Trooper 1 v. New York State Police et al
| Trooper 1 |
| New York State Police, Andrew Cuomo, Melissa DeRosa and Richard Azzopardi |
| 1:2022cv00893 |
| February 17, 2022 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Taryn A Merkl |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Minute Entry and Order: A telephonic Status Conference was held on 8/2/2022 before Magistrate Judge Taryn A. Merkl. Appearances by John Crain and Valdi Licul for Plaintiff; Joshua Steele for Defendant New York State Police; Theresa Trzaskoma and Rita Glavin for Defendant Andrew Cuomo; Elkan Abramowitz and Rachel Fleig-Goldstein for Defendants Melissa DeRosa and Richard Azzopardi. Discussion held regarding Defendants DeRosa and Azzopardi's Motion for Pre Motion Conference #35 in which they seek a stay of discovery pending resolution of their anticipated motion to dismiss and Defendants DeRosa and Azzopardi's Motion Request for a Conference #41 regarding the requested discovery stay. As stated on the record, Defendants DeRosa and Azzopardi's Motion for Pre Motion Conference #35 is granted as to the conference but is denied as to an indefinite stay of discovery. The Court finds that Defendants DeRosa and Azzopardi have not established good cause so as to warrant a complete stay of discovery given the nature of the case, and the arguments Defendants DeRosa and Azzopardi are advancing in support of their motion to dismiss. See generally AA Med. P.C. v. Almansoori, No. 20-CV-3852 (DG) (JMW), 2022 WL 624627, at *2 (E.D.N.Y. Mar. 3, 2022).As agreed on the record, Defendants DeRosa and Azzopardi are directed to provide to Plaintiff the documents they already produced in connection with the investigations conducted by the Attorney General and the Assembly. (See Defs.' Mot. for Pre-Mot. Conf., ECF No. 41, at 1.) Once Plaintiff receives those documents, Plaintiff and Defendants DeRosa and Azzopardi are respectfully directed to meet and confer to discuss further discovery requests. Defendants DeRosa and Azzopardi are not required to respond separately to Plaintiff's request for documents and interrogatories until Plaintiff has reviewed their anticipated production and the parties have met and conferred. Discovery shall proceed as to the remaining Defendants according to the schedule previously ordered by the Court. Ordered by Magistrate Judge Taryn A. Merkl on 8/2/2022. (AT&T Log #2:03-2:28.) (Devanathan, Deepa)
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ORDER: Motion Request for a Conference #41 is granted. A telephonic Status Conference will be held on 8/2/2022 at 2:00 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. The status conference previously scheduled for 8/15/2022 at 10:00 a.m. is adjourned sine die. Ordered by Magistrate Judge Taryn A. Merkl on 7/25/2022. (Chan, Kaity)
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| Filing 41 Letter MOTION to Stay Re: Request for a Conference to Stay Discovery by Richard Azzopardi, Melissa DeRosa. (Abramowitz, Elkan) |
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ORDER: Defendants' request #40 , made with the consent of Plaintiff, for an extension of time to serve their motions to dismiss is GRANTED. Defendants shall serve Plaintiff with any motions to dismiss on or before July 15, 2022. Plaintiff shall serve Defendants with any opposition papers on or before August 16, 2022. Defendants shall serve any replies on or before August 30, 2022. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motions only once they are fully briefed. Defendants shall provide the Court with a courtesy copy of the filed, stamped, fully briefed motions, within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court's Individual Rules and Practices. Ordered by Judge LaShann DeArcy Hall on 7/15/2022. (Williams, Erica)
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| Filing 40 Letter MOTION for Extension of Time to File Motions to Dismiss by individual defendants by Richard Azzopardi, Melissa DeRosa. (Abramowitz, Elkan) |
| Filing 39 NOTICE of Appearance by Theresa Trzaskoma on behalf of Andrew Cuomo (aty to be noticed) (Trzaskoma, Theresa) |
| Filing 38 RESPONSE in Opposition re #35 Letter MOTION for pre motion conference to Stay Discovery pending resolution of anticipated Motion to Dismiss Plaintiff's Amended Complaints filed by Trooper 1. (Licul, Valdi) |
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ORDER: The Court is in receipt of a voicemail left by counsel for Defendant Cuomo regarding a scheduling conflict for the June 14, 2022 pre-motion conference. In light of the parties' conflicts, the pre-motion conference is ADJOURNED SINE DIE. In lieu of the pre-motion conference, the parties shall brief Defendants' motions to dismiss in accordance with this Court's Individual Rules and Practices. Defendants shall serve Plaintiff with any motions to dismiss on or before July 11, 2022. Plaintiff shall serve Defendants with any opposition papers on or before August 12, 2022. Defendants shall serve any replies on or before August 26, 2022. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motions only once they are fully briefed. Defendants shall provide the Court with a courtesy copy of the filed, stamped, fully briefed motions, within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court's Individual Rules and Practices. (Syed, Ayla)
