Rowell v. Dunn et al
| Rowell and Theresa Rowell |
| City Of New York and NYC Detective William Dunn |
| 1:2016cv10062 |
| December 31, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Gregory H Woods |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on April 2, 2019. A more recent docket listing may be available from PACER.
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Filing 52
STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned that the above-referenced action is hereby dismissed with prejudice. The parties have stipulated to the dismissal of this action under Rule 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/2/2019) (kv)
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| Filing 51 LETTER addressed to Judge Gregory H. Woods from Kavin Thadani dated March 28, 2019 re: Stipulation and Order of Dismissal. Document filed by City Of New York, William Dunn(in his official capacity), William Dunn(individually). (Attachments: #1 Text of Proposed Order)(Thadani, Kavin) |
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Filing 50
ORDER: Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal; and as further set forth herein. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/27/2019) (anc)
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| Filing 49 LETTER addressed to Judge Gregory H. Woods from Kavin Thadani dated March 26, 2019 re: Settlement. Document filed by City Of New York, William Dunn(in his official capacity), William Dunn(individually).(Thadani, Kavin) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/11/2019. (Daniels, Anthony) |
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Filing 48
ORDER. The Court will hold a status conference in this case by telephone on March 11, 2019 at 4:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on March 4, 2019) (Text Only Order)(Daniels, Anthony)
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Filing 47
ORDER: A jury trial in this matter will begin on Monday, December 9, 2019 at 9:00 a.m. The Court will hold a final pretrial conference in this case on Monday, November 25, 2019 at 1:00 p.m. Both the final pretrial conference and the jury trial will be held in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York 10007. The parties are directed to submit the following materials no later than September 27, 2019: (1) the joint pretrial order and other submissions permitted or required under Rule 5 of the Court's Individual Rules of Practice in Civil Cases, (2) a proposed brief, mutually acceptable description of the case, to be read to the venire, and (3) a proposed brief, mutually acceptable overview of the applicable law, to be read to the jury as part of the Courts initial instructions prior to opening statements. SO ORDERED. (Pretrial Order due by 9/27/2019. Final Pretrial Conference set for 11/25/2019 at 01:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. Jury Trial set for 12/9/2019 at 09:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 3/1/2019) (anc) Modified on 3/4/2019 (anc).
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Filing 46
ORDER denying #29 Motion for Summary Judgment. For the reasons stated above, Defendant's motion for summary judgment is DENIED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 29. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/27/2019) (rj)
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| Filing 45 NOTICE OF APPEARANCE by Kavin Suresh Thadani on behalf of William Dunn(in his official capacity), William Dunn(individually). (Thadani, Kavin) |
| Filing 44 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION for Summary Judgment . . Document filed by William Dunn(in his official capacity), William Dunn(individually). (Lichterman, Ariel) |
| Filing 43 DECLARATION of Ariel Lichterman in Support re: #29 MOTION for Summary Judgment .. Document filed by William Dunn(in his official capacity), William Dunn(individually). (Attachments: #1 Exhibit P, #2 Exhibit Q, #3 Exhibit R)(Lichterman, Ariel) |
| Filing 42 COUNTER STATEMENT TO #35 Rule 56.1 Statement. Document filed by William Dunn(in his official capacity), William Dunn(individually). (Lichterman, Ariel) |
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Filing 41
ORDER granting #40 Letter Motion for Extension of Time. Application granted. The deadline for Defendant's reply memorandum in support of his motion for summary judgment is extended to March 16, 2018. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 40. (Signed by Judge Gregory H. Woods on 3/12/2018) (mro)
