Tardif v. City of New York et al
Plaintiff: Mary M. Tardif
Defendant: City of New York, New York City Police Department, John O'Connell, Edward Winski, James McNamara, Alena Aminova, Kendal Creer, Rumble and John Doe
Case Number: 1:2013cv04056
Filed: June 13, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Laura Taylor Swain
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 7, 2021 Opinion or Order Filing 374 ORDER: As set forth in the Court's May 4, 2021 Order (ECF No. 370), Defendant shall file its opposition to Plaintiff's motion by June 18, 2021. Plaintiff may file a reply by June 25, 2021. And as set forth herein. SO ORDERED., ( Responses due by 6/18/2021, Replies due by 6/25/2021.) (Signed by Judge Kimba M. Wood on 6/07/2021) (ama)
May 4, 2021 Opinion or Order Filing 370 ORDER: The Court has received the parties' April 30, 2021 status report. (ECF No. 369.) The Court has considered the parties' respective positions and hereby ORDERS that: On or before June 4, 2021, the parties shall provide a fur ther status update, including with respect to potential settlement. The Court does not accept Plaintiff's categorical statement that she "cannot proceed to discuss settlement" while simultaneously investigating Plaintiffs pre sent medical condition. (Report at 2.) If Plaintiff intends to seek leave to reopen discovery, Plaintiff must do so, by letter motion, by June 4, 2021. Defendant may respond to any such letter motion by June 18, 2021. Plaintiff may submit a reply by June 25, 2021. A trial date will not be set at this time. So Ordered. (Motions due by 6/4/2021., Responses due by 6/18/2021, Replies due by 6/25/2021.) (Signed by Judge Kimba M. Wood on 5/4/2021) (js)
April 5, 2021 Opinion or Order Filing 367 ORDER: The Court has received the parties' joint letter regarding (1) how soon the case can be retried, and (2) possible settlement. (ECF No. 366.) The parties are ordered to provide the Court with a further status update, in writing, no later than April 30, 2021. A trial date will not be set at this time. (Signed by Judge Kimba M. Wood on 4/5/2021) (cf)
March 21, 2021 Opinion or Order Filing 365 ORDER: The Court hereby orders the parties to meet and confer regarding (1) how soon the case can be retried, and (2) possible settlement. The parties are ordered to inform the Court no later than April 2, 2021, how soon the case can be retried, and the result of their discussions regarding possible settlement. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/21/2021) (va)
November 7, 2018 Opinion or Order Filing 311 OPINION AND ORDER re: 307 LETTER MOTION for Leave to File Amended Answer to Plaintiff's Third Amended Complaint addressed to Judge Kimba M. Wood from Joshua J. Lax dated November 2, 2018 filed by Thomas McManus, Marsha Rumble, Felix Schmidt, City of New York. Defendants' motion for leave to amend its answer to the Third Amended Complaint is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 307. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/6/2018) (ne)
October 1, 2018 Opinion or Order Filing 288 OPINION AND ORDER re: 246 MOTION in Limine filed by Mary M. Tardif, 244 AMENDED MOTION to Preclude Testimony of Dr. Steven Fayer filed by Mary M. Tardif, 227 MOTION to Preclude the Expert Testimony and Expert R eport of Robert Goldman, PsyD under Daubert filed by Thomas McManus, Marsha Rumble, Felix Schmidt, City of New York, 230 MOTION in Limine filed by Thomas McManus, Marsha Rumble, Felix Schmidt, City of New York, 219 FIR ST LETTER MOTION to Seal Document Motion in Limine Papers Containing Confidential Materials Covered by the 1983 Plan Protective Order addressed to Judge Kimba M. Wood from Stefan H. Krieger dated 01/09/2018 filed by Mary M. Tardif. Tardif s state law respondeat superior claims based on the March 21, 2012, conduct of John Does #8 and #9, and the April 16, 2012, conduct of Officer Aminova and Lieutenant Destefano survive for trial. Defendants' motion to preclude the testimony and expert report of Dr. Goldman (ECF No. 227) is DENIED in part and GRANTED in part. Specifically, Dr. Goldman may testify to his diagnosis of Tardif as having PTSD, but not to the cause of the exacerbation of her PSD. Tardif's motion to preclud e the testimony of Dr. Fayer (ECF