Perez v. City Of New York et al
| Marilyn Perez |
| The City Of New York,, Deputy Inspector Keith Walton, The New York City Police Department and City Of New York |
| 1:2018cv09532 |
| October 17, 2018 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Jobs |
| Both |
Docket Report
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| Filing 35 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The New York City Police Department, City Of New York and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New York City Police Department, City Of New York. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Branch, Cassandra) |
| Filing 34 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Marilyn Perez and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New York City Police Department, City Of New York. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Branch, Cassandra) |
Filing 32
MEMO ENDORSEMENT on re: #30 LETTER MOTION to Adjourn Conference Due to Settlement and Withdraw the City's Erroneous Representation of Defendant Walton addressed to Judge Valerie E. Caproni from Cassandra N. Branch dated December 4, 2019. filed by The New York City Police Department, City Of New York. ENDORSEMENT: The Clerk of Court is respectfully directed to remove Ms. Cassandra Branch as counsel for Defendant Keith Walton. SO ORDERED. (Attorney Cassandra Natasha Branch terminated.) (Signed by Judge Valerie E. Caproni on 12/4/2019) (rro)
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Filing 31
ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and otherdeadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 6.A of the Court's Individual Practices and (2)a request that the Court issue an order expressly retaining jurisdiction to enforce the settlementagreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/04/2019) (ama)
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| Filing 30 LETTER MOTION to Adjourn Conference Due to Settlement and Withdraw the City's Erroneous Representation of Defendant Walton addressed to Judge Valerie E. Caproni from Cassandra N. Branch dated December 4, 2019. Document filed by City Of New York, The New York City Police Department.(Branch, Cassandra) |
| Filing 29 NOTICE OF APPEARANCE by Cassandra Natasha Branch on behalf of City Of New York, The New York City Police Department. (Branch, Cassandra) |
| Filing 28 NOTICE OF APPEARANCE by Cassandra Natasha Branch on behalf of City Of New York, The New York City Police Department, Keith Walton. (Branch, Cassandra) |
| Filing 27 LETTER addressed to Judge Valerie E. Caproni from Louis C. La Pietra, Esq. dated 12/03/2019 re: Adjournment of Pre-Trial Conference scheduled for December 6, 2019, at 10:00AM. Document filed by Keith Walton.(Lapietra, Louis) |
| NOTICE of Hearing: Please be advised that the hearing currently scheduled for Friday, December 6, 2019, will be held in Courtroom 15C at 500 Pearl Street. (anc) |
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Filing 26
MEMO ENDORSEMENT on re: #24 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Valerie E. Caproni from Joseph Donnelly dated 10/25/2019. filed by Marilyn Perez, (Pretrial Conference set for 12/6/2019 at 10:00 AM before Judge Valerie E. Caproni.). ENDORSEMENT: The parties were advised at the initial conference that the discovery deadline in this case should be viewed as a firm deadline and that they should not ask the Court for an extension on the eve of close of discovery. For those reasons, the Court declines to extend discovery for 60 days. The fact discovery deadline is extended through November 27, 2019; no further extensions will be granted absent extraordinary circumstances. The status conference currently scheduled for November 1, 2019, is adjourned to December 6, 2019, at 10:00 A.M. A joint letter is due from the parties no later than November 27, 2019. So Ordered. (Signed by Judge Valerie E. Caproni on 10/25/2019) (js)
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| Filing 25 RULE 26 DISCLOSURE.Document filed by Marilyn Perez.(Donnelly, Joseph) |
| Filing 24 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Valerie E. Caproni from Joseph Donnelly dated 10/25/2019. Document filed by Marilyn Perez.(Donnelly, Joseph) |
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Filing 23
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). All Fact Discovery due by 10/31/2019. This case is to be tried to a jury. The next Pretrial Conference set for 11/1/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/26/2019) (ama)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 6/28/2019. (jp) |
| Filing 22 LETTER addressed to Judge Valerie E. Caproni from Gary Moy dated 6/20/2019 re: Joint Letter with Proposed Case Management Plan in connection with June 28, 2019 Initial Conference. Document filed by City Of New York, The New York City Police Department. (Attachments: #1 Proposed Case Management Plan)(Moy, Gary) |
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Filing 21
ORDER granting #20 Letter Motion to Adjourn Conference. The initial conference is adjourned to 10:00 A.M. on June 28, 2019. The parties' joint submissions shall be due on June 20, 2019. No further extensions are likely to be granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/6/2019) Initial Conference set for 6/28/2019 at 10:00 AM before Judge Valerie E. Caproni. (ks)
