Echevarria v. City of Kingston et al
Plaintiff: Melissa Echevarria
Defendant: City of Kingston, City of Kingston Police Department and John Does 1-7
Case Number: 1:2023cv00258
Filed: February 24, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: David N Hurd
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2023 Opinion or Order Filing 12 TEXT ORDER granting #11 Letter Motion for Melissa Echevarria requesting Extension of Plaintiff's Time to Respond to Defendants' Motion to Dismiss , #8 MOTION to Dismiss for Failure to State a Claim : Plaintiff's Response to Motion due by 5/11/2023. Any Reply to Response to Motion due by 5/18/2023. Authorized by Magistrate Judge Christian F. Hummel on 4/21/2023. (tab)
April 20, 2023 Filing 11 Letter Motion for Melissa Echevarria requesting Extension of Plaintiff's Time to Respond to Defendants' Motion to Dismiss submitted to Judge Christian F. Hummel . (Abramoff, Nicolas)
April 10, 2023 Filing 10 TEXT NOTICE: The Rule 16 Initial Conference scheduled for 4/24/2023 at 9:00 am before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab)
April 6, 2023 CLERK'S CORRECTION OF DOCKET ENTRY: Clerk terminated the #7 MOTION to Dismiss for Failure to State a Claim because counsel refiled the motion at docket #8 (pjh, )
April 5, 2023 Filing 9 NOTICE OF APPEARANCE by Nicolas Gershon Abramoff on behalf of All Plaintiffs (Abramoff, Nicolas)
March 30, 2023 Filing 8 MOTION to Dismiss for Failure to State a Claim filed by City of Kingston, City of Kingston Police Department, John Does 1-7. Motion returnable before Judge Hurd Response to Motion due by 4/20/2023. Reply to Response to Motion due by 4/27/2023 (Attachments: #1 Memorandum of Law, #2 Affidavit) (Cook, Michael)
March 30, 2023 TEXT NOTICE OF FILING DEFICIENCY as to City of Kingston and City of Kingston Police Department regarding the #7 MOTION to Dismiss for Failure to State a Claim Motion returnable before Judge David N. Hurd NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The Notice of Motion is not signed and dated and the Memorandum of law is not dated and does not contain a signature that is in compliance with Paragraph 6.1 of General Order 22. The signed and dated documents should be electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. The correction(s) should be made within 3 days of this notice. Notice of Filing Deficiency Deadline 4/1/2023 (pjh, ) Modified on 3/30/2023 to correct the deadline (pjh, ).
March 29, 2023 Filing 7 MOTION to Dismiss for Failure to State a Claim filed by City of Kingston, City of Kingston Police Department, John Does 1-7. Motion returnable before Judge David N. Hurd. Response to Motion due by 4/19/2023. Reply to Response to Motion due by 4/26/2023 (Attachments: #1 Memorandum of Law) (Cook, Michael) Modified on 3/30/2023 to correct the Judge this motion is returnable before (pjh, ).
March 2, 2023 Opinion or Order Filing 6 TEXT ORDER Approving #5 LETTER BRIEF/Request filed by John Does 1-7, City of Kingston, City of Kingston Police Department. Answer due date updated for City of Kingston: answer due 4/3/2023; City of Kingston Police Department: answer due 4/3/2023; John Does 1-7 answer due 4/3/2023. Authorized by Magistrate Judge Christian F. Hummel on 3/2/2023. (tab)
March 1, 2023 Filing 5 LETTER BRIEF by City of Kingston, City of Kingston Police Department, John Does 1-7. (Cook, Michael)
February 28, 2023 ***Answer due date updated for City of Kingston and City of Kingston Police Department answers due 3/3/2023. (pjh, )
February 28, 2023 TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (pjh, )
February 27, 2023 Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Attorney N. Gershon Abramoff, Email address is gershon@mccabecoleman.com. Phone number is 845-379-2222. Admissions due by 3/13/2023. {Notice served upon attorney via email}(pjh, )
February 27, 2023 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/24/2023 at 9:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/17/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Copy served upon Attorney N. Gershon Abramoff via e-mail}(pjh, )
February 24, 2023 Filing 2 STATE COURT COMPLAINT filed by Plaintiff in Ulster County Supreme Court. (pjh, )
February 24, 2023 Filing 1 NOTICE OF REMOVAL from Ulster County Supreme Court, case number EF2023-245 (Filing fee $402 receipt number ANYNDC-6211056) filed by John Does 1-7, City of Kingston Police Department and City of Kingston. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Civil Cover Sheet)(pjh, ) (Additional attachment(s) added on 2/28/2023: #3 Certificate of Service) (pjh, ).

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Plaintiff: Melissa Echevarria
Represented By: Nicolas Gershon Abramoff
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Defendant: City of Kingston
Represented By: Michael T. Cook
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Defendant: City of Kingston Police Department
Represented By: Michael T. Cook
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Defendant: John Does 1-7
Represented By: Michael T. Cook
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