George Benn v. The City Of New York , et al
| George Benn |
| The City Of New York, Felix Cruz, Gerard Dimuro, John Does 1-2, Delroy Morrison, Xavier McNeil, Matthew Landow, Jonathen Powell, Jermain Phillips, Gordon Noel and Sandra Murray |
| 1:2018cv00722 |
| January 26, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G. Schofield |
| 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
238
JUDGMENT It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Jennifer L. Rochon, United States District Judge, the jury having returned a verdict in favor of Defendants, and the Complaint is hereby dismissed. So Ordered. (Signed by Judge Jennifer L. Rochon on 5/17/2023) (jca)
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Filing
237
ORDER After a jury trial, the jury returned a verdict in favor of Defendants. The Court Exhibits from the jury trial are appended to this Order: Court Ex. 1: Draft Voir Dire Questions Court Ex. 2: Preliminary Instructions Court Ex. 3: Draft Verd ict Sheet Court Ex. 4: Final Voir Dire Questions Court Ex. 5: Draft Jury Instructions Court Ex. 6: Second Draft Verdict Sheet Court Ex. 7: Final Jury Instructions Court Ex. 8: Final Verdict Sheet Court Ex. 9: Jury note, dated May 15, 2023 at 2:21 p.m. Court Ex. 10: Jury note, dated May 15, 2023 at 3:56 p.m. Court Ex. 11: Jury verdict (with juror names redacted) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/16/2023) (jca)
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Filing
220
ORDER granting 219 Letter Motion to Adjourn Conference. The parties' request is GRANTED. The March 6, 2023 video conference is adjourned to March 8, 2023 at 10:30 a.m. SO ORDERED.. (Signed by Judge Jennifer L. Rochon on 3/3/2023) Status Conference set for 3/8/2023 at 10:30 AM before Judge Jennifer L. Rochon. (ks)
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Filing
215
ORDER with respect to 214 Letter Motion to Adjourn Conference. IT IS HEREBY ORDERED that Defendants shall file an ex parte letter explaining the need for an adjournment no later than November 28, 2022. (Signed by Judge Jennifer L. Rochon on 11/21/2022) (jca)
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Filing
213
ORDER The Court is in receipt of the parties' joint letter, dated September 28, 2022, filed in response to the Court's September 15, 2022 Reassignment Order. ECF No. 212. In light of the parties' agreement that this case is ready fo r trial, IT IS HEREBY ORDERED that a jury trial will commence on January 23, 2023 at 9:00 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. Additionally, IT IS FURTHER ORDER ED that the parties shall file their proposed voir dire questions and any other pretrial submissions required under the Court's Individual Rules 5A&B insofar as they have not been submitted thus far on or before January 13, 2023. IT IS FURTHE R ORDERED that the parties shall appear for a final pretrial conference on January 16, 2023, at 10:00 a.m. in the aforementioned courtroom. SO ORDERED. (Final Pretrial Conference set for 1/16/2023 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon., Jury Trial set for 1/23/2023 at 09:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 9/30/2022) (jca)
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Filing
211
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. (Signed by Judge Jennifer L. Rochon on 9/15/2022) (ate)
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Filing
208
ORDER terminating 207 Letter Motion for Extension of Time to File. Trial shall commence on July 25 at 10:00 in Courtroom 12A. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/11/2022) (va)
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Filing
206
ORDER: It is the Court's understanding that the parties' attempts to settle have failed for the moment. The parties shall confer and advise the Court by joint letter no later than May 10, 2022, how they proposed to proceed. The joint letter shall include proposed trial dates. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/5/2022) (ks)
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Filing
204
ORDER, A Telephone Conference is scheduled for Tuesday, March 15, 2022 at 10:00 am on the Courts conference line to discuss scheduling a Settlement Conference. The parties are directed to call: (866) 390-1828; access code: 380-9799, at least five minutes prior to the scheduled time. SO ORDERED. ( Telephone Conference set for 3/15/2022 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 3/9/22) (yv)
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Filing
193
ORDER granting 182 Motion in Limine. The Clerk of the Court is respectfully directed to (1) close the motion at Dkt. No. 182, (2) terminate the City of New York, Det. Felix Cruz, Det. Gerard Dimuro and C.O. Sandra Murray as Defendants in this action, and (3) amend the case caption to George Benn v. Delroy Morrison, et al. So Ordered. (Signed by Judge Loretta A. Preska on 1/13/2022) (js)
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Filing
192
ORDER: This Order addresses logistical matters to facilitate the orderly reassignment of the case and to ensure that the matter proceeds to trial as scheduled. First, pursuant to the December 3, 2021 scheduling order, the final pre-trial conferenc e was scheduled to take place before Judge Schofield on January 13, 2022, at 4:00 p.m. (Dkt. No. 189.) Although the date will remain the same, the start time is amended to accommodate the Court's existing calendar and the dial-in information is revised. The parties shall appear for the final pre-trial conference on January 13, 2022, at 11:30 a.m. using the following information: Dial-in (877) 402-9753; Access code 6545179. The parties should be prepared to argue the contested motions in lim ine (dkt. nos. 183, 184) at the conference. Second, pursuant to the January 3, 2022 scheduling order, trial is currently scheduled for January 26, 2022, at 9:45 a.m. (Dkt. No. 190.) Trial is adjourned to February 1, 2022, at 9:30 a.m. Subject to the availability of courtrooms during the COVID-19 pandemic, the parties shall convene in Courtroom 12A at 9:30 a.m. The parties are advised that the trial is first place on the Court's trial-ready calendar for that date. The parties shall be ready to proceed on 24 hours' notice on or after February 1, 2022. SO ORDERED. ( Ready for Trial by 2/1/2022. Jury Trial set for 2/1/2022 at 09:30 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. Telephone Conference set for 1/13/2022 at 11:30 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/11/2022) (va)
