Palmer et al v. The City of New York et al
| SHARON PALMER and Kingsley Palmer |
| E 40 BUYERS IG, LLC, ELLIOT COLON, Frank Singh, Stephen Samuel Weintraub, the City of New York (New York Police Department), Reggie, The City of New York, Inspector Elliot Colon, Ramos, John Doe #1-2, Police Officer Ramos, Adam Giaclaone and Nicholas Cardieri |
| 1:2019cv05542 |
| October 1, 2019 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Rachel P Kovner |
| Cheryl L Pollak |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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ELECTRONIC SCHEDULING ORDER: Status Conference set for 6/12/2023 at 3:15 PM before Magistrate Judge Cheryl L. Pollak. Conference to proceed via AT&T conference call. Please dial 877-336-1839 at 3:15 PM. Enter access code 380-1746 and security code 19-5542. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/16/2023. (MK)
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Filing 61
MEMORANDUM AND ORDER: For the reasons set out in the attached memorandum, defendants #38 motion to dismiss plaintiffs remaining state law claims based on failure to file a notice of claim is denied. Plaintiffs state-law claims against Officer Ramos may proceed. However, Plaintiffs claims against Inspector Colon based upon respondeat superior are dismissed. Ordered by Judge Rachel P. Kovner on 5/15/2023. (SDC)
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| Filing 60 REPLY in Support of Defendants' Motion to Dismiss filed by Elliot Colon, Ramos. (Murray, James) |
| Filing 59 MEMORANDUM in Opposition re #57 Memorandum in Opposition correcting the captions to delete certain parties filed by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
| Filing 58 MEMORANDUM in Support re Order on Motion for Extension of Time to File, #54 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, filed by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
| Filing 57 MEMORANDUM in Opposition re Order on Motion for Extension of Time to File, #54 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, filed by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
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ORDER: Plaintiffs' motion #56 for an extension of time to file in response to the Courts directives at is granted. Plaintiffs shall file their letter by October 25, 2021. Ordered by Judge Rachel P. Kovner on 10/22/2021. (Andrews, Stephen)
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| Filing 56 First MOTION for Extension of Time to File response to the Court's directives until October 25, 2021 by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
| Filing 55 Letter Regarding Defendants' Position on Notice of Claim Issue by Elliot Colon, Ramos (Murray, James) |
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ORDER DISMISSING PARTIES: In light of the order at #54 , the caption is amended to reflect that defendants the City of New York and Stephen Samuel Weintraub have been dismissed from this action. Ordered by Judge Rachel P. Kovner on 10/1/2021. (SK)
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Filing 54
ORDER regarding motions to dismiss at #37 and #38 : For the reasons set out in the attached memorandum and order, plaintiffs' claim of a violation of an automatic bankruptcy stay is dismissed as to all defendants based on lack of subject-matter jurisdiction. Plaintiffs' claims for malicious prosecution, for state constitutional torts, and for intentional infliction of emotional distress are dismissed as to defendants Weintraub, the City of New York, Inspector Colon, and Officer Ramos. Plaintiffs' remaining claims against Weintraub and against the City of New York are dismissed in their entirety. Weintraub and the City of New York are accordingly dismissed from this case. Plaintiffs' claims for the deprivation of property without due process and for conspiracy under Section 1983 are dismissed. Plaintiffs' claims for false arrest, for assault and battery, and for conversion based on the loss of personal property may proceed for now. Plaintiffs' surviving state-law claims may also proceed against Inspector Colon for now under a theory of respondeat superior. Plaintiffs and the remaining City Defendants are directed to file supplemental letters within 21 days regarding plaintiffs' surviving state-law claims, in compliance with the attached order. Ordered by Judge Rachel P. Kovner on 9/30/2021. (SK)
