Espada et al v. City of New York et al
| Milton Espada, Arthur Kill Properties, LLC and Plaza Body Shop, Inc. |
| City of New York, New York Police Department Captain Glorisel Lee, New York Police Department Lieutenant Miguel Estevez, New York Police Department Officer Daniel Center (Shield No. 29164), New York Police Department Officer Robert Campbell (Shield No. 27428), Breen Bros. Towing, Inc., Joseph Breen and Dealer Direct Services, Inc. |
| 1:2023cv06186 |
| August 16, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Nina R Morrison |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Dealer Direct Services, Inc. has failed to appear or otherwise defend this action, the default of defendant Dealer Direct Services, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
ORDER granting #20 Motion for Extension of Time to Answer. Defendant the City of New York and the individual defendants (i.e. , Lee, Estevez, Center and Campbell) (collectively, "City Defendants") shall answer, move or otherwise respond to the Complaint by 11/27/2023. Plaintiffs' #18 request for entry of default is denied as to the City Defendants only in light of the Court's preference to adjudicate cases on the merits. The telephonic initial conference set for 10/12/2023 before Magistrate Judge James R. Cho is adjourned to 12/12/12 at 11:30 a.m. Counsel for all parties must participate. Counsel are directed to complete the Proposed Scheduling Order and electronically file same with the Court no later than 12/8/2023. Each party is directed to call toll free (888) 808-6929 and use access code 106-5334. Ordered by Magistrate Judge James R. Cho on 9/29/2023. (JP)
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| Filing 20 MOTION for Extension of Time to File Answer by City of New York. (Robinson, Amy) |
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Filing 19
SCHEDULING ORDER: Telephonic initial conference set for 10/12/2023 at 10:00 a.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiffs is directed to immediately confirm this conference date and time with counsel for the defendants. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 10/10/2023. Each party is directed to call toll free (888) 808-6929 and use access code 106-5334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 9/25/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 18 Request for Certificate of Default by Arthur Kill Properties, LLC, Milton Espada, Plaza Body Shop, Inc. (Attachments: #1 Affidavit in Support Affirmation in Support of Request for Certificate of Default, #2 Proposed Order for Certificate of Default) (Monaghan, Kyle) |
| Filing 17 ANSWER to #1 Complaint,, by Joseph Breen, Breen Bros. Towing, Inc.. (Whalen, Mark) |
| Filing 16 SUMMONS Returned Executed by Plaza Body Shop, Inc., Arthur Kill Properties, LLC, Milton Espada. New York Police Department Officer Daniel Center (Shield No. 29164) served on 8/18/2023, answer due 9/8/2023. (Monaghan, Kyle) |
| Filing 15 SUMMONS Returned Executed by Plaza Body Shop, Inc., Arthur Kill Properties, LLC, Milton Espada. New York Police Department Officer Robert Campbell (Shield No. 27428) served on 8/18/2023, answer due 9/8/2023. (Monaghan, Kyle) |
| Filing 14 SUMMONS Returned Executed by Plaza Body Shop, Inc., Arthur Kill Properties, LLC, Milton Espada. New York Police Department Lieutenant Miguel Estevez served on 8/18/2023, answer due 9/8/2023. (Monaghan, Kyle) |
| Filing 13 SUMMONS Returned Executed by Plaza Body Shop, Inc., Arthur Kill Properties, LLC, Milton Espada. Joseph Breen served on 8/21/2023, answer due 9/11/2023. (Monaghan, Kyle) |
| Filing 12 SUMMONS Returned Executed by Plaza Body Shop, Inc., Arthur Kill Properties, LLC, Milton Espada. Dealer Direct Services, Inc. served on 8/22/2023, answer due 9/12/2023. (Monaghan, Kyle) |
| Filing 11 SUMMONS Returned Executed by Plaza Body Shop, Inc., Arthur Kill Properties, LLC, Milton Espada. City of New York served on 8/22/2023, answer due 9/12/2023. (Monaghan, Kyle) |
| Filing 10 SUMMONS Returned Executed by Plaza Body Shop, Inc., Arthur Kill Properties, LLC, Milton Espada. New York Police Department Captain Glorisel Lee served on 8/18/2023, answer due 9/8/2023. (Monaghan, Kyle) |
| Filing 9 SUMMONS Returned Executed by Plaza Body Shop, Inc., Arthur Kill Properties, LLC, Milton Espada. Breen Bros. Towing, Inc. served on 8/24/2023, answer due 9/14/2023. (Monaghan, Kyle) |
| Filing 8 Summons Issued as to Joseph Breen, Breen Bros. Towing, Inc., City of New York, Dealer Direct Services, Inc., New York Police Department Captain Glorisel Lee, New York Police Department Lieutenant Miguel Estevez, New York Police Department Officer Daniel Center (Shield No. 29164), New York Police Department Officer Robert Campbell (Shield No. 27428). (JC) |
| Filing 7 NOTICE of Appearance by Jamie Scott Felsen on behalf of All Plaintiffs (aty to be noticed) (Felsen, Jamie) |
| Filing 6 NOTICE of Appearance by Michael James Mauro on behalf of All Plaintiffs (aty to be noticed) (Mauro, Michael) |
| Filing 5 Proposed Summons. by Arthur Kill Properties, LLC, Milton Espada, Plaza Body Shop, Inc. (Monaghan, Kyle) |
| 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.. by Arthur Kill Properties, LLC, Milton Espada, Plaza Body Shop, Inc. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons) (Monaghan, Kyle) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit the completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| Case Assigned to Judge Nina R. Morrison and Magistrate Judge James R. Cho. 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) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the One (1)Proposed Summons with the name and addresses of all defendants included. Do not File a separate summons for each defendant Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 1 COMPLAINT against Joseph Breen, Breen Bros. Towing, Inc., City of New York, Dealer Direct Services, Inc., New York Police Department Captain Glorisel Lee, New York Police Department Lieutenant Miguel Estevez, New York Police Department Officer Daniel Center (Shield No. 29164), New York Police Department Officer Robert Campbell (Shield No. 27428) filing fee $ 402, receipt number ANYEDC-16998966 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Plaza Body Shop, Inc., Arthur Kill Properties, LLC, Milton Espada. (Monaghan, Kyle) |
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