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Filing
176
OPINION AND ORDER re: 159 MOTION for Partial Summary Judgment . filed by The City Of New York,, Jonathen Powell, Delroy Morrison, Gerard Dimuro, Felix Cruz, Xavier McNeil, Jermain Phillips, Gordon Noel, Matthew Landow. For t he foregoing reasons, Defendants' motion for partial summary judgment is granted. For clarity, Plaintiff's sole remaining claims are Claims Ten and Eleven, for excessive force and failure to intervene in the February 19, 2015, incident, w hich were not the subject of this motion. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 159. A trial scheduling order will follow, as will a referral to the Magistrate Judge for a settlement conference. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/28/2021) (cf)
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Filing
164
ORDER granting 163 Letter Motion to Seal. It is hereby ORDERED that Defendants' request to file under seal Exhibits I and J to the Declaration is GRANTED. It is further ORDERED that the Declaration is hereby stricken. Defendants shall re-fil e the Declaration, including the video statements in Exhibits I and J under seal, by October 2, 2020. The Clerk of Court is respectfully directed to strike Dkt. No. 160 and close Dkt. No. 163. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/23/2020) (cf)
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Filing
157
ORDER denying without prejudice to renewal 156 Letter Motion for Leave to File Document; denying without prejudice to renewal 156 Letter Motion to Seal. Application DENIED without prejudice to renewal. This application does not comply with In dividual Rule I.D., as it does not provide an appendix identifying attorneys of record who should have access to the sealed document, and the proposed sealed documents were not filed under seal contemporaneously with the application. Further, a mot ion to seal must provide particularized justifications specific to the information sought to be sealed. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) ("[D]ocuments may be sealed if specific, on the record findings ar e made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest.") Defendants shall file the proposed sealed exhibits under seal, when submitting the motion for summary judgment due today, and shall renew the application at that time. (Signed by Judge Lorna G. Schofield on 9/21/2020) (cf)
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Filing
155
ORDER: It is hereby ORDERED that Defendants' application is GRANTED in part. Defendants shall file the opening brief by September 22, 2020. The opposition is due October 27, 2020. The reply is due November 6, 2020. The parties shall comply wi th the Individual Rules and Emergency Individual Rules and Practices on briefs, page limits, exhibits and courtesy copies. (As further set forth in this Order.) ( Motions due by 9/22/2020., Responses due by 10/27/2020, Replies due by 11/6/2020.) (Signed by Judge Lorna G. Schofield on 8/18/2020) (cf)
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Filing
149
ORDER: It is hereby ORDERED that the parties shall file a joint status letter within two business days upon completion of the settlement conference, apprising the Court of the outcome of settlement discussions, and if the case is not resolved, the letter shall include a joint proposed briefing schedule. (Signed by Judge Lorna G. Schofield on 6/25/2020) (ama)
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Filing
145
ORDER terminating 144 Motion for Summary Judgment. Plaintiff shall file a response by June 19, 2020, in accordance with Individual Rule III.A.1. A case management conference will be held on June 25, 2020, at 10:50 a.m. The Clerk of Court is respectfully directed to terminate Dkt. No. 144. (Signed by Judge Lorna G. Schofield on 6/12/2020) (cf)
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Filing
141
ORDER granting 140 Letter Motion to Adjourn Conference; granting 140 Letter Motion for Extension of Time to File. Application GRANTED. The May 14, 2020 case management conference is adjourned to June 25, 2020, at 10:50 a.m. Any party proposi ng to file summary judgment shall file pre-motion letters by two weeks before the conference, or June 11, 2020. No further extensions absent extraordinary circumstances. ( Case Management Conference set for 6/25/2020 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/24/2020) (va)
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Filing
139
ORDER: granting in part 138 Letter Motion to Stay. Application GRANTED in part. The application for a stay is DENIED. However, the March 31, 2020, 10:30 a.m. case management conference is adjourned to May 14, 2020, at 10:50 a.m. Any parties proposing to file summary judgment shall file pre-motion letters by two weeks before the conference, or April 30, 2020. (Signed by Judge Lorna G. Schofield on 3/20/2020) (ama)
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Filing
137
ORDER: It is hereby ORDERED that, unless the parties file pre-motion letters or otherwise a request an extension by March 20, 2020, a trial date will be shortly set. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/18/2020) (cf)
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Filing
134
ORDER: denying 131 Motion to Seal Document. For the foregoing reasons, the DANY's motion for a protective order is DENIED. The two statements shall be produced under an "attorney's eyes only" designation. Because the DANY shall maintain possession of the two videotaped statements, the DANY shall make the two videotaped statements available to the parties for viewing at the DANY's office at mutually agreeable time(s). If the parties wish to cite to the videos as eviden tiary support later in this litigation, they may apply to do so under seal. Because the DANY submitted the videotaped statements for in camera review, the DANY shall coordinate with Chambers for the return of the DVDs and any attendant documents. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/10/2019) (ama)
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Filing
130
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Plaintiff's motion to compel is GRANTED in part and DENIED in part. DANY shall produce the witness statements for the witnesses identified by Plaintiff in ECF 102 within thirty days of this Order, unless DANY moves before that time for a protective order.So Ordered. (Signed by Magistrate Judge Ona T. Wang on 10/2/2019) (js)
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