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ORDER: Defendant Weintraub's motion for sanctions at #53 is denied. Weintraub has not complied with Federal Rule of Civil Procedure 11. That rule requires a party to serve its adversary with notice of a motion for sanctions at least 21 days before filing the motion. Weintraub contends that he gave notice as part of his motion to dismiss at #37 . But that notice does not satisfy Rule 11 because a notice for sanctions must be served separately from any other motion. Wright & Miller, 5A Fed. Prac. & Proc. Civ. 1337.1 (4th ed. 2021) (explaining that service of a notice does not satisfy Rule 11 "if the motion served on the offending party is not itself separate from any other motion"); see Diamonds.net LLC v. Idex Online, Ltd., 254 F.R.D. 475, 476 (S.D.N.Y. 2008). In the event that Weintraub elects to re-file his motion after giving the required notice, Weintraub should explain why his motion is being filed at this stage of the case. The Advisory Committee Notes to Rule 11 state that "[a] party seeking sanctions should give notice to the court and the offending party promptly upon discovering a basis for doing so." Here, the assertedly sanctionable pleadings -- the complaint and amended complaint -- were filed 10 months ago and 20 months ago, respectively. Weintraub filed his motion to dismiss nine months ago. Insofar as Weintraub is seeking sanctions based on asserted legal deficiencies in the pleadings, Weintraub should explain why a motion was not filed at an earlier date. Insofar as Weintraub is attacking the factual basis for plaintiff's complaint, Weintraub may wish to consider whether his motion is premature. See Wright & Miller, 5A Fed. Prac. & Proc. Civ. 1337.1 (4th ed. 2021) ("[I]f the challenged conduct is that there is no factual support for the institution of the action itself... the question of whether there has been a Rule 11 violation generally should not be decided until after the litigation is completed."). Ordered by Judge Rachel P. Kovner on 7/29/2021. (Kahwash, Sarah)
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| Filing 53 MOTION for Sanctions Against Plaintiffs and Plaintiffs' Counsel by Stephen Samuel Weintraub. (Attachments: #1 Memorandum in Support of Motion for Sanctions, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Panny, Samantha) |
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ORDER regarding #52 letter by defendant Weintraub. Defendant may file a motion under Federal Rule of Civil Procedure 11 without requesting a pre-motion conference. Ordered by Judge Rachel P. Kovner on 6/27/2021. (Kahwash, Sarah)
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| Filing 52 Letter seeking clarity on Practice Rules by Stephen Samuel Weintraub (Panny, Samantha) |
| Filing 51 STATUS REPORT Regarding Discovery by Elliot Colon, Ramos, The City of New York (Murray, James) |
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ORDER granting #48 consent motion to stay discovery pending the resolution of defendants' motions to dismiss. Ordered by Judge Rachel P. Kovner on 12/13/2020. (Kahwash, Sarah)
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| Filing 50 Letter to the Hon. Judge consenting to the abeyance of discovery pending adjudication of the pending motions by Kingsley Palmer, Sharon Palmer (Dahiya, Karamvir) |
| Filing 49 REPLY in Support re #37 Notice of MOTION to Dismiss for Failure to State a Claim to dismiss Complaint as to Stephen Weintraub filed by Stephen Samuel Weintraub. (Panny, Samantha) |
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ORDER: Plaintiffs are directed to file a response to defendants' motion to stay discovery at #48 by 12/11/2020. Ordered by Judge Rachel P. Kovner on 11/25/2020. (Kahwash, Sarah)
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| Filing 48 Letter MOTION to Stay Discovery Pending the Resolution of City Defendants' and Defendant Weintraub's Motions to Dismiss by Elliot Colon, Ramos, The City of New York. (Murray, James) |
| Filing 47 REPLY in Support re #38 MOTION to Dismiss for Failure to State a Claim filed by Elliot Colon, Ramos, The City of New York. (Murray, James) |
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ORDER granting #46 motion for extension of time to file reply. Defendant Stephen Weintraub may file a reply by 11/30/2020. Ordered by Judge Rachel P. Kovner on 11/23/2020. (Kahwash, Sarah)
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| Filing 46 First MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply, to file Reply to Plaintiffs' Opposition and in further support of Attorney Weintraub's Motion to Dismiss by Stephen Samuel Weintraub. (Panny, Samantha) |
| Filing 45 MEMORANDUM in Opposition re #37 Notice of MOTION to Dismiss for Failure to State a Claim to dismiss Complaint as to Stephen Weintraub filed by Kingsley Palmer, Sharon Palmer. (Attachments: #1 Exhibit A OSC) (Dahiya, Karamvir) |
