Cronin v. The City of New York et al
| Anne Marie Cronin |
| The City of New York, The New York City Department Of Correction, Morris Lewis, Antoinette Pinckney, Tania Figueroa, Neesha Jasmine and Latisha Hamilton |
| 1:2023cv01573 |
| February 28, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Lois Bloom |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
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ORDER: Defendants City of New York, the New York City Department of Correction, Captain Tania Figueroa, Captain Neesha Jasmine, and Captain Latisha Hamilton request, with all other parties' consent, to amend their answer to the complaint. ECF No. #27 . The request is granted. Defendants' proposed amended answer, ECF No. 27-1, is deemed filed as their answer to the complaint. The protective order jointly proposed by the parties, ECF No 27-3, is so ordered with the following modification of paragraph 17. Paragraph 17 is revised as follows: "Any party wishing to file material under seal must first file a request for the Courts permission to file such materials under seal." Ordered by Magistrate Judge Lois Bloom on 9/11/2023. (EW)
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Filing 28
MEMORANDUM and ORDER: Defendants motion #24 for a preliminary injunction is denied on the basis that he has not made an adequate showing that he will suffer actual and imminent irreparable harm absent relief. Ordered by Judge Frederic Block on 9/8/2023. (MI)
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| Filing 27 MOTION to Amend/Correct/Supplement Answer and so order the parties' stipulated clawback agreement and protecive order by Tania Figueroa, Latisha Hamilton, Neesha Jasmine, Antoinette Pinckney, The City of New York, The New York City Department Of Correction. (Attachments: #1 Exhibit A - Amended Answer, #2 Exhibit B - Stipulated Clawback Agreement, #3 Exhibit C - Stipulated Protective Order) (Reynolds, J.) |
| Minute Entry for proceedings held before Judge Frederic Block: Alban Dunisha, Esq. for the plaintiff; J. Birt Reynolds, Esq. for the NYC defendants and E, Dubois Raynor, Esq. for defendant Morris Lewis, all present. Oral argument held on 9/7/2023. Defendant Morris Lewis motion #24 for a preliminary injunction seeking to enjoin an administrative hearing scheduled for September 13, 2023 before the NYCs Office of Administrative Trials and Hearings was discussed. The Court reserves decision. (Court Reporter: Stacy Mace 718 613 2609) (MI) |
| Set/Reset Hearings: In Person Oral Argument set for 9/7/2023 03:00 PM before Judge Frederic Block. (MI) |
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SCHEDULING ORDER: The Court is scheduling an in person oral argument for September 7, 2023 at 3:00 P.M. to discuss defendant Morris Lewis motion #24 for a preliminary injunction seeking to enjoin a September 13, 2023 hearing before the NYCs Office of Administrative Trials and Hearings. Upon receipt of this email counsel shall confirm with each other the date and time of this in person oral argument. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person oral argument and then notify the Court by letter application, no less than 48 hours in advance of this in person oral argument. Ordered by Judge Frederic Block on 8/28/2023. (MI)
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| Filing 26 AFFIDAVIT/DECLARATION in Opposition re #24 First MOTION for Preliminary Injunction As to Identical Administrative Proceedings with Preclusive Effect ; Declaration of J. Birt Reynolds filed by The City of New York, The New York City Department Of Correction. (Attachments: #1 Exhibit A) (Reynolds, J.) |
| Filing 25 RESPONSE in Opposition re #24 First MOTION for Preliminary Injunction As to Identical Administrative Proceedings with Preclusive Effect filed by The City of New York, The New York City Department Of Correction. (Reynolds, J.) |
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SCHEDULING ORDER: By August 25, 2023 defendant New York City and New York City Department of Correction shall serve and file a response to defendant Lewis motion #24 for a preliminary injunction seeking to enjoin the OATH administrative proceedings. Plaintiff may submit papers by the above date, if they wish to. Ordered by Judge Frederic Block on 8/22/2023. (MI)
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| Filing 24 First MOTION for Preliminary Injunction As to Identical Administrative Proceedings with Preclusive Effect by Morris Lewis. (Raynor, E.) |
| Filing 23 ANSWER to #1 Complaint, by Antoinette Pinckney. (Reynolds, J.) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Status Conference held on 8/17/2023 (FTR Log #1:38-2:28). (EW) |
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ORDER: The Court held a status conference in plaintiff's employment discrimination case on August 17, 2023 and set the following deadlines. Any motion to further amend the pleadings or join new parties shall be filed by September 8, 2023. Fed R. Civ. P. 16(b)(3)(A). The parties shall produce any authorizations or releases by September 8, 2023. The parties shall file any protective order by September 8, 2023. The parties shall complete all discovery by March 22, 2024. Any pre-motion conference request shall be made in accordance with Judge Block's Individual Rules by April 8, 2024. The Court strongly encourages the parties to discuss settlement. Ordered by Magistrate Judge Lois Bloom on 8/17/2023. (EW)
