Williams v. The City of New York et al
| Laurice Williams |
| Seeta Doechan |
| The City of New York and The New York City Department Of Correction |
| Morris Lewis |
| Darwin Brathwaite and Jermaine Phillips |
| 1:2023cv00836 |
| February 3, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Peggy Kuo |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Both |
Docket Report
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This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.
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Filing 48
RESPONSE in Opposition re #42 MOTION to Amend/Correct/Supplement #25 Amended Answer to Complaint,, Third Party Complaint,, Crossclaim, filed by Laurice Williams. (Liggieri, Paul)
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Filing 47
RESPONSE in Opposition re #42 MOTION to Amend/Correct/Supplement #25 Amended Answer to Complaint,, Third Party Complaint,, Crossclaim, filed by The City of New York, The New York City Department Of Correction. (Karseboom, Kimberly)
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ORDER: Defendants City of New York and The New York City Department of Correction (the "City Defendants") have filed a motion seeking a fee waiver for mediation at #46 . City Defendants did not raise the issue of the nominal mediation fee as being an obstacle to mediation when they consented to a referral to mediation during a status conference with the Court on April 26, 2023. Nor did they raise it when they stated in their joint letter at #39 , "We write to Your Honor, with the consent of all parties to request that we continue with the EDNY's mediation program and set a date certain." The City Defendants do not explain why cost has now become an issue, seven months later. Nevertheless, with the expectation that all parties will engage in mediation in good faith and not waste the mediator's time, the fee waiver is granted. Ordered by Magistrate Judge Peggy Kuo on 11/16/2023. (RO)
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Filing 46
Letter seeking fee waiver for mediation by The City of New York, The New York City Department Of Correction (Karseboom, Kimberly) Modified on 11/16/2023 to add motion event to filing (RO).
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Filing 45
FRAP 24 CERTIFICATE, USCA Appeal Fees received $ 505 receipt number 100010628 re #40 Notice of Interlocutory Appeal filed by Morris Lewis (VJ)
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Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. #40 Notice of Interlocutory Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ)
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Filing 44
MINUTE ENTRY AND ORDER: A Status Conference was held by telephone before Magistrate Judge Peggy Kuo on November 2, 2023. Paul Liggieri, Esq., appeared on behalf of Plaintiff. Kimberly Rose Karseboom, Esq., appeared on behalf of the City Defendants. Charles Kleiner, Esq., appeared on behalf of Defendant Morris Lewis. Attorney Kleiner is directed to file a notice of appearance as soon as possible. Stephen McQuade, Esq., appeared on behalf of Defendant Seeta Doechan. No appearance on behalf of Third-Party Defendants Darwin Brathwaite and Jermaine Phillips.Any opposition to the #42 Motion to Amend the Third-Party Complaint must be filed by November 17, 2023. Any reply to such opposition shall be filed no later than November 27, 2023.The attached scheduling order is entered setting forth dates for the completion of discovery and other pre-trial matters. Mediation shall be completed by January 19, 2024. The parties are directed to file a joint status report by January 23, 2024, regarding the result of mediation, and, if mediation is not successful, reporting on the progress of discovery and indicating whether they would like a settlement conference with the Court. The deadline for the parties to complete fact discovery is March 1, 2024. The parties are directed to file a joint status report no later than March 8, 2024, certifying the close of fact discovery, indicating whether any expert discovery is anticipated, and proposing deadlines for dispositive motion practice and the proposed joint pre-trial order.To the extent that the parties are unable to resolve any discovery disputes, they are directed to file a joint letter detailing their respective positions on those disputes. (FTR Log #10:05-10:23.) (NS)
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Filing 43
Proposed Scheduling Order on PDF with text as per order by Laurice Williams (Liggieri, Paul)
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Filing 42
MOTION to Amend/Correct/Supplement #25 Amended Answer to Complaint,, Third Party Complaint,, Crossclaim, by Morris Lewis. (Raynor, E.)
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Filing 41
MOTION to Amend/Correct/Supplement #25 Amended Answer to Complaint,, Third Party Complaint,, Crossclaim, by Morris Lewis. (Attachments: #1 Exhibit Jury Trial Order of October 31, 2023, #2 Exhibit Third Party Plaintiff's Proposed Second Amended Third Party Complaint) (Raynor, E.). Added MOTION to Adjourn Conference on 11/1/2023 (RO).
