Chowdhury v. The City of New York et al
| Kamrul Chowdhury |
| The City of New York, Sergeant Jim Paul, NYPD Officer Briana Nunez and NYPD Officers John and Jane Doe #1-5, in their individual capacities |
| 1:2023cv09050 |
| December 8, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 15 Second MOTION for Extension of Time to File Answer and why default should not be entered by The City of New York. (Seligman, Rachel) |
Filing 14
SCHEDULING ORDER: A telephonic initial conference will be held at 2:30 P.M. on 2/20/2024 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 2/16/2024. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/24/2024. (EM)
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ORDER: The motion for extension of time to file answer #13 is denied without prejudice to renewal. Defendant City of New York seeks to extend the time to answer, move, or otherwise respond to the Complaint. Defendant's answer was due on 1/9/2024. (Summons Return Executed, Dkt. No. 11). Because it is seeking to extend the time to answer after the time to do so has passed, Defendant must file a motion by 2/5/2024 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020) ("If an answer is filed late, the court may treat the issue as one of default. See John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ("The filing of a late answer is analogous to a motion to vacate a default.") (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). So Ordered by Magistrate Judge Sanket J. Bulsara on 1/22/2024. (MEG)
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| Filing 13 MOTION for Extension of Time to File Answer by The City of New York. (Seligman, Rachel) |
| Filing 12 SUMMONS Returned Executed by Kamrul Chowdhury. Sergeant Jim Paul served on 12/20/2023, answer due 1/10/2024. (Wilson, O. Andrew) |
| Filing 11 SUMMONS Returned Executed by Kamrul Chowdhury. The City of New York served on 12/19/2023, answer due 1/9/2024. (Wilson, O. Andrew) |
| Filing 10 SUMMONS Returned Executed by Kamrul Chowdhury. NYPD Officer Briana Nunez served on 12/19/2023, answer due 1/9/2024. (Wilson, O. Andrew) |
| Filing 9 AFFIDAVIT of Service for Summons in a Civil Action, Complaint and Jury Demand, NextGen CM/ECF User's Guide, Individual Rules of Magistrate Judge Sanket J. Bulsara served on NYPD Officer Briana Nunez, accepted by Officer Schultz, authorized agent on 12/19/2023, filed by Kamrul Chowdhury. (Wilson, O. Andrew) |
| Filing 8 AFFIDAVIT of Service for Summons in a Civil Action, Complaint and Jury Demand, NextGen CM/ECF User's Guide, Individual Rules of Magistrate Judge Sanket J. Bulsara served on the City of New York, accepted by Clerk Belinda Lee, authorized Agent, on 12/19/23, filed by Kamrul Chowdhury. (Wilson, O. Andrew) |
| Filing 7 Civil Cover Sheet.. Re #1 Complaint, by Kamrul Chowdhury (Wilson, O. Andrew) |
| Filing 6 NOTICE of Appearance by Sana Mayat on behalf of Kamrul Chowdhury (aty to be noticed) (Mayat, Sana) |
| Filing 5 Summons Issued as to NYPD Officer Briana Nunez, NYPD Officers John and Jane Doe #1-5, in their individual capacities, Sergeant Jim Paul, The City of New York. (Attachments: #1 Proposed Summons pro, #2 Proposed Summons) (CV) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 3 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Kamrul Chowdhury (Attachments: #1 Proposed Summons to City of New York, #2 Proposed Summons to Sergeant Jim Paul, #3 Proposed Summons to NYPD Officer Briana Nunez) (Wilson, O. Andrew) |
| Filing 1 COMPLAINT against NYPD Officer Briana Nunez, NYPD Officers John and Jane Doe #1-5, in their individual capacities, Sergeant Jim Paul, The City of New York filing fee $ 405, receipt number ANYEDC-17362058 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Kamrul Chowdhury. (Wilson, O. Andrew) |
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