Panattieri et al v. City of New York et al
| Panattieri, Douglas Panattieri and Krystina Panattieri |
| City of New York, The New York City Department of Health and Mental Hygiene, Mary Travis Bassett, Norma S. Torres, New York City Animal Care and Control, Inc. and Risa Weinstock |
| 1:2016cv04733 |
| August 24, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A Matsumoto |
| Steven L Tiscione |
| Steven Tiscione |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
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This docket was last retrieved on November 18, 2016. A more recent docket listing may be available from PACER.
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Filing 19
STIPULATION AND ORDER OF DISCONTINUANCE, This action is hereby dismissed with prejudice, each party to bear its own costs. Ordered by Judge Kiyo A. Matsumoto on 11/18/2016. (Layne, Monique)
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In light of the filing of the stipulation of dismissal, the conference scheduled for December 8th is canceled. So Ordered by Magistrate Judge Steven L. Tiscione on 11/17/2016. (Vasquez, Lea)
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| Filing 18 STIPULATION of Dismissal by Mary Travis Bassett, City of New York, New York City Animal Care and Control, Inc., New York City Department of Health and Mental Hygiene, Norma S. Torres, Risa Weinstock (Horowitz, Aviva) |
| Filing 17 Letter by Mary Travis Bassett, City of New York, New York City Animal Care and Control, Inc., New York City Department of Health and Mental Hygiene, Norma S. Torres, Risa Weinstock (Horowitz, Aviva) |
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ORDER re #16 Letter regarding voluntary dismissal. Plaintiffs filed letter dated November 14, 2016, advising the court that plaintiffs are proceeding pro se and are voluntarily dismissing the case with prejudice based on a settlement with the New York City Department of Health and Mental Hygiene and New York City Animal Care and Control, Inc. Defendants are requested to file a letter advising the court of the status of the settlement, and whether or not they oppose dismissal of the action as to all defendants. Defendant New York City Department of Health and Mental Hygiene shall serve a copy of this order on pro se plaintiffs. Ordered by Judge Kiyo A. Matsumoto on 11/16/2016. (Grover, Vanish)
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| Filing 16 Letter dtd. 11/14/16 from Douglas Panattieri and Krystina Panattieri to Judge Matsumoto, requesting the dismissal of their case with prejudice because they have settled with the NYC Dept. of Health and ACC." (Layne, Monique) |
| Filing 15 NOTICE of Appearance by Thompson G. Page on behalf of Douglas Panattieri, Krystina Panattieri (aty to be noticed) (Page, Thompson) |
| Filing 14 First MOTION for Extension of Time to File Answer File TO THE AMENDED COMPLAINT by Mary Travis Bassett, City of New York, New York City Animal Care and Control, Inc., New York City Department of Health and Mental Hygiene, Norma S. Torres, Risa Weinstock. (Horowitz, Aviva) Modified on 11/1/2016 (Vasquez, Lea). |
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ORDER granting #14 Motion for Extension of Time to Answer Mary Travis Bassett answer due 11/30/2016; City of New York answer due 11/30/2016; New York City Animal Care and Control, Inc. answer due 11/30/2016; New York City Department of Health and Mental Hygiene answer due 11/30/2016; Norma S. Torres answer due 11/30/2016; Risa Weinstock answer due 11/30/2016. So Ordered by Magistrate Judge Steven L. Tiscione on 11/1/2016. (Vasquez, Lea)
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| Filing 13 AMENDED COMPLAINT against All Defendants, filed by Douglas Panattieri, Krystina Panattieri. (Rosenthal, Richard) |
| Filing 12 First MOTION for Extension of Time to Amend #1 Complaint, by Douglas Panattieri, Krystina Panattieri. (Rosenthal, Richard) |
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ORDER granting #12 Motion for Extension of Time to Amend. Plaintiffs shall file the amended complaint by October 20, 2016. Ordered by Judge Kiyo A. Matsumoto on 10/18/2016. (Grover, Vanish)
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Filing 11
SCHEDULING ORDER: An in-person initial conference will be held at 12:00 p.m. on December 8, 2016 before the undersigned in Hearing Room N324 in the North Wing. All counsel must attend. Counsel shall complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than December 6, 2016. So Ordered by Magistrate Judge Steven L. Tiscione on 10/12/2016. (Attachments: #1 Chambers Individual Rules) (Vasquez, Lea)
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| Filing 10 NOTICE of Appearance by Louise A Moed on behalf of Mary Travis Bassett, City of New York, New York City Animal Care and Control, Inc., New York City Department of Health and Mental Hygiene, Norma S. Torres, Risa Weinstock (aty to be noticed) (Moed, Louise) |
| Filing 9 RESPONSE to Motion re #8 MOTION for pre motion conference filed by Douglas Panattieri, Krystina Panattieri. (Rosenthal, Richard) |
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ORDER. In light of plaintiffs' representation to the court #9 that the parties agree a pre-motion conference would not be productive, the pre-motion conference previously scheduled for September 26, 2016 is hereby adjourned sine die. Plaintiffs shall serve an amended complaint by October 17, 2016. Ordered by Judge Kiyo A. Matsumoto on 9/21/2016. (Jacobson, Jonathan)
