Williams v. Aaron Johnson et al
| Williams and Jamal Williams |
| CITY OF NEW YORK, John Does 1-5 and Aaron Johnson |
| 1:2017cv02351 |
| March 31, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Barbara C Moses |
| Edgardo Ramos |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on January 19, 2021. A more recent docket listing may be available from PACER.
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Filing 78
ORDER DISMISSING CASE AND IMPOSING SANCTIONS: For the reasons stated above, plaintiff's December 30, 2020 letter-motion (Dkt. No. 70) is GRANTED to the extent that: 1. This action is DISMISSED WITH PREJUDICE; and 2. The Law Department shall promptly pay the sum of $100 to the Clerk of Court. The Clerk of Court is respectfully directed to close the case. SO ORDERED., Motions terminated: #70 LETTER MOTION for Conference (to discuss (i) motion to withdraw action and (ii) for sanctions addressed to Magistrate Judge Barbara C. Moses from Michael Lumer dated 12/30/2020. LETTER MOTION for Extension of Time to File /submit further pretrial filings addressed to Magistrate Judge Barbara C. Moses from Michael Lumer dated 12/30/2020. filed by Jamal Williams. (Signed by Magistrate Judge Barbara C. Moses on 1/19/2021) (ama)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 1/15/2021. (Snell, Kevin)
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Filing 77
NOTICE OF APPEARANCE by Hannah Victoria Faddis on behalf of Aaron Johnson..(Faddis, Hannah)
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Filing 76
ORDER: The conference currently scheduled for January 15, 2021 at 10:00 a.m. shall instead start at 11:00 a.m. ( Telephone Conference set for 1/15/2021 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/14/2021) (cf)
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Filing 75
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Bilal Haider dated January 12, 2021 Document filed by Aaron Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A).(Haider, Bilal)
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Filing 74
ORDER: This action, in which plaintiff seeks damages for wrongful prosecution and denial of the right to a fair trial, is scheduled for a bench trial commencing January 25, 2021. (Dkt. No. 59.) By letter-motion dated December 30, 2020, plaintiff informed the Court that in light of a certain video produced by defendant one day earlier the content of which would substantially undercut plaintiff's claims plaintiff intended to seek (i) the dismissal of this action with prejudice pursuant to Rule 41(a)(2), and (ii) discovery sanctions against defendant, pursuant to Rule 37(d), for his failure to produce the video during the discovery period. Pl. Ltr. (Dkt. No. 70) at 1, 2. In a responding letter, also dated December 30, 2020, defendant joined the motion to dismiss but opposed the motion for sanctions. Defendant asserted that plaintiff was well aware of the video because it was "recovered from plaintiff's own public Facebook page prior to the underlying incident in this action," and that, in any event, "previous defense counsel," who deemed the video "pure impeachment evidence that was not responsive to plaintiff's discovery requests," did not "intentionally withhold discoverable evidence." Def. Ltr. (Dkt. No. 72) at 1, 2. In a reply letter dated January 4, 2021, plaintiff challenges defendant's factual assertions about the provenance of the video, noting that it is not mentioned in any of the "police paperwork and discovery produced in the criminal case." Pl. Reply Ltr. (Dkt. No. 73) at 1. No separate motion papers having been filed, the Court construes plaintiff's December 30 letter as his motion to dismiss and for sanctions, and deems the motions fully briefed. The Court has already adjourned the parties' January 4, 2021 deadline for submitting their joint pretrial order and related materials. (Dkt. No. 71.) The Court hereby VACATES the remainder of the parties' pretrial schedule; VACATES the January 25, 2021 trial date, and ORDERS the parties to appear by telephone on January 15, 2021, at 10:00 a.m. (the same time as the previously-scheduled final pretrial conference) for argument on the motions to dismiss and for sanctions. At that time, the parties shall call (888) 557-8511 and enter the access code 7746387. Please treat the conference as you would a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. In advance of the argument, and no later than January 12, 2021, the parties shall file a joint letter in which lists (without argument) each discovery request (including, if applicable, deposition questions) that, in either party's view, required the opposing party to disclose the video. Each such request, together with its response, if any, shall be attached as an exhibit to the joint letter. Additionally, the parties shall submit a copy of the video in question, preferably by uploading it to the internet and providing a link in the joint letter. Alternatively, the parties may (without argument) email the video file to Moses_NYSDChambers@nysd.uscourts.gov. (Signed by Magistrate Judge Barbara C. Moses on 1/6/2021) (nb)
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Filing 73
LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Michael Lumer dated 1/4/2021 re: #70 LETTER MOTION for Conference (to discuss (i) motion to withdraw action and (ii) for sanctions addressed to Magistrate Judge Barbara C. Moses from Michael Lumer dated 12/30/2020. LETTER MOTION for Extension of Time to File /submit further pretrial filings addressed to Magistrate Judge Barbara C. Moses from Michael Lumer dated 12/30/2020. . Document filed by Jamal Williams..(Lumer, Michael)
