McLeer v. New York City Police Department et al
| Michael McLeer and Michael Kaves |
| City of New York and New York City Police Department |
| 1:2021cv03093 |
| June 1, 2021 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Cheryl L Pollak |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Defendant |
Docket Report
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ELECTRONIC ORDER denying #38 : The proposed Confidentiality Order is denied because it does not describe the types of documents to be designated confidential and it shifts the burden of establishing good cause for maintaining the document under seal to the party seeking to use it, rather than the party who is seeking to keep it confidential. See Cumberland Packing Corp. v. Monsanto Co., 184 F.R.D. 504 (E.D.N.Y. 1999). So Ordered by Magistrate Judge Cheryl L. Pollak on 11/20/2023. (CH)
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ORDER granting #37 : The deadline to complete fact discovery is now 12/13/2023. Status Conference previously set for 11/17/2023 is rescheduled to 12/19/2023 @ 10:15 AM before Magistrate Judge Cheryl L. Pollak. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:15 AM. Enter Access code: 380-1746 and security code: 21-3093. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/16/2023. (CH)
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| Filing 38 STIPULATION of Confidentiality by Michael McLeer (Han, Juyoun) |
| Filing 37 Joint MOTION for Extension of Time to Complete Discovery until december 13, 2023, Joint MOTION to Adjourn Conference currently scheduled for Nov. 17, 2023 at 1:45 pm by City of New York. (Lulich, Aimee) |
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SCHEDULING ORDER: The Status Conference previously scheduled for 11/13/2023 before Magistrate Judge Cheryl L. Pollak has been rescheduled to 11/17/2023 @ 1:45 PM. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 1:45 PM. Enter Access code: 380-1746 and security code: 21-3093. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/7/2023. (DC)
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| MINUTE ENTRY for Initial Conference proceeding held before Magistrate Judge Cheryl Pollak on 9/13/2023. Appearance for Plaintiff: Juyoun Han. Appearance for Defendants: Aimee Lulich \ Isabella Kendrick. Parties given 30 days to complete outstanding depositions and exchange outstanding written discovery. Status Conference set for 11/13/2023 @ 1:45 PM. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 1:45 PM. Enter Access code: 380-1746 and security code: 21-3093. (DC) |
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SCHEDULING ORDER: The Initial Conference previously scheduled for 9/7/2023 before Magistrate Judge Cheryl L. Pollak has been rescheduled to 9/13/2023 @ 2:45 PM. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:45 PM. Enter Access code: 380-1746 and security code: 21-3093. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/31/2023. (DC)
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Filing 36
ELECTRONIC ORDER re #34 - #35 : The motion to adjourn is granted. The Initial Conference set for 7/19/2023 is adjourned to 9/7/2023 @ 9:45 AM before Magistrate Judge Cheryl L. Pollak. Please see the earlier scheduling order for dial-in instructions. Additionally, the parties' request to extend discovery deadlines is granted. The parties' #35 proposed deadlines are SO ORDERED. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/18/2023. (BL)
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| Filing 35 STIPULATION to extend discovery deadlines by Michael McLeer (Attachments: #1 Proposed Order) (Han, Juyoun) |
| Filing 34 Letter seeking adjournment of discovery status conference by Michael McLeer (Han, Juyoun) |
| Filing 33 ANSWER to #1 Complaint, by City of New York. (Lulich, Aimee) |
| MINUTE ENTRY for Initial Conference proceeding held before Magistrate Judge Cheryl Pollak on 4/11/2023. Appearance for plaintiff: Juyoun Han. Appearance for defendant: Aimee Lulich \ Isabella Kendrick. Defendants to determine if answer filed. If not to file by Friday, parties to meet and confer to prioritize depositions. Status Conference set for 7/19/2023 @ 11:15 AM. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 11:15 AM. Enter Access code: 380-1746 and security code: 21-3093. (DC) |
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ELECTRONIC SCHEDULING ORDER: Due to an unforeseen change in the Court's calendar, the Initial Conference scheduled for 3/29/2023 is adjourned to 4/11/2023 @ 2:15 PM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:15 PM. Enter Access code: 380-1746 and security code: 21-3093. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/29/2023. (BL)
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| Filing 32 NOTICE of Appearance by Isabella Jacqueline Kendrick on behalf of City of New York, New York City Police Department (aty to be noticed) (Kendrick, Isabella) |