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| Filing 22 REPORT of Rule 26(f) Planning Meeting (Reynolds, J.) |
| Filing 21 NOTICE of Appearance by J. Birt Reynolds on behalf of Tania Figueroa, Latisha Hamilton, Neesha Jasmine, The City of New York, The New York City Department Of Correction (aty to be noticed) (Reynolds, J.) |
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ORDER: Counsel for defendant Lewis, Attorney E. Dubois Raynor, Jr., has shown good cause for his absence at the initial conference held on July 25, 2023. ECF No. #20 . The Court appreciates counsel's candor and sends his family the Court's condolences. Defendant Lewis shall file with the other parties a revised 26(f) meeting report by August 11, 2023, and shall appear at the in-person conference scheduled for August 17, 2023, as directed in my July 25, 2023 Order. Ordered by Magistrate Judge Lois Bloom on 8/1/2023. (EW)
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| Filing 20 MOTION for Order to Show Cause Counsel's Declaration of Good Cause by Morris Lewis. (Raynor, E.) |
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ORDER: The Court held the initial conference in plaintiff's employment discrimination action on July 25, 2023. Counsel for defendant Morris Lewis, Attorney E. Dubois Raynor Jr., failed to appear. By July 31, 2023, Mr. Raynor is ordered to show good cause pursuant to Fed. R. Civ. P. 16(f) why the Court should not personally sanction him for his failure to appear at today's conference. If Mr. Raynor fails to show good cause by July 31, 2023, I will impose an appropriate sanction, which may include that defendant Lewis's answer should be stricken and that Lewis should be held in default. Mr. Raynor is directed to serve a copy of this Order on his client and to file proof of service on the docket forthwith.The Court declined to set discovery deadlines at the conference. The Court shall hold another conference with the parties on August 17, 2023 at 1:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall file a revised 26(f) meeting report by August 11, 2023. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 7/25/2023. (EW)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Conference Hearing held on 7/25/2023 (FTR Log #11:53-12:34). (EW) |
| Filing 19 Proposed Scheduling Order by Tania Figueroa, Latisha Hamilton, Neesha Jasmine, The City of New York, The New York City Department Of Correction (Katsaros, Rodianna) |
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ORDER: Corporation Counsel for the City of New York ("Corporation Counsel") requests, with plaintiff's consent, a sua sponte 30-day extension for individual defendant Antoinette Pinckney to respond to the complaint, as Corporation Counsel does not yet represent Ms. Pinckney in this matter. ECF No. #18 . This is Corporation Counsel's third request for Ms. Pinckney. The request is granted. Ms. Pinckney shall respond to the complaint by August 21, 2023. The Court shall not consider any further requests to extend Ms. Pinckney's time to respond to the complaint. Ordered by Magistrate Judge Lois Bloom on 7/24/2023. (EW)
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| Filing 18 MOTION for Extension of Time to File Answer by Antoinette Pinckney. (Katsaros, Rodianna) |
| Filing 17 ANSWER to #1 Complaint, by Tania Figueroa, Latisha Hamilton, Neesha Jasmine. (Katsaros, Rodianna) |
| Filing 16 ANSWER to #1 Complaint, by Morris Lewis. (Raynor, E.) |
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ORDER: Defendants Pickney, Figueroa, Jasmine, and Hamilton request an extension of time to respond to the complaint. ECF No. #15 . Plaintiff consents to an extension. The request is granted in part. Defendants shall respond to the complaint by July 21, 2023. The initial conference shall proceed as scheduled on July 25, 2023. Ordered by Magistrate Judge Lois Bloom on 7/6/2023. (VP)
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| Filing 15 MOTION for Extension of Time to File Answer by Tania Figueroa, Latisha Hamilton, Neesha Jasmine, Antoinette Pinckney. (Katsaros, Rodianna) |
| Filing 14 ANSWER to #1 Complaint, by The City of New York, The New York City Department Of Correction. (Katsaros, Rodianna) |
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ORDER: Defendant Lewis requests an extension of time to respond to the complaint. ECF No. #13 . Defendant does not state whether he sought plaintiff's consent to this extension or the consent of the other defendants. As this is Defendant Lewis's first request for an extension which is generally granted as a courtesy, the request is granted. However, in the future, counsel must seek the other parties' consent prior to making an application for an extension of time to the Court. Defendant Lewis shall respond to plaintiff's complaint by July 14, 2023. The Court will not entertain further extensions of time to respond to the complaint. The Court shall hold the initial conference in this case on July 25, 2023 at 11:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by July 19, 2023. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 6/30/2023. (EW)
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ELECTRONIC ORDER: Referring defendant Morris Lewis's letter application #13 to MJ Bloom to decide. All pre-trial matters, except dispositive motions, should be addressed to MJ Bloom who will be handling all pre-trial matters in this litigation. Ordered by Judge Frederic Block on 6/29/2023. (MI)
