Alexis v. Village of Hempstead Police Department et al
| Patrick Alexis |
| Village of Hempstead Police Department and Village of Hempstead |
| 2:2024cv00466 |
| January 22, 2024 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Anne Y Shields |
| P.I.: Other |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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| Filing 15 Defendants' ANSWER to #1 Complaint, by Village of Hempstead, Village of Hempstead Police Department. (Garry, William) |
| Filing 14 Defendants' ANSWER to #1 Complaint, by Village of Hempstead, Village of Hempstead Police Department. (Garry, William) |
| Incorrect Document/Entry Information: Dkt. entry #14 contains errors, atty. called to inform the Clerk's Office dkt. #15 is the corrected filing. (MLR) |
ORDER TO ANSWER re #11 Letter filed by Patrick Alexis: Village of Hempstead answer due 3/15/2024; Village of Hempstead Police Department answer due 3/15/2024. So Ordered by Magistrate Judge Anne Y. Shields on 3/8/2024. (DM)
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| Filing 13 NOTICE of Appearance by William J Garry on behalf of Village of Hempstead, Village of Hempstead Police Department (aty to be noticed) (Garry, William) |
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ORDER STRIKING #12 Stipulation filed by DEFENDANTS - By Electronic Order issued on February 26, 2024, this Court, inter alia directed defense counsel to file a Notice of Appearance by no later than February 29, 2024, as it was clear that defense counsel was communicating with Plaintiff about this case. See, Plaintiff's Letter, Dkt. Entry No. #11 . Attached to Plaintiff's letter was a stipulation among the parties extending defendants' time to answer the complaint. The Court explicitly admonished that this stipulation has no effect given that defense counsel has not appeared. Instead of complying with the Court's directive to file a notice of appearance by February 29, 2024, defense counsel simply filed the same stipulation already filed by Plaintiff noted above in Dkt. Entry No. #11 . See, Dkt. Entry No. #12 . Besides not complying with the Court's clear order to file a notice of appearance, defense counsel also violated this Court's rules against cluttering the docket with repeated filings of duplicate documents. This filing is STRICKEN.Defense counsel AGAIN is ORDERED to file a notice of appearance BY NO LATER THAN MARCH 8, 2024. Plaintiff is ORDERED to serve on Defendants FORTHWITH a copy of this Electronic Order as well as the Court's Feb. 20th and Feb. 26th Orders as Plaintiff was ordered to do previously. Proof of service shall be filed immediately thereafter AND NOT LATER THAN MARCH 6, 2024. FAILURE TO COMPLY MAY RESULT IN THE IMPOSITION OF SANCTIONS. SO ORDERED by Judge Dora Lizette Irizarry on 3/4/2024. (Irizarry, Dora)
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| Filing 12 STIPULATION re #1 Complaint, Extending Time to Answer by Village of Hempstead, Village of Hempstead Police Department (Garry, William) |
| Filing 11 Letter by Patrick Alexis (Ginsberg, Martin) |
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NOTICE OF IMPENDING DISMISSAL FOR FAILURE TO PROSECUTE AND COMPLY - On February 20, 2024, this Court issued a notice of impending dismissal because Plaintiff has not taken any steps to prosecute this case and, since defendants have not yet appeared in this case, Plaintiff was ordered to file proof of the Court's Feb. 20th Order on defendants. Instead of doing so, Plaintiff's counsel filed a two sentence letter indicating that defendants have appeared in this case and their time to answer the complaint has been extended to March 15, 2024. Counsel for defendants have NOT filed a notice of appearance. A stipulation between the parties concerning defendant's time to answer is of no effect given that defense counsel has not appeared. Defense counsel is directed to file a notice of appearance BY NO LATER THAN FEBRUARY 29, 2024 and Plaintiff shall serve a copy of this Electronic Order as well as the Court's Feb. 20th Order on Defendants as Plaintiff was ordered to do previously and shall do so FORTHWITH or face sanctions. Proof of service shall be filed immediately thereafter. SO ORDERED by Judge Dora Lizette Irizarry on 2/26/2024. (Irizarry, Dora)
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NOTICE OF IMPENDING DISMISSAL FOR FAILURE TO PROSECUTE --The complaint in this case was filed on January 22, 2024 alleging violations of 42 U.S.C. 1983. See, Dkt. Entry No. #1 . On February 2, 2024, Plaintiff filed proof of service of the summons and complaint on the Village of Hempstead, which also serves as proper service on the other defendant, the Village of Hempstead Police Department. See, Dkt. Entry No. #10 and Pena v. Suffolk Cnty. Police Dept, 2021 WL 3848299, at *2 (E.D.N.Y. Aug. 27, 2021). To date, Defendants have not appeared, but Plaintiff has taken no action to prosecute this case. Accordingly, it is hereby ORDERED that, if BY NO LATER THAN March 1, 2024, Plaintiff does not commence further substantive proceedings or show good cause for the lack of proceedings by way of affidavit or affirmation filed with the Court, this case will be dismissed, without prejudice, for lack of prosecution. Plaintiff is directed to serve a copy of this Electronic Order on Defendants by February 23, 2024 and immediately thereafter file proof of such service with the Court. SO ORDERED by Judge Dora Lizette Irizarry on 2/20/2024. (CC)
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| Filing 10 SUMMONS Returned Executed by Patrick Alexis. Village of Hempstead Police Department served on 1/25/2024, answer due 2/15/2024. (Attachments: #1 Affidavit of Service VILLAGE OF HEMPSTEAD) (Ginsberg, Martin) |
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Filing 9
ORDER: An IN-PERSON Initial Conference is set for 5/13/2024 at 11:00 AM in Courtroom 840 before Magistrate Judge Anne Y. Shields. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 1/29/2024. (Attachments: #1 AYS RULES) (JT)
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| Filing 8 Summons Issued as to All Defendants. (LJ) |
| Filing 7 Proposed Summons. by Patrick Alexis (LJ) |
| Filing 6 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 (LJ) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Additional attachment(s) added on 1/23/2024: #1 Additional Corrections) (LJ). |
| Filing 4 Civil Cover Sheet.. by Patrick Alexis (Ginsberg, Martin) (Main Document 4 replaced on 1/23/2024) (LJ). |
| Missing 2nd Page of Civil Cover Sheet NOTICE: Incomplete Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please resubmit a COMPLETED Civil Cover Sheet including the SECOND PAGE (Not the Instruction Page). This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet (CV) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Anne Y. Shields. 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. (LJ) |
| Your proposed summons was not issued for the following reason: No name and address in the Plaintiffs attorney name and addresses section. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Filing 3 Civil Cover Sheet.. Re #1 Complaint by Patrick Alexis (Ginsberg, Martin) |
| Filing 2 Proposed Summons. Re #1 Complaint by Patrick Alexis (Ginsberg, Martin) |
| Filing 1 COMPLAINT against Village of Hempstead, Village of Hempstead Police Department filing fee $ 405, receipt number ANYEDC-17487721, filed by Patrick Alexis. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Ginsberg, Martin) Modified on 1/23/2024 (LJ). |
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