Bontemps v. New York City Department of Corrections et al
| Bontemps and Fritzgerald Bontemps |
| New York City Department of Corrections, City of New York, Richard Mandelbaum, Dr. Larry Johnson, Ms. Persaud, Patrick Figorito and John Does 1-3 |
| 1:2017cv00853 |
| February 15, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven M Gold |
| Kiyo A Matsumoto |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 1201 Civil Rights (Disability) |
| Plaintiff |
Docket Report
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| Filing 26 JUDGMENT in favor of City of New York, John Does 1-3, New York City Department of Corrections, Persaud, Larry Johnson, Patrick Figorito, Richard Mandelbaum against Fritzgerald Bontemps. That the complaint is dismissed for the reasons stated in the court's June 27, 2018 Memorandum and Order; and that this case is closed. (So Ordered by Jalitza Poveda, Deputy Clerk on 8/2/2018) c/m (Galeano, Sonia) |
ORDER. In a Memorandum and Order #25 dated June 27, 2018, the court granted defendants' motion to dismiss. Plaintiff was granted leave to file a second amended complaint within thirty days of the date of that Memorandum and Order to plead facts in support of equitable tolling. Plaintiff was warned that if he failed to timely file a second amended complaint, the complaint would be dismissed for the reasons stated in the court's Memorandum and Order #25 . More than thirty days have passed, and plaintiff has not filed a second amended complaint. Therefore, the complaint is dismissed for the reasons stated in the court's June 27, 2018 Memorandum and Order #25 . The Clerk of Court is respectfully directed to enter judgment and close the case. Ordered by Judge Kiyo A. Matsumoto on 7/31/2018. (Renzler, Katie)
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Filing 25
MEMORANDUM AND ORDER. For the reasons stated in the attached Memorandum and Order, defendants' motion to dismiss is GRANTED. Plaintiff is granted leave to file a second amended complaint within thirty (30) days of the date of this Memorandum and Order to plead facts in support of equitable tolling. If plaintiff fails to file a second amended complaint within thirty (30) days of the date of this order, the complaint will be dismissed with prejudice for the reasons provided above. All proceedings shall be stayed for 30 days. Ordered by Judge Kiyo A. Matsumoto on 6/27/2018. (Renzler, Katie)
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| Filing 24 AFFIDAVIT/DECLARATION in Opposition re #22 First MOTION to Dismiss Partially Dismiss the Amended Complaint filed by Fritzgerald Bontemps. (Attachments: #1 Exhibit Ex. A, Email Stream, #2 Affidavit Ex. B, Affidavit of Fritzgerald Bontemps) (Harris, Tamara) |
| Filing 23 REPLY in Support re #22 First MOTION to Dismiss Partially Dismiss the Amended Complaint filed by City of New York, Patrick Figorito, Larry Johnson, Richard Mandelbaum, New York City Department of Corrections, Persaud. (Grushka, Leora) |
| Filing 22 First MOTION to Dismiss Partially Dismiss the Amended Complaint by City of New York, Patrick Figorito, Larry Johnson, Richard Mandelbaum, New York City Department of Corrections, Persaud. (Grushka, Leora) |
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ORDER granting #21 Motion for Extension. Plaintiff's request for an extension to serve his opposition to the motion for summary to October 2, 2017, is GRANTED. Ordered by Judge Kiyo A. Matsumoto on 10/2/2017. (Grover, Vanish)
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| Filing 21 MOTION for Extension of Time to File Opposition to Partial Motion to Dismiss until Monday October 2,2017 by Fritzgerald Bontemps. (Harris, Tamara) |
| Filing 20 NOTICE of Appearance by Leora Grushka on behalf of City of New York, Patrick Figorito, Larry Johnson, Richard Mandelbaum, New York City Department of Corrections, Persaud (aty to be noticed) (Grushka, Leora) |
| Filing 19 Letter Regarding Proposed Briefing Schedule by Fritzgerald Bontemps (Harris, Tamara) |
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ORDER. The court adopts the briefing schedule proposed by parties in plaintiff's letter dated 7/20/17 #19 : defendants shall serve their motion to dismiss by August 25, 2017; plaintiff shall serve his opposition brief by September 29, 2017; defendants shall serve their reply, if any, by October 20, 2017; the parties shall coordinate to file their briefs on ECF in an orderly fashion on October 20, 2017, and serve two (2) courtesy copies of all motion papers on the court by October 23, 2017. Ordered by Judge Kiyo A. Matsumoto on 7/20/2017. (Grover, Vanish)
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ORDER. Plaintiff has failed to respond to the court's Order requiring the parties to propose a briefing schedule. Plaintiff is ORDERED to file a letter advising the court as to whether he consents to the schedule set out in the City's letter #17 by July 21, 2017. Ordered by Judge Kiyo A. Matsumoto on 7/20/2017. (Grover, Vanish)
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| Filing 18 Second MOTION to Adjourn Conference by City of New York, Patrick Figorito, Larry Johnson, Richard Mandelbaum, New York City Department of Corrections, Persaud. (Polivy, Brian) |
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ORDER: Granting #18 Motion to Adjourn Conference. The initial conference scheduled for July 20, 2017 is adjourned without date. Plaintiff's counsel shall contact the Court to reschedule the conference if the case survives defendant's anticipated motion to dismiss. Ordered by Magistrate Judge Steven M. Gold on 7/14/2017. (Gillespie, Saudia)
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| Filing 17 Letter by City of New York, Patrick Figorito, Larry Johnson, Richard Mandelbaum, New York City Department of Corrections, Persaud (Polivy, Brian) |
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ORDER terminating #16 Motion to Dismiss. Defendant's status letter was mistakenly uploaded to ECF as a motion to dismiss. The parties are ORDERED to submit a proposed briefing schedule on the defendant's motion to dismiss to the court by July 7, 2017. Ordered by Judge Kiyo A. Matsumoto on 7/5/2017. (Grover, Vanish)
