Mascarinas et al v. City of New York et al
| Manolo Mascarinas, as the Administrator of the Estate of Faustino Dioso, a/ka/ Faustino A. Dioso, Lourdes Dioso, Manolo Mascarinas, Faustino A. Dioso and Faustino A. Dioso) |
| City of New York, John Does 1-10, NYPD PO Salvatore Ballisteri, Richard Roes 1-10 and NYPD Police Officer Amir Pali |
| 1:2020cv01235 |
| March 6, 2020 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Robert M Levy |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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| Filing 19 SUMMONS Returned Executed by Manolo Mascarinas, Lourdes Dioso. NYPD Police Officer Amir Pali served on 4/24/2020, answer due 7/27/2020. (Attachments: #1 Exhibit Cover Letter to Defendant, #2 Exhibit Court Authorizing Service by Mail) (London, Cary) |
| Filing 18 SUMMONS Returned Executed by Manolo Mascarinas, Lourdes Dioso. NYPD PO Salvatore Ballisteri served on 4/24/2020, answer due 7/27/2020. (Attachments: #1 Exhibit Cover Letter to Defendant, #2 Exhibit Court Authorizing Service by Mail) (London, Cary) |
| Filing 17 NOTICE of Appearance by Caitlin Anne Robin on behalf of All Plaintiffs (aty to be noticed) (Robin, Caitlin) |
| Filing 16 NOTICE of Appearance by Cary London on behalf of All Plaintiffs (aty to be noticed) (London, Cary) |
STATUS REPORT ORDER Status Report due by 5/22/2020.Ordered by Magistrate Judge Robert M. Levy on 4/23/2020. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Wiley Stecklow, Alan Scheiner. Argument heard, Motion for Reconsideration granted as explained on the record. Service by mail is a traditional and practicable means of service in this case. Motion for 90 Day Extension of time to Answer also granted.Motion Hearing held on 4/23/2020 re #10 MOTION for Reconsideration of the Order of April 4, 2020 Authorizing Alternatiove Service on Individual Defendants filed by City of New York, #15 MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint MOTION to Stay Effect of the Court's April 4, 2020 Order filed by City of New York, #11 MOTION for Reconsideration Supplemental Letter Providing New Authority in Support of Motion for Reconsideration filed by City of New York ( #Recorded AT&T 11:30-12:10.) (Levy, Robert) |
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ORDER granting #11 Motion for Reconsideration Ordered by Magistrate Judge Robert M. Levy on 4/23/2020. (Levy, Robert)
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ORDER granting #10 Motion for Reconsideration as explained on the record. Ordered by Magistrate Judge Robert M. Levy on 4/23/2020. (Levy, Robert)
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ORDER granting #15 Motion for Extension of Time to Answer All Defendants Ordered by Magistrate Judge Robert M. Levy on 4/23/2020. (Levy, Robert)
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| Filing 15 MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint, MOTION to Stay Effect of the Court's April 4, 2020 Order by City of New York. (Scheiner, Alan) |
| Filing 14 Letter by Lourdes Dioso, Manolo Mascarinas (Stecklow, Wylie) |
| Filing 13 REPLY in Support re #10 MOTION for Reconsideration of the Order of April 4, 2020 Authorizing Alternatiove Service on Individual Defendants filed by City of New York. (Attachments: #1 Exhibit Exhibit A - RCDA Report of Investigation Feb. 24, 2020) (Scheiner, Alan) |
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ORDER A hearing on defendants Motion for Reconsideration of my April 4, 2020 Order authorizing alternative service by email on the individual defendant police officers will be held on April 23, 2020 at 11:30 by telephone. Dial-in (888) 684-8852; access code 6223489. Ordered by Magistrate Judge Robert M. Levy on 4/17/2020. (Levy, Robert)
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| Filing 12 MEMORANDUM in Opposition re #10 MOTION for Reconsideration of the Order of April 4, 2020 Authorizing Alternatiove Service on Individual Defendants filed by Lourdes Dioso, Manolo Mascarinas. (Attachments: #1 Exhibit 2 Email Laura Mulle NYPD, #2 Exhibit 3 NYPD PG 203-27, #3 Exhibit 4 NYPD PG 202-14) (Stecklow, Wylie) |
| Filing 11 MOTION for Reconsideration Supplemental Letter Providing New Authority in Support of Motion for Reconsideration by City of New York. (Attachments: #1 Exhibit Order Entered April 10, 2010 in Lopez v. City of New York, 20 CV 2502 (LJL)(BCM) (SDNY)) (Scheiner, Alan) |
| Filing 10 MOTION for Reconsideration of the Order of April 4, 2020 Authorizing Alternatiove Service on Individual Defendants by City of New York. (Scheiner, Alan) |
| Filing 9 SUMMONS Returned Executed by Manolo Mascarinas, Lourdes Dioso. NYPD PO Salvatore Ballisteri served on 4/6/2020, answer due 4/27/2020. (Attachments: #1 Exhibit Order by MJ Levy for Pandemic service by email, #2 Exhibit Application seeking order for email service) (Stecklow, Wylie) |
| Filing 8 SUMMONS Returned Executed by Manolo Mascarinas, Lourdes Dioso. NYPD Police Officer Amir Pali served on 4/6/2020, answer due 4/27/2020. (Attachments: #1 Exhibit Order of MJ Levy authorizing Pandemic Service by Email, #2 Exhibit Application for order for service by email) (Stecklow, Wylie) |
| Filing 7 NOTICE of Appearance by Alan H. Scheiner on behalf of City of New York (aty to be noticed) (Scheiner, Alan) |
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ORDER granting #6 Motion for Pandemic-Related Alternative Service as described in the application. Ordered by Magistrate Judge Robert M. Levy on 4/4/2020. (Levy, Robert)
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| Filing 6 MOTION for Service by Publication by EMAIL not publication by Lourdes Dioso, Manolo Mascarinas. (Attachments: #1 Exhibit Notice from NYC Law Dept to serve by EMAIL) (Stecklow, Wylie) |
| Filing 5 SUMMONS Returned Executed by Manolo Mascarinas, Lourdes Dioso. City of New York served on 4/3/2020, answer due 4/24/2020. (Stecklow, Wylie) |
| Filing 4 Summons Issued as to NYPD PO Salvatore Ballisteri, City of New York, NYPD Police Officer Amir Pali. (Davis, Kimberly) |
| 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) |
| 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) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Robert M. Levy. 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 1 COMPLAINT against NYPD PO Salvatore Ballisteri, City of New York, John Does 1-10, NYPD Police Officer Amir Pali, Richard Roes 1-10 filing fee $ 400, receipt number ANYEDC-12498872 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Manolo Mascarinas, as the Administrator of the Estate of Faustino Dioso, a/ka/ Faustino A. Dioso, Lourdes Dioso. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Stecklow, Wylie) |
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