Aberra v. City of New York
Plaintiff: Natanya Aberra
Defendant: City of New York
Case Number: 1:2018cv01138
Filed: February 8, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Lewis A. Kaplan
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1343 Violation of Civil Rights
Jury Demanded By: None
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Date Filed Document Text
August 2, 2021 Opinion or Order Filing 117 CLERK'S JUDGMENT re: 116 Order Adopting Report and Recommendations, in favor of City of New York against Natanya Aberra. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order date d August 2, 2021, the objections to the R&R are overruled. The Motion to dismiss or for other relief (DI 98) is converted into a motion for summary judgment dismissing the case and summary judgment dismissing the case is granted on the merits and with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/2/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)
December 23, 2020 Opinion or Order Filing 94 TELEPHONE CONFERENCE SCHEDULING ORDER. The Court is in receipt of Plaintiff's "Notice of Motion" dated December 22, 2020. (ECF No. 93). Because the relief requested therein is not ripe for the Court's consideration, the Motion is DENIED without prejudice. The Clerk of Court is respectfully directed close the Motion at ECF No. 93 and to send a copy of this Order to Plaintiff at the below address. So ordered. Denying without prejudice 93 MOTION to permit the plaintiff to pre sent his video evidence and 911 recording; and that the video be fully vetted for comparison and contrast, subject to the Court's judgment along with the 911 call. (Signed by Magistrate Judge Sarah L Cave on 12/23/2020) (rjm) Transmission to Docket Assistant Clerk for processing. Mail To: Natanya Aberra, 2075 3rd Ave., Apt. 6-C, New York, NY 10029.
August 26, 2020 Opinion or Order Filing 87 ORDER, By Friday, September 25, 2020, Plaintiff shall file an amended complaint that complies with the Court's orders. Specifically, Plaintiff is granted leave to file a Second Amended Complaint supplementing his allegations as to damages and r emedies, as pled in the proposed amended complaint at ECF No. 48. The Second Amended Complaint should not attempt to add Sergeant Ingram or the John Doe officers as defendants.The Clerk of Court is respectfully directed to mail a copy of this order t o Plaintiff at the below address. Mail To: Natanya Aberra, 2075 3rd Ave., Apt. 6-C, New York, NY 10029. SO ORDERED. ( Amended Pleadings due by 9/25/2020.) (Signed by Magistrate Judge Sarah L Cave on 8/26/20) (yv) Transmission to Docket Assistant Clerk for processing.
August 24, 2020 Opinion or Order Filing 86 ORDER denying 65 FIRST MOTION for Settlement Enforcing the Parties' Settlement Agreement; granting in part and denying in part 80 Motion. I have considered plaintiffs arguments but concluded they lack merit. The objections are overruled. Defendant's motion to enforce the alleged settlement agreement (DI 65) is denied. Plaintiffs cross motion for leave to amend (D 80) is granted to the extent previously described and denied in all other respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/22/2020) (jca)
May 14, 2020 Opinion or Order Filing 79 ORDER, Based on Plaintiff's representation in his letter at ECF No. 76 that his military unit was activated in response to the COVID-19 health crisis, and his communication to the Court that he has just been relieved of that duty, the Court extends his time to file a response to Defendants' motion by an additional two weeks. Plaintiff must submit his reply by May 28, 2020. SO ORDERED. Set Deadlines/Hearing as to 65 FIRST MOTION for Settlement Enforcing the Parties' Settlement Agreement. : ( Responses due by 5/28/2020) (Signed by Magistrate Judge Sarah L Cave on 5/14/20) Copies Mailed By Chambers to Natanya Aberra, 2075 3rd Ave., Apt. 6-C, New York, NY 10029. (yv)
April 20, 2020 Opinion or Order Filing 78 ORDER, Based on Plaintiff's representation in his letter at ECF No. 76 that his military unit has been activated in response to the national Covid-19 health crisis, the Court extends his time to file a response to Defendants' motion by 30 days. Plaintiff must submit his reply by May 18, 2020. Mailed by Chambers To: Natanya Aberra, 2075 3rd Ave., Apt. 6-C, New York, NY 10029. SO ORDERED. Set Deadlines/Hearing as to 65 FIRST MOTION for Settlement Enforcing the Parties' Settlement Agreement. :( Responses due by 5/18/2020) (Signed by Magistrate Judge Sarah L Cave on 4/20/20) Copies Mailed By Chambers. (yv)
March 2, 2020 Opinion or Order Filing 71 ORDER re: 63 Letter, filed by Natanya Aberra. The Court is in receipt of Mr. Aberras letter at ECF No. 63 regarding his obligations with respect to the settlement agreement reached by his prior counsel. If Mr. Aberra wishes to supplement his response to Defendants Motion to Enforce the Settlement Agreement (ECF No. 65), he must do so by no later than March 16, 2020. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at the below address. SO ORDERED. Mail To: Natanya Aberra, 2075 3rd Ave., apt 6-C, New York, NY 10029. (Signed by Magistrate Judge Sarah L Cave on 3/2/2020) (kv) Transmission to Docket Assistant Clerk for processing.
February 26, 2020 Opinion or Order Filing 62 ORDER. The Court ORDERS as follows: The Court construes Plaintiff's letter at ECF No. 61 to be a supplement to the filing at ECF No. 28, which is construed as a Motion for Leave to Amend the First Amended Complaint. Accordingly, Defendant sha ll address the arguments made in that letter in their response to the Motion for Leave to Amend. As pro se Plaintiff Aberra has not yet updated his address with the Court, Defendant is directed to provide Plaintiff with a copy of this Order, and remind him to provide to the Court a current address. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/26/20) (yv)
January 23, 2020 Opinion or Order Filing 58 AMENDED SCHEDULING ORDER granting 57 LETTER MOTION for Extension of Time to File Requesting Clarification or Change to Court's Scheduling Order of time for Defendants' Opposition to Motion to Amend. The Court's Scheduling Order dated January 21, 2020 (ECF No. 56) is AMENDED as follows: By February 18, 2020 defendant shall respond to Plaintiff's Motion for Leave to Amend the First Amended Complaint (ECF No. 48) and shall file its cross-motion to enforce the settlement agr eement. By March 3, 2020, Plaintiff shall file his replies, if any. A settlement conference is scheduled for Tuesday, January 28, 2020 at 3:00 pm in Courtroom 18A, 500 Pearl Street, New York, New York. All persons attending the conference must arr ive at least 15 minutes beforehand to allow for the time required to pass through the security process. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 57 and to mail a copy of this Order to the plaintiff at the below address. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/23/2020) (jca)
December 18, 2019 Opinion or Order Filing 49 ORDER TO RESPOND, Defendants are ORDERED to respond to ECF No. 48, construed as a Motion for Leave to Amend the First Amended Complaint to include the above claims, by January 17, 2020. Plaintiff may submit a reply in further support of the Motion for Leave to Amend by February 14, 2020. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at the below address. Mail To: Natanya Aberra, 2075 3rd Ave., Apt. 6C, New York, NY 10029. SO ORDERED. (Responses due by 1/17/2020, Replies due by 2/14/2020.) (Signed by Magistrate Judge Sarah L Cave on 12/18/19) (yv) Transmission to Docket Assistant Clerk for processing.
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Defendant: City of New York
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Plaintiff: Natanya Aberra
Represented By: Lawrence Lewis
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