| Filing 44 MEMORANDUM in Opposition re #40 Memorandum in Support,,,, #39 Declaration, #38 MOTION to Dismiss for Failure to State a Claim filed by Kingsley Palmer, Sharon Palmer. (Attachments: #1 Exhibit A Order to Show Cause, #2 Exhibit B Police corruption) (Dahiya, Karamvir) |
| ELECTRONIC ORDER granting #43 Motion for Extension of Time to Complete Discovery. Plaintiffs' unopposed request for two additional weeks to serve document requests and interrogatories and respond to the City's requests is granted. So Ordered by Chief Magistrate Cheryl L. Pollak on 11/9/2020. (Moon, Chloe) |
| Filing 43 MOTION for Extension of Time to Complete Discovery Request to Magistrate Judge by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
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ORDER granting #42 consent motion for extension of time to file: Plaintiffs shall file their responses to defendants' motions to dismiss by 11/9/2020. Defendants' replies, if any, are due 11/23/2020. Ordered by Judge Rachel P. Kovner on 10/29/2020. (Kahwash, Sarah)
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| Filing 42 Consent MOTION for Extension of Time to File Response/Reply as to #37 Notice of MOTION to Dismiss for Failure to State a Claim to dismiss Complaint as to Stephen Weintraub, #40 Memorandum in Support,,,, #39 Declaration, #38 MOTION to Dismiss for Failure to State a Claim by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
| Filing 41 NOTICE of Appearance by Samantha Panny on behalf of Stephen Samuel Weintraub (aty to be noticed) (Panny, Samantha) |
| Filing 40 MEMORANDUM in Support of Motion to Dismiss filed by Elliot Colon, Ramos, The City of New York. (Attachments: #1 Exhibit Exhibit A-Plaintiffs' Initial Complaint, #2 Exhibit Exhibit B-Plaintiffs' First Amended Complaint, #3 Exhibit Exhibit C-Plaintiffs' Mortgage Agreement, #4 Exhibit Exhibit D-Foreclosure Proceeding Summons and Complaint, #5 Exhibit Exhibit E-Judgment of Foreclosure, #6 Exhibit Exhibit F-Report of Sale at Public Auction, #7 Exhibit Exhibit G-Deed, #8 Exhibit Exhibit H-Vacatur Action Summons and Complaint, #9 Exhibit Exhibit I-Vacatur Action Decision and Order, #10 Exhibit Exhibit J-Holdover Proceeding Decision and Order, #11 Exhibit Exhibit K-Final Order in Holdover Proceeding, #12 Exhibit Exhibit L-Order to Show Cause, #13 Exhibit Exhibit M-Plaintiff Kingsley Palmer's June 20, 2019 Bankruptcy Petition, #14 Exhibit Exhibit N-Motion to Extend Automatic Stay, #15 Exhibit Exhibit O-Notice of Deficient Filing, #16 Exhibit Exhibit P-Bankruptcy Docket, #17 Exhibit Exhibit Q-Bankruptcy Schedule, #18 Exhibit Exhibit R-SPRINT Report, #19 Exhibit Exhibit S-Certificate of Disposition) (Murray, James) |
| Filing 39 DECLARATION in Support of City Defendants' Motion to Dismiss by Elliot Colon, Ramos, The City of New York (Murray, James) |
| Filing 38 MOTION to Dismiss for Failure to State a Claim by Elliot Colon, Ramos, The City of New York. (Murray, James) |
| Filing 37 Notice of MOTION to Dismiss for Failure to State a Claim to dismiss Complaint as to Stephen Weintraub by Stephen Samuel Weintraub. (Attachments: #1 Memorandum in Support, #2 Declaration of Rachel Aghassi, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Affidavit in Support of Stephen Weintraub, #8 Affidavit in Support of Marc Aronson, #9 Certificate of Service) (Aghassi, Rachel) |
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ORDER granting in part and denying in part #36 motion for leave to file excess pages. The City Defendants are granted up to five additional pages for their motion to dismiss moving brief. Ordered by Judge Rachel P. Kovner on 10/8/2020. (Yaffe, Leah)
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| Filing 36 MOTION for Leave to File Excess Pages in City Defendants' Forthcoming Motion to Dismiss by Elliot Colon, Ramos, The City of New York. (Murray, James) |
| MINUTE ENTRY for Status Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 10/6/2020. Appearance for plaintiff: Karamvir Dahiya. Appearance for defendant: James Murray \ Rachel Aghassi \ Samantha Panny (no notice of appearance filed - COUNSEL MUST FILE A NOTICE OF APPEARANCE). Plaintiff is given 30 days to serve responses to City's discovery requests and serve own document requests and interrogatories, along with initial disclosures. Parties are to meet and confer on the identity of the 4th officer. Non-City defendants are to serve discovery requests in 30 days after receipt of plaintiff's initial disclosures. Plaintiff's response is due 30 days thereafter. Absent an order from the District Judge, discovery shall proceed. Status report due in 90 days - 1/7/2021. (Caggiano, Diana) |
| Filing 35 Letter MOTION to Stay Discovery by Stephen Samuel Weintraub. (Aghassi, Rachel) |
