Price v. Simmons et al
| Kelly Price |
| Linda Simmons, Maria Strohbehn, Kenya Wells, Audrey Moore, Larry Newman, Laura Higgins Nee Richendorger, Christina Maloney, Cyrus Vance, Jr., Obe, Rose Pierre-Louis, Patricia Bailey and Susan Roque |
| 1:2015cv05871 |
| July 24, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Unassigned |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
222
ORDER: At the conference, Plaintiff indicated that she would report to the Court as to (i) any findings from her review of the file produced by her previous counsel at Cravath, Swaine & Moore that might alter the Court's conclusion as to the DA NY Defendants, as well as (ii) her intent to pursue a "deliberate indifference" theory as to the DANY Defendants. The Court hereby ORDERS Plaintiff to file a letter on or before July 1, 2024, updating the Court on these matters, as appropriate, and proposing next steps in this action. (Signed by Judge Katherine Polk Failla on 6/10/2024) (rro)
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Filing
213
ORDER: Upon the February 23, 2024, letter motion of DAVID BRODERICK, ESQ. of DAVID J BRODERICK LLC, for an Order compelling CRAVATH, SWAINE & MOORE (Dkt. #211), the former counsel of plaintiff Kelly Price, who were relieved as counsel in this ac tion on March 23, 2020 (Dkt. # 173), it is hereby ORDERED that CRAVATH, SWAINE & MOORE turn over the entire legal file regarding its representation of plaintiff KELLY PRICE including all papers, notes, electronically stored information, emails, le tters, briefs,.doc,.docs,.wpd files, faxes, texts, messages, internal emails, communications, expert letters, affidavits, affirmations, etc. created and/or received during their representation of plaintiff KELLY PRICE on or before March 29, 2024. (Signed by Judge Katherine Polk Failla on 2/29/2024) (rro)
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Filing
210
ORDER: terminating 208 Letter Motion to Adjourn Conference. The Court will allow Mr. Broderick to appear by telephone. The dial-in information is as follows: At 3:30 p.m., Mr. Broderick shall call (888) 363-4749 and enter access code: 5123533. Ple ase note, the conference will not be available prior to 3:30 p.m. The Court expects all other parties to appear in-person in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The Clerk of Court is directed to terminate the pending motion at docket entry 208. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/15/2024) (ama)
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Filing
196
ORDER: Accordingly, the Court orders the DANY Defendants to take the following actions on or before January 10, 2022. First, the DANY Defendants shall perform a keyword search of former-Assistant District Attorney Kenya Wells's emails for messa ges related to Plaintiff's cellphones. The search shall be limited to emails that Mr. Wells sent or received between May and July 2011, and shall use at least the following keywords: (i) the case number associated with Plaintiff's 2011 prof fer; (ii) Kelly Price; and (iii) Raheem Powell. The DANY Defendants shall submit a letter summarizing the findings of the keyword search and provide copies of any responsive emails. Second, the DANY Defendants shall address in the letter described ab ove the significance of the forensic analyses of Plaintiff's phones and state whether the DANY Defendants agree or disagree with Plaintiff's characterization of the analyses. Third, the DANY Defendants shall provide a copy of the applicatio n that Mr. Wells drafted, but did not submit, for a warrant authorizing the search of Plaintiff's phones. The DANY Defendants shall endeavor to file the materials described above on the public docket. To the extent that certain materials, such a s Mr. Wells's emails or the draft search warrant application, implicate the attorney-client privilege or contain other sensitive information, the DANY Defendants may email such materials in camera to the Court's chambers email address, F ailla_NYSDChambers@nysd.uscourts.gov, and may redact quotations or specific references to the materials from their publicly-filed submissions. Defendant New York City shall transmit a copy of this Order to counsel for the DANY Defendants. The Court will provide a copy of this Order via email to Plaintiff. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/3/2021) (rro)
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Filing
192
ORDER: Late last year, Plaintiff Kelly Price provided documentation indicating that numerous files had been deleted from two cell phones that she had turned over nearly nine years earlier to members of the Manhattan District Attorney's Office while the cell phones were in that Office's possession. (Dkt. #183). Having carefully considered both Ms. Price's submission (Dkt. #183), and the information provided by Ms. Price at the November 5, 2020 conference (Dkt. #181), the Cour t believes it is appropriate to hear from one or more representatives of the previously-dismissed members of the District Attorney's Office (the "DANY Defendants"). Accordingly, it is hereby ORDERED that counsel for the DANY Defenda nts and parties appear for a conference on September 17, 2021, at 10:00 a.m. The conference will proceed by videoconference, and instructions for accessing the conference will be provided to the parties separately. Currently, the Court does not co ntemplate needing to hear from the City Defendants or Ms. Price at the conference, although it may direct questions to either or both based upon the DANY Defendants' presentation. Counsel for the DANY Defendants should be prepared to address the following issues: and further set forth in this Order. (Status Conference set for 9/17/2021 at 10:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 8/31/2021) (rro)
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Filing
