Drayton v. Young et al
| Frank Samuel Drayton |
| William Young, Jr., Michael Davis, George Lopez and Jason Gorr |
| 1:2017cv05440 |
| July 17, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
220
ORDER granting 219 Letter Motion to Stay re: 219 JOINT LETTER MOTION to Stay and Adjourn Conference addressed to Judge Kenneth M. Karas from Hannah Y. Chanoine dated October 7, 2021. Granted. SO ORDERED.. (Signed by Judge Kenneth M. Karas on 10/7/2021) (kv)
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Filing
214
ORDER granting 213 Letter Motion to Adjourn Conference. Granted. The Court will hold a teleconference on November 10, 2021 at 12:00 pm. So Ordered. ( Telephone Conference set for 11/10/2021 at 12:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/20/21) (yv)
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Filing
211
AMENDED SCHEDULING ORDER: PLEASE NOTE: THE TELEPHONE CONFERENCE SCHEDULED FOR 9/24/21 AT 9:30 AM IS ADJOURNED. The Court has scheduled a Settlement Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on September 27, 2021 at 2:30 p.m. Please note Judge Davison's COVID-19 Order (docketed separately) setting forth procedures applicable to all civil cases. Counsel should have either: full independent settlement authority; principals present; or principals read ily available by telephone. Counsel are encouraged, but not required, to submit a confidential, ex parte letter to the Court, not to exceed 5 pages in length, no later than two (2) business days prior to the conference, outlining any information co unsel believes would assist the Court in preparation for the conference. Until further notice, any such ex parte letter must be emailed to: ChambersNYSDDavison@nysd.uscourts.gov. Counsel shall notify all other parties of their intention to submit an ex parte letter no later than one week prior to the conference. PLEASE NOTIFY ALL OTHER PARTIES OF THE ABOVE INFORMATION IMMEDIATELY. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 9/14/2021) (ks)
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Filing
207
ORDER: granting 206 Letter Motion to Adjourn Conference. Granted. The Court will hold a conference via telephone on September 21, 2021 at 10:00 a.m. SO ORERED. Status Conference set for 9/21/2021 at 10:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 6/18/2021) (ama)
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Filing
201
DISCOVERY ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery is sues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 5/17/2021) (ks)
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Filing
199
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in f rom a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 5/17/2021) (ks)
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Filing
189
NOTICE OF TELECONFERENCE INFORMATION: For the week of April 5, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (U SA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases sh all mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For in itial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/2/2021) (jca)
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Filing
188
ORDER granting 187 Letter Motion to Adjourn Conference; denying 187 Letter Motion to Stay re: 187 CONSENT LETTER MOTION to Adjourn Conference and the June 10, 2021 Trial Date addressed to Judge Kenneth M. Karas from Jonathan Rosen berg dated March 5, 2021.CONSENT LETTER MOTION to Stay re: 183 Memo Endorsement, Set Hearings,, addressed to Judge Kenneth M. Karas from Jonathan Rosenberg dated March 5, 2021. The Court will adjourn the March 23, 2021 status con ference and instead hold a status conference on April 8, 2021 at 10:30am. At this time, the Court will not adjourn Defendant's trial date of June 10, 2021. SO ORDERED. (Status Conference set for 4/8/2021 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 3/8/2021) (jca)
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Filing
180
ORDER GRANTING PRO BONO COUNSEL: The Court directs that the Clerk of Court seek pro bono counsel to enter a limited appearance for the purpose of representing Plaintiff at trial in the above-captioned action. Counsel will file a Notice of Limi ted Appearance as Pro Bono Counsel. For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent Plaintiff at his upcoming trial described above. The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. If an attorney volunteers, the attorney will contac t Plaintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and plaintiff should be prepared to proceed with the case without an attorney. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/24/2020) (jca) Transmission to Office of Pro Se Litigation for processing.
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Filing
176
ORDER terminating 158 Motion in Limine. The Court has recently resumed scheduling of jury trials, but the process remains delayed due to capacity restrictions and social distancing obligations. As such, the Parties are directed to submit a join t letter within 30 days of the date of this Order updating the Court on the status of this Action and suggesting preferred dates over the coming months for trial. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 158), which will be renewed once a date for trial has been set. (And as further set forth herein.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/28/2020) (jca)
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Filing
173
NOTICE OF WITHDRAWAL AS COUNSEL: PLEASE TAKE NOTICE that, pursuant to Rule 1.4 of the Local Rules for the United States District Courts for the Southern and Eastern Districts of New York, I, Daphna Frankel, an Assistant Attorney General at the Offi ce of Letitia James, Attorney General of the State of New York, attorney for Defendant William Young, Jr. ("Defendant") in the above-entitled action, hereby withdraw as an attorney of record for the Defendants, as I am transferring to a n ew bureau in the Office and am no longer assigned to the defense of this case on the Attorney General's behalf. The Office of the Attorney General will continue to serve as counsel of record to Defendants in the above-referenced matter, and th is matter will continue to be handled by Assistant Attorney General Jessica Acosta-Pettyjohn. Therefore, I hereby request that the Court grant my withdrawal and that my appearance be removed from the docket. IT IS SO ORDERED. Attorney Daphna Frankel terminated. (Signed by Judge Kenneth M. Karas on 7/17/2020) (jca)
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Filing
84
OPINION AND ORDER re: 70 MOTION to Dismiss Plaintiff's First Amended Complaint pursuant to FRCP 12(b)(6) filed by Michael Davis, George Mendez, 68 MOTION to Dismiss the Amended Complaint filed by William Young, Jr., 63 MOTION to Dismiss Partial, Under Fed. R. Civ. P. 12(b)(6) filed by Jason Gorr. For the foregoing reasons, Defendants' Motions To Dismiss Plaintiff's claim sounding in false arrest are granted. Because this is the first adj udication of Plaintiff's claim on the merits, and because Plaintiff may be able to state a false arrest claim if his criminal convictions are overturned on appeal, the dismissal is without prejudice. See Terry v. Inc. Vill. Of Patchogue, 826 F.3 d 631, 633 (2d Cir. 2016) (explaining that "district judges should, as a general matter, liberally permit pro se litigants to amend their pleadings" unless "amendment would be futile"). However, because dismissal is based on Pl aintiff's underlying criminal convictions, Plaintiff is advised to refrain from attempting to rep lead his false arrest claim until determination of his criminal appeal. Any amended complaint will replace, not supplement, the complaint currently before the Court. It therefore must contain all of the claims and factual allegations Plaintiff wishes the Court to consider. The Court will not consider factual allegations raised in supplemental declarations, affidavits, or letters. The Clerk of the Court is respectfully requested to terminate the pending motions, (Dkt. Nos. 63, 68, and 70), and to mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/7/2018) (mml) Transmission to Docket Assistant Clerk for processing.
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