Dunham v. City of New York et al
| Jermaine Dunham |
| City of New York and Lemar Oliver |
| 1:2011cv01223 |
| February 16, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ulster |
| Naomi Reice Buchwald |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
298
ORDER: The Court is in receipt of the parties' joint letter. ECF No. 297. The parties are hereby ORDERED to file a joint status report on or by October 13, 2023 addressing the issue of interest due to Plaintiff. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/10/2023) (tg)
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Filing
296
ORDER: The Court is in receipt of the parties' joint letter. ECF No. 295. The parties are hereby ORDERED to file a joint status report on or by October 3, 2023 advising the Court of the status of the settlement payment. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/21/2023) (tg)
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Filing
294
ORDER: As discussed in today's conference, Defendants are hereby ORDERED to file a status report on or by September 20, 2023 advising the Court of the status of the Office of Victim Service's investigation and the status of the settlement payment. (Signed by Judge Andrew L. Carter, Jr on 9/13/2023) (ate)
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Filing
293
ORDER: The Court is in receipt of the parties' letters. ECF Nos. 289, 291, 292. The Court will hold a telephonic conference on September 13, 2023 at 4:15 P.M. Eastern Time. All parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 9/13/2023 at 04:15 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 9/11/2023) (ate)
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Filing
290
ORDER: The Court is in receipt of the Plaintiff's pre-motion conference letter. ECF No. 289. The Defendants are hereby ORDERED to respond to Plaintiff's letter on or by September 6, 2023. ( Responses due by 9/6/2023) (Signed by Judge Andrew L. Carter, Jr on 9/5/2023) (ate)
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Filing
271
MEAL/REFRESHMENT ORDER FOR JURORS: IT IS HEREBY ORDERED that the jurors empaneled and sworn in the above captioned case be provided with light refreshments and/or necessary meals during the duration of the trial. Should the Jury Panel remain in the Courthouse, and necessary refreshments and/or meals are provided the total bill is authorized. (Signed by Judge Andrew L. Carter, Jr on 4/26/2023) (ate)
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Filing
260
ORDER: IT IS HEREBY ORDERED: that the Court Security Officers or other individuals in charge of admitting the public into the United States District Court for the Southern District of New York, located at 40 Foley Square, New York, allow couns el for the defendants, attorneys with the Office of Corporation Counsel, to bring a firearm, sealed in New York Police Department evidence pouches, having been vouchered as evidence by the New York City Police Department pertaining to the above c aptioned matter, into the United States District Court so that it may be used for the purpose of trial before the Honorable Andrew L. Carter, Jr., beginning on April 26, 2023, and continuing until on or about May 5, 2023. (Signed by Judge Andrew L. Carter, Jr on 4/24/2023) (ate)
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Filing
249
ORDER granting in part and denying in part 217 Motion in Limine; granting in part and denying in part 220 Motion in Limine; granting in part and denying in part 222 Motion in Limine; granting in part and denying in part 224 Motion in Limine. For the foregoing reasons, the parties' motions in limine are GRANTED in part and DENIED in part. (Signed by Judge Andrew L. Carter, Jr on 4/19/2023) (ate)
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Filing
246
ORDER: Defendants are hereby ORDERED to file this expert report by Friday April 14, 2023 at 12:00 PM eastern time. (Signed by Judge Andrew L. Carter, Jr on 4/13/2023) (ate)
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Filing
242
ORDER: The Court is in receipt of the Plaintiff's letter requesting a two-day adjournment of the scheduled trial date in the above-captioned matter. ECF No. 241. Plaintiff's unopposed request is hereby GRANTED. Trial will begin on Wednesday, April 26, 2023. ( Ready for Trial by 4/26/2023.) (Signed by Judge Andrew L. Carter, Jr on 3/1/2023) (ate)
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Filing
240
ORDER: The Court will hold a telephonic Final Pre-Trial Conference on April 18, 2023 at 3:30 P.M. All parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). Trial will begin on April 24, 2023. ( Telephone Conference set for 4/18/2023 at 03:30 PM before Judge Andrew L. Carter Jr.), ( Ready for Trial by 4/24/2023.) (Signed by Judge Andrew L. Carter, Jr on 2/3/2023) (ate)
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Filing
238
ORDER: The Court is in receipt of the parties' joint status report. ECF No. 235. The parties are hereby ORDERED to submit a joint status report by February 3, 2023 advising the Court on their availability for trial on the week of February 27, 2023. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/1/2023) (vfr)
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Filing
233
ORDER: Due to a scheduling conflict in the Court's calendar, the pre-trial conference scheduled for December 5, 2022 and the trial scheduled for December 7, 2022 are hereby ADJOURNED. The parties are ORDERED to file a joint status report by December 6, 2022 indicating their availability for trial in the months of January and February 2023 and advising the Court as to the length of the trial. (Signed by Judge Andrew L. Carter, Jr on 12/1/2022) (ate)