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Filing 31
SCHEDULING ORDER: Initial Conference set for 3/29/2023 @ 4:15 PM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 4:15 PM. Enter Access code: 380-1746 and security code: 21-3093. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/8/2023. (BL)
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| Filing 30 REPORT of Rule 26(f) Planning Meeting (Attachments: #1 Appendix Cover Letter) (Han, Juyoun) |
| Filing 29 Letter requesting case to be re-opened pursuant to the Court's judgment by Michael McLeer (Han, Juyoun) |
| Filing 28 CLERK'S JUDGMENT: A Memorandum and Order of the Honorable Carol B. Amon, United States District Judge, having been filed on September 29, 2022, granting Defendants' motion to dismiss McLeer's Monell claim; and denying McLeer's request for leave to amend the Complaint without prejudice; it is ORDERED and ADJUDGED that Defendants' motion to dismiss McLeer's Monell claim is granted; and that McLeer's request for leave to amend the Complaint is denied without prejudice. Signed by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 9/30/2022. (Fernandez, Erica) |
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Filing 27
MEMORANDUM AND ORDER granting #18 Motion to Dismiss for Failure to State a Claim: For the foregoing reasons, Defendants' motion to dismiss McLeer's Monell claim is granted. McLeer's request for leave to amend the Complaint is denied without prejudice. SO ORDERED by Judge Carol Bagley Amon on 9/29/2022. (fwd for judgment) (Fernandez, Erica)
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| Filing 26 MOTION to Withdraw as Attorney by City of New York, New York City Police Department. (Murray, Edward) |
| ELECTRONIC ORDER granting #26 Motion to Withdraw as Attorney. Attorney Edward Louis Murray, III terminated. So Ordered by Chief Magistrate Cheryl L. Pollak on 5/26/2022. (Nordstrom, Britta) |
| Filing 25 RESPONSE to Motion re #18 Notice of MOTION to Dismiss for Failure to State a Claim , supplemental brief pursuant to the Court's December 16, 2021 Order filed by City of New York. (Lulich, Aimee) |
| Filing 24 MEMORANDUM in Opposition re #18 Notice of MOTION to Dismiss for Failure to State a Claim Supplemental Briefing In Accordance With #22 Memorandum & Order filed by Michael McLeer. (Han, Juyoun) |
| Filing 23 Letter stating Plaintiff's intent to file a supplemental briefing regarding Monell liability by Michael McLeer (Han, Juyoun) |
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Filing 22
MEMORANDUM AND ORDER: Plaintiff shall, by December 30, 2021, file a letter with the Court indicating whether he believes he can pursue a theory of Monell liability based on a formal policy of the City. If so, Plaintiff is ordered to file supplemental briefing by January 12, 2022. Defendants shall file any supplemental briefing in opposition by January 26, 2022. (Party New York City Police Department terminated). Ordered by Judge Carol Bagley Amon on 12/16/2021. (Fernandez, Erica)
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| Minute Entry and Order: Minute Entry and Order for proceedings held before Judge Carol Bagley Amon on December 8, 2021. Appearances: For plaintiff: Juyoun Han. For defendants: Aimee Lulich, Edward Murray. As stated on the record, defendants' motion to dismiss as to plaintiff's claims under the Visual Artists Rights Act is DENIED. A decision on defendants' motion to dismiss as to plaintiff's claims under Section 1983 is reserved. (Court Reporter Linda Marino.) (Calder, Joseph) |
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SCHEDULING ORDER: The oral argument on Defendants' motion to dismiss scheduled to take place in person on December 8, 2021 at 2:00 p.m. will instead be held via telephone at the same time. The parties are directed to call the toll free number 888-398-2342, no later than 1:50 p.m. on December 8, 2021, and enter the access code 1840743, followed by the pound key. These proceedings will be recorded by a court reporter. The attorneys are reminded that they are not to independently record any court proceedings, pursuant to Local Civil Rule 1.8. Ordered by Judge Carol Bagley Amon on 12/8/2021. (Calder, Joseph)
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| Filing 21 MEMORANDUM in Opposition re #18 Notice of MOTION to Dismiss for Failure to State a Claim filed by Michael McLeer. (Han, Juyoun) |
| Filing 20 REPLY in Support re #19 Memorandum in Support filed by City of New York, New York City Police Department. (Lulich, Aimee) |
| Filing 19 MEMORANDUM in Support re #18 Notice of MOTION to Dismiss for Failure to State a Claim filed by City of New York, New York City Police Department. (Lulich, Aimee) |
| Filing 18 Notice of MOTION to Dismiss for Failure to State a Claim by City of New York, New York City Police Department. (Lulich, Aimee) |
