Rodriguez v. City of New York et al
| William Eric Rodriguez and Wildon Rodriguez |
| Michael F. Vecchione, Joseph Yates, City of New York, John Ferrari, Edward Wishner, New York Police Department, Kings County District Attorney, Kyles Reeves and Daniel Sacco |
| 1:2021cv01924 |
| April 9, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Minute Entry and Order for Initial Status Conference held on 5/26/2021 before Judge Brian M. Cogan. Counsel for plaintiff and defendants Reeves, Vecchione, Sacco, and the City of New York present by telephone. The parties shall complete document production prior to 9/14/2021. A status conference is set for 9/14/2021 at 10:00 AM. The conference will be held via telephone. Parties are directed to use the toll-free number 888-684-8852, access code 6427877# and security code 1924#. (Weisberg, Peggy) |
| Filing 19 NOTICE of Appearance by Rebecca Stoddard on behalf of All Plaintiffs (aty to be noticed) (Stoddard, Rebecca) |
| Filing 18 NOTICE of Appearance by Bilal Husain Haider on behalf of City of New York, Kyles Reeves, Daniel Sacco, Michael F. Vecchione (aty to be noticed) (Haider, Bilal) |
| NOTICE of Hearing: Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 1924# for the telephonic initial status conference scheduled on 5/26/2021. (Weisberg, Peggy) |
| Filing 17 Letter on behalf of the parties, pursuant to the Court's Order dated April 12, 2021, and in anticipation of the initial conference scheduled for May 26, 2021, by City of New York, Kyles Reeves, Daniel Sacco, Michael F. Vecchione (McLaren, Joanne) |
| Filing 16 NOTICE of Voluntary Dismissal by William Eric Rodriguez as to Kings County District Attorneys' Office (Roth, Adam) |
| Filing 15 Letter informing the Court of the death of defendant Edward Wishner, and explaining why no answer can be filed on his behalf today by City of New York, Kings County District Attorney, Kyles Reeves, Daniel Sacco, Michael F. Vecchione (McLaren, Joanne) |
ORDER re: #15 . This letter is deemed to constitute a suggestion of death on the record under Federal Rule of Civil Procedure 25. Ordered by Judge Brian M. Cogan on 5/10/2021. (Weisberg, Peggy)
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| Filing 14 Proposed Scheduling Order on consent of all parties by William Eric Rodriguez (Roth, Adam) |
| Filing 13 NOTICE of Voluntary Dismissal by William Eric Rodriguez as to New York City Police Department (Roth, Adam) |
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ORDER granting #12 . Defendant Sacco's time to file his answer is extended to 7/6/2021, subject to same admonitions as contained in the Court's Order yesterday. Ordered by Judge Brian M. Cogan on 5/5/2021. (Weisberg, Peggy)
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| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint,, by Daniel Sacco. (McLaren, Joanne) |
| Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint,, by City of New York, Kings County District Attorney, New York Police Department, Kyles Reeves, Michael F. Vecchione. (McLaren, Joanne) |
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ORDER granting in part and denying in part #11 . The time for the City, Vecchione, Reeves, NYPD (which plaintiff is urged to dismiss voluntarily, since the NYPD is not a juridical entity that can be sued), and Kings DA Office (which plaintiff should also consider dismissing voluntarily unless there is some reason why immunity would not apply) to respond to the complaint is extended to 7/6/2021. However, the Court does not sua sponte grant extensions of time to defendants who have not timely appeared because if the ACC isn't going to represent them, there is no reason why this Court should take on the responsibility of acting on their behalf. Nor does this Court wait for answers to be filed before the Initial Status Conference as they are not of any use in planning discovery; as one court has observed, "[i]n truth, the answer in a civil action is the most useless paper in the courthouse." Alexander By and Through Alexander v. Richardson-Merrell Inc., 541 F.Supp. 93, 94 (S.D.N.Y. 1982). Moreover, the Court does not accept that the ACC is beginning his investigation now, or at least, he shouldn't be. The office knew or should have known when plaintiff's conviction was vacated more than six months ago that this high profile case would bring us to where we are today. Since one of the key witnesses (Cort) is now deceased, discovery will likely be largely limited to the prior criminal case file and post-trial proceedings. Counsel's letter makes no reference to the Initial Status Conference previously scheduled by this Court nor the requirement of full preparation on the facts of the case that counsel is required to communicate to the Court in advance of that conference. That conference will therefore proceed as scheduled, including its requirement of a joint summary letter (do not send a letter just listing boilerplate affirmative defenses) and the parties should expect to be placed on a prompt discovery and trial schedule at the conference. Ordered by Judge Brian M. Cogan on 5/4/2021. (Weisberg, Peggy)
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| Filing 10 NOTICE of Appearance by Joanne M. McLaren on behalf of City of New York, Kyles Reeves, Michael F. Vecchione (aty to be noticed) (McLaren, Joanne) |
| Filing 9 SUMMONS Returned Executed by William Eric Rodriguez. Kyles Reeves served on 4/20/2021, answer due 5/11/2021; Edward Wishner served on 4/17/2021, answer due 5/10/2021. (Roth, Adam) |
| Filing 8 NOTICE of Appearance by Brian J. Isaac on behalf of All Plaintiffs (aty to be noticed) (Isaac, Brian) |
| Filing 7 SUMMONS Returned Executed by William Eric Rodriguez. City of New York served on 4/15/2021, answer due 5/6/2021; Kings County District Attorney served on 4/14/2021, answer due 5/5/2021; New York Police Department served on 4/13/2021, answer due 5/4/2021; Daniel Sacco served on 4/13/2021, answer due 5/4/2021; Michael F. Vecchione served on 4/14/2021, answer due 5/5/2021. (Roth, Adam) |
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Filing 6
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 5/26/2021 at 12:00 pm. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 1924. The parties are directed to comply with the attached mandatory requirements including filing on the docket a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 4/12/2021. (Weisberg, Peggy)
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| Filing 5 Summons Issued as to City of New York, John Ferrari, Kings County District Attorney, New York Police Department, Kyles Reeves, Daniel Sacco, Michael F. Vecchione, Edward Wishner, Joseph Yates. (Davis, Kimberly) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Case Assigned to Judge Brian M. Cogan. 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 2 Proposed Summons.Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, #1 Complaint,, by William Eric Rodriguez (Attachments: #1 Proposed Summons City of New York, #2 Proposed Summons New York Police Department, #3 Proposed Summons Kings County District Attorney, #4 Proposed Summons Det. Yates, #5 Proposed Summons Det. Sacco, #6 Proposed Summons Det. Ferrari, #7 Proposed Summons Edward Wishner, #8 Proposed Summons Michael Vecchione, #9 Proposed Summons Kyle Reeves) (Roth, Adam) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14359363 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by William Eric Rodriguez. (Attachments: #1 Exhibit Trial 440, #2 Exhibit Appellate Decision, #3 Exhibit January 8 2021 Transcript, #4 Exhibit Certificate of Disposition, #5 Exhibit Brady Material, #6 Exhibit Criminal Trial Excerpt, #7 Exhibit NYPD Cases, #8 Exhibit Lawsuits, #9 Exhibit KCDA, #10 Exhibit Pattern of Conduct Material) (Roth, Adam) |
| 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) |
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