Cotto v. City Of New York et al
| Cotto and Angelo Cotto |
| City Of New York, Detective David Terrell, Police Officer Jose Nunez, Police Officer Omar Tejada, Police Officer Alberto Delrosario, Police Officers John Does 1-10, Police Officer Matthew Velger, Police Officer Christina Barrientos, Police Officer Bravo Zayas and Police Officer Christopher Britton |
| 1:2016cv08651 |
| November 7, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Naomi Reice Buchwald |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on September 7, 2018. A more recent docket listing may be available from PACER.
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| Filing 69 LETTER MOTION to Adjourn Conference set for October 3rd - permanently - due to FRCP 41 withdrawal yesterday addressed to Judge Naomi Reice Buchwald from Curt P. Beck dated Sept. 7, 2018. Document filed by City Of New York.(Beck, Curt) |
Filing 68
STIPULATION OF VOLUNTARY DISMISSAL AND WITHDRAWAL WITH PREJUDICE PURSUANT TO FED.R.CIV.P. 41(A)(1)(A)(II): IT IS HEREBY STIPULATED AND AGREED, pursuant to FED. R. CIV. P. 41(a)(1)(A)(ii), by and between the undersigned counsel for the parties herein, that any and all of the claims that were asserted or could have been asserted on behalf of the plaintiff Angelo Cotto against defendants THE CITY OF NEW YORK, DETECTIVE DAVID TERRELL, POLICE OFFICER MATTHEW VELGER, POLICE OFFICER CHRISTINA BARRIENTOS, POLICE OFFICER BRAVO ZAYAS and POLICE OFFICER CHRISTOPHER BRITTON, including their successors and assignees, and all past and present officials, employees, representatives and agents of the City of New York, arising out of the events alleged in the Complaint, the Amended Complaint or the Second Amended Complaint in this matter, Cotto v. City of New York, et al., 16-CV-8651 (NRB), are hereby dismissed and withdrawn, with prejudice, and without costs, expenses or attorneys' fees to either party. SO ORDERED. (City Of New York, David Terrell, Police Officer Matthew Velger, Police Officer Bravo Zayas, Police Officer Christina Barrientos and Police Officer Christopher Britton terminated.) (Signed by Judge Naomi Reice Buchwald on 9/6/2018) (anc)
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| Filing 67 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) David Terrell, Police Officer Bravo Zayas, City Of New York, Police Officer Christina Barrientos, Police Officer Matthew Velger, Police Officer Christopher Britton pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by David Terrell, John Does 1-10, Police Officer Bravo Zayas, City Of New York, Police Officer Christina Barrientos, Police Officer Matthew Velger, Police Officer Christopher Britton. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Beck, Curt) |
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Filing 66
ORDER: Counsel are to appear before this Court for a status conference on October 3, 2018, in Courtroom 21A, 500 Pearl Street, New York, NY 10007 at 11:30 AM., ( Status Conference set for 10/3/2018 at 11:30 AM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 8/29/2018) (ama)
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Filing 65
MEMO ENDORSEMENT: on re: #64 Notice of Substitution of Attorney, filed by Police Officer Christopher Britton, Police Officer Christina Barrientos, David Terrell, City Of New York, Police Officer Bravo Zayas, Police Officer Matthew Velger. ENDORSEMENT: SO ORDERED., Attorney Joseph Aaron Gutmann for City Of New York added. Attorney Karl Joseph Ashanti terminated. (Signed by Judge Naomi Reice Buchwald on 8/29/2018) (ama)
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| Filing 64 NOTICE of Substitution of Attorney. Old Attorney: Karl Ashanti, New Attorney: Joseph Gutmann, Address: Office of the Corporation Counsel, 100 Church Street, New York, New York, USA 10007, 212-356-2659. Document filed by Police Officer Christina Barrientos, Police Officer Christopher Britton, City Of New York, David Terrell, Police Officer Matthew Velger, Police Officer Bravo Zayas. (Gutmann, Joseph) |
