Hincapie v. City of New York et al
| Johnny Hincapie |
| Sergeant Timothy Connolly, Detective Robert Nardi, Sergeant Sharif Ali, Bob Murphy, Detective James Christie, Detective Carlos Gonzalez, Sergeant Gary Borman, Detective Allen F. Garcia, Detective Thomas Marino, Detective Donald Casey, Detective Daniel Curtain, Detective Arthur Swenson, Police Officer Jeff Moorer, City of New York, Deputy Chief Joseph DeMartino, Detective Jose Roman Rosario, John and Jane Doe 1 through 20, Detective Daniel Rizzo, Sergeant Glenn D'Ottavio, Detective Green, Detective Matthew Santoro, Detective Michael Clark, Police Officer Mark Cousins, Sergeant Wilfred Melendez, Sergeant Jack Herbst, John and Jane Doe Detectives 1-5, The Estate of Deputy Chief Joseph DeMartino, Detective Jose Ramon Rosario, Sergeant John Herbst, Lieutenant Victor Mole, Captain "John" Bayshim and John and Jane Doe Supervisors 1-5 |
| 1:2018cv03432 |
| April 19, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A Crotty |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.
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Filing 196
NOTICE OF APPEARANCE by Omar Javed Siddiqi on behalf of Sharif Ali, "John" Bayshim, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, John Herbst, Victor Mole, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson, The Estate of Deputy Chief Joseph DeMartino..(Siddiqi, Omar)
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Filing 195
NOTICE of Substitution of Attorney. Old Attorney: Joshua Lax, New Attorney: Omar J. Siddiqi, Address:. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson. (Attachments: #1 Affidavit).(Siddiqi, Omar)
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Filing 194
DECLARATION of Joshua J. Lax in Support re: #184 MOTION for Summary Judgment .. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson. (Attachments: #1 Exhibit Deposition Excerpts from Mariluz Santana, #2 Exhibit Deposition Excerpts from Plaintiff, #3 Exhibit Deposition Excerpts from Keith Aldridge, #4 Exhibit Excerpt from Plaintiff's Criminal Trial).(Lax, Joshua)
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Filing 193
REPLY MEMORANDUM OF LAW in Support re: #184 MOTION for Summary Judgment . . Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Lax, Joshua)
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Filing 191
DECLARATION of Gabriel P. Harvis in Opposition re: #184 MOTION for Summary Judgment .. Document filed by Johnny Hincapie. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit, #62 Exhibit, #63 Exhibit, #64 Exhibit, #65 Exhibit, #66 Exhibit, #67 Exhibit).(Harvis, Gabriel)
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Filing 190
RULE 56.1 STATEMENT. Document filed by Johnny Hincapie..(Harvis, Gabriel)
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Filing 189
MEMORANDUM OF LAW in Opposition re: #184 MOTION for Summary Judgment . . Document filed by Johnny Hincapie..(Harvis, Gabriel)
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Filing 188
MEMORANDUM OF LAW in Support re: #184 MOTION for Summary Judgment . . Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Lax, Joshua)
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Filing 187
RULE 56.1 STATEMENT. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Lax, Joshua)
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Filing 186
DECLARATION of Joshua J. Lax in Support re: #184 MOTION for Summary Judgment .. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Arthur Swenson. (Attachments: #1 Exhibit B: Hearing Transcript Excerpts).(Lax, Joshua)
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Filing 185
DECLARATION of Joshua J. Lax in Support re: #184 MOTION for Summary Judgment .. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson. (Attachments: #1 Exhibit A: First Amended Complaint, #2 Exhibit C: Ricardo Nova DD5s and Statements, #3 Exhibit D: Excerpts from Nova Interview, #4 Exhibit E: Decisions of Hon. Edwin Torres, #5 Exhibit F: Nova Certficate of Disposition, #6 Exhibit G: Pascal Carpentier DD5, #7 Exhibit H: Carpentier Statement, #8 Exhibit I: Excerpts from Carpentier Interview, #9 Exhibit J: Carpentier Certificate of Dispostion, #10 Exhibit K: Ricardo Lopez DD5, #11 Exhibit L: Lopez Statement, #12 Exhibit Excerpts of Lopez Interview, #13 Exhibit N: Lopez Certificate of Disposition, #14 Exhibit O: Emilio Fernandez DD5, #15 Exhibit P: Fernandez Additional DD5, #16 Exhibit Q: Fernandez Statement, #17 Exhibit R: Excerpts from Fernandez Interview, #18 Exhibit S: Fernandez Certificate of Disposition, #19 Exhibit T: DD5 for Karen Watkins, #20 Exhibit U: Line-Up Report, #21 Exhibit V: Plaintiff's Deposition Excerpts, #22 Exhibit W: Deposition Excerpts for ADA).(Lax, Joshua)
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Filing 184
MOTION for Summary Judgment . Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson. Responses due by 2/22/2022.(Lax, Joshua)
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Filing 192
MEMO ENDORSEMENT on re: #183 Proposed Scheduling Order filed by Johnny Hincapie. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/22/2022) (dgo)
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Filing 183
PROPOSED SCHEDULING ORDER. Document filed by Johnny Hincapie..(Harvis, Gabriel)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 12/17/2021. REMARK: Gabriel Harvis and Baree Fett appeared for the plaintiff. Joshua Lax appeared for the Defendants. The parties provided an update and the Court directed the parties to meet and confer on an expedited briefing schedule. The proposed schedule is due on or before December 27, 2021. See transcript for details. (Court Reporter Andrew Walker) (dgo)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 11/16/2021. REMARK: Gabriel Harvis and Baree Fett appeared for the Plaintiff. Joshua Lax appeared for the Defendants. The parties provided an update and the Court gave the parties additional time to discuss the next steps. The CCMP is amended to extend the Expert Discovery deadline to December 16, 2021. Another status conference will be held on December 20, 2021 at 11AM. **This conference was not transcribed by an SDNY Court Reporter. Instead, it was recorded on the At&T Conference line**. (dgo)
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CALENDAR ENTRY **REMINDER**: Status Conference scheduled to go forward on: Tuesday, November 16, 2021 @ 3:45 PM,via teleconference before Judge Paul A. Crotty, U.S.D.J. Dial-in: 888-363-4749. Access: 8539662. If the parties deem the conference unnecessary at this time, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Filing 182
ORDER: granting #181 Letter Motion to Continue. The request is Granted. SO ORDERED. Deposition due by 11/10/2021. (Signed by Judge Paul A. Crotty on 11/03/2021) (ama)
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Filing 181
JOINT LETTER MOTION to Continue Deposition After Close of Discovery addressed to Judge Paul A. Crotty from Joshua J. Lax dated October 28, 2021. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Matthew Santoro, Arthur Swenson..(Lax, Joshua)
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Filing 180
