Smith v. City Of New York et al
| Robert Smith |
| Deputy Inspector Marlon Larin, CITY OF NEW YORK, P.O. Gary Cerda, Marlon Larin, Gary Cerda and Michael Vollaro |
| P.O. Michael Vollaro |
| 1:2017cv05231 |
| July 11, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G Schofield |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 15, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 32
STIPULATION AND ORDER OF DISMISSAL: WHEREAS, the parties have reached a settlement agreement and now desire to resolve the remaining issues raised in this litigation, without further proceedings and without admitting any fault or liability; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that 1. The above-referenced action is hereby dismissed with prejudice; and 2. Notwithstanding the dismissal of this action in accordance with this agreement, the District Court shall continue to retain jurisdiction over this action for the purpose of enforcing the terms of the settlement agreement reached between the parties and set forth in the Stipulation of Settlement executed by the parties in this matter. The Clerk of Court is directed to close this case. (Signed by Judge Lorna G. Schofield on 5/15/2018) (mro) Modified on 5/15/2018 (mro).
|
| Filing 31 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Richard Campisi, Esq. dated 04/24/2018 re: #24 FIRST LETTER MOTION for Conference requesting pre-motion conference addressed to Judge Lorna G. Schofield from Elizabeth Connelly dated April 18, 2018. . Document filed by Robert Smith. (Campisi, Richard) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Campisi to RE-FILE Document #28 FIRST LETTER MOTION for Conference re: #25 FIRST LETTER MOTION for Extension of Time to file Request for Interrogatories addressed to Judge Lorna G. Schofield from Richard Campisi, Esq. dated April 18, 2018. Responce to Defendants Let. Use the event type Response to Motion found under the event list Replies, Opposition and Supporting Documents. (ldi) |
|
Filing 30
ORDER: It is hereby ORDERED that Plaintiff may serve written fact discovery requests by May 2, 2018. It is further ORDERED that the parties shall file a joint letter by May 15, 2018, stating whether they would like a referral to a Magistrate Judge or court appointed mediator for settlement discussions without prejudice to the later filing of any dispositive motions, or whether they would like to proceed directly with Defendants' summary judgment motion, and if so including a proposed briefing schedule not to exceed 60 days from the filing of the motion to the filing of the reply. The parties need not file further pre-motion letters and the pre-motion conference is waived. (Signed by Judge Lorna G. Schofield on 5/1/2018) (kgo)
|
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 5/1/2018. (jcs) |
|
Filing 29
ORDER, It is hereby ORDERED that the conference in this matter previously scheduled for May 1, 2018 at 12:00 p.m., is rescheduled for May 1, 2018 at 10:50 a.m., due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling chambers at (212) 805-0288. (Pre-Motion Conference set for 5/1/2018 at 10:50 AM before Judge Lorna G. Schofield., Status Conference set for 5/1/2018 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/30/18) (yv)
|
| Filing 28 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Conference re: #25 FIRST LETTER MOTION for Extension of Time to file Request for Interrogatories addressed to Judge Lorna G. Schofield from Richard Campisi, Esq. dated April 18, 2018. Responce to Defendants Letter Motion addressed to Judge Lorna G. Schofield from Richard Campisi, Esq. dated 4/25/2018. Document filed by Robert Smith.(Campisi, Richard) Modified on 5/7/2018 (ldi). |
|
Filing 27
ORDER granting #24 Letter Motion for Conference. Application GRANTED. The parties shall appear for a pre-motion conference on May 1, 2018, at 12:00 p.m. Plaintiff shall file a response letter in compliance with the Court's Individual Rule III.A.1 by April 25, 2018. Pre-Motion Conference set for 5/1/2018 at 12:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/19/2018) (kgo)
|
| Filing 26 MEMO ENDORSEMENT with respect to #25 Letter Motion for Extension of Time. ENDORSEMENT: This request is untimely and not in compliance with the Court's Individual Rules. Nevertheless, the parties shall appear for a conference to discuss Plaintiff's discovery deadline on May 1, 2018, at 12:00 p.m. (Signed by Judge Lorna G. Schofield on 4/19/2018) (kgo) |
| Set/Reset Hearings: Status Conference set for 5/1/2018 at 12:00 PM before Judge Lorna G. Schofield. (kgo) |
| Set/Reset Deadlines: Responses due by 4/25/2018 (kgo) |
| Filing 25 FIRST LETTER MOTION for Extension of Time to file Request for Interrogatories addressed to Judge Lorna G. Schofield from Richard Campisi, Esq. dated April 18, 2018. Document filed by Robert Smith.(Campisi, Richard) |
| Filing 24 FIRST LETTER MOTION for Conference requesting pre-motion conference addressed to Judge Lorna G. Schofield from Elizabeth Connelly dated April 18, 2018. Document filed by Gary Cerda, City Of New York, Marlon Larin, Michael Vollaro.(Connelly, Elizabeth) |
|
Filing 23
MEMO ENDORSEMENT on re: #22 Status Report filed by City Of New York, Marlon Larin, Gary Cerda, Michael Vollaro. ENDORSEMENT: The status conference scheduled for April 10, 2018, at 10:40 a.m. is CANCELED. The parties are reminded to file their second status letter on June 6, 2018, in accordance with the Order dated January 23, 2018. (Signed by Judge Lorna G. Schofield on 3/30/2018) (kgo)
|
| Filing 22 STATUS REPORT. Document filed by Gary Cerda, City Of New York, Marlon Larin, Michael Vollaro.(Connelly, Elizabeth) |
| Set/Reset Hearings: Status Conference set for 4/10/2018 at 10:40 AM before Judge Lorna G. Schofield. (kgo) |
