Abusikin v. City of New York et al
| Garelabi Abusikin |
| City of New York, Mirjan Lolja and John Does 1-2 |
| 1:2018cv04582 |
| May 23, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Analisa Torres |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
172
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Analisa Torres, United States District Judge, the jury having returned a verdict in favor of Defendant, and the Complaint is hereby dismissed. So Ordered. (Signed by Judge Analisa Torres on 10/24/2022) (vfr)
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Filing
155
ORDER: The status conference scheduled for October 12, 2022, at 2:00 p.m., will be held using the Court's videoconferencing system. Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the vi deo feed, only the Court, Plaintiff, Plaintiff's counsel, Defendants, and defense counsel will appear by video for the proceeding; all others may participate by telephone. Co-counsel, members of the press, and the public may access the audio fee d of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED., ( Final Pretrial Conference set for 10/12/2022 at 02:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 10/11/2022) (ama)
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Filing
153
ORDER re: 147 Letter filed by Garelabi Abusikin, 150 Trial Brief filed by Garelabi Abusikin, 151 Letter filed by City of New York, Mirjan Lolja. Accordingly, upon reconsideration, Defendants' motion for summary judgment on Plai ntiff's § 1983 malicious prosecution claim is DENIED. By October 7, 2022, the parties shall file a jointly proposed jury instruction for Plaintiff's reinstated § 1983 malicious prosecution claim. SO ORDERED. (Signed by Judge Analisa Torres on 10/3/2022) (kv)
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Filing
148
ORDER re: 147 Letter filed by Garelabi Abusikin. Accordingly, by September 19, 2022, Plaintiff shall file a letter brief outlining his position with respect to his malicious prosecution claim under 42 U.S.C. § 1983. By September 22, 2022, Defendants shall file their response. No extension shall be granted absent a showing of good cause. SO ORDERED. (Brief due by 9/19/2022., Responses to Brief due by 9/22/2022) (Signed by Judge Analisa Torres on 9/14/2022) (kv)
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Filing
144
ORDER: Accordingly, by September 13, 2022, the parties shall submit their revisions or a joint letter informing the Court that they do not intend to make any revisions. (Signed by Judge Analisa Torres on 9/8/2022) (ate)
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Filing
143
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for September 14, 2022 at 10:30 a.m. in Courtroom 228, United States Courthouse, 40 Foley Square, New York, New York. Parties must attend in-person with t heir counsel. The person with decision making authority to settle the matter for each party must attend the conference or be accessible by phone or other means during the conference. The parties are instructed to prepare pre-conference submissio ns in accordance with Judge Willis's Individual Practices. Pre-conference submissions must be received by the Court no later than September 7, 2022. SO ORDERED. ( Settlement Conference set for 9/14/2022 at 10:30 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Jennifer E Willis.) (Signed by Magistrate Judge Jennifer E Willis on 8/4/2022) (tg)
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Filing
141
ORDER: On July 8, 2022, the Court ordered the parties to submit a joint letter by July 29, 2022, informing the Court whether they wish to be referred to a magistrate judge for settlement purposes. ECF No. 140. This submission is overdue. Accordingly, by August 5, 2022, the parties shall submit their joint letter. SO ORDERED. (Signed by Judge Analisa Torres on 8/2/2022) (ks)
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Filing
140
ORDER: Trial in this matter shall begin on October 17, 2022, at 9:00 a.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. Accordingly, Motions due by 8/15/2022., Pretrial Order due by 9/6/2022., Respon ses due by 8/22/2022, Final Pretrial Conference set for 10/12/2022 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres., Jury Trial set for 10/17/2022 at 09:00 AM in Courtroom 15D, 500 Pearl Street, New Y ork, NY 10007 before Judge Analisa Torres. Prior to the final pretrial conference, both parties shall meet in person for at least one hour to discuss settlement of this matter. Additionally, the parties shall submit a joint letter by July 29, 2022, informing the Court whether they wish to be referred to a magistrate judge for settlement purposes. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 7/08/2022) (ama)
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Filing
139
ORDER: At a status conference held on March 24, 2022, the Court informed the parties that it will request a trial date in this matter for October 11, 2022. See ECF No. 138. Because of scheduling conflicts, the Court shall now request a trial date for October 17, 2022. SO ORDERED. (Signed by Judge Analisa Torres on 3/31/2022) (ks)
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Filing
137
