Alston et al v. City of New York et al
Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton and Jacob Williams |
City of New York, Corey Sessa, Dana Ladson, Carlo Cotignola, Steven Stoyan, John and Jane Does 1-15, Capt Omar Birchwood, Erek Powers, Arthur McCarthy, Antonio Dinuzzo, Carlo Paredes, David D'Amico, James Fowler and Peter Amorello |
1:2022cv03665 |
June 21, 2022 |
US District Court for the Eastern District of New York |
Robert M Levy |
Eric N Vitaliano |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Plaintiff |
Docket Report
This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.
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Filing 42 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. Erek Powers served on 8/8/2023, answer due 8/29/2023. (Lumer, Michael) |
Filing 41 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. Carlo Paredes served on 8/8/2023, answer due 8/29/2023. (Lumer, Michael) |
Filing 40 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. Arthur McCarthy served on 8/8/2023, answer due 8/29/2023. (Lumer, Michael) |
Filing 39 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. James Fowler served on 8/8/2023, answer due 8/29/2023. (Lumer, Michael) |
Filing 38 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. Antonio Dinuzzo served on 8/8/2023, answer due 8/29/2023. (Lumer, Michael) |
Filing 37 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. Omar Birchwood served on 8/8/2023, answer due 8/29/2023. (Lumer, Michael) |
Filing 36 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. Peter Amorello served on 8/8/2023, answer due 8/29/2023. (Lumer, Michael) |
Filing 35 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. David D'Amico served on 8/8/2023, answer due 8/29/2023. (Lumer, Michael) |
Filing 34 STATUS REPORT on behalf of all parties by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams (Lumer, Michael) |
ORDER RE #34 : Next status report due October 10, 2023. The fact discovery deadline is extended to a date to be set at the conference on 10/17/23. Ordered by Magistrate Judge Robert M. Levy on 8/8/2023. (JM) |
STATUS REPORT ORDER Status Report due by 8/8/2023. Counsel shall file a joint status report describing the status of the case and proposing a revised case management order for the completion of discovery. The conference scheduled for 8/8/23 is adjourned to 10/17/23 at 10:00 am (same dial-in number and access code)(status of discovery).Ordered by Magistrate Judge Robert M. Levy on 7/22/2023. (Levy, Robert) |
ORDER granting in part and denying in part #31 Motion to Unseal Document #31 . The Court adopts defendants proposed order with the exception of the final paragraph, which is modified to state: There shall be no limitation on a partys use of a document ordered unsealed by this Order for any purpose in this litigation. However, a party may not use a document ordered unsealed by this Order outside this litigation without the express permission of the subject of the unsealed document at issue. Ordered by Magistrate Judge Robert M. Levy on 7/22/2023. (Levy, Robert) |
Filing 33 Summons Issued as to Peter Amorello, Omar Birchwood, David D'Amico, Antonio Dinuzzo, James Fowler, Arthur McCarthy, Carlo Paredes, Erek Powers. (JT) |
Filing 32 RESPONSE in Opposition re #31 MOTION to Unseal Document respectfully submitting the defendant's proposed unsealing order , or, alternatively, to have until 7/25 to file a more comprehensive opposition and motion for sanctions, filed by All Plaintiffs. (Lumer, Michael) |
Filing 31 MOTION to Unseal Document respectfully submitting the defendant's proposed unsealing order by City of New York, Carlo Cotignola, Dana Ladson, Corey Sessa, Steven Stoyan. (Attachments: #1 Proposed Order proposed unsealing order) (Accarino, Gregory) |
Filing 30 Proposed Summons. Re #26 Amended Complaint, by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams (Lumer, Michael) |
Filing 29 ANSWER to #26 Amended Complaint, by City of New York, Carlo Cotignola, Dana Ladson, Corey Sessa, Steven Stoyan. (Accarino, Gregory) |