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| Filing 16 MOTION to Dismiss by City of New York, Patrick Figorito, Larry Johnson, Richard Mandelbaum, New York City Department of Corrections, Persaud. (Polivy, Brian) |
| Filing 15 AMENDED COMPLAINT against City of New York, Patrick Figorito, John Does 1-3, Larry Johnson, Richard Mandelbaum, New York City Department of Corrections, Persaud, filed by Fritzgerald Bontemps. (Harris, Tamara) |
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ORDER: #14 Motion to Adjourn Conference is hereby GRANTED. The initial conference previously scheduled for June 15, 2017 is adjourned to July 20, 2017 at 12:00 PM in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 6/13/2017. (Gillespie, Saudia)
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| Filing 14 MOTION to Adjourn Conference by City of New York, Patrick Figorito, Larry Johnson, Richard Mandelbaum, New York City Department of Corrections, Persaud. (Polivy, Brian) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Premotion Conference held on 5/31/2017. Appearances: Tamara Harris, Esq., for plaintiff; Brian Polivy, Esq., for defendants. Discussions held regarding defendants' proposed motion to dismiss the complaint. The court ORDERED: (1) Plaintiff shall file an amended complaint by June 14, 2017; (2) The parties shall file a joint submission advising the court of how they intend to proceed by June 30, 2017; (3) Defendants shall advise the court on the status of their inquiry into the mailing and delivery of the EEOC Right to Sue letter in the June 30, 2017 joint submission. (Grover, Vanish) |
| Filing 13 RESPONSE in Opposition re #11 MOTION to Dismiss filed by Fritzgerald Bontemps. (Harris, Tamara) |
| Filing 12 MOTION to Adjourn Conference by Fritzgerald Bontemps. (Harris, Tamara) |
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ORDER granting #12 Motion to Adjourn Conference. The telephonic premotion conference scheduled for today is adjourned to May 31, 2017, at 2:00 P.M. Counsel for plaintiff shall file a premotion conference letter, not to exceed three pages, by May 30, 2017. Counsel for defendants shall coordinate a conference call and dial into the court (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 5/22/2017. (Grover, Vanish)
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ORDER. The court was advised by telephone that defendants have a conflict at 2:00 P.M. on May 31, 2017. The telephonic premotion conference is therefore rescheduled, and will begin at 3:00 P.M. on May 31, 2017. Ordered by Judge Kiyo A. Matsumoto on 5/22/2017. (Grover, Vanish)
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ORDER. On May 12, 2017, the court ordered plaintiff to file a premotion conference letter, not to exceed three pages, in response to defendants' letter #11 by May 18, 2017. Plaintiff has failed to comply with that deadline. Plaintiff is ORDERED to file a premotion conference letter, in response to defendants' letter #11 , by 12:00 P.M. on May 22, 2017. Ordered by Judge Kiyo A. Matsumoto on 5/19/2017. (Grover, Vanish)
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ORDER granting #11 request for premotion conference regarding proposed motion to dismiss. A telephonic premotion conference shall be held on May 22, 2017 at 3:00 P.M. Counsel for defendants shall coordinate a conference call and dial into the court (718-613-2180) when all parties are on the line. Counsel for plaintiff shall file a premotion conference letter, not to exceed three pages, in response by May 18, 2017. Ordered by Judge Kiyo A. Matsumoto on 5/12/2017. (Grover, Vanish)
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| Filing 11 MOTION to Dismiss by City of New York, Patrick Figorito, Larry Johnson, Richard Mandelbaum, New York City Department of Corrections, Persaud. (Polivy, Brian) |
| Filing 10 NOTICE of Appearance by Brian D. Polivy on behalf of City of New York, Patrick Figorito, Larry Johnson, Richard Mandelbaum, New York City Department of Corrections, Persaud (aty to be noticed) (Polivy, Brian) |
| Filing 9 SUMMONS Returned Executed by Fritzgerald Bontemps. (Harris, Tamara) |
| Filing 8 SUMMONS Returned Executed by Fritzgerald Bontemps. City of New York served on 2/21/2017, answer due 5/12/2017. (Harris, Tamara) |
| Filing 7 SUMMONS Returned Executed by Fritzgerald Bontemps. Patrick Figorito served on 2/16/2017, answer due 3/9/2017; John Does 1-3 served on 2/16/2017, answer due 3/9/2017; Larry Johnson served on 2/16/2017, answer due 3/9/2017; Richard Mandelbaum served on 2/16/2017, answer due 3/9/2017; New York City Department of Corrections served on 2/16/2017, answer due 5/12/2017; Persaud served on 2/16/2017, answer due 3/9/2017. (Harris, Tamara) |
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ORDER: #6 Motion for Extension of Time to Answer is hereby GRANTED. City of New York answer due 5/12/2017; New York City Department of Corrections answer due 5/12/2017. Ordered by Magistrate Judge Steven M. Gold on 3/15/2017. (Gillespie, Saudia)
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| Filing 6 MOTION for Extension of Time to File Answer by City of New York, New York City Department of Corrections. (Polivy, Brian) |
| Filing 5 NOTICE of Appearance by Brian D. Polivy on behalf of City of New York, New York City Department of Corrections (aty to be noticed) (Polivy, Brian) |
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Filing 4
SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on June 15, 2017 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff is directed to 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 3/2/2017. (Attachments: #1 Chambers Individual Rules) (Gillespie, Saudia)
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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 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Fritzgerald Bontemps. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 400, receipt number 4653111438 (Bowens, Priscilla) |
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