:00 p.m. in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 9/5/2017. (Gillespie, Saudia) Modified discovery deadline date on 9/5/2017 (Gillespie, Saudia).
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| Case Reassigned to Magistrate Judge Sanket J. Bulsara. Magistrate Judge Steven M. Gold 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 36 MOTION for Extension of Time to Complete Discovery by one week, because officer to be deposed is on vacation by City of New York, Clive Moyer, John Ryan, Dmitriy Shery. (Fudim, Elissa) |
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ORDER: Granting #35 Motion for Extension of Time to Complete Discovery. Fact discovery to be concluded by September 11, 2017. Ordered by Magistrate Judge Steven M. Gold on 8/29/2017. (Gillespie, Saudia)
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| Filing 35 Consent MOTION for Extension of Time to Complete Discovery by Luis Gondola. (Klein, Brett) |
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ORDER: #34 Motion for Extension of Time to Complete Discovery is hereby GRANTED. Discovery is extended to August 28, 2017. The status conference previously scheduled for June 21, 2017 is adjourned to September 14, 2017 at 3:30 p.m. in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 5/17/2017. (Gillespie, Saudia)
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| Filing 34 Consent MOTION for Extension of Time to Complete Discovery , Consent MOTION to Adjourn Conference by Luis Gondola. (Klein, Brett) |
| Filing 33 Minute Entry: Telephone Conference held on 4/24/2017 before Magistrate Judge Steven M. Gold. Greenstark for plaintiff, Fudim for defendants. Plaintiff's counsel represents that contact with the non-party reveals consent to entry of the proposed order filed by defendants as docket entry 29-1. Plaintiff's counsel will promptly submit a letter confirming same, at which point the Court will enter the proposed order. (Gillespie, Saudia) |
| Filing 32 Letter regarding Consent to Unseal Records by Luis Gondola (Klein, Brett) |
| Filing 31 NOTICE of Appearance by Lissa Strata Green-Stark on behalf of Luis Gondola (aty to be noticed) (Green-Stark, Lissa) |
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ORDER granting #29 Motion to Unseal Case and entering the proposed order filed by defendants as Docket Entry 29-1 as an Order of the Court. If the parties require a signed hard-copy version of the Order, they may contact my chambers to make arrangements to obtain one. Ordered by Magistrate Judge Steven M. Gold on 4/24/2017. (Gold, Steven)
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SCHEDULING ORDER: A telephone conference will be held at 11:30 a.m. on April 24, 2017 before the undersigned. Counsel for all parties must participate. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/17/2017. (Gillespie, Saudia)
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| Filing 30 Minute Entry: Telephone Conference held on 3/31/2017 before Magistrate Judge Steven M. Gold. Klein for plaintiff, Fudim for defendants. Plaintiff's counsel will contact the non-party discussed today to determine whether she opposes entry of an order releasing records relating to the criminal case in which she and plaintiff were both involved. Plaintiff's counsel will submit a letter reporting on the results of his effort by April 7, 2017. (Gillespie, Saudia) |
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SCHEDULING ORDER: A telephone conference will be held at 3:30 p.m. on March 31, 2017 before the undersigned. Counsel for all parties must participate. Counsel for plaintiff is directed to arrange the call with all parties on the line. Counsel shall be prepared to address docket entry #29 motion to unseal. Ordered by Magistrate Judge Steven M. Gold on 3/21/2017. (Gillespie, Saudia)
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| Filing 29 Letter MOTION to Unseal Case by City of New York, Clive Moyer, John Ryan, Dmitriy Shery. (Attachments: #1 Proposed Order) (Fudim, Elissa) |
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ORDER: #28 Motion for Extension of Time to Complete Discovery is hereby GRANTED. Fact discovery is extended to June 12, 2017. The status/settlement conference previously scheduled for April 5, 2017 is adjourned to JUNE 21, 2017 AT 3:00 P.M. in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 3/10/2017. (Gillespie, Saudia)