187
ORDER granting 185 Letter Motion for Discovery. Application GRANTED. The Court will issue the requested subpoena and rider under separate cover. The Clerk of Court is directed to terminate the motion at docket number 185. (Signed by Judge Katherine Polk Failla on 1/4/2021) (rro)
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Filing
179
ORDER: The Fifth Amended Complaint remains the operative pleading in this matter and discovery has proceeded as to the claims therein. During the November 5, 2020 conference, Ms. Price indicated to the Court that, in her view, discovery is not c omplete. Accordingly, Ms. Price is hereby ORDERED to submit to the Court, on or before December 30, 2020, a letter outlining the remaining discovery issues. She may also discuss in that letter the status of any negotiations she may have had with D efendants (including in particular the MTA Defendants) regarding settlement of some or all of her claims. Defendants shall file a response to Plaintiff's letter on or before January 11, 2021. Defendants shall also transmit a copy of this Order to counsel for the DANY Defendants on or before December 4, 2020. (Signed by Judge Katherine Polk Failla on 11/30/2020) (rro)
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Filing
178
ORDER: On March 25, 2020, in light of the COVID-19 Pandemic and restrictions on access to the Courthouse, the Court adjourned a settlement conference in this matter sine die. (Dkt. #175). The Court has determined that a status conference is now nece ssary to determine the way ahead in this matter. Accordingly, the parties are hereby ORDERED to appear for a telephonic conference on November 5, 2020, at 2:00 p.m. The dial-in instructions are as follows: At 2:00 p.m. the parties will dial (888) 363 -4749 and enter access code 5123533. Please note the conference will not be available prior to 2:00 p.m. The Clerk of Court is directed to mail a copy of this Order to Plaintiff's address of record. SO ORDERED. (Telephone Conference set for 11/5/2020 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/7/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
177
ORDER: On March 20, 2020, the Court scheduled a settlement conference in this matter for April 3, 2020. (Dkt. #172). Then, on March 25, 2020, in light of the COVID-19 Pandemic and restrictions on access to the Courthouse, the Court adjourned the set tlement conference sine die. (Dkt. #175). On July 3, 2020, the Court received an email from Plaintiff, which the Court had docketed at Dkt. #176, requesting that the settlement conference is restored to the Court's calendar soon. Plaintiff also inquires as to what she should prepare for the settlement conference. (See Dkt. #176). The Court understands Plaintiff's desire to hold the settlement conference. However, the Court also understands that defense counsel has not had access to their office for some time during the Pandemic and that an in-person settlement conference is not feasible at this time. Accordingly, the Court will further refrain from scheduling the settlement conference until all parties can appear in person for the conference. Plaintiff is, however, free to present new discovery to defense counsel and the parties are, of course, free to discuss settlement without the Court's assistance in the meantime. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/7/2020) Copies Mailed By Chambers. (rro)
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Filing
175
ORDER: In light of the current restrictions on courthouse traffic, see In re Coronavirus/COVID-19 Pandemic, 20 Misc. 155 (S.D.N.Y. Mar. 16, 2020), and the ongoing pandemic, the settlement conference previously scheduled for April 3, 2020, at 1:00 p.m. is ADJOURNED sine die. The Court will reschedule the settlement conference once normal operations at the Thurgood Marshall Courthouse have resumed. (Signed by Judge Katherine Polk Failla on 3/25/2020) Copies Mailed By Chambers. (mro)
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Filing
173
ORDER: On March 16, 2020, the Court received a letter from Ms. Price indicating that she wished to terminate Cravath, Swaine & Moore LLP ("Cravath") from representing her in this action. (Dkt. #171). Accordingly, Ms. Price's attorney s from Cravath are hereby terminated and Ms. Price will proceed pro se in this action. The Clerk of Court is directed to terminate Ms. Price's counsel on the docket. (Attorney Damaris Hernandez; Amanda Bakowski and Kelsie Ann Docherty terminated.) (Signed by Judge Katherine Polk Failla on 3/23/2020) Copies Emailed By Chambers. (rro)
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Filing
172
ORDER: On November 14, 2019, the Court scheduled a pretrial conference in this case to occur on March 26, 2020. (Dkt. #139). Then, on February 28, 2020, the parties wrote to the Court jointly requesting a settlement conference before the undersigne d. (Dkt. #168). The Court scheduled a settlement conference for April 3, 2020. (Dkt. #169). Accordingly, the pretrial conference scheduled for March 26, 2020, is hereby ADJOURNED sine die. The Court will address all matters the parties wish to raise at the settlement conference on April 3, 2020, at 1:00 p.m. (Signed by Judge Katherine Polk Failla on 3/19/2020) (rro)
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Filing
165
STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its personnel. The Court will reta in jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. (Signed by Judge Katherine Polk Failla on 2/20/2020) (rro)
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Filing
144