ORDER granting #179 Letter Motion to Adjourn Conference. The October 26 conference is adjourned to November 16, 2021 at 3:45 PM via teleconference. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 179
CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Crotty from Joshua J. Lax dated October 22, 2021. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Matthew Santoro, Arthur Swenson..(Lax, Joshua)
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Filing 178
ORDER granting #177 Letter Motion for Extension of Time to Complete Discovery. The request is granted. SO ORDERED.. (Signed by Judge Paul A. Crotty on 10/18/2021) (ks)
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Set/Reset Deadlines: Deposition due by 10/28/2021. Fact Discovery due by 10/28/2021. (ks)
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Filing 177
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Crotty from Gabriel P. Harvis dated October 15, 2021. Document filed by Johnny Hincapie..(Harvis, Gabriel)
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Filing 176
REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #174 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. All fact discovery shall be completed no later than 10/15/2021. Deposition due by 10/15/2021. All expert discovery shall be completed no later than 12/6/2021. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3 weeks. The next pretrial conference is scheduled for 10/26/2021 @ 3:00 PM in Courtroom 14C. (Signed by Judge Paul A. Crotty on 9/21/2021) (va)
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Set/Reset Deadlines: Expert Discovery due by 12/6/2021. Fact Discovery due by 10/15/2021. (va)
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Set/Reset Hearings: Pretrial Conference set for 10/26/2021 at 03:00 PM before Judge Paul A. Crotty. (va)
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Filing 175
PROPOSED CASE MANAGEMENT PLAN. Document filed by Johnny Hincapie. (Attachments: #1 Text of Proposed Order).(Harvis, Gabriel)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 9/13/2021. REMARK: Gabriel Harvis and Baree Fett appeared for the plaintiff. Joshua Lax appeared for the City Defendants. The deposition schedule is extended to October 15, 2021. Discovery will be completed by December 3, 2021. The parties are directed to propose a revised CCMP. A conference is set for October 26, 2021 at 3PM. See transcript for details. (Court Reporter Martha Martin) (dgo)
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Filing 174
JOINT LETTER MOTION for Extension of Time to Complete Discovery on behalf of All Parties addressed to Judge Paul A. Crotty from Joshua J. Lax dated September 1, 2021. Document filed by City of New York..(Lax, Joshua)
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Filing 173
STIPULATION AND ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material..., Motions terminated: #172 JOINT MOTION for Protective Order by Stipulation, filed by City of New York. (Signed by Judge Paul A. Crotty on 7/26/2021) (va)
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Filing 172
JOINT MOTION for Protective Order by Stipulation. Document filed by City of New York..(Lax, Joshua)
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Filing 171
ORDER granting #170 Letter Motion to Substitute Attorney. Mr. Nelson Leese is terminated from the docket. SO ORDERED. Attorney Nelson Leese terminated. (Signed by Judge Paul A. Crotty on 7/19/2021) (va)
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Filing 170
LETTER MOTION to Substitute Attorney. Old Attorney: Nelson R. Leese, New Attorney: Joshua Lax addressed to Judge Paul A. Crotty from Nelson R. Leese dated July 16, 2021. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Leese, Nelson)
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Filing 169
ORDER granting #168 Letter Motion to Substitute Attorney. The request is granted. So ordered. Attorney William Keaupuni Akina terminated. (Signed by Judge Paul A. Crotty on 6/1/2021) (va)
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Filing 168
LETTER MOTION to Substitute Attorney. Old Attorney: W. KeAupuni Akina, New Attorney: Joshua Lax and Nelson Leese addressed to Judge Paul A. Crotty from W. KeAupuni Akina dated May 27, 2021. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Akina, William)
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Filing 167
REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties consent do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3 weeks. Deposition due by 9/1/2021. Fact Discovery due by 9/1/2021. Expert Discovery due by 10/18/2021. Pretrial Conference set for 9/9/2021 at 12:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 5/19/2021) (nb)
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Filing 166
PROPOSED CASE MANAGEMENT PLAN. Document filed by Johnny Hincapie..(Harvis, Gabriel)
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Filing 165
NOTICE OF APPEARANCE by Joshua Joseph Lax on behalf of Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Lax, Joshua)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 5/4/2021. REMARK: Baree Fett and Gabriel Harvis appeared for the Plaintiff. Joshua Lax and Nelson Leese appeared for the Defendants. The parties provided an update and the Court directed the plaintiff to submit an extended proposed discovery schedule. A status conference is set for September 9, 2021 at 12 noon. See transcript for details. (Court Reporter George Malinowski) (dgo)
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CALENDAR ENTRY **REMINDER**: Status Conference scheduled to go forward on: Tuesday, May 4, 2021 @ 11:00 AM, via teleconference before Judge Paul A. Crotty, U.S.D.J. Dial-in: 888-363-4749. Access: 8539662. If the parties deem the conference unnecessary at this time, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Filing 164
ORDER granting #163 Letter Motion to Substitute Attorney. Mr. Sundaran is relieved as counsel in this matter. SO ORDERED.. (Signed by Judge Paul A. Crotty on 4/27/2021) Attorney Raju Sundaran terminated (ks)
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Filing 163
LETTER MOTION to Substitute Attorney. Old Attorney: Raju Sundaran, New Attorney: Nelson Leese and Joshua Lax addressed to Judge Paul A. Crotty from Raju Sundaran dated April 23, 2021. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson. (Attachments: #1 Affidavit Withdraw Counsel).(Sundaran, Raju)
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Filing 162
ORDER granting #161 Letter Motion to Adjourn Conference. The April 19 conference is adjourned to Tuesday, May 4 at 11:00 AM. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 161
CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Crotty from Gabriel P. Harvis dated April 13, 2021. Document filed by Johnny Hincapie..(Harvis, Gabriel)
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Filing 160
REVISE CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 6/3/2021. Fact Discovery due by 6/3/2021. Expert Discovery due by 8/2/2021. Pretrial Conference set for 4/19/2021 at 11:00 AM before Judge Paul A. Crotty. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3 weeks. (Signed by Judge Paul A. Crotty on 1/28/2021) (ks). Modified on 2/9/2021 (ks).
