McCoy et al v. Administration for Children Services et al
Plaintiff: Alisa McCoy, Patrick McCoy and James McCoy
Defendant: Administration for Children Services, David Hansell, New York City Police Department, Victoria Palumbo, Office of Children and Family Services, Scott Schwartz Esq., New York City Department of Education, New York State Central Registry for Abuse and Neglect of Children, Sueann Simmons, John Doe, Jane Doe and City of New York
Case Number: 1:2023cv03019
Filed: April 21, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Sanket J Bulsara
Referring Judge: Hector Gonzalez
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 9, 2023 Filing 17 Letter MOTION to Dismiss for Failure to State a Claim Request Pre-Motion Conference by New York State Central Registry for Abuse and Neglect of Children, Office of Children and Family Services. (Attachments: #1 Exhibit A- State Court Petition, #2 Exhibit B- Iosilevich Memorandum and Order) (Rogers, Celina)
June 9, 2023 Filing 16 NOTICE of Appearance by Celina Dorothy Rogers on behalf of New York State Central Registry for Abuse and Neglect of Children, Office of Children and Family Services (notification declined or already on case) (Rogers, Celina)
June 9, 2023 Opinion or Order ORDER: In light of Plaintiffs' pro se status, plaintiffs' request #12 to file documents directly on ECF is denied. Plaintiffs may submit documents to be filed by visiting the Clerk's office. Alternatively, plaintiffs may time-stamp and place any documents into the drop box by the Court's security office, which is monitored by the Clerk's Office. Plaintiffs may also mail submissions to the Pro Se Office, USDC-EDNY, 225 Cadman Plaza East, Brooklyn NY 11201. Documents sent to the courtroom deputy or chambers email inboxes will not be filed on ECF. Plaintiffs are advised to email the Pro Se Office only for emergency submissions or if there is any valid impediment, such as illness or hospitalization, that prevents Plaintiffs from submitting filings in person or by mail. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/9/2023. (MD)
June 8, 2023 Filing 15 SUMMONS Returned Executed by James McCoy, Patrick McCoy, Alisa McCoy. Administration for Children Services served on 4/27/2023, answer due 5/18/2023; City of New York served on 4/27/2023, answer due 5/18/2023; David Hansell served on 4/27/2023, answer due 5/18/2023; New York City Department of Education served on 4/27/2023, answer due 5/18/2023; New York City Police Department served on 4/27/2023, answer due 5/18/2023; New York State Central Registry for Abuse and Neglect of Children served on 4/27/2023, answer due 5/18/2023; Office of Children and Family Services served on 4/27/2023, answer due 5/18/2023; Victoria Palumbo served on 4/27/2023, answer due 5/18/2023; Scott Schwartz Esq. served on 4/27/2023, answer due 5/18/2023; Sueann Simmons served on 4/27/2023, answer due 5/18/2023. (Attachments: #1 Summons 2, #2 Summons 3, #3 Summons 4, #4 Summons 5, #5 Summons 6, #6 Summons 7, #7 Summons 8, #8 Summons 9) (JC)
June 8, 2023 Filing 14 Summons Returned Unexecuted by James McCoy, Patrick McCoy, Alisa McCoy as to Sueann Simmons. (JC)
June 8, 2023 Filing 13 Letter dated June 8, 2023 to Judge Gonzalez from pro se Plaintiff Alisa McCoy attaching proof of service to a Summons that was served on Defendant's New York State Central Registry for Abuse and Neglect of Children and Office of Children and Family Services. Plaintiff is asking if she needs a new Re-Issued Summons to re serve the Defendants. (JC)
June 8, 2023 Filing 12 Letter dated June 8, 2023 to Judge Gonzalez from pro se Plaintiff's Alisa McCoy, Patrick McCoy and James McCoy respectfully requesting permission to be granted for all three Plaintiff's to be able to e-file on a pro se basis. See letter for further details. (JC)
June 6, 2023 Filing 11 NOTICE of Appearance by Alfred Thomas Miller, jr on behalf of Administration for Children Services, City of New York, David Hansell, New York City Department of Education, New York City Police Department, Victoria Palumbo, Sueann Simmons (aty to be noticed) (Miller, Alfred)
June 6, 2023 Opinion or Order ORDER: The Motion for Extension of Time to File Answer #10 is hereby granted. The deadline for Defendant Schwartz to answer, move, or otherwise respond to the Complaint is extended to 6/26/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/6/2023. (MD)
June 5, 2023 Filing 10 First MOTION for Extension of Time to File Answer by Scott Schwartz Esq.. (McCaffery, William)
May 24, 2023 Opinion or Order ORDER: The Motion for Extension of Time to File #9 is hereby granted. The deadline for Defendants Administration for Children Services, City of New York, David Hansell, New York City Department of Education, and New York City Police Department to answer, move, or otherwise respond to the Complaint is extended to 6/22/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/24/2023. (MD)
