Escoffer v. New York Police Department et al
| Dana N. Escoffier |
| New York Police Department, Time Equities, Inc., Hudson Street Equities, John Doe, Jane Doe and I.A.B |
| 1:2013cv03918 |
| June 6, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Unassigned |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
191
ORDER. The Court has been informed that the parties have reached a settlement in principle of this case. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty days. All filing deadlines and conference dates are adjourned sine die. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/25/2020) (rjm)
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Filing
187
ORDER: The parties are directed to appear for a conference to schedule a date for trial on April 27, 2020, at 4:00 p.m. in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. ( Status Conference set for 4/27/2020 at 04:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 2/11/2020) Copies Mailed by Chambers. (mro) Modified on 2/11/2020 (mro).
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Filing
178
OPINION AND ORDER re: 163 MOTION for Summary Judgment filed by Sgt. Balunas, Officer Marte, City of New York. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED in part and DENIED in part. The Clerk of Court is directed to close the motions at Docket Numbers 163 and 177. (Signed by Judge J. Paul Oetken on 9/30/2019) Copies Mailed By Chambers. (mro)
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Filing
149
ORDER ADOPTING REPORT AND RECOMMENDATION: for 140 Report and Recommendation. The Court has reviewed the remaining portions of Magistrate Judge Freeman's thorough and well-reasoned Report, to which no objections were made, and finds no clear error on the face of the record. Judge Freeman's conclusion, that Mr. Escoffier's claims against the John and Jane Doe defendants be dismissed as time-barred, was not based on any legal errors and is correct. Accordingly, the Court ADOPTS t he recommendation in the Report that Mr. Escoffier's claims against the John and Jane Doe defendants be dismissed. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/27/2017) Copies Mailed By Chambers. ** Party John Doe (1-20) terminated. (ama) Modified on 7/27/2017 (ama).
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Filing
141
MEMORANDUM AND ORDER: re: 119 MOTION to Amend/Correct 11 30/60 Days Amended Complaint filed by Dana N. Escoffier, 137 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from John L. Garcia dated December 13, 2016 filed by Officer Marte. For all of the foregoing reasons, Plaintiff's motion to amend (Dkt. 119) is granted in part and denied in part, as set out herein. Further, in light of the amendment, and for t he additional reasons stated in the parties' recent letters to the Court (Dkts. 137, 138), the deadline for the completion of all fact discovery in this action is extended to March 31, 2017. Consistent with this Memorandum and Order, the Clerk of Court is directed to close Dkts. 119 and 137 on the Docket of this action. SO ORDERED., ( Fact Discovery due by 3/31/2017.) (Signed by Magistrate Judge Debra C. Freeman on 1/04/2017) Copies Mailed By Chambers. (ama)
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Filing
94
OPINION AND ORDER: re: 81 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6) filed by Officer Robertson, Sgt./Lt. Anderson, Det. Walsh, Chief Campisi, Officer Alberici, Sgt. Termine, Officer Marino, Officer Basnight, Sgt. Call e, Officer Belger, Detective Smithson, Officer Severino, Sgt. Aynbinder, Sgt. Balunas, Officer Medoza, City of New York, Det. Wheeler, Officer Abbott, Officer Castillo, Insp. Cokkinos, Sgt. Det. Nilan, Officer Fusco, Thompson, Officer Baranski, Officer Marte, Det. Biondolilo. In sum, Defendants' motion to dismiss is GRANTED with respect to claims based on the failure of police to make an arrest in response to his complaints, claims for excessive force and conspiracy, and claims based on the First Amendment and Title VII. The motion to dismiss is DENIED with respect to claims based on possible violations of the ADA and the Fourth Amendment. The remaining Defendants shall file an answer to the complaint within 30 days of this order.The Clerk of Court is directed to close the motion at Docket Number 81. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/11/2016) Copies Mailed By Chambers. (ama)
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