Jones v. City Of New York et al
| Henry Jones |
| City Of New York, Saul Quiles Morales, Ruben Serrano and Daniel Ryan |
| 1:2018cv04064 |
| May 7, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| George B. Daniels |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
154
ORDER SCHEDULING ORAL ARGUMENT: A telephonic Oral Argument in this matter is hereby scheduled for Wednesday, February 10, 2021, at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. ( Telephone Conference set for 2/10/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/13/2021) (mro)
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Filing
145
MEMORANDUM DECISION AND ORDER adopting 137 Report and Recommendations re: 117 Motion to Dismiss, 92 Motion for Summary Judgment: Having reviewed the Report for clear error and finding none, this Court ADOPTS Magistrate Judge Parker's Re port and Recommendation in full. Defendant City's motion for summary judgment, (ECF No. 92), is DENIED without prejudice. Individual Defendants' motion to dismiss pursuant to Rule 12(b)(5), (ECF No. 117), is DENIED with prejudice. The Clerk of Court is directed to close the motions accordingly. (Signed by Judge George B. Daniels on 11/10/2020) (jwh)
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Filing
142
ORDER granting 141 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/5/2020) (mro)
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Filing
140
ORDER: The Court hereby orders a telephonic case management conference for Wednesday, January 13, 2021, at 10:30 a.m. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. ( Telephone Conference set for 1/13/2021 at 10:30 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/4/2020) (mro)
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Filing
134
ORDER: The Court hereby orders a telephonic case management conference and oral argument, regarding Plaintiff's 4(m) extension motion and the Individual Defendants Officers Serrano and Ryan's motion to dismiss, for this Friday, October 16, 2020, at 12:00 p.m. Counsel for the parties are directed to call Judge Parkers AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. SO ORDERED., ( Telephone Conference set for 10/16/2020 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 10/14/2020) (ama)
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Filing
97
ORDER: Plaintiff's request for permission for alternative service on Defendants Ryan and Serrano is granted. Under Federal Rule of Civil Procedure 4(e)(1) and New York Civil Practice Law and Rules Section 308, the Court may allow al ternate service, including by mail, when other types of service are impracticable. Ransome v. Epstein, No. 17-CV-616 (JGK), 2018 WL 637421, at *1 (S.D.N.Y. Jan. 30, 2018). Given the Covid-19 national emergency and Plaintiff's represen tation that other forms of service are impracticable, Plaintiff may serve the Defendants by alternate service and will file proof of such service by no later than May 4, 2020. (Signed by Magistrate Judge Katharine H. Parker on 4/30/2020) (mro)
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Filing
88
STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Katharine H. Parker on 3/5/2020) (rjm)
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Filing
85
ORDER granting 84 Letter Motion to Adjourn Conference. SO ORDERED. (Signed by Judge George B. Daniels on 3/2/2020) (kv)
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Filing
83
UNSEALING ORDER: IT IS HEREBY ORDERED THAT the Bronx County Grand Jury testimony of Christopher Rice, and Police Officers Saul Quiles-Morales, Sherrod Stuart, and Ruben Serrano in the matter of People v. Christopher Rice, Case No. 2016BX001519 b e made available to James E. Johnson, Corporation Counsel of the City of New York, or to his authorized representatives for inspection, photocopying, and use in the above-referenced federal action on or before March 13, 2020, and that the file sha ll thereafter be sealed. It is further ORDERED that the Bronx County District Attorney's Office and/or the Office of the Corporation Counsel may redact as necessary to protect confidential information prior to disclosure. It is further ORDER ED that on or before March 27, 2020, the redacted minutes shall be produced to plaintiff's counsel in the above referenced action. It is further ORDERED that the parties use the Grand Jury testimony solely for purposes of the pending federal l awsuit in the United States District Court for the Southern District of New York, Henry Jones v. City of New York, et al., 18 CV 4064 (GBD) (KHP). It is further; ORDERED that counsel for the parties to the federal action shall not use the Grand Ju ry testimony for any purpose other than for the preparation or presentation of plaintiffs case in this action, including at trial in front of a jury, and the parties shall not publically file the Grand Jury testimony or otherwise make the Grand J ury testimony known except as stated herein; and it is further ORDERED that the provision of this Order shall survive the termination of the above referenced federal civil proceeding. (Signed by Magistrate Judge Katharine H. Parker on 2/26/2020) (ks) Transmission to Sealed Records Clerk for processing.
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Filing
78
ORDER TO UNSEAL GRAND JURY MINUTES: IT IS HEREBY ORDERED that the grand jury minutes for Sherrod Stuart will be unsealed by the clerk for the Bronx Supreme Court and/or the District Attorneys Office for Bronx County, and made available for copying and review by counsel for Henry Jones. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/13/2020) (ks)
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Filing
71
OPINION ON MOTION TO AMEND: For the reasons set forth above, Plaintiff's motion to amend is granted. Consistent with the Court's direction at the February 5, 2020 conference, the parties shall meet and confer as to the final version of the Amended Pleading and Plaintiff shall file the Amended Complaint on ECF by no later than February 10, 2020. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/6/2020) ( Amended Pleadings due by 2/10/2020.) (ks) (Main Document 71 replaced on 2/6/2020) (ca).
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Filing
58
ORDER granting 56 Letter Motion to Adjourn Conference. The conference scheduled for January 7, 2020 is adjourned to March 3, 2020 at 9:45 a.m. So Ordered. (Initial Conference set for 3/3/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/7/20) (yv)
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Filing
54
ORDER: The following order is entered: Discovery. The fact discovery deadline is extended to January 17, 2020. No further extensions will be granted. Status Letter. The City is directed to file a status letter by December 20, 2019 to update the Co urt as to whether the City will accept service of Plaintiff's forthcoming deposition subpoena. The letter will also state the date for the pending deposition and address whether Corporation Counsel will be representing the witness at the depo sition. Motion to Amend. By December 16, 2019, Plaintiff will provide a copy of the proposed amended complaint to the City. Plaintiff will also provide a redline of the proposed amended complaint to the operative complaint. By January 8, 2020, Pla intiff will file a letter updating the Court as to whether the City has consented to Plaintiff's proposed amendment or, alternatively, Plaintiff will file a moving brief. The City's opposition, if any, is due by January 17, 2020. Plainti ff's reply, if any, is due by January 24, 2020. Status Conference. A status conference in this case is hereby scheduled for February 5, 2020 at 11:00 a.m. The parties are directed to be prepared to discuss Plaintiff's motion to amend if filed. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/6/2019) ( Fact Discovery due by 1/17/2020., Responses due by 1/17/2020, Replies due by 1/24/2020., Status Conference set for 2/5/2020 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (ks)
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Filing
51
ORDER: granting 50 Letter Motion to Adjourn Conference. The Initial Conference is adjourned from December 2, 2019 to January 7, 2020 at 9:45 a.m. SO ORDERED. Initial Conference set for 1/7/2020 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 12/03/2019) (ama)
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Filing
47
ORDER denying 46 Motion to Compel. The Court is in receipt of the City's motion to compel Plaintiff to be deposed on November 22, 2019. (Doc. No. 46.) The City's motion is denied. The deadline for discovery is extended to December 6, 2019. Plaintiff's counsel shall provide the City with a date certain for Plaintiff's deposition by November 27, 2019. The parties are directed to file a joint letter by December 6, 2019 to inform the Court as to the status of the case and if the parties intend to file dispositive motions. Plaintiff is warned that failure to participate in discovery may result in sanctions or the dismissal of the case for failure to prosecute. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/20/2019) (ks)
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