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| Set/Reset Deadlines: Replies due by 3/16/2018. (mro) |
| Filing 40 SECOND LETTER MOTION for Extension of Time to File Reply, on Consent addressed to Judge Gregory H. Woods from Ariel Lichterman dated March 9, 2018. Document filed by William Dunn(in his official capacity), William Dunn(individually).(Lichterman, Ariel) |
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time; granting #38 Letter Motion for Leave to File Excess Pages. Defendant William Dunn's request for an extension of time to file his reply in support of his motion for summary judgment, Dkt. No. 38, is granted. Defendant's reply is due no later than March 13, 2018. The page limit for Defendant's reply is increased to 20 pages. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Filing 38 CONSENT LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Ariel Lichterman dated March 1, 2018., LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H. Woods from Ariel Lichterman dated March 1, 2018. Document filed by William Dunn(in his official capacity), William Dunn(individually).(Lichterman, Ariel) |
| Filing 37 LETTER addressed to Judge Gregory H. Woods from Cyrus Joubin dated February 24, 2018 re: error in Plaintiff's Memorandum of Law. Document filed by Theresa Rowell.(Joubin, Cyrus) |
| Filing 36 MEMORANDUM OF LAW in Opposition re: #29 MOTION for Summary Judgment . . Document filed by Theresa Rowell. (Joubin, Cyrus) |
| Filing 35 RULE 56.1 STATEMENT. Document filed by Theresa Rowell. (Joubin, Cyrus) |
| Filing 34 COUNTER STATEMENT TO #30 Rule 56.1 Statement. Document filed by Theresa Rowell. (Joubin, Cyrus) |
| Filing 33 DECLARATION of Cyrus Joubin in Opposition re: #29 MOTION for Summary Judgment .. Document filed by Theresa Rowell. (Attachments: #1 Exhibit Ex A - Plaintiff deposition, #2 Exhibit Ex B - Det. Dunn Deposition, #3 Exhibit Ex C - Soto Deposition, #4 Exhibit Ex D - Hozie Deposition, #5 Exhibit Ex E - Shaara Deposition, #6 Exhibit Ex F - McCann Deposition, #7 Exhibit Ex G - Plaintiff arrest history, #8 Exhibit Ex H - Soto prosecution file, #9 Exhibit Ex I - transcript of phone conversation, #10 Exhibit Ex J - recording of phone conversation, #11 Exhibit Ex K - video of DA interview, #12 Exhibit Ex L - arrest report, #13 Exhibit Ex M - arraignment transcript, #14 Exhibit Ex. N - DA datasheet, #15 Exhibit Ex O - letter to Dunn, #16 Exhibit Ex P - Affidavit of Plaintiff, #17 Exhibit Ex. Q - Affidavit of Hozie Rowell)(Joubin, Cyrus) |
| Filing 32 MEMORANDUM OF LAW in Support re: #29 MOTION for Summary Judgment . . Document filed by William Dunn(in his official capacity), William Dunn(individually). (Lichterman, Ariel) |
| Filing 31 DECLARATION of Ariel Lichterman in Support re: #29 MOTION for Summary Judgment .. Document filed by William Dunn(in his official capacity), William Dunn(individually). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Lichterman, Ariel) |
| Filing 30 RULE 56.1 STATEMENT. Document filed by William Dunn(in his official capacity), William Dunn(individually). (Lichterman, Ariel) |
| Filing 29 MOTION for Summary Judgment . Document filed by William Dunn(in his official capacity), William Dunn(individually).(Lichterman, Ariel) |
| Filing 28 STIPULATION OF PARTIAL VOLUNTARY DISMISSAL AND DISCONTINUANCE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, pursuant to Rule 41(a)(1)(A)(ii), as follows: Any and all claims asserted against THE CITY OF NEW YORK pursuant to 42 U.S.C. 1983 are dismissed with prejudice and without costs, expenses or fees. Plaintiff and Defendant the City of New York have stipulated to the dismissal of Plaintiff's claims against that Defendant with prejudice. The Clerk of Court is directed to remove the name of that Defendant from the caption of this case. City Of New York terminated. (Signed by Judge Gregory H. Woods on 1/16/2018) (mro) |
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Filing 27
ORDER. As discussed during the post-discovery status conference held on December 13, 2017, Defendants' motion for summary judgment is due no later than January 19, 2018. Plaintiff's opposition is due within thirty days following service of Defendants' motion; Defendants' reply, if any, is due fourteen days following service of Plaintiff's opposition. (Signed by Judge Gregory H. Woods on December 19, 2017) (Woods, Gregory)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Status Conference held on 12/13/2017. (Court Reporter Raquel Robles) (Daniels, Anthony) |
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Filing 26