| Filing 34 SUMMONS Returned Executed by Sharon Palmer, Kingsley Palmer. (Dahiya, Karamvir) |
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ORDER regarding #24 motion to dismiss and #32 amended complaint. Plaintiffs filed an amended complaint at #32 that includes two new defendants and several new claims, including new claims with respect to defendant Stephen Weintraub. Mr. Weintraub's #24 motion to dismiss the complaint is denied as moot because it is not directed to the operative complaint. Mr. Weintraub may move to dismiss the amended complaint by filing a motion on the schedule set out in this Court's minute entry for the pre-motion conference held on 8/24/2020. In addition, the #32 amended complaint continues to list as defendants E 40 Buyers IG, LLC and Frank Singh, despite plaintiffs' failure to comply with this Court's order that they file proof of service on those defendants by 8/28/2020. Plaintiffs are directed to file proof of service on E 40 Buyers IG, LLC and Frank Singh no later than 9/16/2020. Finally, plaintiffs' counsel is reminded that he will need to timely serve the newly-added defendants. Ordered by Judge Rachel P. Kovner on 9/14/2020. (Yaffe, Leah)
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| Filing 33 EXHIBIT to the amended complaint by Kingsley Palmer, Sharon Palmer. Related document: #32 Amended Complaint filed by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
| Filing 32 AMENDED COMPLAINT against Elliot Colon, E 40 Buyers IG, LLC, Ramos, Reggie, The City of New York, Stephen Samuel Weintraub, Adam Giaclaone, Nicholas Cardieri, filed by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) Modified on 9/14/2020 to correct clerical error - added newly appearing defendants (Lee, Tiffeny). (Entered: 09/14/2020) |
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Minute entry and order for teleconference held before Judge Rachel P. Kovner on 8/24/2020. Karamvir Dahiya appeared for plaintiffs. James Murray and Melissa Wachs appeared for defendants City of New York, Inspector Elliot Colon, and Officer Ramos (the "City Defendants"). Rachel Aghassi appeared for defendant Stephen Weintraub. Plaintiffs will file proof of service on defendants E 40 Buyers IG, LLC and Frank Singh by 8/28/2020. Plaintiffs will file an amended complaint by 9/11/2020. If City Defendants still wish to file a motion to dismiss after reviewing the amended complaint, they shall file their motion by 10/9/2020. Plaintiffs' response will be due 10/30/2020, and the City Defendants' reply, if any, will be due 11/13/2020. If the amended complaint adds new claims against defendant Weintraub, and defendant Weintraub seeks dismissal of those claims, he may file a revised motion to dismiss on the same schedule as the City Defendants. Ordered by Judge Rachel P. Kovner on 8/24/2020. (Court Reporter Lisa Schmid)
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| Filing 31 REPLY in Support re #24 Notice of MOTION to Dismiss for Failure to State a Claim upon which Relief Can be Granted filed by Stephen Samuel Weintraub. (Aghassi, Rachel) |
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ORDER granting #27 motion for a pre-motion conference. A pre-motion conference is set for 8/24/2020 at 1:00 p.m. and will be held by telephone. To join the teleconference, the parties are instructed to call (888) 278-0296 and type in the access code 2012636. Ordered by Judge Rachel P. Kovner on 7/21/2020. (Chan, Tsz)
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| Filing 30 Letter responding to the city by Kingsley Palmer, Sharon Palmer (Dahiya, Karamvir) |
| Filing 29 MEMORANDUM in Opposition re #24 Notice of MOTION to Dismiss for Failure to State a Claim upon which Relief Can be Granted filed by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
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ORDER: Plaintiffs are directed to respond to the defendants' #27 request for a pre-motion conference by 7/17/2020, in accordance with the Court's Individual Rule IV(A). Ordered by Judge Rachel P. Kovner on 7/10/2020. (Yaffe, Leah)
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| MINUTE ENTRY for Initial Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 6/30/2020. Appearance for plaintiff: Karamvir Dahiya. Appearance for defendant: Rachel Aghassi / James Murray / Melissa Wachs (no notice of appearance as to Wachs). Parties to exchange initial disclosures in 30 days (8/1/2020). Parties to exchange document requests and interrogatories by 9/1/2020 responses 10/1/2020. Status Conference set for 10/6/2020 @ 10:45 AM. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:45 AM. Enter Access code: 380-1746 and security code: 19-5542. (Caggiano, Diana) |