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Filing 72
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Bilal Haider dated December 30, 2020 re: #70 LETTER MOTION for Conference (to discuss (i) motion to withdraw action and (ii) for sanctions addressed to Magistrate Judge Barbara C. Moses from Michael Lumer dated 12/30/2020. LETTER MOTION for Extension of Time to File /submit further pretrial filings addressed to Magistrate Judge Barbara C. Moses from Michael Lumer dated 12/30/2020. . Document filed by Aaron Johnson..(Haider, Bilal)
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Filing 71
ORDER with respect to #70 Motion for Conference ; with respect to #70 Motion for Extension of Time to File. Defendant shall respond to plaintiff's letter-motion no later than January 4, 2021. The January 4 deadline for submitting the Joint Pretrial Order and related materials is hereby ADJOURNED SINE DIE. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/30/2020) (kv)
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Filing 70
LETTER MOTION for Conference (to discuss (i) motion to withdraw action and (ii) for sanctions addressed to Magistrate Judge Barbara C. Moses from Michael Lumer dated 12/30/2020., LETTER MOTION for Extension of Time to File /submit further pretrial filings addressed to Magistrate Judge Barbara C. Moses from Michael Lumer dated 12/30/2020. Document filed by Jamal Williams. (Attachments: #1 Exh. 1 - 12.29.2020 letter from ACC Haider, #2 Exh. 2 - Emails between counsel).(Lumer, Michael)
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Set/Reset Deadlines: Responses due by 1/4/2021 (kv)
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Filing 69
MEMO ENDORSEMENT: on re: #68 Letter filed by Aaron Johnson. ENDORSEMENT: The Court notes that the reason it requires direct testimony to be submitted by affidavit prior to a bench trial is to limit the opportunity for "trial by ambush" and to reduce-not encourage- trial gamesmanship. The Court further notes that if defendant fails to submit any direct testimony from Officer Johnson by affidavit, the cross- examination of Officer Johnson during plaintiff's case in chief will be limited to the scope of the direct. See Fed. R. Evid. 611(b). Thus, if plaintiff changes his mind and does not call Officer Johnson during his case in chief, defendant will be unable to testify during his own case. Plaintiff may respond to defendant's letter by 5:00 p.m. on December 29, 2020. The parties are reminded that affidavits are due on January 4, 2021. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/28/2020) (ama)
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Filing 68
LETTER addressed to Magistrate Judge Barbara C. Moses from Bilal Haider dated December 24, 2020 re: defendant's anticipated trial testimony. Document filed by Aaron Johnson..(Haider, Bilal)
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Filing 67
ORDER RE MOTION IN LIMINE granting #60 Motion in Limine. Since defendant's limine motion, to the extent not withdrawn, is unopposed, it is GRANTED. Plaintiff is precluded, at trial, from inquiring about any disciplinary history and/or civil rights actions filed against defendant Johnson. To the extent plaintiff's opposition brief was intended as a cross-motion seeking a limine order as to his criminal history (if any) or as to evidence concerning the "prior professional achievements and good citizenship" of the defendant or other police witnesses, the motion is DENIED as untimely. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 12/8/2020) (cf)
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Filing 66
MEMORANDUM OF LAW in Opposition re: #60 FIRST MOTION in Limine . . Document filed by Jamal Williams..(Lumer, Michael)
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Filing 65
DECLARATION of Michael Lumer in Opposition re: #60 FIRST MOTION in Limine .. Document filed by Jamal Williams. (Attachments: #1 Exh 1: 6/6/2016 Criminal Court Transcript).(Lumer, Michael)
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Filing 64
LETTER addressed to Magistrate Judge Barbara C. Moses from Bilal Haider dated December 2, 2020 re: Defendant's MIL (ECF Nos. 60-62). Document filed by Aaron Johnson..(Haider, Bilal)
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Filing 63
ORDER: The Chief Judge having suspended in-person proceedings in the courthouses of this District "through" January 15, 2021, see Standing Order M-10-468 (CM) (Nov. 30, 2020), the final pretrial conference in this action, currently scheduled to take place on January 15, 2021, at 10:00 a.m., in the Daniel Patrick Moynihan United States Courthouse, will instead take place over videoconference via Skype for Business. The Court will email the videoconference information to the parties upon receipt of the parties Joint Pretrial Order and related materials. An audio line will be available to nonparties, including members of the public and/or the press, by dialing (917) 933-2166 and entering the code 590077675. This Order does not affect any other requirements of the Court's November 6, 2020 Trial Scheduling Order (Dkt. No. 59). SO ORDERED. ( Telephone Conference set for 1/15/2021 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/1/2020) (cf) Modified on 12/2/2020 (cf). (Main Document 63 replaced on 12/2/2020) (cf). Modified on 12/2/2020 (ks). (Main Document 63 replaced on 12/2/2020) (ks).
