Dawson v. Johnson et al
| Shakira Dawson |
| Robert Johnson, The City of Mount Vernon, The Mount Vernon Police Department, The City of New York, The New York City Police Department, Joseph Hunce, Detective John Gamble, Detective Anthony Burnett, Police Officer Kareem Lloyd, Police Officer Billy Ekarhakos, Donavan S. Yoe, Ronald E. Simpson, Police Officer Dante Chisolm, Detective Osvaldo Medina, Police Officer 1, Police Officer 2, Police Officer 3, Police Officer 4 and Police Officer John Doe |
| 1:2018cv01044 |
| February 6, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Jesse M. Furman |
| 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
147
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Monday, April 15, 2024 at 2:00 p.m. in Courtroom 9A, United States Courthouse, 500 Pearl Street, New York, New York. The parties shall consult and comply with the undersigned's Settlement Conference Procedures, available at https://nysd.uscourts.gov/hon-gary-stein. Ex parte settlement letters must be submitted to the Court no later than Wednesday, April 10, 2024. ( Settlement Conference set for 4/15/2024 at 02:00 PM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gary Stein.) (Signed by Magistrate Judge Gary Stein on 4/1/2024) (ate)
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Filing
146
PRE-SETTLEMENT CONFERENCE ORDER: This action is scheduled for a Telephone Conference for Monday, April 1, 2024 at 2:00 p.m., to discuss the scheduling of and preparation for a Settlement Conference. The parties are directed to consult the undersigned 's Settlement Conference Procedures, available at https://nysd.uscourts.gov/hon-gary-stein. Counsel is directed to join the conference via Microsoft Teams at the scheduled time. Please dial (646) 453-4442, Access Code: 479 968 841#. SO ORDERED. ( Telephone Conference set for 4/1/2024 at 02:00 PM before Magistrate Judge Gary Stein.) (Signed by Magistrate Judge Gary Stein on 3/29/2024) (tg)
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Filing
140
ORDER: Plaintiff Dawson's deadline to file her Third Amended Complaint ("TAC") was December 6, 2023. Since then, Plaintiff Dawson's counsel has filed the TAC no fewer than four times, see ECF Nos. 131, 132, 135, 136, only for ea ch filing to be deemed "deficient" by the Clerk. Plaintiff Johnson also made a "deficient" filing of his Second Amended Complaint ("SAC") but re-filed it on December 20, 2023. Plaintiffs should promptly contact the ECF Help Desk and resolve any outstanding filings errors by January 5, 2024. Further, Plaintiffs should be more attentive to ECF filing requirements going forward. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/26/2023) (ama)
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Filing
128
ORDER. Counsel are reminded that, per the Court's earlier Scheduling Order, they must submit their proposed case management plan and joint letter by the Thursday prior to the upcoming conference. The parties should indicate in their joint let ter whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not (or if the Court concludes that, the parties' views notwithstanding, a co nference should be held), the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. Unless and until the Court orders otherwise, however, the conference will proceed and will do so on the date and time previously set. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/4/23) (yv)
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Filing
124
OPINION AND ORDER re: 115 MOTION to Dismiss Consolidated. filed by Joseph Hunce, Detective Osvaldo Medina, Ronald E. Simpson, Detective Anthony Burnett, The City of Mount Vernon, Detective John Gamble, Police Officer Dante Chis olm, The Mount Vernon Police Department, Donavan S. Yoe, Police Officer Kareem Lloyd, Police Officer Billy Ekarhakos., For the foregoing reasons, Defendants' motion to dismiss is GRANTED as to all claims they seek to dismiss except for Dawson's failure to intervene claim as to all individual Defendants other than Hunce. Accordingly, what remains are that claim and the claims that Defendants did not move to dismiss, namely Dawson's excessive force and battery claims against Burnett, Lloyd, Gamble, and Exarhakos. That leaves the question of whether Plaintiffs should be granted leave to amend. Although leave to amend should be freely given "when justice so requires," Fed. R. Civ. P. 15(a)(2), " ;it is within the sound discretion of the district court to grant or deny leave to amend," McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007). For most of the dismissed claims, leave to amend is not warranted because t he defects in Plaintiffs complaints are substantive, and