William v. The City Of New York, et al
| Williams and Ronald William |
| The City Of New York, The City Of New York,, New York City Police Department, Police Officer Christopher Foy, Police Officer Marcus Colon and John Does 1-5 |
| 1:2016cv05208 |
| June 30, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Richard J Sullivan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 25 MANDATE of USCA (Certified Copy) as to #24 Notice of Appeal filed by Ronald William. USCA Case Number 18-2466-cv. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/18/2019. (nd) |
| Transmission of USCA Mandate to the District Judge re: #25 USCA Mandate,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #24 Notice of Appeal filed by Ronald William were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #24 Notice of Appeal. (tp) |
| Filing 24 NOTICE OF APPEAL from #23 Order,,,,,. Document filed by Ronald William. Filing fee $ 505.00, receipt number 0208-15473818. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Hernandez, David) |
Filing 23
ORDER. The Court's dutiful reexamination and recitation of the Pioneer factors does not alter its conclusion that, as the Second Circuit has found in similar cases, Plaintiffs nearly yearlong failure to prosecute this case and respond to Court orders was inexcusable. See, e.g., Pollard, 452 F. App'x at 40-41; Canfield v. Van Atta Buick/GMC Truck, Inc., 127 F.3d 248, 250 (2d Cir. 1997). To the extent that Plaintiff has therefore been deprived of a potentially viable claim against Defendants, he may have a remedy in the form of a malpractice suit against his attorneys, but that does not entitle him to resurrect this long-neglected litigation at the expense of Defendants and this Court. See Link v. Wabash R. Co., 370 U.S. 626, 634 n.10 (1962) ("If an attorney's conduct falls substantially below what is reasonable under the circumstances, the client's remedy is against the attorney in a suit for malpractice. But keeping this suit alive merely because [P]laintiff should not be penalized for the omissions of his own attorney would be visiting the sins of [P]laintiff's lawyer upon the [D]efendant[s].") Accordingly, for the reasons set forth above, Plaintiff's Rule 60(b)(1) motion is DENIED. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/23/18) (yv)
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| Filing 22 MANDATE of USCA (Certified Copy) as to #20 Notice of Appeal, filed by Ronald William. USCA Case Number 17-3125-cv. Ordered, Adjudged and Decreed that the order of the District Court is VACATED and the matter REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/11/2018. (nd) |
| Transmission of USCA Mandate to the District Judge re: #22 USCA Mandate,. (nd) |
| Filing 21 TRUE COPY ORDER of USCA as to #20 Notice of Appeal, filed by Ronald William. USCA Case Number 17-3125-cv. Ordered, Adjudged and Decreed that the order of the District Court is VACATED and the matter REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/19/2018. (nd) |
| Transmission of USCA Order to the District Judge re: #21 USCA Order,. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #20 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #20 Notice of Appeal, filed by Ronald William were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 20 NOTICE OF APPEAL from #19 Order on Motion to Reopen Case,,,,. Document filed by Ronald William. Filing fee $ 505.00, receipt number 0208-14183610. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Hernandez, David) |
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Filing 19
ORDER denying #17 Letter Motion to Reopen Case. Plaintiff's request to reopen this case eleven months after the Court dismissed it for failure to prosecute is DENIED. Plaintiff's failure to respond to Court orders or to check the docket sheet of his own case for nearly a year is not the equivalent of missing a filing deadline and does not constitute the kind of mistake, inadvertence, excusable neglect, or other exceptional circumstance that warrants relief under Rule 60. See, e.g., Pollard v. Does, 452 F. App'x 38, 40 - 41 (2d Cir. 2011) (upholding dismissal for failure to prosecute where plaintiff failed to comply with court orders and to prosecute his case for more than a year); Canfield v. Van Atta Buick/GMC Truck, Inc., 127 F.3d 248, 250 (2d Cir. 1997) ("failure to follow the clear dictates of a court rule" not excusable neglect). Since the Court dismissed this case without prejudice, Plaintiff is of course free to re-file, subject to the applicable statute of limitations. (Signed by Judge Richard J. Sullivan on 9/1/2017) (ras)
