Greene v. City of New York et al
| Michael Greene |
| John and Jane Does 1-5, City of New York and Emory McClaney |
| 1:2019cv00873 |
| February 14, 2019 |
| US District Court for the Eastern District of New York |
| Ramon E Reyes |
| Allyne R Ross |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
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| Filing 30 CLERK'S JUDGMENT dated 6/2/20 that this action is dismissed without prejudice for failure to prosecute and failure to comply with a court order. (Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 6/2/2020 ) (Guzzi, Roseann) |
Filing 29
ORDER ADOPTING REPORT AND RECOMMENDATIONS: This Court has received the Report and Recommendation on the instant case dated April 23, 2020 from the Honorable Ramon E. Reyes, United States Magistrate Judge, recommending sua sponte that the Court dismiss without prejudice plaintiff's action for failure to prosecute and failure to comply with a court order pursuant to Federal Rule of Civil Procedure 41. Report and Recommendations ("R&R") 1, ECF No. 27. The deadline for filing objections has passed, and no objections to Judge Reyes's findings have been filed. The Court reviews "de novo any part of the magistrate judge's disposition that has been properly objected to." Fed. R. Civ. P. 72(b); see also Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-874 (CBA)(LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011). Where no timely objections have been filed, "the district court need only satisfy itself that there is no clear error on the face of the record." Finley v. Trans Union, Experian, Equifax, No. 17-CV-0371 (LDH)(LB), 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24, 2017) (quoting Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011)). Having reviewed the record, I find no clear error. I therefore adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. 636(b)(1). Accordingly, this action is dismissed without prejudice for failure to prosecute and failure to comply with a court order. Ordered by Judge Allyne R. Ross on 6/1/2020. (Pehrsson, Emily)
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| Filing 28 Mail Returned as Undeliverable. Mail sent to Michael Greene 79 N. Oxford Walk, Apt 5D Brooklyn, NY 11205. Judge Reyes Minute entry held 4/14/20; returned as no such address. The envelope indicates 77 Not 79. Will remail today. (Guzzi, Roseann) |
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Filing 27
SUA SPONTE REPORT AND RECOMMENDATIONS re #1 Complaint filed by Michael Greene: For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that this action be dismissed without prejudice pursuant to Rule 41(b) for failure to prosecute and failure to comply with a court order. Any objections to the recommendations made in this Report must be filed with the Clerk of the Court and the Honorable Allyne R. Ross 5/7/2020. Failure to file timely objections waives the right to appeal the District Court's Order. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72; Small v. Secy of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 4/23/2020. (Meyer, Elise)
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| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 4/14/2020. Appearances: Christopher Arko, Esq. for Defendants; Pro Se Plaintiff Michael Greene did not appear. Due to Plaintiff's continued failure to appear, a report and recommendation to dismiss the case for failure to prosecute and failure to comply with a court order will be entered. (AT&T #3:32:00-3:35:00) (Meyer, Elise) Modified to change date conference was held on 4/14/2020 on 4/15/2020 (Vertus, Miriam). |
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Filing 26
RE-SCHEDULING ORDER: dated 3/25/20 that Due to the Coronavirus/COVID -19 pandemic, the in person April 9, 2020 Status Conference is rescheduled and converted to a Telephone Conference set for Tuesday, April 14, 2020 at 3:30 p.m., before Magistrate Judge Ramon E. Reyes Jr. Telephone Conference set for 4/14/2020 at 3:30 PM before Magistrate Judge Ramon E. Reyes Jr. (Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/24/2020) *copy forwarded for mailing. (Guzzi, Roseann)
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| Filing 25 AFFIDAVIT of Service for the Court's Order dated March 2, 2020 served on Michael Greene on March 3, 2020, filed by City of New York, Emory McClaney. (Arko, Christopher) |
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Filing 24
SCHEDULING ORDER: A Status Conference is scheduled for April 9, 2020 at 11:30 a.m., in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. Plaintiff Michael Greene is warned that failure to appear will result in a recommendation to the District Judge that the case be dismissed for failure to prosecute. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/2/2020. (Vertus, Miriam)
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| Filing 23 Letter regarding communication from plaintiff by City of New York, Emory McClaney (Arko, Christopher) |
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ORDER re #23 : Plaintiff Michael Greene is directed to submit documentary proof that he was arrested and incarcerated from January 29 to January 31, 2020. Absent such proof the Court will issue a report recommending that the case be dismissed for failure to prosecute and failure to follow a court order. Proof must be submitted by February 14, 2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/31/2020. (Vertus, Miriam)
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| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Status Conference held on 1/30/2020. Case called. Plaintiff Michael Greene, not present. Defendants represented by Christopher Arko, Esq. Discussions held on the record. Magistrate Judge Reyes will issue a report and recommendation to Judge Ross recommending that the case be dismissed for failure to prosecute and comply with a court order.(FTR Log #2:13:15-2:15:40.) Contact the Electronic Sound Recording Dept., at (718) 613-2590 to order the transcript. (Vertus, Miriam) |
| Filing 22 AFFIDAVIT of Service for the Court's Order entered December 13, 2019 served on Michael Greene on December 13, 2019, filed by City of New York, Emory McClaney. (Arko, Christopher) |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Status Conference held on 12/12/2019. Case called. Plaintiff Michael Greene failed to appear and did not contact the Court or defendant's counsel Christopher Arko prior to the 12/12/2019 scheduled conference. Defendant's counsel arrived on time and was prepared to proceed. The Status Conference is rescheduled for January 30, 2020 at 2:00 p.m., in Courtroom 2E North on the 2nd floor of the United States Eastern District of New York Courthouse located at 225 Cadman Plaza East, Brooklyn, NY 11201. Plaintiff is warned that if he fails to timely appear, the Court may recommend that the case be dismiss for failure to prosecute and comply with a Court's order. (FTR Log #11:46:00-11:49:09.) (Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript) (Vertus, Miriam) |
