Morales v. City of New York et al
| Leonard Morales |
| City of New York, City of New York Police Department, Officer Mervin Welch and John and Jane Doe(s) |
| 1:2023cv01739 |
| March 6, 2023 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Pamela K Chen |
| Vera M Scanlon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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ORDER granting Defendants' #30 motion to stay this action until October 6, 2023 while Defendant Police Officer Welch is on military leave. By October 6, 2023, Defendants must file a status report. Ordered by Judge Pamela K. Chen on 4/20/2023. (SK)
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| Filing 30 Letter MOTION to Stay this action pursuant to 50 U.S.C. 3932(b) by City of New York. (Frank, Jeffrey) |
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ORDER granting #28 Motion for Extension of Time to Answer and granting #29 Motion to Substitute Attorney. Defendants City of New York and Officer Mervin Welch are to answer or otherwise respond to the complaint on or before 4/21/2023. Jeffrey Frederick Frank is currently listed as counsel of record for Defendant City of New York. Katherine Weall is terminated as counsel of record for Defendant City of New York. Ordered by Magistrate Judge Vera M. Scanlon on 4/5/2023. (JR)
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| Filing 29 Letter MOTION to Substitute Attorney by City of New York. (Attachments: #1 Notice of Motion, #2 Declaration) (Frank, Jeffrey) |
| Filing 28 MOTION for Extension of Time to File Answer or otherwise respond to Complaint by City of New York. (Weall, Katherine) |
| Filing 27 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) |
| Filing 26 Case transferred in from District of New York Southern; Case Number 1:22-cv-08430. Original file certified copy of transfer order and docket sheet received. |
| The case of Morales v. City of New York, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 23-cv-1739. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
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Filing 25
ORDER granting #22 Motion to Change Venue. Plaintiff commenced this action by filing a complaint in this District. [ECF No. 1]. All of the events described in the complaint, however, occurred in the Eastern District of New York, which has jurisdiction over any witnesses and evidence to the instant action. [ECF No. 23]. As a result, in the interest of justice and per the parties' consent, the Court transfers this action to the Eastern District of New York pursuant to 28 U.S.C. 1404(a). [ECF No. 23]. The Clerk of Court respectfully is requested to effectuate the transfer and to close the motion pending at ECF No. 22. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/6/2023) (tg) [Transferred from New York Southern on 3/7/2023.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(tg) [Transferred from New York Southern on 3/7/2023.] |
| Filing 24 DECLARATION of Katherine J. Weall in Support re: #22 MOTION to Change Venue .. Document filed by City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B).(Weall, Katherine) [Transferred from New York Southern on 3/7/2023.] |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Change Venue . . Document filed by City of New York..(Weall, Katherine) [Transferred from New York Southern on 3/7/2023.] |
| Filing 22 MOTION to Change Venue . Document filed by City of New York..(Weall, Katherine) [Transferred from New York Southern on 3/7/2023.] |
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Filing 21
ORDER granting #20 Letter Motion for Conference addressed to Judge Mary Kay Vyskocil from Katherine J. Weall dated January 30, 2023. GRANTED. The City shall file its motion by February 27, 2023. Plaintiff shall file a response by March 3, 2023. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/21/2023) (vfr) [Transferred from New York Southern on 3/7/2023.]
