Benjamin et al v. New York et al
| Rudo Williams, Mava Benjamin, Muriel Mitchell and Amanda Dugger |
| City of New York, New York City Police Officers "John Does 1-4", New York City Police Supervisors "Richard Roe 1-4" and NYPD PO Kyle Brown |
| 1:2020cv02069 |
| May 6, 2020 |
| US District Court for the Eastern District of New York |
| Raymond J Dearie |
| Peggy Kuo |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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SCHEDULING ORDER: The Initial Conference scheduled for September 1, 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 6/4/2020. (O'Neil-Berven, Ryan)
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| Filing 13 MOTION for Extension of Time to File Answer re #1 Complaint, by NYPD PO Kyle Brown, City of New York. (Weall, Katherine) |
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ORDER granting #13 Motion for Extension of Time to Answer. The deadline to answer or otherwise respond to the Complaint is extended to August 26, 2020. Ordered by Magistrate Judge Peggy Kuo on 5/29/2020. (O'Neil-Berven, Ryan)
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| Filing 12 REPLY in Opposition to plaintiff's reply in opposition filed by City of New York. (Weall, Katherine) |
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ORDER granting #8 Motion for Extension of Time to Answer. The deadline for Defendants to answer, or otherwise respond, to the Complaint is extended to August 26, 2020. The Initial Conference previously scheduled for August 7, 2020 is adjourned to September 1, 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. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 5/12/2020. (O'Neil-Berven, Ryan)
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| Filing 11 REPLY in Opposition re #8 MOTION for Extension of Time to File Answer re #1 Complaint, filed by Mava Benjamin, Amanda Dugger, Muriel Mitchell, Rudo Williams. (Stecklow, Wylie) |
| Filing 10 SUMMONS Returned Executed by Muriel Mitchell, Amanda Dugger, Mava Benjamin, Rudo Williams. NYPD PO Kyle Brown served on 5/11/2020, answer due 6/1/2020. (Attachments: #1 Exhibit Order authorizing mail service, #2 Exhibit cover letter) (Stecklow, Wylie) |
| Filing 9 NOTICE of Appearance by Katherine Weall on behalf of City of New York (notification declined or already on case) (Weall, Katherine) |
| Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint, by City of New York. (Weall, Katherine) |
| Filing 7 MOTION for Service by Publication alternative service by Mail due to pandemic by Mava Benjamin, Amanda Dugger, Muriel Mitchell, Rudo Williams. (Attachments: #1 Exhibit Order of Judge Levy, #2 Exhibit City application suggesting mail service as appropriate alternative service, #3 Exhibit Order of Judge Katharine Parker) (Stecklow, Wylie) |
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ORDER: The deadline for plaintiffs to submit arguments for why the extension for defendant City of New York to answer or otherwise respond to the complaint should be for 60 rather than 90 days is May 11, 2020. Ordered by Magistrate Judge Peggy Kuo on 5/8/2020. (Cornelssen, Cornelius)
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ORDER granting #7 motion on consent for alternative service by U.S. Postal Service. Ordered by Magistrate Judge Peggy Kuo on 5/8/2020. (Cornelssen, Cornelius)
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Filing 6
SCHEDULING ORDER: An Initial Conference will be held in this case on August 7, 2020 at 10:00 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://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. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiffs' counsel is directed to ensure that defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 5/7/2020. (O'Neil-Berven, Ryan)
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| Filing 5 SUMMONS Returned Executed by Muriel Mitchell, Amanda Dugger, Mava Benjamin, Rudo Williams. City of New York served on 5/7/2020, answer due 5/28/2020. (Attachments: #1 Exhibit Acknowledgment of Service by City of NY) (Stecklow, Wylie) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to NYPD PO Kyle Brown, City of New York. (Bowens, Priscilla) |
| Case Assigned to Judge Raymond J. Dearie 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. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against NYPD PO Kyle Brown, New York City Police Officers "John Does 1-4", City of New York, New York City Police Supervisors "Richard Roe 1-4" filing fee $ 400, receipt number ANYEDC-12761837 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Muriel Mitchell, Amanda Dugger, Mava Benjamin, Rudo Williams. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Stecklow, Wylie) |
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