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ORDER: The #41 Motion to Amend/Correct/Supplement and #41 Motion to Adjourn Conference are denied for failure to comply with Judge Kuo's individual practice rules. All requests must state whether the other parties consent to the request. Ordered by Magistrate Judge Peggy Kuo on 11/1/2023. (RO)
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APPEAL FILING FEE DUE re #40 Notice of Interlocutory Appeal Payment in the amount of $505.00, can be made in person to the clerks office, or mailed in or paid online with the event Civil Case Appeal Filing Fee. (VJ)
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Electronic Index to Record on Appeal sent to US Court of Appeals. #40 Notice of Interlocutory Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ)
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Filing 40
NOTICE OF INTERLOCUTORY APPEAL as to #38 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion for Reconsideration by Morris Lewis. (VJ)
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SCHEDULING ORDER: In light of the parties' failure to comply with the Court's 10/16/2023 Minute Entry and 10/25/2023 Order, a telephone Conference is scheduled for November 2, 2023 at 10:00 a.m. before Magistrate Judge Peggy Kuo. 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.) Ordered by Magistrate Judge Peggy Kuo on 10/30/2023. (RO)
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ORDER: Pursuant to the Minute Entry dated October 16, 2023, the parties were directed to file a joint proposed scheduling order by October 23, 2023. The parties have failed to comply with this Court Order and are directed to file the outstanding joint proposed discovery plan by October 27, 2023. A PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf. Ordered by Magistrate Judge Peggy Kuo on 10/25/2023. (RO)
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MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (JR)
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MINUTE ENTRY AND ORDER: A Status Conference was held by telephone before Magistrate Judge Peggy Kuo on October 16, 2023. Paul Liggieri, Esq., appeared on behalf of Plaintiff. Kimberly Rose Karseboom, Esq., appeared on behalf of the City Defendants. E. Dubois Raynor, Jr., Esq., appeared on behalf of Defendant Morris Lewis. Stephen McQuade, Esq., appeared on behalf of Defendant Seeta Doechan. No appearance on behalf of Third-Party Defendants Darwin Brathwaite and Jermaine Phillips.The parties are directed to file a joint proposed scheduling order by October 23, 2023. Any motion to amend Defendant Morris Lewis's third-party complaint must be filed by October 30, 2023 and include all parties' positions with respect to the motion. This case is referred to the EDNY ADR Program for court-annexed mediation to be completed by January 19, 2024. The parties are directed to file a joint status report by January 23, 2024, regarding the result of mediation, and indicating, if mediation is not successful, whether they would like a settlement conference with the Court. (FTR Log #11:05-11:31.) (NS)
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SCHEDULING ORDER: The Status Conference is scheduled by telephone for October 16, 2023 is adjourned to 11:00 a.m. before Magistrate Judge Peggy Kuo. 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.) Ordered by Magistrate Judge Peggy Kuo on 10/16/2023. (ML)
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ORDER: The requests in the #39 Letter will be addressed at the status conference scheduled for October 16, 2023. Ordered by Magistrate Judge Peggy Kuo on 10/5/2023. (RO)
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Filing 39
Letter regarding Mediation Program by Laurice Williams (Liggieri, Paul)
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SCHEDULING ORDER: A Status Conference is scheduled by telephone for October 16, 2023 at 10:30 a.m. before Magistrate Judge Peggy Kuo. 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.) Ordered by Magistrate Judge Peggy Kuo on 10/4/2023. (RO)
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Filing 38
MEMORANDUM DECISION AND ORDER, City Defendants' motion to dismiss Lewis's cross claims is granted, and Lewis's motion for reconsideration is denied. So Ordered by Judge Brian M. Cogan on 9/29/2023. (TLH)
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Filing 37
MOTION for Reconsideration re Order,,,,, by Morris Lewis. (Attachments: #1 Memorandum in Support Supporting Memo, #2 Affidavit Counsel's Declaration in Support of Motion for Reconsideration) (Raynor, E.)
