Pulice v. City of New York et al
| Salvatore Pulice |
| Police Officer Christopher McKenna, City of New York, Detective Jesse Colon, Detective Malcolm Danziger, Sgt. William Gavigan, Sgt. Richard Guerrieri, Stephanie Mazza, Police Officer Aldo Yubini, Sgt. Jeffrey Taszymowicz and Lt. Paul Montana |
| 1:2020cv00556 |
| January 31, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| I Leo Glasser |
| Civil Rights: Other |
| 42 U.S.C. Β§ 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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ORDER: The consent motion to stay #11 is granted. "In its discretion, '[a] district court may stay civil proceedings when related criminal proceedings are imminent or pending, and it will sometimes be prudential to do so.'" Plaintiffs # 1-21 v. Cty. of Suffolk, 138 F. Supp. 3d 264, 279 (E.D.N.Y. 2015) (quoting Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83, 98 (2d Cir. 2012)). The injuries complained of in this civil action form the basis for criminal proceedings currently pending. The outcome of the criminal case will affect issues in this civil case, including, but not limited to, whether Plaintiff's arrest was supported by probable cause. (See Compl., Dkt. No. #1 ΒΆ 2). Therefore, this case is stayed pending resolution of the related state criminal proceedings. The parties shall provide the Court with status reports regarding the progress of the criminal proceedings every 60 days, starting with the first status report on 5/29/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/30/2020. (Ferrara, Anthony)
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| Filing 11 Consent MOTION to Stay Civil Litigation Pending Resolution of Related Criminal Proceeding Against Plaintiff by City of New York. (Attachments: #1 Details re the Criminal Proseedings Against Plaintiff) (McQueen, Matthew) |
| Filing 10 SUMMONS Returned Executed by Salvatore Pulice. (DePaola, Samuel) Modified on 3/20/2020 to note this a duplicate filing of DE #6 . (Layne, Monique). |
| Filing 9 WAIVER OF SERVICE Returned Executed by Salvatore Pulice. Jesse Colon waiver sent on 3/5/2020, answer due 5/4/2020; Malcolm Danziger waiver sent on 3/3/2020, answer due 5/4/2020; William Gavigan waiver sent on 3/3/2020, answer due 5/4/2020; Richard Guerrieri waiver sent on 3/3/2020, answer due 5/4/2020; Stephanie Mazza waiver sent on 3/3/2020, answer due 5/4/2020; Christopher McKenna waiver sent on 3/3/2020, answer due 5/4/2020; Paul Montana waiver sent on 3/3/2020, answer due 5/4/2020; Jeffrey Taszymowicz waiver sent on 3/3/2020, answer due 5/4/2020; Aldo Yubini waiver sent on 3/3/2020, answer due 5/4/2020., SUMMONS Returned Executed by Salvatore Pulice. Jesse Colon served on 3/5/2020, answer due 5/4/2020; Malcolm Danziger served on 3/3/2020, answer due 5/4/2020; William Gavigan served on 3/3/2020, answer due 5/4/2020; Richard Guerrieri served on 3/3/2020, answer due 5/4/2020; Stephanie Mazza served on 3/3/2020, answer due 5/4/2020; Christopher McKenna served on 3/3/2020, answer due 5/4/2020; Paul Montana served on 3/3/2020, answer due 5/4/2020; Jeffrey Taszymowicz served on 3/3/2020, answer due 5/4/2020; Aldo Yubini served on 3/3/2020, answer due 5/4/2020. (DePaola, Samuel) |
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ORDER: The motion for extension of time to answer #8 is granted. All Defendants shall file an answer or otherwise respond to the Complaint by 4/23/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/1/2020. (Ferrara, Anthony)
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| Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint, by City of New York. (McQueen, Matthew) |
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Filing 7
SCHEDULING ORDER: An in-person initial conference will be held at 11:30 AM on 4/24/2020 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Plaintiff is directed to notify Defendants of this scheduling order at the time that Defendants makes an appearance in this matter. Counsel are also directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 4/24/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/20/2020. (Manson, Eddie)
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| Filing 6 SUMMONS Returned Executed by Salvatore Pulice. City of New York served on 2/11/2020, answer due 3/3/2020. (DePaola, Samuel) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 3 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Salvatore Pulice (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (DePaola, Samuel) |
| Filing 1 COMPLAINT against City of New York, Jesse Colon, Malcolm Danziger, William Gavigan, Richard Guerrieri, Stephanie Mazza, Christopher McKenna, Paul Montana, Jeffrey Taszymowicz, Aldo Yubini filing fee $ 400, receipt number ANYEDC-12323213 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Salvatore Pulice. (Attachments: #1 Exhibit NYT Articles re: NYPD corruption and false statements) (DePaola, Samuel) |
| Case assigned to Judge I. Leo Glasser and Magistrate Judge Sanket J. Bulsara. 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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