| Filing 63 ANSWER to #50 Amended Complaint, with JURY DEMAND. Document filed by Police Officer Christina Barrientos, Police Officer Christopher Britton, City Of New York, David Terrell, Police Officer Matthew Velger, Police Officer Bravo Zayas.(Beck, Curt) |
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Filing 62
ORDER granting #61 Letter Motion for Extension of Time. Application Granted. (Signed by Judge Naomi Reice Buchwald on 8/07/2018) (ama)
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| Set/Reset Deadlines: City Of New York answer due 8/22/2018; David Terrell answer due 8/22/2018. (ama) |
| Filing 61 SECOND LETTER MOTION for Extension of Time to Move or Answer to August 22, 2018 on Consent addressed to Judge Naomi Reice Buchwald from Curt Beck dated August 6, 2018. Document filed by City Of New York, David Terrell.(Beck, Curt) |
| Filing 60 ELECTRONIC SUMMONS ISSUED as to Police Officer Matthew Velger. (pc) |
| Filing 59 ELECTRONIC SUMMONS ISSUED as to Police Officer Christina Barrientos. (pc) |
| Filing 58 ELECTRONIC SUMMONS ISSUED as to Police Officer Bravo Zayas. (pc) |
| Filing 57 ELECTRONIC SUMMONS ISSUED as to Police Officer Christopher Britton. (pc) |
| Filing 56 REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Bravo Zayas, re: #50 Amended Complaint,. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 55 REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Matthew Velger, re: #50 Amended Complaint,. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 54 REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Christopher Britton, re: #50 Amended Complaint,. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 53 REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Christina Barrientos, re: #50 Amended Complaint,. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
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Filing 52
ORDER: granting #51 Letter Motion for Extension of Time to Answer. SO ORDERED. City Of New York answer due 8/8/2018; David Terrell answer due 8/8/2018. (Signed by Judge Naomi Reice Buchwald on 7/18/2018) (ama)
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| Filing 51 FIRST LETTER MOTION for Extension of Time to File Answer re: #50 Amended Complaint, (Second) addressed to Judge Naomi Reice Buchwald from Curt Beck dated July 18, 2018. Document filed by Police Officer Christina Barrientos, Police Officer Christopher Britton, City Of New York, David Terrell, Police Officer Matthew Velger, Police Officer Bravo Zayas.(Beck, Curt) |
| Filing 50 SECOND AMENDED COMPLAINT amending #26 Amended Complaint, against City Of New York, David Terrell, Police Officer Matthew Velger, Police Officer Christina Barrientos, Police Officer Bravo Zayas, Police Officer Christopher Britton with JURY DEMAND.Document filed by Angelo Cotto. Related document: #26 Amended Complaint,.(Nwokoro, Chukwuemeka) |
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Filing 49
MEMORANDUM AND ORDER: granting in part and denying in part #40 Motion to Amend/Correct. In summary, plaintiff's motion for leave to amend is granted with respect to terminating defendants Nunez, Tejada, and Delrosario, and asserting claims against previously unidentified John Doe defendants as follows: (1) false arrest and imprisonment, and malicious prosecution claims against Velger and Barrientos; and (2) malicious prosecution claims against Zayas and Britton. Plaintiff's motion is denied with prejudice with respect to asserting: (1) false arrest and imprisonment claims against Castaldo, Zayas, and Britton; and (2) a malicious prosecution claim against Castaldo. Finally, plaintiff's motion for leave to amend his Monell claim is denied without prejudice. Plaintiff shall file a second amended complaint in accordance with, and within 14 days of, this Memorandum and Order. The Clerk of Court is respectfully directed to (1) terminate Nunez, Tejada, and Delrosario as defendants; and (2) terminate docket number 40. (Signed by Judge Naomi Reice Buchwald on 6/20/2018). *** Party Omar Tejada, Alberto Delrosario and Jose Nunez terminated. (ama) Modified on 6/21/2018 (ama).