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ORDER: Pursuant to the Order entered on September 22, 2023, the parties were directed to confer and file a joint letter updating the Court if they wish to continue with or be withdrawn from the EDNY's court-annexed mediation program by September 27, 2023. The parties have failed to comply with this Court Order and are directed to file the outstanding joint letter no later than October 3, 2023. If the parties wish to continue with the mediation program, they should jointly propose a date by which such mediation will be completed. Ordered by Magistrate Judge Peggy Kuo on 9/29/2023. (RO)
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Filing 36
Summons Issued as to Darwin Brathwaite. (RG)
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Filing 35
Summons Issued as to Jermaine Phillips. (RG)
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ORDER denying defendant Lewis's improperly styled #29 motion for injunctive relief. Defendant Lewis claims he will be irreparably harmed by the OATH proceeding because the findings of that body will have preclusive effect in this case. Lewis's motion presents two contrary positions, but neither satisfies the "irreparable harm" standard. First, he says he will prevail in the OATH proceedings. In that case, there would be no irreparable harm. Then, he contradicts himself, saying he will lose before the OATH tribunal because the OATH proceedings are unfair. But if that's the case, and (as Lewis claims) he is unable to present evidence and defend himself, then the OATH proceeding would have no preclusive effect because this Court is only required to credit OATH's fact-finding if that body affords Lewis a "full and fair opportunity to litigate." Locurto v. Giuliani, 447 F.3d 159, 170 (2d Cir. 2006). Thus, in neither case can Lewis establish that he will suffer irreparable injury in the absence of an injunction. See Salinger v. Colting, 607 F.3d 68, 79-80 (2d Cir. 2010); see also Clark v. Childs, 416 F. Supp. 3d 221, 223 (E.D.N.Y. 2017). The Court's earlier order granting #32 MOTION for Extension of Time to Reply is thus VACATED, and #32 is denied as moot. Ordered by Judge Brian M. Cogan on 9/26/2023. (PW)
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ORDER granting #32 . Defendant Morris Lewis' response due by 9/29/2023. Ordered by Judge Brian M. Cogan on 9/26/2023. (PW)
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Filing 34
Proposed Summons. by Morris Lewis (Raynor, E.)
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Filing 33
Proposed Summons. by Morris Lewis (Raynor, E.)
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Filing 32
MOTION for Extension of Time to File Response/Reply by Morris Lewis. (Raynor, E.)
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Filing 31
REPLY in Opposition re #29 Response in Opposition to Motion for Preliminary Injunction, REPLY in Support of City's Motion to Dismiss Lewis' cross-claims filed by The City of New York, The New York City Department Of Correction. (Karseboom, Kimberly)
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ORDER: Pursuant to the minute entry dated April 26, 2023, this case was referred to court-annexed mediation. By September 27, 2023, the parties are directed to confer and file a joint letter updating the Court if they wish to continue with or be withdrawn from the EDNY's court-annexed mediation program. If the parties wish to continue with the mediation program, they should jointly propose a date by which such mediation will be completed. Ordered by Magistrate Judge Peggy Kuo on 9/22/2023. (RO)
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Filing 30
RESPONSE in Opposition re #27 First MOTION to Dismiss for Failure to State a Claim of Defendant Lewis' cross-claims Response joining City Defendant Motion to Dismiss and Opposing Defendant Lewis Request for Preliminary Injunction filed by Laurice Williams. (Liggieri, Paul)
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Filing 29
RESPONSE in Opposition re #27 First MOTION to Dismiss for Failure to State a Claim of Defendant Lewis' cross-claims filed by Morris Lewis. (Raynor, E.)