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Filing
212
ORDER: As discussed in today's Court Conference: The Defendants' Motion for Reconsideration is DENIED. The final pretrial conference will be held on December 5, 2022 at 3:00 p.m. by telephone. All parties should contact the Court at 1- 888-363-4749 (access code: 3768660). Trial will commence in this matter on December 7, 2022. In follow-up from the Conference: November 28, 2022: The parties are hereby ORDERED to file opening motions in limine their proposed jury instructions and voir dire questions by this date. November 30, 2022: Any response to the motions are due by this date. ( Motions due by 11/28/2022., Responses due by 11/30/2022, Ready for Trial by 12/7/2022.), ( Telephone Conference set for 12/5/2022 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 11/17/2022) (ate)
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Filing
211
ORDER: A telephonic conference shall be held on Thursday, November 17, 2022 at 2:00 p.m. All parties should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 11/17/2022 at 02:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 11/16/2022) (ate)
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Filing
206
ORDER, As discussed in today's Court Conference: All deadlines related to this matter are held in abeyance until after the Court resolves Defendants' motion for reconsideration. In follow-up from the Conference: November 10, 2022: The pa rties are hereby ORDERED to file opening letter briefs addressing the timeliness of Defendants' motion for reconsideration. November 14, 2022: Any response to the opening letter brief will be filed on this date. SO ORDERED. (Brief due by 11/10/2022., Responses to Brief due by 11/14/2022) (Signed by Judge Andrew L. Carter, Jr on 11/7/2022) (kv)
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Filing
204
ORDER granting 203 Letter Motion for Extension of Time to File. It is hereby ORDERED that the parties shall submit their respective proposed jury instructions and voir dire questions no later than Wednesday, November 9, 2022. Additionally, a telephonic conference shall be held on Monday, November 7, 2022 at 11:30 a.m. All parties should contact the Court at 1-888-363-4749 (access code: 3768660). (Signed by Judge Andrew L. Carter, Jr on 11/3/2022) (ate)
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Filing
201
ORDER: It is ORDERED that the parties shall submit their respective proposed jury instructions and proposed voir dire questions no later than November 4, 2022. (Signed by Judge Andrew L. Carter, Jr on 10/21/2022) (ate)
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Filing
199
ORDER denying 198 Letter Motion to Adjourn Conference. Defendant's request is DENIED as the Court is unable to accommodate the adjournment. (Signed by Judge Andrew L. Carter, Jr on 8/29/2022) (ate)
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Filing
195
ORDER: The court will hold a four-day jury trial in this case beginning October 27, 2022, at 9:30 a.m. in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. The Court will hold a telep honic pretrial conference in this action on October 14, 2022 at 2:00PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Jury Trial set for 10/27/2022 at 09:30 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr., Telephone Conference set for 10/14/2022 at 02:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 8/25/2022) (ate)
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Filing
188
ORDER: The Court is in receipt of the Parties' November 10, 2021 status report requesting a mid-July trial date. The Parties are directed to submit a status report detailing trial availability and blackout dates for the third quarter of next year on or before April 15, 2022. (Signed by Judge Andrew L. Carter, Jr on 11/18/2021) (ate)
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Filing
186
ORDER: Pursuant to the pretrial conference held on November 8, 2021, the Court orders that the caption be amended as shown above for the purposes of the upcoming trial. SO ORDERED., City of New York (100 Church Street New York, NY 10017) and Lemar Oliver (Shield No# 22896/42nd New York City Police Department) terminated. (Signed by Judge Andrew L. Carter, Jr on 11/10/2021) (ama)
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Filing
185
ORDER SETTING CONFERENCE: The Court will hold a telephonic pretrial conference on Monday, November 8, 2021 at 3:30PM Eastern Time. All parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 11/8/2021 at 03:30 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 11/3/2021) (ate)
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Filing
183
ORDER granting 182 Letter Motion to Adjourn Conference. The requested adjournment is hereby GRANTED. The Court will set a new conference date by separate order. (Signed by Judge Andrew L. Carter, Jr on 10/27/2021) (ate)
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Filing
181
ORDER SETTING CONFERENCE: The Court will hold a telephonic pretrial conference on Thursday, October 28, 2021 at 10:30 AM Eastern Time. All parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). SO ORDERED., ( Telephonic Pretrial Conference set for 10/28/2021 at 10:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 10/26/2021) (ama) Modified on 10/26/2021 (ama).