| Filing 21 MEMO ENDORSEMENT on re: #20 Status Report filed by City Of New York, Marlon Larin, Gary Cerda, Michael Vollaro. ENDORSEMENT: The parties' letter does not comply with the Court's individual Rule IV.A.2. The parties shall file a compliant status letter as soon as possible and no later than March 29, 2018. A status conference will be held on April 10, 2018, at 10:40 a.m. to discuss the issues raised in the parties' status letter. If Defendants file a letter by April 3, 2018, informing the Court that Plaintiff has served its discovery responses, the status conference will be canceled. Status Conference set for 4/10/2018 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/26/2018) (kgo) Modified on 3/30/2018 (kgo). |
| Filing 20 STATUS REPORT. Joint status letter pursuant to Case Management Plan Document filed by Gary Cerda, City Of New York, Marlon Larin, Michael Vollaro.(Connelly, Elizabeth) |
|
Filing 19
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). Joinder of Parties due by 2/23/2018. Amended Pleadings due by 2/23/2018. Fact Discovery due by 5/23/2018. Deposition due by 5/23/2018. This case is to be tried to a jury. Best estimate of the length of trial is 2 days. Case Management Conference set for 6/12/2018 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/23/2018) (ap)
|
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 1/23/2018. (jcs) |
| Filing 18 JOINT LETTER addressed to Judge Lorna G. Schofield from Elizabeth Connelly dated January 17, 2018 re: in regards to the Courts Order, dated January 17, 2018. Document filed by Gary Cerda, City Of New York, Marlon Larin, Michael Vollaro. (Attachments: #1 Supplement Case Management Plan)(Connelly, Elizabeth) |
|
Filing 17
ORDER: ORDERED that the parties shall file the joint letter and proposed case management plan as soon as possible and no later than January 19, 2018, and as further set forth in this order. (Signed by Judge Lorna G. Schofield on 1/17/2018) (ap)
|
| Filing 16 MEMO ENDORSEMENT on re: #15 Letter, filed by City Of New York, Marlon Larin, Gary Cerda, Michael Vollaro. ENDORSEMENT: Application GRANTED. An initial pretrial conference will be held on January 23, 2018, at 10:50 a.m. The parties shall file a joint letter and proposed case management plan no later than seven days before the conference, in accordance with the Court's Individual Rules. ( Initial Conference set for 1/23/2018 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/27/2017) (kgo) |
| Filing 15 MONTHLY LETTER addressed to Judge Lorna G. Schofield from Elizabeth Connelly dated December 22, 2017 re: joint status letter regarding status of mediation. Document filed by Gary Cerda, City Of New York, Marlon Larin, Michael Vollaro.(Connelly, Elizabeth) |
| Mediator Session Held on 12/20/2017 at 40 Foley Square.(mf) |
| Filing 13 JOINT LETTER addressed to Judge Lorna G. Schofield from Elizabeth Connelly dated November 24, 2017 re: joint status letter regarding status of mediation. Document filed by Gary Cerda, City Of New York, Marlon Larin, Michael Vollaro.(Connelly, Elizabeth) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 12/20/2017, 10:00 AM at the U.S. Courthouse located at 40 Foley Square New York, NY 10007.(cda) |
|
Filing 12
ORDER. It is hereby ORDERED that parties shall file a joint status letter on November 23, 2017, and every 30 days thereafter regarding the status of mediation. (Signed by Judge Lorna G. Schofield on 10/24/17) (yv)
|
| 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 1/25/2018. Mediator to be Assigned by 10/27/2017.(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 11 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Gary Cerda, City Of New York, Marlon Larin, Michael Vollaro.(Connelly, Elizabeth) |
| Filing 10 AFFIDAVIT OF SERVICE. Marlon Larin served on 9/5/2017, answer due 9/26/2017. Service was accepted by P.O. CASELL. Service was made by MAIL. Document filed by Robert Smith. (Campisi, Richard) |
| Filing 9 AFFIDAVIT OF SERVICE. Michael Vollaro served on 8/3/2017, answer due 8/24/2017. Service was accepted by MICHAEL VOLLARO, POLICE OFFICER. Document filed by Robert Smith. (Campisi, Richard) |
| Filing 8 AFFIDAVIT OF SERVICE. Gary Cerda served on 8/3/2017, answer due 8/24/2017. Service was accepted by GARY CERDA, POLICE OFFICER. Document filed by Robert Smith. (Campisi, Richard) |
| Filing 7 AFFIDAVIT OF SERVICE. City Of New York served on 7/28/2017, answer due 8/18/2017. Service was accepted by B. MAZYCK, LEGAL CLERK. Document filed by Robert Smith. (Campisi, Richard) |
| Filing 6 NOTICE OF APPEARANCE by Elizabeth Colette Connelly on behalf of City Of New York. (Connelly, Elizabeth) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Gary Cerda, City Of New York, Marlon Larin, Michael Vollaro. (rch) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, New York City Police Deputy Inspector Marlin Larin, New York City Police Officer Gary Cerda, New York City Police Officer Michael Vollaro, re: #1 Complaint. Document filed by Robert Smith. (Campisi, Richard) |
| Filing 3 CIVIL COVER SHEET filed. (Campisi, Richard) |
| Filing 2 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 Richard Campisi. The party information for the following party/parties has been modified: CITY OF NEW YORK, Gary Cerda, Marlon Larin, Michael Vollaro. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Richard Campisi. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Filing 1 COMPLAINT against CITY OF NEW YORK, Gary Cerda, Marlon Larin, Michael Vollaro. (Filing Fee $ 400.00, Receipt Number 0208-13884585)Document filed by Robert Smith.(Campisi, Richard) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
