Case et al v. The City Of New York , et al
| Benjamin Case, Elizabeth Catlin, Jennifer Klein and Mark Kushneir |
| The City Of New York, Joseph Esposito, Brian McCarthy, David Groht, Lawrence Papola, Benjamin Almonte, Danield Conforti, First Name Unknown ("FNU") Downes, Dmitry Tverdokhleb and Michael Maldonado |
| 1:2014cv09148 |
| November 17, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Analisa Torres |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
242
ORDER OF DISMISSAL The Court having been advised at ECF No. 241 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without pre judice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed therea fter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "s o ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/20/2024) (jca)
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Filing
239
ORDER: It is hereby ORDERED that the City of New York and any of its agencies or representatives, including the New York City Department of Health and Mental Hygiene, and the State of New York, and any of its agencies or representatives, includin g the Department of Health and Vital Records, produce the original death certificate of Defendant JOSEPH ESPOSITO to any attorney or authorized representative of Gideon Orion Oliver or Cohen Green P.L.L.C. Defendant Joseph Esposito's death cert ificate and any related personal information will be deemed confidential pursuant to the protective order in effect in this action. Due to the upcoming trial date, the Court requests production of this document as soon as possible. (Signed by Judge Jennifer L. Rochon on 3/19/2024) (va)
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Filing
223
ORDER granting 220 Letter Motion for Extension of Time to File. The request is GRANTED. Plaintiff must move for reconsideration and/or reargument by January 29, 2024. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/26/23) (yv)
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Filing
218
ORDER The Court held a conference with counsel for the parties on December 13, 2023. As stated at the conference, at the request of Defendants and with the consent of Plaintiff, the trial scheduled to begin on January 3, 2024 is hereby ADJOURNED t o May 6, 2024 at 9:00 a.m. At trial, as agreed upon by the parties, each party shall have eighteen hours to present their case. This time does not include jury selection or jury deliberations. The parties are ordered to submit the two joint letter s described at today's conference by December 22, 2023 (regarding further settlement discussions) and March 4, 2024 (regarding various follow up trial items). Counsel for all parties shall appear for a final pretrial conference on April 30, 20 24 at 4:00 p.m., in Courtroom 20D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. SO ORDERED. (Final Pretrial Conference set for 4/30/2024 at 04:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon., Jury Trial set for 5/6/2024 at 09:00 AM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 12/14/2023) (jca)
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Filing
209
ORDER Due to the Courts trial calendar, it is hereby ORDERED that the jury trial scheduled to begin October 2, 2023 is hereby adjourned to January 3, 2024. It is further ORDERED that the final pretrial conference is adjourned to December 13, 2023 at 11 a.m. SO ORDERED. ( Ready for Trial by 1/3/2024., Final Pretrial Conference set for 12/13/2023 at 11:00 AM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 8/25/2023) (jca)
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Filing
208
ORDER The parties' confidential settlement letters, which the Court has received and reviewed, show that their counsel conducted a substantive settlement discussion in early June, at which plaintiff conveyed a revised settlement demand (improve d from plaintiff's past position). However, defendants have not conveyed any revised settlement offer. Instead, they represent to the Court that they are "open" to "attempting to reach a mutually agreeable resolution" at the in-court conference. This does not satisfy the 5/5/23 Order. No later than July 17, 2023, defendants must submit an updated confidential settlement letter, by email to Moses_NYSDChambers@nysd.uscourts.gov, which confirms that defendants have conveyed a "fresh" good-faith settlement offer to plaintiff and sets forth the terms of that offer. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/12/2023) (jca)
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Filing
206
ORDER terminating 204 Letter Motion to Adjourn Conference; granting 205 Letter Motion to Adjourn Conference. The settlement conference scheduled for June 13, 2023 is hereby ADJOURNED to July 18, 2023 at 2:15 p.m. The parties shall submi t their confidential settlement letters no later than July 11, 2023. SO ORDERED. Settlement Conference set for 7/18/2023 at 02:15 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 6/12/2023) (rro)
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Filing
185
ORDER: granting 183 Letter Motion for Extension of Time to File. Request GRANTED. Notwithstanding the Court's prior orders warning against any further extensions, the Court finds good cause to grant this final one-week extension. Pretrial fili ngs and motions in limine are due no later than April 27, 2023. Oppositions to motions in limine are due no later than May 5, 2023. The Court will separately issue an Amended Order of Reference for purposes of a settlement conference. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/19/2023) (ama)
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Filing
173
ORDER granting 172 Letter Motion to Adjourn Conference. Request GRANTED. The status conference scheduled for November 17, 2022 is hereby adjourned to November 18, 2022 at 11 a.m. The conference will be held by video on Microsoft Teams. The parti es shall file a joint letter, pursuant to the Court's Individual Rule 2.B., in advance of the remote conference. SO ORDERED. Status Conference set for 11/18/2022 at 11:00 AM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 11/2/2022) (jca)
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Filing
171
ORDER The Court has reviewed the parties joint letter, dated October 11, 2022. ECF No. 170. IT IS HEREBY ORDERED that counsel for all parties shall appear for a status conference on November 17, 2022 at 11 a.m. to discuss the status of the case, pretrial deadlines, and settlement. SO ORDERED. (Status Conference set for 11/17/2022 at 11:00 AM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 10/12/2022) (jca)
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Filing
169
ORDER granting 168 Letter Motion for Extension of Time to File. Application GRANTED. The deadline for the parties to file the joint letter is extended to October 11, 2022. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/28/2022) (vfr)
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Filing
167
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. (Signed by Judge Jennifer L. Rochon on 9/19/2022) (ate)
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Filing
166
ORDER: Trial has been scheduled in this matter to begin on October 2, 2023. ECF No. 165. Because of the substantial backlog of trial-ready cases due to the COVID-19 pandemic, this date is only tentative, and the trial may be delayed further. Th e parties are reminded that they may consent to proceed before the Honorable Barbara C. Moses, who would then oversee the trial and resolve any pending matters before the Court. If the parties consent to Judge Moses's jurisdiction, by August 4, 2022, they shall file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 on the docket. (Signed by Judge Analisa Torres on 7/28/2022) (ate) Modified on 7/28/2022 (ate). Modified on 7/28/2022 (ate).