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ORDER. Plaintiffs contacted chambers on September 20, 2016 to seek a one-day extension to the deadline to respond to the pre-motion conference letter filed by defendants on September 15, 2016. Plaintiffs' request is GRANTED. Plaintiffs' response is due on or before September 21, 2016. Ordered by Judge Kiyo A. Matsumoto on 9/20/2016. (Jacobson, Jonathan)
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| Filing 8 MOTION for pre motion conference by Mary Travis Bassett, City of New York, New York City Animal Care and Control, Inc., New York City Department of Health and Mental Hygiene, Norma S. Torres, Risa Weinstock. (Horowitz, Aviva) |
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ORDER. Defendants' request for a pre-motion conference to address a potential motion to dismiss is GRANTED. The parties are directed to appear for a telephonic pre-motion conference on September 26, 2016 at 3:00 p.m. Defendants should initiate the call and contact chambers at 718-613-2180 when all parties are on the line. Any response to the pre-motion conference letter filed by defendants is due by September 20. Ordered by Judge Kiyo A. Matsumoto on 9/15/2016. (Jacobson, Jonathan)
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| Filing 7 Letter by Mary Travis Bassett, City of New York, New York City Animal Care and Control, Inc., New York City Department of Health and Mental Hygiene, Norma S. Torres, Risa Weinstock (Attachments: #1 Exhibit) (Horowitz, Aviva) |
| Filing 6 Summons Issued as to City of New York, New York City Animal Care and Control, Inc., New York City Department of Health and Mental Hygiene, Mary Travis Bassett, Norma S. Torres, Risa Weinstock. (Layne, Monique) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Douglas Panattieri, Krystina Panattieri (Rosenthal, Richard) |
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ORDER. The parties contacted the court by phone on August 29, 2016 to advise that plaintiffs intend to withdraw their order to show cause and request for a temporary restraining order. Defendants did not object. Accordingly, the court deems withdrawn plaintiffs' order to show cause and request for a temporary restraining order. The parties are requested to advise the court by joint letter - to be filed by September 2, 2016 - how they intend to proceed with this litgiation. At this time, plaintiff need not file the list of cases discussed at the August 24, 2016 hearing and in the court's August 25, 2016 order. Ordered by Judge Kiyo A. Matsumoto on 8/29/2016. (Jacobson, Jonathan)
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| Filing 4 NOTICE of Appearance by Aviva Yocheved Horowitz on behalf of All Defendants (aty to be noticed) (Horowitz, Aviva) |
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ORDER. Plaintiffs' counsel Rosenthal has indicated to the court that he will be unable to meet the briefing deadline provided in the court's most recent order. Accordingly, the deadline for the parties' briefs is extended to 5 p.m. on August 30, 2016. In addition, plaintiffs are directed to file a list of the principal cases upon which they intend to rely - as discussed at the August 24, 2016 hearing - as soon as possible, but no later than August 29, 2016. Plaintiffs had stated that they would file the list of cases on August 24, 2016, but failed to do so. As noted in the prior order, the court will notify the parties, after reviewing the briefing, if a second hearing is necessary. Ordered by Judge Kiyo A. Matsumoto on 8/25/2016. (Jacobson, Jonathan)
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ORDER. In light of the parties' agreement to extend the briefing schedule, the deadline for the parties' respective briefs will be 5 p.m. tomorrow, August 26, 2016. In addition, the August 26, 2016 hearing is adjourned sine die. The parties are respectfully directed to ensure that they brief the abstention issue (and any impact of the ongoing Article 78 proceeding on this action) discussed at the August 24, 2016 hearing. Should the court determine that a second hearing is necessary, the court will so advise the parties. Ordered by Judge Kiyo A. Matsumoto on 8/25/2016. (Jacobson, Jonathan)
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| 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 Unsigned Order to Show Cause by Douglas Panattieri, Krystina Panattieri (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Douglas Panattieri, Krystina Panattieri. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Memorandum in Support, #4 Proposed Order) (Exhibit C - Disk) (Bowens, Priscilla) Modified on 8/24/2016 (Bowens, Priscilla). |
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Minute Entry for TRO Hearing held on 8/24/2016 before Judge Kiyo A. Matsumoto. Richard Bruce Rosenthal appeared on behalf of the plaintiffs. The attorneys on behalf of the defendants were present, but have not yet filed an appearance. The parties addressed the nature of the relief sought and the ongoing state proceedings. The court declined to issue an injunction without further briefing. The parties are directed to brief their respective positions by 5 p.m. tomorrow, August 25, 2016. A hearing is scheduled for Friday, August 26, 2016 at 2:30 p.m. Ordered by Judge Kiyo A. Matsumoto on 8/24/2016. (Jacobson, Jonathan)
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| FILING FEE: $ 400, receipt number 4653105406 (Bowens, Priscilla) |
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