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Filing 159
PROPOSED CASE MANAGEMENT PLAN. Document filed by Johnny Hincapie..(Harvis, Gabriel)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Pretrial Teleconference held on 1/21/2021. REMARK: Baree Fett & Gabriel Harvis appeared for the Plaintiff. Nelson Leese & Raju Sundaran appeared for the Defendants. The parties provided an update and the Court directed the parties to submit a revised CCMP. See transcript for details. (Court Reporter Paula Speer) (dgo)
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CALENDAR ENTRY **REMINDER**: Status Conference scheduled to go forward on: Thursday, January 21, 2021 @ 4:00 PM, via teleconference before Judge Paul A. Crotty, U.S.D.J. Dial-in: 888-363-4749. Access: 8539662. If the parties deem the conference unnecessary at this time, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Filing 158
ORDER granting #156 Letter Motion for Extension of Time to Complete Discovery. The proposed briefing schedule is adopted. SO ORDERED.. (Signed by Judge Paul A. Crotty on 12/7/2020) (ks)
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CALENDAR ENTRY **REMINDER**: A conference is scheduled to go forward on: Thursday, December 10, 2020 @ 3:00 PM,via teleconference before Judge Paul A. Crotty, U.S.D.J. Dial-in: 888-363-4749. Access code: 8539662. If the parties deem the conference unnecessary at this time, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Set/Reset Deadlines: Deposition due by 3/5/2021. Expert Discovery due by 5/7/2021. Fact Discovery due by 3/5/2021. (ks)
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Filing 157
NOTICE OF APPEARANCE by Nelson Leese on behalf of Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Leese, Nelson)
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Filing 156
CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Crotty from Gabriel P. Harvis dated December 3, 2020. Document filed by Johnny Hincapie..(Harvis, Gabriel)
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Filing 155
NOTICE OF APPEARANCE by Ashley Rebecca Garman on behalf of Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Garman, Ashley)
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Calendar Entry *DATE CHANGE*: The Pretrial Conference that was scheduled to go forward on Monday, September 14, 2020 is rescheduled to: Wednesday, October 14, 2020 @ 3:00 PM before Judge Paul A. Crotty, U.S.D.J. Reason for adjournment (on consent): the 9/14/20 not necessary to the parties and the Court.. A PDF IS NOT ATTACHED TO THIS ENTRY (reset via e-mail communication by: David Gonzalez - Courtroom Deputy). (dgo)
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CALENDAR ENTRY **REMINDER**: Pretrial Conference scheduled to go forward on: Monday, September 14, 2020 @ 3:00 PM, via teleconference before Judge Paul A. Crotty, U.S.D.J. Any interested party may appear by calling in. Dial-in: 888-363-4749. Access Code: 8539662. If the parties deem the conference unnecessary at this time, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Filing 154
ORDER granting #153 Letter Motion to Substitute Attorney. Frank A. DeLuccia may withdraw as counsel for the City of New York. SO ORDERED.. (Signed by Judge Paul A. Crotty on 9/8/2020) Attorney Frank Andrew Deluccia terminated (ks)
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Filing 153
LETTER MOTION to Substitute Attorney. Old Attorney: Frank A. DeLuccia, New Attorney: Raju Sundaran and W. KeAupuni Akina addressed to Judge Paul A. Crotty from Frank A. DeLuccia dated September 4, 2020. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson. (Attachments: #1 Exhibit Declaration of Frank A. DeLuccia).(Deluccia, Frank)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 7/27/2020. REMARK: Baree Fett and Gabriel Harvis appeared for the plaintiff. Frank Deluccia, Raju Sundaran, and William Akina appeared for the defendants. The parties provided a status update and the Court set another conference for October 14, 2020 at 3 PM. See transcript for details. (Court Reporter Martha Martin) (dgo)
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CALENDAR ENTRY **REMINDER**: A telephonic status conference is scheduled to go forward on: Monday, July 27, 2020 @ 3:15 PM, before Judge Paul A. Crotty, U.S.D.J. Any interested party may appear using the provided dial-in. Dial-in: 888-363-4749. Access code: 8539662. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Filing 152
LETTER addressed to Judge Paul A. Crotty from W. KeAupuni Akina dated July 22, 2020 re: Motion to hold the July 27, 2020 status conference telephonically. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Akina, William)
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Filing 151
SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 1/4/2021. Fact Discovery due by 1/4/2021. Expert Discovery due by 3/8/2021. Pretrial Conference set for 7/27/2020 at 03:15 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 weeks. (Signed by Judge Paul A. Crotty on 4/21/2020) (ks)
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Filing 150
ORDER granting #149 Letter Motion to Stay. The Court recognizes the difficulty caused by the present pandemic and will grant the defendants' request for a 60 day extension. But there must be a substantial effort to comply. Further extensions are unlikely. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/21/2020) (ks)
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Filing 149
SECOND LETTER MOTION to Stay addressed to Judge Paul A. Crotty from W. KeAupuni Akina dated April 16, 2020. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson. (Attachments: #1 Proposed Amended Case Management Plan).(Akina, William)
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Filing 148
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. The case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Fact Discovery due by 11/4/2020. Deposition due by 11/5/2020. Expert Discovery due by 1/6/2021. Counsel for the parties have conferred and thier present best estimate of the length of trial is: 3 weeks. Pretrial Conference set for 9/14/2020 at 03:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 3/27/2020) (va)
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Filing 147
PROPOSED CASE MANAGEMENT PLAN. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, John Herbst, Victor Mole, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Akina, William)
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Filing 146
ORDER granting in part and denying in part #145 Letter Motion to Stay. The parties are directed to submit a new proposed discovery schedule. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 145
FIRST LETTER MOTION to Stay addressed to Judge Paul A. Crotty from Frank A. DeLuccia dated March 18, 2020. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Deluccia, Frank)