ORDER granting #24 Letter Motion for Conference. Defendants' request to reschedule the post-discovery status conference and for a pre-motion conference is granted. The status conference currently scheduled for December 15, 2017 is rescheduled to December 13, 2017 at 2:00 p.m. Court will hold a pre-motion conference to discuss Defendants' proposed motion for summary judgment during the status conference on December 13, 2017. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Filing 25 JOINT LETTER addressed to Judge Gregory H. Woods from Cyrus Joubin dated 12/7/17 re: Status Report. Document filed by Theresa Rowell.(Joubin, Cyrus) |
| Filing 24 LETTER MOTION for Conference in Advance of Defendants' Anticipated Summary Judgment Motion, and for an Adjournment of the Status Conference to a Different time on the Same Date or a Different Date addressed to Judge Gregory H. Woods from Ariel Lichterman dated December 7, 2017. Document filed by City Of New York, William Dunn(in his official capacity), William Dunn(individually).(Lichterman, Ariel) |
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Filing 23
MEMO ENDORSED: granting #22 Letter Motion for Extension of Time to Complete Discovery. ENDORSEMENT: Application granted. The deadline for the parties to complete discovery is extended to December 1, 2017. The deadline for submission of motions for summary judgment, if any, is extended to December 29, 2017. The status conference scheduled for September 26, 2017 is adjourned to December 15, 2017 at 4:00 p.m. The joint status letter requested in the case management plan and scheduling order entered on May 18, 2017, Dkt. No. 20, is due no later than December 8, 2017. Except as expressly modified by this order, the case management plan entered by the Court on May 18, 2017, Dkt. No. 20, remains in full force and effect. Discovery due by 12/1/2017. Motions due by 12/29/2017.. (Signed by Judge Gregory H. Woods on 9/11/2017) (js)
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| Set/Reset Hearings: Status Conference set for 12/15/2017 at 04:00 PM before Judge Gregory H. Woods. (js) |
| Filing 22 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from Ariel Lichterman dated September 11, 2017. Document filed by City Of New York, William Dunn(in his official capacity), William Dunn(individually).(Lichterman, Ariel) |
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Filing 20
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 9/15/2017. Deposition due by 9/15/2017. Expert Discovery due by 9/15/2017. Motions due by 10/13/2017. This case is to be tried to a jury. Best estimate of the length of trial is 2-3 days. Status Conference set for 9/26/2017 at 4:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 5/18/2017) (ap)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 5/18/2017. (Court Reporter Khris Sellin) (Daniels, Anthony) |
| Filing 19 JOINT LETTER addressed to Judge Gregory H. Woods from Cyrus Joubin dated May 10, 2017 re: Initial Conference. Document filed by Theresa Rowell. (Attachments: #1 Text of Proposed Order Scheduling Order)(Joubin, Cyrus) |
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Filing 18
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/18/2017 at 10:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. And as further set forth in this Order. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/4/2017) (anc)
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Filing 17
ORDER. By letter dated May 2, 2017, Defendants informed the Court that they will be taking a "no pay" position in this matter. As such, it is hereby ordered that this case be removed from the United States District Court for the Southern District of New Yorks Local Civil Rule 83.10 Plan (formerly known as the Section 1983 Plan). So ordered. (Signed by Judge Gregory H. Woods on 5/2/2017) (rjm)
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| Filing 16 LETTER addressed to Judge Gregory H. Woods from Ariel Lichterman dated May 2, 2017 re: Informing Court of Defendants' "No Pay" Position. Document filed by City Of New York, William Dunn(in his official capacity), William Dunn(individually).(Lichterman, Ariel) |
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Filing 15
ORDER. In the Court's April 3, 2017 order, Dkt. No. 13, Defendants were directed to inform the Court no later than May 1, 2017 whether they have taken a "no pay" position in this matter. The Court has not received that information. Defendants are directed to comply with the Court's April 3, 2017 order forthwith. (HEREBY ORDERED by Judge Gregory H. Woods on May 2, 2017) (Text Only Order)(Woods, Gregory)
