M.D. v. The City of New York et al
| M. D. |
| Ranasha Nightingale, Ronald Johnson, Jr., City of New York, The City of New York, BILAL KAHN and Edwalina Bentley-Gray |
| 1:2021cv01060 |
| February 26, 2021 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Allyne R Ross |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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ORDER: The Motion for Extension of Time to File Answer #41 is granted. Defendants have established that the factors set out in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting the motion. First, Defendants have established that the default was not willful, but the result of an inadvertent mistake by counsel. See, e.g., Am. Alliance Ins. Co. v. Eagle Ins. Co., 92 F.3d 57, 61 (2d Cir. 1996) (ruling that "a filing mistake" by "counsel's clerk" was "grossly negligent" but "was not willful, deliberate, or evidence of bad faith"); Courchevel 1850 LLC v. Rodriguez, No. 17-CV-6311, 2019 WL 2233828, at *4 (E.D.N.Y. May 22, 2019) (finding prompt action after default evidenced "an intention and attempt to defend against the action"). Second, given that Defendants have been complying with their discovery obligations and attending scheduled court conferences, there is little evidence of prejudice. And third, Defendants have filed a proposed Answer on the docket and are prepared to proceed with litigation, which indicates that a meritorious defense may be present. See New York v. Green, 420 F.3d 99, 104 (2d Cir. 2005) (noting that the Second Circuit has "expressed a strong preference for resolving disputes on the merits") (quoting Powerserve Int'l, Inc. v. Lavi, 239 F.3d 508, 514 (2d Cir. 2001)). Defendants' Answer #40 dated 11/15/2022 shall be considered the operative Answer. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/1/2022. (IS)
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| Filing 41 MOTION for Extension of Time to File Answer by Edwalina Bentley-Gray, Ronald Johnson, Jr., BILAL KAHN, Ranasha Nightingale, The City of New York. (Frank, Philip) |
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ORDER: Defendants have filed an Answer #40 to the Amended Complaint after the time to do so has passed. Defendants' answer was due on 6/29/2022. (See Am. Compl. dated June 8, 2022, Dkt. No. #29 ). Because they are seeking to extend the time to answer after the time to do so has passed, Defendants must file a motion by 11/30/2022 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020) ("If an answer is filed late, the court may treat the issue as one of default. See John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ('The filing of a late answer is analogous to a motion to vacate a default.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). The court may then consider whether, under the factors discussed in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), default should be vacated."). So Ordered by Magistrate Judge Sanket J. Bulsara on 11/16/22. (IS)
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MINUTE ENTRY AND ORDER: An in-person status conference was held on 11/16/2022 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiff (Evan Brustein) and counsel for Defendants (Philip Frank) were present. As stated on the record, the motion for extension of time to complete discovery #34 is granted. The deadline to complete fact discovery is extended to 3/16/2023. The deadline to complete expert discovery is extended to 5/15/2023. In addition, an in-person status conference will be held on 3/13/2023 at 10:30 A.M. in Courtroom 324 North before Magistrate Judge Bulsara to discuss the progress of any outstanding discovery. The parties should consider in advance of the status conference whether a settlement conference would be fruitful. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/16/2022. (FTR Log: 1:38 - 1:51 P.M.) (IS)
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| Filing 40 ANSWER to #29 Amended Complaint by Edwalina Bentley-Gray, Ronald Johnson, Jr., BILAL KAHN, Ranasha Nightingale, The City of New York. (Frank, Philip) |
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ORDER: The motion to adjourn conference #39 is granted. The status conference scheduled for 11/9/2022 is adjourned to 11/16/2022 at 1:30 P.M. in Courtroom 324 North before Magistrate Judge Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/1/2022. (IS)
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| Filing 39 Consent MOTION to Adjourn Conference or, in the alternative, to convert the conference to a telephonic conference by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York. (Frank, Philip) |
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Filing 38
ORDER: The motion to compel #35 ACS to turn over records related to this case is granted. The Court enters the order proposed by Plaintiffs, without the provision relating to redaction of documents; nor does the Court grant Defendants' request to enter a protective order permitting ACS to redact broad swaths of information. For one thing, there is a protective order in place in the case which limits broad or public dissemination of information that is produced; it is unnecessary and encourages over-redaction for the Court to permit Defendants to further redact information. Moreover, redaction is inappropriate to authorize on a blanket basis ex ante, without getting any sense of what kinds of documents are in fact at issue--the Court understands that Defendants do not even possess the documents at this point and are seeking redaction authority in the abstract. The production should be done without redaction in light of the protective order; documents may be produced pursuant to the protective order, and of course, should documents ultimately be placed on the public docket, redaction may be, at that time, appropriate. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/27/2022. (IS)