ORDER: On November 18, 2019, the Court issued an order granting Plaintiff's motion to substitute the names Stephen Mears and Alison Schmitt for the John Doe and Jane Doe Defendants and deeming the Fifth Amended Complaint the operative complaint in this case. (Dkt. #143). In granting the motion the Court indicated that the MTA did not oppose the substitution of names for the John and Jane Doe Defendants. (See id.). However, it has been brought to the Court's attention that this was in error. It had been represented to the Court by Plaintiff's counsel that it was the City Defendants the City of New York and its employees that did not oppose the motion. The MTA itself is not a defendant in this lawsuit. The Court writes merely to correct its prior order. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/20/2019) (kv)
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Filing
143
ORDER granting 140 Motion to Substitute Party. The MTA does not oppose the substitution of names for the John and Jane Doe Defendants. (Dkt. #142). Accordingly, the Court grants Plaintiff's motion to substitute the names Stephen Mears an d Alison Schmitt for the John Doe and Jane Doe Defendants, respectively, and deeming the Fifth Amended Complaint (Dkt. #140-1), the operative complaint in this case. The Clerk of Court is respectively ORDERED to amend the case caption in accordance with the Fifth Amended Complaint. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/18/2019) (ks)
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Filing
114
OPINION AND ORDER re: 107 MOTION to Dismiss filed by The City of New York, Sergeant Shevitz, Selevena Brooks, Olufunmillo F. Obe, Linda Simmons, Rose Pierre-Louis, Raymond DeJesus. For the reasons stated above, the C ourt: (i) DENIES the motion to dismiss the § 1983 malicious prosecution claim against the City of New York and Simmons; (ii) GRANTS the motion to dismiss the § 1983 First Amendment claims against Brooks, Obe, and Pierre-Louis in thei r individual capacities on the basis of qualified immunity, and the claims against the City of New York-along with Brooks, Obe, and Pierre-Louis in their official capacities-for failure to state a claim; (iii) GRANTS the City Defendants' mo tion to dismiss the substantive due process claims against them, for failure to state a claim; and (iv) GRANTS the City's motion to dismiss the Monell claim related to the false arrest and malicious prosecution by MTA officers. The following § 1983 claims remain: (i) malicious prosecution, against Simmons in her individual and official capacities, and the City of New York; (ii) false arrest, against Corrado, Cruz, and Staines in their individual capacities; (iii) false arrest, exc essive force, and malicious prosecution, against MTA Officer John Doe and MTA Officer Jane Doe in their individual capacities. The parties are ordered to meet and confer and propose a discovery schedule to the Court, using the Courts case management plan, on or before July 20, 2018. The Clerk of Court is directed to terminate the motion at docket entry 107. (Signed by Judge Katherine Polk Failla on 6/25/2018) Copies Mailed By Chambers. (mro)
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Filing
71
OPINION AND ORDER. For the foregoing reasons, Plaintiff's motion for reconsideration is DENIED. The Clerk of Court is directed to terminate the motion pending at Docket Entry 70. The Court certifies under 28 U.S.C. § 1915(a)(3) that any app eal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. re: 70 MOTION for Reconsideration re; 65 Memorandum & Opinion filed by Kelly Price. (Signed by Judge Katherine Polk Failla on 6/1/2017) Copies Mailed By Chambers. (rjm)
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Filing
65
OPINION AND ORDER re: 47 MOTION for Reconsideration re; 45 Order, Add and Terminate Parties filed by Kelly Price, 46 FIRST LETTER MOTION for Conference for a proposed motion addressed to Judge Katherine Polk Failla from El issa B. Jacobs dated 1/26/2017 filed by The City of New York, Selevena Brooks, Olufunmillo F. Obe. For the foregoing reasons, Plaintiff's motion for reconsideration is GRANTED IN PART and DENIED IN PART. Plaintiff's motion for leave to amend her Complaint is GRANTED IN PART and DENIED IN PART. If Plaintiff still wishes to file an amended pleading, she must do so on or before May 26, 2017. Plaintiff's amended complaint must adhere to the guidelines of this and th e Court's prior orders. Specifically, Plaintiff is not to reassert claims the dismissal of which this Opinion and Order does not disturb. Plaintiff's adversaries have advised Plaintiff, in their April 14 opposition, January 26 pre-mo tion letter, and at the March 15 conference, of various deficiencies that they have identified in Plaintiff's pleading. Plaintiff should address these issues in her amended pleading. The Court understands that the City Defendants intend to f ile a motion to dismiss. Their response, be it answer or motion to dismiss, must be filed on or before June 26, 2017. If the response is a motion to dismiss, the City Defendants should include copies of any case cited in their papers, be it r eported or unreported, in their mailing to Plaintiff. And if it is a motion to dismiss, Plaintiff's opposition will be due on or before August 11, 2017. The City Defendants' reply papers will be due on or before August 31, 2017; he re, again, the City Defendants should include copies of any case cited in their papers. The Court has built in extra time into this schedule to account for delays in mailing and potential vacations. Accordingly, absent compelling circumstances, th e Court will not extend these dates. The Clerk of Court is directed to terminate the motions pending at Docket Entries 46 and 47. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith , and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v.United States, 369 U.S. 438, 444-45 (1962). (As further set forth in this Opinion and Order.) (Signed by Judge Katherine Polk Failla on 4/21/2017) Copies Mailed By Chambers. (mro)
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