Harris v. City of New York et al
| Levar Harris |
| Police Officer Reyes, Sergeant Gomez, Police Officer Kern and City of New York |
| 1:2020cv00784 |
| February 12, 2020 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Allyne R Ross |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2022. A more recent docket listing may be available from PACER.
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Costs Taxed in amount of $ 256.64 against Plaintiff, in favor of Defendants, and included in the Judgment. The deposition cost has been reduced by at the rate of $0.12 per page for the disallowed second copy, and by an additional $68.20 for disallowed appearance and word index fees. See Local Civ. R. 54.1(c)(2); Caravalho v. City of New York, 2018 WL 5312886, at *5-6 (S.D.N.Y. Oct. 26, 2018); Farberware Licensing Co. LLC v. Meyer Marketing Co., Ltd., 2009 WL 5173787, at *6 (S.D.N.Y. Dec. 30, 2009). Brenna B. Mahoney, Clerk of Court. (Mahoney, Brenna)
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Filing 41
BILL OF COSTS by City of New York, Gomez, Kern, Reyes (Attachments: #1 Declaration in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Shin, Soo-Young)
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Filing 40
CLERK'S JUDGMENT that defendants' Motion for Summary Judgment is granted in its entirety; that Plaintiff's false arrest, excessive force, conspiracy, assault, battery, and municipal liability claims are dismissed; and that judgment is hereby entered in favor of defendants. ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 2/17/2022 ) (Guzzi, Roseann)
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Filing 39
ORDER granting #28 Motion for Summary Judgment. For the reasons given in the attached opinion, the defendants' motion for summary judgment is granted in its entirety. The Clerk of Court is directed to enter judgment in favor of the defendants and terminate the case. Ordered by Judge Allyne R. Ross on 2/15/2022. (Reiser, Samantha)
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Filing 38
Letter Plaintiff's Letter Requesting Oral Argument on Defendants' Summary Judgment Motion by Levar Harris (Leitner, Kenneth)
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Filing 37
REPLY in Support re #28 MOTION for Summary Judgment filed by City of New York, Gomez, Kern, Reyes. (Shin, Soo-Young)
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Filing 36
RULE 56.1 STATEMENT re #28 MOTION for Summary Judgment - Defendants' Reply to Plaintiff's Responses to Defendants' Rule 56.1 Statement filed by City of New York, Gomez, Kern, Reyes. (Shin, Soo-Young)
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Filing 35
AFFIDAVIT/DECLARATION in Support re #28 MOTION for Summary Judgment - Supplemental Declaration of Soo-Young Shin filed by City of New York, Gomez, Kern, Reyes. (Attachments: #1 Exhibit I) (Shin, Soo-Young)
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Filing 34
AFFIDAVIT/DECLARATION in Opposition re #28 MOTION for Summary Judgment Declaration of Kenneth A. Leitner in Opposition to Defendants' Summary Judgment Motion filed by Levar Harris. (Attachments: #1 Exhibit Ex A - Harris Deposition Transcript, #2 Exhibit Ex B - Harris CCRB Statement, #3 Exhibit Ex C - Reyes Deposition Transcript, #4 Exhibit Ex D - Gomez Deposition Transcript, #5 Exhibit Ex E - Kern Deposition Transcript, #6 Exhibit Ex F - Reyes CCRB Statement, #7 Exhibit Ex G - Gomez CCRB Statement, #8 Exhibit Ex H1 - Google Map Photo, #9 Exhibit Ex H2 - Google Map Photo, #10 Exhibit Ex H3 - Google Map Photo) (Leitner, Kenneth)
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Filing 33
RULE 56.1 STATEMENT Plaintiff's Rule 56.1 Response to Defendants' Statement of Undisputed Material Facts filed by Levar Harris. (Leitner, Kenneth)
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Filing 32
MEMORANDUM in Opposition Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment filed by Levar Harris. (Leitner, Kenneth)
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Filing 31
MEMORANDUM in Support re #28 MOTION for Summary Judgment filed by City of New York, Gomez, Kern, Reyes. (Shin, Soo-Young)
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Filing 30
RULE 56.1 STATEMENT re #28 MOTION for Summary Judgment filed by City of New York, Gomez, Kern, Reyes. (Shin, Soo-Young)
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Filing 29
AFFIDAVIT/DECLARATION in Support re #28 MOTION for Summary Judgment - Declaration of Soo-Young Shin filed by City of New York, Gomez, Kern, Reyes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Shin, Soo-Young)
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Filing 28
MOTION for Summary Judgment by City of New York, Gomez, Kern, Reyes. (Shin, Soo-Young)
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Filing 27
Letter Email dated 06-28-21 Evidencing the Service of Plaintiff's Opposition to Defendants' Summary Judgment Motion by Levar Harris (Leitner, Kenneth)
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Filing 26
Letter - Copy of cover letter serving defendants' motion for summary judgment by City of New York, Gomez, Kern, Reyes (Shin, Soo-Young)
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ORDER granting #25 Motion for Extension of Time to File: Defendants' motion for summary judgment now shall be served no later than June 4, 2021. Plaintiff's opposition shall be served no later than June 28, 2021. Defendants' reply, if any, shall be served no later than July 13, 2021. Ordered by Judge Allyne R. Ross on 5/24/2021. (Roeck, Victoria)
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Filing 25
MOTION for Extension of Time to File requesting changes to motion briefing schedule by City of New York, Gomez, Kern, Reyes. (Shin, Soo-Young)