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Filing 37
MEMORANDUM AND ORDER: For the reasons contained in the attached Memorandum, Plaintiff's motion to proceed using a pseudonym #3 is granted without prejudice to Defendants to revisit this issue before trial. So Ordered by Magistrate Judge Taryn A. Merkl on 6/9/2022. (Devanathan, Deepa)
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| Filing 36 Letter to the Court Re: Plaintiff's Motion to Continue Anonymously Pursuant to FRCP 10(a) [dkt no. 3] by Richard Azzopardi, Melissa DeRosa (Abramowitz, Elkan) |
| Filing 35 Letter MOTION for pre motion conference to Stay Discovery pending resolution of anticipated Motion to Dismiss Plaintiff's Amended Complaints by Richard Azzopardi, Melissa DeRosa. (Abramowitz, Elkan) |
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Minute Entry and Order: A telephonic Initial Conference was held on 6/6/2022 before Magistrate Judge Taryn A. Merkl. Appearances by John Crain and Valdi Licul for Plaintiff; Joshua Steele for Defendant New York State Police; Rita Glavin for Defendant Andrew Cuomo; Elkan Abramowtiz, Catherine Foti, Joseph Stern, and Rachel Fleig-Goldstein for Defendants Melissa DeRosa and Richard Azzopardi. Discussion was held regarding Defendant Cuomo's Letter Regarding Discovery #34 and Defendants DeRosa and Azzopardi noted that they today filed a Motion for Pre Motion Conference #35 in which they seek a stay of discovery pending resolution of their anticipated motion to dismiss.The parties represented that they have already completed their Rule 26(f) conference. The parties' proposed discovery schedule is adopted, in part, as follows. Initial disclosures shall be exchanged by 6/13/2022. First requests for production of documents and interrogatories are due by 6/27/2022. Phase I discovery shall be completed by 7/29/2022. The deadline to join new parties or amend the pleadings to add claims against any individual defendant is 6/13/2022. Plaintiff represented that she anticipates an amendment to add Title VII claims against the New York State Police once her administrative remedies are exhausted with the EEOC. Fact discovery shall be completed by 1/11/2023. The deadline to file a status report on ECF certifying the close of fact discovery is 1/16/2023. In their status report certifying the close of fact discovery, the parties are directed to inform the Court whether they need an expert discovery schedule and, if needed, propose an expert discovery schedule. In the event that no expert discovery schedule is set, the deadline to initiate any dispositive motions is 2/16/2023, and should be done in accordance with the individual rules of the assigned District Judge. Brief discussion was held regarding Plaintiff's Motion to Proceed Using a Pseudonym #3 . Defendants DeRosa and Azzopardi are directed to file a letter by 6/7/2022 in response to Plaintiff's Motion to Proceed Using a Pseudonym #3 . A telephonic Status Conference will be held on 8/15/2022 at 10:00 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. The parties are directed to be prepared to discuss their progress as to discovery. Ordered by Magistrate Judge Taryn A. Merkl on 6/3/2022. (AT&T Log #11:33-12:20.) (Devanathan, Deepa)
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ORDER: The parties' motion #32 to ADJOURN the June 14, 2022 pre-motion conference is DENIED. Ordered by Judge LaShann DeArcy Hall on 6/1/2022. (Williams, Erica)
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| Filing 34 Letter Regarding Proposed Discovery Plan by Andrew Cuomo (Glavin, Rita) |
| Filing 33 Proposed Scheduling Order (Joint) by Trooper 1 (Licul, Valdi) |
| Filing 32 Joint MOTION to Adjourn Conference Scheduled for June 14, 2022 by Andrew Cuomo. (Glavin, Rita) |
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ORDER: Motion to Substitute #28 is granted. So Ordered by Magistrate Judge Taryn A. Merkl on 5/24/2022. (Devanathan, Deepa)
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| Filing 31 NOTICE of Appearance by Rachel Fleig-Goldstein on behalf of Richard Azzopardi, Melissa DeRosa (aty to be noticed) (Fleig-Goldstein, Rachel) |
| Filing 30 NOTICE of Appearance by Joseph Stern on behalf of Richard Azzopardi, Melissa DeRosa (aty to be noticed) (Stern, Joseph) |
| Filing 29 NOTICE of Appearance by Catherine Foti on behalf of Richard Azzopardi, Melissa DeRosa (aty to be noticed) (Foti, Catherine) |
| Filing 28 MOTION to Substitute Attorney by Richard Azzopardi, Melissa DeRosa. (Abramowitz, Elkan) |
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ORDER: Defendants' requests #16 #24 for a pre-motion conference on their anticipated motions to dismiss are GRANTED. A pre-motion conference shall be held on June 14, 2022, at 2:00 p.m. in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 5/12/2022. (Williams, Erica)
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Filing 27
SCHEDULING ORDER: A telephonic Initial Conference will be held on 6/6/2022 at 11:30 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 5/31/2022 . Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 5/9/2022. (Chan, Kaity)
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| Filing 26 ANSWER to #7 Amended Complaint by New York State Police. (Steele, Joshua) |
