Felix et al v. City Of New York et al
| Dorrelien Felix, Margaly Felix and Jonathan C. Moore |
| City Of New York, Harold Carter, Vincente Matias, The Bridge Inc. and Jane Doe |
| The Bridge Inc. |
| Harold Carter, City Of New York and Vincente Matias |
| 1:2016cv05845 |
| July 21, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
163
ORDER granting 162 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/11/2021) (vfr)
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Filing
161
ORDER granting 160 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/8/2021) (mro)
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Filing
159
ORDER. It having been reported to the Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar i f the application to restore the action is made within sixty days. To be clear, any application to reopen must be filed within sixty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. All scheduled conf erences are hereby adjourned and the jury trial date is vacated. Within the sixty-day period provided for in this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Pursuant to Rule 5.A. of the Co urt's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless the terms of the agreement are made part of the public record. SO ORDERED. Harold Carter (Individually), Harold Carter ( in his official capacity), City Of New York (A municipal entity), Vincente Matias (in his official capacity), Vincente Matias (Individually), Harold Carter (in his official capacity) and Harold Carter (Individually) terminated. (Signed by Judge Alison J. Nathan on 2/11/2021) (rjm)
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Filing
156
ORDER: Accordingly, the parties are hereby ORDERED to meet and confer and submit a joint letter by January 8, 2021, responding to the following questions as further set forth in this Order. If the parties do not consent to a bench trial and indicate that they are ready to proceed with a jury trial on the scheduled date, the Court will request a jury for that date, consistent with the protocols implemented by the Southern District. In that event, the parties shall be prepared to procee d to trial as of that date and on each following week through June 2021. The Court will provide the parties as much notice as possible about whether their case will proceed to trial during any of those weeks. Per discussion at the October 30, 2020, conference, the parties' joint pretrial submissions are due March 15, 2021. Motions in limine must be filed by April 15, 2021, with oppositions to be filed by May 7, 2021, and replies filed by May 14, 2021. A final pretrial conference is hereby set for June 2, 2021, at 11:00 a.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/22/2020) ( Motions due by 4/15/2021., Responses due by 5/7/2021, Replies due by 5/14/2021.) (ks)
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Filing
155
ORDER SCHEDULING TELEPHONIC SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Stewart Aaron on Thursday, January 28, 2021 at 10:00 a.m. The settlement shall proceed by telephone unless the parties advise the Co urt that they have access to and prefer proceeding by alternative remote means, such as by video. The Court will provide dial-in information to the parties by email before the conference. The parties must comply with the Settlement Conference Proce dures for Magistrate Judge Stewart D. Aaron, available at https://nysd.uscourts.gov/hon-stewart-d-aaron. SO ORDERED. (Telephone Conference set for 1/28/2021 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 12/9/2020) (kl)
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Filing
149
ORDER: The Court will hold the upcoming pretrial conference by AT&T teleconference. The parties and members of the public may access the proceeding on October 30, 2020, at 3:15 p.m. by dialing (888) 363-4749 and entering access code 9196964. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/29/2020) (jca)
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Filing
147
OPINION AND ORDER. The City's motion (Dkt. No. 130) is GRANTED in part and DENIED in part. Specifically, the Court DENIES summary judgment as to both the failure-to-train claim and the disability discrimination claims; DENIES the request for bif urcation; and GRANTS in part the request to limit expert testimony. The Court will schedule a pretrial conference by separate order. SO ORDERED. re: 130 MOTION for Summary Judgment filed by Vincente Matias, City Of New York, Harold Carter. (Signed by Judge Alison J. Nathan on 10/13/2020) (rjm)
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Filing
124
OPINION AND ORDER re: 100 FIRST MOTION for Partial Summary Judgment . filed by Vincente Matias, City Of New York, Harold Carter. For the foregoing reasons, Defendants' motion is GRANTED with respect to the excessive force cla ims, the failure to intervene claims, the New York State constitutional claims arising under Article I, Section 6, and the New York tort law claims, to the extent that all of these claims relate solely to conduct preceding the shooting. Defendants� 39; motion is DENIED with respect to the unlawful entry claims and the New York State constitutional claims arising under Article I, Section 12. Because discovery is still proceeding on claims against the City, a Case Management Conference will be scheduled by a separate order. This resolves Dkt. No. 100. (Signed by Judge Alison J. Nathan on 9/30/2019) (kv)
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Filing
93
OPINION & ORDER re: 67 LETTER MOTION for Conference requesting a pre-motion conference addressed to Judge Alison J. Nathan from Lauren Turkel dated 10/24/17 filed by The Bridge Inc., 59 AMENDED MOTION to Dismiss . M OTION to Bifurcate filed by City Of New York. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part and DENIED in part. The motion to dismiss is granted with respect to Plaintiffs' Monell claim s alleging failure to screen, failure to train officers in the use of I-Cards, a custom or practice of misusing I-Cards, and a custom or practice of engaging in excessive force with respect to emotionally disturbed persons. Accordingly, all suc h claims are hereby DISMISSED. However, the motion to dismiss is denied with respect to Plaintiffs' Monell claims alleging failure to train officers in the treatment of emotionally disturbed persons. The motion to dismiss is also denied with respect to Plaintiffs' ADA and Rehabilitation Act claims. As a final matter, at this stage, the Court declines to bifurcate any of the surviving claims from one another. Discovery remains ongoing with respect to the individual defenda nts. See Dkt. No. 92. With respect to claims against the City, the Court will issue an Order scheduling a Case Management Conference under separate cover. This resolves Dkt. Nos. 59 and 67. (Signed by Judge Alison J. Nathan on 9/30/2018) (mro)
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Filing
28
ORDER granting 25 Letter Motion to Stay: that the City's motion is GRANTED in its entirety, and this matter is hereby stayed. The City shall file every sixty days from the date of this Order a letter updating the Court as to the status of t he NYPD's investigation and the City's position as to the continued necessity, if any, of a stay of these proceedings, and shall file written notice of the completion of such investigation within three business days thereof. (Signed by Judge Alison J. Nathan on 9/6/2016) (tn)
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