Smokes v. The City of New York et al
| Eric Smokes |
| John Roe, The City of New York, Christine Keenan, Consuela Fernandez, Wallace Zeins, Peter Salerno, Stephen Bavolar, Bonnie Sard, James Cowan, Charles King, Jeff Salta, Michael Goldstein, Thomas Cruthers, William Darrow, Susan Axelrod, john bane, Candice Bridgwood, Michael Paccione, Jack Roe, Terri Rosenblatt, David Drucker and Joe Roe |
| 1:2024cv05086 |
| July 22, 2024 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Joseph A Marutollo |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 SUMMONS Returned Executed by Eric Smokes. Candice Bridgwood served on 9/9/2024, answer due 9/30/2024. (Caukin, Carissa) |
| Filing 30 REPLY in Support of DA Defendants' Objection to Purported Service of Process and Response to Plaintiff's Letter dated September 4, 2024 (ECF No. 29), filed by Susan Axelrod, William Darrow, David Drucker, Consuela Fernandez, Michael Goldstein, Christine Keenan, Charles King, Terri Rosenblatt, Peter Salerno, Jeff Salta, Bonnie Sard. (Shoock, Corey) |
| Filing 29 Letter to Court addressing proper service and status report by Eric Smokes (Attachments: #1 Exhibit Exhibit A - Email correspondence with ADA Todd Fitch, #2 Exhibit Exhibit B - ADA Fitch's June 10, 2024 Letter to Plaintiffs' Counsel, #3 Exhibit Exhibit C - ADA Fitch's July 29, 2024, Letter to Plaintiffs' Counsel, #4 Exhibit Exhibit D - Email correspondence with ADA Shoock, #5 Exhibit Exhibit E - Email correspondence with Defendant Rosenblatt and DANY's General Counsel, #6 Exhibit Exhibit F - Email correspondence from DANY's General Counsel, #7 Exhibit Exhibit G - Email correspondence with Defendant Rosenblatt and DANY's General Counsel, #8 Exhibit Exhibit H - Signed CPL 160.50 Waivers, #9 Exhibit Exhibit I - Vacatur hearing minutes, #10 Exhibit Exhibit J - Email correspondence with Mary O'Flynn) (Caukin, Carissa) |
| Filing 28 SUMMONS Returned Executed by Eric Smokes. Wallace Zeins served on 8/23/2024, answer due 9/13/2024. (Caukin, Carissa) |
| Filing 27 SUMMONS Returned Executed by Eric Smokes. Michael Paccione served on 8/22/2024, answer due 9/12/2024. (Caukin, Carissa) |
| Filing 26 SUMMONS Returned Executed by Eric Smokes. Thomas Cruthers served on 8/23/2024, answer due 9/13/2024. (Caukin, Carissa) |
| Filing 25 SUMMONS Returned Executed by Eric Smokes. James Cowan served on 8/26/2024, answer due 9/16/2024. (Caukin, Carissa) |
| Filing 24 SUMMONS Returned Executed by Eric Smokes. Stephen Bavolar served on 8/21/2024, answer due 9/11/2024. (Caukin, Carissa) |
| Filing 23 First MOTION for Extension of Time to File Answer or otherwise respond to the complaint, First MOTION to Adjourn Conference by The City of New York. (Francolla, Brian) |
ORDER granting in part and denying in part #23 . The initial conference for both the Warren and the Smokes conferences is rescheduled to October 17, 2024 at 10:30 a.m. in Courtroom 324 North before Magistrate Judge Marutollo. The parties shall file the proposed discovery plan by October 15, 2024 at 5:00 p.m. Defendant City's deadline to respond to the Complaint is extended until October 24, 2024. As noted in the Court's August 29, 2024 order, Plaintiff Smokes and Plaintiff Warren shall serve Defendants with the applicable CPL 160.50 authorizations by September 4, 2024. Also, as an addendum to the Court's August 29, 2024 order, Plaintiff Smokes and Plaintiff Warren shall address whether they have properly served all defendants in their September 4, 2024 submission. In light of the adjournment of the initial conference, the deadline for the individual NYPD defendants and the DA Defendants to respond to the complaint (assuming that proper service was rendered) is extended until October 24, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 8/30/2024. (EG)
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| Filing 22 First MOTION for Extension of Time to File Answer re #1 Complaint,, or otherwise respond to the Complaint, to December 2, 2024, First MOTION to Adjourn Conference currently scheduled for September 13, 2024, sine die, and relieve the DA defendants of the obligation to submit a proposed Discovery Plan and Scheduling Order by Susan Axelrod, William Darrow, David Drucker, Consuela Fernandez, Michael Goldstein, Christine Keenan, Charles King, Terri Rosenblatt, Peter Salerno, Jeff Salta, Bonnie Sard. (Shoock, Corey) |
| Filing 21 NOTICE of Appearance by Brian Christopher Francolla on behalf of The City of New York (aty to be noticed) (Francolla, Brian) |