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Filing 144
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Johnny Hincapie. (Attachments: #1 Text of Proposed Order).(Harvis, Gabriel)
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Filing 143
ANSWER to #97 Amended Complaint,, with JURY DEMAND. Document filed by Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, Arthur Swenson..(Akina, William)
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Filing 142
OPINION & ORDER re: #125 MOTION to Dismiss First Amended Complaint - Dkt. No. 97. filed by Sharif Ali, #114 MOTION to Dismiss the First Amended Complaint Dkt. No. 97. filed by Victor Mole, #133 MOTION to Dismiss the First Amended Complaint. filed by Arthur Swenson, #101 MOTION to Dismiss the First Amended Complaint. filed by Donald Casey, Matthew Santoro, Carlos Gonzalez, City of New York, Timothy Connolly, Daniel Rizzo, James Christie, Gary Borman, Jose Roman Rosario. Defendants' motion to dismiss the Complaint for failure to state a claim is GRANTED in part and DENIED in part. The motion is GRANTED as to Defendants Bayshim, Herbst, Demartino, and Mole. The Court GRANTS the motion to dismiss the Monell claim against the City (Claim 5) and the false arrest claims (Claim 6). Defendants' motion to dismiss the remaining claims is DENIED as to all other Defendants. The Clerk of the Court is directed to close the motions at Dkts. 101, 114, 125, 133. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/22/2020) (ks)
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Filing 141
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/5/2019 before Judge Paul A. Crotty. Court Reporter/Transcriber: Sonya Ketter Moore, (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 1/30/2020. Redacted Transcript Deadline set for 2/10/2020. Release of Transcript Restriction set for 4/8/2020.(McGuirk, Kelly)
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Filing 140
REPLY MEMORANDUM OF LAW in Support re: #133 MOTION to Dismiss the First Amended Complaint. . Document filed by Arthur Swenson. (Deluccia, Frank)
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Filing 139
ORDER granting #138 Letter Motion for Extension of Time to File Response/Reply re #138 LETTER MOTION for Extension of Time to File Response/Reply re: Defendant Swenson's Reply to Plaintiff's Opposition addressed to Judge Paul A. Crotty from Frank A. DeLuccia dated December 24, 2019. Time to respond is extended to Monday, January 6, 2020. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/2/2020) Replies due by 1/6/2020. (ks)
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Filing 138
LETTER MOTION for Extension of Time to File Response/Reply re: Defendant Swenson's Reply to Plaintiff's Opposition addressed to Judge Paul A. Crotty from Frank A. DeLuccia dated December 24, 2019. Document filed by Arthur Swenson.(Deluccia, Frank)
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Filing 137
DECLARATION of Gabriel P. Harvis in Opposition re: #133 MOTION to Dismiss the First Amended Complaint.. Document filed by Johnny Hincapie. (Attachments: #1 Exhibit)(Harvis, Gabriel)
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Filing 136
MEMORANDUM OF LAW in Opposition re: #133 MOTION to Dismiss the First Amended Complaint. . Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 135
DECLARATION of Frank A. DeLuccia in Support re: #133 MOTION to Dismiss the First Amended Complaint.. Document filed by Arthur Swenson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Deluccia, Frank)
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Filing 134
MEMORANDUM OF LAW in Support re: #133 MOTION to Dismiss the First Amended Complaint. . Document filed by Arthur Swenson. (Deluccia, Frank)
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Filing 133
MOTION to Dismiss the First Amended Complaint. Document filed by Arthur Swenson.(Deluccia, Frank)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Oral Argument held on 12/5/2019. REMARK: Gabriel Harvis and Baree Fett appeared for the plaintiff. Raju Sundaran and Frank Deluccia appeared for the defendants. Argument was heard on the pending motions. Plaintiff's request to extend the FourM(4M)service deadline is granted. See transcript for details. (Court Reporter Sonya Huggins) (dgo)
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CALENDAR ENTRY **REMINDER**: Oral Argument is scheduled to go forward on: Thursday, December 5, 2019 @ 3:00 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Filing 132
REPLY MEMORANDUM OF LAW in Support re: #125 MOTION to Dismiss First Amended Complaint - Dkt. No. 97. . Document filed by Sharif Ali. (Deluccia, Frank)
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Filing 131
MEMORANDUM OF LAW in Opposition re: #125 MOTION to Dismiss First Amended Complaint - Dkt. No. 97. . Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 130
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Arthur Swenson served on 11/18/2019, answer due 12/9/2019. Service was accepted by E. Cordero. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 129
ELECTRONIC SUMMONS ISSUED as to Arthur Swenson. (sj)
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Filing 128
REQUEST FOR ISSUANCE OF SUMMONS as to Arthur Swenson, re: #97 Amended Complaint,,. Document filed by Johnny Hincapie. (Fett, Baree)
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Filing 127
DECLARATION of Frank A. DeLuccia in Support re: #125 MOTION to Dismiss First Amended Complaint - Dkt. No. 97.. Document filed by Sharif Ali. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Deluccia, Frank)
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Filing 126
MEMORANDUM OF LAW in Support re: #125 MOTION to Dismiss First Amended Complaint - Dkt. No. 97. . Document filed by Sharif Ali. (Deluccia, Frank)
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Filing 125
MOTION to Dismiss First Amended Complaint - Dkt. No. 97. Document filed by Sharif Ali.(Deluccia, Frank)
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NOTICE of Oral Argument: Oral Argument on the pending motions to dismiss is scheduled to go forward on: Thursday, December 5, 2019 at 3:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before the Honorable Paul A. Crotty, U.S.D.J.. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)
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Filing 124
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Sharif Ali served on 10/16/2019, answer due 11/6/2019. Service was accepted by P.O. Conwell, Shield No. 28520. Document filed by Johnny Hincapie. (Fett, Baree)
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Filing 123
NOTICE OF APPEARANCE by Frank Andrew Deluccia on behalf of Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Victor Mole, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro. (Deluccia, Frank)
