Flynn v. The City of New York et al
| Abdul Flynn |
| The City of New York, The New York City Police Department, Police Officer Willus Murray, Police Officer Crystal Collins and Police Officers John Doe's |
| 1:2012cv07226 |
| September 25, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine B Forrest |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2013. A more recent docket listing may be available from PACER.
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Filing 18
ORDER: On July 8, 2013, the Court ordered the parties to inform the Court, not later than July 15, 2013, whether they have reached a settlement or whether they would like the Court to set this matter down for trial. The Court also noted in its July 8 order that the docket suggests this matter may have already been settled. To date, the Court has received no additional information from the parties. Accordingly, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if such an application is made not later than August 26, 2013. IT IS FURTHER ORDERED that all other dates and deadlines in this matter are adjourned. The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 7/26/2013) (mro)
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Filing 17
ORDER: It appears from the docket that this matter may have already been settled. The parties should inform the Court, not later than July 15, 2013, whether they have reached a settlement, or whether they would prefer the Court to set this matter down for trial. (Signed by Judge Katherine B. Forrest on 7/8/2013) (mro)
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(cda) |
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Filing 15
ORDER: This case has been designated to participate in the Southern District of New York's Plan for Certain 1983 Cases Against the City of New York (the "Plan").The Court will allow this case to remain in the Section 1983 Plan for a period of six months from the date of the original order designating it as part of the Plan; After six months the Court will review this case for possible sua sponte removal from the Plan.This action was designated as part of the Plan on 9/28/2012. The six month time period expires on 3/28/2013. Furthermore, if at any time within that period either party wishes to remove this case from the Plan, counsel should notify the Court, and the Court will consider the request. Many cases remain in the Plan for lengthy periods, leading to no resolution; and require the Court's intervention despite those lengthy periods in the Plan. It is the undersigned's intention to ensure that such cases do not remain in the Plan when resolution through the Plan is unlikely or causing undue delay. As a result, parties wishing to take advantage of mediation under the Plan should make every effort not to cancel or adjourn scheduled mediation sessions. (Signed by Judge Katherine B. Forrest on 3/13/2013) (ago)
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| Filing 14 NOTICE OF CHANGE OF ADDRESS by David Niel McGruder on behalf of Abdul Flynn. New Address: Law Office of David McGruder, 1825 Park Ave., Suite 1102, New York, New York, 10035, 212-747-9311. (McGruder, David) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(cda) |
| NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(rpr) |
| SECTION 1983 PLAN 100-DAY REVIEW: The mediator shall be available to the parties throughout the discovery phase of the Plan and shall schedule and hold the first mediation session in the case within ten (10) days of the close of the discovery period. In the event that the mediation cannot begin within the time set forth herein, the assigned mediator shall promptly notify the Mediation Supervisor of the date by which the mediation will begin and the reason for the delay. The mediator shall correspond with the Mediation Office to arrange a mutually convenient date and time to hold the first session. 1983-Plan Review due by 4/19/2013. Mediator to be Assigned by 1/22/2013.(rpr) |
| Filing 13 ANSWER to #1 Complaint with JURY DEMAND. Document filed by The City of New York.(Jacobs, Elissa) |
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Filing 12
ENDORSED LETTER addressed to Judge Katherine B. Forrest from David McGruder dated 12/20/2012 re: Plaintiff's counsel writes believe thi, case was dismissed in error. Your Honor dismissed the case for failing to prosecute. More specifically the court ordered dismissal for failing to serve upon the city a release pursuant to Criminal Procedure Law 160.50. As I have indicated previously, I served this item on the city on November 9, 2012 in compliance with the Section 1983 Plan with your Honor's Order. The proof of service is in the ECF record (please see ECF entry 8 dated 12/13/2012. have provided through ECF and E-mail a time stamped copy of the release in question. The time stamp reflects that it was served on the City (Defendants) on November 9, 2012. Therefore motion to dismiss based on plaintiff not serving the release is improper. false and should be denied. Thus an Order based on that erroneous motion should be reviewed and respectfully reversed. I urge this Court to review the ECF record particularly Entry number 8 from plaintiff. The Court will then find that Plaintiff. contrary to defendant's claims was in compliance with the Court's November 9th Order. and the Section 1983 Plan. Thus the Court should reverse this Order and reinstate the. case ENDORSEMENT: Ordered: Counsel: You are correct. The order was issued in error and is hereby VACATED. this case is re-opened effective immediately. (Signed by Judge Katherine B. Forrest on 12/20/2012) (ago)
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| Filing 11 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STATUS REPORT. Document filed by Abdul Flynn.(McGruder, David) Modified on 12/21/2012 (ka). |
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Filing 10
ORDER. It is hereby ORDERED that the complaint is dismissed for failure to prosecute. The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 12/17/2012) (rjm) Modified on 12/18/2012 (rjm).