ORDER granting 136 Letter Motion to Adjourn Conference. The Court has reviewed Plaintiff's letter dated March 21, 2022. ECF No. 136. Accordingly, the status conference scheduled for March 23, 2022, is ADJOURNED to March 24, 2022, at 2:00 p .m. The Court will email the parties with instructions on how to join the videoconference. The public may access the conference by calling (215) 861-0674 and using access code 5598827. The Clerk of Court is directed to terminate the motion pending at ECF No. 136. SO ORDERED. Status Conference set for 3/24/2022 at 02:00 PM before Judge Analisa Torres.. (Signed by Judge Analisa Torres on 3/22/2022) (kv)
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Filing
135
ORDER, The Court has reviewed the parties' letter dated March 9, 2022. ECF No. 134. Accordingly, the Court shall hold a status conference on March 23, 2022, at 11:00 a.m., via videoconference. The Court will email the parties with instructions on how to join the videoconference. SO ORDERED. ( Status Conference set for 3/23/2022 at 11:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 3/14/22) (yv)
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Filing
133
ORDER: A jury trial in this matter was held from February 15 to February 22, 2022. See ECF Nos. 12932. Because the jury was unable to reach a verdict, the Court declared a mistrial on February 22, 2022. Accordingly, by March 9, 2022, the parties shall file a letter with the Court regarding the status of the case and their blackout dates for the third and fourth quarters of 2022. SO ORDERED. (Signed by Judge Analisa Torres on 2/23/2022) (kv)
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Filing
128
ORDER granting in part and denying in part 111 Motion in Limine; granting in part and denying in part 112 Motion in Limine. Accordingly, 1. The parties' motions in limine are GRANTED in part, and DENIED in part, for the reasons stated o n the record. 2. By February 8, 2022, Defendants shall file any further information in support of the authenticity of the document submitted to the Court as "Exhibit C." By February 10, 2022, Plaintiff shall file any response. 3. Trial shal l begin on February 15, 2022, at 9:00 a.m. On that day, the parties shall bring for the Court two sets of courtesy copies (in addition to copies for the parties and witnesses) of all exhibits to be offered as substantive evidence. The parties are dir ected to comply with the Court's COVID-19 protocols, which can be found here: https://www.nysd.uscourts.gov/covid-19 coronavirus. The Clerk of Court is directed to terminate the motions at ECF Nos. 111, 112. SO ORDERED.. (Signed by Judge Analisa Torres on 2/4/2022) (kv)
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Filing
124
ORDER granting in part and denying in part 123 Letter Motion to Adjourn Conference. This case is now the primary backup case for February 15, 2022. Defendants' motion for an adjournment of trial is DENIED. As the Court has stated previousl y, this case must be trial ready on February 15, 2022. Because defense counsel will likely be in trial on February 1, 2022, the pretrial conference scheduled for that date is ADJOURNED to February 3, 2022, at 3:00 p.m. SO ORDERED. Final Pretrial Conference set for 2/3/2022 at 03:00 PM before Judge Analisa Torres.. (Signed by Judge Analisa Torres on 1/26/2022) (kv)
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Filing
122
ORDER: Accordingly, by January 24, 2022, the parties shall submit, via email, a copy of each documentary exhibit sought to be admitted at trial. By January 28, 2022, the parties shall deliver to the Court the exhibits in the manner discussed in the December 14 order. (Signed by Judge Analisa Torres on 1/19/2022) (ate)
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Filing
121
ORDER: The Court has reviewed Defendants' letter dated January 12, 2022. ECF No. 120. In light of the uncertainty created by the current state of the COVID-19 pandemic, the Court cannot provide an update on whether the trial shall begin as sch eduled on February 15, 2022. As was stated in the Court's order dated December 14, 2021, "[t]he case must... be trial ready for that date." ECF No. 119. The Court will inform the parties when it has any further information. Accordingly, the parties are directed to proceed as if the trial shall begin on February 15, 2022. SO ORDERED., ( Ready for Trial by 2/15/2022.) (Signed by Judge Analisa Torres on 1/14/2022) (ama)
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Filing
119
ORDER: Accordingly, 1. By January 14, 2022, the parties shall deliver to the Court one copy of each documentary exhibit sought to be admitted, pre-marked (i.e., labeled with exhibit stickers) and assembled sequentially in a looseleaf binder or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference in accordance with Paragraph V.C(v) of the Court's Individual Practices. The Clerk's Office has notified the Court t hat this has been scheduled as the secondary back up case for February 15, 2022. The case will proceed if the primary and primary backup cases do not go forward. The case must therefore be trial ready for that date. The Court will hold a final pre trial conference on February 1, 2022, at 11:00 a.m., via videoconference. The Court will email the parties with instructions on how to join the videoconference. The Clerk of Court is directed to STRIKE the Court's order at ECF No. 118. ( Ready for Trial by 2/15/2022.), ( Final Pretrial Conference set for 2/1/2022 at 11:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 12/14/2021) (ate) Modified on 12/14/2021 (ate).