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Filing 122
ELECTRONIC SUMMONS ISSUED as to Sharif Ali. (jgo)
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Filing 121
REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Sharif Ali, re: #97 Amended Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gabriel Paul Harvis to RE-FILE Document No. #120 Request for Issuance of Summons. The filing is deficient for the following reason(s): defendant name contains a typographical error in the 'To' field on the summons request PDF, and in the docket entry text. 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 corrected summons form PDF. (pne)
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Filing 120
FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - As To ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Sheriff Ali, re: #97 Amended Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 9/20/2019 (pne).
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Filing 119
REPLY MEMORANDUM OF LAW in Support re: #114 MOTION to Dismiss the First Amended Complaint Dkt. No. 97. . Document filed by Victor Mole. (Akina, William)
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Filing 118
DECLARATION of Gabriel P. Harvis in Opposition re: #114 MOTION to Dismiss the First Amended Complaint Dkt. No. 97.. Document filed by Johnny Hincapie. (Attachments: #1 Exhibit)(Harvis, Gabriel)
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Filing 117
MEMORANDUM OF LAW in Opposition re: #114 MOTION to Dismiss the First Amended Complaint Dkt. No. 97. . Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 116
DECLARATION of W. KeAupuni Akina in Support re: #114 MOTION to Dismiss the First Amended Complaint Dkt. No. 97.. Document filed by Victor Mole. (Attachments: #1 Exhibit A)(Akina, William)
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Filing 115
MEMORANDUM OF LAW in Support re: #114 MOTION to Dismiss the First Amended Complaint Dkt. No. 97. . Document filed by Victor Mole. (Akina, William)
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Filing 114
MOTION to Dismiss the First Amended Complaint Dkt. No. 97. Document filed by Victor Mole.(Akina, William)
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Filing 113
MEMO ENDORSEMENT on re: #112 Letter filed by Victor Mole. Victor Mole may file a separate motion to dismiss. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/22/2019) (ks)
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Filing 112
LETTER addressed to Judge Paul A. Crotty from W. KeAupuni Akina dated August 19, 2019 re: Dkt. No. #101 Request to apply defendants' moving papers equally to defendant Mole. Document filed by Victor Mole.(Akina, William)
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Filing 111
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Victor Mole served on 7/29/2019, answer due 8/19/2019. Service was accepted by Officer Mirabello. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 110
REPLY MEMORANDUM OF LAW in Support re: #101 MOTION to Dismiss the First Amended Complaint. . Document filed by Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro. (Akina, William)
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Filing 109
LETTER addressed to Judge Paul A. Crotty from Gabriel P. Harvis dated June 20, 2019 re: Respectfully enclosing intervening authority in connection with defendants' pending motion to dismiss. Document filed by Johnny Hincapie. (Attachments: #1 Exhibit USSC decision in McDonough v. Smith, 588 U.S. ____ (2019))(Harvis, Gabriel)
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Filing 108
DECLARATION of Gabriel P. Harvis in Opposition re: #101 MOTION to Dismiss the First Amended Complaint.. Document filed by Johnny Hincapie. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Harvis, Gabriel)
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Filing 107
MEMORANDUM OF LAW in Opposition re: #101 MOTION to Dismiss the First Amended Complaint. . Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 106
ELECTRONIC SUMMONS ISSUED as to Victor Mole. (pc)
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Filing 105
LETTER addressed to Judge Paul A. Crotty from W. KeAupuni Akina dated June 6, 2019 re: Request for so-ordered subpoena regarding former Sgt. Ali. Document filed by Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro. (Attachments: #1 Proposed Subpoena)(Akina, William)
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Filing 104
REQUEST FOR ISSUANCE OF SUMMONS as to Victor Mole, re: #97 Amended Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 103
MEMORANDUM OF LAW in Support re: #101 MOTION to Dismiss the First Amended Complaint. . Document filed by Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro. (Akina, William)
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Filing 102
DECLARATION of W. KeAupuni Akina in Support re: #101 MOTION to Dismiss the First Amended Complaint.. Document filed by Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Akina, William)
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Filing 101
MOTION to Dismiss the First Amended Complaint. Document filed by Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Roman Rosario, Matthew Santoro. Responses due by 6/17/2019(Akina, William)
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Filing 100
ORDER denying #99 Letter Motion for Leave to File Excess Pages. Request DENIED. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/17/2019) (ks)
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Filing 99
LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Crotty from W. KeAupuni Akina dated May 15, 2019. Document filed by Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Roman Rosario, Matthew Santoro.(Akina, William)
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Filing 98
NOTICE OF APPEARANCE by William Keaupuni Akina on behalf of Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Carlos Gonzalez, Daniel Rizzo, Jose Roman Rosario, Matthew Santoro. (Akina, William)
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Filing 97
FIRST AMENDED COMPLAINT amending #1 Complaint,, against Sharif Ali, "John" Bayshim, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, John and Jane Doe Detectives 1-5, Carlos Gonzalez, John Herbst, Victor Mole, Daniel Rizzo, Jose Ramon Rosario, Matthew Santoro, John and Jane Doe Supervisors 1-5, Arthur Swenson, The Estate of Deputy Chief Joseph DeMartino with JURY DEMAND.Document filed by Johnny Hincapie. Related document: #1 Complaint,,. (Attachments: #1 Exhibit Basis for leave to amend, Fed. R. Civ. P. 15(a)(1)(B), #2 Exhibit Basis for leave to amend, leave of Court)(Harvis, Gabriel)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gabriel Paul Harvis to RE-FILE re: Document No. #96 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party The Estate of Deputy Chief Joseph Demartino; Court leave must be granted. 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 Amended 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. (jgo)