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| Filing 48 NOTICE OF CHANGE OF ADDRESS by Chukwuemeka Nwokoro on behalf of Angelo Cotto. New Address: Nwokoro & Scola, Esquires, 30 Broad Street, Suite 1424, New York, New York, 10004, (212) 785-1060. (Nwokoro, Chukwuemeka) |
| Filing 47 NOTICE OF APPEARANCE by Curt Peter Beck on behalf of City Of New York, Alberto Delrosario, Jose Nunez, Omar Tejada, David Terrell. (Beck, Curt) |
| Filing 46 LETTER addressed to Judge Naomi Reice Buchwald from Curt P. Beck, Esq. dated February 13, 2018 re: Courtesy Copies & IPR E(1). Document filed by City Of New York, Alberto Delrosario, Jose Nunez, Omar Tejada, David Terrell.(Beck, Curt) |
| Filing 45 DECLARATION of Curt P. Beck, Esq. in Opposition re: #40 FIRST MOTION to Amend/Correct #26 Amended Complaint, .. Document filed by City Of New York, Alberto Delrosario, Jose Nunez, Omar Tejada, David Terrell. (Beck, Curt) |
| Filing 44 MEMORANDUM OF LAW in Opposition re: #40 FIRST MOTION to Amend/Correct #26 Amended Complaint, . . Document filed by City Of New York, Alberto Delrosario, Jose Nunez, Omar Tejada, David Terrell. (Beck, Curt) |
| Filing 43 LETTER addressed to Judge Naomi Reice Buchwald from Karl J. Ashanti, Esq. dated 1/31/18 re: Pre-Motion Conference Application. Document filed by City Of New York, Alberto Delrosario, Jose Nunez, Omar Tejada, David Terrell.(Ashanti, Karl) |
| Filing 42 LETTER addressed to Judge Naomi Reice Buchwald from Chukwuemeka Nwokoro dated January 29, 2018 re: Plaintiff's Motion To For Leave To Amend Complaint. Document filed by Angelo Cotto.(Nwokoro, Chukwuemeka) |
| Filing 41 MEMORANDUM OF LAW in Support re: #40 FIRST MOTION to Amend/Correct #26 Amended Complaint, . . Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 40 FIRST MOTION to Amend/Correct #26 Amended Complaint, . Document filed by Angelo Cotto.(Nwokoro, Chukwuemeka) |
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Filing 39
ORDER: terminating #38 Letter Motion to Adjourn Conference. If the parties are unable to resolve their differences on plaintiff's proposed motion for leave to amend the complaint, plaintiff should promptly make the proposed motion. The SDNY rules on motion briefing will apply. No conference will be held until The contours of The complaint are establish and any representation issues resolved. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/18/2017) (ama)
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| Filing 38 FIRST LETTER MOTION to Adjourn Conference and Request For Pre-Motion Conference addressed to Judge Naomi Reice Buchwald from Chukwuemeka Nwokoro dated December 12, 2017. Document filed by Angelo Cotto.(Nwokoro, Chukwuemeka) |
| Filing 37 NOTICE: Counsel are to appear before this Court for a status conference on December 20, 2017, in Courtroom 21A, 500 Pearl Street, New York, NY 10007 at 4:00 pm., ( Status Conference set for 12/20/2017 at 04:00 PM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 12/05/2017) (ama) Modified on 12/5/2017 (ama). |
| Mediator Session Held on 11/29/2017 at 40 Foley Square.(mf) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 11/29/2017, 2:30 PM at the U.S. Courthouse located at 40 Foley Square New York, NY 10007.(cda) |
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Filing 35
ORDER: In May 2017, this Court stayed mediation pursuant to Local Rule 83.10(8) pending resolution of a Civil Complaint Review Board ("CCRB") investigation concerning this action. As of October 13, 2017, the CCRB has completed its investigation and released its findings. (See ECF No. 34.) Accordingly, the stay of mediation is lifted. (Signed by Judge Naomi Reice Buchwald on 10/17/2017) (ap)
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| Transmission to Mediation Clerk. Transmitted re: #35 Order to the Mediation Clerk for case processing. (ap) |
| Filing 34 STATUS REPORT. Document filed by City Of New York.(Ashanti, Karl) |
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Filing 33