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ORDER: Plaintiff has filed a reply brief 37 in support of its motion to compel without seeking leave of the Court. Reply briefs are only permitted upon obtaining leave of Court and are otherwise prohibited. See Individual Practices of Magistrate Judge Sanket J. Bulsara, IV.B. As a result, the reply is struck and will not be considered by the Court. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/21/2022. (IS)
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| Filing 37 REPLY in Support re #35 MOTION to Compel documents, #36 Response to Motion, filed by M. D.. (Brustein, Evan) |
| Filing 36 RESPONSE to Motion re #35 MOTION to Compel documents filed by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York. (Attachments: #1 Exhibit A - proposed order with Defendants edits in redline, #2 Exhibit B - clean copy of Defendants' proposed Order) (Frank, Philip) |
| Filing 35 MOTION to Compel documents by M. D.. (Attachments: #1 Exhibit A) (Brustein, Evan) |
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ORDER deferring ruling on #34 Motion for Extension of Time to Complete Discovery: The Court extends the close of fact discovery to 11/10/2022. The other extensions of the discovery deadlines will be discussed at the upcoming status conference scheduled for 11/9/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/2/2022. (Sehati, Isabelle)
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| Filing 34 Joint MOTION for Extension of Time to Complete Discovery by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York. (Frank, Philip) |
| Filing 33 Summons Issued as to BILAL KAHN. (Guzzi, Roseann) |
| Filing 32 Summons Issued as to Edwalina Bentley-Gray. (Guzzi, Roseann) |
| Filing 31 Proposed Summons. by M. D. (Brustein, Evan) |
| Filing 30 Proposed Summons. by M. D. (Brustein, Evan) |
| Filing 29 AMENDED COMPLAINT against Ronald Johnson, Jr., Ranasha Nightingale, The City of New York, BILAL KAHN, Edwalina Bentley-Gray, filed by M. D.. (Brustein, Evan) |
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ORDER: The motion to amend #28 is granted because it is made upon consent of the appearing parties. Plaintiff shall file the first amended complaint as a separate docket entry by 6/13/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/6/2022. (Morrow, Emily)
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| Filing 28 MOTION to Amend/Correct/Supplement #1 Complaint by M. D.. (Attachments: #1 Exhibit A) (Brustein, Evan) |
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ORDER: The motion for extension of time to file #27 is granted. Plaintiff shall file their Amended Complaint by 6/2/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/15/2022. (Morrow, Emily)
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| Filing 27 First MOTION for Extension of Time to File Amended Pleadings and Add Parties by M. D.. (Brustein, Evan) |
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ORDER: The Court adopts the parties' proposed discovery plan #26 . The deadline to complete fact discovery is 9/30/2022; the deadline to complete expert discovery is 1/16/2023; the last date to take the first step in dispositive motion practice is 2/16/2023. A status conference will be held on 11/9/2022 at 10:30 A.M. in Courtroom 324 North before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/29/2022. (Morrow, Emily)
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| Filing 26 Proposed Scheduling Order by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York (Attachments: #1 Proposed Order) (Frank, Philip) |
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ORDER: The parties are directed to file a joint proposed case management schedule for this action by 4/27/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/20/2022. (Morrow, Emily)
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MINUTE ENTRY AND ORDER: A settlement conference was held on 4/12/2022 before Magistrate Judge Sanket J. Bulsara. All parties and counsel for all parties were present. A settlement was not reached. Parties shall file an updated proposed case management schedule on the docket. So Ordered by Magistrate Judge Sanket J. Bulsara. (Log: 2:35 - 4:12 P.M.) (Morrow, Emily)
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ORDER: The motion to proceed by video #25 is denied. The settlement conference scheduled for 4/12/2022 at 2:30 P.M. will be held in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. However, the individually-named Defendants may be excused from attending the settlement conference scheduled for 4/12/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/10/2022. (Morrow, Emily)
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| Filing 25 Joint MOTION for Hearing that settlement conference scheduled for April 12, 2022 proceed by video; and, on consent, that the individually-named Defendants be excused from attending the conference by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York. (Frank, Philip) |
