Symansky v. The New York City Police Department (NYPD)
| Brendan Symansky |
| The New York City Police Department (NYPD) and City of New York |
| 1:2019cv05572 |
| October 2, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Vera M Scanlon |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 11, 2020. A more recent docket listing may be available from PACER.
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ORDER granting #17 Plaintiff's application to dismiss this case without prejudice. The Court dismisses the action without prejudice. Although plaintiff requested additional time to amend the complaint, plaintiff never filed an amended complaint and instead moved to discontinue the action. In view of the early stage of the action, and lack of resources expended by defendant, including the fact that defendant did not have to answer or otherwise take any action in response to the complaint, dismissal without prejudice is appropriate. See Zagano v. Fordham Univ., 900 F.2d 12, 14 (2d Cir. 1990) ("Factors relevant to the consideration of a motion to dismiss without prejudice include the plaintiff's diligence in bringing the motion; any 'undue vexatiousness' on plaintiff's part; the extent to which the suit has progressed, including the defendant's effort and expense in preparation for trial; the duplicative expense of relitigation; and the adequacy of plaintiff's explanation for the need to dismiss.") In addition, there is no prejudice to defendant beyond merely having to defend the case in another potential lawsuit. See Camilli v. Grimes, 436 F.3d 120, 12324 (2d Cir. 2006) (finding that a court weighing whether or not to dismiss a case with prejudice may consider whether "'the defendant would suffer some plain legal prejudice other than the mere prospect of a second lawsuit.'" (citing Cone v. West Virginia Pulp & Paper Co., 330 U.S. 212, 217 (1947)). Accordingly, the Court dismisses the action without prejudice. Ordered by Judge Margo K. Brodie on 6/11/2020. (Brodman, Alexandra)
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| Filing 19 Letter regarding Plaintiff's Notice of Voluntary Dismissal by City of New York, The New York City Police Department (NYPD) (Minicucci, Lora) |
| Filing 18 NOTICE of Appearance by Lora Minicucci on behalf of City of New York, The New York City Police Department (NYPD) (aty to be noticed) (Minicucci, Lora) |
| Filing 17 NOTICE of Voluntary Dismissal by Brendan Symansky Pursuant to Rule 41(a)(1) (Hession, John) |
| Civil Case Terminated. (Valentin, Winnethka) |
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ORDER granting #16 Motion for Extension of Time to Amend. STATUS REPORT ORDER: Plaintiff's request for an extension of time to file the Amended Complaint is granted. Plaintiff shall file the Amended Complaint on or before 5/21/2020. Ordered by Magistrate Judge Vera M. Scanlon on 4/17/2020. (Quinlan, Krista)
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| Filing 16 Letter MOTION for Extension of Time to Amend Complaint and in response to Order of April 14, 2020 by Brendan Symansky. (Hession, John) |
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STATUS REPORT ORDER: Plaintiff failed to comply with the Court's 3/4/2020 Order. On or before 4/21/2020, Plaintiff must comply. Plaintiff's counsel is warned that failure to comply with the Court's Orders may result in sanctions. Ordered by Magistrate Judge Vera M. Scanlon on 4/14/2020. (Quinlan, Krista)
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| Filing 15 Letter MOTION for Extension of Time to Amend Complaint by Brendan Symansky. (Hession, John) |
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ORDER granting #15 Motion for Extension of Time to Amend Complaint. Plaintiff's second request for an extension of time to file the Amended Complaint is granted. Plaintiff shall file the Amended Complaint on or before March 20, 2020. Ordered by Magistrate Judge Vera M. Scanlon on 3/4/2020. (Chean, Jasmine)
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| Filing 14 Letter MOTION for Extension of Time to Amend Complaint as scheduled in the Order of January 29, 2020 by Brendan Symansky. (Hession, John) |
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ORDER granting #14 Motion for Extension of Time to Amend Complaint. Plaintiff shall file Amended Complaint on or before March 6, 2020. Ordered by Judge Margo K. Brodie on 2/24/2020. (Brodman, Alexandra)
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Filing 13
ORDER: As discussed during the 1/29/2020 conference (see attached order for additional detail and deadlines), discovery is stayed during the pendency of the motion to dismiss after the the amended complaint is filed. Ordered by Magistrate Judge Vera M. Scanlon on 1/29/2020. (Quinlan, Krista)
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| Minute Entry for proceedings held before Judge Margo K. Brodie: A pre-motion conference was held on January 29, 2020. John Hession appeared on behalf of plaintiff. Brittany Finder and Krista Gay appeared on behalf of defendant. Because the New York City Police Department is not a suable entity, the Court ordered that the City of New York be substituted for the New York City Police Department and ordered the Clerk of the Court to effect the change. For the reasons stated on the record, the Court dismissed the Complaint and granted plaintiff leave to file an amended complaint on or before February 28, 2020. Plaintiff shall notify the Court within 30 days if he chooses not to file an amended the Complaint. If Plaintiff files an amended complaint and defendant decides to move to dismiss the amended complaint, the parties shall propose a motion schedule for the motion. (Court Reporter Linda Marino.) (Brodman, Alexandra) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 1/29/2020 in courtroom 13A South. John Hession appearing for Plaintiff. Brittany Finder and Krista Gay appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:52-1:13.) (Quinlan, Krista) |
| Filing 12 Proposed Scheduling Order in Advance of Initial Conference by The New York City Police Department (NYPD) (Finder, Brittany) |
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SCHEDULING ORDER: In light of the District Court's 12/30/2019 Order, the Initial Conference is adjourned to 1/29/2020 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 12/30/2019. (Oliner, Daniel)
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SCHEDULING ORDER: Pre-motion conference set for 1/29/2020 at 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 12/30/2019. (Valentin, Winnethka)
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| Filing 11 Letter MOTION for pre motion conference to discuss proposed motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) by The New York City Police Department (NYPD). (Finder, Brittany) |
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Filing 10
ORDER granting #9 Motion for Extension of Time to File. Defendant's deadline to answer the Complaint or otherwise move is extended to 12/20/2019. SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 1/8/2020 at 12:30 PM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiff's counsel is directed to confirm with Defendant's counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 1/6/2020. 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 unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 11/7/2019. (Quinlan, Krista)
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| Filing 9 Letter MOTION for Extension of Time to File Response to Complaint by The New York City Police Department (NYPD). (Finder, Brittany) |
| Filing 8 NOTICE of Appearance by Brittany Jordan Finder on behalf of The New York City Police Department (NYPD) (aty to be noticed) (Finder, Brittany) |
| Filing 7 SUMMONS Returned Executed by Brendan Symansky. (Hession, John) |
| Filing 6 SUMMONS Returned Executed by Brendan Symansky. The New York City Police Department (NYPD) served on 10/18/2019, answer due 11/8/2019. (Hession, John) |
| Filing 5 Summons Issued as to The New York City Police Department (NYPD). (Davis, Kimberly) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Case Assigned to Judge Margo K. Brodie and Magistrate Judge Vera M. Scanlon. 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 2 Civil Cover Sheet.. by Brendan Symansky (Hession, John) |
| ***FINAL NOTICE:***Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit a completed Civil Cover Sheet answering ALL questions on the second page.. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit a completed Civil Cover Sheet answering ALL questions on the second page.. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 1 COMPLAINT against The New York City Police Department (NYPD) filing fee $ 400, receipt number ANYEDC-11904009 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Brendan Symansky. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Hession, John) |
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