| Filing 17 Letter of Cover to Defendants' Motion to Dismiss the Complaint by City of New York, New York City Police Department (Lulich, Aimee) |
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ORDER granting #16 Motion for Extension of Time to File. On consent of the parties, defendants' motion to dismiss is due by October 4, 2021, plaintiff's opposition is due by November 4, 2021, and defendants' reply, if any, is due by November 18, 2021. Oral argument on defendants' motion will be held in person on December 8, 2021 at 2 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 10/4/2021. (Calder, Joseph)
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| Filing 16 First MOTION for Extension of Time to File Motion to Dismiss by City of New York, New York City Police Department. (Lulich, Aimee) |
| Minute Entry and Order for pre-motion conference held before Judge Carol Bagley Amon on August 20, 2021 at 2:00 PM. Appearances: For plaintiff: Juyoun Han; For defendant: Edward Murray, Aimee Lulich. As stated on the record, the briefing schedule for defendant's motion to dismiss is as follows: defendant's motion to dismiss is due by September 20, 2021; plaintiff's opposition is due by October 20, 2021; defendant's reply, if any, is due by November 3, 2021. Oral argument on that motion will be held in person on December 8, 2021 at 2 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. (Court Reporter Rivka Teich.) (Calder, Joseph) |
| ELECTRONIC ORDER: In light of the pending motion to dismiss before the district court, the initial conference previously scheduled for 9/15/2021 before Chief Magistrate Judge Cheryl Pollak is adjourned sine die. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/20/2021. (Caggiano, Diana) |
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SCHEDULING ORDER: A pre-motion conference will be held on Friday, August 20, 2021 at 2:00 PM before Judge Carol Bagley Amon on Defendants' anticipated motion to dismiss. The conference will be held by telephone. The parties are directed to call the toll free number 888-398-2342, no later than 1:50 p.m. on August 20, 2021, and enter the access code 1840743, followed by the pound key. These proceedings will be recorded by a court reporter. The attorneys are reminded that they are not to independently record any court proceedings, pursuant to Local Civil Rule 1.8. Ordered by Judge Carol Bagley Amon on 8/9/2021. (Calder, Joseph)
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| Filing 15 Letter response to Defendants' Request for pre motion conference #14 by Michael McLeer (Han, Juyoun) |
| Filing 14 MOTION for pre motion conference regarding City defendants' anticipated motion to dismiss by City of New York, New York City Police Department. (Lulich, Aimee) |
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Filing 13
SCHEDULING ORDER: An Initial Conference is set for 9/15/2021 @ 11:45 AM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 11:45 AM. Enter Access code: 380-1746 and security code: 21-3093. So Ordered by Chief Magistrate Cheryl L. Pollak on 6/29/2021. (Caggiano, Diana)
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| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint, by City of New York, New York City Police Department. (Murray, Edward) |
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ORDER On consent of the parties, defendants shall answer or otherwise respond by July 29, 2021. Ordered by Judge Carol Bagley Amon on 6/28/2021. (Calder, Joseph)
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| Filing 11 NOTICE of Appearance by Edward Louis Murray, III on behalf of City of New York, New York City Police Department (aty to be noticed) (Murray, Edward) |
| Filing 10 NOTICE of Appearance by Aimee Kara Lulich on behalf of City of New York, New York City Police Department (aty to be noticed) (Lulich, Aimee) |
| Filing 9 SUMMONS Returned Executed by Michael McLeer. New York City Police Department served on 6/8/2021, answer due 6/29/2021. (Han, Juyoun) |
| Filing 8 SUMMONS Returned Executed by Michael McLeer. City of New York served on 6/8/2021, answer due 6/29/2021. (Han, Juyoun) |
| Filing 7 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 6 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 5 Civil Cover Sheet.. by Michael McLeer (Han, Juyoun) |
| Case Assigned to Judge Carol Bagley Amon and Chief Magistrate Cheryl L. Pollak. 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 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 NOTICE of Appearance by Eric Baum on behalf of Michael McLeer (aty to be noticed) (Baum, Eric) |
| Filing 2 NOTICE of Appearance by Juyoun Han on behalf of Michael McLeer (notification declined or already on case) (Han, Juyoun) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14523900 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Michael McLeer. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Han, Juyoun) |
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