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ORDER: The motion for a hearing and for a stay of discovery pending the outcome of a settlement conference #24 is granted. A settlement conference will be held on 4/12/2022 at 2:30 P.M. in Courtroom 324N before Magistrate Judge Bulsara. All parties must be present. Parties are to submit their respective ex parte settlement positions via Chambers' email by no later than 4/8/2022. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/15/2022. (Morrow, Emily)
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| Filing 24 Joint MOTION for Hearing an additional settlement conference, Joint MOTION to Stay by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York. (Frank, Philip) |
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MINUTE ENTRY AND ORDER: A settlement conference was held on 12/22/2021 before Magistrate Judge Sanket J. Bulsara. All parties and counsel for all parties were present. A settlement was not reached. If the parties determine an additional settlement conference would be fruitful, they may submit a joint request on the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/22/2021. (Morrow, Emily)
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ORDER: In light of Defendants' letter #23 , the individually-named Defendants may be excused from attending the settlement conference scheduled for 12/22/2021. Counsel for Defendants may forward the calendar invitation with the Microsoft Teams meeting link to the representative from ACS who will be attending the settlement conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/21/2021. (Morrow, Emily)
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| Filing 23 Letter regarding attendance at the settlement conference scheduled for December 22, 2021, at 10:00 a.m. by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York (Frank, Philip) |
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Filing 22
ORDER: The motion to produce #21 is granted. The parties' proposed Order to Release Confidential Records of the New York City Administration for Children's Services is so ordered. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/15/2021. (Morrow, Emily)
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ORDER: Due to a scheduling conflict, the settlement conference scheduled for 11/19/2021 will be held on 12/22/2021 at 10:00 A.M. and will proceed by video. All parties must be present. Parties are to submit their respective ex parte settlement positions via Chambers' email no later than three days before 10/21/2021. Counsel must also provide email addresses and phone numbers for counsel and clients to the Court so that the Court may connect the parties to the video conference. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/12/2021. (Bruckner, Ian)
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| Filing 21 MOTION to Produce by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Parties' So-Ordered Protective Order) (Frank, Philip) |
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ORDER: The motion to adjourn #20 is hereby granted. The settlement conference scheduled for 10/20/2021 will now be held on 11/19/2021 at 3:00 P.M. The conference will proceed by video. Parties are to submit their respective ex parte settlement positions via Chambers' email no later than three days before 11/19/2021. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. Counsel must also provide email addresses and phone numbers for counsel and clients to the Court so that the Court may connect the parties to the video conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/16/2021. (Morrow, Emily)
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| Filing 20 Consent MOTION to Adjourn Conference settlement conference currently scheduled for October 20, 2021, at 2:30 p.m. by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York. (Frank, Philip) |
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SCHEDULING ORDER: The settlement conference scheduled for 10/20/2021 at 2:30 P.M. will proceed by video. All parties must be present. Parties are to submit their respective ex parte settlement positions via Chambers' email no later than three days before 10/20/2021. Counsel must also provide email addresses and phone numbers for counsel and clients to the Court so that the Court may connect the parties to the video conference. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/14/2021. (Bruckner, Ian)
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| Filing 19 AMENDED ANSWER to Complaint by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York. (Frank, Philip) |
| Filing 18 ANSWER to #1 Complaint by Ronald Johnson, Jr., Ranasha Nightingale, The City of New York. (Frank, Philip) |
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ORDER: The Motion for Extension of Time to Answer #17 is denied. The Court has previously granted 3 extensions of time to file an answer for a pleading that is basic and whose averments can be ascertained through a phone call. The Court also indicated no further extensions will be granted. Any answer must be filed by 7/22/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/15/2021. (Farrell, Gillian)
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| Filing 17 Consent MOTION for Extension of Time to File Answer by Ronald Johnson, Jr., The City of New York. (Frank, Philip) |