| ELECTRONIC ORDER re #28 : The conference set for today at 11:15 AM will proceed as scheduled. Please dial 877-336-1839 at 11:15 AM. Enter Access code: 380-1746 and security code: 19-5542. So Ordered by Chief Magistrate Cheryl L. Pollak on 6/30/2020. (Hazelwood, John) |
| Filing 28 Joint MOTION to Adjourn Conference Currently Scheduled for June 30, 2020, MOTION to Stay Discovery by Elliot Colon, Ramos, The City of New York. (Murray, James) |
| Filing 27 Letter MOTION for pre motion conference by Elliot Colon, Ramos, The City of New York. (Murray, James) |
| Filing 26 Letter Responding to the Court's January 31, 2020 Order by Elliot Colon, Ramos, The City of New York (Murray, James) |
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ORDER granting #25 motion for extension of time to file. Plaintiff's response to the motion to dismiss is due by 7/10/2020. Defendant's reply, if any, is due by 7/24/2020. Ordered by Judge Rachel P. Kovner on 6/25/2020. (Chan, Tsz)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File,,, by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
| Filing 24 Notice of MOTION to Dismiss for Failure to State a Claim upon which Relief Can be Granted by Stephen Samuel Weintraub. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of Rachel Aghassi, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Affidavit in Support of Stephen Weintraub, #7 Affidavit in Support Marc Aronson, #8 Certificate of Service) (Aghassi, Rachel) |
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ORDER granting #22 and #23 motions for extension of time to file. Defendant Weintraub's motion to dismiss is due by 5/26/2020. Plaintiffs' opposition brief is due by 6/25/2020, and defendant's reply, if any, is due by 7/9/2020. Ordered by Judge Rachel P. Kovner on 5/15/2020. (Yaffe, Leah)
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| Filing 23 Letter MOTION for Extension of Time to File Motion to Dismiss by Stephen Samuel Weintraub. (Aghassi, Rachel) |
| Filing 22 Letter MOTION for Extension of Time to File Motion to Dismiss by Stephen Samuel Weintraub. (Aghassi, Rachel) |
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ORDER denying #18 motion for a pre-motion conference. The Court has determined that a pre-motion conference is not necessary for this motion. Defendant Stephen Weintraub is directed to file his motion to dismiss by 5/11/2020. The plaintiffs' opposition brief is due by 6/10/2020, and the defendant's reply, if any, is due by 6/24/2020. Ordered by Judge Rachel P. Kovner on 4/09/2020. (Yaffe, Leah)
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| Filing 21 Letter in response to Weibtraub premotion letter by Kingsley Palmer, Sharon Palmer (Dahiya, Karamvir) |
| ELECTRONIC ORDER re #19 : On 3/27/2020, this Court granted the City defendants' request and issued a stay in this action for 90 days to allow the City time to investigate and prepare an Answer. That Order also stayed all discovery in the case. On 3/27/20, defendant Stephen S. Weintraub, Esq. objected to the stay because he wished to file a pre-motion conference request. This Court then entered an Order indicating that discovery was stayed but any pre-motion conference requests should be addressed to the District Judge. To clarify: the City's time to answer and all discovery in this matter is stayed until 6/26/2020; the stay order does not affect defendant Weintraub's ability to seek a pre-motion conference in accordance with the District Judge's rules. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/5/2020. (Hazelwood, John) |
| ELECTRONIC ORDER re #20 : The Court's Order of 3/27/2020, which granted the City's request for a stay, pertains only to discovery matters. Any requests regarding defendant's motion to dismiss should be directed to Judge Kovner. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/30/2020. (Hazelwood, John) |
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ORDER: Defendant Stephen Weintraub filed the #18 request for a pre-motion conference on 3/16/2020. Pursuant to Rule IV.A. of this Court's Individual Rules, the plaintiffs' response letter was due on 3/23/2020. The plaintiffs are directed to file a response to the defendant's pre-motion conference request by 4/6/2020. The letter should not exceed three pages. Ordered by Judge Rachel P. Kovner on 3/30/2020. (Yaffe, Leah)
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| Filing 20 Letter MOTION for Reconsideration re Order on Motion to Stay,, Terminate Hearings,, Scheduling Order, to modify order by Stephen Samuel Weintraub. (Aghassi, Rachel) |