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Filing 62
MEMORANDUM OF LAW in Support re: #60 FIRST MOTION in Limine . . Document filed by Aaron Johnson..(Haider, Bilal)
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Filing 61
DECLARATION of Bilal Haider in Support re: #60 FIRST MOTION in Limine .. Document filed by Aaron Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Haider, Bilal)
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Filing 60
FIRST MOTION in Limine . Document filed by Aaron Johnson..(Haider, Bilal)
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Filing 59
TRIAL SCHEDULING ORDER: Any motions in limine, including defendant's anticipated motion based on Lanning v. City of Glens Falls, 908 F.3d 19 (2d Cir, 2018), and McDonough v. Smith, 139 S. Ct. 2149 (2019), shall be filed no later than November 20, 2020. Opposition papers shall be filed no later than December 4, 2020. Reply papers, if any, shall be filed no later than December 11, 2020. No later than January 4, 2021, the parties shall file their proposed Joint Pretrial Order (JPTO) on ECF and email a courtesy copy, in Word format, to Moses_NYSDChambers@nysd.uscourts.gov. The parties, through counsel, shall appear for a final pretrial conference on January 15, 2021 at 10:00 a.m., at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. Trial shall commence on January 25, 2021, at 9:30 a.m., at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. (As further set forth in this Order.) The Clerk of Court is respectfully directed to update the caption of this case to read as Jamal Williams v. Aaron Johnson. Motions due by 11/20/2020. Responses due by 12/4/2020 Replies due by 12/11/2020. Final Pretrial Conference set for 1/15/2021 at 10:00 AM before Magistrate Judge Barbara C. Moses. Proposed Pretrial Order due by 1/4/2021. Jury Trial set for 1/25/2021 at 09:30 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 11/6/2020) (cf)
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Filing 58
NOTICE of Substitution of Attorney. Old Attorney: Alison Mitchel and Tobias Zimmerman, New Attorney: Bilal Haider, Address:. Document filed by Aaron Johnson..(Haider, Bilal)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Trial Scheduling Conference held on 11/5/2020. (Snell, Kevin)
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Filing 57
STATUS REPORT. (Joint) Document filed by Aaron Johnson..(Haider, Bilal)
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Filing 56
NOTICE OF APPEARANCE by Bilal Husain Haider on behalf of Aaron Johnson..(Haider, Bilal)
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Filing 55
ORDER: A telephonic trial scheduling conference will take place on November 5, 2020 at 11:00 a.m. At that time the parties shall call (888) 557-8511 and enter the access code 7746387. Please treat the conference as you would a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. (As further set forth in this Order.) ( Telephone Conference set for 11/5/2020 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/16/2020) (cf)
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Filing 54
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge Edgardo Ramos on 10/6/2020) (mro)
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Filing 53
ORDER granting #52 Letter Motion to Adjourn Conference. The parties' request is granted. The May 24, 2019 deadline and the June 20 and June 25, 2019 conferences are canceled. SO ORDERED. (Signed by Judge Edgardo Ramos on 5/23/2019) (kv)
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Filing 52
JOINT LETTER MOTION to Adjourn Conference Scheduled for June 20, 2019, Pretrial Materials Due May 24, 2019, and Trial Scheduled for June 25, 2019 addressed to Judge Edgardo Ramos from Alison S. Mitchell dated May 22, 2019. Document filed by Aaron Johnson. (Attachments: #1 Text of Proposed Order Notice, Consent and Reference to Magistrate Moses)(Mitchell, Alison)
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Filing 51
ORDER granting #50 Letter Motion to Adjourn Conference. The application is granted. SO ORDERED. Jury Trial set for 6/25/2019 at 09:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 5/1/2019) (kv)
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Filing 50
CONSENT LETTER MOTION to Adjourn Conference /trial from June 24 to June 25, 2019, addressed to Judge Edgardo Ramos from Michael Lumer dated 5/1/2019. Document filed by Jamal Williams.(Lumer, Michael)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Interim Pretrial Conference held on 4/25/2019. Plaintiff's counsel present. Defendant's counsel present. A jury trial is scheduled to commence on Monday, June 24, 2019, at 9:00 a.m. Joint pretrial order, proposed voir dire, jury instructions, and verdict sheets are due May 24, 2019. Responses thereto are due June 7, 2019. A final pretrial conference will be held on June 20, 2019 at 2:30 p.m. ( Pretrial Order due by 5/24/2019. Final Pretrial Conference set for 6/20/2019 at 02:30 PM before Judge Edgardo Ramos. Jury Trial set for 6/24/2019 at 09:00 AM before Judge Edgardo Ramos.) (jar)