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| Filing 28 Joint MOTION for Extension of Time to Complete Discovery by Luis Gondola. (Klein, Brett) |
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SCHEDULING ORDER: THE COURT WILL HOLD A STATUS/SETTLEMENT CONFERENCE AT 10:00 AM ON APRIL 5, 2017. IN COURTROOM 13D SOUTH. The parties shall be prepared (1) to state their respective positions on settlement, with principals WITH FULL SETTLEMENT DECISION-MAKING AUTHORITY PRESENT OR AVAILABLE BY TELEPHONE THROUGHOUT THE CONFERENCE. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 12/1/2016. (Gillespie, Saudia)
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| Filing 27 Consent MOTION to Adjourn Conference tomorrow by City of New York. (Fudim, Elissa) |
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ORDER granting #27 Motion to Adjourn Conference. The settlement conference scheduled for tomorrow, December 1, 2016, is adjourned sine die. Ordered by Magistrate Judge Steven M. Gold on 11/30/2016. (Kaufman, Zachary)
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| Filing 26 Joint MOTION for Extension of Time to Complete Discovery by Luis Gondola. (Klein, Brett) |
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ORDER granting #26 Motion for Extension of Time to Complete Discovery. The deadline to complete fact discovery is extended nunc pro tunc from November 11, 2016, to March 10, 2017. Because the parties have not requested an adjournment of the settlement conference currently set for 10 a.m. on December 1, the conference will proceed as scheduled, subject to further application from the parties. Ordered by Magistrate Judge Steven M. Gold on 11/17/2016. (Kaufman, Zachary)
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| Filing 25 ANSWER to #14 Amended Complaint by City of New York, Clive Moyer, John Ryan, Dmitriy Shery. (Fudim, Elissa) |
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ORDER. By order dated 8/19/2016, plaintiff was ordered to show cause, in writing, as to why certain claims should not be dismissed. (1) At #23 , plaintiff voluntarily dismisses his malicious abuse of process claim and his negligence claim. Fed. R. Civ. P. 41(a)(1)(A)(i). (2) As to his Monell claim, plaintiff alleges both that NYPD officers routinely falsify narcotics arrests and that the NYPD covers up this misconduct and fails to provide appropriate training to prevent it. For the reasons stated by the City at #24 , and following Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009), plaintiff's reliance on unproven allegations in other complaints, unidentified media coverage, and a reference to unspecified anecdotal evidence in a 2009 opinion by another district court is not sufficient to state a Monell claim. Plaintiff's request, in the alternative, for leave to amend following discovery is denied because discovery is not a means for curing a facially deficient pleading. (3) Plaintiff's state law claims against the City for negligent screening, hiring, retention, training, and supervision must also be dismissed because these claims are unavailable where, as here, the employee is alleged to have acted within the scope of his employment. See Caravalho v. City of New York, No. 13 Civ. 4174 (PKC) (MHD), 2016 WL 1274575, at *22 (S.D.N.Y. Mar. 31, 2016). Finally, there is no private right of action under the New York State Constitution for claims that are remediable under Section 1983 or other state laws, so this claim, too, is dismissed. See Dava v. City of New York, No. 15 Civ. 08575 (ALC), 2016 WL 4532203, at *10 (S.D.N.Y. Aug. 29, 2016). The Clerk of Court is directed to update the docket to reflect the dismissal of defendant City of New York. In addition, Corporation Counsel should file a notice of appearance on behalf of defendants Moyer and Ryan if, in fact, they are represented by Corporation Counsel. Ordered by Judge Eric N. Vitaliano on 10/17/2016. (Rice, Liane)
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| Filing 24 MEMORANDUM in Opposition re #23 Response to Order to Show Cause filed by City of New York, Clive Moyer, John Ryan, Dmitriy Shery. (Attachments: #1 Appendix) (Fudim, Elissa) |
| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE by Luis Gondola (Klein, Brett) |
| Filing 22 SUMMONS Returned Executed by Luis Gondola. Clive Moyer served on 8/12/2016, answer due 9/2/2016. (Klein, Brett) |
| Filing 21 SUMMONS Returned Executed by Luis Gondola. John Ryan served on 8/10/2016, answer due 8/31/2016. (Klein, Brett) |