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ORDER: The court has reviewed the parties' pre-motion letters concerning defendants' anticipated motion for summary judgment and determined that a pre-motion conference is not necessary. The court grants defendants permission to bring the proposed motion. The court directs that defendants' motion shall be briefed as follows: defendants' motion and supporting papers shall be served no later than May 28, 2021; plaintiff's opposition papers shall be served no later than June 11, 2021; defendants' reply papers, if any, shall be served no later than June 18, 2021. The fully briefed motion shall be filed in accordance with chambers' rules no later than June 18, 2021. This schedule may be altered only with the permission of the court. Ordered by Judge Allyne R. Ross on 5/14/2021. (Roeck, Victoria)
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Filing 24
Letter Plaintiff's Response to Defendants' Request for a Pre-Motion Conference by Levar Harris (Leitner, Kenneth)
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Filing 23
Letter MOTION for Extension of Time to File Response/Reply by Levar Harris. (Leitner, Kenneth)
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ORDER granting #23 Motion for Extension of Time to File Response/Reply: Plaintiff's response to defendants' pre-motion letter regarding an anticipated motion for summary judgment now is due no later than May 18, 2021. Ordered by Judge Allyne R. Ross on 4/29/2021. (Roeck, Victoria)
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Filing 22
Letter requesting a Pre-Motion Conference by City of New York, Gomez, Kern, Reyes (Shin, Soo-Young)
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NOTICE: Defendants have submitted a letter requesting a pre-motion conference regarding an anticipated motion for summary judgment. Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendants' letter, on or before May 4, 2021. (Roeck, Victoria)
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Filing 21
STATUS REPORT , filed jointly, certifying close of discovery by City of New York, Gomez, Kern, Reyes (Shin, Soo-Young)
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Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. A Telephone Settlement Conference was held on February 11, 2021. Attorneys Kenneth Leitner and Robert Tolchin appeared on behalf of Plaintiff. Plaintiff Levar Harris was also present. Attorney Soo-Young Shin appeared on behalf of Defendants. The parties were not able to reach an agreement. They are directed to continue discovery to be completed by March 22, 2021. (O'Neil-Berven, Ryan)
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ORDER: Pursuant to the Order dated January 22, 2021 the parties were directed to submit confidential ex parte settlement statements via email to Chambers by February 3, 2021. Defendants have failed to comply with this Court order and are directed to submit the outstanding statements immediately. Ordered by Magistrate Judge Peggy Kuo on 2/5/2021. (O'Neil-Berven, Ryan)
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SCHEDULING ORDER: A Telephone Settlement Conference is scheduled for February 11, 2021 at 2:00 p.m. before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendants with complete settlement authority must be present. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements. The parties are directed to submit confidential ex parte settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by February 3, 2021 The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The parties are directed to exchange all documents and information necessary for the settlement conference as soon as possible. The Court will schedule ex parte telephone calls with counsel after review of the statements. Ordered by Magistrate Judge Peggy Kuo on 1/22/2021. (O'Neil-Berven, Ryan)
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Filing 20
STATUS REPORT submitted jointly by the parties by City of New York, Gomez, Kern, Reyes (Shin, Soo-Young)
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Order: The parties are directed to file a joint status report by January 29, 2021, updating the Court on the progress of discovery and proposing dates for a settlement conference. Ordered by Magistrate Judge Peggy Kuo on 11/23/2020. (O'Neil-Berven, Ryan)
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Filing 19
STATUS REPORT submitted jointly by the parties by City of New York, Gomez, Kern, Reyes (Shin, Soo-Young)
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Filing 18
ORDER granting #16 Motion for Protective Order. The proposed Confidentiality Order is so-ordered. Ordered by Magistrate Judge Peggy Kuo on 9/22/2020. (O'Neil-Berven, Ryan)
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Filing 17
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on September 22, 2020. Attorney Kenneth Leitner appeared on behalf of plaintiff. Attorney Soo-Young Shin appeared on behalf of defendant. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The parties were directed to file a joint status report by November 20, 2020 reporting on the progress of discovery and raising any issues which need to be addressed. If the parties believe a settlement conference or referral to EDNY Court-Annexed mediation would be fruitful, they should file a joint request. (FTR LOG: 10:04-10:19) (O'Neil-Berven, Ryan)
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Filing 16
Joint MOTION for Protective Order by City of New York, Gomez, Kern, Reyes. (Shin, Soo-Young)
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Filing 15
Proposed Scheduling Order submitted jointly by the parties by City of New York, Gomez, Kern, Reyes (Shin, Soo-Young)