| ELECTRONIC ORDER re #19 : Request for stay granted. The previously scheduled Initial Conference, set for 5/5/2020, is adjourned to 6/30/2020 at 11:15 AM before Chief Magistrate Cheryl L. Pollak. The Initial Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 11:15 AM. Enter Access code: 380-1746 and security code: 19-5542. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/27/2020. (Hazelwood, John) |
| Filing 19 Consent MOTION to Stay by The City of New York. (Murray, James) |
| Filing 18 Letter MOTION for pre motion conference to dismiss Complaint as to Stephen Weintraub by Stephen Samuel Weintraub. (Aghassi, Rachel) |
| Filing 17 ENDORSED ORDER granting #16 Motion for Extension of Time to Answer. So Ordered by Chief Magistrate Cheryl L. Pollak on 2/18/2020. (Hazelwood, John) |
| Filing 16 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Stephen Samuel Weintraub. (Aghassi, Rachel) |
| Filing 15 NOTICE of Appearance by Rachel Aghassi on behalf of Stephen Samuel Weintraub (aty to be noticed) (Aghassi, Rachel) |
| Filing 14 ENDORSED LETTER ORDER granting #12 Motion for Extension of Time to File. So Ordered by Chief Magistrate Cheryl L. Pollak on 2/14/2020. (Caggiano, Diana) |
| Filing 13 SUMMONS Returned Executed by Kingsley Palmer, Sharon Palmer. Elliot Colon served on 1/14/2020, answer due 4/6/2020; E 40 Buyers IG, LLC served on 1/14/2020, answer due 4/6/2020; Ramos served on 1/14/2020, answer due 4/6/2020; Reggie served on 1/14/2020, answer due 4/6/2020; The City of New York served on 1/14/2020, answer due 4/6/2020. (Dahiya, Karamvir) |
| Filing 12 MOTION for Extension of Time to File serve Reggiee Frank Singh and E 40 Buyers by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
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Filing 11
SCHEDULING ORDER: An Initial Conference is set for 5/5/2020 @ 11:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/31/2020. (Caggiano, Diana)
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| Filing 10 MOTION for Extension of Time to File Answer by The City of New York. (Murray, James) |
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ELECTRONIC ORDER granting #10 : The application is granted. The City must answer or otherwise respond to the Complaint by 4/6/2020. In light of the delay occasioned by the latter ruling, the parties are Ordered as follows: (a) no later than 2/7/2020, the City's counsel must provide to the plaintiff for execution a release pursuant to N.Y.C.P.L. Sec. 160.50 with respect to the arrest at issue in the litigation, as well as release[s] authorizing the disclosure of relevant medical records if the plaintiff is seeking damages for any physical or mental injury; (b) no later than 2/14/2020, the plaintiff must execute any such release; and (c) no later than 4/8/2020, the City's counsel must provide to the plaintiff the names, shield numbers, and proper service addresses of all individual officers involved in the arrest at issue in this litigation. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/31/2020. (Caggiano, Diana)
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| Filing 9 NOTICE of Appearance by James Murray on behalf of The City of New York (aty to be noticed) (Murray, James) |
| Case Reassigned to Judge Rachel P. Kovner. Judge Frederic Block 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. (Mahoney, Brenna) |
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ELECTRONIC ORDER granting #8 Motion for Extension of Time. Time to serve extended to 02/13/2020. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/27/2019. (Phillips, Lauren)
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| Filing 8 MOTION for Extension of Time to File to serve the summons by Kingsley Palmer, Sharon Palmer. (Dahiya, Karamvir) |
| Filing 7 Summons Issued as to Elliot Colon, E 40 Buyers IG, LLC, Ramos, Reggie, The City of New York, Stephen Samuel Weintraub. (Ramesar, Thameera) |
| Filing 6 Proposed Summons. Re #1 Complaint, by Kingsley Palmer, Sharon Palmer (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Dahiya, Karamvir) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 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 Judge Frederic Block and Magistrate Judge Cheryl L. Pollak. 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 3 NOTICE of Lis Pendens by All Plaintiffs (Dahiya, Karamvir) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by SHARON PALMER, Kingsley Palmer (Dahiya, Karamvir) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11898925 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Kingsley Palmer, SHARON PALMER. (Attachments: #1 Exhibit Ex. A. Signed OSC, #2 Exhibit Ex. B. Bankruptcy filing) (Dahiya, Karamvir) |
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