MEMO ENDORSEMENT: on re: #32 Status Report filed by City Of New York. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/13/2017) (ama)
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| Filing 32 STATUS REPORT. 9-11-17 Document filed by City Of New York.(Ashanti, Karl) |
| Filing 31 MEMO ENDORSEMENT on re: #30 Status Report filed by David Terrell, City Of New York, Omar Tejada, Alberto Delrosario, Jose Nunez. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 8/17/2017) (cf) Modified on 8/18/2017 (cf). |
| Filing 30 STATUS REPORT. Document filed by City Of New York, Alberto Delrosario, Jose Nunez, Omar Tejada, David Terrell.(Ashanti, Karl) |
| Filing 29 STATUS REPORT. Document filed by City Of New York, Alberto Delrosario, Jose Nunez, Omar Tejada, David Terrell.(Ashanti, Karl) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 5/22/2017 at 40 Foley Square was NOT held.(mf) |
| Filing 28 LETTER MOTION to Adjourn Conference & for Stay of Action addressed to Judge Naomi Reice Buchwald from Karl J. Ashanti, Esq. dated 5/17/17. Document filed by City Of New York.(Ashanti, Karl) |
| Filing 27 ANSWER to #26 Amended Complaint, with JURY DEMAND. Document filed by City Of New York, Alberto Delrosario, Jose Nunez, Omar Tejada, David Terrell.(Ashanti, Karl) |
| Filing 26 AMENDED COMPLAINT amending #1 Complaint against City Of New York, Alberto Delrosario, John Does 1-10, Jose Nunez, Omar Tejada, David Terrell with JURY DEMAND.Document filed by Angelo Cotto. Related document: #1 Complaint filed by Angelo Cotto.(Nwokoro, Chukwuemeka) |
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Filing 25
ORDER denying #20 Letter Motion to Stay. Having reviewed letters from plaintiff and the City of New York (the "City") dated February 27, 2017, February 28, 2017, February 28, 2017, and March 8, 2017, we hereby deny the City's request to stay this action. Furthermore, given that plaintiff stated his intent to withdraw his sixteenth cause of action by letter dated February 28, 2017, prior to the City's answer filed on March 3, 2017, we construe plaintiff's letter as a notice of withdrawal without prejudice pursuant to Federal Rule of Civil Procedure41 (a) (1) (A) (i). However, plaintiff is directed to file an amended complaint by April 25, 2017, reflecting the withdrawn cause of action. Nothing in this Order should be construed as a comment upon the scope of permissible discovery in this action, including with respect to the factual events underlying plaintiff's April 24, 2016, arrest. The Clerk of Court is directed to close ECF. No. 20. (Signed by Judge Naomi Reice Buchwald on 4/4/2017) (ras)
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| Set/Reset Deadlines: Amended Pleadings due by 4/25/2017. (ras) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 5/22/2017, 10:00 AM at the U.S. Courthouse located at 40 Foley Square New York, NY 10007.(cda) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(cda) |
| Filing 24 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Chukwuemeka Nwokoro dated March 8, 2017 re: #20 FIRST LETTER MOTION to Stay addressed to Judge Naomi Reice Buchwald from Karl J. Ashanti, Esq. dated 2/27/17. . Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(mf) |
| LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) 100-DAY REVIEW: The mediator shall be available to the parties throughout the discovery phase of the Rule and shall schedule and hold the first mediation session in the case within ten (10) days of the close of the discovery period. In the event that the mediation cannot begin within the time set forth herein, the assigned mediator shall promptly notify the Mediation Supervisor of the date by which the mediation will begin and the reason for the delay. The mediator shall correspond with the Mediation Office to arrange a mutually convenient date and time to hold the first session. 1983-Plan Review due by 6/14/2017. Mediator to be Assigned by 3/16/2017.(mf) |
| Filing 23 ANSWER to #1 Complaint with JURY DEMAND. Document filed by City Of New York.(Ashanti, Karl) |