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Minute Entry And Order for proceedings held before Magistrate Judge Sanket J. Bulsara: An telephonic-initial conference was held on 7/9/2021; all parties were present. Deadlines set based on parties' submitted joint discovery worksheet and are as follow: All fact discovery shall be completed by 2/16/2022; completion of all discovery by 4/18/2022; the last date to take the first step in dispositive motion practice shall be 5/18/2022. An in person settlement conference will be held on 10/20/2021 at 2:30 P.M. in courtroom 324N before Magistrate Judge Bulsara. All parties must be present. Parties are to submit their respective ex parte settlement positions via Chamber's email no later than three days before 10/20/2021. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/9/2021. (AT&T Log #2:30-2:40.) (Manson, Eddie)
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Filing 16
ORDER: The Motion to Adjourn Conference #15 is granted. The Initial Conference scheduled for 6/22/2021 is adjourned to 7/9/2021 at 2:30 PM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the Discovery Plan Worksheet #11 and electronically file same with the Court no later than two days before 7/9/2021. 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. The proposed Protective Order #15 is so-ordered as attached. To the extent that any portion of the stipulation is inconsistent with this Court's procedures for sealing documents or the standards governing the ability of this Court to permit the sealing of documents, the Court's practices and standards shall be followed by the parties and will govern any dispute. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/21/2021. (Farrell, Gillian)
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| Filing 15 Consent MOTION to Adjourn Conference and to respectfully request that the Court endorse the confidentiality order by The City of New York. (Attachments: #1 Exhibit A - Protective Order) (Frank, Philip) |
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ORDER: The Initial Conference scheduled for 6/18/2021 is adjourned to 6/22/2021 at 10:00 AM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the Discovery Plan Worksheet #11 and electronically file same with the Court no later than two days before 6/18/2021. 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 6/17/2021. (Farrell, Gillian)
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| Filing 14 CASE MANAGEMENT STATEMENT joint (Frank, Philip) |
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ORDER: The Motion for Extension of Time to Answer #13 is granted. The City of New York shall answer, move, or otherwise respond to the Complaint by 7/14/2021. No further extensions will be granted. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/15/2021. (Farrell, Gillian)
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| Filing 13 Consent MOTION for Extension of Time to File Answer by The City of New York. (Frank, Philip) |
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ORDER: The Motion for Extension of Time to Answer #12 is granted. The City of New York shall answer, move, or otherwise respond to the Complaint by 6/14/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/16/2021. (Farrell, Gillian)
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| Filing 12 Consent MOTION for Extension of Time to File Answer by The City of New York. (Frank, Philip) |
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Filing 11
SCHEDULING ORDER: An telephonic-initial conference will be held at 11:00 A.M. on 6/18/2021 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 11:00 A.M. conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 6/18/2021. 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 4/13/2021.Ordered by Magistrate Judge Sanket J. Bulsara on 4/13/2021. (Manson, Eddie)
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ORDER: The Motion for Extension of Time to Answer #10 is granted. The City of New York shall answer, move, or otherwise respond to the Complaint #1 by 5/14/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/31/2021. (Farrell, Gillian)
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| Filing 10 Consent MOTION for Extension of Time to File Answer by The City of New York. (Frank, Philip) |
| Filing 9 Summons Issued as to Ronald Johnson, Jr.. (Guzzi, Roseann) |
| Filing 8 Proposed Summons. Re #1 Complaint by M. D. (Brustein, Evan) |
| Filing 7 Summons Issued as to Ranasha Nightingale, The City of New York. (Attachments: #1 Summons) (Davis, Kimberly) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 5 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) |
| Filing 4 Proposed Summons. Re #1 Complaint by M. D. (Brustein, Evan) |
| Filing 3 Proposed Summons. Re #1 Complaint by M. D. (Brustein, Evan) |
| Filing 2 Civil Cover Sheet.. by M. D. (Brustein, Evan) (Main Document 2 replaced on 3/2/2021) (Lee, Tiffeny). |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a Completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Case Assigned to Judge Allyne R. Ross 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against City of New York, Ronald Johnson, Jr., Ranasha Nightingale filing fee $ 402, receipt number ANYEDC-14213149 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by M. D.. (Brustein, Evan) |
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