Chavez v. City of New York et al
| Daniel Chavez |
| City of New York, Eric Adams and David Chokshi |
| 1:2023cv07754 |
| October 17, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 MEMORANDUM in Support re #11 MOTION for Reconsideration re Order on Motion for Pre Motion Conference,,,, Initial Conference Hearing,,,, Motion Hearing,,, Partial Motion for Reconsideration of the Court's Order dated November 29, 2023 filed by Eric Adams, David Chokshi, City of New York. (Krasne, Traci) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #11 MOTION for Reconsideration re Order on Motion for Pre Motion Conference,,,, Initial Conference Hearing,,,, Motion Hearing,,, Partial Motion for Reconsideration of the Court's Order dated November 29, 2023 filed by Eric Adams, David Chokshi, City of New York. (Attachments: #1 Exhibit A - Transcript of November 29, 2023 Proceedings, #2 Exhibit B - Copy of EO No. 62) (Krasne, Traci) |
| Filing 11 MOTION for Reconsideration re Order on Motion for Pre Motion Conference,,,, Initial Conference Hearing,,,, Motion Hearing,,, Partial Motion for Reconsideration of the Court's Order dated November 29, 2023 by Eric Adams, David Chokshi, City of New York. (Krasne, Traci) |
| Filing 10 ANSWER to #1 Complaint, by Eric Adams, David Chokshi, City of New York. (Krasne, Traci) |
| Minute Entry and Order for Initial Status Conference and oral argument on #7 defendants' motion to dismiss held before Judge Brian M. Cogan on 11/29/2023. Counsel for all parties appeared via Zoom. Defendants' motion to dismiss is denied as to plaintiff's Section 1983 selective enforcement and Title VII failure to accommodate claims, and granted as to plaintiff's Section 1983 substantive due process claim. The Court set the following discovery schedule: parties to exchange Rule 26(a)(1) disclosures by 12/22/2023; serve written discovery requests by 1/8/2024; produce written discovery by 2/7/2024; complete fact depositions by 4/8/2024, the date fact discovery ends. The last day for filing a letter requesting a pre-motion conference to file dispositive motions shall be 4/15/2024. See transcript for details (Court Reporter: Kristi Cruz). (PW) |
| Filing 9 REPLY in Support re #7 MOTION for pre motion conference reply memorandum of law in further support of motion to dismiss filed by Eric Adams, David Chokshi, City of New York. (Krasne, Traci) |
| Filing 8 MEMORANDUM in Opposition to Defendants' Motion to Dismiss filed by Daniel Chavez. (LaVeglia, Chad) |
| Filing 7 MOTION for pre motion conference by Eric Adams, David Chokshi, City of New York. (Krasne, Traci) |
| Filing 6 NOTICE of Appearance by Traci Krasne on behalf of Eric Adams, David Chokshi, City of New York (aty to be noticed) (Krasne, Traci) |
ORDER deferring ruling on #7 . The premotion conference is waived. This motion is deemed to constitute defendants' motion to dismiss. Plaintiff's opposition due 11/23/23. The Court shall hold oral argument on this motion at the Initial Status Conference as previously scheduled for 11/29/23, except that the conference and argument shall be held by video. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 11/9/2023. (PW)
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Filing 5
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 11/29/2023 at 10:00 am. The parties are directed to call 571-353-2301 and enter Meeting ID 642046966#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 10/18/2023. (PW)
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| Filing 4 Summons Issued as to All Defendants. (Attachments: #1 Adam, #2 David) (CV) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) |
| Case Assigned to Judge Brian M. Cogan. 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. (CV) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-17193080 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Daniel Chavez. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1- EEOC Right to sue letter, #3 Exhibit 2- NYC denial of religious accommodation, #4 Exhibit 3- NYC RA Appeals Panel Denial Letter, #5 Proposed Summons City of New York, #6 Proposed Summons Eric Adams, #7 David Chokshi) (LaVeglia, Chad) |
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