Frascatore v. Blake et al
| James Frascatore |
| James Blake, Tracy Catapano-Fox, CCRB Employees, John Doe #1-5, The City Of New York,, Harpercollins Publishers, LLC, Civilian Complaint Review Board, New York City Police Department, CCRB Employees John Doe #1-5, City of New York and New York City Civilian Complaint Review Board |
| 1:2017cv07502 |
| October 2, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gregory H Woods |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 52 CLERK'S JUDGMENT re: #51 Order. in favor of John Doe #1-5, New York City Civilian Complaint Review Board, New York City Police Department, Tracy Catapano-Fox against James Frascatore. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 25, 2018, on September 25, 2018, the Court granted Defendants' motions to dismiss, and granted Plaintiff leave to replead certain of its claims within 30 days; more than 30 days have passed since the entry of that order, and Plaintiff has not repleaded its claims or made any other submissions to the Court; accordingly, judgment is entered in favor of Defendants, and this case is closed. (Signed by Clerk of Court Ruby Krajick on 01/28/2019) (Attachments: #1 Notice of Right to Appeal)(dt) |
| Terminate Transcript Deadlines (dt) |
Filing 51
ORDER. On September 25, 2018, the Court granted Defendants' motions to dismiss, and granted Plaintiff leave to replead certain of its claims within 30 days. ECF No. 50. More than 30 days have passed since the entry of that order, and Plaintiff has not repleaded its claims or made any other submissions to the Court. Accordingly, the Clerk of Court is directed to enter judgment in favor of Defendants, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/25/19) (yv) Transmission to Orders and Judgments Clerk for processing.
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Filing 50
MEMORANDUM OPINION AND ORDER re: #43 MOTION to Dismiss with Prejudice filed by James Blake, #40 MOTION to Dismiss the Amended Complaint filed by New York City Civilian Complaint Review Board, Tracy Catapano-Fox, New York City Police Department, City of New York. For the reasons stated above, the City Defendants' motion to dismiss, ECF No. 40, and Blake's motion to dismiss, ECF No. 43, are GRANTED. Frascatore is granted leave to replead his stigma-plus claims, his race discrimination claim, and his defamation claim arising out of Statements Eight and Nine no later than thirty (30) days following the date of this order. See Rutolo v. City of New York, 514 F.3d 184, 191 (2d Cir. 2008) (noting that leave to amend is "liberally granted"). Because the Court has concluded that Statements One through Seven are not actionable, Frascatore's defamation claim arising out of those statements is dismissed with prejudice. The Clerk of Court is directed to close the motions pending at ECF Nos. 40 and 43. SO ORDERED. (James Blake and City of New York terminated.) (Signed by Judge Gregory H. Woods on 9/25/2018) (anc)
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| Filing 49 REPLY MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss with Prejudice. . Document filed by James Blake. (Marino, Kevin) |
| Filing 48 AFFIRMATION of Peter E. Brill in Opposition re: #43 MOTION to Dismiss with Prejudice., #40 MOTION to Dismiss the Amended Complaint.. Document filed by James Frascatore. (Brill, Peter) |
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Filing 47
ORDER granting #46 Letter Motion for Extension of Time to File Response/Reply. Application granted. The deadline for Plaintiff to file his opposition is extended to March 19, 2018, and Defendants' deadline to file their replies is extended to April 6, 2018. Plaintiff is directed to comply in the future with the Court's Individual Rule 1(E), which requires, inter alia, that requests for extension be made at least two business days prior to the original due date. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 46. SO ORDERED. (Responses due by 3/19/2018. Replies due by 4/6/2018.) (Signed by Judge Gregory H. Woods on 3/16/2018) (anc)
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| Filing 46 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Gregory H. Woods from Peter E. Brill dated March 12, 2018. Document filed by James Frascatore.(Brill, Peter) |
| Filing 45 DECLARATION of Kevin H. Marino in Support re: #43 MOTION to Dismiss with Prejudice.. Document filed by James Blake. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Boyle, John) |
| Filing 44 MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss with Prejudice. . Document filed by James Blake. (Boyle, John) |
| Filing 43 MOTION to Dismiss with Prejudice. Document filed by James Blake. Responses due by 3/12/2018(Boyle, John) |
| Filing 42 MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss the Amended Complaint. . Document filed by Tracy Catapano-Fox, City of New York, New York City Civilian Complaint Review Board, New York City Police Department. (Marks, Paul) |
| Filing 41 DECLARATION of PAUL MARKS in Support re: #40 MOTION to Dismiss the Amended Complaint.. Document filed by Tracy Catapano-Fox, City of New York, New York City Civilian Complaint Review Board, New York City Police Department. (Attachments: #1 Exhibit A, #2 Exhibit B)(Marks, Paul) |
| Filing 40 MOTION to Dismiss the Amended Complaint. Document filed by Tracy Catapano-Fox, City of New York, New York City Civilian Complaint Review Board, New York City Police Department.(Marks, Paul) |
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Filing 39
MEMO ENDORSEMENT on re: #38 Letter, filed by New York City Civilian Complaint Review Board, Tracy Catapano-Fox, New York City Police Department, City of New York. ENDORSEMENT: Application granted. Defendants' motions to dismiss are due no later than February 16, 2018. Plaintiff's opposition is due no later than March 12, 2018. Defendants' replies, if any, are due no later than March 26, 2018. SO ORDERED. (Motions due by 2/16/2018. Responses due by 3/12/2018. Replies due by 3/26/2018.) (Signed by Judge Gregory H. Woods on 1/23/2018) (anc) Modified on 1/25/2018 (anc).