No. 224) is DENIED. Tardif's motion in limine #3 (ECF No. 246) is GRANTED. Tardif's motions in limine #1, 2, 4, 5, 6, 7, 8, and 9 (id.) are DENIED. Defendants' motions in limine #2 and #14 (ECF No. 230 ) are GRANTED. Defendants' motions in limine # 1, 3, 4, 5, 6, 7, 8, 8, 10, 11, 12, 13, and 14 (id.) are DENIED. Tardif's motion to seal her medical records (ECF No. 219) is GRANTED, subject to future rulings under Fed. R. Evid. 403. The Cl erk of Court is hereby directed to terminate the motions at ECF Nos. 219 (Tardif's motion to seal), 227 (Defendants' Daubert motion to preclude Dr. Fayer), 230 (Defendants' motions in limine), 244 (Tardif's Daubert motion to preclude Dr. Goldman), and 246 (Tardif's motions in limine). SO ORDERED. (Signed by Judge Kimba M. Wood on 10/1/2018) (ne)
August 23, 2017 Opinion or Order Filing 202 OPINION AND ORDER re: 192 MOTION for Reconsideration re; 187 Memorandum & Opinion, MOTION for Reargument, filed by Thomas McManus, Marsha Rumble, Felix Schmidt, 190 FIRST MOTION for Reconsideration re; 187 Memorandum & Opi nion, Adopting in Part Magistrate Judge's Report and Recommendation, filed by Mary M. Tardif. Plaintiff's motion for reconsideration is GRANTED in part and DENIED in part. Defendants' motion is also GRANTED in part and DENIED in part. The parties are directed to appear for a pretrial conference on November 1, 2017 at 11:00 a.m. This Opinion and Order resolves docket entries 190 and 192. (Pretrial Conference set for 11/1/2017 at 11:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 8/23/2017) (ras)
March 22, 2017 Opinion or Order Filing 187 OPINION AND ORDER adopting in part 178 Report and Recommendation, re: 164 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56 filed by Thomas McManus, Edward Winski, Rumble, Daniel Mulligan, City of New York, Jo hn O'Connell, James McNamara, Alena Aminova, Kendal Creer, Marsha Rumble, Felix Schmidt. I have reviewed de novo Magistrate Judge Fox's thorough and fairly-reasoned Report and Recommendation ("R&R") that the Defen dants' Motion for Summary Judgment be granted in part and denied in part. I adopt the R&R in part, as indicated herein. The Court grants Defendants' motion for summary judgment on all claims except Plaintiff's deliberate ind ifference to her medical condition claim, Plaintiff's unconstitutional conditions of confinement claim, Plaintiff's excessive force claim against Sergeant McManus, and Plaintiff's assault and battery claim against Sergeant McManus. This Opinion and Order resolves Docket Entry No. 164. (As further set forth in this Opinion and Order.) (Signed by Judge Kimba M. Wood on 3/21/2017) (mro)
May 3, 2016 Opinion or Order Filing 150 OPINION AND ORDER: For the foregoing reasons, Plaintiff's objections are overruled and Judge Maas's Memorandum Decision and Order is AFFIRMED. (As further set forth in this Opinion) (Signed by Judge Kimba M. Wood on 5/3/2016) (kl)
July 2, 2014 Opinion or Order Filing 43 OPINION & ORDER re: 20 FIRST MOTION to Strike Portions of Defendants' Answer to Plaintiff's First Amended Complaint filed by Mary M. Tardif. For the reasons set forth above, Plaintiff's motion to strike Defendants' third, fourth, fifth, sixth, eighth, ninth, eleventh, twelfth, and thirteenth affirmative defenses is DENIED. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/2/2014) (ajs)
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Plaintiff: Mary M. Tardif
Represented By: Stefan Hillel Krieger
Represented By: Gideon Orion Oliver
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Defendant: City of New York
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Defendant: New York City Police Department
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Defendant: John O'Connell
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Defendant: Edward Winski
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Defendant: James McNamara
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Defendant: Alena Aminova
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Defendant: Kendal Creer
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Defendant: Rumble
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Defendant: John Doe
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