McKenzie v. City of New York et al
| Franklin McKenzie |
| City of New York, NYPD Officer Francis Twum, NYPD Officer Paul Catanzarita, Shield No. 13287 and NYPD Officer John and Jane Does 1-4 |
| 1:2017cv04899 |
| June 28, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A. Engelmayer |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
148
ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 147, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to th e right to reopen the action within thirty days of the date of this Order if the settlement is not consummated, as further set forth in this order. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 103, 143, and 145, and to close this case. (Signed by Judge Paul A. Engelmayer on 3/11/2020) (jwh)
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Filing
140
ORDER denying 139 Letter Motion to Adjourn Conference: The Court denies the City's request to adjourn the trial, which will go forward, as long scheduled, on April 13, 2020. Plaintiff has a right to have his claims adjudicated timely, and de fendant Catanzarita had no business scheduling a vacation in conflict with the trial date, which has been set since November 19, 2019. The Court orders defendant Catanzarita to attend the trial in person. Following Catanzarita's anticipated trial testimony, the Court will then entertain an application for him to be excused from further attendance. (Signed by Judge Paul A. Engelmayer on 2/6/2020) (jwh)
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Filing
120
ORDER granting 119 Motion to Seal Document: The Court has reviewed the proposed redactions to defendants' response to plaintiff's Rule 56.1 statement, reply declaration of counsel, and exhibits O, P, and Q. The motion to file these items in redacted form, Dkt. 119, is granted. Counsel should file the unredacted documents under seal in accordance with this district's procedures. (Signed by Judge Paul A. Engelmayer on 1/10/2020) (jwh)
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Filing
101
ORDER: For the reasons stated on the record at the case management conference held Wednesday, November 20, 2019, the parties are hereby directed as follows: Defendant's motion for summary judgment on plaintiff's Monell claims is due by Dec ember 4, 2019; Plaintiff's brief in opposition is due by December 18, 2019; Defendant's reply brief is due by December 30, 2019; The parties' joint pretrial order, along with any opening motions in limine, are due by January 13, 202 0. Counsel are directed to the Court's individual rules regarding the associated pretrial submissions due on this date; Any opposition briefs to the motions in limine are due by January 24, 2020. A final pretrial conference is set for April 6, 2020 at 10 a.m. A jury trial is set for April 13, 2020. The parties are directed to keep their schedules open for the entire week. (Motions due by 1/13/2020. Pretrial Order due by 1/13/2020. Responses due by 1/24/2020. Replies due by 12/30/2019. Final Pretrial Conference set for 4/6/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/21/2019) (jwh)
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Filing
83
OPINION & ORDER re: 64 MOTION for Partial Summary Judgment filed by NYPD Officer Francis Twum, NYPD Officer Paul Catanzarita, Shield No. 13287, City of New York. For the foregoing reasons, the Court grants defendants' mot ion for summary judgment on McKenzie's false arrest claim against Catanzarita and his excessive force and First Amendment retaliation claims against both Catanzarita and Twum. The Court, however, otherwise denies defendants' motion for su mmary judgment. This case is now ready to proceed to trial on the remaining claims, unless discovery is now sought on the Monell claim as to which the Court stayed discovery. The Court directs the parties to confer, and by July 29, 2019, to file a joint letter apprising the Court (1) as to their views whether to pursue Monell discovery, and, if so, as to a prompt schedule for completion of such discovery; and (2) of the anticipated length of the trial. Barring notice that the case is on t rack for a prompt settlement, the Court expects then to set a schedule requiring submissions, shortly, of a Joint Pretrial Order and the other required pretrial filings set forth in the Court's Individual Rules. The Court respectfully directs the Clerk of Court to terminate the motions pending at Dkts. 55 and 64. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/22/2019) (anc)
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