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Filing 96
FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint,, against Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Timothy Connolly, Joseph DeMartino, Carlos Gonzalez, Daniel Rizzo, Matthew Santoro, Arthur Swenson, Jose Ramon Rosario, John Herbst, John and Jane Doe Supervisors 1-5, John and Jane Doe Detectives 1-5, Victor Mole, "John" Bayshim with JURY DEMAND.Document filed by Johnny Hincapie. Related document: #1 Complaint,,.(Harvis, Gabriel) Modified on 5/6/2019 (jgo).
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Filing 95
MEMO ENDORSEMENT on re: #94 Proposed Order for Withdrawal of Attorney filed by City of New York. ENDORSEMENT: Leave to withdraw is granted. SO ORDERED. Attorney Matthew Stein terminated. (Signed by Judge Paul A. Crotty on 5/1/2019) (jca)
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Filing 94
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by City of New York. (Stein, Matthew)
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Filing 93
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/26/19 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)
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Filing 92
TRANSCRIPT of Proceedings re: conference held on 3/26/2019 before Judge Paul A. Crotty. Court Reporter/Transcriber: Andrew Walker, (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 5/15/2019. Redacted Transcript Deadline set for 5/28/2019. Release of Transcript Restriction set for 7/23/2019.(McGuirk, Kelly)
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Filing 91
MEMORANDUM OF LAW in Support re: #89 MOTION to Dismiss Complaint. . Document filed by Gary Borman, Donald Casey, James Christie, City of New York, Michael Clark, Timothy Connolly, Mark Cousins, Glenn D'Ottavio, Carlos Gonzalez, Thomas Marino, Wilfred Melendez, Jeff Moorer, Robert Nardi, Daniel Rizzo, Jose Roman Rosario, Matthew Santoro. (Stein, Matthew)
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Filing 90
DECLARATION of Matthew E. Stein in Support re: #89 MOTION to Dismiss Complaint.. Document filed by Gary Borman, Donald Casey, James Christie, City of New York, Michael Clark, Timothy Connolly, Mark Cousins, Glenn D'Ottavio, Carlos Gonzalez, Thomas Marino, Wilfred Melendez, Jeff Moorer, Robert Nardi, Daniel Rizzo, Jose Roman Rosario, Matthew Santoro. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Stein, Matthew)
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Filing 89
MOTION to Dismiss Complaint. Document filed by Gary Borman, Donald Casey, James Christie, City of New York, Michael Clark, Timothy Connolly, Mark Cousins, Glenn D'Ottavio, Carlos Gonzalez, Thomas Marino, Wilfred Melendez, Jeff Moorer, Robert Nardi, Daniel Rizzo, Jose Roman Rosario, Matthew Santoro.(Stein, Matthew)
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Filing 88
LETTER addressed to Judge Paul A. Crotty from Matthew Stein dated 3/26/19 re: 3/26/19 Order. Document filed by City of New York. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Stein, Matthew)
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Filing 87
NOTICE OF APPEARANCE by Raju Sundaran on behalf of City of New York. (Sundaran, Raju)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 3/26/2019. REMARK: Gabriel Harvis and Baree Fett appeared for the plaintiff. Matthew Stein and Raju Sundaran appeared for the defendants. Plaintiff may take the one requested deposition. The Court set the following motion schedule. Motion due by: April 12, 2019. Response due by May 13, 2019. Reply due by May 24, 2019. See transcript for details. (Court Reporter Andrew Walker) (dgo)
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CALENDAR ENTRY **REMINDER**: Pre-Motion Conference scheduled to go forward on: Tuesday, March 26, 2019 @ 11:30 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Thursday, March 21, 2019 @ 12:15 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)
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Filing 86
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from Gabriel P. Harvis dated March 11, 2019 re: #85 LETTER MOTION for Conference (Pre-Motion Conference in advance of Defendants' Motion to Dismiss addressed to Judge Paul A. Crotty from Matthew Stein dated March 6, 2019. . Document filed by Johnny Hincapie. (Attachments: #1 Exhibit Certificate of disposition, #2 Exhibit Email)(Harvis, Gabriel)
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Filing 85
LETTER MOTION for Conference (Pre-Motion Conference in advance of Defendants' Motion to Dismiss addressed to Judge Paul A. Crotty from Matthew Stein dated March 6, 2019. Document filed by Gary Borman, Donald Casey, James Christie, City of New York, Michael Clark, Timothy Connolly, Mark Cousins, Glenn D'Ottavio, Carlos Gonzalez, Thomas Marino, Wilfred Melendez, Jeff Moorer, Robert Nardi, Daniel Rizzo, Jose Roman Rosario, Matthew Santoro.(Stein, Matthew)
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Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 2/7/2019 at 9:30 a.m. Case not settled. (rsh)
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Filing 84
ORDER granting #83 Letter Motion to Adjourn Conference. Request granted on consent. Settlement conference adjourned to Feb. 7,8 2019. No further extensions absent compelling circumstances. SO ORDERED. Settlement Conference set for 2/7/2019 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 12/4/2018) (mml)
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Filing 83
LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Matthew Stein dated December 4, 2018. Document filed by City of New York.(Stein, Matthew)
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Filing 82
SCHEDULING ORDER: Settlement Conference set for 12/19/2018 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than December 12, 2018, by 5:00 p.m. (Signed by Magistrate Judge Robert W. Lehrburger on 10/10/2018) (rsh)
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Filing 81
ORDER: As discussed in the pre-settlement teleconference today, the Parties ex parte confidential settlement conference letters may be ten pages or less in length. The settlement letters are due ten business days before the settlement conference. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/25/2018) (Lehrburger, Robert)
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Filing 80
MEMO ENDORSEMENT on re: #77 Letter clarifying that the deadlines are stayed, filed by City of New York. ENDORSEMENT: The matter has already been referred. All upcoming deadlines are stayed pending outcome of conference before Magistrate Judge Lehrburger. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/24/18) (yv)