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| Filing 18 LETTER RESPONSE in Opposition to Motion addressed to Judge Richard J. Sullivan from Evan Brustein dated August 31, 2017 re: #17 LETTER MOTION to Reopen Case addressed to Judge Richard J. Sullivan from David J. Hernandez, Esq. dated 08/28/2017. . Document filed by The City Of New York,. (Brustein, Evan) |
| Filing 17 LETTER MOTION to Reopen Case addressed to Judge Richard J. Sullivan from David J. Hernandez, Esq. dated 08/28/2017. Document filed by Ronald William.(Hernandez, David) |
| Filing 16 SUMMONS RETURNED EXECUTED. Christopher Foy served on 9/28/2016, answer due 10/19/2016. Service was accepted by PARA FLEMMING. Service was made by MAIL. Document filed by Ronald William. (Hernandez, David) |
| Filing 15 SUMMONS RETURNED EXECUTED. Marcus Colon served on 9/6/2016, answer due 9/27/2016. Service was accepted by SGT. FLORES. Service was made by MAIL. Document filed by Ronald William. (Hernandez, David) |
| Filing 14 SUMMONS RETURNED EXECUTED. The City Of New York, served on 9/23/2016, answer due 10/14/2016. Service was accepted by SERVICE WINDOW CLERK. Document filed by Ronald William. (Hernandez, David) |
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Filing 13
ORDER: Accordingly, IT IS HEREBY ORDERED THAT this case is dismissed in its entirety without prejudice for failure to prosecute. The Clerk of the Court is respectfully directed to close this case. (Signed by Judge Richard J. Sullivan on 10/24/2016) (cla) Modified on 11/17/2016 (cla).
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Filing 12
ORDER: Accordingly, this action will be dismissed without prejudice unless Plaintiff, within fourteen days from the date of this order, that is, on or before 10/19/2016, either (1) files proof of service with the Clerk of Court, or (2) shows cause in writing why a further extension of the time limit for service is warranted. See Fed. R. Civ. P. 4(m). (Service due by 10/19/2016.) (Signed by Judge Richard J. Sullivan on 10/5/2016) (tro)
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| Filing 11 NOTICE OF APPEARANCE by Evan Craig Brustein on behalf of The City Of New York,. (Brustein, Evan) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to New York City Police Department. (pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Marcus Colon. (pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Christopher Foy. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): The party's name on the summons is misspelled. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David J. Hernandez. The party information for the following party/parties has been modified: Police Officer Marcus Colon and JOHN/JANE DOES 1-5. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (pc) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Christopher Foy, re: #1 Complaint,. Document filed by Ronald Williams. (Hernandez, David) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to MARCUS COLON, re: #1 Complaint,. Document filed by Ronald Williams. (Hernandez, David) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Police Department, re: #1 Complaint,. Document filed by Ronald Williams. (Hernandez, David) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,. Document filed by Ronald Williams. (Hernandez, David) Modified on 8/26/2016 (pc). |
| ADD PARTY FOR PLEADING. Defendants/Respondents JOHN/JANE DOES 1-5 added. Party added pursuant to #1 Complaint,. Document filed by JOHN/JANE DOES 1-5. Related document: #1 Complaint, filed by Ronald Williams.(Hernandez, David) |
| Filing 3 NOTICE OF PARTICIPATION IN LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN): Unless otherwise ordered, this case shall participate in the Southern District of New York's Local Civil Rule 83.10. Please reference the Court's website, www.nysd.uscourts.gov, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(rpr) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Hernandez re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (laq) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (laq) |
| Magistrate Judge Ronald L. Ellis is so designated. (laq) |
| Case Designated ECF. (laq) |
| Filing 2 CIVIL COVER SHEET filed. (Hernandez, David) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against MARCUS COLON, CHRISTOPHER FOY, New York City Police Department, The City Of New York,. (Filing Fee $ 400.00, Receipt Number 0208-12488737)Document filed by RONALD WILLIAMS.(Hernandez, David) Modified on 7/1/2016 (laq). |
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