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Filing
172
ORDER: A Telephone Status Conference is scheduled for Tuesday, April 27, 2021 at 2:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The parties should be prepar ed to discuss their availability for a settlement conference as well as their plan for expert discovery addressed in ECF No. 169. SO ORDERED., ( Telephone Conference set for 4/27/2021 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 4/14/2021) (ama)
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Filing
167
OPINION & ORDER re: 144 MOTION for Summary Judgment on behalf of defendants. filed by Philip Lobello, Lemar Oliver, City of New York, 156 FIRST MOTION to Seal Certain Material in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment. filed by Jermaine Dunham. For the reasons herein, Defendants' motion for summary judgment on Plaintiff's first, fourth and fifth claims is DENIED. Defendants' motion for summary judg ment on Plaintiff's second and third claims is GRANTED. Plaintiff's motion to seal is GRANTED. The Court hereby ORDERS that Plaintiff's Monell claims continue to be bifurcated and discovery stayed. The Parties are also ORDERED to file a joint status report within 30 days of the filing of this opinion and order. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/10/2021) (rj)
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Filing
166
ORDER granting 165 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/16/2020) (va)
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Filing
153
ORDER granting 152 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/19/2020) (rj)
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Filing
143
ORDER granting 142 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/20/2020) (kv)
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Filing
141
ORDER granting 140 CONSENT LETTER MOTION for Extension of Time to File Motion for Summary Judgment. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/12/2020) (jca)
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Filing
139
ORDER re: 124 LETTER MOTION to Stay and Bifurcate Monell discovery: Accordingly, Defendants' request for a stay and bifurcation of discovery with respect to Plaintiffs municipal liability claims is hereby GRANTED. Defendants& #039; request for a pre-motion conference is hereby DENIED. Defendants are GRANTED leave to file a motion for summary judgment, and the Parties are ORDERED to proceed in accordance with the following briefing schedule: Defendants' Brief: March 13, 2020; Plaintiff's Response: April 10, 2020; Defendants' Reply: April 24, 2020. (Motions due by 3/13/2020. Responses due by 4/10/2020. Replies due by 4/24/2020.) (Signed by Judge Andrew L. Carter, Jr on 2/11/2020) (jwh)
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Filing
137
ORDER. With regard to the Plaintiff's requests for production and notice of Rule 30(b)(6) deposition to Defendant City of New York (the "City") discussed in the parties' joint status report at ECF No. 136, if the Honorable Andre w L. Carter, Jr. denies Defendants' request to stay and bifurcate discovery related to Plaintiff's claims against the City pursuant to Monell v. City of New York Department of Social services, 436 U.S. 658 (1978), the City shall respond to all of Plaintiff's requests and Rule 30(b)(6) notice within fourteen days of Judge Carter's order. The Court confirms that, with respect to the City, Plaintiff retains ability to serve up to 25 interrogatories, as permitted by Federal Rule of Civil Procedure 33. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/31/20) (yv)
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Filing
135
ORDER granting 134 Letter Motion to Adjourn Conference; granting 134 Letter Motion for Extension of Time to File. Defendants' Letter-Motion to adjourn the January 17, 2020 in-person conference before the undersigned, and for extensions of time to file status reports to the Honorable Andrew L. Carter, Jr. and the undersigned (ECF No. 134) is GRANTED. The parties are directed to meet and confer and file a joint letter to the undersigned stating any remaining issues still in dispute by Wednesday, January 29, 2020. The In-Person Conference before the undersigned is adjourned to Friday, January 31, 2020 at 11:00 am in Courtroom 18A, 500 Pearl Street, New York, New York. The parties are directed to file a joint status report to Judge Carter regarding the Defendants' request to bifurcate and stay Monell discovery, and for a pre-motion conference (ECF No. 124) by Monday, February 3, 2020. The Clerk of Court is respectfully directed to close ECF No. 134. SO ORDERED. (Status Conference set for 1/31/2020 at 11:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/14/20) (yv)
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Filing
133
