Davila v. The Village of Freeport et al
Plaintiff: Jose Davila
Defendant: The Village of Freeport, JCB & Sons, Inc. d/b/a Non-Stop Towing & Recovery a/k/a Non-Stop Towing a/k/a Non-Stop Towing and Recovery, Jerome Bonomo, Officer Christian R. Breitwieser, JCB & Sons, Inc. also known as Non-Stop Towing & Recovery doing business as Non-Stop Towing & Recovery also known as Non-Stop Towing, Non-Stop Towing & Recovery and Non-Stop Towing
Case Number: 2:2023cv06523
Filed: August 31, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Diane Gujarati
Referring Judge: James M Wicks
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2023 Opinion or Order Filing 13 INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held November 17, 2023 at 9:30 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than November 10, 2023. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. 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 James M. Wicks on 10/2/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
October 2, 2023 Opinion or Order ORDER granting #7 Motion for Extension of Time to Answer. All Defendants must answer or otherwise respond to the Complaint (ECF No #1 ) on or before October 30, 2023. So Ordered by Magistrate Judge James M. Wicks on 10/2/2023. (HM)
September 29, 2023 Filing 12 SUMMONS Returned Executed by Jose Davila. Christian R. Breitwieser served on 9/8/2023, answer due 9/29/2023. (Campanelli, Andrew)
September 29, 2023 Filing 11 SUMMONS Returned Executed by Jose Davila. JCB & Sons, Inc. served on 9/8/2023, answer due 9/29/2023. (Campanelli, Andrew)
September 29, 2023 Filing 10 SUMMONS Returned Executed by Jose Davila. The Village of Freeport served on 9/8/2023, answer due 9/29/2023. (Campanelli, Andrew)
September 29, 2023 Filing 9 SUMMONS Returned Executed by Jose Davila. Jerome Bonomo served on 9/28/2023, answer due 10/19/2023. (Campanelli, Andrew)
September 29, 2023 Filing 8 Summons Returned Unexecuted by Jose Davila as to Jerome Bonomo. (Campanelli, Andrew)
September 29, 2023 Filing 7 Letter MOTION for Extension of Time to File Answer on Behalf of All Defendants by Jerome Bonomo, Christian R. Breitwieser, JCB & Sons, Inc., The Village of Freeport. (Attachments: #1 Proposed Order) (Benzie, Helen)
September 29, 2023 Filing 6 NOTICE of Appearance by Helen M. Benzie on behalf of All Defendants (aty to be noticed) (Benzie, Helen)
September 6, 2023 Filing 5 Summons Issued as to All Defendants. (LJ)
September 1, 2023 Filing 4 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (CL)
September 1, 2023 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. (CL)
September 1, 2023 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL)
September 1, 2023 Case Assigned to Judge Diane Gujarati and Magistrate Judge James M. Wicks. 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. (CL)
August 31, 2023 Filing 1 COMPLAINT against Jerome Bonomo, Christian R. Breitwieser, JCB & Sons, Inc., The Village of Freeport filing fee $ 402, receipt number ANYEDC-17042839 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jose Davila. (Attachments: #1 Exhibit A - Freeport/Non-Stop Impound Receipt, #2 Exhibit B - Traffic Tickets, #3 Exhibit C - Freeport Police Dept. Notice, #4 Exhibit D - Freeport Village Court Dismissal, #5 Exhibit E - Davila NYS DMV Title, #6 Exhibit F - The Seattle Times Article, #7 Civil Cover Sheet, #8 Proposed Summons The Village of Freeport, #9 Proposed Summons JCB & Sons, Inc., #10 Proposed Summons Jerome Bonomo, #11 Proposed Summons Officer Christian R. Breitwieser) (Campanelli, Andrew)

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Search for this case: Davila v. The Village of Freeport et al
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Plaintiff: Jose Davila
Represented By: Andrew J. Campanelli
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Defendant: The Village of Freeport
Represented By: Helen M. Benzie
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Defendant: JCB & Sons, Inc. d/b/a Non-Stop Towing & Recovery a/k/a Non-Stop Towing a/k/a Non-Stop Towing and Recovery
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Defendant: Jerome Bonomo
Represented By: Helen M. Benzie
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Defendant: Officer Christian R. Breitwieser
Represented By: Helen M. Benzie
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Defendant: JCB & Sons, Inc. also known as Non-Stop Towing & Recovery doing business as Non-Stop Towing & Recovery also known as Non-Stop Towing
Represented By: Helen M. Benzie
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Defendant: Non-Stop Towing & Recovery
Represented By: Helen M. Benzie
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Defendant: Non-Stop Towing
Represented By: Helen M. Benzie
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