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must be a rider attached to the summons with the name and addresses of all defendants included. Also, the full case caption must appear on the summons. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (JT) |
Filing 28 Proposed Summons. Re #26 Amended Complaint, by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams (Attachments: #1 Proposed Summons for Omar Birchwood, #2 Proposed Summons for David D'Amico, #3 Proposed Summons for Antonio Dinuzzo, #4 Proposed Summons for James Fowler, #5 Proposed Summons for Arthur McCarthy, #6 Proposed Summons for Carlo Paredes, #7 Proposed Summons for Erek Powers) (Lumer, Michael) |
ORDER granting #27 MOTION for Extension of Time to Amend Complaint and to deem today's filing timely nunc pro tunc. Ordered by Magistrate Judge Robert M. Levy on 6/16/2023. (JM) |
Filing 27 MOTION for Extension of Time to Amend Complaint and to deem today's filing timely nunc pro tunc, by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams. (Lumer, Michael) |
Filing 26 AMENDED COMPLAINT against Omar Birchwood, Erek Powers, Arthur McCarthy, Antonio Dinuzzo, Carlo Paredes, David D'Amico, James Fowler, Peter Amorello, filed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. (Lumer, Michael) |
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Lumer, Gregory Accarino. (1) Motion to compel identification of 8 witnesses granted. See NY CPL Section 160.50. (2) Disputes over production of officers' personnel and and disciplinary records resolved. (3) Because of the number of plaintiffs in this case, the limit on interrogatories is increased to 32. (4) On consent, the deadline for filing an amended complaint is extended to 5/26/23. (5) A status report is due on 6/30/23. (6) Next conference 8/8/23 at 2:00 (close of discovery/status)(same dial-in number and access code).Discovery Hearing, Motion Hearing held on 5/16/2023 re #25 MOTION to Compel. (Levy, Robert) |
Filing 25 Letter to alert the Court to two issues the plaintiffs will raise at the May 16 status conference, by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams (Lumer, Michael) Modified on 5/16/2023 (Levy, Robert). |
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Lumer, Gregory Accarino. Settlement explored in depth. Defendants to respond to outstanding discovery requests by 4/3/23; deadline to amend pleadings 5/5/23; fact discovery deadline8/15/23. Next conference 5/16/23 at 10:00 (tel)(status).Settlement Conference held on 3/1/2023 (Levy, Robert) |
Filing 24 STATUS REPORT respectfully submitting the Parties' Joint Status Report re: March 1, 2023 Court Conference by City of New York, Carlo Cotignola, Corey Sessa, Steven Stoyan (Accarino, Gregory) |
ORDER The Court will discuss the parties respective positions on settlement and discovery at the 3/1/23 conference. Ordered by Magistrate Judge Robert M. Levy on 2/23/2023. (Levy, Robert) |
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Lumer, Gregory Accarino. (1) return of Mr. Alstons vouchered money completed. (2) Discovery targeted to settlement. Plaintiffs to make a settlement demand, Defendants to provide body camera footage. Pre-settlement conference 3/1/23 at 10:30 (same dial-in number and access code).Status Conference held on 12/15/2022 (Levy, Robert) |
GRANTING ORDER re #23 Letter filed by Cardell Alston. Details to be discussed at 12/15/22 conference. Ordered by Magistrate Judge Robert M. Levy on 12/15/2022. (Levy, Robert) |
Filing 23 Letter w/proposed order and affidavit by Cardell Alston (Lumer, Michael) |
ORDER granting #21 Motion for Pre Motion Conference, which was held 11/15/22. Counsel to submit proposed order for Courts signature. Ordered by Magistrate Judge Robert M. Levy on 11/15/2022. (Levy, Robert) |
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Lumer, Gregory Accorino. Case management order entered. Deadline for amending pleadings 3/31/23; fact discovery deadline 5/15/23. Settlement explored in some detail. Next conference 12/15/22 at 10:00 (settlement status)(same dial-in number and access code).Initial Conference Hearing held on 11/15/2022 (Levy, Robert) |
