Dawson v. The City of New York et al
| Loren Dawson |
| The City of New York, Kings County District Attorney's Office and Natalie C. Riether |
| 1:2022cv04784 |
| August 15, 2022 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Kiyo A Matsumoto |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
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Filing 17
STATUS REPORT Re: Plaintiff's Amended Complaint, Defendants' Anticipated Motion to Dismiss by Kings County District Attorney's Office, Natalie C. Riether, The City of New York (Spears, Andrew)
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Filing 16
AMENDED COMPLAINT against Loren Dawson, filed by Loren Dawson. (Seilback, Darren)
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Filing 15
NOTICE of Appearance by Darren Ross Seilback on behalf of Loren Dawson (aty to be noticed) (Seilback, Darren)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 9/16/2022. Appearances: Darren Seilback, Esq. for Plaintiff; Andrew Spears, Esq. for Defendants. The Court held a pre-motion conference in Courtroom 6C South to discuss Defendants' anticipated motion to dismiss, with the parties appearing by telephone. As discussed on the record, the Court grants Plaintiff leave to amend. Plaintiff shall file an amended complaint by October 5, 2022, and within 1 week of the filing of the amended complaint, the parties shall file a joint letter advising the Court how they intend to proceed. After the amended complaint is filed and prior to filing the joint letter to the Court, the parties shall engage in good-faith settlement discussions in an attempt to resolve this case without engaging in motion practice. In the event settlement discussions prove unfruitful and Defendants wish to move to dismiss, the joint letter should set forth a mutually agreeable briefing schedule for Defendants' motion to dismiss the amended complaint, as well as Defendants' bases for moving to dismiss. The parties are reminded to review the undersigned's Chambers Practices, available at https://www.nyed.uscourts.gov/pub/rules/KAM-MLR.pdf. The parties are respectfully directed to send two bound courtesy copies of all papers related to the motion to chambers, via FedEx or messenger.Mr. Seilback is directed to file an appearance as soon as possible. (Court Reporter Charleane Heading.) (Ahn, Lois)
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Filing 14
MOTION to Adjourn Conference re: pre-motion conference by Loren Dawson. (Babat, Eric)
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ORDER denying #14 Motion to Adjourn Conference. The Court shall address Plaintiff's proposed amendment at the pre-motion conference scheduled for September 16, 2022 at 1:00 pm. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 9/13/2022. (Ahn, Lois)
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Filing 13
Consent MOTION to Stay Discovery, MOTION to Adjourn Conference Scheduled for November 18, 2022 by Kings County District Attorney's Office, Natalie C. Riether, The City of New York. (Spears, Andrew)
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ORDER granting #13 Motion to Adjourn Conference and granting #13 Motion to Stay. The request to stay all discovery and adjourn the forthcoming initial conference sine die is granted. The parties are directed to file a joint proposed discovery plan within seven (7) days of a decision on any anticipated motion to dismiss, if the motion is not fully granted. Ordered by Magistrate Judge Peggy Kuo on 9/9/2022. (O'Neil-Berven, Ryan)
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ORDER: The #12 request to stay discovery and adjourn the initial conference before Magistrate Judge Kuo is denied without prejudice for failure to comply with Judge Kuo's individual practice rule III.C.2.b. Ordered by Magistrate Judge Peggy Kuo on 9/8/2022. (O'Neil-Berven, Ryan)
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ORDER granting #12 Motion for Pre Motion Conference; terminating #12 Motion to Adjourn Initial Conference/Stay Discovery. Pre Motion Hearing set for 9/16/2022 01:00 PM in Courtroom 6C South before Judge Kiyo A. Matsumoto. The parties shall appear by telephone. Plaintiff shall file a response, if any, to Defendants' #12 letter requesting a pre-motion conference by September 14, 2022. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. The Court advises Defendants that any motions related to discovery should be addressed to Magistrate Judge Kuo. Ordered by Judge Kiyo A. Matsumoto on 9/8/2022. (Ahn, Lois)
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Filing 12
MOTION for pre motion conference re: Defendants' Anticipated Motion to Dismiss; Motion for Stay of Discovery/Adjournment of Initial Conference by Kings County District Attorney's Office, Natalie C. Riether, The City of New York. (Spears, Andrew). Added MOTION to Adjourn Conference on 9/8/2022 (O'Neil-Berven, Ryan).
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Filing 11
NOTICE of Appearance by Andrew B. Spears on behalf of Kings County District Attorney's Office, Natalie C. Riether, The City of New York (aty to be noticed) (Spears, Andrew)
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Filing 10
SUMMONS Returned Executed by Loren Dawson. The City of New York served on 8/18/2022, answer due 9/8/2022. (Avshalumov, Roman)
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Filing 9
SUMMONS Returned Executed by Loren Dawson. Kings County District Attorney's Office served on 8/17/2022, answer due 9/7/2022; Natalie C. Riether served on 8/17/2022, answer due 9/7/2022. (Attachments: #1 Affidavit JOANNE F. (REFUSED FULL NAME), LEGAL CLERK,) (Babat, Eric)
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Filing 8
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on November 18, 2022 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By November 10, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 8/15/2022. (O'Neil-Berven, Ryan)
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Filing 7
Summons Issued as to Kings County District Attorney's Office, Natalie C. Riether, The City of New York. (Davis, Kimberly)
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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)
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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)
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Filing 4
Proposed Summons.Civil Cover Sheet.. by Loren Dawson (Attachments: #1 Civil Cover Sheet) (Babat, Eric)
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Filing 3
Proposed Summons.Civil Cover Sheet.. by Loren Dawson (Attachments: #1 Civil Cover Sheet) (Babat, Eric)
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Filing 2
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. Please Refer to all corrections made on this case. (Davis, Kimberly)
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Filing 1
COMPLAINT against Kings County District Attorney's Office, Natalie C. Riether, Individually, Assistant District Attorney, The City of New York filing fee $ 402, receipt number ANYEDC-15843909 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Loren Dawson. (Babat, Eric)
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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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Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit A COMPLETED SECOND PAGE Of the Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly)
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Case Reassigned to Judge Kiyo A. Matsumoto and Magistrate Judge Peggy Kuo. 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)
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