ORDER granting 132 Letter Motion for Extension of Time to File (Status Conference set for 1/17/2020 at 10:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.); granting 132 Letter Motion to Adjourn Conference. Defendants' Letter-Motion for an extension of time (ECF No. 132) is GRANTED. The parties are directed to meet and confer and file a joint letter with the Court stating any remaining issues still in dispute by Wednesday, January 15, 2020. The In-Person Conference scheduled for Friday, January 10, 2020 is adjourned to Friday, January 17, 2020 at 10:30 am in Courtroom 18A, 500 Pearl Street, New York, New York. The Clerk of Court is respectfully directed to close ECF No. 132. SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/9/20) (yv)
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Filing
131
ORDER terminating 124 Letter Motion to Stay; granting 124 Letter Motion for Conference: The Court is in receipt of the Parties' letters regarding Defendants' request to bifurcate and stay Monell discovery, and for a pre-motion confere nce. ECF Nos. 124, 128. Pursuant to the Magistrate Judge's Order on December 17, 2019, ECF No. 130, the Parties will appear for an in-person conference on January 10, 2020. Accordingly, the Parties should submit a joint status report regarding Defendants' request on or before January 17, 2020. (Signed by Judge Andrew L. Carter, Jr on 12/26/2019) (jwh)
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Filing
127
ORDER denying 125 Letter Motion to Adjourn Conference. Defendants' Letter-Motion to adjourn the Initial Conference (ECF No. 125) is DENIED. The Clerk of Court is respectfully directed to close ECF No. 125 and, in accordance with the Fourth Amended Complaint (ECF No. 119), update the case caption to reflect that the City of New York is still a defendant. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/11/19) (yv)
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Filing
117
OPINION AND ORDER re: 107 MOTION to Amend/Correct the Third Amended Complaint filed by Jermaine Dunham. For the foregoing reasons, Plaintiff's Motion for Leave to Amend is GRANTED. Plaintiff shall file the Fourth Amended Complaint within fourteen (14) days of the date of this Opinion and Order, including the correct citations to the appropriate OIG reports in paragraphs 42 and 43 of the Fourth Amended Complaint. (Signed by US Magistrate Judge Sarah L Cave on 10/28/2019) (mro)
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Filing
84
ORDER. The Court finds no clear error in the record and adopts the reasoned conclusions in Judge Pitman's R&R in their entirety. For the reasons stated, the Court dismisses the complaint to the extent that it adds Batignani as a defendant and asserts state law tort claims. So ordered. Re 82 Report and Recommendation. Party Police Officer Lieutenant Batignani terminated. (Signed by Judge Andrew L. Carter, Jr on 5/4/2018) Copies Mailed By Chambers. (rjm).
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Filing
79
OPINION AND ORDER re: 72 MOTION to Amend/Correct 12 Amended Complaint,. filed by Jermaine Dunham: For all the foregoing reasons, plaintiff's motion to amend is granted in part and denied in part. Plaintiff's motion is granted to the extent that he seeks to assert a Section 1983 malicious prosecution claim against existing defendants. The motion is denied to the extent plaintiff seeks to assert state law tort claims against any party or to add Batignani as a defendant. Plaintiff shall file the Third Amended Complaint by no later than March 30, 2018. The Clerk is requested to mark Docket Item 72 closed. (Signed by Magistrate Judge Henry B. Pitman on 3/13/2018) Copies Mailed By Chambers. (jwh)
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Filing
52
OPINION AND ORDER: For the reasons fully stated herein, Plaintiff's motion to amend is denied in-part and granted in-part. The Court will allow Plaintiff to file a SAC containing the § 1983 claims against the LMMHC Defendants. The Court dec lines to allow the amendments containing state law tort claims against any party, the addition of the NYPD as a party, or the addition of the police dog as a party. Plaintiff shall file the SAC with the appropriate amendments by May 16, 2014. The parties shall file a joint status report indicating the status of this case by July 2, 2014. SO ORDERED. ( Amended Pleadings due by 5/16/2014.) (Signed by Judge Andrew L. Carter, Jr on 5/02/2014) Copies Mailed By Chambers. (ama)
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Filing
39
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 38 Report and Recommendations, 33 Motion to Strike filed by Jermaine Dunham. The Court's review finds no clear error, and accordingly, the Court ADOPTS Magistrate Judge Pitman's R&R in its entirety. The Motion to Strike is DENIED. (Signed by Judge Andrew L. Carter, Jr on 3/11/2013) (mt)
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