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| Filing 20 SECOND LETTER MOTION to Adjourn Conference on June 14, 2019 addressed to Judge Valerie E. Caproni from Joseph Donnelly dated 06/06/2019. Document filed by Marilyn Perez. Return Date set for 6/28/2019 at 10:00 AM.(Donnelly, Joseph) |
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Filing 19
ORDER: granting #18 Letter Motion to Adjourn Conference. The initial conference scheduled for May 24 is adjourned to 10:00 A.M. on June 14, 2019. The parties' joint submissions shall be due by June 6, 2019. SO ORDERED. Initial Conference set for 6/14/2019 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/17/2019) (ama)
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| Filing 18 FIRST LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Joseph Donnelly dated May 17, 2019. Document filed by Marilyn Perez. Return Date set for 6/28/2019 at 10:00 AM.(Donnelly, Joseph) |
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Filing 17
NOTICE OF INITIAL PRETRIAL CONFERENCE granting #16 Letter Motion for Conference. Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on May 24, 2019, 2019 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. This Court encourages plaintiffs to serve defendants promptly. And as set forth herein. SO ORDERED. Initial Conference set for 5/24/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.. (Signed by Judge Valerie E. Caproni on 5/02/2019) (ama)
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| Filing 16 LETTER MOTION for Conference (Scheduling Conference ahead of Mediation) addressed to Judge Valerie E. Caproni from Louis C. La Pietra, Esq. dated May 1, 2019. Document filed by Keith Walton.(Lapietra, Louis) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 4/18/19 at 40 Foley Square was NOT held.(ah) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 4/18/19, 10 A.M. at 40 Foley Square.(ah) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/19/2019.(mf) |
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Filing 15
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 1/28/2019. (Signed by Judge Loretta A. Preska on 10/1/2015) (mf)
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| Filing 14 ANSWER to #4 Complaint with JURY DEMAND. Document filed by City Of New York, The New York City Police Department.(Moy, Gary) |
| Filing 13 ANSWER to #4 Complaint., CROSSCLAIM against The New York City Police Department. Document filed by Keith Walton.(Lapietra, Louis) |
| Filing 12 NOTICE OF APPEARANCE by Louis C. Lapietra on behalf of Keith Walton. (Lapietra, Louis) |
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Filing 11
ORDER: granting #10 Letter Motion for Extension of Time to Answer. All Defendants' time to answer is extended until January 15, 2019. Parties are advised that, given this lengthy extension, no further extensions are likely to be granted without good cause. SO ORDERED. City Of New York answer due 1/15/2019; The New York City Police Department answer due 1/15/2019; Keith Walton answer due 1/15/2019. (Signed by Judge Valerie E. Caproni on 11/13/2018) (ama)
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| Filing 10 LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Gary Moy dated 11/9/2018. Document filed by City Of New York.(Moy, Gary) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint served on THE NEW YORK CITY POLICE DEPARTMENT on October 24, 2018. Service was accepted by Ms. Conwell, employee. Document filed by Marilyn Perez. (Donnelly, Joseph) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint served on THE CITY OF NEW YORK on October 24, 2018. Service was accepted by B. Mazyck, employee. Document filed by Marilyn Perez. (Donnelly, Joseph) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint served on Deputy Inspector Keith Walton on October 26, 2018. Service was accepted by Peyton MacFarlene, Step-daughter. Document filed by Marilyn Perez. (Donnelly, Joseph) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to City Of New York, The New York City Police Department, Keith Walton. (dnh) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, The New York City Police Department and Deputy Inspector Keith Walton, re: #4 Complaint. Document filed by Marilyn Perez. (Donnelly, Joseph) |
| Filing 4 COMPLAINT against City Of New York, The New York City Police Department, Keith Walton. Document filed by Marilyn Perez.(Donnelly, Joseph) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Donnelly, IV. The following case opening statistical information was erroneously selected/entered: County code Bronx. The following correction(s) have been made to your case entry: the County code has been modified to Nassau. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph Donnelly, IV to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Barbara C. Moses 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joseph Donnelly, IV to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney. 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. (pc) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, The New York City Police Department and Deputy Inspector Keith Walton, re: #1 Complaint. Document filed by Marilyn Perez. (Donnelly, Joseph) Modified on 10/18/2018 (pc). |
| Filing 2 CIVIL COVER SHEET filed. (Donnelly, Joseph) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-15766888)Document filed by Marilyn Perez.(Donnelly, Joseph) Modified on 10/18/2018 (pc). |
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