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ORDER denying #15 Motion for Pre Motion Conference. Defendants' #15 request for a pre-motion conference is denied and their request to move for partial dismissal of the #14 amended complaint is denied. Defendants did not seek dismissal of plaintiffs' false arrest, malicious prosecution, failure to intervene and right to a fair trial claims. Concerning the supervisory liability claim against Sergeant Ryan, the pleadings sufficiently allege his personal involvement in the purportedly unlawful acts, and the motion to dismiss this claim is denied. See Bah v. City of New York, No. 13 Civ. 6690 (PKC) (KNF), 2014 WL 1760063, at *9 (S.D.N.Y. May 1, 2014). Further, plaintiff is ordered to show cause in writing, on or before 9/8/2016, as to why 1) the malicious abuse of process claim should not be dismissed for failure to plead a collateral action taken after the issuance of process, see Walker v. City of New York, No. 14 Civ. 808 (ER), 2015 WL 4254026, at *4 (S.D.N.Y. July 14, 2015), 2) the Monell claim should not be dismissed for relying on general remarks and unspecified and unproven allegations in other complaints, see Connick v. Thompson, 563 U.S. 51, 62, 131 S. Ct. 1350, 1360, 179 L. Ed. 2d 417 (2011) (finding that "a pattern of similar constitutional violations by untrained employees" is typically necessary to state a Monell claim for failure to train, and four prior instances of Brady violations did not put the defendant on notice of the need for training "with respect to the sort of Brady violation at issue here," due to their dissimilar facts); O'Neal v. City of New York, No. 14 Civ. 7649 (JGK), 2016 WL 4035522, at *10 (S.D.N.Y. July 22, 2016); Marom v. City of New York, No. 15 Civ. 2017 (PKC), 2016 WL 916424, at *22 (S.D.N.Y. Mar. 7, 2016); Collins v. City of New York, 923 F. Supp. 2d 462, 479 (E.D.N.Y. 2013), 3) the negligence claim against the individual defendants should not be dismissed because plaintiff's allegations are "only consistent with a theory of intentional, or perhaps reckless, conduct," Lozada v. Weilminster, 92 F. Supp. 3d 76, 107 (E.D.N.Y. 2015) (quoting Eze v. City Univ. of N.Y. at Brooklyn Coll., No. 11 Civ. 2454 (JG), 2011 WL 6780652, at *6 (E.D.N.Y. Dec. 27, 2011)); compare Eze, 2011 WL 6780652, at *6 (dismissing a negligence claim where the plaintiff had pled only intentional conduct), with Smith v. City of New York, No. 12 Civ. 4922 (NRB), 2015 WL 4643125, at *1 (S.D.N.Y. Aug. 5, 2015) (allowing a negligence claim in the alternative where it was supported by the defendants' version of events); Hodge v. Vill. of Southampton, 838 F. Supp. 2d 67, 89 (E.D.N.Y. 2012) (same, where "a jury could reasonably conclude that any alleged contact by moving the door was either intentional or inadvertent"), and 4) if the Monell claim is dismissed, with no federal claims remaining against the City, the pendant state claims should not be dismissed without prejudice to their renewal in a state court of appropriate jurisdiction. Defendants are to file a response by 9/15/2016. Ordered by Judge Eric N. Vitaliano on 8/19/2016. (Rice, Liane)
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| Filing 20 Summons Issued as to John Ryan. (Galeano, Sonia) |
| Filing 19 Summons Issued as to Clive Moyer. (Galeano, Sonia) |
| Filing 18 Proposed Summons. Re #14 Amended Complaint by Luis Gondola (Klein, Brett) |
| Filing 17 Proposed Summons. Re #14 Amended Complaint by Luis Gondola (Klein, Brett) |
| Filing 16 RESPONSE in Opposition re #15 MOTION for pre motion conference filed by Luis Gondola. (Klein, Brett) |
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ORDER. Plaintiff is to file a response to #15 by 8/1/2016, in accordance with this Court's Individual Rules. Ordered by Judge Eric N. Vitaliano on 7/26/2016. (Rice, Liane)
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| Filing 15 MOTION for pre motion conference by City of New York, Dmitriy Shery. (Attachments: #1 Appendix) (Fudim, Elissa) |
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ORDER denying #10 Motion for Pre Motion Conference. The #10 request for a premotion conference for a motion to dismiss the #1 Complaint is denied without prejudice in light of the filing of #14 Amended Complaint. If defendants wish to renew the motion, they are to do so by 7/27/2016 and plaintiff may respond by 8/3/2016. Ordered by Judge Eric N. Vitaliano on 7/20/2016. (Rice, Liane)