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ORDER granting in part #28 . Plaintiff may have until 9/15/23 to file opposition to the pending motion. The Court is not going to grant defendants two weeks to reply before it has even seen plaintiff's opposition. Ordered by Judge Brian M. Cogan on 9/7/2023. (PW)
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MINUTE ENTRY AND ORDER: A status conference was held by telephone before Magistrate Judge Peggy Kuo on September 7, 2023. Paul Liggieri, Esq., appeared on behalf of Plaintiff. Kimberly Rose Karseboom, Esq., appeared on behalf of the City Defendants. E. Dubois Raynor, Jr., Esq., appeared on behalf of Defendant Morris Lewis. Stephen McQuade, Esq., appeared on behalf of Defendant Seeta Doechan. No appearance on behalf of Third-Party Defendants Darwin Brathwaite and Jermaine Phillips.The parties stated that they are engaging in the informal exchange of information, and brought to the Court's attention two associated cases, Cronin v. The City of New York et al, No. 23-CV-1573 (FB)(LB), and Gairy v. The City of New York et al, No. 23-CV-802 (NGG)(SJB). Defendant Morris Lewis is directed to promptly serve his #16 Answer and Third-Party Complaint on Third-Party Defendants Darwin Brathwaite and Jermaine Phillips and file an affidavit of service on the docket. Ms. Karseboom requested that Defendant Lewis also email a copy of the affidavit of service to her. For the reasons stated on the record, discovery is stayed until a decision has been rendered on the #27 Motion to Dismiss. The parties are directed to file a joint status report within five days of any decision on the #27 Motion to Dismiss, indicating whether discovery should proceed, and if so, providing the Court with a proposed discovery plan. If the parties would like a settlement conference with the Court, they should file a joint request. (FTR Log #10:15-10:33.) (NS)
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Filing 28
First MOTION for Extension of Time to File Response/Reply as to Order on Motion to Dismiss for Failure to State a Claim, #27 First MOTION to Dismiss for Failure to State a Claim of Defendant Lewis' cross-claims by Morris Lewis. (Raynor, E.)
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ORDER deferring ruling on #27 . The premotion conference is waived. This motion is deemed to constitute the City Defendants' motion to dismiss Lewis's cross-claims on the grounds stated. Opposition due 9/8/2023, reply due 9/13/2023. Ordered by Judge Brian M. Cogan on 8/31/2023. (PW)
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Filing 27
First MOTION to Dismiss for Failure to State a Claim of Defendant Lewis' cross-claims by The City of New York, The New York City Department Of Correction. (Karseboom, Kimberly)
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SCHEDULING ORDER: The deadlines in the April 26, 2023 Minute Entry are lifted. A Status Conference by telephone is scheduled for September 7, 2023 at 10:00 a.m. before Magistrate Judge Peggy Kuo. 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.) Ordered by Magistrate Judge Peggy Kuo on 8/16/2023. (RO)
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Filing 26
First MOTION for Extension of Time to File Answer re #25 Amended Answer to Complaint,, Third Party Complaint,, Crossclaim, by The City of New York, The New York City Department Of Correction. (Karseboom, Kimberly)
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ORDER granting #26 Motion for Extension of Time to Answer. The deadline for The City of New York and The New York City Department Of Correction to answer or otherwise respond to the #25 cross-claims is extended to August 31, 2023. Ordered by Magistrate Judge Peggy Kuo on 8/1/2023. (RO)
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Filing 25
AMENDED ANSWER to #1 Complaint, , THIRD PARTY COMPLAINT against Darwin Brathwaite, Jermaine Phillips, CROSSCLAIM against The City of New York, The New York City Department Of Correction by Morris Lewis. (Raynor, E.)
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ORDER: The #24 Motion to Amend/Correct/Supplement is granted as unopposed. Defendant Morris Lewis is directed to file the amended Answer no later than July 12, 2023. Ordered by Magistrate Judge Peggy Kuo on 7/10/2023. (RO)
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Filing 24
MOTION to Amend/Correct/Supplement Order on Motion for Extension of Time to Answer,,,,, Set Deadlines,,,, #16 Answer to Complaint, Third Party Complaint, Crossclaim, Counterclaim Motion to File an Amended Answer by Morris Lewis. (Attachments: #1 Exhibit Defendant Lewis' Proposed Amended Answer) (Raynor, E.)
