Muralles-Osorio v. Town of Riverhead et. al.
| Mayra Muralles-Osorio |
| Police Officer A. Groneman, Town of Riverhead, Police Officer J. Treadwell and Town of Riverhead Police Department |
| 2:2021cv03546 |
| June 23, 2021 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Steven Tiscione |
| A Kathleen Tomlinson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 31 Letter MOTION for Discovery by Mayra Muralles-Osorio. (Mangano, Kenneth) |
ORDER granting #30 Motion to Stay Discovery. The remainder of the schedule set during the conference held on 12/13/21 is stayed. If the case survives the motion to dismiss, counsel shall immediately request a conference to re-set the discovery schedule. So Ordered by Magistrate Judge Steven Tiscione on 4/14/2022. (Vasquez, Lea)
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ORDER finding as moot #31 Motion for Discovery. So Ordered by Magistrate Judge Steven Tiscione on 4/14/2022. (Vasquez, Lea)
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ORDER deferring ruling on #30 Motion for Discovery. Plaintiff shall file a response indicating whether or not they consent to the stay by 4/18/22. So Ordered by Magistrate Judge Steven Tiscione on 4/12/2022. (Vasquez, Lea)
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| Filing 30 Letter MOTION to Stay Discovery by A. Groneman, Town of Riverhead, J. Treadwell. (Attachments: #1 Exhibit 1) (O'Connell, Daniel) Modified on 4/14/2022 (Vasquez, Lea). |
| Filing 29 Minute Entry for Settlement Conference held on 3/30/2022 before Magistrate Judge Steven Tiscione: Mangano, Ferro for Plaintiff; McGiff, O'Connell for Defendants. The MOTION for Leave to Electronically File Document Ex Parte 28 is denied as unnecessary, as prior permission to file ex parte settlement statements has already been granted. Settlement discussions were held but the parties were unable to reach a disposition at this time. Parties will have further settlement discussions following a decision on the motion to dismiss. (Vasquez, Lea) |
| Filing 27 Fully Briefed MOTION to Dismiss for Failure to State a Claim Pursaunt to FRCP 12(b)(6) by A. Groneman, Town of Riverhead, J. Treadwell. (Attachments: #1 McGiff Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Defs. Memo of Law in Support, #10 Cover Letter to Plaintiff's Counsel, #11 Pl. Memo of Law In Opp, #12 Mangano Declaration, #13 Ex. 1, #14 Ex. 2, #15 Ex. 3, #16 Ex. 4a, #17 Ex. 4b, #18 Ex. 4c, #19 Ex. 4d, #20 Defs. Reply Memo. in Further Support) (O'Connell, Daniel) |
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ORDER: Defendants improperly filed an extension request as a motion to dismiss. The motion #26 is terminated as improperly filed. In any event, Defendants' request, made with consent of Plaintiff, for an extension of time to serve Plaintiff with their reply is granted. Defendants shall serve Plaintiff with their reply and file the fully briefed motion by March 3, 2022. Ordered by Judge LaShann DeArcy Hall on 2/17/2022. (Williams, Erica)
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| Filing 26 MOTION to Dismiss by Town of Riverhead. (McGiff, Stephen) |
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ORDER: Plaintiff's request #25 , made with consent of Defendants, for an extension of time to serve a response to Defendants' motion to dismiss is GRANTED. Plaintiff shall serve Defendants with opposition papers on or before February 18, 2022. Defendants shall serve Plaintiff with their reply, if any, and file the fully briefed motion by February 25, 2022. Ordered by Judge LaShann DeArcy Hall on 1/21/2022. (Williams, Erica)
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| Filing 25 First MOTION for Extension of Time to File by Mayra Muralles-Osorio. (Mangano, Kenneth) |
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ORDER: Defendants' request #22 for a pre-motion conference on an anticipated motion to dismiss the amended complaint is DENIED. The parties shall brief Defendants' motion to dismiss in accordance with this Court's Individual Practices. Accordingly, Defendants shall serve Plaintiff with their motion on or before January 6, 2022. Plaintiff shall serve Defendants with opposition papers on or before January 20, 2022. Defendants shall serve Plaintiff with their reply, if any, and file the fully briefed motion by January 27, 2022. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motion only once it is fully briefed. Defendants shall provide the Court with a courtesy copy of the filed, stamped, fully briefed motions, within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court's Individual Practices. Ordered by Judge LaShann DeArcy Hall on 12/20/2021. (Williams, Erica)