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Filing 79
NOTICE to parties, The scheduled Pre-Settlement Telephone Conference for today shall start at 4:30 p.m. Parties shall jointly call the chambers line at (212)-805-0113. (rsh).
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Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 9/24/2018 at 4:30 p.m. (rsh)
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Filing 78
SCHEDULING ORDER: Telephone Conference set for 9/24/2018 at 3:45 PM in advance of a settlement conference before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review Judge Lehrburger's Individual Practices and Settlement Conference Procedures. Counsel shall jointly call the chambers conference line at (212) 805-0113. (Signed by Magistrate Judge Robert W. Lehrburger on 9/21/2018) (rsh)
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Filing 77
LETTER addressed to Judge Paul A. Crotty from Matthew Stein dated September 21, 2018 re: Clarification of the Court's 9/19/18 Order. Document filed by City of New York.(Stein, Matthew)
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Filing 76
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement: 60 days. Referred to Magistrate Judge Robert W. Lehrburger., Motions terminated: #74 JOINT LETTER MOTION for Extension of Time /Request for Referral to Magistrate addressed to Judge Paul A. Crotty from Matthew Stein dated 9/18/18. filed by City of New York. So Ordered. (Signed by Judge Paul A. Crotty on 9/19/18) (yv)
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Filing 75
ORDER granting #73 Letter Motion for Extension of Time. The requested extension to October 1, 2018 is granted. SO ORDERED. (Service due by 10/1/2018.) (Signed by Judge Paul A. Crotty on 9/18/18) (yv)
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Filing 74
JOINT LETTER MOTION for Extension of Time /Request for Referral to Magistrate addressed to Judge Paul A. Crotty from Matthew Stein dated 9/18/18. Document filed by City of New York.(Stein, Matthew)
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Filing 73
CONSENT LETTER MOTION for Extension of Time to complete service pursuant to Fed. R. Civ. P. 4(m) addressed to Judge Paul A. Crotty from Gabriel P. Harvis dated September 17, 2018. Document filed by Johnny Hincapie.(Harvis, Gabriel)
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Filing 72
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Wilfred Melendez served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 71
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Glenn D'Ottavio served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 70
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Timothy Connolly served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 69
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Gary Borman served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 68
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Matthew Santoro served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 67
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Jose Roman Rosario served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 66
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Daniel Rizzo served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 65
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Robert Nardi served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 64
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Thomas Marino served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 63
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Carlos Gonzalez served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 62
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Allen F. Garcia served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 61
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Michael Clark served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 60
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. James Christie served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 59
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Donald Casey served on 8/16/2018, answer due 9/6/2018. Service was accepted by P.O. John Toscano. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 58
ELECTRONIC SUMMONS ISSUED as to Jeff Moorer. (dnh)
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Filing 57
REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Jeff Moorer, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 56
ELECTRONIC SUMMONS ISSUED as to Wilfred Melendez. (dnh)
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Filing 55
ELECTRONIC SUMMONS ISSUED as to Glenn D'Ottavio. (dnh)
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Filing 54
ELECTRONIC SUMMONS ISSUED as to Timothy Connolly. (dnh)
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Filing 53
ELECTRONIC SUMMONS ISSUED as to Gary Borman. (dnh)
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Filing 52
ELECTRONIC SUMMONS ISSUED as to Matthew Santoro. (dnh)
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Filing 51
ELECTRONIC SUMMONS ISSUED as to Jose Roman Rosario. (dnh)
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Filing 50
ELECTRONIC SUMMONS ISSUED as to Daniel Rizzo. (dnh)
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Filing 49
ELECTRONIC SUMMONS ISSUED as to Robert Nardi. (dnh)
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Filing 48
ELECTRONIC SUMMONS ISSUED as to Thomas Marino. (dnh)
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Filing 47
ELECTRONIC SUMMONS ISSUED as to Carlos Gonzalez. (dnh)
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Filing 46
ELECTRONIC SUMMONS ISSUED as to Allen F. Garcia. (dnh)
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Filing 45
ELECTRONIC SUMMONS ISSUED as to Michael Clark. (dnh)
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Filing 44
ELECTRONIC SUMMONS ISSUED as to James Christie. (dnh)
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Filing 43
ELECTRONIC SUMMONS ISSUED as to Donald Casey. (dnh)
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Filing 42
REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Wildred Melendez, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 41
REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Glenn D'Ottavio, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 40
REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Timothy Connolly, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 39
REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Gary Borman, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 38
REQUEST FOR ISSUANCE OF SUMMONS as to Detective Matthew Santoro, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 37
