Ellis v. McGinnis
| Gregory Ellis |
| Supt Michael McGinnis, Leonard Joblove and Linda Breen |
| 1:2020cv01801 |
| April 14, 2020 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Peggy Kuo |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 26 SUMMONS Returned Executed by Gregory Ellis. Michael McGinnis served on 5/20/2020, answer due 6/10/2020. (Dave, Rita) |
| Filing 25 MOTION for Extension of Time to File Answer by Linda Breen, Leonard Joblove. (Ross, Ruth) |
SCHEDULING ORDER: The defendants are directed to file on ECF the request for an extension discussed on the record as soon as possible, but in no event later than the close of business today, May 21, 2020. Ordered by Judge Ann M. Donnelly on 5/21/2020. (Lefkowitz, Jacob)
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ORDER granting #25 Motion for Extension of Time to Answer All Defendants. For the purposes of Rule 12(a) timing requirements, a pre-motion conference letter is considered equivalent to the motion itself. Accordingly, the parties will discuss the briefing schedule for the motions to dismiss at a pre motion conference in front of Judge Block. Ordered by Judge Ann M. Donnelly on 5/21/2020. (Lefkowitz, Jacob)
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| Minute Entry for proceedings held before Judge Ann M. Donnelly:Pre Motion Conference held on 5/21/2020. Rita Dave appeared for the plaintiff. Daniel Schulze and Sarande Dedushi appeared for defendant McGinnis. John Carroll, Ruth Ross and Toni Lichstein appeared for defendants Leonard Joblove and Linda Breen. Case called; discussions held. The case will be reassigned to the Honorable Frederic Block as related to case number 00-CV-3246. (Court Reporter Victoria Butler-Torres.) (Lefkowitz, Jacob) |
| Filing 24 NOTICE of Appearance by John C. Carroll on behalf of Linda Breen (aty to be noticed) (Carroll, John) |
| Filing 23 NOTICE of Appearance by John C. Carroll on behalf of Leonard Joblove (aty to be noticed) (Carroll, John) |
| Filing 22 NOTICE of Appearance by Toni C. Lichstein on behalf of Linda Breen (aty to be noticed) (Lichstein, Toni) |
| Filing 21 NOTICE of Appearance by Toni C. Lichstein on behalf of Leonard Joblove (aty to be noticed) (Lichstein, Toni) |
| Filing 20 Joint MOTION to Adjourn Conference by Michael McGinnis. (Schulze, Daniel) |
| Filing 19 NOTICE of Appearance by Daniel Schulze on behalf of Michael McGinnis (aty to be noticed) (Schulze, Daniel) |
| Filing 18 NOTICE of Appearance by Ruth Elizabeth Ross on behalf of Leonard Joblove (notification declined or already on case) (Ross, Ruth) |
| Filing 17 NOTICE of Appearance by Ruth Elizabeth Ross on behalf of Linda Breen (aty to be noticed) (Ross, Ruth) |
| Filing 16 NOTICE of Appearance by Ruth Elizabeth Ross on behalf of Leonard Joblove (notification declined or already on case) (Ross, Ruth) |
| Filing 15 Letter requesting premotion conference by KCDA defendants Linda Breen & Leonard Joblove by Leonard Joblove (Attachments: #1 Exhibit) (Ross, Ruth) |
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ORDER denying #20 Motion to Adjourn Conference. The application for an adjournment is denied. The parties should be prepared to explain why this action is not more appropriately before Judge Block. Ordered by Judge Ann M. Donnelly on 5/19/2020. (Lefkowitz, Jacob)
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| Filing 14 SUMMONS Returned Executed by Gregory Ellis. Linda Breen served on 5/5/2020, answer due 5/26/2020; Leonard Joblove served on 5/5/2020, answer due 5/26/2020. (Attachments: #1 Affidavit of Service Service on ADA Linda Breen) (Dave, Rita) |
| Filing 13 Letter Correction Letter in Response to AG Letter for Pre-Motion Conference by Gregory Ellis (Dave, Rita) |
| Filing 12 Letter in Response to Letter of Attorney General seeking Pre-Motion Conference by Gregory Ellis (Dave, Rita) |
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ORDER granting #11 Motion for Pre Motion Conference. The parties are directed to attend a telephonic pre motion conference on May 21, 2020 at 10:45 a.m. Conference number: (888) 363-4734, access code: 9057625. Ordered by Judge Ann M. Donnelly on 5/14/2020. (Lefkowitz, Jacob)