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| Filing 24 RESPONSE in Opposition re #22 MOTION to Dismiss for Failure to State a Claim filed by Mayra Muralles-Osorio. (Mangano, Kenneth) |
| Filing 23 Minute Entry for Initial Conference Hearing held on 12/13/2021 before Magistrate Judge Steven Tiscione: Mangano for Plaintiff; McGiff for Defendants. The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 12/13/21; Completion of Phase I discovery - 3/15/22; Deadline for motions to join new parties or amend pleadings - 4/15/22; First requests for production of documents and interrogatories due by - 5/2/22; All fact discovery to be completed by 8/2/22; Exchange of expert reports - 9/9/22; Expert depositions completed by - 10/10/22; All discovery completed by - 10/10/22; Final date to take first step in dispositive motion practice - 10/17/22. An in-person settlement conference will be held on March 30, 2022 at 11:00 a.m. in Courtroom 910 of the Central Islip Courthouse. Parties are to submit their respective settlement positions via ex parte electronic filing no later than March 28, 2022. A motion to file ex parte is not required. Counsel are to refer to the Settlement Section of this Court's Individual Rules to further prepare for the conference. (Vasquez, Lea) |
| Filing 22 MOTION to Dismiss for Failure to State a Claim by Town of Riverhead. (McGiff, Stephen) |
| Filing 21 DISCLOSURE of Interested Parties by Mayra Muralles-Osorio. (Mangano, Kenneth) |
| Filing 20 NOTICE by Town of Riverhead (McGiff, Stephen) |
| Filing 19 Proposed Scheduling Order Discovery Plan Worksheet by Mayra Muralles-Osorio (Mangano, Kenneth) |
| Filing 18 AMENDED COMPLAINT vs. Town of Riverhead and Police Officers A. Groneman and J. Treadwell against All Defendants, filed by Mayra Muralles-Osorio. (Mangano, Kenneth) |
| Filing 17 MOTION to Adjourn Conference by Town of Riverhead. (McGiff, Stephen) |
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ORDER granting #17 Motion to Adjourn Conference: The initial conference scheduled for November 8th will instead be held at 10:00 a.m. on December 13, 2021. The completed Discovery Plan Worksheet shall be filed by December 9th. Counsel shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 11/2/2021. (Vasquez, Lea)
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Filing 16
SCHEDULING ORDER: The initial conference previously scheduled before Magistrate Judge Tomlinson for 10:00 a.m. on November 8, 2021 will proceed as scheduled but will instead begin at 1:30 p.m. on the same date before the undersigned and be conducted by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. The attached Discovery Plan Worksheet is to be completed be counsel and electronically filed with the Court by November 5th. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 10/30/2021. (Vasquez, Lea)
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| Case Reassigned to Magistrate Judge Steven Tiscione. Magistrate Judge A. Kathleen Tomlinson no longer assigned to the 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. (Marziliano, August) |
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MINUTE ENTRY AND ORDER: A telephonic pre-motion conference on Defendants' anticipated motion to dismiss was held before Judge LaShann DeArcy Hall on October 28, 2021. Michael Manolakis appeared on behalf of Plaintiff. Stephen McGiff and Daniel OConnell appeared on behalf of Defendants. Plaintiff shall file an amended complaint on or before November 29, 2021. Defendants shall file a pre-motion letter on an anticipated motion to dismiss, if any, on or before December 13, 2021. Plaintiff shall file a response to Defendants' pre-motion letter on or before December 20, 2021. The deadlines set forth by order dated September 30, 2021 are ADJOURNED sine die. Within five (5) business days of the assignment of a new magistrate judge, the parties shall contact the magistrate judge regarding the setting of discovery deadlines. Ordered by Judge LaShann DeArcy Hall on 10/28/2021. (Court Reporter Sophie Nolan.) (Williams, Erica)