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Filing 49
ORDER granting #48 Letter Motion to Adjourn Conference. The April 12 pretrial conference is adjourned to April 25,2019, at 3:15 p.m. (Pretrial Conference set for 4/25/2019 at 03:15 PM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 48
CONSENT LETTER MOTION to Adjourn Conference scheduled for April 12, 2019, addressed to Judge Edgardo Ramos from Michael Lumer dated April 2, 2019. Document filed by Jamal Williams.(Lumer, Michael)
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Filing 47
OPINION & ORDER re: #34 MOTION for Summary Judgment: For the reasons set forth above, Johnson's motion for summary judgment is GRANTED as to Williams' claims for false arrest and failure to intervene and DENIED as to Williams' claims for malicious prosecution and denial of right to fair trial. The parties are instructed to appear for a pretrial conference at 10:30AM, April 12, 2019, at Courtroom 619, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The Clerk of Court is respectfully directed to terminate the motion, Doc. 34. (Pretrial Conference set for 4/12/2019 at 10:30 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/31/2019) (jwh)
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Filing 46
REPLY MEMORANDUM OF LAW in Support re: #34 MOTION for Summary Judgment . . Document filed by Aaron Johnson. (Mitchell, Alison)
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Filing 45
RULE 56.1 STATEMENT. Document filed by Aaron Johnson. (Mitchell, Alison)
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Filing 44
DECLARATION of Alison S. Mitchell in Support re: #34 MOTION for Summary Judgment .. Document filed by Aaron Johnson. (Attachments: #1 Exhibit C)(Mitchell, Alison)
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Filing 43
RESPONSE in Opposition to Motion re: #34 MOTION for Summary Judgment . (Plaintiff's Responsive Statement and Counter-Statement pursuant to Local Rule 56.1). Document filed by Jamal Williams. (Lumer, Michael)
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Filing 42
MEMORANDUM OF LAW in Opposition re: #34 MOTION for Summary Judgment . . Document filed by Jamal Williams. (Lumer, Michael)
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Filing 41
DECLARATION of Michael Lumer in Opposition re: #34 MOTION for Summary Judgment .. Document filed by Jamal Williams. (Attachments: #1 Exh 1 - Def Johnson deposition excerpts, #2 Exh 2 - Pltf Williams deposition excerpts, #3 Exh 3 - Criminal Court complaint)(Lumer, Michael)
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time to File Response/Reply re #34 MOTION for Summary Judgment. Response due by July 16, 2018. Reply due by July 30, 2018. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 39
CONSENT LETTER MOTION for Extension of Time to File Response/Reply to defendants' motion for summary judgment, and defendants' time to reply, by one week, addressed to Judge Edgardo Ramos from Michael Lumer dated 7/6/2018. Document filed by Jamal Williams.(Lumer, Michael)
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Filing 38
STIPULATION OF PARTIAL DISMISSAL AS TO PLAINTIFF'S MONELL CLAIMS PURSUANT TO 41(a)(1)(A)(ii) AGAINST DEFENDANT CITY OF NEW YORK: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: 1. Plaintiff Jamal William's Second and Third Claims (Municipal Liability), asserted in his Complaint (See ECF No. 1, paragraph 42-81) against defendant City of New York are hereby dismissed with prejudice, and without costs, expenses, or attorneys' fees, and as further set forth in this stipulation. City of New York terminated. (Signed by Judge Edgardo Ramos on 5/22/2018) (jwh)
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Filing 37
MEMORANDUM OF LAW in Support re: #34 MOTION for Summary Judgment . . Document filed by Aaron Johnson. (Mitchell, Alison)
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Filing 36
RULE 56.1 STATEMENT. Document filed by Aaron Johnson. (Mitchell, Alison)
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Filing 35
DECLARATION of Alison S. Mitchell in Support re: #34 MOTION for Summary Judgment .. Document filed by Aaron Johnson. (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, #16 Exhibit P)(Mitchell, Alison)
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Filing 34
MOTION for Summary Judgment . Document filed by Aaron Johnson.(Mitchell, Alison)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 3/16/2018. Plaintiff's counsel present. Defendants' counsel present. Defendants are granted leave to file a motion for summary judgment with the following briefing schedule: moving papers due May 21, 2018; opposition due July 9, 2018; and reply due July 23, 2018. (Motions due by 5/21/2018. Responses due by 7/9/2018. Replies due by 7/23/2018.) (Court Reporter Lisa Fellis) (jar)
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Filing 33
LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Michael Lumer dated March 12, 2018 re: #31 LETTER MOTION for Conference Regarding Summary Judgment Motion addressed to Judge Edgardo Ramos from Alison S. Mitchell dated March 7, 2018. . Document filed by Jamal Williams. (Lumer, Michael)
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Filing 32
ORDER granting #31 Letter Motion for Conference. A pre-motion conference will be held on March 16, 2018 at 10:00 am. Plaintiff is directed to file a written response not longer than 3 pages by 5:00 pm Wednesday, March 14, 2018. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 31
LETTER MOTION for Conference Regarding Summary Judgment Motion addressed to Judge Edgardo Ramos from Alison S. Mitchell dated March 7, 2018. Document filed by City of New York, Aaron Johnson.(Mitchell, Alison)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Status Conference held on 1/18/2018. Plaintiff's counsel present. Defendant's counsel present. (jar)
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Filing 30
LETTER addressed to Judge Edgardo Ramos from Alison S. Mitchell dated December 15, 2017 re: Law Enforcement Privilege. Document filed by City of New York, Aaron Johnson.(Mitchell, Alison)
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Filing 29
LETTER addressed to Judge Edgardo Ramos from Michael Lumer dated 12/15/17 re: defendants' assertion of the law enforcement privilege during defendant Johnson's deposition. Document filed by Jamal Williams.(Lumer, Michael)
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. Defendant's letter brief regarding the issue of Plaintiff's deposition questioning of defendant Aaron Johnson is now due December 15, 2017. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 27
LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Alison S. Mitchell dated December 6, 2017. Document filed by City of New York, Aaron Johnson.(Mitchell, Alison)
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Filing 25
MEDIATION WITHDRAWAL ORDER: It is hereby ORDERED that this case is withdrawn from the Court-annexed Mediation Program. (Signed by Judge Edgardo Ramos on 8/17/2017) (jwh) Modified on 9/19/2017 (jwh).
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Filing 24
LETTER addressed to Judge Edgardo Ramos from Alison S. Mitchell dated 8/17/17 re: Mediation. Document filed by City of New York, Aaron Johnson.(Mitchell, Alison)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(cda)
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NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(mf)
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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 11/15/2017. Mediator to be Assigned by 8/17/2017.(mf)
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Filing 23
ANSWER to #1 Complaint with JURY DEMAND. Document filed by City of New York, Aaron Johnson.(Mitchell, Alison)
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Filing 22
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducing all further proceedings before a Magistrate Judge, including motions and trial. The case is to be tried to a jury. Amended Pleadings due by 9/23/2017. Joinder of Parties due by 9/23/2017. Non-expert Deposition due by 1/17/2018. Expert Depositions due by 30 days after service of reports. Discovery due by 1/17/2018. Case Management Conference set for 1/18/2018 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 7/14/2017) (jwh)
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Filing 21
LETTER addressed to Judge Edgardo Ramos from Alison S. Mitchell, on behalf of Defendants dated July 13, 2017 re: Respectfully Informing the Court that Defendants Withdraw Their Pre-Motion Application and Respectfully Submitting a Case Management. Document filed by City of New York, Aaron Johnson. (Attachments: #1 Exhibit Case Management Plan)(Goykadosh, Brachah)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 7/6/2017. Plaintiff's counsel present. Defendant's counsel present. The parties shall advised the Court by Thursday, July 13, 2017, whether (1) Defendants will file a motion to dismiss and provide a proposed briefing schedule or (2) the parties will proceed with discovery and provide the Court with a proposed case management plan. (Court Reporter Carol Ganley) (jar)
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DOCKET ANNOTATION: Rescheduling Notice. The pre-motion conference previously scheduled for June 29, 2017, is hereby rescheduled to July 6, 2017, at 10:00 am.(jar)
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Set/Reset Hearings: Pre-Motion Conference set for 7/6/2017 at 10:00 AM before Judge Edgardo Ramos. (jar)
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Filing 20
LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Michael Lumer dated June 21, 2017 re: #16 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Alison S. Mitchell dated 6/9/17. . Document filed by Jamal Williams. (Lumer, Michael)