REQUEST FOR ISSUANCE OF SUMMONS as to Detective Jose Roman Rosario, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 36
REQUEST FOR ISSUANCE OF SUMMONS as to Detective Daniel Rizzo, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 35
REQUEST FOR ISSUANCE OF SUMMONS as to Detective Robert Nardi, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 34
REQUEST FOR ISSUANCE OF SUMMONS as to Detective Thomas Marino, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 33
REQUEST FOR ISSUANCE OF SUMMONS as to Detective Carlos Gonzalez, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 32
REQUEST FOR ISSUANCE OF SUMMONS as to Detective Allen F. Garcia, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 31
REQUEST FOR ISSUANCE OF SUMMONS as to Detective Michael Clark, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 30
REQUEST FOR ISSUANCE OF SUMMONS as to Detective James Christie, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 29
REQUEST FOR ISSUANCE OF SUMMONS as to Detective Donald Casey, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 28
ELECTRONIC SUMMONS ISSUED as to Mark Cousins. (dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gabriel Paul Harvis to RE-FILE Document No. #17 Request for Issuance of Summons, #15 Request for Issuance of Summons, #18 Request for Issuance of Summons, #21 Request for Issuance of Summons, #26 Request for Issuance of Summons, #22 Request for Issuance of Summons, #25 Request for Issuance of Summons, #20 Request for Issuance of Summons, #19 Request for Issuance of Summons, #24 Request for Issuance of Summons, #14 Request for Issuance of Summons, #23 Request for Issuance of Summons, #16 Request for Issuance of Summons, #27 Request for Issuance of Summons. The filing is deficient for the following reason(s): PARTY ERROR; The party listed on the PDF and in the docket entry must exactly match the party of record. 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. (dnh)
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Filing 27
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Jose Roman Rosario, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 26
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer James Christie, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 25
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Robert Nardi, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 24
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Wilfred Melendez, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 23
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Thomas Marino, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 22
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Michael Clark, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 21
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Glenn Dottavio, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 20
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Matthew Santoro, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 19
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Donald Casey, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 18
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Carlos Gonzalez, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 17
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Alan Garcia, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 16
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Tim Connelly, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 15
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Daniel Rizzo, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 14
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Gary Borman, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel) Modified on 8/8/2018 (dnh).
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Mark Cousins, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer. The relief requested on pg 2 is granted. City of New York answer due 9/21/2018 (Signed by Judge Paul A. Crotty on 7/18/2018) (cf)
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Filing 11
LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Crotty from Matthew Stein dated July 17, 2018. Document filed by City of New York.(Stein, Matthew)
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Filing 10
NOTICE OF CHANGE OF ADDRESS by Gabriel Paul Harvis on behalf of Johnny Hincapie. New Address: Elefterakis, Elefterakis & Panek, 80 Pine Street, 38th Floor, New York, New York, United States 10005, (212) 532-1116. (Harvis, Gabriel)
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Filing 9
NOTICE OF CHANGE OF ADDRESS by Baree Nichole Fett on behalf of Johnny Hincapie. New Address: Elefterakis, Elefterakis & Panek, 80 Pine Street, 38th Floor, New York, New York, United States 10005, 2125321116. (Fett, Baree)
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Filing 8
NOTICE OF APPEARANCE by Baree Nichole Fett on behalf of Johnny Hincapie. (Fett, Baree)
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Filing 7
ORDER granting #6 Letter Motion for Extension of Time to Answer re #6 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Crotty from Matthew Stein dated 5/21/18. A 60 day extension is granted. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul)
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Filing 6
LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Crotty from Matthew Stein dated 5/21/18. Document filed by City of New York.(Stein, Matthew)
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Filing 5
NOTICE OF APPEARANCE by Matthew Stein on behalf of City of New York. (Stein, Matthew)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to City of New York. (pne)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,,. Document filed by Johnny Hincapie. (Harvis, Gabriel)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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. (pne)
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Magistrate Judge Robert W. Lehrburger 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. (pne)
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Case Designated ECF. (pne)
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Filing 2
CIVIL COVER SHEET filed. (Harvis, Gabriel)
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Filing 1
COMPLAINT against Sharif Ali, Gary Borman, Donald Casey, James Christie, City of New York, Michael Clark, Timothy Connolly, Mark Cousins, Daniel Curtain, Glenn D'Ottavio, Joseph DeMartino, Allen F. Garcia, Carlos Gonzalez, Green, Jack Herbst, John and Jane Doe 1 through 20, Thomas Marino, Wilfred Melendez, Jeff Moorer, Bob Murphy, Robert Nardi, Daniel Rizzo, Jose Roman Rosario, Matthew Santoro, Arthur Swenson. (Filing Fee $ 400.00, Receipt Number 0208-14961954)Document filed by Johnny Hincapie.(Harvis, Gabriel)
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