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(cda) |
| 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 7/14/2017. Mediator to be Assigned by 4/17/2017.(mf) |
| NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(mf) |
| Filing 14 ANSWER to #1 Complaint with JURY DEMAND. Document filed by City Of New York, William Dunn(in his official capacity), William Dunn(individually).(Lichterman, Ariel) |
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Filing 13
ORDER: The Court will allow this case to remain in the Plan for a period of six months from the date of the original order designating it as part of the Plan, after which time the Court will review this case for possible sua sponte removal from the Plan. This action was designated as part of the Plan on January 3, 2017. The six-month period expires on July 5, 2017. Furthermore, if either party wishes to remove this case from the Plan at any time within that period, counsel should notify the Court, and the Court will consider the request. Many cases remain in the Plan for lengthy periods and require the Court's intervention despite those lengthy periods in the Plan. It is this Court's intent to ensure that such cases do not remain in the Plan when resolution through the Plan is unlikely or causing undue delay. As a result, parties wishing to take advantage of mediation under the Plan should make every effort not to cancel or adjourn scheduled mediation sessions. Finally, defendants are directed to inform the Court not later than May 1, 2017 whether they have taken a "no pay" position in this matter. (Signed by Judge Gregory H. Woods on 4/3/2017) (ras)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/24/2017. (Court Reporter Vincent Bologna) (Daniels, Anthony) |
| Filing 12 NOTICE OF APPEARANCE by Ariel Shaun Lichterman on behalf of City Of New York. (Lichterman, Ariel) |
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Filing 11
ORDER. The status conference scheduled for March 16, 2017 is adjourned to March 24, 2017 at 2:30 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on March 16, 2017) (Text Only Order)(Woods, Gregory)
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Filing 10
ORDER: Telephone Conference set for 3/16/2017, at 01:00 PM, before Judge Gregory H. Woods. The Court will hold a conference with respect to the current status of this litigation by telephone on March 16, 2017 at 1:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (Signed by Judge Gregory H. Woods on 03/10/2017) (ap)
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| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. William Dunn(in his official capacity) served on 2/14/2017, answer due 3/7/2017; William Dunn(individually) served on 2/14/2017, answer due 3/7/2017. Service was accepted by Det. Dunn. Service was made by Mail. Document filed by Theresa Rowell. (Joubin, Cyrus) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to William Dunn(in his official capacity), William Dunn(individually). (pc) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to William Dunn, re: #1 Complaint. Document filed by Theresa Rowell. (Joubin, Cyrus) |
| Filing 6 CERTIFICATE OF SERVICE of Summons and Complaint. City Of New York served on 1/11/2017, answer due 2/1/2017. Service was accepted by Betty Mazyck, Docketing Clerk. Document filed by Theresa Rowell. (Joubin, Cyrus) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to City Of New York. (kl) |
| Filing 4 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 PARTY MODIFICATION. Notice to attorney Cyrus Joubin. The party information for the following party/parties has been modified: Detective William Dunn. The information for the party/parties has been modified for the following reason/reasons: The title was entered incorrectly. (kl) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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. (kl) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (kl) |
| Case Designated ECF. (kl) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint. Document filed by Theresa Rowell. (Joubin, Cyrus) |
| Filing 2 CIVIL COVER SHEET filed. (Joubin, Cyrus) |
| Filing 1 COMPLAINT against City Of New York, William Dunn(in his official capacity), William Dunn(individually). (Filing Fee $ 400.00, Receipt Number 0208-13150978)Document filed by Theresa Rowell.(Joubin, Cyrus) |
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