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Filing 19
ORDER granting #18 Letter Motion to Adjourn Conference. The application is granted. The pre-motion conference scheduled for June 28, 2017 is adjourned to June 29, 2017 at 10 a.m. So Ordered Pre-Motion Conference set for 6/29/2017 at 10:00 AM before Judge Edgardo Ramos.. (Signed by Judge Edgardo Ramos on 6/19/2017) (js)
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Filing 18
MOTION to Adjourn Conference . Document filed by City of New York, Aaron Johnson.(Mitchell, Alison)
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Filing 17
ORDER granting #16 Letter Motion for Conference. The application is granted. A pre-motion conference is scheduled for June 28, 2017 at 2:30 pm. Plaintiff is directed to reply to Defendant's letter by June 21, 2017. (Pre-Motion Conference set for 6/28/2017 at 02:30 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 6/9/2017) (ras)
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Filing 16
LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Alison S. Mitchell dated 6/9/17. Document filed by City of New York, Aaron Johnson.(Mitchell, Alison)
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Filing 15
NOTICE OF APPEARANCE by Alison Sue Mitchell on behalf of City of New York, Aaron Johnson. (Mitchell, Alison)
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Filing 14
NOTICE OF CHANGE OF ADDRESS by Michael Benjamin Lumer on behalf of Jamal Williams. New Address: Lumer Law Group, 225 Broadway, Suite 2700, New York, New York, United States 10007, 2125665060. (Lumer, Michael)
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Filing 13
SUMMONS RETURNED EXECUTED. Aaron Johnson served on 4/12/2017, answer due 5/3/2017. Service was accepted by Aaron Johnson. Document filed by Jamal Williams. (Lumer, Michael)
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Filing 12
NOTICE OF APPEARANCE by Tobias Eli Zimmerman on behalf of City of New York. (Zimmerman, Tobias)
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Filing 11
SUMMONS RETURNED EXECUTED. City of New York served on 4/6/2017, answer due 4/27/2017. Service was accepted by I. Contreras. Document filed by Jamal Williams. (Lumer, Michael)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Aaron Johnson. (pc)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to City of New York. (pc)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Aaron Johnson, re: #1 Complaint. Document filed by Jamal Williams. (Lumer, Michael)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint. Document filed by Jamal Williams. (Lumer, Michael)
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Filing 6
CIVIL COVER SHEET filed. (Lumer, Michael)
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Filing 5
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)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Benjamin Lumer. The party information for the following party/parties has been modified: CITY OF NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (kl)
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***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Benjamin Lumer. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (kl)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Benjamin Lumer to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated July 2016. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated July 2016. The S.D.N.Y. Civil Cover Sheet dated July 2016 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (kl)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #3 Request for Issuance of Summons, #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form. 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. (kl)
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Magistrate Judge Barbara C. Moses is so designated. (kl)
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***DELETED DOCUMENT. Deleted document number #6 ELECTRONIC SUMMONS ISSUED. The document was incorrectly filed in this case. (kl)
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Case Designated ECF. (kl)
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Filing 4
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Aaron Johnson, re: #1 Complaint. Document filed by Jamal Williams. (Lumer, Michael) Modified on 4/3/2017 (kl).
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Filing 3
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 Jamal Williams. (Lumer, Michael) Modified on 4/3/2017 (kl).
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Filing 2
FILING ERROR - DEFICIENT CIVIL COVER SHEET -PDF ERROR CIVIL COVER SHEET filed. (Lumer, Michael) Modified on 4/3/2017 (kl).
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Filing 1
COMPLAINT against CITY OF NEW YORK, John Does 1-5, Aaron Johnson. (Filing Fee $ 400.00, Receipt Number 0208-13490880)Document filed by Jamal Williams.(Lumer, Michael)
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