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Filing
107
ORDER granting 106 Letter Motion for Extension of Time to File. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 11/2/2021) (kv)
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Filing
104
ORDER: denying as moot 102 Letter Motion to Compel. Pursuant to Plaintiff's letter dated October 22, 2021, ECF No. 103, Defendant's motion is DENIED as moot. SO ORDERED. (Signed by Judge Analisa Torres on 10/22/2021) (ama)
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Filing
101
ORDER granting 100 Letter Motion for Extension of Time to File. In light of the parties' repeated inability to meet the deadlines set by the Court for the filing of their pretrial submissions, the trial scheduled for October 25, 2021, is AD JOURNED. The Court, utilizing the procedures within this District governing the scheduling of jury trials during the COVID-19 pandemic, will seek to schedule a jury trial for the first calendar quarter of 2022. By November 1, 2021, the parties sh all submit their joint pretrial order, as well as all other required pretrial filings, including motions addressing any evidentiary issues or other matters that should be resolved in limine, joint requests to charge, joint proposed verdict forms, a nd joint proposed voir dire questions, in accordance with ECF No. 90. By November 8, 2021, the parties shall file, if necessary, any objections to another party's requests to charge or proposed voir dire questions, any opposition to any moti on in limine, and any opposition to any legal argument in a pretrial memorandum. No further extensions shall be granted, absent a showing of extraordinary cause. The Court shall schedule the final pretrial conference upon setting a date certain for trial. The conference scheduled for October 18, 2021, is ADJOURNED sine die. The Clerk of Court is directed to terminate the motion at ECF No. 100. SO ORDERED.. (Signed by Judge Analisa Torres on 9/24/2021) (kv)
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Filing
99
ORDER granting 96 Letter Motion to Compel. The Court is in receipt of Plaintiff's filing dated September 23, 2021. ECF No. 98. Accordingly, the parties shall file any motions in limine by September 24, 2021, and responses to the motions, if any, by October 1, 2021. By October 1, 2021, the parties shall file their joint pretrial order, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions, in accordance with the Court's order at ECF No. 90. By October 4, 2021, the parties shall file, if necessa1y, any objections to another party's requests to charge or proposed voir dire questions, and any opposition to any legal argument in a pretrial memorandum. The Clerk of Court is directed to terminate the motion at ECF No. 96. SO ORDERED.. (Signed by Judge Analisa Torres on 9/23/2021) (kv)
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Filing
95
ORDER granting in part and denying in part 94 Letter Motion for Extension of Time to File. GRANTED in part, DENIED in part. By September 24, 2021, the parties shall submit their pretrial materials as described in ECF No. 90. By October 1, 2021, the parties shall file any oppositions, if required. SO ORDERED.. (Signed by Judge Analisa Torres on 9/9/2021) (kv)
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Filing
91
ORDER granting in part and denying in part 75 Motion for Summary Judgment. For the reasons stated above, Defendants' motion for summary judgment is GRANTED in part and DENIED in part. Specifically, the motion is GRANTED as to Plaintiff' ;s state false arrest claim, § 1983 malicious prosecution and excessive force claims, and claims against the Doe Defendants. Plaintiff's § 1983 false arrest claim and state malicious prosecution claim remain for trial. The Clerk of Court is directed to terminate the motion at ECF No. 75. SO ORDERED. (Signed by Judge Analisa Torres on 3/11/2021) (kv)
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Filing
86