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Filing
165
ORDER: Trial in this matter is scheduled to begin on October 2, 2023, at 9:00 a.m., and shall proceed in-person, in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. Accordingly, Motions due by 8/7/2023., Pre trial Order due by 8/7/2023., Responses due by 8/14/2023, Final Pretrial Conference set for 9/25/2023 at 01:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres., Jury Trial set for 10/2/2023 at 09:00 AM in Cou rtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. Prior to the final pre-trial conference, counsel for both parties, along with the parties themselves, shall meet in person for at least one hour to discuss settlement of this matter. In addition, by March 1, 2023, the parties shall advise if they wish to be referred to a magistrate judge for settlement purposes. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 7/08/2022) (ama)
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Filing
160
ORDER re: 158 Letter filed by Mark Kushneir, 157 Letter filed by The City Of New York. Based on the blackout dates provided by the parties, and the Court's availability, it is not practicable to schedule a jury trial for this matter in the first calendar quarter of 2022. Accordingly, by February 1, 2022, the parties are directed to confer and file a joint letter providing their blackout dates for trial for the second and third quarters of 2022. SO ORDERED. (Signed by Judge Analisa Torres on 11/23/2021) (kv)
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Filing
154
ORDER granting 151 Letter Motion to Adjourn Conference. Accordingly, the trial scheduled to commence on December 7, 2020, is ADJOURNED to July 6, 2021. It is further ORDERED that the deadlines set forth at ECF No. 150 are amended as follows: In accordance with Paragraph V.B of the Court's Individual Practices in Civil Cases, the parties shall submit a proposed joint pre-trial order to the Court by PDF attachment to an e-mail by May 21, 2021. (as further set forth herein). Counsel for all parties shall appear for a final pre-trial conference on June 30, 2021, at 1:00 p.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, NY 10007. Trial shall commence at 9:00 a.m. on July 6, 2021. In accordance with Pa ragraph V.H of the Courts Individual Practices, trial will be conducted from 9:00 a.m. to 2:15 p.m. with a break from 11:15 to 11:45 a.m. During the jury selection and jury deliberation phases, court will be in session from 9:00 a.m. to 5:00 p.m. wit h a break from 1:00 to 2:00 p.m. Prior to the final pre-trial conference, counsel for both parties, along with the parties themselves, shall meet in person for at least one hour to discuss settlement of this matter. The Clerk of the Court is directed to terminate the motion at ECF No. 151. SO ORDERED. (Signed by Judge Analisa Torres on 10/2/2020) (kv)
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Filing
152
ORDER with respect to 151 Motion to Adjourn Conference. It is ORDERED that by September 30, 2020, the parties shall submit a further joint letter stating each party's position on this action being tried to the Court rather than to a jury. SO ORDERED. (Signed by Judge Analisa Torres on 9/17/2020) (kv)
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Filing
150
ORDER granting 149 Letter Motion to Adjourn Conference; granting 149 Letter Motion for Extension of Time to File. Accordingly, the trial scheduled to commence on May 18, 2020, is ADJOURNED to December 7, 2020. In accordance with Paragraph V.B of the Court's Individual Practices in Civil Cases, the parties shall submit a proposed joint pre-trial order to the Court by PDF attachment to an e-mail by October 23, 2020. In accordance with Paragraph V.F of the Court's Individual Pra ctices, by October 30, 2020, the parties shall file, if necessary, any objections to another party's requests to charge or proposed voir dire questions, any opposition to any motion in limine, and any opposition to any legal argument in a pre- trial memorandum. Counsel for all parties shall appear for a final pre-trial conference on December 1, 2020, at 1:00 p.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, NY 10007. Trial shall commence at 9:00 a.m. on December 7, 2020. The Clerk of Court is directed to terminate the motion at ECF No. 149. (As further set forth in this Order.) (Final Pretrial Conference set for 12/1/2020 at 01:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres., Jury Trial set for 12/7/2020 at 09:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 4/17/2020) (cf)
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Filing
147
OPINION AND ORDER re: 122 MOTION for Summary Judgment . filed by David Groht, Lawrence Papola, Benjamin Almonte, The City Of New York,, Dmitry Tverdokhleb, Michael Maldonado, Joseph Esposito. For the reasons stated above: Def endants' motion for summary judgment on Kushneir's Fourth Amendment false arrest claim against Esposito, Maldonado, and the City is DENIED. Defendants' motion for summary judgment on Kushneir's Sixth Amendment fair trial claim ag ainst Esposito and Maldonado is DENIED. Defendants' motion for summary judgment on Case and Klein's Sixth Amendment fair trial claims against Papola, Almonte, Groht, Tverdokhleb, and the City is GRANTED. Defendants' motion for summar y judgment on Plaintiffs' First Amendment time, place, and manner claims against all Defendants is GRANTED. Defendants' motion for summary judgment on Kushneir's Sixth Amendment fair trial claim against the City is GRANTED. Trial will commence on May 18, 2020, at 9:00 a.m. The Clerk of Court is directed to terminate the motion at ECF No. 122. SO ORDERED. (Jury Trial set for 5/18/2020 at 09:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 9/30/2019) (kv)
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