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| Filing 11 MOTION for pre motion conference to discuss Defendant McGinnis's anticipated motion to dismiss by Michael McGinnis. (Dedushi, Sarande) |
| Filing 10 Summons Issued as to Michael McGinnis. (Herrera, Isaiah) |
| Filing 9 AMENDED COMPLAINT First Amended Complaint against Linda Breen, Leonard Joblove, Michael McGinnis, filed by Gregory Ellis. (Attachments: #1 Proposed Summons, #2 Notice of Related Case Designation, #3 Exhibit A - Kyles Reeves' Secret Motion for Material Witness Warrant, #4 Exhibit B - Excerpt of Transcript of Ellis' First Trial, #5 Exhibit C - KCDAO Hotel Custody Form - Rivera, #6 Exhibit D - KCDAO Investigators' Directive 14B, #7 Exhibit E - KCDAO Hotel Custody Log Book -Rivera, #8 Exhibit F -KCDAO Hotel Reservations - Rivera, #9 Exhibit G - Salsarulo Deposition in Quezada v Brown, #10 Exhibit H - Krelik Deposition in Quezada v Brown, #11 Exhibit I - Charles J. Hynes Deposition in Collins v City of New York, #12 Exhibit J - Excerpt of Transcript Ellis' Second Trial, #13 Exhibit K - Reeves' 1997 Affirmation Opposing Ellis' 1996 440.10 Motion, #14 Exhibit L -Excerpt KCDAO's Respondent's Brief on Ellis' Direct Appeal, #15 Exhibit M - ADAs Breen and Joblove's 2000 Affidavit and Memo of Law opposing Ellis' Federal Habeas Corpus Petition, #16 Exhibit N - ADA Ross' Affirmation and Memo of Law Opposing Ellis' 2019 Amended 440.10 Motion, #17 Exhibit ) - Twitter Post of KCDAO spokesman Oren Yaniv, February 2020) (Dave, Rita) |
| Filing 8 AMENDED COMPLAINT against Michael McGinnis, Leonard Joblove, Linda Breen, filed by Gregory Ellis. (Attachments: #1 Notice of Related Case Designation, #2 Proposed Summons) (Dave, Rita) |
| Filing 7 Summons Issued as to Michael McGinnis. (Davis, Kimberly) |
| Filing 4 APPLICATION #2 Motion for Refund of Fees Paid Electronically Ordered by Clerk of Court on 4/16/2020. (Marziliano, August) |
| Filing 6 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. (Sica, Michele) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Sica, Michele) |
| Case Assigned to Judge Ann M Donnelly 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. (Sica, Michele) |
| Filing 3 Civil Cover Sheet.. by Gregory Ellis (Dave, Rita) |
| Filing 2 AFFIDAVIT/AFFIRMATION in Support of Motion seeking refund of Filing Fee by counsel Rita Dave by Gregory Ellis (Dave, Rita) Modified on 4/16/2020 to change this entry to the correct event MOTION for Refund of Fees Paid Electronically (Marziliano, August). |
| Filing 1 COMPLAINT against Michael McGinnis filing fee $ 400, receipt number ANYEDC-12677174 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Gregory Ellis. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A-Reeves' 113094 Secret Motion for Material Witness Warrant, #4 Exhibit B-Excerpt of Transcript Ellis First Trial, #5 Exhibit C-KCDAO Hotel Custody Form - Rivera, #6 Exhibit D-Inv. Pica KCDAO Investigators Directive 14B, #7 Exhibit E-KCDAO Hotel Custody Log Book - Rivera, #8 Exhibit F-KCDAO Hotel Reservations - Rivera, #9 Exhibit G-Deposition of KCDAO DI Salsarulo in Quezada v Brown, #10 Exhibit H-Deposition of KCDAO DI Krelik in Quezada v Brown, #11 Exhibit I-Deposition of Charles J. Hynes in Collins v City of New York, #12 Exhibit J-Excerpt of Transcript of Ellis' Second Trial, #13 Exhibit K-Reeves' February 1997 Affirmation Opposing Ellis' Nov 1996 440.10 Motion, #14 Exhibit L-Excerpt of KCDAO Resp Brief on Ellis' Direct Appeal, #15 Exhibit M-ADA Breen and Joblove Nov 2000 Affidavit and Memo Opposing Ellis' Federal Habeas, #16 Exhibit N-ADA Ross' Affirmation and Memo Opposing Ellis' July 2019 Amended CPL 440.10 Motion, #17 Exhibit O-Twitter KCDAO Oren Yaniv February 2020) (Dave, Rita) |
| Notice: Re: Incomplete Civil Cover Sheet.(page 2 is missing) The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Sica, Michele) |
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