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| Set/Reset Deadlines: Motions due by 2/27/2023. Responses due by 3/3/2023 (vfr) [Transferred from New York Southern on 3/7/2023.] |
| Filing 20 LETTER MOTION for Conference for pre-motion conference addressed to Judge Mary Kay Vyskocil from Katherine J. Weall dated January 30, 2023. Document filed by City of New York..(Weall, Katherine) [Transferred from New York Southern on 3/7/2023.] |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to City of New York Police Department..(pc) [Transferred from New York Southern on 3/7/2023.] |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York Police Department, re: #16 Complaint. Document filed by Leonard Morales..(Brown, Tracey) [Transferred from New York Southern on 3/7/2023.] |
| Filing 17 FILING ERROR - SUMMONS REQUEST As To ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Police Department, re: #16 Complaint. Document filed by Leonard Morales..(Brown, Tracey) Modified on 10/6/2022 (jgo). [Transferred from New York Southern on 3/7/2023.] |
| Filing 16 COMPLAINT against City of New York, City of New York Police Department, John and Jane Doe(s), Mervin Welch. Document filed by Leonard Morales..(Brown, Tracey) [Transferred from New York Southern on 3/7/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tracey Lyn Brown to RE-FILE Document No. #17 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on the docket entry text must match exactly as it appears on the pleading caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| Filing 15 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to NYC Police Department, re: #12 Complaint. Document filed by Leonard Morales..(Brown, Tracey) Modified on 10/4/2022 (jgo). [Transferred from New York Southern on 3/7/2023.] |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against John and Jane Doe(s). Document filed by Leonard Morales..(Brown, Tracey) Modified on 10/4/2022 (jgo). [Transferred from New York Southern on 3/7/2023.] |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Mervin Welch. Document filed by Leonard Morales..(Brown, Tracey) Modified on 10/4/2022 (jgo). [Transferred from New York Southern on 3/7/2023.] |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against City of New York Police Department. Document filed by Leonard Morales..(Brown, Tracey) Modified on 10/4/2022 (jgo). [Transferred from New York Southern on 3/7/2023.] |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against City of New York. Document filed by Leonard Morales..(Brown, Tracey) Modified on 10/4/2022 (jgo). [Transferred from New York Southern on 3/7/2023.] |
| Filing 10 CIVIL COVER SHEET filed..(Brown, Tracey) [Transferred from New York Southern on 3/7/2023.] |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Mervin Welch..(jgo) [Transferred from New York Southern on 3/7/2023.] |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to City of New York..(jgo) [Transferred from New York Southern on 3/7/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Tracey Lyn Brown to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the incorrect Basis of Jurisdiction was selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tracey Lyn Brown. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code Albany;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to Kings;. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tracey Lyn Brown to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| NOTICE OF PARTICIPATION IN LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) : Unless otherwise ordered, this case shall participate in the Southern District of New York's Local Civil Rule 83.10. Please reference the Court's website, www.nysd.uscourts.gov, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(jpt) [Transferred from New York Southern on 3/7/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tracey Lyn Brown. The party information for the following party/parties has been modified: THE CITY OF NEW YORK; New York City Police Commissioner; Office Mervin Welch; John Does and Jane Does (whose names and numbers are unknown at present), and other unidentified officers of the City of New York Police Department. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted; party name was modified to add party text separately. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Tracey Lyn Brown. The following party/parties has been removed from this case: NYC Retired Police Commissioner Dermot Francis Shea. The party was added to the case in error. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 3/7/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tracey Lyn Brown to RE-FILE Document No. #15 Request for Issuance of Summons,. The filing is deficient for the following reason(s): summons request must be linked to the properly filed pleading; party name on the docket entry text must match as it appears on the pleading caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tracey Lyn Brown to RE-FILE Document No. #5 Request for Issuance of Summons, #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name whom summons was requested for is not a party of record; the Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tracey Lyn Brown to RE-FILE Document No. #11 Complaint, #12 Complaint, #13 Complaint, #14 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; all of the defendants must be selected in one filing. Select the first listed defendant and while holding down the ctrl key on the keyboard, click on the remaining defendants. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| Magistrate Judge Jennifer Willis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 3/7/2023.] |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Officer Mervin Welch, re: #1 Complaint. Document filed by Leonardo Morales..(Brown, Tracey) [Transferred from New York Southern on 3/7/2023.] |
| Filing 6 FILING ERROR - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to John does and Jane Does (whose names and numbers are unknown at present), re: #1 Complaint. Document filed by Leonardo Morales..(Brown, Tracey) Modified on 10/4/2022 (jgo). [Transferred from New York Southern on 3/7/2023.] |
| Filing 5 FILING ERROR - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Retired Police Commissioner Dermot Francis Shea, re: #1 Complaint. Document filed by Leonardo Morales..(Brown, Tracey) Modified on 10/4/2022 (jgo). [Transferred from New York Southern on 3/7/2023.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to the City of New York, re: #1 Complaint. Document filed by Leonardo Morales..(Brown, Tracey) [Transferred from New York Southern on 3/7/2023.] |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Leonardo Morales..(Brown, Tracey) [Transferred from New York Southern on 3/7/2023.] |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Brown, Tracey) Modified on 10/4/2022 (jgo). [Transferred from New York Southern on 3/7/2023.] |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-26767425)Document filed by Leonardo Morales..(Brown, Tracey) Modified on 10/4/2022 (jgo). [Transferred from New York Southern on 3/7/2023.] |
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