| Filing 25 Letter in Response to Defendant Cuomo's Request for a Pre-Motion Conference (Dkt. No. 24) by Trooper 1 (Licul, Valdi) |
| Filing 24 Letter to Request a Pre-Motion Conference by Andrew Cuomo (Glavin, Rita) |
| Filing 23 RESPONSE to Motion re #3 MOTION to Continue Anonymously under a Pseudonym Consenting to Motion and Reserving Right to Revisit filed by Andrew Cuomo. (Glavin, Rita) |
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ORDER: Motion for Extension of Time #22 is granted, on consent. Defendant New York State Police shall file an Answer, move, or otherwise respond to the Amended Complaint on or before 5/6/2022. In light of this extension, Motion to Withdraw #21 is granted and Motion for Pre Motion Conference #20 is terminated as moot, on consent. So Ordered by Magistrate Judge Taryn A. Merkl on 4/8/2022. (Devanathan, Deepa)
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| Filing 22 Second MOTION for Extension of Time to File Answer re #7 Amended Complaint Proposed Stipulation and Order to Extend time to Answer by New York State Police. (Moore, Daniel) |
| Filing 21 Letter MOTION to Withdraw #20 Letter MOTION for pre motion conference re #7 Amended Complaint Request permission to withdraw letter request dated March 31, 2022 asking for a pre-motion conference by New York State Police. (Moore, Daniel) |
| Filing 20 Letter MOTION for pre motion conference re #7 Amended Complaint by New York State Police. (Moore, Daniel) |
| Filing 19 Letter to the Honorable LaShann DeArcy Hall from Valdi Licul dated March 23, 2022 re: Plaintiff's Response to Defendants' Request for a Pre-Motion Conference (Dkt. No. 16) by Trooper 1 (Licul, Valdi) |
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ORDER: Motion for Extension of Time #18 is granted, on consent. Defendant Andrew Cuomo shall file an Answer, move, or otherwise respond to the Amended Complaint and Motion to Proceed Anonymously on or before 4/18/2022. So Ordered by Magistrate Judge Taryn A. Merkl on 3/23/2022. (Devanathan, Deepa)
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| Filing 18 First MOTION for Extension of Time to File Answer re #7 Amended Complaint Stipulation and Order to Extend Time by Andrew Cuomo. (Glavin, Rita) |
| Filing 17 NOTICE of Appearance by Rita M Glavin on behalf of Andrew Cuomo (aty to be noticed) (Glavin, Rita) |
| Filing 16 Letter to request a pre-motion conference by Richard Azzopardi, Melissa DeRosa (Shechtman, Paul) |
| Filing 15 First MOTION for Extension of Time to File Answer re #7 Amended Complaint Stipulation and Order to Extend Time to Answer by New York State Police. (Moore, Daniel) |
| Filing 14 NOTICE of Appearance by Daniel J. Moore on behalf of New York State Police (aty to be noticed) (Moore, Daniel) |
| Filing 13 NOTICE of Appearance by Joshua Steele on behalf of New York State Police (aty to be noticed) (Steele, Joshua) |
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ORDER: The Motion for Extension of Time to File #15 is granted, on consent. Defendant New York State Police shall file an Answer, move, or otherwise respond to the Amended Complaint on or before 4/18/2022. So Ordered by Magistrate Judge Taryn A. Merkl on 3/15/2022. (Devanathan, Deepa)
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| Filing 12 RESPONSE to Motion re #3 MOTION to Continue Anonymously under a Pseudonym : Defendants Azzopardi and DeRosa consent to the motion filed by Richard Azzopardi, Melissa DeRosa. (Shechtman, Paul) |
| Filing 11 NOTICE of Appearance by Paul Shechtman on behalf of Richard Azzopardi (aty to be noticed) (Shechtman, Paul) |
| Filing 10 NOTICE of Appearance by Paul Shechtman on behalf of Melissa DeRosa (aty to be noticed) (Shechtman, Paul) |
| Filing 9 AMENDED Summons Issued as to Richard Azzopardi. (Layne, Monique) |
| Filing 8 Proposed Summons. Re #7 Amended Complaint by Trooper 1 (Licul, Valdi) |
| Your proposed summons was not issued for one of the following reasons: Please update/correct name of Clerk Of Court on the form. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Layne, Monique) |
| Filing 7 AMENDED COMPLAINT against Andrew Cuomo, Melissa DeRosa, New York State Police, Richard Azzopardi, filed by Trooper 1. (Attachments: #1 Proposed Summons as to Richard Azzopardi) (Licul, Valdi) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 4 Summons Issued as to All Defendants. (Attachments: #1 DeRosa summons, #2 Cuomo summons) (Bowens, Priscilla) |
| Filing 3 MOTION to Continue Anonymously under a Pseudonym by Trooper 1. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Valdi Licul in Support of Motion) (Licul, Valdi) |
| Filing 2 NOTICE of Appearance by John S. Crain on behalf of Trooper 1 (aty to be noticed) (Crain, John) |
| Filing 1 COMPLAINT against Andrew Cuomo, Melissa DeRosa, New York State Police filing fee $ 402, receipt number ANYEDC-15301995, filed by Trooper 1. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons as to New York State Police, #3 Proposed Summons as to Andrew Cuomo, #4 Proposed Summons as to Melissa DeRosa) (Licul, Valdi) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Taryn A. Merkl. 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) |
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