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| Filing 13 First MOTION for Extension of Time to File Answer re #1 Complaint, by Morris Lewis. (Raynor, E.) |
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ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. 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. Counsel also requests an extension of time to answer on behalf of defendant Morris Lewis. ECF No. #12 -4. The request is improperly filed as an exhibit to counsel's motion to appear pro hac vice. Defendant shall make any request for an extension of time as a separate motion. Ordered by Magistrate Judge Lois Bloom on 6/28/2023. (VP)
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| Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16833895 by Morris Lewis. (Attachments: #1 Affidavit Counsel's Declaration in Support of Motion to Appear Pro Hac, #2 Exhibit Counsel's Certificate of Good Standing, #3 Proposed Order Proposed Order, #4 Exhibit Defendant's Letter Application for an Extension of Time to Answer Upon Counsel's Appearance) (Raynor, E.) |
| Filing 11 SUMMONS Returned Executed by Anne Marie Cronin. Tania Figueroa served on 5/4/2023, answer due 5/25/2023; Latisha Hamilton served on 5/4/2023, answer due 5/25/2023; Neesha Jasmine served on 5/4/2023, answer due 5/25/2023; Morris Lewis served on 4/14/2023, answer due 5/5/2023; Antoinette Pinckney served on 5/4/2023, answer due 5/25/2023. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service, #3 Affidavit of Service, #4 Affidavit of Service, #5 Affidavit in Support, #6 Affidavit of Service) (Liggieri, Paul) |
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ORDER: Defendants the City of New York and the New York City Department of Correction (the "City defendants") request, with plaintiff's consent, a second extension of time to respond to plaintiff's complaint. ECF No. #10 . The request is granted. The City defendants shall respond to plaintiff's complaint by July 5, 2023.Plaintiff commenced this action on February 28, 2023. ECF No. #1 . Under Rule 4(m), plaintiff was required to serve defendants with the summons and complaint by May 30, 2023. Plaintiff has not filed proof of proper service of process on defendants. By June 8, 2023, plaintiff shall file proof that defendants were served by May 30, 2023. If plaintiff fails to file proof that defendants were timely served, or fails to show good cause why service was not made, I shall recommend that this action should be dismissed without prejudice against the defendants who were not served. Fed. R. Civ. P. 4(m). Ordered by Magistrate Judge Lois Bloom on 6/1/2023. (VP)
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| Filing 10 Second MOTION for Extension of Time to File Response/Reply , MOTION for Extension of Time to File , MOTION for Extension of Time to File Answer by The City of New York, The New York City Department Of Correction. (Katsaros, Rodianna) |
| Filing 9 NOTICE of Appearance by Alban Dunisha on behalf of All Plaintiffs (aty to be noticed) (Dunisha, Alban) |
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ORDER: Defendants the City of New York and the New York City Department of Correction (the "City defendants") request, with plaintiff's consent, an extension of time to respond to plaintiff's complaint. ECF No. #8 . The request is granted. The City defendants shall respond to plaintiff's complaint by June 5, 2023. Ordered by Magistrate Judge Lois Bloom on 4/6/2023. (VP)
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| Filing 8 First MOTION for Extension of Time to File Answer by The City of New York, The New York City Department Of Correction. (Katsaros, Rodianna) |
| Filing 7 NOTICE of Appearance by Rodianna Katsaros on behalf of The City of New York, The New York City Department Of Correction (aty to be noticed) (Katsaros, Rodianna) |
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ELECTRONIC ORDER: Referring the defendant's letter application #8 0 to CH. MJ Bloom to decide. All pre-trial matters, except dispositive motions, should be addressed to CH. MJ Bloom who will be handling all pre-trial matters in this litigation. Ordered by Judge Frederic Block on 4/4/2023. (MI)
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| Filing 6 Summons Issued as to Tania Figueroa, Latisha Hamilton, Neesha Jasmine, Morris Lewis, Antoinette Pinckney, The City of New York and The New York City Department Of Correction. (MI) (Main Document 6 replaced on 3/9/2023 TO REFLECT THA CAPTION SEETA DOECHAN IS NOT A DEFENDANT IN THIS CASE. ) (MI). Modified on 3/9/2023 (MI). |
| Filing 5 Proposed Summons. by Anne Marie Cronin (Liggieri, Paul) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 3 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. (SR) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Lois Bloom. 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. (SR) |
| Filing 2 Civil Cover Sheet.. by Anne Marie Cronin (Liggieri, Paul) |
| Filing 1 COMPLAINT against Tania Figueroa, Latisha Hamilton, Neesha Jasmine, Morris Lewis, Antoinette Pinckney, The City of New York, The New York City Department Of Correction filing fee $ 402, receipt number ANYEDC-16452098 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Anne Marie Cronin. (Liggieri, Paul) |
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