Marom et al v. The City of New York et al
| Yotam Marom, Miriam Rocek and Don Fitzgerald |
| The City of New York, New York City Police Department, Joseph Esposito, Edward Winski, Frank Viviano, Fior Blanco, Oleg Charnyavsky, Michael Galgano, Cynthia Boyle, John Doe #1-15 and Jane Does 1-15 |
| 1:2015cv02017 |
| March 17, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| P. Kevin Castel |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
208
ORDER OF DISMISSAL: The Court having been advised 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 prejudice to the rig ht to reopen the action within forty-five days of the date of this Order if the settlement is not consummated, as further set forth in this order. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. (Signed by Judge P. Kevin Castel on 3/11/2020) (jwh)
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Filing
206
ORDER: The above-captioned matter is scheduled for trial on March 30, 2020 at 10:00 A.M. (Jury Trial set for 3/30/2020 at 10:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/4/2020) (jwh)
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Filing
187
ORDER: granting 186 Letter Motion to Adjourn Conference. The Final Pretrial Conference will be held on March 18, 2020 at 2:30 p.m. SO ORDERED. Final Pretrial Conference set for 3/18/2020 at 02:30 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 1/10/2020) (ama)
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Filing
185
ORDER granting 182 Letter Motion for Extension of Time to File: The pre-trial deadlines set forth in Doc. 175 are hereby adjusted as follows: Plaintiff Miriam Rocek shall file her proposed voir dire, proposed jury instructions, proposed verdict she et and any in limine motions by January 24, 2020; Also by January 24, 2020, plaintiff shall deliver her portion of the proposed Joint Pre-Trial Order to defendants; Defendants shall file their proposed voir dire, proposed jury instructions, propose d verdict sheet and any in limine motions, together with their response to plaintiff's in limine motions, by February 7, 2020; Plaintiff shall respond to defendants' in limine motions by February 21, 2020; The parties shall file the proposed Joint Pre-Trial Order by February 21, 2020; and The Final Pre-Trial Conference will be held on March 20, 2020 at 3 p.m. (Signed by Judge P. Kevin Castel on 1/9/2020) (jwh)
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Filing
183
ORDER with respect to 182 Letter Motion for Extension of Time to File: Mr. Oliver should submit a proposed order extending his date to make his January 17 submissions to January 24 and adjusting the date for all other submissions by 7 days and calculating the actual due date with all final pretrial submissions due no later than February 21. (Signed by Judge P. Kevin Castel on 1/8/2020) (jwh)
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Filing
178
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Thursday, January 2, 2020, at 2:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with t he Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Tuesday, December 31, 2019. Should the parties resol ve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 1/2/2020 at 02:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 11/25/2019) (ras)
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Filing
175
AMENDED ORDER re: 174 Order on Motion for Reconsideration re: 166 MOTION for Reconsideration: Plaintiff Yotam Marom's motion (Doc 166) to reconsider this Court's grant of summary judgment on his fair trial claim is DENIED. Plaint iff Miriam Rocek shall file her proposed voir dire, proposed jury instructions, proposed verdict sheet and any in limine motions by January 17, 2020. Also by January 17, plaintiff shall deliver her portion of the proposed Joint Pre-Trial Order to def endants. Defendants shall file their proposed voir dire, proposed jury instructions, proposed verdict sheet and any in limine motions by January 31, together with their response to plaintiff's in limine motions. Plaintiff shall respond to defen dants in limine motions by February 14, 2020. The parties shall file the proposed Joint Pre-Trial Order by February 14, 2020. The Final Pre-Trial Conference will be held on March 20, 2020 at 3 p.m. The case is set as first back-up trial to United States v. Niket Jain, 19 cr 59(PKC) on March 30, 2020 at 10 a.m. (Signed by Judge P. Kevin Castel on 11/14/2019) (jwh)
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Filing
174
ORDER denying 166 Motion for Reconsideration: Plaintiff Yotam Marom's motion (Doc 166) to reconsider this Court's grant of summary judgment on his fair trial claim is DENIED. Plaintiff Miriam Rocek shall file her proposed voir dire, prop osed jury instructions, proposed verdict sheet and any in limine motions by January 17, 2020. Also by January 17, plaintiff shall deliver her portion of the proposed Joint Pre-Trial Order to defendants. Defendants shall file their proposed voir dire, proposed jury instructions, proposed verdict sheet and any in limine motions by January 31, together with their response to plaintiff's in limine motions. Plaintiff shall respond to defendants in limine motions by February 14, 2020. The parties shall file the proposed Joint Pre-Trial Order by February 14, 2020. The Final Pre-Trial Conference will be held on March 20, 2020 at 3 p.m. The case is set as first back-up trial to United States v. Niket Jain, 19 cr 59(PKC). (Signed by Judge P. Kevin Castel on 11/13/2019) (jwh)
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Filing
164
OPINION AND ORDER. For the aforementioned reasons, defendants' motion for summary judgment (Doc. 139) is GRANTED with respect to all of Marom's claims and DENIED with respect to all of Rocek's claims. The Clerk is directed to terminate the motion. SO ORDERED. re: 139 MOTION for Summary Judgment filed by Daniel Albano, Cynthia Boyle, Michael Galgano, Kenneth O'Donnell, Fior Blanco. Yotam Marom terminated. (Signed by Judge P. Kevin Castel on 7/25/2019) (rjm)
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Filing
109
MEMORANDUM AND ORDER. For the reasons in this Memorandum and Order, the motion to set aside or modify the Magistrate Judge's Order of November 30, 2016 is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/21/2017) (rjm)
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Filing
48
MEMORANDUM AND ORDER granting in part and denying in part 24 Motion to Dismiss: Defendants' motion to dismiss is granted in part and denied in part. Specifically, all claims are dismissed except for: (1) Yotam Marom's false arrest and First Amendment retaliation claims against defendants Galgano, Blanco, and Charnyavsky and the unidentified defendants who physically arrested him, as well as his related failure to intervene claims against defendants Boyle and Valentine; (2) Miriam Rocek's false arrest and First Amendment retaliation claims against defendants Boyle, Blanco, and Charnyavsky, and the unidentified defendants who physically arrested her, as well as her related failure to intervene claims against defe ndants Galgano and Valentine; and, (3) Don Fitzgerald's claim for excessive use of force against the unidentified defendants who hit him. All claims against the City of New York, Winski, Viviano, and Esposito are dismissed and they are no longer parties to this action. (Signed by Judge P. Kevin Castel on 3/7/2016) (tn)
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