Filing 22 CASE MANAGEMENT STATEMENT respectfully submitting the Parties' Initial Conference Questionnaire (Attachments: #1 Initial Conference Questionnaire) (Accarino, Gregory) |
Filing 21 Consent MOTION for pre motion conference to discuss stipulation/order for the return of plaintiff Alston's property, by Cardell Alston. (Lumer, Michael) |
Filing 20 SCHEDULING ORDER: An initial conference by telephone has been scheduled for November 15, 2022 at 12:00 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge at (888) 684-8852; Access Code #: 6223489. Ordered by Magistrate Judge Robert M. Levy on 9/27/2022. (Attachments: #1 IC QUESTIONNAIRE, #2 INDIVIDUAL RULES) (Marino, Janine) |
Filing 19 ANSWER to #1 Complaint, by City of New York, Carlo Cotignola, Dana Ladson, Corey Sessa, Steven Stoyan. (Accarino, Gregory) |
ORDER granting #18 Motion for Extension of Time from 9/12/22 to 9/26/22 to Answer as to all defendants. Ordered by Magistrate Judge Robert M. Levy on 9/9/2022. (Marino, Janine) |
Filing 18 MOTION for Extension of Time to File Answer respectfully requesting a fourteen (14) day extension of time to answer or otherwise respond to the Complaint by City of New York. (Accarino, Gregory) |
Filing 17 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. Steven Stoyan served on 7/25/2022, answer due 8/15/2022. (Lumer, Michael) |
Filing 16 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. Corey Sessa served on 8/1/2022, answer due 8/22/2022. (Lumer, Michael) |
Filing 15 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. Carlo Cotignola served on 8/1/2022, answer due 8/22/2022. (Lumer, Michael) |
Filing 14 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. Dana Ladson served on 7/29/2022, answer due 8/19/2022. (Lumer, Michael) |
Filing 13 Summons Issued as to Carlo Cotignola, Dana Ladson, Corey Sessa, Steven Stoyan. (Attachments: #1 Summons Issued, #2 Summons Issued, #3 Summons Issued) (Tavarez, Jennifer) |
Filing 12 Proposed Summons. by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams (Lumer, Michael) |
Filing 11 Proposed Summons. by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams (Lumer, Michael) |
Filing 10 Proposed Summons. by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams (Lumer, Michael) |
Filing 9 Proposed Summons. by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams (Lumer, Michael) |
Filing 8 MOTION for Extension of Time to File Answer respectfully requesting a sixty (60) day extension of time to answer or otherwise respond to the Complaint by City of New York. (Accarino, Gregory) |
ORDER granting #8 Motion for Extension of Time to Answer. City of New York answer due 9/12/2022. Ordered by Magistrate Judge Robert M. Levy on 6/28/2022. (Marino, Janine) |
Filing 7 SUMMONS Returned Executed by Robert Soto, Carliek Matthews, Lennard Babb, Cardell Alston, Jacob Williams, Anthony Livingston, Desmond Brooks, Kyle Saxon, Allen Thornton, Judon McLeod, Johnnie House, Isaiah Solomon, K'Shawn Hunter. City of New York served on 6/22/2022, answer due 7/13/2022. (Lumer, Michael) |
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 City of New York. (Bowens, Priscilla) |
Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Robert M. Levy. 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 3 Proposed Summons. by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams (Lumer, Michael) |
Filing 2 Civil Cover Sheet.. by Cardell Alston, Lennard Babb, Desmond Brooks, Johnnie House, K'Shawn Hunter, Anthony Livingston, Carliek Matthews, Judon McLeod, Kyle Saxon, Isaiah Solomon, Robert Soto, Allen Thornton, Jacob Williams (Lumer, Michael) |
Filing 1 COMPLAINT against City of New York, Corey Sessa, Dana Ladson, Carlo Cotignola, Steven Stoyan, John and Jane Does 1-15 filing fee $ 402, receipt number ANYEDC-15679219 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Anthony Livingston, Robert Soto, Desmond Brooks, Carliek Matthews, Kyle Saxon, Allen Thornton, Lennard Babb, Judon McLeod, Cardell Alston, Johnnie House, Jacob Williams, Isaiah Solomon, K'Shawn Hunter. (Lumer, Michael) |
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