May 23, 2023 Filing 9 MOTION for Extension of Time to File Answer by Administration for Children Services, City of New York, David Hansell, New York City Department of Education, New York City Police Department. (Frank, Philip)
May 17, 2023 Opinion or Order ORDER: The Motion for Extension of Time to File Answer #8 is hereby granted. The deadline for Defendants Office of Children and Family Services and New York State Central Registry for Abuse and Neglect of Children to answer, move, or otherwise respond to the Complaint is extended to 6/12/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/17/2023. (MD)
May 16, 2023 Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint, Letter to request extension of time to respond to complaint by New York State Central Registry for Abuse and Neglect of Children, Office of Children and Family Services. (Rogers, Celina)
April 27, 2023 Opinion or Order Filing 7 ORDER: The Court's records reflect that the Complaint in this action was filed on April 21, 2023. Accordingly, if proper service of the Complaint and Summons is not made upon the Defendants by July 20, 2023, or if Plaintiffs fail to show good cause as to why such service has not been made, I will recommend that the District Judge dismiss this action without prejudice. After Defendants have been served, Plaintiffs must file with the Court proof of service of the Complaint and Summons. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/27/2023. (MD)
April 25, 2023 Filing 6 Summons Reissued as to Administration for Children Services, City of New York, David Hansell, New York City Department of Education, New York City Police Department, New York State Central Registry for Abuse and Neglect of Children, Office of Children and Family Services, Victoria Palumbo, Scott Schwartz Esq., Sueann Simmons. (SG) (Main Document 6 replaced on 4/25/2023) (SG).
April 25, 2023 Filing 5 Letter undated from Alisa McKoy to Clerk of Court, submitting a list of defts with updated/correct addresses. Pltff request that the Court amend the Summons to reflect said information. (SG) (Main Document 5 replaced on 4/25/2023) (SG).
April 25, 2023 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. (TPL)
April 21, 2023 Filing 3 FILING FEE: $ 402.00, receipt number 100006392 (TPL)
April 21, 2023 Filing 2 Summons Issued as to Administration for Children Services, David Hansell, Jane Doe, John Doe, New York City Department of Education, New York City Police Department, New York State Central Registry for Abuse and Neglect of Children, Office of Children and Family Services, Victoria Palumbo, Scott Schwartz Esq., Sueann Simmons. (TPL)
April 21, 2023 Filing 1 COMPLAINT against Administration for Children Services, David Hansell, Jane Doe, John Doe, New York City Department of Education, New York City Police Department, New York State Central Registry for Abuse and Neglect of Children, Office of Children and Family Services, Victoria Palumbo, Scott Schwartz Esq., Sueann Simmons, filed by James McCoy, Patrick McCoy, Alisa McCoy. (Attachments: #1 Civil Cover Sheet) (TPL)

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Plaintiff: Alisa McCoy
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Plaintiff: Patrick McCoy
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Plaintiff: James McCoy
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Defendant: Administration for Children Services
Represented By: Alfred Thomas Miller, jr
Represented By: Philip S. Frank
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Defendant: David Hansell
Represented By: Alfred Thomas Miller, jr
Represented By: Philip S. Frank
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Defendant: New York City Police Department
Represented By: Alfred Thomas Miller, jr
Represented By: Philip S. Frank
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Defendant: Victoria Palumbo
Represented By: Alfred Thomas Miller, jr
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Defendant: Office of Children and Family Services
Represented By: Celina Dorothy Rogers
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Defendant: Scott Schwartz Esq.
Represented By: William T. McCaffery
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Defendant: New York City Department of Education
Represented By: Alfred Thomas Miller, jr
Represented By: Philip S. Frank
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Defendant: New York State Central Registry for Abuse and Neglect of Children
Represented By: Celina Dorothy Rogers
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Defendant: Sueann Simmons
Represented By: Alfred Thomas Miller, jr
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Defendant: John Doe
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Defendant: Jane Doe
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Defendant: City of New York
Represented By: Alfred Thomas Miller, jr
Represented By: Philip S. Frank
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