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| Filing 9 Letter addressed to Judge Katherine B. Forrest from Elissa B. Jacobs dated 12/12/2012 re: Defendant City writes to respectfully request that the Court dismiss plaintiff's complaint with prejudice for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b) and in light of plaintiff's failure to show cause as per Your Honor's order of November 9, 2012. Document filed by The City of New York.(lmb) |
| Filing 8 AFFIDAVIT of David McGruder. Document filed by Abdul Flynn. (Attachments: #1 Exhibit)(McGruder, David) |
| Filing 7 Letter addressed to Judge Katherine B. Forrest from Elissa B. Jacobs dated 11/5/2012 re: am the attorney assigned to the defense of this action. Pursuant to the Plan for Certain 1983 Cases against the City of New York (the " 1983 Plan"), I request that the Court direct plaintiff to show good cause for the failure to provide defendants with the executed 160.50 Release required by the 1983 Plan. The 160.50 Release is necessary so that the records pertaining to the plaintiffs claims can be unsealed and the lawsuit can proceed in a timely fashion pursuant to the 1983 Plan. Accordingly, it is requested that Your Honor direct plaintiff to show good cause for the failure to provide the 160.50 Release to this office. For the Court's convenience, a proposed order to show cause in the form approved by the 1983 Plan is enclosed. Document filed by The City of New York. (ago) |
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Filing 6
ORDER TO SHOW CAUSE PURSUANT TO THE SEC. 1983 PLAN: IT IS HEREBY ORDERED that the plaintiff shall serve and file an affidavit by November 16, 2012, demonstrating good cause, if any, for the failure to provide the City with the signed 160.50 Release. Failure to demonstrate good cause or to provide to the City the 160.50 by that date may result in dismissal of this action for failure to prosecute. (Signed by Judge Katherine B. Forrest on 11/09/2012) (ago)
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| Filing 5 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Barbara S. Jones is no longer assigned to the case. (pgu) |
| Filing 4 NOTICE OF APPEARANCE by Elissa Beth Jacobs on behalf of The City of New York (Jacobs, Elissa) |
| Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint. All Defendants. Service was accepted by Dmitry Aronov-Employee. Document filed by Abdul Flynn. (McGruder, David) |
| Filing 2 SUMMONS RETURNED EXECUTED Summons and Complaint served. All Defendants. Service was accepted by Dmitry Aronov, Employee. Document filed by Abdul Flynn. (McGruder, David) |
| NOTICE OF PARTICIPATION IN SECTION 1983 PLAN: Unless otherwise ordered, this case shall participate in the Southern District of New York's Plan for Certain Section 1983 Cases against The City of New York (the "Section 1983 Plan"). Please reference the Court's website to review the Section 1983 Plan for important information.(jno) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney David Neal McGruder for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. (mro) |
| Filing 1 COMPLAINT against Crystal Collins, John Doe's, Willus Murray, The City of New York, The New York City Police Department. (Filing Fee $ 350.00, Receipt Number 1049400)Document filed by Abdul Flynn.(mro) (mro). |
| SUMMONS ISSUED as to Crystal Collins, John Doe's, Willus Murray, The City of New York, The New York City Police Department. (mro) |
| Case Designated ECF. (mro) |
| Magistrate Judge Andrew J. Peck is so designated. (mro) |
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