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Filing 23
ANSWER to #1 Complaint, by Seeta Doechan. (McQuade, Stephen)
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MINUTE ENTRY AND ORDER: A motion hearing was held by telephone before Magistrate Judge Peggy Kuo on May 25, 2023. Paul Liggieri, Esq., appeared on behalf of Laurice Williams. Kimberly Rose Karseboom, Esq., appeared on behalf of the City parties. E. Dubois Raynor, Jr., Esq., appeared on behalf of Morris Lewis. Stephen McQuade, Esq., appeared on behalf of Seeta Doechan. The Court grants Laurice Williams' #22 Motion for Extension of Time to respond to Morris Lewis' counterclaim sine die. Counsel for Lewis stated that he will seek to amend the answer #16 which his client had filed pro se, and that he will consider removing the counterclaims and crossclaims, but will likely retain the third party complaint against Darwin Brathwaite and Jermaine Phillips.Lewis is directed to file any motion for leave to amend the answer with any counterclaims, crossclaims, or third-party claims by June 26, 2023. Any opposition to that motion shall be filed by July 5, 2023. (FTR Log #4:02-4:18.) (NS)
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Filing 22
First MOTION for Extension of Time to File Answer re #16 Answer to Complaint, Third Party Complaint, Crossclaim, Counterclaim by Laurice Williams. (Liggieri, Paul)
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Filing 21
First MOTION for Extension of Time to File Response/Reply to the Third-Party Complaint by The City of New York, The New York City Department Of Correction. (Karseboom, Kimberly)
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SCHEDULING ORDER: Counsel for Plaintiff states in the #22 Motion that counsel for defendant Lewis indicated "there may be certain amendments to their answer, thus alleviating the need for an anticipated Motion to Dismiss on behalf of Plaintiff."A motion hearing regarding the #22 Motion for Extension of Time to Answer is scheduled by telephone for May 25, 2023 at 4:00 p.m. before Magistrate Judge Peggy Kuo. The parties should be prepared to discuss any amendments to the pleadings they anticipate making. 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.) Ordered by Magistrate Judge Peggy Kuo on 5/23/2023. (RO)
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ORDER: The Motion for Extension of Time to File Response/Reply was filed by counsel who has appeared only on behalf of the City Defendants, yet the request appears to be for an extension of time for the third party defendants to answer the #16 third party complaint. It is also unclear when service of the third party complaint was effectuated on the third party defendants, thus when their answers are due. Therefore, the #21 Motion for Extension of Time to File Response/Reply is denied without prejudice to renew after service has been effectuated on the third party defendants (or waiver of service has been requested and signed). That request can only be made by the third party defendants appearing pro se or through counsel who has appeared on their behalf. Ordered by Magistrate Judge Peggy Kuo on 5/23/2023. (RO)
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Filing 20
ORDER granting #19 Motion for Leave to Appear Pro Hac Vice. Attorney E. Dubois Raynor, Jr. is permitted to appear pro hac vice on behalf of defendant Morris Lewis. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 5/19/2023. (RO)
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Filing 19
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16715621 by Morris Lewis. (Attachments: #1 Affidavit Counsel's Declaration In Support of Motion, #2 Exhibit Certificiate of Good Standing, #3 Proposed Order Proposed Order) (Raynor, E.)
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Filing 18
First MOTION for Extension of Time to File Responsive Pleading by Seeta Doechan. (McQuade, Stephen) Modified on 5/11/2023 to correct motion type (RO).
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Filing 17
NOTICE of Appearance by Stephen McQuade on behalf of Seeta Doechan (aty to be noticed) (McQuade, Stephen)
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ORDER granting #18 Motion for Extension of Time to Answer. The deadline for defendant Seeta Doechan to answer or otherwise respond to the Complaint is extended to June 8, 2023. Ordered by Magistrate Judge Peggy Kuo on 5/11/2023. (RO)
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ORDER: The parties are directed to file a joint status report by June 2, 2023 reporting on the progress of mediation and the progress of discovery and raising any issues which need to be addressed. Ordered by Magistrate Judge Peggy Kuo on 5/10/2023. (RO)
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ORDER REFERRING CASE to Magistrate Judge Peggy Kuo for all non-dispositive pretrial matters. Ordered by Judge Brian M. Cogan on 5/9/2023. C/M (PW) .
