Hernandez v. United States Of America et al
Plaintiff: Luis Hernandez
Defendant: United States Of America, W. Outlaw, John Does and City Of New York
Case Number: 1:2016cv06139
Filed: August 3, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 29, 2023 Opinion or Order Filing 147 ORDER: On June 27, 2023, Plaintiff filed a letter motion to compel Defendant to pay interest on late-paid settlement amounts. (Dkt. 142.) The parties then undertook to attempt to resolve the matter without further court intervention, and existin g deadlines were extended to August 25, 2023. (Dkt. 146.) The Court has not heard anything from the parties since. Accordingly, by October 6, 2023, the parties shall file a joint status report. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 9/29/2023) (mml)
October 4, 2022 Opinion or Order Filing 136 ORDER OF DISMISSAL The Court having been advised at ECF No. 135 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 pre judice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereaf ter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "s o ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The deadline for the parties to submit a joint letter pursuant to the Court's September 22, 2022 Order (ECF No. 134) is adjourned. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/4/2022) (jca)
September 22, 2022 Opinion or Order Filing 134 NOTICE OF REASSIGNMENT This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Cour t orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previousl y-scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter upda ting the Court on the status of the case. The joint letter shall not exceed four (4) pages. If this case has been settled or otherwise terminated, counsel need not submit such letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19, available at http://nysd.uscourts.gov/ ecf_filing.php. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/22/2022) (jca)
March 3, 2022 Opinion or Order Filing 119 ORDER granting in part and denying in part 118 Letter Motion to Stay re: 118 JOINT LETTER MOTION to Stay Discovery to Facilitate Settlement Discussions addressed to Magistrate Judge Robert W. Lehrburger from Hannah V. Faddis date d March 2, 2022. Granted in part; Denied in part. Rather than issue a stay, the Court grants and orders numbers 1, 2, and 3 regarding settlement procedure. The Court modifies and orders number 4 as follows: If a settlement conference is requested, the deadline for completing discovery will be deemed extended to 30 days following unsuccessful termination of settlement proceedings. (Signed by Magistrate Judge Robert W. Lehrburger on 3/3/2022) (rro)
April 15, 2021 Opinion or Order Filing 102 MEMO ENDORSEMENT granting 101 Motion for Discovery. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/15/2021) (mml)
February 5, 2021 Opinion or Order Filing 97 ORDER: The Pretrial Conference scheduled for February 12, 2021, at 2:00 p.m. is hereby adjourned sine die. The parties are ORDERED to file a status letter with the Court on May 11, 2021. In that status letter, the parties should address (1) the st atus of any settlement discussions, including whether the parties request a referral to the Court-annexed mediation program or a settlement conference with Judge Lehrburger; and (2) whether they anticipate filing any summary judgment motions and, if so, the subject matter of any motions. ***Hearings Terminated*** The following hearing(s) was terminated: Pretrial Conference. SO ORDERED. (Signed by Judge John P. Cronan on 2/5/2021) (jca)
December 17, 2020 Opinion or Order Filing 96 STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/17/2020) (ks)
November 16, 2020 Opinion or Order Filing 90 ORDER: Counsel for all parties are hereby directed to appear before the undersigned for a Pretrial Conference on February 12, 2021, at 2:00 p.m. In light of the ongoing COVID-19 pandemic, the Court will conduct the Pretrial Conference by teleconferen ce. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED., ( Pretrial Conference set for 2/12/2021 at 02:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 11/16/2020) (ama)
October 19, 2020 Opinion or Order Filing 88 NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Unless and until the Cou rt orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before the Magistrate Judge will proceed as ordered. Additionally, within two weeks of th e filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: as set forth herein. SO ORDERED. (Signed by Judge John P. Cronan on 10/19/2020) (ama)
March 13, 2018 Opinion or Order Filing 63 MEMORANDUM OPINION AND ORDER: re: 42 MOTION to Dismiss filed by City Of New York, 45 MOTION to Dismiss filed by W. Outlaw, United States Of America. For the foregoing reasons, the Federal Defendants' motion to dismiss Counts I through V of the Second Amended Complaint is granted, the City Defendant's motion to dismiss Count VI of the Second Amended Complaint is granted, and Plaintiff's request for leave to further amend his complaint is denied. The Clerk of Court is directed to enter judgment accordingly and close this case. This Memorandum Opinion and Order resolves Docket Entry Nos. 42 and 45. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/13/2018) (ama)
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Plaintiff: Luis Hernandez
Represented By: Jeffrey Adam Rothman
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Defendant: United States Of America
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Defendant: W. Outlaw
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Defendant: John Does
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Defendant: City Of New York
Represented By: Barry K. Myrvold
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