ORDER for 85 Report and Recommendations, 60 Motion to Dismiss/Lack of Prosecution, Motion for Sanctions,, filed by City of New York, Mirjan Lolja. The Court, therefore, ADOPTS the R&R in its entirety. Accordingly, Defendants' motion for sanctions pursuant to Rules 41, 37(b) and 30(d)(2) of the Federal Rules of Civil Procedure is GRANTED in part and DENIED in part. It is ORDERED that Plaintiff shall pay $250.00 to Defendants as a sanction for violation of Judge Fox's N ovember 19, 2019 order, ECF No. 57. See R&R at 15. The Clerk of Court is directed to terminate the motion at ECF No. 60. SO ORDERED. Motions terminated: 60 MOTION to Dismiss for Lack of Prosecution pursuant to 41(b). MOTION for S anctions to dismiss for failure to comply with Court Order pursuant to 37(b) and costs pursuant to 30(d)(2). filed by City of New York, Mirjan Lolja. (Signed by Judge Analisa Torres on 6/30/2020) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
72
ORDER, It is ORDERED that by February 24, 2020, Plaintiff shall submit his response to Defendants' pre-motion letter. In light of the pending request to move for summary judgment, the case management conference scheduled for Febmaiy 20, 2020 i s ADJOURNED sine die. SO ORDERED. Set Deadlines/Hearing as to 71 LETTER MOTION for Conference to discuss defendants' anticipated motion for summary judgment pursuant to FRCP 56 addressed to Judge Analisa Torres from Valerie E. Smith dated February 7, 2020. : (Responses due by 2/24/2020) (Signed by Judge Analisa Torres on 2/19/20) (yv)
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Filing
70
ORDER granting 69 Letter Motion to Adjourn Conference; granting 69 Letter Motion for Extension of Time. GRANTED. By February 7, 2020, Defendants shall file their pre-motion letter pursuant to Rule III(C) of the Court's Individual Practice s in Civil Cases. The case management conference scheduled for January 14, 2020, is ADJOURNED to February 20, 2020, at 11:00 a.m. (Case Management Conference set for 2/20/2020 at 11:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 1/8/2020) (cf)
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Filing
65
ORDER granting in part and denying in part 64 Letter Motion to Stay. GRANTED in part, DENIED in part. The Court will not extend the time to file pre-motion letters pending the disposition of Defendant's motion to dismiss for failure to prose cute, ECF No. 60. If, however, Defendant requires further discovery before filing a summary judgment motion, Defendant may apply to the Honorable Kevin Nathaniel Fox to reopen discovery, and to compel Plaintiff to provide discovery as appropriate. A ccordingly, it is ORDERED that the time by which either party may file a pre-motion letter pursuant to Rule III(C) of the Court's Individual Practices in Civil Cases is extended to January 17, 2020. If, before January 17, 2020, either party fi les a motion to reopen fact discovery, the time for either party to file a pre-motion letter will be extended until fourteen days after the resolution of that motion by the Judge Fox -- or, if Judge Fox grants the motion, fourteen days after the close of fact discovery. (Signed by Judge Analisa Torres on 12/20/2019) (cf)
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Filing
57
ORDER: IT IS HEREBY ORDERED that the plaintiff provide responses or supplement responses previously provided to the interrogatories and document demands of the defendants discussed during the conference. The plaintiff shall also provide to the def endant on or before November 21, 2019, such authorizations or releases for information as are needed consistent with the discussion had during the November 14, 2019 conference. The time for the parties to complete their pretrial discovery activities is enlarged to December 19, 2019. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/19/2019) (ks)
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Filing
56
ORDER: In light of Defendants' motion to compel production and extend discovery currently pending before the Honorable Kevin Nathanial Fox, ECF No. 49, the case management conference scheduled for November 19, 2019, is ADJOURNED to January 14, 2020, at 11:40 a.m. (As further set forth in this Order.) (Case Management Conference set for 1/14/2020 at 11:40 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 11/18/2019) (cf)
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