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ORDER granting in part and denying in part #22 - The initial conference remains scheduled for September 13, 2024. The start time for both the Warren and the Smokes conferences, however, will be 10:15 a.m. The initial conference will be in person before Magistrate Judge Marutollo in Courtroom 324 North. The joint proposed Discovery Plan and Scheduling Order shall be filed on ECF no later than September 10, 2024 Plaintiff Smokes and Plaintiff Warren shall respond to the DA defendants' arguments regarding service by September 4, 2024. To the extent the DA defendants were properly served, their deadline to respond to the Complaint is extended to September 16, 2024. The Court reserves its right to revisit whether the DA defendants were properly served at the September 13, 2024 conference. Plaintiff Smokes and Plaintiff Warren shall serve Defendants with the applicable CPL 160.50 authorizations by September 4, 2024. As DA defendants note, it appears that the administrators of the estates of four named defendants have not yet been identified, let alone served with process. Plaintiff Smokes and Plaintiff Warren shall provide a status report regarding service on these estates in their submission filed by September 4, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 8/29/2024. (JAM)
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| Filing 20 SUMMONS Returned Executed by Eric Smokes. John Bane served on 8/16/2024, answer due 9/6/2024. (Henning, James) |
| Filing 19 SUMMONS Returned Executed by Eric Smokes. Jeff Salta served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 18 SUMMONS Returned Executed by Eric Smokes. Peter Salerno served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 17 SUMMONS Returned Executed by Eric Smokes. Terri Rosenblatt served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 16 SUMMONS Returned Executed by Eric Smokes. Christine Keenan served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 15 SUMMONS Returned Executed by Eric Smokes. Consuela Fernandez served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 14 SUMMONS Returned Executed by Eric Smokes. Charles King served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 13 SUMMONS Returned Executed by Eric Smokes. William Darrow served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 12 SUMMONS Returned Executed by Eric Smokes. Bonnie Sard served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 11 SUMMONS Returned Executed by Eric Smokes. David Drucker served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 10 SUMMONS Returned Executed by Eric Smokes. Susan Axelrod served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 9 SUMMONS Returned Executed by Eric Smokes. Michael Goldstein served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
| Filing 8 SUMMONS Returned Executed by Eric Smokes. The City of New York served on 8/13/2024, answer due 9/3/2024. (Henning, James) |
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Filing 7
SCHEDULING ORDER: An initial conference will be held on September 13, 2024 at 10:30 a.m. before Magistrate Judge Joseph A. Marutollo in Courtroom 324N. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than September 10, 2024. Per diem counsel may not appear without prior permission of the Court. Plaintiff is directed to notify all Defendants of this conference. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 8/9/2024. (Attachments: #1 Individual Practices and Rules) (EG)
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Joseph A. Marutollo for all further proceedings. Magistrate Judge Marcia M. Henry no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 8/8/2024. (SDM)
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| Filing 6 NOTICE of Appearance by Carissa Caukin on behalf of Eric Smokes (aty to be noticed) (Caukin, Carissa) |
| Filing 5 Letter Advising of Related Case by Eric Smokes (Henning, James) |
| Filing 4 Summons Issued as to Susan Axelrod, John Bane, Stephen Bavolar, Candice Bridgwood, James Cowan, Thomas Cruthers, William Darrow, David Drucker, Consuela Fernandez, Michael Goldstein, Christine Keenan, Charles King, Michael Paccione, Jack Roe, Joe Roe, John Roe, Terri Rosenblatt, Peter Salerno, Jeff Salta, Bonnie Sard, The City of New York, Wallace Zeins. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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 (KD) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Marcia M. Henry. 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) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18094234 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Eric Smokes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Civil Cover Sheet, #22 Proposed Summons, #23 Rider to Summons) (Henning, James) |
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