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| Filing 38 LETTER addressed to Judge Gregory H. Woods from Paul Marks dated January 23, 2018 re: proposed briefing schedule for defendants' motion to dismiss the amended complaint. Document filed by Tracy Catapano-Fox, City of New York, New York City Civilian Complaint Review Board, New York City Police Department.(Marks, Paul) |
| Filing 37 FIRST AMENDED COMPLAINT amending #11 Complaint, against James Blake, Tracy Catapano-Fox, City of New York, John Doe #1-5, New York City Civilian Complaint Review Board, New York City Police Department with JURY DEMAND.Document filed by James Frascatore. Related document: #11 Complaint,.(Brill, Peter) |
| Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/5/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 35 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/5/2017 before Judge Gregory H. Woods. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/3/2018.(McGuirk, Kelly) |
| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confrence proceeding held on 12/5/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 33 TRANSCRIPT of Proceedings re: confrence held on 12/5/2017 before Judge Gregory H. Woods. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/9/2018. Redacted Transcript Deadline set for 1/19/2018. Release of Transcript Restriction set for 3/19/2018.(McGuirk, Kelly) |
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Filing 32
ORDER. As discussed during the initial pre-trial conference held on December 5, 2017, Plaintiff is granted leave to file an amended complaint no later than January 16, 2018. No later than one week following filing of the amended complaint, the parties are directed to jointly submit a proposed briefing schedule for Defendants' motions to dismiss, if any. Pending the Court's decision on the motions to dismiss, discovery in this case is stayed. (HEREBY ORDERED by Judge Gregory H. Woods on December 6, 2017) (Text Only Order)(Woods, Gregory)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 12/5/2017. (Court Reporter Steven Greenblum) (Daniels, Anthony) |
| Filing 31 LETTER addressed to Judge Gregory H. Woods from Kevin H. Marino dated November 28, 2017 re: Joint Status Letter In Advance of Initial Pretrial Conference. Document filed by James Blake.(Marino, Kevin) |
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Filing 30
ORDER granting #29 LETTER MOTION for Conference pre-motion conference concerning City Defendants' anticipated motion to dismiss the complaint addressed to Judge Gregory H. Woods from Paul Marks dated November 27, 2017. Document filed by Tracy Catapano-Fox, City of New York, New York City Civilian Complaint Review Board, New York City Police Department. Application granted. The Court will hold a pre-motion conference regarding the City Defendants' proposed motion to dismiss during the initial pretrial conference scheduled to take place in December 5, 2017. The Clerk of Court is directed to terminate the letter motion at Dkt. No. 29. So ordered. (Pre-Motion Conference set for 12/5/2017 at 04:30 PM before Judge Gregory H. Woods). (Signed by Judge Gregory H. Woods on 11/28/2017) (rjm)
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| Filing 29 LETTER MOTION for Conference pre-motion conference concerning City Defendants' anticipated motion to dismiss the complaint addressed to Judge Gregory H. Woods from Paul Marks dated November 27, 2017. Document filed by Tracy Catapano-Fox, City of New York, New York City Civilian Complaint Review Board, New York City Police Department.(Marks, Paul) |
| Filing 28 NOTICE OF APPEARANCE by Paul Frederick Marks on behalf of Tracy Catapano-Fox. (Marks, Paul) |
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Filing 27
ORDER granting #26 Letter Motion for Conference. Application granted. The Court will hold a conference regarding Defendant Blake's anticipated motion to dismiss during the initial pre-trial conference scheduled to take place on December 5, 2017. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| Filing 26 LETTER MOTION for Conference Regarding Defendant James Blake's Request to File a Motion to Dismiss addressed to Judge Gregory H. Woods from Kevin H. Marino dated November 22, 2017. Document filed by James Blake.(Marino, Kevin) |
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time. Application granted. The deadline for Defendants City of New York, NYPD, and CCRB to answer or otherwise respond to the complaint is extended to November 28, 2017. (Signed by Judge Gregory H. Woods on 11/9/2017) (mro)
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| Set/Reset Deadlines: City of New York answer due 11/28/2017; New York City Civilian Complaint Review Board answer due 11/28/2017; New York City Police Department answer due 11/28/2017. (mro) |
| Filing 24 FIRST LETTER MOTION for Extension of Time for defendants City of New York, New York City Police Department, and New York City Civilian Complaint Review Board to respond to the complaint addressed to Judge Gregory H. Woods from Paul Marks dated November 9, 2017. Document filed by City of New York, New York City Civilian Complaint Review Board, New York City Police Department.(Marks, Paul) |