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Filing 14
ANSWER to #1 Complaint, by City of New York, Gomez, Kern, Reyes. (Shin, Soo-Young)
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SCHEDULING ORDER: The Initial Conference scheduled for September 22, 2020 at 10:00 a.m. before the Honorable Peggy Kuo has been converted from an in-person conference to a Telephone Conference. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. Ordered by Magistrate Judge Peggy Kuo on 8/13/2020. (O'Neil-Berven, Ryan)
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Filing 13
MOTION for Extension of Time to File Answer re #1 Complaint, , MOTION to Adjourn Conference by City of New York. (Shin, Soo-Young)
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ORDER granting #13 Motion for Extension of Time to Answer and granting #13 Motion to Adjourn Conference. The deadline for Defendant City of New York to answer or otherwise respond to the Complaint is extended to September 8, 2020. The Initial Conference previously scheduled for July 17, 2020 is adjourned to September 22, 2020 at 10:00 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. At least five days before the Conference, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Plaintiff is directed to ensure Defendants are aware of this conference change. Ordered by Magistrate Judge Peggy Kuo on 7/8/2020. (O'Neil-Berven, Ryan)
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SCHEDULING ORDER: The Initial Conference scheduled for July 17, 2020 at 10:30 a.m. before the Honorable Peggy Kuo has been converted from an in-person conference to a Telephone Conference. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. Plaintiff's counsel is directed to ensure defendants are aware of this conference change. Ordered by Magistrate Judge Peggy Kuo on 6/1/2020. (O'Neil-Berven, Ryan)
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Filing 12
NOTICE of Appearance by Kenneth Adam Leitner on behalf of All Plaintiffs (aty to be noticed) (Leitner, Kenneth)
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ORDER granting #11 Motion for Extension of Time to Answer and #11 Motion to Adjourn Conference. The deadline for Defendants to answer, or otherwise respond, to the Complaint is extended to July 10, 2020. The deadline to answer is granted sua sponte to all Defendants. The Initial Conference previously scheduled for May 14, 2020 is adjourned to July 17, 2020 at 10:30 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 4/22/2020. (O'Neil-Berven, Ryan)
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Filing 11
MOTION for Extension of Time to File Answer re #1 Complaint, and for Adjournment of Initial Conference by City of New York. (Shin, Soo-Young). Added MOTION to Adjourn Conference on 4/22/2020 (O'Neil-Berven, Ryan).
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SCHEDULING ORDER: The Initial Conference scheduled for May 14, 2020 at 10:30 a.m. before the Honorable Peggy Kuo has been converted from an in-person conference to a Telephone Conference. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. All counsel are required to attend. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure defendants are aware of this conference change. Ordered by Magistrate Judge Peggy Kuo on 4/21/2020. (O'Neil-Berven, Ryan)
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Filing 10
MOTION for Extension of Time to File Answer re #1 Complaint, by City of New York. (Shin, Soo-Young)
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ORDER granting #10 Motion for Extension of Time to Answer. Defendant the City of New York's time to answer or otherwise respond to the complaint is extended to May 11, 2020. The deadline for Defendants Gomez, Kern, and Reyes to answer or otherwise respond is extended sua sponte to May 11, 2020. Ordered by Magistrate Judge Peggy Kuo on 3/12/2020. (O'Neil-Berven, Ryan)
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Filing 9
SUMMONS Returned Executed by Levar Harris. City of New York served on 2/25/2020, answer due 3/17/2020. (Tolchin, Robert)
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Filing 8
SUMMONS Returned Executed by Levar Harris. Gomez served on 3/3/2020, answer due 3/24/2020. (Tolchin, Robert)
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Filing 7
SUMMONS Returned Executed by Levar Harris. Reyes served on 3/3/2020, answer due 3/24/2020. (Tolchin, Robert)
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Filing 6
SUMMONS Returned Executed by Levar Harris. Kern served on 3/3/2020, answer due 3/24/2020. (Tolchin, Robert)
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Filing 5
SCHEDULING ORDER: An Initial Conference will be held in this case on May 14, 2020 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 2/14/2020. (Riquelme, Claudia)
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Filing 4
Summons Issued as to City of New York, Gomez, Kern, Reyes. (Attachments: #1 Summons, #2 Summons, #3 Summons) (Davis, Kimberly)
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Filing 3
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
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Filing 2
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)
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Case Assigned to Judge Allyne R. Ross and Magistrate Judge Peggy Kuo. 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)
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Filing 1
COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-12383851 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Levar Harris. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Tolchin, Robert)
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