Plaintiffs do not even attempt to suggest that they possess any additional facts that could cure the defect. See, e.g., Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000); Fischman v. Mi tsubishi Chem. Holdings Am., Inc., No. 18-CV-8188 (JMF), 2019 WL 3034866, at *7 (S.D.N.Y. July 11, 2019) (declining to grant leave to amend as to certain claims in the absence of any suggestion that additional facts could remedy defects in the plaintiffs pleading). The Court, however, grants leave to amend (1) Dawson's malicious prosecution and fair trial claims as they relate to the charges of reckless endangerment, reckless driving, and aggravated unlicensed operation of a moto r vehicle and (2) Johnson's claims for excessive force, assault, battery, and failure to intervene. Any amended complaint shall be filed by November 22, 2023. Finally, the initial pretrial conference is hereby RESCHEDULED for December 13, 2023, at 9:00 a.m. The conference will be held remotely in accordance with the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties are reminded that, no later than t he Thursday before the initial pretrial conference, they are required to submit a joint status letter and proposed Case Management Plan. See ECF No. 8. The Clerk of Court is directed to terminate ECF No. 115, and to terminate the City of Mount Ve rnon, the Mount Vernon Police Department, and Lieutenant Joseph Hunce as Defendants. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/2/2023) ( Amended Pleadings due by 11/22/2023.), The City of Mount Vernon, The Mount Vernon Police Department, Joseph Hunce (Mount Vernon Police Department - Individually) and Joseph Hunce (Mount Vernon Police Department- and in his official capacity ) terminated. (ks)
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Filing
118
ORDER denying as moot 96 Motion to Dismiss; denying as moot 97 Motion to Dismiss. In light of Defendants' new motion to dismiss, see ECF No. 115, Defendants' earlier motions to dismiss filed at ECF Nos. 96-97 are hereby DENIED as m oot. Plaintiffs' oppositions to the new motion to dismiss are due by February 13, 2023. Defendants' reply, if any, is due by February 21, 2023. The Clerk of Court is directed to terminate ECF Nos. 96 and 97. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/31/23) (yv)
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Filing
94
ORDER: Given that the other Defendants have until December 19, 2022, to file motions to dismiss, see ECF No. 88, it is hereby ORDERED that Plaintiffs shall not respond to the City's and NYPD's motions at this time. Instead, Plaintiffs sh all wait and file any amended complaints, responding to all motions to dismiss, by January 9, 2023. Pursuant to Paragraph 1.B of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse- m-furman, any amended complaints should be filed with a redline showing all differences between the original and revised filing. Plaintiffs will not be given any further opportunity to amend to address issues raised by any filed motions to dismiss. If Plaintiffs do amend, by three weeks after any amended complaint is filed, each Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on any previously filed motion to dismiss. I f a Defendant files an answer or a new motion to dismiss, the Court will deny its previously filed motion to dismiss, if any, as moot. If a Defendant files a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiffs shall file any opposition to the motions to dismiss by January 9, 2023. Unless and until the Court orders otherwise, each Plaintiff shall file a consoli dated opposition to all motions to dismiss his/her claims. Defendants' replies, if any, shall be filed by January 17, 2023. Finally, the initial pretrial conference, currently scheduled for January 11, 2023, is ADJOURNED sine die. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/1/2022) ( Amended Pleadings due by 1/9/2023., Responses due by 1/9/2023, Replies due by 1/17/2023.) (ks)
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Filing
68
ORDER re: 27 Order on Motion to Stay, Order on Motion for Discovery. The Court previously ordered that "Counsel for the City of New York shall provide a status update... every month" concerning the underlying criminal proceedings. EC F No. 27. Counsel is relieved of that obligation. Instead, going forward, counsel shall provide a status update on April 1, 2021, and every three months thereafter. Further, counsel shall promptly advise the Court if the criminal proceedings terminate or if there are any other material developments. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/12/2021) (kv)
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