Nicholas v. Bratton et al
| Jason B. Nicholas |
| William Bratton, Stephen Davis, New York City Police Department, Michael Debonis and City of New York |
| 1:2015cv09592 |
| December 8, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Unassigned |
| 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
274
ORDER: A settlement conference is scheduled for March 15, 2021, at 10:00 a.m., to discuss recent developments affecting the terms of the settlement in this case. At that time, the parties should dial into the Courts dedicated teleconferencing lin e at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) sign. The parties are directed to submit ex parte letters and attendance forms to Chambers by March 10, 2021, in accordance with Judge Netburn's individual rules of practice. So Ordered (Settlement Conference set for 3/15/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 2/18/2021) (js)
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Filing
273
ORDER: On October 30, 2020, the Court received a joint status letter from the parties indicating that the parties continue to work together with the goal of reaching settlement. The parties shall file a follow-up status letter detailing how settlement has progressed by December 15, 2020. So Ordered (Signed by Magistrate Judge Sarah Netburn on 10/30/2020) (js)
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Filing
272
ORDER: On October 5, 2020, the Court received a joint status letter from the parties indicating that the parties continue to work together with the goal of reaching settlement. The parties shall file a follow-up status letter detailing how settlement has progressed by October 30, 2020. (Signed by Magistrate Judge Sarah Netburn on 10/9/2020) (jwh)
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Filing
270
ORDER: A telephonic conference is scheduled for Friday, May 29, 2020, at 10:00 a.m. to discuss the parties' settlement disputes. The Court will provide call-in information by e-mail in advance of the conference. So Ordered. (Telephone Conference set for 5/29/2020 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 5/26/2020) (js)
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Filing
268
ORDER: A telephone conference is scheduled for Tuesday, April 14, 2020, at 10:00 a.m. The purpose of the conference is to discuss the issues raised in the parties' March 19 and March 20, 2020 letters. ECF Nos. 265, 266. Dial-in information will be provided by the Court in advance of the conference. SO ORDERED. (Telephone Conference set for 4/14/2020 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/13/2020) (jca)
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Filing
267
SETTLEMENT CONFERENCE ORDER: On March 19, 2020, Defendants filed a letter addressed to Judge Oetken regarding the potential that Plaintiff will file a motion for a preliminary injunction. ECF No. 265. Plaintiff responded to Defendants letter, ECF No. 266, requesting that Judge Oetken order the parties to meet and confer and, if necessary, confer by phone with the Court. If the parties believe it would be productive, they should e-mail Chambers at Netburn_NYSDChambers@nysd.uscourts.gov to schedule a telephone conference. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/7/2020) (jca)
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Filing
237
OPINION AND ORDER: In connection with discovery for Plaintiff's Monell claims, the parties shall adhere to the following discovery schedule: The deadline for the close of fact discovery on Plaintiff's Monell claims shall be December 10, 2 019. The deadline for the close of expert discovery on Plaintiff's Monell claims shall be February 10, 2020. Counsel for the parties shall appear before the Court for a pretrial conference to be held on January 9, 2020, at 11:00 a.m. SO ORDERED. (Expert Discovery due by 2/10/2020. Fact Discovery due by 12/10/2019. Initial Conference set for 1/9/2020 at 11:00 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 6/10/2019) (ne)
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Filing
233
OPINION AND ORDER re: 223 MOTION for Reconsideration Plaintiff's Motion for Partial Reconsideration or, in the Alternative, for Leave to Amend filed by Jason B. Nicholas. For the foregoing reasons, Plaintiff's motion for reconsideration is DENIED, and Plaintiff's motion for leave to file an amended pleading is DENIED as moot. The parties are directed to confer regarding further proceedings and to submit a joint letter addressing the parties' proposals within seven (7) days of the date of this order. The Clerk of Court is directed to close the motion at Docket Number 223. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/23/2019) (ne)
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Filing
219
OPINION AND ORDER: re: 170 MOTION to Preclude expert testimony and opinions of Mickey Osterreicher filed by Michael Debonis, Stephen Davis, Eugene Whyte, William Bratton, City of New York, 180 MOTION for Summary Judgment filed by Michael Debonis, Stephen Davis, Eugene Whyte, 185 MOTION for Summary Judgment filed by Jason B. Nicholas. For the foregoing reasons, it is hereby ORDERED that: Plaintiff's motion for summary judgment on his First Amendment claim and his procedural due proces s claim is DENIED; Individual Defendants' motion for summary judgment on Plaintiff's substantive due process claim is GRANTED; Individual Defendants' motion for summary judgment on Plaintiff's Equal Protection Clause claim is DEN IED; Individual Defendants' motion for summary judgment on Plaintiff's First Amendment claims is GRANTED in part and DENIED in part; Individual Defendants' motion for summary judgment on Plaintiff's procedural due process claims i s GRANTED on the basis of qualified immunity; and Defendants' motion to preclude Plaintiff's expert testimony is DENIED. The parties are directed to confer regarding further proceedings and to submit a joint letter addressing the parties' proposals by April 15, 2019. The Clerk of Court is directed to close the motions at Docket Numbers 170, 180, and 185. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/26/2019) (ama)
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Filing
156
OPINION AND ORDER re: 134 MOTION to Dismiss for Lack of Jurisdiction (Rule 12(b)(5)) filed by Eugene Whyte. Defendant Eugene Whyte was added as a defendant while this case was already in progress. He moves to dismiss under Rule 12(b) (5), arguing that service was untimely. (As further set forth in this Order.) For the foregoing reasons, Whyte's motion to dismiss is DENIED. The Clerk of Court is directed to close the motion at Docket Number 134. (Signed by Judge J. Paul Oetken on 2/23/2018) (cf)
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Filing
99
OPINION AND ORDER: re: 88 MOTION to Amend/Correct filed by Jason B. Nicholas. Plaintiff's motion for leave to file an amended complaint is therefore GRANTED IN PART and DENIED IN PART. The proposed amended complaint at Docket Number 88-1, not including the Fourth and Fifth Causes of Action at Paragraphs 162 and 163, is hereby deemed the operative complaint in this action and deemed filed with the Court. The Clerk of Court is directed to close the motion at Docket Number 88. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/12/2017) Copies Mailed By Chambers. (ama)
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Filing
85
OPINION AND ORDER. For the foregoing reasons, Defendants' motion to dismiss is DENIED. The operative stay on depositions in this matter is also hereby lifted. (See Dkt. No. 84.) The Clerk of Court is directed to close the motion at Docket Number 52. SO ORDERED. re: 52 MOTION to Dismiss amended complaint. MOTION to Dismiss for Lack of Jurisdiction (subject matter jurisdiction-standing) filed by Michael Debonis, Stephen Davis, William Bratton, City of New York. (Signed by Judge J. Paul Oetken on 2/27/2017) Copy Mailed to Pro Se Party by Chambers. (rjm)
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Filing
34
OPINION AND ORDER re: 3 MOTION for Preliminary Injunction filed by Jason B. Nicholas. For the foregoing reasons, Nicholas's motion for a preliminary injunction is denied. Because the Court's analysis rests in part on the pendency of Nicholas's Section 11-11 hearing, the motion is denied without prejudice to renewal at a later date, if circumstances warrant such renewal.The Clerk of Court is directed to close the motion at docket number 3. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/01/2016) Copies Mailed By Chambers. (ama)
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