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Filing 16
ANSWER to #1 Complaint,, THIRD PARTY COMPLAINT against Darwin Brathwaite, Jermaine Phillips, CROSSCLAIM against The New York City Department Of Correction, The City of New York, COUNTERCLAIM against Laurice Williams by Morris Lewis. (RG)
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Filing 15
ANSWER to #1 Complaint, by The City of New York, The New York City Department Of Correction. (Karseboom, Kimberly)
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MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (TP)
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Minute Entry and Order for Status Conference held before Judge Brian M. Cogan on 4/26/2023. Counsel for plaintiff, the City, and DOC appeared by telephone. The Court set the following discovery schedule: parties to exchange Rule 26(a)(1) disclosures by 5/3/2023; serve written discovery requests by 5/17/2023; produce written discovery by 6/16/2023; complete fact depositions by 8/15/2023, the date fact discovery ends. The last day for filing a letter requesting a pre-motion conference to file dispositive motions shall be 8/22/2023. On consent of the appearing parties, this case is referred to the Court's Mediation Program. The ADR Administrator is directed to instruct the parties on the mediation process and selection. This referral has no impact on the discovery deadlines set forth above. (PW)
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Filing 14
NOTICE of Appearance by Alban Dunisha on behalf of All Plaintiffs (aty to be noticed) (Dunisha, Alban)
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Filing 13
CASE MANAGEMENT STATEMENT (Karseboom, Kimberly)
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Filing 12
SUMMONS Returned Executed by Laurice Williams. Morris Lewis served on 4/14/2023, answer due 5/5/2023. (Liggieri, Paul)
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Filing 11
Letter regarding claims, defenses and contemplated motions in anticipation of upcoming conference by Laurice Williams (Liggieri, Paul)
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Minute Entry and Order for Initial Status Conference held on 4/11/2023 before Judge Brian M. Cogan. Counsel for plaintiff, the City, and NYC DOC appeared by telephone. The call did not complete due to technical issues.The Court authorizes special service on the individual defendants, Morris Lewis and Seeta Doechan. The individual defendants are deemed served as of today, 4/11/2023, provided plaintiff's counsel mails a copy of the summons and complaint to: (1) defendant Lewis at his home address, (2) the general counsel of NYC DOC; and (3) Ms. Karseboom, counsel for the City and NYC DOC.The City and NYC DOC have until 5/2/2023 to respond to the complaint and notify the Court whether they will be representing the individual defendants. Initial Status Conference is reset to 4/26/2023 at 10:30 am. Audio dial-in information is as follows: 571-353-2301 and Meeting ID 642046966. (PW)
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Filing 10
Letter MOTION for Extension of Time to File Answer re #1 Complaint, by The City of New York, The New York City Department Of Correction. (Karseboom, Kimberly)
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Filing 9
NOTICE of Appearance by Kimberly Rose Karseboom on behalf of The City of New York, The New York City Department Of Correction (aty to be noticed) (Karseboom, Kimberly)
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ORDER granting in part #10 . Although a 60 day extension is an absurd amount of time, defendants can have it because "[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). But this case is not going to wait 60 days to get going. The Initial Status Conference is adjourned to 4/11/2023 at 12:30 pm and counsel is expected to comply with the requirements for this conference and be fully prepared to proceed with discovery. The parties can expect to be placed on a prompt discovery schedule at the conference. This case is going to move a lot faster than the ACC apparently thinks. To participate in the conference, parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 0836#. Ordered by Judge Brian M. Cogan on 3/14/2023. (PW)
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Filing 8
SUMMONS Returned Executed by Laurice Williams. The City of New York served on 2/14/2023, answer due 3/7/2023. (Liggieri, Paul)
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Filing 7
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 3/22/2023 at 12:30 pm. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 0836#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 2/8/2023. (PW)
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Filing 6
Summons Issued as to Seeta Doechan, Morris Lewis, The City of New York, The New York City Department Of Correction. (KD)
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Filing 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD)
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Filing 4
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. (KD)
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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. (KD)
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Filing 3
Civil Cover Sheet.. by Laurice Williams (Liggieri, Paul)
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Filing 2
Proposed Summons. by Laurice Williams (Attachments: #1 Proposed Summons) (Liggieri, Paul)
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Filing 1
COMPLAINT against Seeta Doechan, Morris Lewis, The City of New York, The New York City Department Of Correction filing fee $ 402, receipt number ANYEDC-16375424 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Laurice Williams. (Liggieri, Paul)
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