| Filing 21 Letter advising the Court that defense counsel received a voicemail from plaintiff at 11:30 a.m. today by City of New York, Emory McClaney (Arko, Christopher) |
| Filing 20 AFFIDAVIT/AFFIRMATION of service by City of New York, Emory McClaney (Arko, Christopher) |
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Filing 19
ENDORSED ORDER granting #18 Motion to Adjourn Conference. The 11/21/2019 Status Conference is adjourned to 12/12/2019 at 11:30 AM in Courtroom 2E North before Magistrate Judge Reyes at the Eastern District of New York Courthouse located at 225 Cadman Plaza East, Brooklyn, NY 11201. Counsel is directed to serve Mr. Greene with a copy of this order then file proof of service on ECF no later than 11/7/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/4/2019. (Vertus, Miriam)
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| Filing 18 MOTION to Adjourn Conference by City of New York, Emory McClaney. (Arko, Christopher) |
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Filing 17
SCHEDULING ORDER: The November 7, 2019 Status Conference is rescheduled to November 21, 2019 at 10:30 AM in Courtroom 2E North, located at U.S. District Court Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201 before Magistrate Judge Ramon E. Reyes Jr. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/1/2019. (Vertus, Miriam)
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| Filing 16 Letter in response to the Court order of October 29 by Michael Greene (Lumer, Michael) |
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ORDER re #15 Letter filed by Michael Greene. Mr. Lumer is directed to provide the Court with Mr. Greene's last know address, telephone number and email address by Friday, November 1, 2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/29/2019. (Vertus, Miriam)
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| Filing 15 Letter from Michael Lumer confirming compliance with the Court's order of September 26, 2019 by Michael Greene (Lumer, Michael) |
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ORDER terminating #14 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/26/2019. (Reyes, Ramon)
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ORDER granting #13 Motion to Withdraw as Attorney. Attorney Michael B. Lumer terminated. Plaintiff Greene is ordered to have substitute counsel file a notice of appearance by October 28, 2019, or proceed pro se. Mr. Lumer is to serve a copy of this order on plaintiff by mail and to explain to plaintiff Greene verbally his obligations hereunder. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/26/2019. (Reyes, Ramon)
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| Filing 14 MOTION to Withdraw as Attorney submitted for Court's ex parte review by Michael Greene. (Lumer, Michael) |
| Filing 13 MOTION to Withdraw as Attorney for Michael Greene by Michael Greene. (Lumer, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 9/4/2019. Appearances: Michael Lumer, Esq., for Plaintiff; Christopher Arko, Esq., for Defendants. Discussions held. Further proceedings pursuant to schedule. (FTR Log #3:20:49-3:26:18 (208N)) (Several, Emily) |
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Terminating Scheduling Order: Due to a conflict in the Court's calendar the November 7, 2019 conference is cancelled. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/6/2019. (Vertus, Miriam)
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Rescheduled Hearing: Status Conference set for 11/13/2019 at 10:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/6/2019. (Vertus, Miriam)
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| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 6/27/2019. Case called. Appearances stated on the record. The parties' Case Management Statement #12 is approved by the Court. All discovery, including depositions of experts, shall be completed on or before 12/27/2019. Final Pretrial Conference set for 1/8/2020 at 10:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., Status Conference set for 11/7/2019 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., Telephone Conference set for 9/4/2019 at 3:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled telephone conference.(FTR Log #12:36:21-12:54:49.) (Vertus, Miriam) |
| Filing 12 Proposed Scheduling Order by City of New York, Emory McClaney (Arko, Christopher) |
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SCHEDULING ORDER: Initial Conference set for 6/27/2019 at 12:30 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr., located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 6/24/2019. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/15/2019. (Vertus, Miriam)
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| Filing 11 ANSWER to #1 Complaint by City of New York, Emory McClaney. (Arko, Christopher) |
| Filing 10 SUMMONS Returned Executed by Michael Greene. Emory McClaney served on 3/4/2019, answer due 5/13/2019. (Lumer, Michael) |
| Filing 9 First MOTION for Extension of Time to File Answer by City of New York. (Arko, Christopher) |
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ORDER granting #9 Motion for Extension of Time to Answer re #9 First MOTION for Extension of Time to File Answer. Defendants shall file an answer on or before May 13, 2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 2/28/2019. (Several, Emily)
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| Filing 8 SUMMONS Returned Executed by Michael Greene. City of New York served on 2/19/2019, answer due 3/12/2019. (Lumer, Michael) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 6 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 5 Summons Issued as to City of New York, Emory McClaney. (Attachments: #1 Emory summons) (Bowens, Priscilla) |
| Filing 4 Proposed Summons. by Michael Greene (Lumer, Michael) |
| Filing 3 Proposed Summons. by Michael Greene (Lumer, Michael) |
| Filing 2 Civil Cover Sheet.. by Michael Greene (Lumer, Michael) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11198678 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Michael Greene. (Lumer, Michael) |
| Case assigned to Judge Allyne R. Ross and Magistrate Judge Ramon E. Reyes, Jr. 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) |
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