| Filing 23 NOTICE OF APPEARANCE by Paul Frederick Marks on behalf of City of New York, New York City Civilian Complaint Review Board, New York City Police Department. (Marks, Paul) |
| Filing 22 PLAINTIFF'S NOTICE OF DISMISSAL OF DEFENDANT HARPERCOLLINS PUBLISHERS LLC: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) and by and through his undersigned attorney, Plaintiff James Frascatore hereby dismisses all claims in the above-captioned action against Defendant HarperCollins Publishers LLC. Plaintiff has dismissed his claims against Defendant HarperCollins Publishers LLC. The Clerk of Court is directed to remove the name of that Defendant from the caption of this case. Harpercollins Publishers, LLC terminated. (Signed by Judge Gregory H. Woods on 11/6/2017) (ap) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Peter Brill for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #21 Notice of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km) |
| Filing 21 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Harpercollins Publishers, LLC. Document filed by James Frascatore. (Brill, Peter) Modified on 11/6/2017 (km). |
| Filing 20 NOTICE OF APPEARANCE by John A. Boyle on behalf of James Blake. (Boyle, John) |
| Filing 19 NOTICE OF APPEARANCE by Erez Joseph Davy on behalf of James Blake. (Davy, Erez) |
| Filing 18 NOTICE OF APPEARANCE by Kevin H. Marino on behalf of James Blake. (Marino, Kevin) |
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Filing 17
ORDER granting in part #16 Letter Motion for Extension of Time to Answer. Application granted in part. The deadline for Defendants HarperCollins and James Blake to answer or otherwise respond to the complaint is extended to November 28, 2017. The initial pre-trial conference will take place as scheduled. Plaintiff is directed to serve a copy of this order on Defendants who have not yet appeared in this case and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/27/2017) (anc)
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| Filing 16 LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Robert D. Balin dated October 27, 2017. Document filed by James Blake, Harpercollins Publishers, LLC.(Balin, Robert) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HarperCollins US LLC, Corporate Parent News Corporation for Harpercollins Publishers, LLC. Document filed by Harpercollins Publishers, LLC.(Balin, Robert) |
| Filing 14 NOTICE OF APPEARANCE by Robert D. Balin on behalf of Harpercollins Publishers, LLC. (Balin, Robert) |
| Filing 13 NOTICE OF APPEARANCE by Abigail Bain Everdell on behalf of Harpercollins Publishers, LLC. (Everdell, Abigail) |
| Set/Reset Deadlines: James Blake answer due 11/28/2017; Harpercollins Publishers, LLC answer due 11/28/2017. (anc) |
| Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/5/2017 at 04:30 PM 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, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 10/19/2017) (mro) |
| Filing 11 COMPLAINT against James Frascatore, James Blake, Tracy Catapano-Fox, City of New York, Harpercollins Publishers, LLC, John Doe #1-5, New York City Civilian Complaint Review Board, New York City Police Department. Document filed by James Frascatore.(Brill, Peter) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Harpercollins Publishers, LLC. (pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Tracy Catapano-Fox. (pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to City of New York, New York City Civilian Complaint Review Board, New York City Police Department. (pc) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to James Blake. (pc) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, New York City Police Department, The New York City Civilian Complaint Review Board, re: #1 Complaint,. Document filed by James Frascatore. (Brill, Peter) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Tracy Catapano-Fox, re: #1 Complaint,. Document filed by James Frascatore. (Brill, Peter) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to HarperCollins Publishers LLC, re: #1 Complaint,. Document filed by James Frascatore. (Brill, Peter) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to James Blake, re: #1 Complaint,. Document filed by James Frascatore. (Brill, Peter) |
| Filing 2 CIVIL COVER SHEET filed. (Brill, Peter) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter E. Brill to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Add John Doe #1-5 with the party text "in their official capacities". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter E. Brill. The party information for the following party/parties has been modified: CCRB Employees, John Doe #1-5, Civilian Complaint Review Board. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Peter E. Brill. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; the date field on the official A.O. Summons form was completed by the attorney. 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. (pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Katharine H. Parker 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 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-14192918)Document filed by James Frascatore. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(Brill, Peter) Modified on 10/3/2017 (pc). |
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