| Filing 22 LETTER RESPONSE in Support of Motion addressed to Judge Naomi Reice Buchwald from Karl J. Ashanti, Esq. dated 2/28/17 re: #20 FIRST LETTER MOTION to Stay addressed to Judge Naomi Reice Buchwald from Karl J. Ashanti, Esq. dated 2/27/17. . Document filed by City Of New York. (Ashanti, Karl) |
| Filing 21 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from Chukwuemeka Nwokoro dated 02/28/17 re: #20 FIRST LETTER MOTION to Stay addressed to Judge Naomi Reice Buchwald from Karl J. Ashanti, Esq. dated 2/27/17. . Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 20 FIRST LETTER MOTION to Stay addressed to Judge Naomi Reice Buchwald from Karl J. Ashanti, Esq. dated 2/27/17. Document filed by City Of New York.(Ashanti, Karl) |
| Filing 18 SUMMONS RETURNED EXECUTED. David Terrell served on 12/10/2016, answer due 12/31/2016. Service was accepted by Detective David Terrell. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 17 SUMMONS RETURNED EXECUTED. Omar Tejada served on 12/10/2016, answer due 12/31/2016. Service was accepted by Police Officer Omar Tejada. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 16 SUMMONS RETURNED EXECUTED. Jose Nunez served on 12/10/2016, answer due 12/31/2016. Service was accepted by Police Officer Jose Nunez. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 15 SUMMONS RETURNED EXECUTED. Alberto Delrosario served on 12/10/2016, answer due 12/31/2016. Service was accepted by Alberto Delrosario, Police Officer/Defendant. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 14 SUMMONS RETURNED EXECUTED. City Of New York served on 12/2/2016, answer due 12/23/2016. Service was accepted by Betty Mazyck, Docketing Clerk. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 13 LETTER addressed to Chukwuemeka Nwokoro, Esq. from Naomi Reice Buchwald, United States District Judge dated 1/05/2017 re: The docket sheet in the above-captioned matter indicates that your complaint was filed on November 7, 2016, and that, as of today's date, the complaint has not been served on defendants. Rule 4(m) of the Federal Rules of Civil Procedure provides: If a defendant is not served within 90 days after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Unless you achieve service or can show good cause why your time to serve should be extended, this matter will be dismissed without prejudice on February 5, 2017. (ama) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Alberto Delrosario. (dgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Omar Tejada. (dgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Jose Nunez. (dgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to David Terrell. (dgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to City Of New York. (dgo) |
| Case Designated ECF. (dgo) |
| Magistrate Judge James L. Cott is so designated. (dgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Chukwuemeka Nwokoro. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331fa Fed. Question: Civil Rights Violation-False Arrest;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1983 Civil Rights Act;. (dgo) |
| Filing 19 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) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Alberto Delrosario, re: #1 Complaint. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Omar Tejada, re: #1 Complaint. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Jose Nunez, re: #1 Complaint. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Detective David Terrell, re: #1 Complaint. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint. Document filed by Angelo Cotto. (Nwokoro, Chukwuemeka) |
| Filing 2 CIVIL COVER SHEET filed. (Nwokoro, Chukwuemeka) |
| Filing 1 COMPLAINT against Alberto Delrosario, John Does 1-10, Jose Nunez, Omar Tejada, David Terrell, The City Of New York,. (Filing Fee $ 400.00, Receipt Number 0208-12961188)Document filed by Angelo Cotto.(Nwokoro, Chukwuemeka) |
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