Hardy et al v. The City of New York et al
| Michael Hardy and Diane Shepherd |
| The City of New York, Commissioner Keechant L. Sewell, Captain Larry Meyers, Police Officer Kiersten L Chambers, Police Officer Konrad Tyborowski, Police Officers John Does Nos 1 to 10 and New York City Police Department |
| 1:2023cv03794 |
| May 22, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 SUMMONS Returned Executed by Diane Shepherd, Michael Hardy. Larry Meyers served on 7/3/2023, answer due 8/26/2023. (Kaufman, Matthew) |
ORDER: Pursuant to the Court's June 30, 2023 Order, defendant City of New York ("City") confirms that defendants Chambers and Tyborowski can be served at the 79th Precinct. ECF Nos. #14 , #15 . Defendant City provides no explanation as to why an officer at this precinct previously refused to accept service on behalf of defendant Chambers. Nevertheless, in light of defendant's counsel's representation that "the 79th precinct will be accepting service on behalf of both individual named defendants," ECF No. #15 at 2, plaintiffs shall serve defendants Chambers and Tyborowski at that precinct pursuant to Federal Rule of Civil Procedure 4. Ordered by Magistrate Judge Lois Bloom on 7/19/2023. (IK)
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| Filing 15 Letter by The City of New York (Attachments: #1 Exhibit) (Viviano, Michael) |
| Filing 14 Letter //providing service addresses// by The City of New York (Viviano, Michael) |
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Filing 13
ORDER: Corporation Counsel for the City of New York ("Corporation Counsel") requests, with plaintiffs' consent, a nunc pro tunc 60-day extension of time to respond to the complaint on behalf of defendant City of New York ("City") and a sua sponte extension of time for the individual defendants to respond, as Corporation Counsel does not yet represent the individual defendants. ECF No. #12 . The request is granted. Defendants shall respond to plaintiffs' complaint by August 26, 2023. Plaintiffs move pursuant to Federal Rule of Civil Procedure 4(e)(1) and C.P.L.R. 308(5) to serve defendant police officers Chambers and Tyborowski by alternative means--specifically, by mailing the summons and complaint with tracking to their police precinct in Brooklyn. ECF No. #9 . For the reasons stated in the attached Order, the motion is denied without prejudice. However, to avoid plaintiffs exerting needless expense and effort attempting to serve defendants Chambers and Tyborowski, Corporation Counsel shall file a letter either providing proper service addresses for these defendants or stating that Corporation Counsel will accept service on their behalf by July 17, 2023. See attached Order. Ordered by Magistrate Judge Lois Bloom on 6/30/2023. (IK)
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| Motions terminated, docketed incorrectly: 11 First MOTION for Extension of Time to File Answer //consent letter// filed by The City of New York. (IK) |
| Filing 12 First MOTION for Extension of Time to File Answer re #1 Complaint, //consent letter// by The City of New York. (Viviano, Michael) |
| Filing 10 NOTICE of Appearance by Michael Viviano on behalf of The City of New York (aty to be noticed) (Viviano, Michael) |
| Filing 9 MOTION for Leave to File Document for Order Granting Alternate Service, Fed R Civ P 4 (e)/NY CPLR 308 (5) by Michael Hardy, Diane Shepherd. (Attachments: #1 Exhibit "A" - NYPD Listing of Police Officer Assignemnts, #2 Exhibit "B" - Copy of case, Williams v City of NY, #3 Exhibit "C" - Affidavit of Attempted Service on Defendant PO Chambesr, #4 Exhibit "D" - Affidavit of Attempted Service on Defendant PO Tyborowski, #5 Exhibit "E" - Prior case involving Precinct refusal and directing service to 1 Police Plaza for a Police Officer, #6 Exhibit "F" - Prior case involving "1 Police Plaza" refusing to accept service for a police officer assigned to a precinct) (Kaufman, Matthew) |
| Filing 8 SUMMONS Returned Executed by Diane Shepherd, Michael Hardy. Keechant L. Sewell served on 6/6/2023, answer due 6/27/2023. (Kaufman, Matthew) |
| Filing 7 SUMMONS Returned Executed by Diane Shepherd, Michael Hardy. New York City Police Department served on 6/6/2023, answer due 6/27/2023. (Kaufman, Matthew) |
| Filing 6 SUMMONS Returned Executed by Diane Shepherd, Michael Hardy. The City of New York served on 6/6/2023, answer due 6/27/2023. (Kaufman, Matthew) |
| Filing 5 Summons Issued as to Kiersten L Chambers, Larry Meyers, Keechant L. Sewell, The City of New York, Konrad Tyborowski. (KD) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Michael Hardy, Diane Shepherd (Attachments: #1 Proposed Summons Proposed Summons) (Kaufman, Matthew) |
| Filing 1 COMPLAINT against Kiersten L Chambers, Larry Meyers, Police Officers John Does Nos 1 to 10, Keechant L. Sewell, The City of New York, Konrad Tyborowski filing fee $ 402, receipt number ANYEDC-16721091 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Diane Shepherd, Michael Hardy. (Kaufman, Matthew) |
| Case Assigned to Judge Pamela K. Chen 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. (KD) |
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