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| Filing 14 AMENDED COMPLAINT against City of New York, John and Jane Doe 1-10, Dmitriy Shery, John Ryan, Clive Moyer, filed by Luis Gondola. (Klein, Brett) |
| Filing 13 Joint MOTION for Protective Order by City of New York, Joseph Ryan, Dmitriy Shery. (Fudim, Elissa) |
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ORDER granting #13 Motion for Protective Order and entering the parties' stipulation as an Order of the Court. Ordered by Magistrate Judge Steven M. Gold on 6/30/2016. (Gold, Steven)
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| Filing 12 Minute Entry: Initial Conference Hearing held on 5/12/2016 before Magistrate Judge Steven M. Gold: Klein for plaintiff, Fudim for defendants. The case management schedule proposed by the parties, calling for Rule 26(a)(1) disclosures to be exchanged by May 24, amended pleadings to be filed by July 11, and fact discovery to be concluded by November 11, is approved. THE COURT WILL HOLD A STATUS AND SETTLEMENT CONFERENCE AT 10:00 AM ON DECEMBER 1, 2016. The parties shall be prepared (1) to state their respective positions on settlement, with principals WITH FULL SETTLEMENT DECISION-MAKING AUTHORITY (UP TO THE AMOUNT LAST DEMANDED FOR DEFENDANTS, DOWN TO THE AMOUNT LAST OFFERED FOR PLAINTIFFS) PRESENT OR AVAILABLE BY TELEPHONE THROUGHOUT THE CONFERENCE, (2) to articulate the basis for any anticipated summary judgment motions and to be familiar with any premotion conference procedures required by the district judge presiding over the case, and (3) to state whether they will agree to assignment of this case to a magistrate judge for all purposes, including jury trial and entry of final judgment. Counsel are encouraged to file a written application requesting a settlement conference on an earlier date if they believe it might be productive to do so. (Richardson, Jacqueline) |
| Filing 11 RESPONSE in Opposition re #10 MOTION for pre motion conference in contemplation of partial motion to dismiss filed by Luis Gondola. (Klein, Brett) |
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ORDER. Plaintiff is to file a response to #10 by 4/27/2016, in accordance with this Court's Individual Rules. Ordered by Judge Eric N. Vitaliano on 4/21/2016. (Rice, Liane)
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| Filing 10 MOTION for pre motion conference in contemplation of partial motion to dismiss by City of New York, Joseph Ryan, Dmitriy Shery. (Fudim, Elissa) |
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Filing 9
SCHEDULING ORDER: An in-person initial conference will be held at 11:00 a.m. on May 11, 2016 before the undersigned in Courtroom 13-D South. Counsel are directed to refer to and comply with the attached Order. So Ordered by Magistrate Judge Steven M. Gold on 3/2/2016. (Attachments: #1 Chambers Individual Rules) (Vasquez, Lea)
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| Filing 8 SUMMONS Returned Executed by Luis Gondola. Dmitriy Shery served on 2/10/2016, answer due 4/22/2016. (Klein, Brett) |
| Filing 7 SUMMONS Returned Executed by Luis Gondola. Joseph Ryan served on 2/9/2016, answer due 4/22/2016. (Klein, Brett) |
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ORDER granting #6 Motion for Extension of Time to Answer City of New York answer due 4/22/2016; Joseph Ryan answer due 4/22/2016; Dmitriy Shery answer due 4/22/2016. So Ordered by Magistrate Judge Steven M. Gold on 2/12/2016. (Vasquez, Lea)
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| Filing 6 MOTION for Extension of Time to File Answer by City of New York. (Fudim, Elissa) |
| Filing 5 SUMMONS Returned Executed by Luis Gondola. City of New York served on 2/2/2016, answer due 2/23/2016. (Klein, Brett) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to City of New York, Joseph Ryan, Dmitriy Shery. (Attachments: #1 Ryan summons, #2 Shery summons) (Bowens, Priscilla) |
| Case assigned to Judge Eric N. Vitaliano and Chief Mag. Judge Steven M. Gold. 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. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against City of New York, John and Jane Doe 1-10, Joseph Ryan, Dmitriy Shery filing fee $ 400, receipt number 0207-8323057 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Luis Gondola. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons City of New York, #3 Proposed Summons Dmitriy Shery, #4 Proposed Summons Joseph Ryan) (Klein, Brett) |
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