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SCHEDULING ORDER: Defendants' request #11 for a pre-motion conference on their anticipated motion to dismiss is GRANTED. The pre-motion conference shall be held telephonically on October 28, 2021, at 12:30 p.m. The parties are directed to contact chambers on October 28, 2021, at 12:30 p.m. using the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Judge LaShann DeArcy Hall on 10/8/2021. (Williams, Erica)
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| Filing 15 Letter by Mayra Muralles-Osorio (Mangano, Kenneth) |
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ORDER: In direct contravention of this Court's Individual Practices, Plaintiff filed a response #13 to Defendants' pre-motion letter that exceeds three (3) pages. On or before October 6, 2021, Plaintiff shall file a response to Defendants' letter, not to exceed three (3) pages. Future failure to abide by this Court's Individual Practices may result in sanctions. Defendants' letter #14 objecting to the length of Plaintiff's response was filed on the docket as a motion for summary judgment and is DENIED as improperly filed. Ordered by Judge LaShann DeArcy Hall on 10/6/2021. (Williams, Erica)
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| Filing 14 MOTION for Summary Judgment by Town of Riverhead. (McGiff, Stephen) |
| Filing 13 MOTION for pre motion conference re #11 Letter by Mayra Muralles-Osorio. (Mangano, Kenneth) |
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ORDER: In violation of this Court's individual practices, Plaintiff failed to file a response to Defendants' September 20, 2021 pre-motion letter #11 within five (5) business days. On pain of sanctions, Plaintiff shall file her response to the letter on or before October 4, 2021. Failure to abide by this order could also result in dismissal of this matter for failure to prosecute. Ordered by Judge LaShann DeArcy Hall on 10/1/2021. (Williams, Erica)
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Filing 12
NITIAL CONFERENCE SCHEDULING ORDER. Initial Conference set for November 8, 2021 at 10 a.m. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 840 at 100 Federal Plaza, Central Islip, New York. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the Court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/30/2021. (Wolf, Deanna)
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| Filing 11 Letter by A. Groneman, Town of Riverhead, Town of Riverhead Police Department, J. Treadwell (Tocci, Justine) |
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Filing 10
ORDER granting #9 Motion for Extension of Time to Answer re #1 Complaint. All Defendants Answer due September 23, 2021. Application Granted. No Further Extensions. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/19/2021. (Ryan, Mary)
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| Filing 9 MOTION for Extension of Time to File Answer re #1 Complaint by A. Groneman, Town of Riverhead, Town of Riverhead Police Department, J. Treadwell. (O'Connell, Daniel) |
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ORDER: Defendant's motion #8 to reassign this case to Central Islip is DENIED. Ordered by Judge LaShann DeArcy Hall on 8/11/2021. (Williams, Erica)
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| Filing 8 MOTION to Reassign Case by Town of Riverhead. (McGiff, Stephen) |
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Filing 7
STIPULATION AND ORDER re #6 Stipulation EXTENDING DEFENDANTS' TIME TO ANSWER OR MOVE filed by Town of Riverhead, Town of Riverhead Police Department, J. Treadwell, A. Groneman All Defendants. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/13/2021. (Ryan, Mary)
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| Filing 6 STIPULATION EXTENDING TIME TO ANSWER OR MOVE by A. Groneman, Town of Riverhead, Town of Riverhead Police Department, J. Treadwell (O'Connell, Daniel) |
| Filing 5 NOTICE of Appearance by Daniel Joseph O'Connell on behalf of All Defendants (aty to be noticed) (O'Connell, Daniel) |
| Filing 4 NOTICE of Appearance by Stephen J. McGiff on behalf of All Defendants (aty to be noticed) (McGiff, Stephen) |
| 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. (Flanagan, Doreen) |
| Filing 2 Summons Issued as to A. Groneman, Town of Riverhead, Town of Riverhead Police Department, J. Treadwell. (Flanagan, Doreen) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Mayra Muralles-Osorio. (Attachments: #1 Civil Cover Sheet) (Flanagan, Doreen) |
| FILING FEE: $ 402.00, receipt number NYECO31261 (Flanagan, Doreen) |
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